Village of Westbury, NY General Requirements for Subdivision Design

Land to be subdivided shall be designed in reasonable conformity with existing topography in order to minimize grading, cut and fill and to retain insofar as possible the natural contours, to limit stormwater runoff and to conserve the natural vegetative cover and soil. No tree, topsoil or excavated material shall be removed from its natural position, except where necessary and incidental to the improvement of lots and the construction of streets and related facilities in accordance with the approved plan. Topsoil shall be restored to a depth of at least six inches and properly seeded and fertilized in those disturbed areas not occupied by buildings or structures.

Existing natural features which are of ecological, aesthetic or scenic value to residential development or to the village as a whole, such as wetlands, watercourses, water bodies, rock formations, stands of trees, historic spots and similar irreplaceable assets shall be preserved, insofar as possible, through harmonious design of the subdivision and, where appropriate, the Planning Board may require the inclusion of such features in permanent reservations.

Frontage on improved streets. The areas proposed to be subdivided shall have frontage on and direct access to an existing village, town, county or state highway or to a street shown on a final plat duly filed in the office of the Nassau County Clerk. If such street be private, it shall be improved to the satisfaction of the Planning Board or there shall be a cash deposit or irrevocable letter of credit held by the village to guarantee such improvement.

§ 218-22 Street design requirements.

Location, width and improvement. Streets shall be suitably located, of sufficient width and adequately improved to accommodate the expected traffic and to afford satisfactory access to police, fire-fighting, snow removal and other utility and road maintenance equipment and shall be coordinated so as to compose a safe and convenient system. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and so as to provide for lots fronting on both sides of the proposed streets.

Relation to topography. Streets shall be appropriately related to the natural topography and shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the streets. A combination of steep grades and curves shall be avoided.

Intersections. Cross (four-cornered) street intersections shall be avoided insofar as possible, except at important traffic locations. A distance at least equal to the minimum required lot width, but not less than 150 feet, shall be maintained between center lines of offset intersecting streets. Within 60 feet of the center of an intersection, streets shall be approximately at right angles and grades shall be limited to a maximum of 1.5%. When two streets intersect at an angle of less than 75°, special pavement, channelization, right-of-way and/or sight easement restrictions may be required by the Planning Board.

Continuation of streets into adjacent properties.

The arrangement of streets shall provide for their construction between adjacent properties where such continuation is determined necessary for proper traffic movement, effective fire protection, efficient provision of utilities, snow removal and other services. Alternatively, if a street continuation is not determined to be warranted by the circumstances or would result in unsafe traffic conditions or otherwise jeopardize the public safety and welfare, the Planning Board may require such street to be terminated short of the boundary lines of the subdivision.

Where a continuation of a street beyond the boundaries of a subdivision is warranted, but the adjacent property is undeveloped and the street must dead-end temporarily, the Planning Board may require that the right-of-way and all improvements be extended to the property line. A temporary circular turnaround shall be provided on all temporary dead-end streets in excess of 100 feet in length, with a notation on the final plat that land outside the normal street right-of-way shall revert to abutting property owners upon continuation of the street. The length of temporary dead-end streets shall normally be limited to not more than double the permitted length of permanent dead-end streets.

Where a turnaround exists at the end of a street within an adjoining development to which a proposed street is to connect, the applicant may be required to remove the portions of the turnaround pavement outside of the normal width of the traveled way, perform any necessary reconstruction of the pavement edge, construct continuations of any existing driveways to the new pavement edge and regrade, seed and drain the disturbed areas in such a manner as to blend them in with the surrounding landscape.

Permanent dead-end streets. Where a street does not extend to the boundary of a subdivision and its future continuation is not required by the Board, it shall be separated from such boundary by a distance not less than the minimum required lot depth. The Planning Board may require the reservation of an easement to the boundary to accommodate utilities, drainage facilities and/or pedestrian traffic. A circular turnaround with a minimum radius of 35 feet for the outside curb at the closed end shall be provided at the end of a permanent dead-end street. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length, exclusive of the turnaround, to 400 feet.

Solar access considerations. To permit maximum solar access to proposed lots and future buildings, wherever reasonably feasible, consistent with other appropriate design considerations, new streets shall be located on an east-west access. This encourages house siting with the maximum exposure of roof and wall area to the sun. The Board shall also consider the slope of the property and the nature and location of existing vegetation as they affect solar access.

Street names. The Board of Trustees shall designate names of new streets. Street names shall be sufficiently different in sound and in spelling from other names in the village so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name. Proposed street names shall be reviewed by the local fire department and post office.

Design standards for new streets. Streets shall meet the design standards set forth in the following table. Street classifications may be determined by the Planning Board. Standards are not shown for streets which would be built by the state or county.

Local street.

(a)

Minimum width of right-of-way: 50 feet.

(b)

Minimum width of pavement: 30 feet.

(c)

Minimum width of horizontal curves: 100 feet but not less than 20 feet for each 1% algebraic difference of grade.

(d)

Minimum length of tangents between reverse curbs: 100 feet, except where excessive grades may be reduced to reasonable grades by shortening tangent.

(e)

Maximum grade: 10%.

(f)

Minimum grade: 1%.

(g)

Minimum sight distance: 150 feet.

(h)

Block lengths generally shall not exceed 1,200 feet in length.

(i)

Pedestrian walks in public ways of not less than 10 feet in width shall be provided near the center of all blocks exceeding 600 feet in length.

(j)

Curb radii at intersections shall be not less than 20 feet and property lines shall be adjusted accordingly.

(k)

Side lines of lots, wherever practicable, shall be at right angles or radial to street lines.

(l)

Reversed frontage of lots at street intersections shall be avoided, where possible.

§ 218-23 Improvements.

Street improvements. Streets shall be graded and improved with pavement, sidewalks, curbs, gutters, streetlighting standards, street signs, street trees, water mains, sanitary sewers, storm drains, fire alarm signal devices, fire hydrants and other utilities, except that the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of the public health, safety and welfare. The subdivider shall install underground service connections to the property line of each lot before the street is paved. Except where waivers are granted, all such grading and street improvements shall conform in all respects to these regulations. Wherever the area to be subdivided is to utilize existing road frontage, said road shall be improved as provided above.

Drainage improvements.

The subdivider may be required by the Planning Board to carry away by pipe or open ditch any spring- or surface water that may exist either previous to or as a result of the subdivision. The subdivider may be required to continue the piping of upstream drainage systems. Such drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual unobstructed easements of appropriate width.

Drainage facilities shall, in each case, be large enough to accommodate potential runoff from their entire upstream drainage area, whether inside or outside the subdivision, based on a one-hundred-year storm and assuming conditions of maximum potential development within the watershed as permitted by Chapter 248, Zoning. The applicant shall be responsible for submitting such computations to the Village Engineer in sufficient detail to make possible the ready determination of the adequacy of the proposed drainage installations, and the Village Engineer shall be responsible for reviewing these and preparing recommendations for the Planning Board.

The Planning Board may also require the subdivider to prepare a study of the effects of the subdivision on existing downstream drainage facilities. Where such study or the Planning Board, after an independent analysis, determines that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Planning Board shall notify the owner of such downstream facility of such potential condition and may withhold approval of the subdivision until provision has been made for the correction of said potential condition; or, in the alternative, the developer may deposit in escrow the full cost of the required improvement of the said potential condition in such sum as the Planning Board shall determine. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.

Underground utilities. In order to assure greater safety and improved appearance, all utility lines and related equipment for providing power and communication services shall be installed underground in the manner prescribed by the regulations of the utility company having jurisdiction. Underground utility lines shall be located outside of the traveled way of the streets but, except in unusual circumstances, within the street right-of-way. Underground service connections shall be provided to the property line of each lot before the street is paved and may pass under the traveled way of the street. Where existing utility facilities are located aboveground, except on public rights-of-way, they shall be removed and placed underground.

Other improvements.

Monuments.

(a)

Monuments shall be required wherever deemed necessary by the Planning Board to enable all property lines to be readily reproduced on the ground. Monuments shall be located at all lot corners.

(b)

Monuments shall be set vertically in solid ground three inches above the ground surface with accurate reference to a permanently identifiable fixed point.

Traffic control and street signs. Traffic control and street signs shall be provided by the subdivider and placed at all intersections, within the street right-of-way and in other locations as required by the approving authority. The type and location of such signs shall be approved by the Village Engineer of the Village of Westbury.

Fencing of hazardous conditions. Each subdivider and/or developer shall be required to furnish and install all fences wherever the Planning Board determines that a hazardous condition may exist on the site. Said fences shall be constructed according to standards established by the Village Engineer and shall be noted as to height and material on the final plat. No certificate of occupancy shall be issued until said fence improvements have been duly installed.

(4)

Streetlighting standards. Streetlighting standards, of a design and location approved by the Planning Board and Village Engineer, shall be provided and installed by the subdivider. Said streetlights are to be installed by the subdivider prior to the issuance of any certificate of occupancy and are to be maintained at his sole expense until such time as the roads have been accepted by the Village of Westbury. In the case of a subdivision involving a county or state roadway, approval shall be obtained from the County Department of Public Works.

(5)

Sanitary sewers and sewerage facilities, water mains and water supply facilities and fire hydrants. The subdivider shall install sanitary sewers and sewerage facilities and/or water mains and water supply facilities and fire hydrants of the type and in a manner specified by the construction standards and specifications of the appropriate agency. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves, shall be installed before any final paving of a street shown on the final plat.

(6)

Street trees. The Planning Board may require the planting of new street trees in subdivisions which are lacking in trees or in which a substantial loss of trees has occurred or will occur in the process of road construction. Such trees shall preferably be of a hardwood variety, of a type indigenous to the neighborhood, shall be planted in fertile or fertilized ground and shall be watered and nurtured until growth is assured. Trees shall have a minimum trunk diameter at a point six feet above ground level of at least 21/2 inches. If planting of such trees is required, the applicant shall first submit a planting plan to the Planning Board for approval. In general, trees shall be planted on both sides of the road, within the road right-of-way but outside of any sidewalks and at intervals of 50 feet on center.

(7)

Fire alarm signal devices. Where required by the Planning Board, the subdivider shall install fire alarm signal devices, including necessary ducts, cables and other connecting facilities, of a type and in a manner and location prescribed by the appropriate fire district or other municipal agency having jurisdiction.

(8)

School bus pickup areas. The Planning Board may require that the subdivider reserve, clear, grade, pave and otherwise improve an area of such size and location as will provide a safe and suitable place for the use of children awaiting school buses. In general, the size of such area shall not be less than 100 square feet and no dimension shall be less than eight feet. Such area shall be included within the street right-of-way and shall be maintained by the holder of fee title to the street. The layout and design shall be subject to Planning Board approval.

§ 218-24 Lot design requirements.

Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulty, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Chapter 248, Zoning, the County Health Department regulations and other applicable regulations. If a proposed subdivision includes land that is zoned for commercial purposes, the layout of the subdivision with respect to such land shall make such provision as the Planning Board may require for safe and convenient access to such automobile parking and loading and unloading spaces as may be required by Chapter 248, Zoning, or otherwise for safe and convenient service access to such land.

Driveways. Approximate driveway locations shall be shown on the construction plans. The maximum driveway gradient to each building site shall not exceed 10% and the intersection of driveways with the road shall be so oriented and graded that vehicles may use the driveways safely. The Planning Board may require that the applicant submit necessary topographic and design information to demonstrate that the lot layout will allow driveways that meet these criteria and have proper drainage.

Lot dimensions.

Lot area and dimensions shall comply with at least the minimum standards of Chapter 248, Zoning, for the district in which they are located. Where lots are more than twice the minimum required area, the Planning Board may require that they be arranged so as to allow for further subdivision and the opening of future streets where necessary to serve such potential lots, all in compliance with Chapter 248, Zoning, and these regulations. Where, in the opinion of the Planning Board, lots of larger than the minimum size are required for purposes of proper drainage, water supply, waste disposal or the preservation of important ecological features, the Board may require such oversized lots as a condition of preliminary and/or final plat approval.

Side lot lines shall generally be at right angles to street lines (or radial to curving street lines) unless the Planning Board allows a variation from this rule to give a better street or lot arrangement. Dimensions of corner lots shall be large enough to allow for erection of buildings observing the minimum front yard setback from both streets.

Where a proposed subdivision includes an existing residence larger in size than can appropriately be placed on a lot of the minimum size permitted in the applicable zoning district, the Planning Board may require that the lot be of such size and relationship to the proposed street system that the structure will be an appropriate and harmonious part of the subdivision.

Access from collector streets. Lots shall not, if possible, derive access from a collector street, but shall front on a local interior street. Where driveway access from a collector street may be necessary for two or more adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit the possible traffic hazard on such street. Any such driveways, where permitted, shall be designed in such a way as to provide adequate and convenient area for the turnaround of vehicles so as to avoid requiring them to back into traffic on such collector streets.

Double frontage lots. Lots fronting on two streets, other than corner lots, shall be avoided except where deemed essential by the Planning Board in order to provide separation of residential development from major or collector streets or to overcome problems of topography or orientation. The Planning Board may require access limitations and/or buffer landscaping for such double frontage lots where the Board determines that such measures would be appropriate.

Water bodies. If a subdivision contains a water body or portion thereof, lot lines shall be drawn so as to distribute the entire ownership of the water body among the adjacent lots, unless the Planning Board approves an alternate plan whereby the ownership of and responsibility for the safety of the water body is so placed that it will not become a village responsibility. No more than 25% of the minimum lot area required under Chapter 248, Zoning, may be satisfied by land which is under water or is designated as a wetland by the New York State Department of Environmental Conservation.

Access across a watercourse. Where a watercourse separates the buildable area of a lot from the street from which it derives access, provision shall be made for the installation of a bridge, culvert or other drainage facility, of a design approved by the Planning Board based upon, among other considerations, a recommendation of the Village Engineer, to provide satisfactory access across such watercourse for fire, police and other emergency equipment.

Steep slopes and easements. No more than 25% of the minimum lot area required under Chapter 248, Zoning, in the applicable zoning district may be satisfied by land with unexcavated slopes over 25% or within utility easements or other easements or rights-of-way.

Subdivision with land in two or more zoning districts or municipalities.

In general, a lot should not be divided by a zoning district or municipal boundary. If it is, however, necessary for a zoning district boundary to cross a lot, such lot shall be designed so that it can be readily developed in accordance with the standards of the more restrictive zoning district. If it is necessary for a municipal boundary line to cross a lot, the Planning Board may require suitable legal agreements to assure that the two portions of the lot will not be separated in the future and that the portion of the lot in the adjoining municipality will not be used for any purpose that would make it nonconforming if the entire lot were located within the Village of Westbury.

Whenever a subdivision includes land in two or more zoning districts and/or municipalities, the location of the zoning district and/or municipal boundary line shall be shown on the preliminary and final plats and, in addition, where zoning boundaries are involved, the following notation shall be added to the final plat: "Existing zoning boundaries as of _______________ 19______."

§ 218-25 Reservations and easements.

All reservations and easements shall be clearly indicated on the final plat, along with appropriate notations indicating the rights which exist with respect to each such reservation and/or easement.

Park reservations.

General standards. The Planning Board may require that land be reserved within subdivisions for a park or parks suitably located for playground or other recreational purposes. Each reservation shall be of suitable size, dimensions, topography and general character and shall have adequate street access for the particular purpose or purposes envisioned by the Planning Board. The area shall be shown and marked on the final plat as "Reserved for Park Purposes."

Minimum size.

(a)

Areas for parks shall be of reasonable size for neighborhood playgrounds or other recreational uses. In general, not less than 10% of the area of the subdivision shall be set aside for these purposes.

(b)

In general, sites reserved for park purposes shall have an area of at least 5,000 square feet. The Planning Board may require the location of such areas along the boundary of a subdivision so that additional land may be added at such time as the adjacent property is subdivided.

Ownership of park area. The ownership of reservations for park purposes shall be clearly indicated on the final plat and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance.

(4)

Cash payment in lieu of reservation. Where the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in a subdivision or where such a reservation is otherwise not appropriate or practical, the Planning Board may require, as a condition to approval of any such final plat, a payment to the village in lieu of such park area, in an amount specified in the fee schedule as adopted by the Board of Trustees.

Widening or realignment of existing streets. Where a subdivision borders an existing street which is narrower than the recommended right-of-way width as specified for such streets in these regulations or where a subdivision borders an existing street planned for widening or realignment in such a way as to require the use of some land in the subdivision, the Planning Board may require the final plat to show such areas which shall be marked "Reserved for Street Alignment (or Widening) Purposes." Land reserved for such purposes may not be counted in satisfying yard or area requirements of Chapter 248, Zoning.

Utility and drainage easements.

Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights-of-way, perpetual unobstructed easements of at least 20 feet in width shall be provided for such utilities or drainage facilities across land outside the street rights-of-way and with satisfactory access to the street. Drainage easements shall extend from the street to the watercourse or other drainage facility and shall convey to the holder of fee title of the street, the perpetual right to discharge stormwater runoff from the street and the surrounding area onto and over the affected premises by means of pipes, culverts or ditches or a combination thereof, together with the right to enter said premises for the purpose of making such installations and doing such maintenance work as the holder of such fee title of the street may deem necessary to adequately drain the street and the surrounding area.