A.
Character of land. Land of such a character that it
cannot be used without danger to health or peril from fire, flood
or other menace shall not be subdivided for residential purposes nor
for such other uses as may increase danger to health, life or property,
or aggravate a flood hazard, but such land may be set aside for such
uses as shall not involve such danger.
B.
Conformance to Comprehensive Plan or Official Map.
Subdivisions shall conform to the streets, drainage systems or parks
shown on the Official Map of the Village as it may be adopted by the
Village Board, and shall be properly related to the Village Comprehensive
Plan as may be adopted by the Planning Board.
[Amended 6-22-2005 by L.L. No. 4-2005]
C.
Frontage on improved road. The area to be subdivided
shall have frontage on, and access from, an existing street on the
Official Map, which shall have been suitably improved as required
by the highway and drainage specifications of the Village of Montebello
or other public agencies having jurisdiction and with the width and
right-of-way required by these subdivision regulations and the Official
Map. Wherever the area to be subdivided is to utilize existing road
frontage, said road shall be suitably improved as provided herein
above. The entire right-of-way required by these subdivision regulations
and the Official Map shall be dedicated to the Village of Montebello
as a condition of final plat approval.
D.
Monuments. Monuments shall be of a type which conform
to the Village highway and sewer specifications and shall be required
wherever deemed necessary by the Planning Board to enable all lines
to be reproduced upon the ground. In general, monuments shall be located
on street right-of-way lines at street intersections, angle points,
points of curve and block corners. They shall be spaced so as to be
within sight of each other, the sight lines being contained wholly
within the street limits. There shall be a monument at the intersection
of each subdivided lot line and street right-of-way.
E.
Construction standards. Improvements in the property
to be subdivided shall conform in all respects to the Highway and
Drainage Specifications of the Village as may be adopted by the Village
Board. Sewer improvements shall conform to requirements of the Town
of Ramapo and Rockland County Sewer District No. 1, as appropriate.
F.
Referral to agencies. The Planning Board may refer
any subdivision to other village, town, county, regional, state, or
special purpose agencies for a recommendation.
A.
Relation to topography. Roads shall be related appropriately to the topography. Local roads shall be curved wherever possible to avoid conformity of lot appearance. All streets shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. Specific standards are contained in Article IV, § 163-23I of these regulations.
B.
Block size. Block dimensions shall be generally wide enough to accommodate two lots in depth and generally not more than 12 times the minimum lot width required in the zoning district in length. In long blocks, the Planning Board may require the reservation of an easement through the block to accommodate utilities, drainage facilities or pedestrian traffic. See Article IV, § 163-27B and C.
C.
Intersections.
(1)
Intersections of streets shall be at angles as close
to 90° as possible. Toward this end, an oblique street should
be curved approaching an intersection and should be approximately
at right angles to the intersecting street for at least 100 feet therefrom.
Where three or more streets intersect, a turning circle, or other
special treatment, may be required by the Planning Board. Wherever
two streets intersect at an angle smaller than 75°, the right-of-way
returns and the relation of gutter grades shall be given special treatment,
as determined by the Board, and islands to channelize traffic may
be required.
(2)
Intersections of major streets by other streets shall
be at least 800 feet apart, if possible. Cross (four-cornered) street
intersections shall be avoided insofar as possible, except as shown
on the Village Master Plan or Official Map, or at other important
traffic intersections. A distance of at least 150 feet shall be maintained
between center lines of offset intersecting streets. Grades shall
be limited to not more than 3% within 75 feet of an intersection.
D.
Continuation of roads into adjacent property. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision of utilities, and where such continuation is in accordance with the Village plan. If the adjacent property is undeveloped, and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line. A temporary T- or L-shaped turnaround shall be provided on all temporary dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abuttors whenever the street is continued. The Planning Board may limit the length of temporary dead-end streets in accordance with Article IV, § 163-23I.
E.
Permanent dead-end roads.
(1)
Where a road does not extend to the boundary of the
subdivision and its continuation is not required by the Board for
access to adjoining property, its terminus shall normally not be nearer
to such boundary than 50 feet. However, the Planning Board may require
the reservation of an appropriate easement to accommodate drainage
facilities, pedestrian traffic or utilities. A circular turnaround
shall be provided at the end of a permanent dead-end street in accordance
with the Village highway and sewer specifications.
(2)
For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length in accordance with Article IV, § 163-23I. Where it is impossible to subdivide a property except by a dead-end road which is longer than permitted by these regulations, the Board may require that a divided roadway with center mall be constructed in a seventy-foot right-of-way (or greater width if required) in such a manner that either side of the roadway could be used, in emergencies, for two-way traffic.
F.
Road names. The preliminary plat as submitted shall
not indicate any names upon proposed streets. The developer at the
time of preliminary approval shall consult with emergency service
organizations and the local postmaster and shall then render its request
for road names to both the Planning Board and the Village Board. The
Planning Board shall not act to approve the name(s) unless it has
reviewed and duly considered the recommendation of the Village Board
or at least 45 days have passed from the filing of the request with
the Village Clerk without a reaction from the Village Board. In no
event shall the Planning Board approve a name expressly rejected by
the Village Board. Names should seek to enhance the character of the
neighborhood by highlighting geologic, biologic or historic aspects
of the Village and shall be sufficiently different in sound and in
spelling from other road names in the Village so as not to cause confusion.
Family surnames, individuals' names, and living or deceased persons'
names should be avoided, unless they represent a significant role
in the history of the Village or region or a strong historic connection
to the property. A road which exists or is planned as a continuation
of an existing road shall bear the same name.
[Amended 6-22-2005 by L.L. No. 4-2005; 7-16-2008 by L.L. No.
4-2008]
G.
Location, width and improvement of roads. Roads shall
be suitably located, of sufficient width, and adequately improved,
to accommodate the prospective traffic and to afford satisfactory
access to police, fire-fighting, snow removal or other road-maintenance
equipment, and shall be coordinated so as to compose a convenient
system. The location, arrangement or design of streets shall be such
as to cause no undue hardships to adjoining properties.
H.
Reserve strips. The creation of reserve strips adjacent
to a proposed street in such a manner as to deny access from adjacent
property to such street shall not be permitted.
I.
Design standards for new roads. Roads shall meet the
design standards set forth on the following pages. Road classification
may be indicated on the Village Master Plan or Official Map. Otherwise,
it shall be determined by the Planning Board.
|
Minimum ROW Width
| ||||
|---|---|---|---|---|
|
Zoning District
| ||||
|
RR-80
(feet)
|
RR-50, R-35,
R-25, R-15
(feet)
|
All Other Districts
(feet)
| ||
|
Local road
|
50
|
50
|
50
| |
|
Collector road
|
50
|
50
|
60
| |
|
Secondary road
|
60 to 70
|
60 to 70
|
70 to 80
| |
|
Major road
|
70 to 80
|
70 to 80
|
70 to 80
| |
|
Minimum Width of Travelled Way
| ||||
|---|---|---|---|---|
|
Zoning District
| ||||
|
RR-80
(feet)
|
RR-50, R-35,
R-25, R-15
(feet)
|
All Other Districts
(feet)
| ||
|
Local road
|
24a
|
30b
|
30a
| |
|
Collector road
|
24a
|
30b
|
40
| |
|
Secondary road
|
24a
|
40
|
44
| |
|
Major road
|
44a
|
48
|
48
| |
|
NOTES:
| ||||
|
aExclusive of required
shoulders.
| ||||
|
bSee § 163-23E(2) for divided roadway.
| ||||
|
Road Pavement, Shoulders, Drainage Structures,
Curbs, Turnaround, Etc.
(See Highway and Drainage Standards)
| |||||
|---|---|---|---|---|---|
|
Zoning District
| |||||
|
Maximum grade
|
RR-80
|
RR-50, R-35,
R-25, R-15
|
All Other Districts
| ||
|
Local road
|
10%
|
10%
|
6%
| ||
|
Collector road
|
8%
|
8%
|
6%
| ||
|
Secondary road
|
6%
|
6%
|
5%
| ||
|
Major road
|
6%
|
6%
|
5%
| ||
|
Minimum grade
|
1%
|
1%
|
1%
| ||
|
Maximum radius of
curve at center line
|
RR-80
|
RR-50, R-35,
R-25, R-15
|
All Other Districts
| |
|---|---|---|---|---|
|
Local road
|
100 feet
|
100 feet
|
200 feet
| |
|
Collector road
|
100 feet
|
100 feet
|
200 feet
| |
|
Secondary road
|
300 feet
|
300 feet
|
400 feet
| |
|
Major road
|
500 feet
|
500 feet
|
500 feet
|
|
Zoning District
| ||
|---|---|---|
|
Minimum length of
vertical curve
|
All Districts
| |
|
Local road
|
100 feet but not less than 20 feet for each
1% algebraic difference in grade.
| |
|
Collector road
|
100 feet but not less than 20 feet for each
1% algebraic difference in grade.
| |
|
Secondary road
|
200 feet but not less than 50 feet for each
1% algebraic difference in grade.
| |
|
Major road
|
300 feet but not less than 50 feet for each
1% algebraic difference in grade.
|
|
Zoning District
| |||
|---|---|---|---|
|
Minimum length of tangents
between reverse curves
|
Residential Districts
(feet)
|
All Other Districts
(feet)
| |
|
Local road
|
100
|
200
| |
|
Collector road
|
100
|
200
| |
|
Secondary road
|
200
|
300
| |
|
Major road
|
300
|
400
| |
|
Zoning District
| |||
|---|---|---|---|
|
Minimum sight distance
|
Residential Districts
(feet)
|
All Other Districts
(feet)
| |
|
Local road
|
300
|
300
| |
|
Collector road
|
300
|
300
| |
|
Secondary road
|
350
|
350
| |
|
Major road
|
400
|
400
| |
|
At intersections
|
Across corner - 75 feet back from intersection
| ||
|
Zoning District
| |||
|---|---|---|---|
|
Minimum
turnaround - local roads
|
Residential Districts
(feet)
|
All Other Districts
(feet)
| |
|
Diam: ROW
|
120
|
160
| |
|
Pavement
|
100
|
140
| |
|
Center island diameter
(if required)
|
40
|
60
| |
|
Zoning District
| ||||
|---|---|---|---|---|
|
Maximum length
of cul-de-sacc
|
RR-80
|
Other Residential Districts
|
All Other Districts
(feet)
| |
|
Permanent
|
Six times minimum lot width
|
Serving no more than 14 dwelling units
|
500
| |
|
Temporary
|
Twelve times minimum lot width
|
Serving no more than 25 dwelling units
|
1,000
| |
|
NOTE:
| ||||||||
|
cFor nonresidential
districts, as determined by the Planning Board.
| ||||||||
|
Zoning District
| ||||
|---|---|---|---|---|
|
Sidewalks
|
RR-80,
RR-50
|
R-35, R-25,
R-15
|
All Other Districts
| |
|
Local roadd
|
Optionale
|
One side
4 feet wide
|
Both sides
6 feet widef
| |
|
Collector road
|
Optional
|
Both sides
4 feet wide
|
Both sides
6 feet widef
| |
|
Secondary road
|
Optional
|
Both sides
4 feet wide
| ||
|
Major road
|
Both sides
4 feet wide
| |||
|
Zoning District
| |||
|---|---|---|---|
|
Minimum radius
at intersections
|
Residential Districts
(feet)
|
All Other Districts
(feet)
| |
|
ROW
|
25
|
30
| |
|
Pavement
|
25
|
30
| |
|
NOTES:
| ||||||||
|
dNot required on
permanent dead-end streets.
| ||||||||
|
eAt discretion of
Planning Board.
| ||||||||
|
fIn nonresidential
districts, right-of-way and pavement widths and sidewalk standards
may be reduced when potential traffic and parking requirements can
be satisfied with lesser standards.
| ||||||||
J.
Required street access. No permit for the erection of any building shall be issued unless the plat on which such building is proposed to be erected has access to a street or highway in accordance with the provisions of § 163-25E of the Subdivision Regulations. This section shall not preclude access by means of a shared driveway if the Planning Board approves a special permit therefor.
[Added 6-21-2006 by L.L. No. 4-2006]
A.
Road improvements.
(1)
Roads shall be graded and improved and conform to
the Village highway and drainage specifications, and shall be approved
as to design and specifications by the Village Engineer.
(2)
Frontage roads, perimeter streets and streets shall
be improved and dedicated by the developer at his expense to the full
width as required by these subdivision regulations.
B.
Drainage improvements.
(1)
The developer may be required by the Planning Board
to carry away by pipe or open ditch any surface water or groundwater
that may exist either previously to, or as a result of, the subdivision.
The removal of this water includes the control of runoff to minimize
erosion and sedimentation, both during and after construction, as
well as the preservation of water supplies, and the prevention or
alleviation of flooding conditions. Such drainage facilities shall
be located in the road rights-of-way where feasible, or in perpetual
unobstructed easements of appropriate width, and shall be constructed
in accordance with the Village highway and sewer specifications. Drainage
facilities shall be designed to be in accordance with the Village
policy of not permitting any net incremental discharge where downstream
drainage facilities are inadequate. Where this is not feasible, a
contribution of funds toward Village drainage improvements may be
accepted by the Planning Board in an amount to be determined by the
Planning Board at the time of final plat approval.
(2)
A culvert or other drainage facility shall, in each
case, be large enough to accommodate potential runoff from its entire
upstream drainage area, whether inside or outside the subdivision.
The Village Engineer shall approve the size of the facility, based
on the provisions of the highway and sewer specifications, assuming
conditions of maximum potential watershed development permitted by
the Zoning Chapter.
(3)
The Village Engineer shall also review the effect
of each subdivision on existing downstream drainage facilities outside
the area of the subdivision. The county drainage study of May 1960,
as it may be amended, together with such other studies as shall be
appropriate, shall serve as a guide to needed improvements. Where
it is anticipated that the additional runoff incident to the development
of the subdivision will overload an existing downstream drainage facility,
the Planning Board may withhold approval of the subdivision until
provision has been made for the improvement 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 within the subdivision as determined
by the Planning Board.
C.
Other improvements.
(1)
Road signs. The subdivider shall deposit with the
Village at the time of final subdivision approval a sum in accordance
with the Standard Schedule of Fees[1] for each road sign required by the Superintendent of Highways
and Village Engineer at all road intersections. The Village shall
install all road signs before issuance of certificates of occupancy
for any residence on the streets approved.
[1]
Editor's Note: The Standard Schedule of Fees
is on file in the Village Clerk-Treasurer's office.
(2)
Road lighting. Streetlights of a type approved by the Village may be required by the Planning Board in all subdivisions, and their location is to be shown on the construction drawings accompanying preliminary and final plats. Said streetlights are to be installed by the developer prior to the issuance of any certificate of occupancy, and are to be maintained at the developer's sole expense until such time as the roads have been accepted by the Village. In the case of a subdivision involving a county or state highway, approval shall be obtained from the appropriate agency. Where the Planning Board determines that streetlights are not to be provided, the provisions of Article III, § 163-17B shall apply.
(3)
Shade trees. The subdivider shall deposit with the
Village at the time of final subdivision approval a sum in accordance
with the Standard Schedule of Fees[2] for each tree required by the Planning Board as shown
on the construction plans accompanying the preliminary and final subdivision
plats. The trees shall be planted by the Village within the shade
tree easement hereinafter specified, subsequent to dedication of the
streets shown in the subdivision.
[2]
Editor's Note: The Standard Schedule of Fees
is on file in the Village Clerk-Treasurer's office.
(4)
Sanitary sewer facilities and sanitary sewer districts.
The developer shall install sanitary sewer facilities in a manner
prescribed by the agency having jurisdiction. Necessary action shall
be taken by the developer to enable the appropriate agency to extend
or create a sanitary sewer district for the purpose of providing sanitary
sewers to the subdivision where no district exists for the land to
be subdivided.
(5)
Fire hydrants and water supply districts.
(a)
Necessary action shall be taken by the developer
to enable the applicable agency to extend or create a water-supply
district for the purpose of providing fire hydrants to the subdivision.
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 subdivision
plat.
(b)
To facilitate the above, the location of all
fire hydrants and the boundary lines of the proposed district, indicating
all improvements proposed to be served, shall be shown on the preliminary
plat, and the cost of installing same shall be included in the security
to be furnished by the developer.
(6)
Fencing and guiderails. Each developer shall be required
to furnish and install all fences and guiderails wherever the Planning
Board determines that a condition warranting such fencing or guiderails
may exist. Said fences or guiderails shall be constructed according
to standards established by the Village Engineer or Superintendent
of Highways and shall be noted as to height and material on the final
plat. No certificate of occupancy shall be issued until said fence
or guiderail improvements have been duly installed.
D.
Underground utilities. All utility facilities shall
be located underground throughout the subdivision. Wherever existing
utility facilities are located aboveground, except where existing
on public roads and rights-of-way, they shall be removed and placed
underground. Underground service connections to the street right-of-way
line of each platted lot shall be installed at the developer's expense.
At the discretion of the Planning Board, the requirement for service
connections to each lot may be waived in the case of adjoining lots
to be retained in single ownership and intended to be developed for
the same primary use.
A.
Lot arrangement. The lot arrangement shall be such
that there will be no foreseeable difficulties, for reasons of topography
or other conditions, in securing building permits to build on all
lots in compliance with the Zoning Chapter and County Health Department
Regulations, and in providing driveway access to buildings on such
lots from an approved street.
B.
Access across a watercourse. Where a watercourse separates
the buildable area of a lot from the street by which it has access,
provisions shall be made for installation of a culvert or other structure
of design approved by the Village Engineer.
C.
Lot dimensions. Lot dimensions shall comply with the
minimum standards of the Zoning Chapter. Where lots are more than
double the minimum required area for the zoning district, the Planning
Board may require that such lots be arranged so as to allow further
subdivision and the opening of future streets where they would be
necessary to serve such potential lots, all in compliance with the
Zoning Chapter and these regulations.
D.
Side lot lines. In general, side lot lines shall be
at right angles to street lines (or radial to curving street lines)
unless in the opinion of the Planning Board a variation from this
rule will result in a better street or lot plan. The Planning Board
will discourage the use of small angular sections of lots that have
no useful purpose by discounting those areas in calculating minimum
lot size.
E.
Access from major and secondary roads. Lots shall
not, in general, derive access exclusively from a major or secondary
street. Where driveway access from a major or secondary street may
be necessary for several adjoining lots, the Planning Board may require
that such lots be served by a combined access drive in order to limit
possible traffic hazard on such street. Where possible, driveways
should be designed and arranged so as to avoid the necessity for vehicles
to back into streets.
F.
Corner lots. Dimensions of corner lots shall be large
enough to allow for erection of buildings, while observing the minimum
front yard setback from both streets.
G.
Water bodies. If a tract being subdivided contains
a water body, or portion thereof, the Planning Board may require that
lot lines be so drawn as to distribute the entire ownership of the
water body among the fees of adjacent lots.
H.
Lands along watercourses. Low-lying lands along watercourses
subject to flooding or overflowing during storm periods, whether or
not included in areas for dedication, shall be preserved and retained
in their natural state as drainageways.
I.
Trees. No existing trees shall be removed from any
portion of any required side yard of a subdivision created pursuant
to these regulations.
J.
Requirements for approval of flag lots.
[Added 6-21-2006 by L.L. No. 4-2006]
(1)
Each proposed flag lot shall meet the applicable standards of § 195-14C of the Zoning Law, and the buildable portion (excluding the flagpole) shall in no event be any smaller than 1 1/2 acres in size or the minimum lot area in the underlying zoning district, whichever is greater.
(2)
In addition to the foregoing requirements, the subdivider
shall demonstrate to the satisfaction of the Planning Board:
(a)
That there are no visual obstructions at the
intersection of the access point and the street.
(b)
That the relative locations of the flag lot
driveway and adjoining driveways are appropriate.
(c)
That adequate access for emergency vehicles
to the house on the flag lot is provided.
(d)
That appropriate privacy is provided to both
the flag lot and surrounding lots. Landscaping is particularly important
to visually separate the shared lot line where the front line of the
flag lot adjoins the rear line of the lot in front of it. Where existing
landscaping is insufficient, the Planning Board may require the placement
of additional landscape screening to provide a ten-foot-deep buffer
along shared property lines. In appropriate cases, the Planning Board
may also require buffering along the access strip to provide appropriate
privacy between adjoining lots.
(e)
That the home(s) are oriented at an angle to
minimize the visual impact upon any and all adjoining homes, whether
part of the subdivision or not.
(f)
That, as part of a subdivision, no more than
one parcel or lot shall be permitted to the rear of another parcel
or lot, wherein both have frontage on the same public or private street.
(g)
That all lots meet or exceed the access, the
lot area, width and environmental constraint requirements for the
zoning district in which they are situated, not including the flagpole.
A.
Recreation standards. The Planning Board shall require
that land be reserved for parks and playground or other recreation
purposes in locations designated on the Village Comprehensive Plan
or Official Map, or otherwise where such reservations would be appropriate.
Each reservation shall be of suitable size, dimension, topography
and general character, and shall have adequate road access, for the
particular purposes envisioned by the Planning Board. The area shall
be shown and marked on the plat "Reserved for Park and/or Recreation
Purposes." When recreation areas are required, the Planning Board
shall determine the area reserved and the conditions to be imposed
thereon, from the Park Reservation Local Law (L.L. No. 1 of 1988),[1] as same may be amended from time to time, of the Village
of Montebello.
[Amended 6-22-2005 by L.L. No. 4-2005]
B.
Applicability to land utilizing average density resolution.
Any subdivision plat in which the principle of average density has
been utilized, pursuant to the average density resolution of the Village
of Montebello, shall not be exempt from the provisions of this section,
except as to such portion of land which is deemed by the Planning
Board to be suitable for park, recreation and/or playground purposes,
and actually dedicated to the Village for park and recreation purposes.
If no further area, other than the area to be reserved through averaging,
is required by the Planning Board for park and/or recreation purposes,
the full fee shall be paid, as required by Village regulations. If
further land is required for reservation, apart from the land reserved
by averaging, a credit shall be given in accordance with Village regulations.
A.
Widening or realignment of existing roads. Where a
subdivision borders an existing undersize road or when the Village
Comprehensive Plan or Village or County Official Map indicates proposed
realignment or widening of a road that would require use of some of
the land in the subdivision, the subdivider may be required to show
areas for widening or realigning such roads on the plat marked "Reserved
for Road Realignment (or Widening) Purposes." It shall be mandatory
to indicate such reservation on the plat when a proposed widening
or realignment is shown on the Village, town or county Official Maps.
[Amended 6-22-2005 by L.L. No. 4-2005]
B.
Utility and drainage easements.
(1)
Where topography or other conditions are such as to
make impractical the inclusion of utilities or drainage facilities
within road rights-of-way, perpetual unobstructed easements at least
20 feet in width for such utilities or drainage facilities shall be
provided across property outside of the road lines and with satisfactory
access to the road. Easements shall be indicated on the plat. Drainage
easements shall be carried from the road to a natural watercourse
or to other drainage facilities.
(2)
When a proposed drainage system will carry water across
private land outside the subdivision, appropriate drainage rights
must be secured and indicated on the plat.
(3)
The applicant shall dedicate, either in fee or by
drainage or conservation easement, land on both sides of existing
watercourses, as shown on the Official Map, to a distance to be determined
by the Planning Board upon the recommendation of the Village Engineer.
C.
Easements for pedestrian access. The Planning Board
may require, in order to facilitate pedestrian access from roads to
schools, parks, playgrounds or other nearby roads, perpetual unobstructed
easements at least 20 feet in width. Easements shall be indicated
on the plat.
D.
Shade tree easement. The preliminary plat and final
plat shall indicate a reservation of easement authorizing the Village
to plant shade trees within five feet of the required right-of-way
of the Village.
A.
Existing features which would add value to residential
development or to the Village as a whole, such as trees, as herein
defined, watercourses and ponds, falls, cemeteries, historic areas
or sites and similar irreplaceable assets, shall be preserved in the
design of the subdivision. The Planning Board may require that any
feature to be retained be flagged, fenced, or otherwise delineated
in the field prior to any earth movement or clearance action. No trees
shall be removed from any subdivision nor any change of grade of the
land effected until the final plat has been filed. All trees on the
plat required to be retained shall be preserved, and where required,
all trees shall be welled and otherwise protected against change of
grade. The preliminary plat shall show the number and location of
existing trees, and shall further indicate all those marked for retention,
which shall be keyed to a table listing species, height, caliper and
condition as certified by a licensed landscape architect or botanist.
The public improvement security shall include the amount of $5 per
linear foot of street frontage for purposes of calculating the security
amount.
[Amended 1-21-1998 by L.L. No. 1-1998; 6-22-2005 by L.L. No.
4-2005]
B.
Self-imposed restrictions. If the owner places restrictions
on any of the land contained in the subdivision greater than those
required by the Zoning Chapter or these or other Village regulations,
such restrictions or reference thereto may be required to be indicated
on the subdivision plat, or the Planning Board may require that restrictive
covenants be recorded with the Rockland County Clerk in a form to
be approved by the Village Attorney.
C.
Subdivisions including land zoned for nonresidential
purposes. If a proposed subdivision includes land that is zoned for
nonresidential 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 the Zoning Chapter, or
otherwise for safe and convenient service access to such land.
D.
Deposit and disposition of trees, debris and waste.
No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish
or other waste materials of any kind shall be buried in any land or
left or deposited on any lot or street at the time of the issuance
of a certificate of occupancy, and removal of same shall be required
prior to issuance of any certificate of occupancy on a subdivision.
The same shall not be left or deposited in any area of the subdivision
at the time of expiration of the security or dedication of public
improvements, whichever is sooner. The security shall include an amount
for removal of such materials in the event the provisions of this
section are not met.
E.
Soil preservation and final grading. No certificate
of occupancy shall be issued until final grading has been completed
in accordance with the approved final subdivision plat and the lot
recovered with topsoil with an average depth of at least six inches
over the entire area of the lot, except that portion covered by buildings
or included in streets, or where the grade has not been changed or
natural vegetation seriously damaged. The security shall include an
amount for correction of grading and placement of topsoil. Whether
or not a certificate of occupancy has been issued, at the expiration
of the security the Village may enforce the provisions of said security
where the provisions of this section or any other applicable law,
ordinance or regulation have not been met.
F.
Where the development of proposed lots in a subdivision
presents potentially difficult site problems due to topography, wetlands,
soils, driveway gradient, site grading, existing plant materials or
other features particularly unique to the proposed lot, the Planning
Board may require site plan approval for specifically identified lots.
[Amended 6-22-2005 by L.L. No. 4-2005]
Where the Planning Board finds that, because
of special circumstances of a particular plat, extraordinary hardships
may result from strict compliance with these regulations, it may adjust
the regulations so that substantial justice may be done and the public
interest secured; provided that any such adjustment will not have
the effect of nullifying the intent and purpose of these regulations,
the Village Comprehensive Plan or the Official Map of the Village.
In granting any adjustment, the Planning Board shall attach such conditions
as are, in its judgment, necessary to secure substantially the objective
of the standards or requirements so adjusted.
