[Amended 6-14-2021 by L.L. No. 3-2021]
The Zoning Board of Appeals, in considering an application for the subdivision of land, shall adhere to the following considerations and standards.
A. 
Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace.
B. 
Conformity to Official Map and Comprehensive Plan. Subdivisions shall conform to the streets and parks shown on the Official Map, as may be adopted, and shall be properly related to the Comprehensive Plan, as it is developed and adopted by the Zoning Board of Appeals.
[Amended 6-14-2021 by L.L. No. 3-2021]
A. 
Streets. The following regulations shall govern the layout of streets:
(1) 
Subdivisions shall be so designed as to provide a street pattern which shall be based upon a local residential or minor street pattern connected to a residential collector street system.
(2) 
The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas, or their proper protection where adjoining land is not subdivided, at the same or greater width insofar as such may be deemed necessary for public requirements.
(3) 
When a subdivision abuts or contains an existing or proposed major arterial street, the Zoning Board of Appeals may require marginal-access streets, reverse-frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
[Amended 6-14-2021 by L.L. No. 3-2021]
(4) 
Local residential streets shall be designed so as to discourage through traffic.
(5) 
All right-of-way street widths and street pavements shall be measured at right angles or radial to the center line of the street and shall not be less than 60 feet wide.
(6) 
Whenever possible, streets should intersect at right angles and shall not intersect at angles of less than 60°, unless approved by the Zoning Board of Appeals.
[Amended 6-14-2021 by L.L. No. 3-2021]
(7) 
The grades of streets shall be in accordance with specifications established by the Village Engineer, and such grades as submitted on subdivision plats shall be approved by him prior to final approval by the Zoning Board of Appeals.
[Amended 6-14-2021 by L.L. No. 3-2021]
(8) 
All street right-of-way lines at intersections shall be rounded by curves of at least 20 feet in radius, and curbs shall be adjusted accordingly.
(9) 
All proposed subdivisions shall be designed to provide access to adjacent properties. When a proposed subdivision abuts an existing subdivision, the subdivider shall make every attempt to design the street system of the proposed subdivision to connect with dead-end or stub streets of the existing subdivision.
(10) 
The following standards shall apply to cul-de-sac streets:
(a) 
A cul-de-sac should be located, if possible, so that it drains toward its entrance.
(b) 
Unless there is the expectation of extending the street through to the adjoining property, a cul-de-sac street should never be brought to the property boundary line, but should be placed so that the lots can back on the property line of the subdivision.
(c) 
No cul-de-sac shall exceed 500 feet in length.
(d) 
All culs-de-sac shall have a turnaround at the end of the street which shall have a right-of-way radius of 60 feet and pavement radius of 50 feet.
(11) 
If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions shall be made for future extension of the street through to adjacent property and reversion of the excess right-of-way to the adjoining properties.
(12) 
New half or partial streets shall not be permitted, except that, wherever a proposed subdivision borders a half or partial street, the Zoning Board of Appeals may require that the other part of the street be platted in the proposed tract if it is found that such a requirement would increase the effectiveness of the circulation system in the area.
[Amended 6-14-2021 by L.L. No. 3-2021]
(13) 
Multiple intersections involving a junction of more than two streets shall be prohibited.
(14) 
Local residential streets and residential collector streets shall not intersect with arterial streets less than 800 feet apart, measured from center line to center line.
(15) 
The minimum distance between center-line offsets at street jogs shall be 150 feet.
(16) 
Minor or secondary street openings into collector or major arterial roads shall, in general, be at least 500 feet apart.
(17) 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
(18) 
The minimum radius of horizontal curves, minimum length of vertical curves, and minimum length of tangents between reverse curves shall be in accordance with specifications established by the Village Engineer, and said items shall be approved by him prior to final approval of the subdivision plat by the Zoning Board of Appeals.
[Amended 6-14-2021 by L.L. No. 3-2021]
(19) 
In general, street lines within a block, deflecting from each other at any one point by more than 10°, shall be connected with a curve, the radius of which, for the center line of the street, shall not be less than 400 feet on major streets, 200 feet on collector streets and 100 feet on minor streets.
(20) 
When a subdivision borders on or contains a railroad right-of-way or limited-access highway right-of-way, the Zoning Board of Appeals may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
[Amended 6-14-2021 by L.L. No. 3-2021]
B. 
Lots. The following regulations shall govern the layout of lots:
(1) 
The lot size, width, depth, shape, orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
(2) 
All lots shown on the subdivision plat must conform to the minimum requirements of Chapter 245, Zoning, as to area and dimensions for the district in which the subdivision is located. In accordance with § 7-738 of the Village Law, the Zoning Board of Appeals is hereby empowered to modify lot sizes pursuant to the conditions set forth in § 7-738 of the Village Law, subject to final approval by the Board of Trustees.
[Amended 6-14-2021 by L.L. No. 3-2021]
(3) 
Each lot shall abut on a street built to the Village's specification.
(4) 
Corner lots shall have extra width sufficient for maintenance of required building lines on both streets, as required by Chapter 245, Zoning.
(5) 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
(6) 
Side lines of lots shall be at right angles to straight streets and radial to curved streets.
(7) 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions, or similar circumstances, the Zoning Board of Appeals may, after adequate investigation, require modification of such lots.
[Amended 6-14-2021 by L.L. No. 3-2021]
(8) 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required in the area by Chapter 245, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
(9) 
Blocks intended for commercial or industrial use shall be designed specifically for such purposes, with adequate space set aside for off-street parking and delivery facilities.
(10) 
Double-frontage lots will not, in general, be approved.
(11) 
The lot arrangement shall be such that, in constructing a building in compliance with Chapter 245, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
(12) 
Driveway access and grades shall conform to specifications as established by the Village Engineer and on file in the Village Clerk's office. Driveway grades between the pavement and setback line shall not exceed 10%.
(13) 
Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Zoning Board of Appeals may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in this chapter.
[Amended 6-14-2021 by L.L. No. 3-2021]
C. 
Easements. An easement shall be provided for all natural drainageways and all utility lines when such utility line or lines do not fall within a dedicated right-of-way. All easements shall be plotted on the preliminary plat and subdivision plat. A clause shall be inserted in the deed of each lot affected by an easement indicating that the easement exists and its purpose. Except as further required in this section, easements shall have a minimum width of 10 feet. Where a subdivision is traversed by a drainageway, channel, or stream, a drainageway easement conforming substantially with the lines of such watercourse shall be provided. The easement shall be 20 feet wide or such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance. Where it is found that additional easement width is needed, such width shall be determined by the Zoning Board of Appeals in consultation with the Village Engineer. To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines. All utility lines which are primarily intended to provide service to the lots within the subdivision shall be installed underground at a depth and at such locations as will minimize risk of interruption of services. A five-foot easement running parallel with and contiguous to all street and highway rights-of-way shall be provided to the Village, granting the Village the right to protect, plant, prune, spray, remove, control, regulate and improve shrubbery and shade trees thereon.
[Amended 6-14-2021 by L.L. No. 3-2021]
D. 
Landscaping and ground cover.
(1) 
All lot areas which are not covered by structures or paving shall be properly seeded by the developer.
(2) 
The developer shall provide a liberal and functional landscaping scheme for the entire subdivision. Each lot shall be provided with a minimum of two trees, which shall be in addition to the street shade trees. This requirement may be waived by the Zoning Board of Appeals in wooded areas where the subdivider intends to maintain existing trees.
[Amended 6-14-2021 by L.L. No. 3-2021]
(3) 
Individual homeowners may, by written agreement with the subdivider and builder, seed and landscape their yards independently.
(4) 
When a proposed subdivision borders upon an existing commercial or industrial establishment or any other use which, in the opinion of the Zoning Board of Appeals, may be visually detrimental to the tranquility of the future residents of the subdivision, the Zoning Board of Appeals may require a landscape screen to buffer the subdivision from the visually noncompatible use.
[Amended 6-14-2021 by L.L. No. 3-2021]
E. 
Preservation of natural features.
(1) 
Topsoil moved during the course of construction shall be redistributed so as to cover all areas of the subdivision and shall be stabilized by seeding or planting. At no time shall topsoil be removed from the site without written permission from the Zoning Board of Appeals. There shall be a minimum of six inches of topsoil redistributed over all leach beds or fields.
[Amended 6-14-2021 by L.L. No. 3-2021]
(2) 
To the fullest extent possible, all existing trees and shrubbery shall be conserved by the subdivider. Special consideration shall be given to the arrangement and ultimate improvement or development of the lots to this end. Precautions shall also be taken to protect existing trees and shrubbery during the process of grading the lots and roads. Where there is a question as to the desirability of removing a group of trees, which serve to add interest and variety to the proposed subdivision, in order to allow for use of the land for a lot or lots, the Zoning Board of Appeals may, after proper investigation, require modification of such lots. Where any land other than that included in public rights-of-way is to be dedicated to the public use, the developer shall not remove any trees from the site without written permission from the Zoning Board of Appeals.
[Amended 6-14-2021 by L.L. No. 3-2021]
(3) 
Where a subdivision is traversed by a natural lake, pond, or stream, the boundaries or alignment of said watercourse shall be preserved unless, in the opinion of the Zoning Board of Appeals, a change or realignment will enhance the development and beauty of the subdivision or the utilization of such features by the future residents of the subdivision. All proposed changes in watercourse alignment shall be in accordance with the Environmental Conservation Law.
[Amended 6-14-2021 by L.L. No. 3-2021]
(4) 
Unique physical features, such as historic landmarks and sites, rock outcroppings, hilltop lookouts, desirable natural contours, and similar features, shall be preserved if possible.
(5) 
The subdivider shall not be permitted to leave any surface depressions which will collect pools of water.
(6) 
The subdivider shall not be permitted to leave any hills or mounds of dirt around the tract. All surfaces shall be restored within six months of the time of the completion of the section of the subdivision.
F. 
Floodplains.
(1) 
Mapping. If any portion of the land within the subdivision is subject to inundation or flood hazard by stormwater, such fact and portion shall be clearly indicated on the preliminary plat and the prominent note on each sheet of such map whereon any such portion shall be shown.
(2) 
Use. Land subject to flooding and land deemed by the Zoning Board of Appeals to be otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life, or property or aggravate the flood hazard.
[Amended 6-14-2021 by L.L. No. 3-2021]
G. 
Drainage improvements.
[Amended 12-28-2007 by L.L. No. 4-2007]
(1) 
The subdivider may be required by the Zoning Board of Appeals 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. Such drainage facilities shall be located in the street right-of-way where feasible, or in peripheral unobstructed easements of appropriate width. Such drainage facilities shall comply with any stormwater pollution prevention plan approved by the Village for the subdivision.
[Amended 6-14-2021 by L.L. No. 3-2021]
(2) 
A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire drainage area, whether inside or outside the subdivision. The Village Engineer shall approve the design and size of facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by the Zoning Law[1] in the watershed. Notwithstanding the foregoing, if a stormwater pollution prevention plan is required for the proposed subdivision under Chapter 191 of this Code, then culverts and other drainage facilities shall comply with the performance and design criteria and standards set forth in Chapter 191 of this Code.
[1]
Editor's Note: See Ch. 245, Zoning.
(3) 
The subdivider’s engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision; this study shall be reviewed by the Village Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a five-year storm, the Zoning Board of Appeals shall notify the Village Board of such potential condition. In such case, the Zoning Board of Appeals shall not approve the subdivision until provision has been made for the improvement of said condition. Notwithstanding the foregoing, if a stormwater pollution prevention plan is required for the proposed subdivision under Chapter 191 of this Code, then drainage facilities shall comply with the performance and design criteria and standards set forth in Chapter 191 of this Code.
[Amended 6-14-2021 by L.L. No. 3-2021]