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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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%.
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.
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.
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.
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.
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.
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.
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.
Unique physical features, such as historic landmarks
and sites, rock outcroppings, hilltop lookouts, desirable natural
contours, and similar features, shall be preserved if possible.
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.
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.
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.
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.
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.
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.