PART II GENERAL LEGISLATION Chapter 175, SUBDIVISION OF LAND, ARTICLE IV, General Requirements and Design Standards

§ 175-13.  Standards to be minimum requirements.

In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article VI herein. 

§ 175-14.  General requirements for use of land. 

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 Official Map of the Village and shall be in harmony with the Comprehensive Plan. 

C.  Specifications for required improvements. All required improvements shall be constructed or installed to conform to the Village specifications which may be obtained from the Village Clerk.   

§ 175-15.  Street layout. 

A.  Width, location and construction. Streets shall be of sufficient width, suitably located, and adequately constructed to conform with the Comprehensive Plan, and to accommodate the prospective traffic and afford access for fire fighting, snow removal and other road maintenance equipment. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system. 

B.  Arrangement. 

(1)   The arrangement of streets in the subdivision shall provide for the continuation of principal streets of any adjoining subdivision, and for proper projection of principal streets into adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified. 

(2)   Subdivisions containing 20 lots or more shall have at least two street connections with existing public streets, or streets shown on the Official Map, or streets on an approved subdivision plat for which a bond has been filed.   

C.  Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged. 

D.  Special treatment along arterial streets. When a subdivision abuts or contains an existing or proposed arterial street, the Board may require marginal access streets, reverse frontage with screen planting contained in a nonaccess 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. 

E.   Provision for future resubdivision. 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 Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations. 

F.   Dead-end streets. The creation of cul-de-sac or loop residential streets will be encouraged wherever the Board finds that such type of development will not interfere with normal traffic circulation in the area. In the case of such streets, where needed or desirable, the Board may require the reservation of a twenty-foot-wide easement to provide for continuation of pedestrian traffic and utilities to the next street. 

G.  Block size. Blocks generally shall not be less than 400 feet nor more than 1,200 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet in length, the Planning Board may require the reservation of a twenty-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable, and may further specify at its discretion that a paved walk at least four feet wide be included. 

H.  Intersections with collector, major or arterial streets or roads. Minor or secondary street openings into such roads shall, in general, be at least 500 feet apart. 

I.    Street jogs. Street jogs with center line offsets of less than 125 feet shall be avoided. 

J.    Angle of intersection. In general, all streets shall join each other so that for a distance of at least 100 feet the street is approximately at right angle to the street it joins. 

K.  Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography. 

L.   Other required streets. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning Board may require a street approximately parallel to 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.  

§ 175-16.  Street design. 

A.  Widths of rights-of-way and street pavements. Streets and pavements shall have the following widths. The classification of streets shall be determined by the Board:

B.  Required street improvements. 

(1)   Not later than 90 days after the granting of final approval, the subdivider shall have installed or shall have furnished adequate bond or other security for the installation within a specified time of the required improvements listed and described in this section. All of the required improvements shall be made by the subdivider in full compliance with the specifications for each of the various units of work, as required by the Village Board, according to the nature of the improvements. All of the requirements as to subgrade, base course and final course shall be done at the developer's expense. 

(a)  Subgrade. The developer shall grade the street from street line to street line to a grade and cross section approved by the Village Board. 

(b)  Base course. After the subgrade has been properly established, there shall be placed on the roadway section a sufficient quantity of Item 4, subbase coarse select granular material in accordance with New York State Department of Transportation specifications, to result in a pavement width as shown above and a compacted thickness of 12 inches after being properly rolled with a roller weighing not less than 10 tons. 

(c)  Final course. After the base course has been properly established and rolled, an application of RT-2, New York State Specification Item 74A shall be made thereon, at a rate of 0.5 gallon per square yard. Immediately after the application of this material, clean and dry No. 1 stone shall be uniformly spread over the entire roadway surface at the rate of 35 or 40 pounds per square yard. This shall then be thoroughly compacted with a roller weighing not less than 10 tons. An application of RT-7 or RT-8 New York State Specification Item 73A then shall be made at the rate of 0.5 gallon per square yard. Immediately after this second application has been made, clean and dry No. 1 stone shall be uniformly spread over the entire area at the rate of 35 pounds per square yard. This surface shall then be thoroughly rolled with a roller weighing not less than 10 tons.   

(2)   No street shall be accepted until backfill in trenches has been in place for at least three months; where conditions warrant, the Village Board may require a longer period of time for settlement of such backfills.   

C.  Street drainage. 

(1)   Street and road culverts, headwalls, or other appurtenances shall be installed by the developer where necessary. Where there is no natural stream or watercourse for the drainage of surface water from the proposed street or road, the developer shall secure rights-of-way and construct ditches or install stormwater drains to a natural waterway or as the Village Board directs. All street storm and sanitary sewers shall be constructed according to the grades on the plat submitted at the public hearing. Any changes in grade shall require the approval of the Village Board. 

(2)   Driveway culverts shall be not less than 12 inches in diameter and 20 feet in length and shall be of corrugated metal or reinforced concrete. Installation is to be approved by the Village Board.   

D.  Utilities in streets. 

(1)   The Planning Board shall require that underground utilities be placed in the street at locations approved by the Village Board. The subdivider shall have installed underground service connections in the street to the property line of each lot within the subdivision for such required utilities before the street is paved. Installation of fire hydrants shall be in conformity with all requirements of standard thread and nut as specified by the New York Fire Insurance Rating Organization and the Division of Fire Safety of the State of New York. 

(2)   Utility poles, if used, shall be installed at locations approved by the Village Board.   

E.   Utility easements. Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least 20 feet in width shall be provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required. 

F.   Grades. 

(1)   Grades of all streets shall conform in general to the terrain and shall be not less than 0.75% nor more than 5% for major, 7% for collector, or 10% for minor streets in residential areas, but in no case more than 3% within 50 feet of any intersection. 

(2)   All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Village Board so that clear visibility shall be provided for a safe distance. 

(3)   A combination of steep grades and curves shall be avoided.   

G.  Curves and visibility at intersections. 

(1)   All street right-of-way lines at intersections shall be rounded by curves of at least 25 feet radius and curbs shall be adjusted accordingly. 

(2)   In order to provide visibility for traffic safety, that portion of any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) which is within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at 30 feet distant from the point of intersection shall be cleared of all growth (except isolated trees) and obstructions more than three feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility.   

H.  Culs-de-sac. Where cul-de-sac streets are designed to be so permanently, they should, in general, not exceed 500 feet in length, and shall terminate in a circular turnaround having a minimum right-of-way radius of 65 feet and pavement radius of 55 feet. At the end of temporary dead-end streets a temporary turnaround with a minimum pavement radius of 50 feet shall be provided, unless the Planning Board approves an alternate arrangement. 

I.    Watercourses. 

(1)   Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Village Board. 

(2)   Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Village Board, and in no case less than 20 feet in width.   

J.    Curve radii. In general, street lines within a block, deflecting from each other at any point shall be connected with an appropriate curve. 

K.  Reserve strips prohibited. Reserve strips of land, to be used to control access from the proposed subdivision to any neighboring property, or to any land within the subdivision itself shall be prohibited. 

L.   Free flow of vehicular traffic abutting commercial developments. In front of areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial use is contemplated, the street width shall be increased by such amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles, and to provide adequate and safe parking space for such commercial or business district.   

§ 175-17.  Street names.

All street names shown on a preliminary plat or subdivision plat shall be approved by the Planning Board. In general, streets shall have names and not numbers or letters. Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names except that streets which join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Generally, no street should change direction by more than 90° without a change in street name. 

§ 175-18.  Lots. 

A.  All lots shall have area and width equal to minimum requirements of the zoning regulations, if any, and local and State Department of Health regulations applying to the district in which they are located but in no case hereafter shall any lot shown on any subdivision plat have a frontage of less than 75 feet and an area of less than 10,000 square feet. 

B.  Side lines. Side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan. 

C.  Corner lots. In general, corner lots should be a minimum of 25% larger than interior lots to provide a desirable building site with proper building setback from each street. 

D.  Driveway access. Driveway grades between the street and the setback line shall not exceed 7%. 

E.   Access from private streets. Lots on private streets shall be deemed acceptable only if such streets are designed and improved in accordance with these regulations. 

F.   Monuments and lot corner markers. Permanent monuments meeting specifications approved by the Village Engineer as to size, type and installation shall be set at such block corners, angle points, points of curves in streets and other points as the Village Engineer may require, and their location shall be shown on the subdivision plat.   

§ 175-19.  Drainage improvements.

Adequate storm drainage systems shall be required in all new subdivisions. The drainage system shall be designed by a person licensed to perform such work. 

A.  Removal of spring and surface water. Any spring or surface water that may exist either previous to, or as a result of, the subdivision shall be carried away by pipe or open ditch. Such drainage facilities shall be located in the street right-of-way where feasible, or in permanent easements having a minimum width of 20 feet, and are subject to approval of the Village Engineer. 

B.  Drainage structure to accommodate potential development upstream. 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 of 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 Ordinance in the watershed. The cost of a culvert or other drainage facility in excess of that required for the particular subdivision may be deemed to be the responsibility of the Village, or may be prorated among the upstream property owners. 

C.  The subdivider shall provide for the management of stormwater quantity and quality and soil erosion and sediment control as described in Chapter 170, Stormwater Management and Erosion Control. [Amended 5-8-2007 by L.L. No. 5-2007] 

D.  Land subject to flooding. Land subject to flooding or land deemed by the Planning Board to be uninhabitable because of flooding, soil conditions, or other such hazards to person or property 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, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or improved in a manner satisfactory to the Planning Board and Village Board to remedy said hazardous conditions. 

E.   All subdividers shall present an individual lot drainage plan for each lot in their proposed subdivision. Such plan shall be used in the grading of lots before a certificate of occupancy is granted, as required by the Zoning Ordinance. No roof leaders or footing drains which carry stormwater will be permitted to use a sanitary sewer, nor a so-called dry well in an area where the dominant soil is hardpan, but shall be adequately disposed of upon the grand surface.   

§ 175-20.  Parks, open spaces and natural features. 

A.  Recreation areas. 

(1)   The Planning Board shall require that the plat show sites of a character, extent, and location suitable for the development of a park, playground, or other recreation purpose in or adjacent to the subdivision. Where a proposed park, playground or open space shown on the Village Plan is located in whole or in part in the subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified above. Such area or areas may be dedicated to the Village by the subdivider if the Village Board approves such dedication. A maximum of 10% of the area of the subdivision may be required for dedication for park, playground or other recreation purpose. 

(2)   In the event that an area suitable for a park or playground is located in the subdivision, the subdivider shall submit to the Board, prior to final approval, three prints (one on cloth) drawn in ink, showing, at a scale of not less than 30 feet to the inch, such area and the following features thereof: 

(a)  The boundaries of the said area. 

(b)  Existing features such as brooks, ponds, clusters of trees, rock outcrops and structures. 

(c)  Existing, and if applicable, proposed changes in grade and contours of the said area and of area immediately adjacent.     

B.  Waiver of plat designation of area for parks and playgrounds. 

(1)   In cases where the Planning Board finds that due to the size, topography, or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein, or, if in the opinion of the Board it is not desirable, the Board may waive the requirement that the plat show land for such purposes. The Board may then require as a condition to approval of the plat, a payment to the Village of a minimum of $200 per gross acre of land which otherwise would have been acceptable as a recreation site, as determined by the standards set forth herewith. Such area or areas may be dedicated to the Village by the subdivider if the Village Board approves such dedication. 

(2)   Such amount shall be paid to the Village Board at the time of final plat approval, and no plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Village Board in a special Village Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that is suitable for permanent park, playground or other recreational purposes; and is so located that it will serve primarily the general neighborhood in which the land covered by the plat lies; and shall be used only for park, playground or other recreational land acquisition or improvements. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the plat is situated, provided the Planning Board finds there is a need for such improvements.   

C.  Preservation of natural features. The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and falls, beaches, historic sites, vistas and similar irreplaceable assets. No tree with a diameter of eight inches or more as measured three feet above the base of the trunk shall be removed unless such tree is within the right-of-way of a street as shown on the final subdivision plat, or individual house sites and driveways. Removal of additional trees shall be subject to the approval of the Planning Board.