Cayuga Heights Village
City Zoning Code
City Zoning Code
ARTICLE XVIII
Subdivisions
§ 305-120 Purpose.
The purpose of this article is to specify planning guidelines and infrastructure design standards for subdivisions in the Village of Cayuga Heights and to provide for review of subdivision applications for the purpose of preserving and enhancing neighborhood character, achieving compatibility with adjacent development and uses, mitigating potentially negative impacts on traffic, parking, and stormwater management, and promoting environmental sustainability in new development, redevelopment, and long-term planning. This article is intended to ensure that the subdivision of land shall be planned and designed to include, but not be limited to, the following objectives:
A.
Conformity with the requirements of this chapter for the zoning district in which the land is located;
B.
Avoidance of an undue burden on the Village's infrastructure;
C.
The installation of high-quality improvements and infrastructure in compliance with standards and specifications established by the Village;
D.
Provision of safe and convenient vehicular, bicycle and pedestrian circulation;
E.
Provision of space for recreation and other public use;
F.
Protection of natural resources;
G.
Recording of plats depicting the subdivision of lots and improvements to be constructed;
H.
Coordination with the requirements of county, state, and federal statutes;
I.
Consistency with the objectives of the Village's Comprehensive Plan.
§ 305-121 Planning Board authorization to review subdivisions.
A.
The Planning Board of the Village of Cayuga Heights is authorized to review subdivision proposals for land located in the Village in accordance with the objectives set forth in § 305-120, the planning guidelines and infrastructure design standards set forth in § 305-123, and the subdivision plan review procedures set forth in § 305-124 and following such review, the Planning Board shall either approve, approve with conditions, or disapprove proposed subdivision plats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
If the Planning Board has determined that any requirement of this Article XVIII is not required to be satisfied in the interest of the public health, safety or general welfare or is found to be inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision, the Planning Board has authority to waive such requirement, and such waiver shall be subject to such conditions as the Planning Board determines to impose.
§ 305-122 Major and minor subdivisions.
A.
In any zoning district, a minor subdivision is one in which a landowner intends to subdivide land such that as a result of the subdivision the land is divided into not more than three lots.
B.
In any zoning district, a major subdivision is one in which a landowner intends to subdivide land such that as a result of the subdivision the land is divided into more than three lots.
§ 305-123 Guidelines and standards.
The Planning Board, in considering an application for the subdivision of land, shall be guided by the following planning guidelines and infrastructure design standards for both major and minor subdivisions, except as noted otherwise.
A.
Streets, for major subdivisions only.
(1)
Roadway networks shall balance efficiency and connectivity with preserving neighborhood character.
(2)
Overall street length shall be minimized.
(3)
Sight distances shall be consistent with probable traffic speed, terrain, alignments, and climatic extremes.
(4)
Street layouts shall be planned to avoid excessive runoff concentration.
(5)
Street alignments shall relate to the natural contours of the site so as to minimize grading.
(6)
Informational signs shall be unobtrusive and not compete with traffic control signs for driver attention.
(7)
All buildings shall be made accessible by emergency and service vehicles.
(8)
Vehicular, bicycle, and pedestrian traffic shall be separated to the extent feasible by implementation of "complete streets" concepts.
(9)
Traffic calming measures shall be used where needed.
(10)
Construction shall be in accordance with Village specifications or as approved by the Village Engineer.
B.
Blocks, for major subdivisions only.
(1)
Area and shape. No specific rule concerning the area and shape of blocks is made, but blocks shall fit readily into the overall subdivision plan and their design shall consider the following:
(a)
Street and neighborhood connectivity;
(b)
Provision of building sites suitable to the needs of the type of use contemplated;
(c)
Zoning requirements for lot area, lot coverage, street frontage and setback dimensions;
(d)
Safety of vehicular, bicycle, and pedestrian traffic;
(e)
Adequate provision of off-street parking;
(f)
Limitations of topography;
(g)
Allowance for natural features such as wetlands and watercourses.
(2)
Blocks framed by culs-de-sac and loop streets are discouraged, but may be acceptable when properly designed, including adequate off-street parking, facilities for pedestrian access from streets to all lots, and proper easements for utility lines, as determined by the Planning Board.
(3)
Blocks over 800 feet in length may be required by the Planning Board to have a crosswalk at their approximate centers to facilitate pedestrian circulation to a school, park, recreation area, shopping center, or other neighborhood destinations.
C.
Lots, for major and minor subdivisions.
(1)
Size. All lots shall meet the lot area, lot coverage, street frontage and setback requirements of the zoning district in which the lot is located. In calculating minimum lot area and lot coverage, wetlands that cover 1/4 acre or more, water bodies, FEMA-designated floodplains or areas subject to chronic flooding, slopes having a grade of 25% or more that cover 2,000 square feet or more of contiguous sloped area, and lands currently under conservation easement shall be excluded from such calculations.
(2)
Shape. Lots shall be so far as possible regular and symmetrical. Side lines of lots shall be substantially at right angles to straight street lines and radial to curved street lines with radial corners on the property line substantially concentric with street curb radius corners. The following formulae may be used to determine that the irregular shape of a proposed lot is not acceptable:
(a)
A lot will not be acceptable in shape when (16 by lot area)/(the square of the lot perimeter) is less than four-tenths (0.4); and
[Amended 10-21-2019 by L.L. No. 5-2019]
(b)
A lot will not be acceptable in shape when (the square of the lot perimeter)/(lot area) is greater than 22.
(3)
Access. All lots shall have adequate access to an existing public street or to a subdivision street.
(4)
Flag lots, which are lots isolated from the street with either road frontage less than 75 contiguous feet or no road frontage and access provided by easement, are discouraged except in cases where the Planning Board determines that, because of environmental, design, or other constraints, subdivision otherwise would not be feasible.
(5)
Clustered development for major subdivisions is permitted if the arrangement of lots results in a greater area of open space than would result from traditional subdivision of the land, said open space to be contained in a separate open space lot protected from development by a conservation easement or deed restriction.
D.
Driveways, for major and minor subdivisions.
(1)
The maximum grade for any new driveway shall be 10%, except in cases that the Planning Board determines that, because of physical constraints affecting a particular lot, an increase in driveway grade should be permitted, provided the increase is the minimum increase required and the driveway grade does not exceed 15%.
(2)
Clear visibility shall be provided in all directions at all exit points so that the driver of an automobile stopped at the exit point of any driveway will have an unobstructed view of the street for a distance commensurate with the speed and volume of traffic on such street and so that there is a similar view from the street of the automobile in the driveway.
(3)
Shared driveways and shared curb cuts by two adjacent lots may be permitted where appropriate to minimize impervious surface and maximize green space.
E.
Sidewalks, for major subdivisions only.
(1)
Safe and convenient pedestrian circulation within the subdivision and between the subdivision and surrounding areas shall be provided.
(2)
Sidewalks shall be installed on at least one side of all existing streets bounding the subdivision property and all proposed streets within the subdivision unless waived by the Planning Board.
(3)
Sidewalks shall be of a width as required to meet Village standards and specifications or as approved by the Planning Board.
(4)
Sidewalk routes shall have minimum change in elevation throughout their lengths.
(5)
All required ramps and curb cuts shall be compliant with the Americans with Disabilities Act (ADA).
(6)
Potential pedestrian, bicycle, and vehicular conflicts shall be minimized.
F.
Utilities, for major and minor subdivisions.
(1)
For major subdivisions only, all utilities, including electrical, cable TV, fiber optic and telephone lines, shall be placed underground where practicable throughout the subdivision.
(2)
Suitable easements shall be provided to the Village for any utility service, including water, sewer and stormwater drainage, as determined by the Village Engineer. Easements for water and sewer lines shall be established so as to provide continuity of alignment from existing lines into the subdivision.
(3)
Stormwater. All street side stormwater ditching and piping shall be in accordance with Village specifications or as approved by the Village Engineer.
(4)
Sewers. Any building that has sanitary facilities, or includes a dwelling unit, must be connected to the Village's sanitary sewer system. All sanitary sewers and laterals must be installed before a street is improved and construction shall be in accordance with Village specifications or as approved by the Village Engineer.
(5)
Water distribution. Waterline types and installation shall be in accordance with Village specifications or as approved by the Village Engineer. Waterline size shall be a minimum of eight inches and on a grid system or interconnected wherever possible, based on generally accepted engineering practices for required fire flow.
(6)
Fire hydrants. Hydrants shall be located a maximum of 500 feet apart. Hydrant type and installation shall be in accordance with Village specifications and approved by the Village Engineer and the Village's Fire Chief.
(7)
Streetlighting. Lighting shall be provided along streets and walkways adequate for community safety needs and shall be Dark Sky compliant according to the specifications of the International Dark Sky Association (IDA). Location of streetlighting shall be approved by the Village Engineer and the Village's Chief of Police.
[Amended 10-21-2019 by L.L. No. 5-2019]
G.
Landscaping, for major subdivisions only.
(1)
Public streets. A detailed planting and landscaping plan shall be submitted for all areas within the public right-of-way and approved by the Planning Board as a part of the preliminary subdivision approval process.
(2)
Private streets. A landscape plan shall be submitted for the area within 10 feet from the edge of pavement along private streets and approved by the Planning Board as a part of the preliminary subdivision approval process. The owner of such area shall be responsible for all planting, maintenance, and necessary replacement.
H.
Street trees, for major subdivisions only.
[Amended 10-21-2019 by L.L. No. 5-2019; 6-17-2021 by L.L. No. 2-2021]
(1)
The issuance of each building permit for building improvements on lots adjacent to a public street shall be subject to planting one tree per 40 feet of street frontage.
(2)
Tree and planting specifications shall comply with standards set by the Village's Street Tree Advisory Committee.
(3)
All trees will be subject to inspection by the Village Forester at the time of planting.
§ 305-124 Subdivision review procedures.
The following procedures apply to both major and minor subdivisions except as noted otherwise.
A.
Prior to the filing of an application for subdivision review, the applicant for a proposed subdivision of land shall have a preapplication discussion with the Zoning Officer, at which time the applicant shall present, in sketch form, the proposed layout of streets, lots, and other features and information necessary to explain and/or supplement the sketch layout.
[Amended 6-17-2021 by L.L. No. 2-2021]
(1)
No living trees with a trunk diameter at breast height (DBH) of six inches or greater shall be removed from the area subject to subdivision review prior to the Planning Board's issuance of subdivision approval, unless such removal has been approved by the Planning Board after consultation with the Village Forester.
B.
Filing. Subsequent to the pre-application discussion, an applicant for a proposed subdivision shall file with the Zoning Officer a subdivision plat conforming to the requirements of § 305-125, together with an application fee as determined by the current fee schedule approved by the Village's Board of Trustees.
C.
Within a reasonable time of receipt of an application for subdivision review, the Planning Board shall schedule consideration of the application at its next subsequent regularly scheduled meeting.
D.
At the meeting referenced in § 305-124C, the Planning Board shall conduct a preliminary review of the application and, if the application is deemed complete and accepted by the Planning Board for further review, schedule a public hearing on the application within 62 calendar days.
E.
Public hearing. Prior to rendering any decision on any subdivision application, the Planning Board shall conduct a public hearing in accordance with the provisions of § 305-118E.
F.
Coordination and consultation. Proposed subdivisions may also be reviewed by the Village's Chief of Police and Fire Chief, and any other Village officials or consultants deemed appropriate by the Planning Board. Any comments from these persons shall be delivered, in writing, to the Planning Board to aid its decision on the application.
G.
Planning Board action.
(1)
Minor subdivisions.
(a)
Within 62 calendar days of the closing of the public hearing, the Planning Board shall approve, approve with conditions, or disapprove the subdivision plat submitted for review after considering the objectives set forth in § 305-120 and the planning guidelines and infrastructure design standards set forth in § 305-123. If the Planning Board has approved the subdivision plat with conditions, such conditions must be satisfied prior to issuance of a building permit or a certificate of occupancy, as the case may be, as stated in such conditions. An approved subdivision plat will be signed by the Planning Board Chairperson or, in the Chairperson's absence, such other person who has been authorized by the Planning Board to sign the plat. After the Planning Board has approved the subdivision plat, and it has been signed by the Chairperson (or such other authorized person), the applicant shall obtain the approval and signature of the Tompkins County Assessment Department, and the applicant shall file one copy of the fully signed plat with the Village Clerk and one copy with the Tompkins County Clerk. The applicant shall file the approved plat with the County Clerk within 180 calendar days of the signing of the plat on behalf of the Planning Board, and the applicant shall deliver a copy of the County Clerk's filing receipt to the Village upon such filing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
The conditions for any conditional plat approval shall be stated on the final plat that is signed on behalf of the Planning Board.
(2)
Major subdivisions.
(a)
Within 62 calendar days of the closing of the public hearing, the Planning Board shall approve, approve with conditions, or disapprove the preliminary subdivision plat submitted for review after considering the objectives set forth in § 305-120 and the planning guidelines and infrastructure design standards set forth in § 305-123.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Within six months of the approval of the preliminary plat, the applicant shall submit to the Planning Board for review the final plat incorporating any modifications required by the Planning Board at the preliminary plat stage. If the applicant fails to submit a final plat to the Planning Board in this time period, approval of the preliminary plat may be revoked by the Planning Board.
(c)
Upon submission to the Zoning Officer by the applicant of a complete final plat, the Planning Board shall have 62 calendar days to approve, approve with conditions, or disapprove the final plat submitted for review.
(d)
Notwithstanding the foregoing terms of Subsection G(2)(c), if significant changes have been made between the preliminary and final plats or the final plat is not in substantial agreement with the approved preliminary plat, the Planning Board shall conduct a new public hearing and make a new determination of significance under SEQRA, in which event the Planning Board shall have 62 calendar days from the close of the public hearing to approve, approve with conditions, or disapprove the final plat submitted for review.
(e)
If the Planning Board has approved the final subdivision plat with conditions, such conditions must be satisfied prior to issuance of a building permit or a certificate of occupancy, as the case may be, as stated in such conditions. An approved subdivision plat will be signed by the Planning Board Chairperson or, in the Chairperson's absence, such other person who has been authorized by the Planning Board to sign the plat. After the Planning Board has approved the subdivision plat, and it has been signed by the Chairperson (or such other authorized person), the applicant shall obtain the approval and signature of the Tompkins County Assessment Department, and the applicant shall file one copy of the fully signed plat with the Village Clerk and one copy with the Tompkins County Clerk. The applicant shall file the approved plat with the County Clerk within 62 calendar days of the signing of the plat on behalf of the Planning Board, and the applicant shall deliver a copy of the County Clerk's filing receipt to the Village upon such filing.
(f)
The conditions for any conditional plat approval shall be stated on the final plat that is signed on behalf of the Planning Board.
H.
Changes to approved subdivision plat. Proposed changes to an approved subdivision plat must be submitted to the Zoning Officer for review to determine whether the effect of the proposed changes warrants reconsideration by the Planning Board of the subdivision plat. The Zoning Officer shall make one of the following determinations:
(1)
That the changes are not significant and do not affect the approval of the subdivision plat;
(2)
That the changes are significant and require the Planning Board to reconsider its subdivision approval; or
(3)
That the changes are significant and require the applicant to submit a new subdivision application for the Planning Board to undertake a new subdivision review.
I.
Variances. For subdivisions that require both a variance and subdivision approval, the Planning Board will act as lead agency for both actions in any environmental review required in accordance with the State Environmental Quality Review Act (SEQRA). The Zoning Board of Appeals cannot grant a variance until the Planning Board has completed the environmental review.
J.
Stormwater pollution prevention plans (SWPPPs). All stormwater pollution prevention plans must be approved by the Village's Stormwater Management Officer in accordance with Chapter 235, Stormwater Management, of the Village Code before the Planning Board will grant subdivision approval.
K.
Extension of deadlines. All deadlines for decisions on a subdivision application may be extended upon mutual agreement between the Planning Board and the applicant after determining that the plat remains in compliance with all regulations of this article and with any conditions stipulated by the Planning Board.
§ 305-125 Subdivision plat requirements.
A.
For both minor and major subdivisions, the applicant shall submit to the Zoning Officer a subdivision plat containing the following information:
(1)
A subdivision plat prepared and certified by a licensed engineer or land surveyor drawn to scale and showing the following:
(a)
The boundary lines of the property, date, North point, map scale, the names of all adjacent streets, and the name and address of record owner;
(b)
The proposed boundary lines, width, depth, and area of each proposed lot;
(c)
The location of existing or proposed buildings, streets, sidewalks, walkways, driveways, parking areas, easements, trees in excess of four inches trunk diameter at breast height (DBH), landscaping, exterior lighting, and signs;
(d)
Existing natural features, including topography, streams, water bodies, wetlands, ditches, tree masses, and other significant aspects of the environment;
(2)
A written statement containing the following information:
(a)
The nature of and reason for the proposed subdivision;
(b)
A description outlining how the proposed subdivision satisfies the guidelines set forth in § 305-120.
(3)
Such other information as reasonably required by the Zoning Officer.
B.
For major subdivisions, the applicant also shall submit to the Zoning Officer the following documents and information:
(1)
A vicinity map showing the general location of the subdivision;
(2)
CAD-based drawings showing the following:
(a)
The location of existing and proposed utilities, site improvements, and structures on site and within 50 feet of properties adjoining the site, including water, sanitary sewer with laterals and connection points, lighting, and any existing and/or proposed easements;
(b)
Setbacks for front, side, and rear yards;
(c)
The location of parking spaces and areas, including designated handicapped spaces with computations indicating how the number of spaces provided was determined and meets zoning requirements;
(d)
A grading and drainage plan showing the limits of clearing and grading, existing and proposed two-foot contours extending 50 feet into properties adjoining the site, the existing storm sewer system, any proposed storm sewer improvements and drainage facilities showing inverts, laterals, connection points, the length, type, and slope of pipe, the gross area to be covered with impermeable surfaces, and the percentage of all area to be covered with impermeable surfaces;
(e)
A landscaping plan, including the location, type, and number of proposed plants;
(f)
A lighting and photometric plan showing the location of existing and/or proposed exterior lighting with cut sheets for lighting fixtures;
(3)
Architectural drawings showing:
(a)
Exterior elevations and interior dimensions; and
(b)
Improvements to be provided in the subdivision, such as benches, bus stops and signage, as needed depending upon the project.
(4)
CAD-based drawings shall be legibly drawn and plotted at a scale of not more than 100 feet to the inch, submitted on uniform size sheets not larger than 36 inches by 48 inches, and shall indicate the following: the proposed subdivision name or identifying title; the words "Village of Cayuga Heights, Tompkins County, New York"; the name and address and seal of the licensed engineer or land surveyor responsible for the plat; and the date, approximate true North point, and graphic scale.