Geneso Village City Zoning Code
ARTICLE XIII
Subdivision of Land
§ 130-96 General provisions.
A.
Authority. The Planning Board of the Village of Geneseo, New York, has the power and authority to approve plans for the subdivision of land within its limits by virtue of a resolution adopted by the Village Board on the sixth day of October 1958, pursuant to the provisions of § 179K, Chapter 64, of the Consolidated Village Law, Article VIA, as amended, and now recodified as § 7-728. The Planning Board may also, by authority of this article, approve the development of plats, entirely or partially undeveloped, which were filed in the office of the County Clerk prior to the appointment of such Planning Board and the grant to such Board of the power to approve plats.
B.
Compliance required; applicability.
(1)
No subdivision of any lot, tract or parcel of land shall be effected and no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use and travel or for the common use of -occupants of buildings abutting thereon except in strict accordance with the provisions of this article.
(2)
All plans for subdivisions shall be submitted to the Planning Board and approved by it before they shall be recorded.
(3)
The provisions contained herein shall apply to all land within the incorporated area of the Village.
C.
Purpose. This article has been adopted for the purpose of providing for the future growth and development of the Village and for the purpose of affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of the population of the Village.
D.
Title. This article shall be known and may be cited as the "Village of Geneseo Subdivision Regulations."
§ 130-97 Design standards.
A.
Establishment; applicability.
(1)
The design standards and requirements outlined in this article will be applied by the Planning Board in evaluating plans for all proposed subdivisions.
(2)
The Design Criteria and Construction Specifications of the Village of Geneseo are adopted herein by reference and shall establish the standard for subdivision design and construction.
(3)
The following general design standards shall also be used by the Board to evaluate the appropriate design of subdivisions. These standards are intended to be consistent with the Design Criteria and Construction Specifications; if in conflict, the more specific standards of the Design Criteria and Construction Specifications shall apply.
(4)
Within the MU-2 District, whenever the requirements of this article vary from the requirements of the Design Standards found in § 130-36, the most restrictive or those imposing the higher standards shall govern.
B.
General standards.
(1)
Land requirements. Land shall be suited to the purpose for which it is to be subdivided. Land subjected to periodic flooding or other hazards to life, health or property shall not be subdivided unless adequate safeguards against such hazards are provided by the plan and approved by the Planning Board.
(2)
Comprehensive Plan and Official Map requirements.
(a)
The layout of the proposed subdivision shall be in general conformity with the features or developments proposed in the adopted Comprehensive Plan and the Official Map.
(b)
The Planning Board will consider the adequacy of the existing or proposed community facilities to serve the uses proposed in the subdivision. Where a proposed park, playground, school or other public use shown in the Comprehensive Plan is located in whole or in part in a subdivision, the Planning Board may require the dedication or reservation of such area as may be deemed reasonable. Areas provided or reserved for such community facilities should be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed.
(3)
On-lot sewage and water supply. Where either or both water supply and sanitary sewage disposal are provided by individual on-lot facilities and evidence indicates that the requirements of this Chapter 130, Zoning, are not adequate, the Planning Board may require tests, in accordance with the rules and regulations of the State Health Department undertaken at the expense of the developer, to determine the adequacy of the proposed lot size and existing grade and soil conditions. In all such cases where the tests indicate a larger lot size to be necessary, the Planning Board may employ the services of a registered and qualified independent sanitary engineer for advice as to the minimum lot size and/or facilities necessary to prevent unsanitary conditions and hazards to the public health. In such cases, the cost of retaining the services of a qualified engineer shall be borne by the developer.
(4)
Easements.
(a)
Easements shall be provided for all utilities of a width necessary for installation, repair and/or replacement of said utility. The depth, type, size and location of a utility in addition to soil conditions will be considered when establishing an easement width, as required in the Design Criteria for utilities.
(b)
To the fullest extent possible, easements shall be centered or adjacent to rear or side lot lines.
(c)
No structure shall have its foundation built less than five feet from any easement line.
(d)
Where a development is traversed by a watercourse, the applicant shall provide to the Village at no cost a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage and maintain the same.
(5)
Blocks.
(a)
The length, width and shape of blocks shall be determined with due regard to the following:
[1]
Provisions of adequate sites for buildings of the type proposed.
[2]
Zoning requirements.
[3]
Topography.
[4]
Requirements for safe and convenient vehicular and pedestrian circulation.
(b)
Pedestrian interior walks may be required to assist circulation or provide access to community facilities in blocks over 1,000 feet or to provide pedestrian walkway continuity within a given subdivision. Such crosswalks shall have a width of not less than 10 feet and a paved walk of not less than five feet.
(6)
Storm drainage. Lots shall be laid out to encourage positive drainage away from proposed building areas, and wherever desirable, natural drainage courses shall be maintained. Storm drainage improvements shall be designed in accordance with the Design Criteria and Construction Specifications.
(7)
Design standards for streets.
(a)
Street right-of-way widths. Minimum right-of-way widths for all proposed streets shall conform to the requirements set forth in the Design Criteria.
(b)
Geometric standards. Geometric design standards for all proposed streets shall conform to the requirements set forth in the Design Criteria.
(8)
Street system layout.
(a)
Proposed streets shall be properly related to such street plans or parts thereof as have been officially prepared and adopted by the Village, and they shall further conform to such county and state road and highway plans as have been prepared, adopted and/or filed as prescribed by law.
(b)
Street systems shall be designed with due regard to the needs for convenient traffic access and circulation; traffic control and safety; access for fire-fighting, snow removal and street maintenance equipment; and stormwater drainage and sewage disposal. Streets shall be designed to accommodate the prospective traffic and so arranged so as to separate through traffic from neighborhood traffic insofar as it is practicable.
(c)
Where a site is not directly served by a roadway or where an existing roadway is inadequate to accommodate the project, construction or improvement of roads not directly adjacent to the proposed project may be required of the applicant by the Village in order to provide sufficient access. The quantity of improvements required shall be based on the needs of the project. Sufficiency shall be determined by the Design Criteria and Construction Specifications.
(d)
Where a subdivision abuts on or contains an existing or proposed arterial street, the Planning Board may require necessary realignment and widening of the right-of-way in accordance with county, Village or state standards and to the satisfaction of the Village Engineer. Frontage roads or parallel access roads may be required to eliminate direct access to arterial roads.
(e)
The proposed street layout shall provide for the continuation or projection of existing streets in the surrounding area unless the Planning Board deems such extension(s) are not possible or reasonable for specific reasons of topography or design. See § 130-97C(5) for cul-de-sac design standards.
(f)
Streets shall be logically related to the topography to produce usable lots and reasonable grades.
(g)
Where necessary to join with existing roads, to allow for future circulation or to obtain access to publicly owned lands, roads shall be extended to the outside boundaries of the subdivision.
(h)
Adequate street rights-of-way shall be provided as necessary where lots in the proposal are large enough to permit resubdivision or if a portion of the tract is not subdivided.
(i)
Wherever a tract to be subdivided borders an existing half or partial street, the other part of the street shall be plotted within such tract.
(j)
Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts or when designed as culs-de-sac to serve residential areas. See § 130-97C(5) for cul-de-sac design standards.
(k)
Where a subdivision contains or abuts an existing or proposed railroad right-of-way, utility easement or controlled access highway, the Planning Board may require a street approximately parallel to and on either side of such right-of-way, at a distance suitable for the appropriate use of the intervening lands. Appropriate uses to consider are parkland with residential districts on for business, commercial or industrial purpose in appropriate zoning districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separation.
(l)
Half streets shall be prohibited; however, the sharing of access between two adjacent parcels is encouraged.
(m)
Reserve strips shall be prohibited except where controlled by the Village. However, the Planning Board may require the reservation of an easement 30 feet wide for pedestrian traffic or utilities.
(n)
Where a street does not extend to the boundary of the subdivision and its continuation is not needed for access to adjoining property, it shall be separated from such boundary by a distance sufficient to accommodate a lot meeting the requirements of the Zoning Ordinance.
(o)
For greater convenience to traffic and more effective police and fire protection, the length of permanent dead-end streets shall generally be no longer than 500 feet, or five times the minimum lot width for the zoning district, such length to be measured to the center point of the cul-de-sac.
(p)
Driveway access and grades shall be such that exiting and entering vehicles pose no threat to vehicles on the roadway. Driveway intersection design and grades shall be established by the Design Criteria and Construction Specifications.
(9)
Street intersections.
(a)
Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 75°.
(b)
Multiple intersections involving the junction of more than two streets shall be avoided. Where this proves impossible, such intersections shall be designed with extreme care for both pedestrian and vehicular safety.
(c)
All property corners at street intersections shall be rounded with a radius of 20 feet or have comparable cutoffs or chords, as the Planning Board sees fit. Within triangular areas formed by the intersecting street lines, for a distance of 75 feet from their intersection, and the diagonals connecting the end points of these lines, visibility for traffic safety shall be provided by exclusions of plantings or structures and regrading as necessary.
(d)
To the fullest extent possible, intersections with arterial streets shall be located not less than 1,000 feet apart, measured from center line to center line. Separation between access connections, or driveways to private development, are subject to the provisions of § 130-42D.
(e)
Local streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum offset of 150 feet, except for collector or arterial streets, which shall have a minimum center line offset of 800 feet.
(f)
Minimum curb radii at street intersections shall be 30 feet for intersections involving only local streets and may be enlarged according to the Design Criteria depending upon the classification of intersecting streets.
(g)
Minimum right-of-way radii at street intersections shall be 20 feet for all intersections.
(h)
Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width in conformance with the Design Criteria and Construction Specifications will be required.
(i)
Grades within the intersection should not exceed 1%, while they should not exceed 1 1/2% for a distance of 50 feet from the intersection. From 50 feet to 100 feet, the grades should not exceed 3%, and in no case shall they exceed 5%.
(10)
Traffic safety. Traffic signs and safety devices shall be provided and installed in accordance with the Design Criteria and Construction Specifications. Clearance of obstacles to vision at the intersections, provisions of merging tapers, channelization, signalization, pullovers and turning areas, fire lanes and school bus stopping areas shall be provided where required by the Planning Board.
(11)
Park and recreation requirements.
(a)
Unless specifically waived by the Planning Board or unless otherwise provided by Subsection B(11)(b) below, parklands suitably located for playground or other recreational purposes, of a size sufficient to serve the proposed subdivision, shall be provided.
(b)
In lieu of land dedicated for park purposes, the Planning Board may require a per-lot fee, to be set from time to time by the Board of Trustees, to be paid prior to issuance of a certificate of occupancy. Any such funds received by the Village shall be reserved and expended for the acquisition or development of park or recreation lands within the Village.
(12)
Drainage. Design considerations and improvements shall be governed by the Design Criteria and Construction Specifications.
(13)
Trees.
(a)
The subdivider shall take adequate measures to preserve desirable existing trees in suitable locations within the subdivision.
(b)
The Planning Board may also require the planting of trees within the right-of-way or replacement of trees on private property within the subdivision. Tree planting shall be governed by the Design Criteria and Construction Specifications.
(14)
Street names and signs. All streets shall be named, and such names shall be subject to the approval of the Planning Board, County Sheriff, and County Planning Department. Names shall be sufficiently different in sound and spelling from other street names in the municipality and post offices continuous to the municipality so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name. Relating street names to features of local historical, topographical or other natural interest is encouraged.
(15)
Land alteration. All land clearing and grading plans and practices shall be consistent with the Design Criteria and Construction Specifications.
(16)
Sidewalks and walkways. Sidewalks and walkways shall be provided and improved consistent with the Design Criteria and Construction Specifications.
C.
Residential design standards.
(1)
Application. All subdivisions proposed for residential use shall conform to the provisions of this section.
(2)
Residential lot sizes. Lot dimensions, areas, yards and building setback lines shall be not less than specified by the provisions of the Geneseo Village Zoning Law.
(3)
Design of residential lots.
(a)
Unless specifically waived by the Planning Board, all lots shall front upon a public street, existing or proposed.
(b)
Side lot lines shall be substantially at right angles or radial to street lines.
(c)
If remnants of land exist after subdividing, they shall be incorporated in existing or proposed lots, or dedicated to public use, if acceptable to the municipality.
(d)
Depth and width of parcels laid out or reserved for nonresidential use shall be sufficient to provide satisfactory space for off-street parking and unloading.
(e)
Double frontage and reverse frontage lots should be avoided. Double frontage lots may be acceptable to protect the traffic capacity of arterial roads, to achieve greater public safety or to reduce disturbance of the natural landscape. Any double frontage lots shall have an average minimum depth of 120 feet.
(f)
Corner lots shall be at least 10% wider than interior lots to provide for proper building setbacks from each street and to provide a desirable building site. Corner lots shall be curved consistent with adopted road standards.
(g)
Lots deeper than three times their width at the setback line shall be avoided.
(h)
Land subject to flooding or land deemed by the Planning Board to be 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, 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 to remedy the hazardous conditions. The Planning Board may require lot sizes in excess of the zoning requirement if it determines that suitable development sites do not exist on the lot that is proposed.
(i)
Easement dedications for nonsurface or nonstructural uses, including underground utility lines or drainageways, may be credited toward minimum allowable lot area, provided that operation and maintenance of the facilities shall remain unimpaired and the area of the easement comprises a usable portion of the lot.
(j)
Minimum lot width shall normally be measured at a distance of 25 feet from the edge of road right-of-way, except that lots fronting on the circular part of a cul-de-sac shall be measured tangentially at a distance of 35 feet from the edge of the right-of-way. The Planning Board shall have authority to interpret lot width and average lot depth for unusually shaped or situated lots.
(4)
Residential blocks.
(a)
Block dimensions shall adequately reflect the needs of convenient access and public safety, and limitations and opportunities of topography, economics of land use and road maintenance, and the provision of suitable sites for the land use planned.
(b)
Blocks shall not be less than 600 feet in length. In the design of blocks longer than 800 feet, special consideration shall be given to the requirements of satisfactory fire protection, utility crossing and pedestrian crossing.
(c)
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering an arterial street are approved for use by the Planning Board.
(5)
Cul-de-sac streets.
(a)
Cul-de-sac streets shall only be permitted if the Planning Board determines that connections to existing or future streets are not possible or reasonable for specific reasons of topography or design.
(b)
Cul-de-sac streets permanently designed as such shall not exceed 500 feet in length or five times the minimum lot width of the zoning district, such length to be measured to the center of the cul-de-sac, and shall furnish access to not more than 16 dwelling units. This requirement may be waived where the Planning Board determines the physical features of the site deem it advisable.
(c)
Cul-de-sac streets shall be provided at the closed end with a paved turnaround of size required by the Design Criteria.
(d)
A street thus temporarily dead-ended shall be provided with a temporary turnaround of the same dimensions as for permanent dead-end streets, if in excess of 200 feet, with a notation on the subdivision plat providing for temporary easements for the turnaround until such time as the street is extended. These same requirements shall apply at the discretion of the Planning Board in those cases where the adjoining land is another section of the same development and is not scheduled for development at the same time.
(6)
Garage placement. A front-facing garage shall not consist of more than 40% of the total building frontage. The front facade of the garage shall not be more than eight feet closer to the street than the main building facade with the front door.
D.
Commercial and industrial design standards.
(1)
Application. All commercial and industrial subdivisions shall conform to the provisions of this section.
(2)
Size. Approval of lot or parcel size will be determined by the following factors:
(a)
The total area shall be sufficient to provide adequate space for off-street parking and loading, landscaping and other facilities.
(b)
Whenever possible, commercial parcels should include enough land to provide for a group of commercial establishments planned, developed and operated as a unit.
(3)
Street systems.
(a)
Traffic movement in and out of commercial and industrial areas should not interfere with external traffic, nor should it create hazards for adjacent residential areas.
(b)
The design of streets, service drives and pedestrianways should provide for safe and hazard-free internal circulation.
(4)
Front yard. Building setback lines shall be as specified by this chapter.
(5)
Utilities. Where possible, commercial and industrial subdivisions should be located close to public utilities. Utilities shall be sized commensurate with the demand anticipated upon full development based upon the reasonable anticipated uses. In any case, subdivisions should be provided by the contractor with such utilities as are necessary to maintain adequate health standards and to dispose of commercial and industrial wastes.
(6)
Location.
(a)
In general, commercial and industrial subdivisions should be located adjacent or close to major highways and transportation facilities.
(b)
Commercial and industrial subdivisions may not be located in predominantly residential areas or areas that are better suited to residential development, provided that a commercial parcel designed as an integral part of a residential subdivision will be permitted, and provided that the site shall be in conformance with this chapter.
(c)
Notice. The face of the plat shall contain notice of the intended use; however, this notice shall not be considered to waive or prejudice the development review on the lots if covered by other Village requirements.
§ 130-98 Improvements.
A.
Improvements required; waivers.
(1)
Minimum improvements and construction standards required of all subdivisions shall be as set forth in the Design Criteria and Construction Specifications. Where not set forth, they shall be in accordance with the prevailing standards as established by the Planning Board. Alternate improvement standards may be permitted if the Planning Board, upon advisement of the Village Engineer, deems them equal or superior in performance characteristics to the specified improvements. Additional or higher type improvements may be required in specific cases by the Planning Board in order to create conditions essential to health, safety, morals and general welfare of the citizens of the municipality.
(2)
The Planning Board may, subject to appropriate conditions, waive the provision of any or all such improvements and requirements which in its judgment are not required in the interest of the public health, safety and general welfare or which are inappropriate because of the inadequacy of connecting facilities.
B.
Monuments and markers. Monuments and markers shall be set in conformance with requirements in the Design Criteria and Construction Specifications.
C.
Street pavements, curbs and sidewalks.
(1)
The provision of street pavements, curbs and sidewalks on all proposed or required public streets shall be as shown in the Design Criteria and Construction Specifications. All streets shall be graded, surfaced and improved to the grades and dimensions shown on plats, profiles and cross sections submitted by the subdivider and approved by the Planning Board and Village Engineer.
(2)
The Design Criteria and Construction Specifications specifies those improvements which are the responsibility of the subdivider. In the case of arterial and collector streets, the State Department of Public Works may provide additional improvements over and above those required to be installed by the subdivider.
D.
Other street improvements.
(1)
Street signs, street lighting and fire alarm signal devices shall be provided at appropriate locations on all streets. The type, height and design shall be approved by the Planning Board.
(2)
Trees shall be provided in all residential subdivisions of a type compatible with local conditions. Such trees shall be planted in the front yard setback area spaced at intervals of not more than 100 feet. The size, type and species of such trees shall be approved by the Planning Board and their installation governed by the Design Criteria.
E.
Water supply.
(1)
Provision of water supply. Where the public water supply, in the opinion of the Planning Board, is reasonably accessible, the subdivision shall be provided with a complete water distribution system, including a connection for each lot and appropriately spaced fire hydrants. Where the public water supply is not within reasonable distance, an alternate supply, approved by the State Department of Health, shall be furnished.
(2)
Waterlines and appurtenances shall be installed in accordance with the Design Criteria and Construction Specifications.
F.
Sanitary sewer system.
(1)
Public sewer system. Where the public sanitary sewer, in the opinion of the Planning Board, is reasonably accessible, sanitary sewers shall be installed to adequately serve all lots with connections to the public system.
(2)
On-lot sewage and water tests. Where evidence indicates that the minimum lot size requirements specified in other sections of these regulations or in any applicable zoning law are adequate to permit the installation of individual on-lot water supply and/or sewage disposal facilities, the Planning Board may require that the subdivider request the State Department of Health to make such tests as are necessary to determine the adequacy of the proposed facilities in relation to the proposed lot size, existing grade and soil conditions. In all cases, a certificate from such Health Department indicating that the proposed facilities are adequate shall be prerequisite to final approval of the plat.
(3)
Capped sewers. Where the municipality has a plan for extending the public sanitary sewer system into an area that is being subdivided and it is reasonably expected that the area will be served by the public system within a period of five years, capped sewers shall be installed to adequately serve all lots in the proposed subdivision.
(4)
Type of sewer system. No combined sanitary and storm sewer systems will be permitted.
(5)
Installation. The sewers and manholes shall be located and installed in accordance with the Design Criteria and Construction Specifications.
G.
Storm sewers.
(1)
Provision of storm sewers. Storm sewers and related drainage facilities shall be installed. Such facilities shall provide a clear channel adequate to handle runoff from a twenty-five-year storm.
(2)
Purpose of storm sewers. When storm sewers, culverts and related installations are provided, they shall be designed as follows:
(a)
To permit unimpeded flow of natural watercourses.
(b)
To ensure adequate drainage of all low points along the line of streets.
(c)
To intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained and at all intersecting streets.
(3)
Storm sewers shall be provided in each street with capped laterals to each lot.
(4)
Special problems. In the design of storm sewer installations, special consideration shall be given to avoidance or problems which may arise from concentration of stormwater runoff over the adjacent properties.
(5)
Construction standards. All drainage structures, culverts, boxes, grates, etc., shall conform to the Design Criteria and Construction Specifications.
H.
Other utilities.
(1)
Electric power, telephone, telecommunications, and television community antenna lines. All subdivisions shall have easements provided for the installation of electric power and telephone utility lines to serve each and every lot, and provision shall be made, when necessary, for the location of television community antenna lines to be installed in the easements. Electric power, telephone utility lines and television community antenna lines shall be installed underground.
(2)
Gas transmission lines. When any subdivider proposes to provide gas transmission lines within a subdivision, the gas transmission lines shall be installed underground between the curbline and the property line of any street right-of-way located on the opposite side of the street from waterlines, if applicable.
I.
Installation of required improvements; bond; inspections.
(1)
Performance and maintenance bonds. The subdivider shall install the required improvements under the supervision of the Code Enforcement Officer or Village Engineer. Completed improvements shall be certified by the Village Engineer, when required by the Design Criteria and Construction Specifications. The subdivider shall guarantee the installation and maintenance of the minimum improvements in accord with procedures and standards in the Design Criteria and Construction Specifications, which shall include:
(a)
Posting with the Planning Board a certified check, bond or letter of credit in the name of the municipality in an amount sufficient to cover the full cost of installing the required improvements.
(b)
Posting a maintenance bond or letter of credit to guarantee maintenance and repair of the streets in the subdivision for one year after the construction has been approved by the Planning Board and acceptance of improvements has been consummated by the municipality.
(2)
The Village shall provide suitable inspectors to act as agents of the Planning Board for the purpose of assuring a satisfactory completion of improvements required by the Planning Board. The applicant shall pay the costs of such inspection, as determined by the Board, before the subdivision plat is signed for filing if the subdivision plat is constructed prior to filing. If the subdivision plat is authorized for filing prior to construction, the letter of credit shall include anticipated costs of construction, and the release of such funds is not authorized until the inspection costs are paid. If the Planning Board or its agents find, upon inspection, that any of the required improvements have not been constructed in accordance with approved construction detail sheets, the applicant and the bonding company will be severally and jointly liable for the costs of completing the improvements according to specifications.
§ 130-99 Plat requirements.
A.
Sketch plat. The sketch plat may consist of a schematic freehand drawing containing information on existing site conditions, on the boundaries of the proposed subdivision and other adjoining lands of the subdivider and on the proposed layout of street, land use, proposed lots, building types and other improvements. The sketch plat may be prepared on a blowup of the most recent United States Geological Survey print containing topographic information.
B.
Preliminary plat. The preliminary plat shall be drawn at a scale of one inch equals 100 feet or larger.
(1)
Identifying information. Identifying information on the plan should consist of the following:
(a)
The proposed subdivision name.
(b)
Magnetic North point, graphic scale and date.
(c)
The subdivision tract boundaries, with bearings and distances.
(d)
The location of the subdivision relative to existing streets.
(e)
The names of owners of abutting lands or subdivisions.
(f)
The size of the subdivision in acres.
(g)
Copies of existing deed restrictions.
(2)
Data on existing site conditions. Data on existing site conditions of the tract shall be shown on the preliminary plat as follows:
(a)
Topographic contour lines, based on the most recent United States Geological Survey data, at intervals of five feet, or at lesser intervals if deemed necessary by the Planning Board.
(b)
The location of all significant trees, wooded areas, watercourses and other significant natural features.
(c)
The location of existing buildings, sewers, water mains, culverts, fire hydrants, streets (including rights-of-way and pavement widths and names), transmission lines, gas, oil and other underground lines.
(d)
The location of existing property lines, easements and rights-of-way.
(3)
Proposed subdivision layout. Data on the proposed subdivision layout and improvements consisting of the following shall be submitted:
(a)
Proposed location and width of all public and private streets, easements, lot lines, playgrounds, public buildings and areas, and land proposed to be dedicated or reserved for public use.
(b)
Where the preliminary plat covers only a part of the subdivider's entire holdings, a sketch shall be submitted of the prospective street layout for the remainder.
(c)
Proposed grading, profiles and cross sections of all streets, and proposed location and type of other physical improvements.
(d)
Proposed sanitary and storm sewer systems and water supply system, and location and results of any required percolation tests.
(e)
Proposed deed restrictions.
(f)
A letter from the developer's engineer or purveyor of services certifying that the off-site utilities are adequate to serve the project.
C.
Final plat. The final plat shall be a clear, legible white print made from an ink tracing on cloth, Mylar or other suitable reproducible surface. Final plats shall be on sheets 30 inches by 36 inches in size, and such plats which are drawn on two or more sections shall be accompanied by a location or key diagram showing the relative location of each section. The scale of the final plat shall be one inch equals 100 feet or larger.
(1)
Identifying information. Identifying information on the final plat shall consist of the following:
(a)
The proposed subdivision name.
(b)
The magnetic North point, graphic scale and date.
(c)
The name of the record owner and subdivider.
(d)
The name and seal of the registered professional engineer and surveyor, or architect if required.
(e)
The subdivision tract boundaries, with bearings and distances.
(f)
The location of the subdivision relative to existing streets.
(g)
The names of owners of abutting lands or subdivisions.
(h)
The size of the subdivision in acres.
(i)
Copies of existing deed restrictions.
(2)
Lot and street layout.
(a)
The final plat shall include information on the lot and street layout as follows:
[1]
Street lines, lot lines, rights-of-way, easements and areas dedicated or proposed to be dedicated to public use.
[2]
Sufficient data to determine readily the location, bearing and length of every street, lot and boundary line and to reproduce such lines on the ground.
[3]
The length of all straight lines, radii, lengths of curves and tangent bearings for each street.
[4]
All dimensions and angles or bearings of the lines of each lot and of each area proposed to be dedicated to public use.
[5]
The proposed building setback line for each street or the proposed placement of each building.
[6]
Lot numbers and blocks lettered in alphabetical order.
[7]
The names of streets within and adjacent to the subdivision.
[8]
Permanent reference monuments and markers.
(b)
All dimensions shall be shown in feet and in hundredths of a foot.
(3)
Data on construction proposals. The final plat shall include a proposed construction plan for all physical improvements showing the following:
(a)
A grading plan showing existing contours and finished contours.
(b)
The location, size and invert elevation of all sanitary and storm sewers, catch basins and locations of all manholes, inlets and culverts.
(c)
The location of all proposed septic tank and drainage field locations when permitted, and addition of storm sewers where necessary to prevent standing water. Natural drainage entering the proposed subdivision must be drained in storm sewers.
(d)
Typical cross sections, street profiles and drainage details for all streets. Such profiles shall show at least the following: existing (natural) grade along the proposed street center line; existing (natural) grade along each side of the proposed street right-of-way; proposed finished center-line grade or proposed finished grade at top of curbs; sanitary sewer mains and manholes; storm sewer mains, inlets, manholes and culverts.
(e)
All construction specifications and details.
(4)
Certification data. The final plat shall include certificates of endorsement of the plat ready for signature of the following types:
(a)
Certificate for the approval of the Planning Board.
(b)
Certificate for the Code Enforcement Officer certifying that the subdivider has met all of the requirements of § 130-98, including the requirements for performance and maintenance bonds.
(c)
Certificate of adequacy of proposed sewerage and water supply systems by the State Health Department or by any appropriate department or special district.
(d)
Offers of cession of streets and other public property.
(e)
An affidavit that the applicant is the owner or equitable owner of the land proposed to be subdivided.
(f)
A statement duly acknowledged before an officer authorized to take acknowledgment of deeds, and signed by the owner or owners of the property, to the effect that the subdivision as shown on the final plat is made with his, her, or their free consent and that it is desired to record the same.
(g)
Protective covenants, if any, in a form for recording.
(h)
An affidavit from each and every utility company that utility easements as provided satisfy the requirements of the respective utility company.
D.
Waiver of final plat for small subdivisions. In the case of a small subdivision which is less than five acres in size, with less than five lots and containing no new streets or other physical improvements, the Planning Board may waive the final plat requirements listed above; provided, however, that the final plat shall include the following information:
(1)
The name of the record owner and subdivider.
(2)
The name and seal of the registered professional engineer and surveyor.
(3)
The subdivision tract boundaries and proposed lot lines, with bearings and distances.
(4)
Proposed use of subdivided parcels.
(5)
A certificate for approval of the Planning Board.
§ 130-100 Administration and enforcement.
A.
General procedures for plat submission.
(1)
All final subdivision plats and applications, together with all required supporting data, shall be submitted to the Code Enforcement Officer, who shall act as the official administrative officer of the Planning Board. After such a submission, a public hearing shall be held on the plat by the Planning Board, after which the Planning Board shall determine the conformity of the final plat with these regulations and shall thereupon approve, modify and approve or disapprove such plat.
(2)
Prior to the submission of the final subdivision plat, the subdivider may submit both a sketch plat and a preliminary plat to the Planning Board. The purpose of the submission of these plats shall be for the convenience of the subdivider and for the purpose of assisting the subdivider in meeting the requirements of these regulations at a minimum expense and cost and with maximum practical convenience.
B.
Specific procedures for plat submission. All plats, applications and supporting data shall be submitted to the Code Enforcement Officer, who shall check their compliance with these regulations. The Code Enforcement Officer shall then take any action required under these regulations and shall transmit the plats to the Planning Board for review and action. The official date of the submission shall in all cases be recorded as the next regular scheduled meeting date of the Planning Board, after receipt by the Code Enforcement Officer.
(1)
Sketch plat. The subdivider shall submit six copies of a sketch plat and supporting data in accordance with the requirements of § 130-99. This plat shall be for the purpose of establishing in advance the overall objectives of the subdivider, the extent to which the proposed subdivision conforms to the design standards and other provisions of these regulations and to determine any possible problems which will require special action on the part of the Planning Board or the subdivider. The Planning Board shall act on such plat and shall transmit a record of its action in writing to the subdivider within 30 days after the official date of submission.
(2)
Preliminary plat.
(a)
The subdivider shall submit eight copies of a preliminary plat and supporting data in accordance with the requirements of § 130-99. The purpose of this plat shall be to establish more precisely the overall proposed layout of the subdivision, its conformance with the design standards and the proposed physical improvements which will be required to be installed by the subdivider or which may be waived by the Planning Board and to further establish the overall conformance of the subdivision with these regulations. The Planning Board shall act on such plat and transmit a record of its action in writing to the subdivider within 60 days after the official date of submission.
(b)
The action taken by the Planning Board shall be noted on the copies of the approved preliminary plat in the form of a conditional approval or of a disapproval and shall include a statement on any waivers granted for any required public improvements. The conditional approval by the Planning Board shall serve as a guide to the subdivider for the preparation of the final plat. Such conditional approval may not be revoked by the Planning Board unless a substantial change in information concerning the plat or the character of the area takes place. However, the conditional approval shall expire within six months if a final plat is not submitted, unless an extension of such conditional approval is granted by the Planning Board. The Planning Board may, if requested in writing by the subdivider, allow one extension for a period not to exceed 12 months for the submission of the final plat.
(3)
Final plat.
(a)
The subdivider shall submit eight copies of a final plat and all supporting data in accordance with the requirements of § 130-99. Such plat shall conform to the requirements of these regulations and shall incorporate all recommendations contained in any conditional approval of a preliminary plat.
(b)
The Planning Board shall arrange for a public hearing as required by § 7-728 of the Village Law on the final plat. Within 60 days after the formal submission of the final plat, the Planning Board shall approve, modify and approve or disapprove the final plat. After the approval of the final plat, the Planning Board shall endorse its approval on two copies of the final plat and shall return one such endorsed copy to the subdivider. In the event of disapproval, the subdivider shall be notified in writing with the reasons for disapproval stated.
(c)
After the public hearing but prior to granting final approval, the Planning Board may permit the final plat to be subdivided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the subdivision. The approval of such sections may be made concurrently with the approval of the final plat.
(4)
Recording of approved final plat.
[Amended 2-26-2018 by L.L. No. 2-2018]
(a)
The approval of the final plat or of an approved section of the final plat shall expire in 62 days if such final plat or section shall not have been filed or recorded by the subdivider in the office of the County Clerk in accordance with § 7-728 of the Village Law.
(b)
If the subdivider elects to file only a section of an approved final plat within the sixty-two-day period, the section shall encompass at least 10% of the total number of lots contained in the approved final plat, and the approval of the remaining sections shall expire unless recorded within a three-year period. In the event that the subdivider does not record all of the approved sections in the County Clerk's office within the sixty-two-day period, then the entire final plat shall be filed with the Village Clerk within 30 days of the recording of any section at the office of the County Clerk.
C.
Administrative action.
(1)
Code Enforcement Officer. The Code Enforcement Officer shall be appointed and he or she shall act as the administrative officer of the Planning Board with regard to the administration of these regulations. The Code Enforcement Officer shall receive and examine all subdivisions in the name of the Planning Board, shall refer copies of all such plats and applications to appropriate departments of the town, Village, county or state, or to any private companies or engineers involved. The Code Enforcement Officer shall receive information from such departments, individuals and agencies and shall transmit these comments to the Planning Board. The Planning Board shall keep records of all applications and plats and of actions taken by the Planning Board on such applications and plats. The Code Enforcement Officer shall make all required inspections and shall perform all other duties called for in these regulations. The Code Enforcement Officer shall also inform the subdivider and the Planning Board of any violations of these regulations which become known to him or her.
(2)
Planning Board. The Planning Board shall review all plans to determine conformity with these regulations, shall hold public hearings on all final plats, shall approve, modify and approve or disapprove all plans submitted, shall grant any necessary modifications, variances or waivers and shall perform all other duties required under these regulations.
D.
Subdivisions crossing municipal boundaries. Whenever access to a subdivision can be handled only across land in another municipality, the Planning Board may request assurance from the Village Attorney that access is legally established and from the Village Engineer that the access road is adequately improved or that a performance bond has been duly prepared.
E.
Environmental quality review. The State Environmental Quality Review Act shall apply as appropriate for all applications and improvements authorized by this article.
F.
Referral to County Planning Board. Where required by §§ 239-l and 239-n, Chapter 12-B, of the General Municipal Law, the preliminary plat application shall be forwarded to the County Planning Board for its review. Any preliminary plat may be submitted to the County Planning Board for review and need not be limited to the requirements of this section. No decision shall be made on the preliminary plat until these comments are received.
G.
Conflict with other provisions. Where these regulations impose greater restrictions than are imposed by the provision of any law, ordinance, regulation or private agreement, it is the intent that these regulations shall control. Where greater restrictions are imposed by any law, ordinance, regulation or private agreement than are imposed by these regulations, such greater restriction shall not be affected by these regulations. Where inconsistencies are noted by the subdivider, it is the responsibility of the subdivider to bring such alleged inconsistency or conflict to the Planning Board's attention, in writing, for a decision regarding which standard shall apply, and its decision with respect to matters under its jurisdiction shall be final and binding.
H.
Standards and criteria for approval of residential open space developments.
(1)
Dimensional requirements. As authorized by this chapter, § 130-31H, the Planning Board may modify the dimensional requirements of this chapter to allow for open space (cluster) designs which promote the most appropriate use of land, facilitate efficient provision of streets and utilities and preserve the natural, recreational and scenic qualities of such land.
(2)
Maximum number of dwelling units. In order to determine the maximum number of dwelling units to be permitted in an open space design, the applicant shall submit a sketch showing lot layouts in conformance with the district zoning requirements for minimum lot size, setbacks and road dimensions. A ten-percent allocation for recreational purposes shall be set aside from the buildable land, as required by § 130-96B(12).
(3)
Natural features. The clustered subdivision plat shall indicate all trees greater than four inches in diameter one foot above the ground, or wooded areas as appropriate, and all other natural features such as rock outcroppings, ponds, drainageways, etc.
(4)
Provisions for preservation and maintenance of open space. Permanent preservation of the open space and, in particular, the trees, wooded areas or other natural features shown in the open space subdivision plat shall be required, either through easements, deed restrictions or as an obligation of any homeowners' association created for the subdivision. The legal mechanism for preserving and maintaining open space and natural features shall be established to the satisfaction of the Planning Board before the plat is approved for filing.
I.
Modifications. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Village Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Village Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Village Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
J.
Conditions for modifications and variances. The Planning Board may grant the following modifications and variances subject to such conditions which will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified:
(1)
Modification of plat requirements for small subdivisions. In the case of a small subdivision, the final plat requirements may be waived by the Planning Board as specified in § 130-99D.
(2)
Hardship. The Planning Board may grant a variance to the provisions contained herein if the applicant can sufficiently demonstrate the following:
(a)
The applicant cannot realize a reasonable return, provided that lack of return is substantial, as demonstrated by competent financial evidence;
(b)
That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
(c)
That the requested variance, if granted, will not alter the essential character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
(e)
That the variance will afford the least intrusive solution.
(3)
Procedure for applying. Applications for modifications and variances shall be submitted in writing by the subdivider at the time the preliminary plat or final plat is filed with the Planning Board. The application shall state fully the grounds and all the facts relied upon by the applicant.
K.
Violations; penalties for offenses.
(1)
No land shall be divided in violation of this article or § 7-730 of the Village Law. Any division attempted in violation hereof shall be invalid.
(2)
No permit shall be issued for development upon any lot, tract, parcel or site created in violation of this article. Assignment of a tax number or other mode of separate identification of a unit of land by the Assessor for the purpose of tax administration shall not be deemed to create or legitimize a division otherwise invalid hereunder.
(3)
In case of any violation or threatened violation of any of the provisions of this article or conditions imposed by the Planning Board, in addition to the remedies herein provided, the Village Board may institute any appropriate action or proceeding to abate such violation to prevent any illegal act conducted on or about such premises.
(4)
Any person who violates any provision of this article shall be guilty of an offense, as defined in the Penal Law of the State of New York, and shall, upon conviction thereof, be subject to a fine not to exceed $250. Each day that such a violation continues to exist may further be declared to constitute a separate and additional violation.
[Amended 9-14-2020 by L.L. No. 3-2020]
L.
Appeals. Any subdivider aggrieved by a finding, decision or recommendation of the Planning Board or the Code Enforcement Officer may, within 60 days of such finding, request and receive an opportunity to appear before the Planning Board or the Code Enforcement Officer, present additional relevant information and request reconsideration of the original finding, decision or recommendation.
M.
Revision and amendment. This article may from time to time be revised, modified or amended as prescribed by local and state laws.
N.
Records. The Planning Board shall keep a record of its findings, decisions and recommendations relative to all subdivision plats filed with it for review and shall also keep a record of its actions and the grounds for granting a modification or variance.
O.
Interpretation. In the interpretation and the application of the provisions of this article, they shall be held to be the minimum requirements for the promotion of health, safety, morals and general welfare. In general, the provisions contained herein shall apply to residential subdivisions. Standards applying to commercial and industrial subdivisions shall be subject to individual review and determination in each case.
P.
Fees and charges.
[Amended 2-26-2018 by L.L. No. 2-2018]
(1)
The Village Board of Trustees shall establish a schedule of fees for the review of subdivisions.
(2)
The applicant shall be charged an application fee and shall be billed for all additional costs incurred by the Planning Board or its agents. Final plat approval shall not be given until all fees assessed prior have been paid in full. The letter of credit shall not be released until all remaining fees have been paid. Failure of the subdivider to pay the fees shall be grounds to deny building permits within the subdivision.