Hastings On Hudson City Zoning Code
ARTICLE XIII
Subdivision of Land
§ 295-115 Necessity of Planning Board approval.
Land within the Village of Hastings-on-Hudson may be subdivided into lots, blocks or sites, with or without streets or highways, only if approved by the Planning Board in accordance with the procedures and requirements as set forth in §§ 295-115 through 295-138 of this chapter (also referred to as "subdivision regulations"), and only if the approved plat is duly filed in the office of the County Clerk of Westchester County, New York. Construction, excavation, filling, regrading, clearing of vegetation or other similar activities related to a proposed subdivision shall not begin within any area proposed or intended for subdivision until said subdivision shall have been approved by the Planning Board.
§ 295-116 Resubdivision.
A resubdivision, as defined herein, is subject to the same procedure, rules and regulations applicable to a subdivision.
§ 295-117 Statement of policy.
It is declared to be the policy of the Village to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the Village. Land to be subdivided shall be of such character that it can be used safely for building or development purposes without danger to health or peril from fire, flood or other menace, and without resulting in significant damage to the ecology of the area in which it is located. Proper provision shall be made for drainage, water, sewerage, electric, telephone, gas and other needed improvements. The proposed streets shall compose a convenient system conforming to the Zoning Map[1] of the Village of Hastings-on-Hudson. Streets shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air and to facilitate fire and police protection. In proper cases, and when required by the Planning Board, a park or parks of suitable location, size and character for playground or other recreational purposes shall be shown on the subdivision plat.
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
§ 295-118 Issuance of building permits.
No permit shall be issued for the erection of any building within a proposed subdivision until said subdivision has been duly approved by the Planning Board and filed in the office of the County Clerk, except that the Building Inspector may issue a building permit for a single building based upon the entire tract of land where there is no other existing building within the proposed subdivision and where the proposed building is in accordance with an approved preliminary plat.
§ 295-119 Definitions.
For the purpose of these subdivision regulations (§§ 295-115 through 295-138 of this chapter), certain words and terms used herein are defined as follows. (NOTE: Except where specifically defined herein, all words and terms shall carry their customary meanings.)
The Board of Trustees of the Village of Hastings-on-Hudson.
The Building Inspector of the Village of Hastings-on-Hudson, or his or her duly authorized representative.
Any lot upon which a principal residential or commercial building can be constructed in conformance with the requirements of this chapter.
The maps and engineering drawings, described in Section A-4 of Appendix A to these subdivision regulations,[1] accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with these subdivision regulations.
A drawing, in final form, as described in Section A-3 of Appendix A to these regulations, showing a proposed subdivision and containing all of the information required by these or other applicable subdivision regulations and certified by a licensed land surveyor or registered engineer.
A parcel of land not divided by streets.
A bond to assure the maintenance of required subdivision improvements following dedication of such improvements for such period as required by the Planning Board.
The date when a subdivision plat, accompanied by all other information required with the application for subdivision approval, is received by the Building Inspector.
A bond, as required by § 7-730 of the Village Law, to assure the full and satisfactory completion of all required subdivision improvements as specified in the Planning Board resolution of approval, such bond to run for a term fixed by the Planning Board and with surety, form, sufficiency and manner of execution approved by the Board of Trustees.
The Planning Board of the Village of Hastings-on-Hudson.
The preliminary drawing or drawings, described in Section A-1 of Appendix A to these subdivision regulations,[2] showing the basic features of a proposed subdivision.
Any change of existing property lines or of property lines shown on a plat approved by the Planning Board and filed in the office of the County Clerk.
An existing state, county or Village road or highway, a street shown upon a plat approved by the Planning Board or a street shown on a plat duly filed and recorded in the office of the County Clerk prior to October 26, 1953.
A street that serves or is designed to serve as access to abutting business, commercial or industrial properties.
A street that serves or is designed to serve primarily the function of carrying traffic from minor streets to major streets.
A street or a portion of a street with only one vehicular traffic outlet.
A street that serves or is designed to serve primarily as access to abutting residential properties.
The wearing or exposed surface of the street right-of-way designed to be used by vehicular traffic.
A street that serves or is designed to serve as access to abutting residential properties.
The distance between property lines measured at right angles to the center line of the street.
The division of any parcel of land, regardless of use, into two or more lots, plots, blocks, sites or parcels, with or without the creation of new streets, for the purpose, whether immediate or future, of transfer of ownership or building development, and shall include resubdivision as defined herein.
The Superintendent of Public Works of the Village of Hastings-on-Hudson.
The standards and specifications adopted by the Board of Trustees for the construction of streets and related subdivision improvements, and all amendments thereto.
An area having wetland soils and/or vegetation or identified as having poorly drained soils on maps of the Westchester County Soil and Water Conservation District or other county, state or federal agency.
The map established by the Board of Trustees under § 7-724 of the Village Law showing the streets, highways and parks theretofore laid out, adopted and established by law, and any amendments thereto adopted by the Board of Trustees or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.[3]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
[3]
Editor's Note: The Zoning Map is on file in the Village offices.
§ 295-120 Application procedures; application and action on preliminary plat and final plat.
[Amended 6-15-1999 by L.L. No. 3-1999; 12-11-2007 by L.L. No. 5-2007; 12-16-2008 by L.L. No. 28-2008; 4-15-2025 by L.L. No. 4-2025]
General procedures. Whenever any subdivision of land is proposed, and before any contract for the sale is carried out or title to any part thereof is transferred, the subdividing owner or his or her duly authorized agent shall proceed to secure approval of the proposed subdivision in accordance with the following steps:
Initial conference and review. This step is recommended for the benefit of the applicant, but it is not required. If followed, the procedure shall be as follows:
Initial conference. The applicant shall notify the Building Inspector, at least one week in advance of a regular Planning Board meeting, of the applicant's desire to be placed on the agenda for an initial conference. At such conference, the applicant shall present a sketch layout of the proposed subdivision. It shall include a site location sketch (at a scale of one inch equals 800 feet) indicating the applicant's entire holdings in relation to neighboring streets and properties, and shall show the general nature of the proposed arrangement of streets, lots, recreation areas and the proposed concept for providing utility service. The sketch layout shall be drawn on a topographic map with a vertical contour interval of no more than five feet, at a scale of no smaller than one inch equals 100 feet. It shall be submitted in five copies.
Field trip. After the initial conference, the Planning Board may schedule a field trip to the proposed subdivision site. The applicant or a representative should attend the site inspection and, prior to it, should have the center line of all proposed streets located by temporary stakes.
Planning Board recommendations. At or subsequent to the field trip, the Planning Board shall advise the applicant or representative of the additions and modifications, if any, which should be made if an application for subdivision approval is to be submitted.
Preliminary plat.
Application. Prior to requesting approval of a proposed final subdivision plat, the applicant shall file an application for approval of a preliminary plat, in duplicate, on forms available from the Building Inspector. Such application shall be filed with the Building Inspector at least two weeks prior to the regular Planning Board meeting at which it will be considered and shall:
Be accompanied by a preliminary application fee, payable to the Village of Hastings-on-Hudson, in the amount fixed by the Board of Trustees pursuant to § 295-152 of this chapter.
Comply with all requirements of these subdivision regulations and this Code.
Be accompanied by 10 copies each of the preliminary plat, including all contiguous land of the applicant, and preliminary construction plans, showing all items listed in Sections A-1 and A-2 of Appendix A to these subdivision regulations.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
Be accompanied by a completed state environmental quality review form, available from the Building Inspector.
Field trip. The Planning Board may schedule a field inspection of the proposed subdivision, as described in Subsection B(2) of this section.
Action on preliminary plat application. Within 62 days after the receipt of a completed preliminary plat and all accompanying material by the Building Inspector, the Planning Board shall hold a public hearing on the application.
Public notice. The Building Inspector shall:
Submit notice to a newspaper of general circulation in the Village and mail copies of the notice to all adjoining property owners and to the clerk of any municipality when the land to be subdivided is within 500 feet thereof, such notice to be published and copies mailed at least 10 days prior to the public hearing;
File a copy of the preliminary plat and construction plans at the Village Clerk's office for public review at least 10 days prior to the public hearing; and
Submit a copy of the preliminary plat and construction plans to the County Planning Board where a proposed road within the subdivision intersects with a state or county highway, or where drainage lines connect directly into any channel lines established by the county, such plat and construction plans to be received at least 10 days prior to the date of the public hearing.
Action on preliminary plat application. Within 62 days after the public hearing, the Planning Board shall approve, with or without modification, or disapprove the preliminary plat application by resolution which shall set forth any conditions to which the approval is subject, or the reasons for disapproval. When approving a preliminary plat with modification, the Planning Board shall state in the resolution any modifications it deems necessary for submission of the plat in final form. The time in which the Planning Board must take action may be extended by the consent of the property owner and the Planning Board.
Filing of decision on preliminary plat. Within five business days after the date of the adoption of the resolution stating the decision of the Planning Board on the preliminary plat, the Chairperson or other duly authorized member of the Planning Board shall cause a copy of the resolution to be filed in the office of the Village Clerk.
Expiration of approval. Approval of a preliminary plat application expires if the owner has not submitted a proposed plan in final form within six months of the date of approval of the preliminary plat.
Default approval of preliminary plat. In the event that the Planning Board fails to take action on a preliminary plat within the time prescribed, or within such extended period established by the mutual consent of the owner and the Planning Board, the preliminary plat shall be deemed granted preliminary approval. A certificate of the Village Clerk as to the date of submission, and the failure of the Planning Board to take action within the prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.
Final plat.
Application. Application for final subdivision plat approval shall be filed with the Building Inspector. Such application shall comply with the modifications, if any, required by the Planning Board at the time of preliminary plat approval and shall be submitted in duplicate on forms available from the Building Inspector.
Items to accompany application. Application for final plat approval shall be accompanied by the following:
Ten copies each of a final subdivision plat and final construction plans conforming to all requirements of Sections A-3 and A-4 of Appendix A to these subdivision regulations,[2] as well as all conditions, if any, of preliminary plat approval.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
A final subdivision application fee, payable to the Village of Hastings-on-Hudson, in an amount fixed by the Board of Trustees pursuant to § 295-152 of this chapter.
Proof of ownership by the applicant of the premises affected by the application and certificate of title company covering all interests, liens and objections to title, if any.
Where subdivision roads and/or other improvements are involved and where the applicant intends to post a performance bond to cover the cost of such improvements, a statement from the applicant's engineer giving the estimated cost of construction, together with the quantities and unit costs used in making the estimate.
An engineering inspection fee, payable to the Village of Hastings-on-Hudson, as fixed by the Board of Trustees pursuant to § 295-152 of this chapter.
A fee covering the costs to the Village of engineering consulting services required for the engineering review of the proposed subdivision.
Where streets or park areas are included within the proposed subdivision, a formal offer of cession to the Village of all such streets and park areas, in form approved by the Village Attorney, except where the proposed final subdivision plat has a notation to the effect that no offer of dedication of such street and park areas, or any of them, is made to the public.
Where there is no park area shown on the proposed plat, a recreation fee, payable to the Village of Hastings-on-Hudson, in the amount specified in the fee schedule as adopted by the Village Board of Trustees.
A written agreement, in form satisfactory to the Village Attorney, permitting entry by the Village onto any streets, easements and park areas, for the purpose of inspecting and installing any required improvements in the event of the failure of the applicant to make such installations, or to properly maintain such installations until such time as the Village assumes the responsibility for them.
A list of any and all waivers of the provisions of these subdivision regulations that the applicant requests the Planning Board to grant in his or her specific case, with the reasons therefor.
Stamped envelopes addressed to each of the owners of property abutting or across the road from the subdivision.
Action by Planning Board: final plats that are in substantial agreement with approved preliminary plat. When a final plat is submitted that the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to these subdivision regulations, the Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days after receipt of the completed final plat and all accompanying material by the Building Inspector. The grounds for modification, if any, or the grounds for disapproval shall be stated in the resolution of the Planning Board. The time in which the Planning Board must take action may be extended by mutual consent of the property owner and the Planning Board. Within five business days after the date of the adoption of the resolution stating the decision of the Planning Board on the final plat, the Chairperson or other duly authorized member of the Planning Board shall cause a copy of the resolution to be filed in the office of the Village Clerk.
Action by Planning Board: final plats that are not in substantial agreement with approved preliminary plats. When a final plat is submitted that the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to these subdivision regulations, the following shall apply:
The Planning Board shall hold a public hearing on such plat not later than 62 days after receipt of the completed final plat and all accompanying material by the Building Inspector. The hearing shall be advertised at least once in a newspaper of general circulation in the Village at least 10 days before such hearing.
The Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days after the date of the public hearing. The grounds for modification, if any, or the grounds for disapproval shall be stated in the resolution of the Planning Board. The time in which the Planning Board must take action may be extended by mutual consent of the property owner and the Planning Board.
Within five business days after the date of the adoption of the resolution stating the decision of the Planning Board on the final plat, the Chairperson or other duly authorized member of the Planning Board shall cause a copy of the resolution to be filed in the office of the Village Clerk.
Final plats not in substantial agreement with preliminary plats may require further review under the State Environmental Quality Review Act.
Approval by default. In the event that the Planning Board fails to take action on a final plat within the time prescribed, or within such extended period established by the mutual consent of the owner and the Planning Board, the plat shall be deemed approved. A certificate of the Village Clerk as to the date of submission, and the failure of the Planning Board to take action within the prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval. Such approval shall expire within 62 days unless the applicant files the plat in the office of the Westchester County Clerk, Division of Land Records, within that sixty-two-day period.
Conditional approval of final plats.
Certification of plat.
Upon resolution granting conditional approval of a final plat, the Planning Board shall empower the Chairperson or another member of the Planning Board to sign the plat subject to completion of any requirements as may be stated in the resolution.
Within five days after the resolution, the plat shall be certified by the Secretary of the Planning Board as conditionally approved and a copy shall be filed in the office of the Planning Board. A copy of the resolution shall be mailed to the owner, which copy shall include a statement of requirements which, when completed, will authorize the signing of the conditionally approved final plat.
Duration of approval. Upon completion of such requirements, the plat shall be signed by the duly authorized member of the Planning Board. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting conditional approval unless the requirements have been certified as completed.
Extension of time. The Planning Board may extend for periods of 90 days each the time in which a conditionally approved plat in final form must be submitted for signature if, in its opinion, such extension is warranted.
Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections. In its resolution granting such approval, the Planning Board may state that such requirements as it deems necessary to ensure the orderly development of the plat be completed before said sections may be signed by the authorized member of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.
Action by applicant. Based upon the Planning Board resolution, the applicant shall have the final subdivision plat and construction plans revised, if necessary, in accordance with said resolution, and submit 10 copies of such revised maps to the Building Inspector. Any performance bond or security agreement that is to be posted shall be submitted to the Village Attorney. The Village Attorney shall be responsible for determining and certifying to the Planning Board whether or not the surety, form, sufficiency and manner of execution of the bond or security agreement is acceptable to and has been approved by the Board of Trustees.
Approval of construction plans. The construction plans, revised as necessary to meet the requirements of the Planning Board resolution, shall be endorsed by the Planning Board Chairperson or other duly authorized member of the Planning Board as "approved" prior to the signing of the plat or the beginning of any construction work within the proposed subdivision.
Final approval of subdivision plat. The Chairperson or other duly authorized member of the Planning Board shall endorse the Planning Board's final approval of the plat only after all required improvements have been completed in accordance with the Planning Board's approval of the plat and construction plans, or alternatively after a bond or other security in the required amount and surety has been filed and after all other required conditions of the resolution of approval, including the payment of all fees, have been complied with. Said endorsement shall be by signature and date on the original of the plat (which shall be returned to the applicant for filing) and on a print of the plat (which shall be retained in the record files of the Planning Board).
Filing plat with County Clerk; expiration of approval.
The applicant shall file the approved plat with the Westchester County Clerk, Division of Land Records, within 62 days of the date of Planning Board signing. The approval of any plat not so filed shall expire 62 days after the date of signing.
In the event the applicant shall file only a section of the approved plat in the office of the County Clerk, the entire approved plat shall be filed within 30 days of the filing of such section with the Village Clerk in each Village in which any portion of the land described in the plat is situated. Such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections shall expire unless such sections are filed within three years after the filing of the first section.
Submission of copies of final plat. The applicant shall submit five copies of the final plat, showing the endorsements of the County Clerk, to the Building Inspector within 30 days of the date of filing.
§ 295-121 Completion of improvements or filing of bond or security.
Completion of improvements. After adoption of a resolution approving a final subdivision plat, and before the plat is endorsed by the Planning Board Chairperson or other duly authorized member, the applicant shall be required to complete, at the applicant's expense and without reimbursement by the Village or any special district, all street and other improvements as shown on the approved construction plans or otherwise specified in the resolution.
Filing of performance bond or security. As an alternative to the installation of improvements, as provided in Subsection A, the applicant shall file with the Board of Trustees a performance bond or other security in an amount fixed by the Planning Board in its resolution as sufficient to secure to the Village the satisfactory construction, installation and completion of the required improvements.
Security where plat approved in sections.
In the event that the applicant is authorized to file the approved plat in sections, as provided in § 295-120 of these subdivision regulations, approval of the plat may be granted upon installation of the required improvements in the section of the plat filed in the office of the County Clerk or upon the furnishing of security covering the costs of such improvements.
The applicant shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.
Term of bond or security agreement. Such performance bond or other security shall run for the period within which the required improvements must be completed, but which shall not be longer than three years. Such period shall be specified in the Planning Board resolution.
Form of security agreement.
Any such bond or security must be provided pursuant to a written security agreement with the Village and must be approved by the Village Board of Trustees. Such bond or security must also be approved by the Village Attorney as to form, sufficiency and manner of execution. Such security may be in the form of:
A performance bond issued by a bonding or surety company;
The deposit of funds in, or a certificate of deposit issued by, a bank or trust company located and authorized to do business in this state;
An irrevocable letter of credit from a bank located and authorized to do business in this state;
Obligations of the United States of America; or
Any obligations fully guaranteed as to interest and principal by the United States of America and having a market value at least equal to the full costs of such improvements.
If not delivered to the Village, such security shall be held in a Village account at a bank or trust company.
Requirements for improvements. All improvements shall be completed to the satisfaction of the Planning Board, in accordance with the approved construction plans and the requirements of these subdivision regulations and the Village construction standards and specifications.
§ 295-122 Failure to complete improvements.
Where a bond or security is not filed. If all required improvements are not completed within the period specified in the Planning Board resolution of approval, such approval shall be deemed to have expired unless, upon request of the applicant, the period has been extended by resolution of the Planning Board.
Where a bond or security is filed. If all required improvements are not completed within the term specified by the Planning Board and set forth in the filed bond or security, and if no application for the extension of such term has been made by the applicant and approved by the Planning Board, the Board of Trustees may thereupon declare said bond to be in default and collect the sum remaining payable thereunder and, upon receipt of the proceeds thereof, the Village shall install such improvements as are covered by the bond or security and are commensurate with the extent of building development that has taken place in the subdivision but not exceeding, in cost, the amount of such proceeds.
§ 295-123 Modification of bond or security.
Extension of period specified in bond or security. The time period specified for the completion of all required improvements, as set forth in the bond or security, may be extended only by resolution of the Planning Board upon request by the applicant setting forth, in detail, the amount of work that has been completed, reasons for failure to complete the remainder of the work within the specified period, the maximum estimated time required to complete the remainder of the work and the time-period extension that is requested.
Reduction of bond or security. An applicant may request, in writing, that the Planning Board authorize a reduction in the amount of the bond or security. Such request shall itemize the extent of required improvements already completed, the estimated cost of improvements remaining to be completed and the amount of bond reduction requested. Then, upon approval of the Board of Trustees and after due notice and public hearing, the Planning Board may, if it determines that sufficient required improvements have been installed to warrant such action, reduce the face amount of the bond or security by an appropriate amount so that the new amount will cover the cost in full of all required improvements remaining to be completed, and any security deposited with the bond may be reduced proportionately.
§ 295-124 Modification of requirements.
If at any time, either before or during the course of construction of the required improvements, it is determined by the Planning Board that unforeseen conditions make it necessary to modify the location or design of any improvements, the Planning Board may modify the terms and conditions of the approval so as to require such changes as may be necessary to comply with the spirit and intent of the Planning Board's original approval and to conform to accepted engineering practices. If such modification affects the scope of work covered by a bond or security, the Planning Board may require or allow appropriate modification of such bond or security.
§ 295-125 Inspection of improvements.
The Superintendent of Public Works or his or her designee shall be responsible for inspecting required improvements during construction to ensure their satisfactory completion and, upon such completion, shall furnish the Planning Board with a statement to that effect. If the Superintendent of Public Works determines that any of the required improvements have not been constructed in accordance with the approved plan, the applicant shall be responsible for properly completing said improvements. Failure of the Superintendent of Public Works to carry out inspections of required improvements during construction shall not in any way relieve the applicant or the bonding company of their responsibilities related to the proper construction of such improvements.
Inspection of stages of construction.
To facilitate inspection of required improvements during construction, the applicant shall notify the Superintendent of Public Works or his or her designee at least three working days before reaching each of the following stages of construction:
The applicant shall not proceed to work on any stage subsequent to the first stage until the work of the previous stage has been inspected and approved by the Superintendent of Public Works or his or her designee. In the case of any other improvements, the Superintendent of Public Works or his or her designee shall inspect the work at such progressive stages as (s)he shall specify, and shall certify to the Planning Board that the work was inspected by him or her and was in accordance with the approved plans and specifications.
Certificate of construction. At such time as the applicant has completed construction of all required improvements, the applicant shall furnish to the Superintendent of Public Works three copies of "as built" plans and profiles which show the actual location of all paved streets, culverts, headwalls, drains, manholes, catch basins, sidewalks, curbs, utility lines and equipment, monuments, street signs, street trees and all other required improvements, as constructed, and all other pertinent information, such as cross-sections of the streets at intervals determined by the Superintendent of Public Works, the culvert and drain grades, sewer grades, sidewalk and curb grades and invert elevations at manholes. Such plans and profiles shall bear a dated certification by a professional engineer or licensed surveyor to the effect that the data shown thereon was accurately determined by field survey. If the location or accuracy of improvements does not, in the opinion of the Planning Board, fully comply with the approved construction plans and specifications, the Planning Board shall have the right to refuse to sign the final plat or release the bond until such situation is corrected.
Inspection fee. To offset the costs incurred by the Village in conducting inspections, all applicants for approval of submissions involving the construction of streets and/or other improvements shall be required to submit an inspection fee, payable to the Village of Hastings-on-Hudson, in an amount to be determined by the Village Board by resolution and set in the fee schedule.[1]
[Amended 9-21-1999 by L.L. No. 4-1999]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
§ 295-126 Future status of streets, parks and easements.
Offers of cession. All streets, parks and easements shall be indicated on the plat. In accordance with § 7-732 of the Village Law, the applicant may add as part of the plat a notation, if the applicant so desires, to the effect that no offer of dedication of such streets or parks, or any of them, is made to the public. All offers of cession to the public of all streets and parks not so marked shall be filed with the Planning Board at the time of submission of the final application.
Petition for dedication. Upon completion of the subdivision and the road(s), a petition in the form required by the Board of Trustees shall be filed with such Board for the acceptance of parks or any other reservations or easements.
Acceptance by Village. Acceptance of any offer of cession of streets or parks shall rest with the Board of Trustees. In the event that the applicant shall elect not to file the plat in the office of the County Clerk within the period prescribed for such filing, then such formal offer of cession shall be deemed void. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute nor imply the acceptance by the Village of any streets, parks or other areas shown on said plat and the Planning Board may require the addition of appropriate notes to this effect on the plat.
Maintenance. In the event that no offer of cession to the public is made for the streets, parks and required easements shown on the plat, there shall be submitted with the final application copies of agreements or other documents providing for the suitable maintenance of such facilities and a statement of all rights that exist with respect to each of them. The adequacy of such documents shall be subject to Planning Board approval.
§ 295-127 Waiver of required improvements.
The Planning Board may waive, subject to appropriate conditions, the provision of any or all such improvements and requirements as, in its judgment of the special circumstances of a particular plat, are not requisite in the interest of the public health, safety and general welfare or which, in its judgment, are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
§ 295-128 Certificates of occupancy for structures fronting on bonded streets.
A certificate of occupancy shall not be issued for a structure within a subdivision where the improvements are guaranteed by a performance bond or other security unless it is determined by the Planning Board that both of the following conditions have been complied with:
Status of street improvements. The improvement of the street or streets giving access to the structure has progressed to a stage deemed adequate by the Planning Board to render safe all-weather vehicular access for both routine and emergency purposes.
Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of occupancy and the acceptance of the fully completed street by the Board of Trustees. (NOTE: If the street is not to be offered for dedication to the Village, such an agreement will have been required in accordance with § 295-126D of these subdivision regulations.)
§ 295-129 General requirements for subdivision design.
The Planning Board, in considering an application for the subdivision of land, shall be guided by the following considerations and standards, which standards shall be deemed to be the minimum requirements for the convenience, health, safety and welfare of the Village:
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, drainage or other menace to neighboring properties or the public health, safety and welfare. Land subject to such hazards shall not be subdivided nor developed for residential purposes, nor for such other uses as may increase danger to health, life or property, or aggravate a flood hazard, but such land may be set aside for uses as shall not involve such danger nor produce unsatisfactory living conditions.
Preservation of natural features.
Land to be subdivided shall be designated in reasonable conformity to existing topography in order to minimize grading, cut and fill, and to retain, insofar as possible, the natural contours, to limit stormwater runoff and to conserve the natural vegetative cover and soil. No tree, topsoil or excavated material shall be removed from its natural position except where necessary and incidental to the improvement of lots and the construction of streets and related facilities in accordance with the approved plan. Topsoil shall be restored to a depth of at least six inches and properly seeded and fertilized in those disturbed areas not occupied by buildings or structures.
Existing natural features that are of ecological, aesthetic or scenic value to residential development or to the Village as a whole, such as wetlands, watercourses, water bodies, rock formations, stands of trees, historic spots and similar irreplaceable assets, shall be preserved, insofar as possible, through harmonious design of the subdivision and, where appropriate, the Planning Board may require the inclusion of such features in permanent reservations.
Frontage on improved streets. The area proposed to be subdivided shall have frontage on and direct access to a street duly placed on the Zoning Map, and if such street be private, it shall be improved to the satisfaction of the Planning Board or there shall be a bond held by the Village to guarantee such improvement.
§ 295-130 Location and design of streets.
Location, width and improvements. Streets shall be suitably located, of sufficient width and suitable grade and adequately improved to accommodate the expected traffic and to afford satisfactory access to police, fire-fighting, snow removal and other utility and road maintenance equipment, and shall be coordinated so as to compose a safe and convenient system.
Relation to topography. Streets shall be appropriately related to the natural topography and shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. A combination of steep grades and curves shall be avoided.
Intersections. Cross (four-cornered) street intersections shall be avoided insofar as possible, except at important traffic locations. A distance at least equal to the minimum required lot width, but not less than 150 feet, shall be maintained between center lines of offset intersecting streets. Within 60 feet of the center of an intersection, streets shall be at approximately right angles and grades shall be limited to 1.5%. When two streets intersect at an angle of less than 75°, special pavement, channelization, right-of-way and/or sight easement restrictions may be required by the Planning Board.
Continuation of streets into adjacent properties.
The arrangement of streets shall provide for their construction between adjacent properties where such continuation is determined necessary for proper traffic movement, effective fire protection, efficient provision of utilities, snow removal and other services. Alternatively, if a street continuation is not determined to be warranted by the circumstances, or would result in unsafe traffic conditions or otherwise jeopardize the public safety and welfare, the Planning Board may require such street to be terminated short of the boundary lines of the subdivision.
Where a continuation of a street beyond the boundaries of a subdivision is warranted but the adjacent property is undeveloped and the street must dead-end temporarily, the Planning Board may require that the right-of-way and all improvements be extended to the property line. A temporary circular turnaround shall be provided on all temporary dead-end streets in excess of 100 feet in length, with a notation on the plat that land outside the normal street right-of-way shall revert to abutting property owners upon continuation of the street. The length of temporary dead-end streets shall normally be limited to not more than double the permitted length of permanent dead-end streets.
Where a turnaround exists at the end of a street within an adjoining development to which a proposed street is to connect, the applicant may be required to remove the portions of the turnaround pavement outside of the normal width of the traveled way, perform any necessary reconstruction of the pavement edge, construct continuations of any existing driveways to the new pavement edge and regrade, seed and drain the disturbed areas in such a manner as to blend them in with the surrounding landscape.
Permanent dead-end streets.
Where a street does not extend to the boundary of a subdivision and its future continuation is not required by the Planning Board, it shall be separated from such boundary by a distance not less than the minimum required lot depth. The Planning Board may require the reservation of an easement to the boundary to accommodate utilities, drainage facilities and/or pedestrian traffic. A circular turnaround shall be provided at the end of a permanent dead-end street.
For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length, exclusive of the turnaround, to eight times the minimum lot width for the zoning district in which it is located.
Solar access considerations. To permit maximum solar access to proposed lots and future buildings, wherever reasonably feasible, consistent with other appropriate design considerations, new streets shall be located on an east-west access. This encourages house siting with the maximum exposure of roof and wall area to the sun. The Planning Board shall also consider the slope of the property and the nature and location of existing vegetation as they affect solar access.
Street names. Street names shall be sufficiently different in sound and in spelling from other names in the Village so as not to cause confusion. A street that is a continuation of an existing street shall bear the same name. In general, street names shall conform to the following classifications:
Avenue, Street or Road: major or collector street.
Design standards for new streets. Streets shall meet the design standards set forth in the following table. Street classifications may be determined by the Planning Board. Standards are not shown for streets that would be built by the state or county.
Design Standards for New Streets | ||||
|---|---|---|---|---|
Residential Streets | Business Streets | |||
Minimum right-of-way width (feet) | ||||
Minor street | 50 | 60 | ||
Collector street | 60 | 70 | ||
Minimum traveled way width (feet) | ||||
Minor street | 24 | 40 | ||
Collector street | 30 | 48 | ||
Maximum grade | ||||
Minor street | 10% | 8% | ||
Collector street | 8% | 6% | ||
Turnaround | 5% | 3% | ||
Minimum grade | 1 to 1 1/2% | 1 to 1 1/2% | ||
Minimum center-line radius of horizontal curves (feet) | ||||
Minor street | 200 | 250 | ||
Collector street | 350 | 400 | ||
Minimum right-of-way radius at intersections (feet) | ||||
Minor street | 25 | 30 | ||
Collector street | 30 | 35 | ||
Minimum pavement radius at intersections (feet) | ||||
Minor street | 15 | 20 | ||
Collector street | 20 | 25 | ||
Minimum length of vertical curves (feet) | ||||
Minor street, crest curve | 100, but not less than 20, for each 1% algebraic difference in grade | |||
Minor street, sag curve | 75, but not less than 15 for each 1% algebraic difference in grade | Same as crest curve | ||
Collector street, crest curve | 150, but not less than 30 for each 1% algebraic difference in grade | |||
Collector street, sag curve | 100, but not less than 25 for each 1% algebraic difference in grade | Same as crest curve | ||
Minimum length of tangent between reverse curves (feet) | ||||
Main street | 100 | 150 | ||
Collector street | 200 | 250 | ||
Minimum diameter of turnaround right-of-way (feet) | ||||
Permanent dead-end | 120 | 130 | ||
Temporary dead-end | 100 | 110 | ||
Minimum diameter of turnaround pavement (feet) | ||||
Permanent dead-end | 95 | 110 | ||
Temporary dead-end | 80 | 95 | ||
§ 295-131 Improvements.
Street improvements. Streets shall be graded and improved with pavement, sidewalks, curbs, gutters, street lighting standards, street signs, street trees, water mains, sanitary sewers, storm drains, fire alarm signal devices, fire hydrants and other utilities, except that the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of the public health, safety and welfare. The subdivider shall install underground service connections to the property line of each lot before the street is paved. Except where waivers are granted, all such grading and street improvements shall conform in all respects to these subdivision regulations and to the Village construction standards and specifications.
Drainage improvements.
The subdivider may be required by the Planning Board to carry away by pipe or open ditch any spring or surface water that may exist either previous to or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the Village construction standards and specifications.
Drainage facilities shall, in each case, be large enough to accommodate potential runoff from their entire upstream drainage area, whether inside or outside the subdivision, based on a one-hundred-year storm and assuming conditions of maximum potential development within the watershed as permitted by this chapter. The applicant shall be responsible for submitting such computations to the Superintendent of Public Works in sufficient detail to make possible the ready determination of the adequacy of the proposed drainage installations and the Superintendent of Public Works shall be responsible for reviewing these and preparing recommendations for the Planning Board.
The Planning Board may also require the subdivider to prepare a study of the effects of the subdivision on existing downstream drainage facilities. Where such study or the Planning Board, after an independent analysis, determines that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Planning Board shall notify the owner of such downstream facility of such potential condition and may withhold approval of the subdivision until provision has been made for the correction of said potential condition.
Underground utilities. In order to assure greater safety and improved appearance, all utility lines and related equipment for providing power and communication services shall be installed underground in the manner prescribed by the regulations of the utility company having jurisdiction. Underground utility lines shall be located outside of the traveled way of the streets but, except in unusual circumstances, within the street right-of-way. Underground service connections shall be provided to the property line of each lot before the street is paved and may pass under the traveled way of the street.
Other improvements.
Monuments.
Monuments shall be required wherever deemed necessary by the Planning Board to enable all property lines to be readily reproduced on the ground. In general, monuments shall be located no more than 500 feet apart on street lines, preferably at street, lot or easement corners or at points of curvature or tangency on curved streets, and spaced to be within sight of one another along lines entirely within the street right-of-way.
Monuments shall be set vertically in solid ground three inches above the ground surface with accurate reference to a permanently identifiable fixed point, and shall meet or exceed the construction requirements specified in the Village construction standards and specifications.
Traffic control and street signs. Traffic control and street signs shall be provided by the subdivider and placed at all intersections, within the street right-of-way, and in other locations as required by the approving authority. In the case of traffic control signs, their type and location shall be approved by the Chief of Police of the Village of Hastings-on-Hudson and, in the case of street signs, by the Superintendent of Public Works of the Village of Hastings-on-Hudson.
Street lighting standards. When required by the Planning Board, street lighting standards, of a design and location specified in the Village construction standards and specifications, shall be provided and installed by the subdivider.
Sanitary sewers and sewerage facilities, water mains and water supply facilities and fire hydrants. Where required by the Planning Board, the subdivider shall install sanitary sewers and sewerage facilities and/or water mains and water supply facilities and fire hydrants of the type and in a manner specified in the Village construction standards and specifications.
Fire alarm signal devices. Where required by the Planning Board, the subdivider shall install fire alarm signal devices, including necessary ducts, cables and other connecting facilities, of a type and in a manner and location prescribed by the appropriate fire district or other municipal agency having jurisdiction.
Street trees. The Planning Board may require the planting of street trees. Such trees shall be of a hardwood variety indigenous to the neighborhood, and shall be at least five inches' caliper at a height of five feet above ground level. Where they are required by the Planning Board, such trees shall be planted along both sides of the street, within the street right-of-way and spaced approximately 40 feet on center.
School bus pickup areas. The Planning Board may require that the subdivider reserve, clear, grade, pave and otherwise improve an area of such size and location as will provide a safe and suitable place for the use of children awaiting school buses. In general, the size of such area shall not be less than 100 square feet, and no dimensions shall be less than eight feet. Such area shall be included within the street right-of-way and shall be maintained by the holder of fee title to the street. The layout and design shall be subject to Planning Board approval.
§ 295-132 Lot specifications.
Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulty, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with this chapter, the Wetlands Law and the County Health Department regulations.
Driveways. Approximate driveway locations shall be shown on the construction plans. The maximum driveway gradient to the building site shall not exceed the limits contained in § 295-40 of this chapter, and the intersection of driveways with the road shall be so oriented and graded that vehicles may use the driveways safely. The Planning Board may require that the applicant submit necessary topographic and design information to demonstrate that the lot layout will allow driveways that meet these criteria and provide proper drainage.
Lot dimensions.
Except as provided elsewhere in these subdivision regulations or otherwise permitted by the Board of Trustees, lot area and dimensions shall comply with at least the minimum standards of this chapter for the district in which they are located. Where lots are more than double the minimum required area, the Planning Board may require that they be arranged so as to allow for further subdivision and the opening of future streets where necessary to serve such potential lots, all in compliance with this chapter and these subdivision regulations. Where, in the opinion of the Planning Board, lots of larger than minimum size are required for purposes of proper drainage, water supply, waste disposal or the preservation of important ecological features, the Planning Board may require such oversized lots as a condition of plat approval.
Side lot lines shall generally be at right angles to street lines (or radial to curving street lines) unless the Planning Board allows a variation from this rule to give a better street or lot arrangement. Dimensions of corner lots shall be large enough to allow for erection of buildings observing the minimum front yard setback from both streets.
Where a proposed subdivision includes an existing residence larger in size than can appropriately be placed on a lot of the minimum size permitted in the zoning district, the Planning Board may require that the lot be of such size and relationship to the proposed street system that the structure will be an appropriate and harmonious part of the subdivision.
Access from collector streets. Lots shall not, in general, derive access from a collector street, but shall front on a minor interior street. When driveway access from a collector street may be necessary for two or more adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit the possible traffic hazard on such street. Any such driveways, where permitted, shall be designed in such a way as to provide adequate and convenient area for the turnaround of vehicles so as to avoid requiring them to back into traffic on such streets.
Double frontage lots. Lots fronting on two streets, other than corner lots, shall be avoided except where deemed essential by the Planning Board in order to provide separation of residential development from major or collector streets, or to overcome problems of topography or orientation. The Planning Board may require access limitations and/or buffer landscaping for such double frontage lots where the Planning Board determines that such measures would be appropriate.
Water bodies. If a subdivision contains a water body or portion thereof, lot lines shall be drawn so as to distribute the entire ownership of the water body among the fees of the adjacent lots, unless the Planning Board approves an alternate plan whereby the ownership of and responsibility for the safety of the water body is so placed that it will not become a Village responsibility. No more than 25% of the minimum lot area required under this chapter may be satisfied by land which is under water or is defined as a wetland.
Access across a watercourse. Where a watercourse separates the buildable area of a lot from the street by which it has access, provision shall be made for the installation of a bridge, culvert or other draining facility, of a design approved by the Planning Board based upon, among other considerations, recommendation of the Superintendent of Public Works, to provide satisfactory access across such watercourse for fire, police or other emergency equipment.
Subdivision with land in two or more zoning districts or municipalities.
In general, a lot should not be divided by a zoning district or municipal boundary. If it is, however, necessary for a zoning district boundary to cross a lot, such lot shall be designed so that it can be readily developed in accordance with the standards of the more restrictive zoning district. If it is necessary for a municipal boundary line to cross a lot, the Planning Board may require suitable legal agreements to assure that the two portions of the lot will not be separated in the future and that the portion of the lot in the adjoining municipality will not be used for any purpose that would make it nonconforming if the entire lot were located within the Village of Hastings-on-Hudson.
Whenever a subdivision includes land in two or more zoning districts and/or municipalities, the location of the zoning district and/or municipal boundary lines shall be shown on the plat and, in addition, where zoning boundaries are involved, the following notation shall be added: "Existing zoning boundaries as of ________________, ____."
§ 295-133 Reservations and easements.
All reservations and easements shall be clearly indicated on the final subdivision plat, along with appropriate notations indicating the rights which exist with respect to each such reservation and/or easement.
Park reservations.
General standards.
The Planning Board may require that land be reserved within subdivisions containing residential units for a park or parks suitably located for playground or other recreational purposes. Such locations shall be as designated on the Zoning Map,[1] or as otherwise deemed appropriate by the Planning Board. Each reservation shall be of suitable size, dimensions, topography and general character and shall have adequate street access for the particular purpose or purposes envisioned by the Planning Board. The area shall be shown and marked on the plat as "Reserved for Park Purposes."
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
Before the Planning Board may require that land be reserved for park, playground or other recreational purposes, the Planning Board must make a finding that such requirement is warranted. Such a finding shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village, based on the projected population growth to which the particular subdivision plat will contribute.
Minimum size.
Areas for parks should be of reasonable size for neighborhood playgrounds or other recreational uses. In general, not less than 10% of the area of the subdivision shall be set aside for these purposes.
In general, sites reserved for park purposes shall have an area of at least one acre. The Planning Board may require the location of such areas along the boundary of a subdivision so that additional land may be added at such time as the adjacent property is subdivided.
Ownership of park area. The ownership of reservations for park purposes shall be clearly indicated on the plat and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance.
Cash payment in lieu of reservation.
Where the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in a subdivision, or where such a reservation is otherwise not appropriate or practical, the Planning Board may require, as a condition to approval of any such plat, a payment to the Village of a sum determined for such cases by the Board of Trustees.
In making the determination of suitability, the Planning Board shall assess the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood.
Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes pursuant to this section shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
Widening or realignment of existing streets. Where a subdivision borders an existing street that is narrower than the recommended right-of-way width as specified for such streets in these subdivision regulations, or where a subdivision borders an existing street planned for widening or realignment in such a way as to require the use of some land in the subdivision, the Planning Board may require the subdivision plat to show such areas that shall be marked "Reserved for Street Realignment (or Widening) Purposes." Land reserved for such purposes may not be counted in satisfying yard or area requirements of this chapter.
Utility and draining easements.
Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights-of-way, perpetual unobstructed easements of at least 15 feet in width shall be provided for such utilities or drainage facilities across properties outside the street lines and with satisfactory access to the street. Drainage easements shall extend from the street to the watercourse or other drainage facility, and shall convey to the holder of fee title of the street the perpetual right to discharge stormwater runoff from the street and the surrounding area onto and over the affected premises by means of pipes, culverts or ditches, or a combination thereof, together with the right to enter said premises for the purpose of making such installations and doing such maintenance work as the holder of such fee title may deem necessary to adequately drain the street and the surrounding area.
When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured in a form satisfactory to the Village Attorney and suitable for recording in the office of the County Clerk.
Slope easements. Where determined appropriate by the Planning Board, the Planning Board may permit an embankment alongside a proposed street to extend beyond the normal right-of-way of such street, provided that a slope easement is granted, conveying to the holder of fee title of the street the right to enter the premises for the purpose of maintaining such slope. Where the embankment slope is located on private land outside the subdivision, such easement shall be permitted only where the appropriate rights have been secured in a form satisfactory to the Village Attorney and suitable for recording in the office of the County Clerk.
Sight easements. Sight easements shall be provided across all street corners, outside the street right-of-way, within the triangular area formed by the nearest edges of street pavement and a straight line between two points each 75 feet back from the theoretical intersection of the edges of such pavement prolonged. The easements shall provide that the holder of fee title to the abutting streets shall have the right to enter the easement area for the purpose of clearing, pruning or regrading so as to maintain a clear line of sight in either direction across such triangular area between an observer's eye 3 1/2 feet above the pavement surface on one street and an object one foot above the pavement surface on the other. The initial establishment of clear sight lines within the sight easement area shall be the responsibility of the subdivider.
Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from streets to schools, parks or neighboring areas, the reservation of perpetual unobstructed easements of at least 10 feet in width for such purposes and the construction of walkways thereon.
§ 295-133.1 Affordable housing set-aside.
[Added 1-8-2013 by L.L. No. 1-2013]
Any subdivision creating eight or more lots that is not also undergoing site plan review shall require the set-aside of at least 15% of the lots for the development of affordable housing units or workforce housing units, as defined in § 295-5. At least 2/3 of such lots shall be set aside for development as affordable housing units. The remaining 1/3 of such lots shall be set aside for development as either affordable housing units or workforce housing units. All such affordable and workforce housing units shall be subject to the provisions of § 295-112.1 of this chapter.
The Planning Board shall include in the resolution granting subdivision approval conditions to insure that construction of the affordable and/or workforce housing units will be substantially completed before certificates of occupancy are granted for houses on at least 20% of the unrestricted lots.
§ 295-134 Self-imposed restrictions.
The subdivider may place restrictions on any of the land contained within the subdivision that are greater than those required by this chapter. Such restrictions shall be indicated on the final subdivision plat.
§ 295-135 Modification of regulations.
Where the Planning Board finds that, because of the special circumstances of a particular case, extraordinary hardship may result from strict compliance with these subdivision regulations, it may modify the regulations so that substantial justice may be done and the public interest secured; provided, however, that any such modification will be consistent with the spirit and intent of these subdivision regulations, all Village laws and the Zoning Map of the Village of Hastings-on-Hudson.[1] In permitting any such modification, the Planning Board shall attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the standard or requirement so modified.
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
§ 295-136 Application for area variance.
Notwithstanding any provision of law to the contrary, where a plat contains one or more lots that do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 295-146 of this chapter, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. Where such an application is made to the Zoning Board of Appeals, the Planning Board shall provide the Zoning Board with a written recommendation concerning the proposed variance.
§ 295-137 Subdivision abandonment.
The owner of an approved subdivision may abandon such subdivision pursuant to the provisions of § 560 of the Real Property Tax Law.
