VILLAGE OF SARANAC LAKE SUB DIVISION REGULATIONS ARTICLE 8

Transcription

1 ( VILLAGE OF SARANAC LAKE SUB DIVISION REGULATIONS ADOPTED: APRIL 22, 2002 VILLAGE OF SARANAC LAKE SUB DIVISION REGULATIONS ARTICLE 8 BY: SHELDON DAMSKY, ESQ

2 ARTICILE 8 SUBDIVISION REGULATIONS Section 8.01 Jurisdiction Classification of Subdivisions A. Whenever any subdivision ofland is proposed, and before sale of any lot in the proposed subdivision or any part thereof is made, and before any construction of subdivision roads or improvements, and before any permit for the erection ofany structure in the proposed subdivision shall be granted, the subdivider shall make application for and shall receive approval in accordance with the procedures set forth in this Article and Section of the Village Law. B. The Planning Board and, to the limited extent provided herein, the Development Administrator, are more specifically authorized and empowered to approve or disapprove the following: 1. All maps or plats showing lots, blocks or sites, with or without streets or highways, including the development ofplats already filed in the County Clerk's Office if such plats are entirely or partially undeveloped and, 2. Changes in the lines of existing streets, highways or public areas shown on subdivision plats or maps already filed in the county Clerk's Office. Notwithstanding the foregoing, this Article shall not apply to any subdivision or portion thereofwhich has been substantially commenced and subject ofsubstantial expenditures prior to the effective date ofthis local law. C. There shall be two classifications of subdivisions, as follows: ''Minor Subdivision" means any subdivision involving less than five lots or parcels, and not involving a new public or private road. In counting lots to detemiine whether a subdivision is "minor", proposals by related entities or persons, or entities or persons acting in concert, will be considered together as one project. Moreover, all10ts created out ofa given parcel, after or persons, or entities or persons acting in concert, shall be counted toward the five-lot threshold. "Major Subdivision" means any subdivision which is not a Minor Subdivision D. Ifa proposed subdivision is a Minor Subdivision, the subdivider shall comply with the procedures outlined in Section 8.02 ofthis Article. Ifthe proposed subdivision is a Major Subdivision, the subdivider shall comply with the procedures outlined in Section 8.03 of this Article.

3 Section 8.02 Review ofminor Subdivisions A. Applications for approval ofa Minor Subdivisions shall be submitted to the Development Administrator. B. Within 15 days ofreceipt ofa completed Minor Subdivision application, the Development Administrator shall either: 1. Approve the application, ifit meets the standards ofparagraph of this section; or 2. Disapprove the application, it does not meet said standards; or 3. Refer the application to the Planning Board, ifhe is uncertain as to whether said standards are met; if such a referral is made, the Planning Board shall have a additional Thirty (30) days within which to make a decision, unless it decides within its discretion to hold a public hearing, in which case it shall have an additional 45 days. C. The Development Administrator, or the Planning Board upon referral from the Development Administrator, shall not approve a Minor Subdivision unless each ofthe following standards are met: 1. Each lot will be ofa size that a building or use may be practicably sited on the lot in compliance with the dimensional requirements ofthis Code; and 2. Each lot will have an adequate and practical means of access to a public highway, which will not create a safety hazard in terms ofdriveway grade or slight distances, and an adequate and practical means ofaccess to necessary utility services. D. The standards ofparagraph ofthis Section shall not apply to Minor Subdivisions with 1) would merely represent boundary adjustments or additions to existing lots and 2) would not render non-conforming any lot or building which presently is conforming. E. Decisions ofthe Development Administrator or the Planning Board shall be in writing, and a copy ofeach decision by the Development Administrator shall be furnished to the Planning Board Chairman. Approvals shall be in the form ofa Subdivision Permit. The Planning Board shall have the authority in its discretion to impose reasonable conditions in any approval ofa Minor Subdivision. F. Ifthe Development Administrator disapproves a :Minor Subdivision, the subdivider may request the Planning Board to reconsider the matter. Section 8.03 Review ofmajor Subdivisions A. There shall be two stages to the review ofa Major Subdivision-the Preliminary Plat and the Final Plat. E. Preliminary Plat applications shall be submitted to the Development Administrator. The subdivider, or his duly authorized representative, shall thereafter attend a meeting ofthe PlanningBoard to discuss the Preliminary Plat and any deficiencies or problem areas which may exist. ThePlanning Board may hold a public information meeting on a Preliminary Plat, within its discretion. C. Within Sixty (60) days ofits receipt ofa completed Preliminary Plat application, the Planning Board shall either conditionally approve the Preliminary Plat, with or without modifications, or disapprove the Preliminary Plat. The Board's decisions shall be based upon the criteria and design standards of Section 8.04 ofthis Article. Failure to take action on a Preliminary Plat within said time period shall be deemed conditional approval.

4 ofthe Plat. D. When conditionally approving a Preliminary Plat, the Planning Board shall state in writing: 1. The specific changes which it will require in the Final Plat 2. The character and extent ofthe required improvements for which waivers may been specifically requested and which in the Board' opinion may be waived, without jeopardy to the public health, safety and general welfare and 3. Information as to the categories ofimprovement for which performance guarantees will be required as a requisite to approval ofthe Final Plat, and the amounts thereof, ifthen ascertainable. E. The Action of the Planning Board plus any conditions attached thereto shall be noted on three copies of the Preliminary Plat. One copy shall be returned t.o the subdivider, one shall be retained by the Planning Board, and one shall be forwarded to the Village Board. F. The Application for approval ofa Final Plat shall be submitted to the Development Administrator within six (6) months after conditional approval, with or without modifications, ofthe Preliminary Plat. G. Ifdesired by the subdivider, the Final Plat may consist only of that portion of the approved Preliminary which is proposed for recording and development at the time, provided that such portion conforms to all applicable requirements ofthis Code and that the subdivision is being submitted for approval progressively in contiguous sections satisfactory to the Planning Board H. The Planning Board shall hold a public hearing on a Final Plat application. Public hearing guidelines to be the same as for site plan review (see section 7.09C). 1. Within 60 days from the date ofsubmission ofa completed Final Plat application, the Planning Board shall either approve, conditionally approve, with or without modification, or disapprove the Final Plat, based upon the criteria and design standards of Section 8.04 oftrus Article. The Planning Board may in its decision require reasonable additional changes in the Final Plat which were not prescribed as part ofthe Preliminary Plat approval, as a result ofthe Board's further study ofthe Plat in the final form or as a result ofthe public hearing. Failure to take action on a final plat within Sixty (60) day time period shall be deemed approval ofthe plat. J. Ifconditional approval ofa Final Plat is granted, the Planning Board shall empower its Chairman to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution ofconditional approval, which shall be in the form ofa Subdivision Permit. Within Five (5) days ofthe resolution granting conditional approval, the Final Plat shall be so certified by the Chairman ofthe Planning Board as mailed to the subdivider, which copy shall include a statement of such requirements which, when completed, will authorize the signing ofthe conditionally approved Final Plat. Conditional approval ofa Final Plat shall expire 180 days after the date ofthe resolution granting such approval unless the conditions and requirements have been certified by the Board as satisfactorily completed with that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, ifin its opinion such extension is warranted, for a period not to exceed two additional periods of Ninety (90) days each. K. No lot in a Major Subdivision may be sold unless and until the Final Plat has been approved by the Planning Board, signed by the Chairman ofthe Planning Board and filed in the appropriate County Clerk's Office as required by law. 1. Every roadway shown on a Plat that is hereafter approved and/or filed in the office of the appropriate County Clerk shall be deemed to be a private roadway until such

5 time as it has been formally offered for cession to the Village and formally accepted as a public road by resolution ofthe Village Board; or alternatively, until it has been condemned by the Village for use as a public roadway. Section 8.04 Review Criteria and Design Standards The criteria and design standards set forth in this Section shall be applied by the Planning Board in its Major Subdivision review. A. General 1. Only land which is suitable for safe human occupancy shall be used for development. 2. Development should blend harmoniously with the surroundings, induding the topography, vegetation and other natural features. 3. Development should avoid the need for costly land alterations or elaborate engineering to overcome adverse site conditions. B. General Layout 1. All streets shall be logically related to natural features. Steep slopes with a high water table shall be avoided. The number of stream crossings should be minimized. 2. Blind intersections and closely-spaced street jogs shall not be pennitted. Streets should meet at right angles or as near right angles as possible. 3. Dead-end or loop street layouts shall include an easement to allow a future through-connection ifthe Planning Board deems it appropriate. 4. Subdivisions with 20 lots or more shall have at least two (2) street connections to public streets. 5. All subdivisions roads shall have a right-of-way which is at lease Fifty (50) feet in width, and excepting private roads as herein defined, shall meet the following standards: 12" crowned compacted gravel base 20' wide driving surface, with each travel lane being pitched at a minimum of3/8" per l' 5' wide shoulders, with a minimum of 1' pitch per l' 20' radius at street intersections 12% maximum grade 3% maximum grade within 50 feet ofany intersection 20 m.p.h. minimum and 50 m.p.h. maximum design speed for alignments and curves for roads to be dedicated to the Village, a 4' blacktop driving surface shall be provided. Subdivision roads which are proposed to be private roads shall not be required to

6 comply with the foregoing standards ofthis subparagraph (5), but instead shall have, at a minimum, a 16' wide driving surface, 3' wide shoulders, a maximum grade of15%, and an adequate gravel driving Burface which will be passable by emergency vehicles at all times ofthe year. The deed of conveyance to any subdivision lot served by a private road shall include a covenant clearly informing the purchaser that said private road is not constructed to Village specifications, is not eligible to be a Village street, and will not be maintained by the Village under any circumstances. Any proposal for a private subdivision road shall also provide for a homeowners association which shall have the responsibility of maintaining such road, and which shall be comprised (on a mandatory basis) ofall owners oflots fronting on said private road, and no such lot shall be sold unless and until an Offering Plan for such association has been reviewed and accepted by New York State Department oflaw. 6. Proper roadway drainage facilities shall be installed where required by topographic or other engineering factors. Reinforced concrete pipe or corrugated metal pipe shall be used throughout for all culverts or surface drainage systems. Drainage shall be accommodated by one or a combination ofthe following: A roadside ditch whose flowline elevation shall be a minimum of 18" below the finished centerline grade A concrete or asphalt gutter; or A concrete or asphalt curb with a storm sewer 7. Road ditches shall be designed to have a minimum hydraulic capacity equal to the peak runoff rate from a five year 24 hour rainfall. Drainage culverts shall be of adequate size and so located as to maintain pre-construction surface drainage patterns, provided such patterns were acceptable prior to construction. 8. Catch basins, manholes, seepage drains, reinforced concrete pipe or other drain appurtenances and all underdrains shall be installed, constructed, connected and designed to discharge in accordance with the direction and requirements ofthe Village, if such devices are to be employed. 9. Stream crossings shall be roughly at right angles, and bridge structures or culverts shall be designed to carry the peak runoffrate from: A twenty five year, 24 hour rainfall ifthe contributing drainage area is between one and four square miles A hundred year, 24 hour rainfall ifthe contributing drainage area is more than four square miles. 10. Maximum cut and fill slopes shall be: 2: 1 fill and for cuts in coarse sand and gravel 2 'l2 ;1 for cuts in fill or silty sand 3: 1 in sandy silt 4: 1 in silt, sandy clay or clay 11. Clearing and grubbing is required before fill. Fill shall be deposited in 12 inch layers. 12. Turnarounds at the end ofany dead-end road shall have a right-of-way width, and

7 C. Sidewalks pavement dimensions, which are sufficient to permit vehicles to be turned around safely and conveniently. 13. Construction of roads and utilities shall be phased to prevent conflicts or redundant work. 14. Cleared areas associated with road and utility construction, except road surfaces and shoulders, shall be planted with suitable grasses or ground cover following final grading and shall also be appropriately stabilized to prevent erosion during the construction phase. Ditch bottoms shall be planted, paved, riprapped or otherwise designed to minimize soil erosion. Concrete sidewalks at least five (5) feet wide and four (4) inches thick shall be installed where required for pedestrian safety, as may be specified by the Planning Board, provided that sidewalks shall not be required in the case of subdivisions utilizing private roads as defined above. D. Street names shall be subject to the approval ofthe Planning Board and the Village Board E. Lots F. Utilities 1. Lots shall conform with the dimensional regulations ofthe Code 2. Lot boundaries and shapes should be suitable to the topography. Lot lines should be at approximately right angles to street lines unless a different alignment will result in a better plan. 3. Driveways should not exceed a 12% grade, or a 5% grade within 50' ofa connecting street. 1. All Major Subdivisions shall include satisfactory provision for connections to existing public water and sewer lines, in compliance with all applicable Village Codes or regulations or law. Otherwise, on-site water supply and sewage disposal facilities shall meet the pertinent standards ofthe New York State Department of Health. 2. Electric, telephone, cable television and available utilities shall be arranged for by the subdivider and located as directed by the Planning Boardin accord with any Public Service Commission requirements and as approved by the local utility companies. 3. Wherever physically possible and where the size, location and present service permits, utilities shall be placed underground and in the road right-of-way, between the roadway surface and road right-of-way lines or in a consistent location within individual property lines to simplify location and repair oflines when they require attention. 4. The subdivider shall install such underground service or lateral connections as are required to the property line of each lot within the subdivision for all required utilities at the time ofinstahation, and before the roadway is surfaced. G. Parks, Open Space and Natural Features 1. At least 5% ofthe area ofthe major subdivision shall be devoted to public open

8 space (park, playground, etc.), though the Planning Board may waive this requirement if, on a given tract, no reasonable purpose would be served by its enforcement. 2. The subdivider shall use best efforts to preserve natural features on the tract to be subdivided, including: H. Drainage and Runoff Large trees or unusual grove oftrees Watercourses and waterfalls Scenic vistas 1. Storm and surface drainage shall be designed for a tract ofland to be subdivided in relation to the drainage area above the tract and drainage outlets into adjacent tracts. Drainage systems must be sufficient to handle discharge from the entire drainage area whether inside or outside the subdivision, based on the following: a. A ten-year, 24-hour rainfall, ifthe contributing drainage area is one square mile or less; b. A twenty -five year, 24-hour rainfall, ifthe contributing area is between one and four square miles; or c. A one hundred year, 24-hour rainfall, ifthe contributing drainage area is more than four square miles. 2. Drainage structures and facilities shall be installed as necessary to assure adequate drainage for the tract, and drainage easements shall be provided where necessary. 3. No subdivision shall be approved where anticipated runoffincidental to the subdivision development will overload existing downstream facilities or capacity, unless the subdivider will sufficiently improve said downstream facilities, at his own cost or on terms as may be otherwise acceptable to the Village Board. Section 8.05 Required Improvements and Performance Guarantees Prior to the signing of a Final Plat by the Chairman ofthe Planning Board (and hence, prior to the sale ofany lot), the subdivider shall either: A. Receive a certification from the Planning Board that, upon inspection by Village Officials, he has actually satisfactorily completed the streets, utilities and other required improvements (including drainage improvements, ifany), or B. Post a Perfonnance Guarantee (bond, letter ofcredit or the like) to guarantee satisfactory completion of said improvements, in an amount specified by the Planning Board, which Guarantee shall be acceptable to the Village Attorney and the Village Board pursuant to Section ofthe Village Law, which Guarantee will be released upon an inspection by Village Officials which discloses that the improvements in question have actually been satisfactorily completed; or C. Engage in some combination of(a) and (b) which is acceptable to the Planning Board, Village Attorney and Village Board.

9 The foregoing provisions may be utilized in respect to an entire subdivision or any phase or portion ofa subdivision (provided the manner in which the subdivision is being phased would not be contrary to the purposes and intent ofthis Code). Section 8.06 Other Provisions A. The Planning Board may waive, by specific resolution, subject to appropriate conditions and guarantees, for such period as it may determine, the requirements of the Article relative to the provision and design ofany or all required improvements which in its judgment ofthe special circumstances ofa particular plat or plats are not necessary or reasonable, or requisite to the interests ofthe public health, safety and general welfare ofthe Village. R No changes, erasures, modifications, or revisions shall be made in any Plat after approval has been given by the Planning Board and endorsed in writing on the Plat, unless the said plat is first resubmitted to the Planning Board and such Board approves in writing any such modifications.