Village of Cooperstown, NY Subdivision of Land

Prior to the filing of an application for conditional approval of the preliminary layout, the subdivider shall submit to the Planning Board through the Codes Official a sketch plan and data as specified in § 245-5. This step does not require formal application, fee or filing of plat with the Planning Board.

If any part of the subdivision is in a flood hazard location, the Codes Official shall review the proposals to assure that all proposals are consistent with the need to minimize flood damage, all public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage, and adequate drainage is provided so as to reduce exposure to flood hazards. He shall also provide for such subsequent steps and procedures as may be necessary in the preparation of the preliminary layout and the final plat to ensure that all requirements for adequate protection against flood damage are met.

Within 45 days, the Planning Board shall inform the subdivider that the plans and data as submitted or as modified do or do not meet the objectives of this chapter, and it shall express its reasons therefor. The subdivider shall also consult the New York State Department of Health, the regulations of which Department regarding the preparation and submission of plans for realty subdivisions are in addition to those listed herein. After an inspection and percolation tests have been made of the property, the engineer or surveyor shall proceed to prepare the preliminary layout.

Procedure for conditional approval of preliminary layout.

On reaching conclusions informally as recommended in Subsection A above regarding his general program and objectives, the subdivider shall cause to be prepared a preliminary layout, together with improvement plans and other supplementary material as specified in § 245-5.

Two copies of the preliminary layout and supplementary materials specified shall be submitted to the Planning Board, through the Codes Official, with two copies of the application for conditional approval, at least 14 days prior to the meeting at which it is to be considered.

Following review of the preliminary layout and other material submitted for conformity thereof to this chapter and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him, the Planning Board shall conduct a public hearing on the preliminary layout and act thereon in accordance with Village Law § 7-728, Subdivision 5, and, if approved, the Planning Board shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefor. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The action of the Planning Board shall be noted on two copies of the preliminary layout, referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the Planning Board.

For any subdivision or portion of subdivision, the Planning Board will state in writing the character and extent of the required public improvements for which waivers may have been requested and which, in the opinion of the Planning Board, may be waived without jeopardy to public health, safety, morals and general welfare or which are inappropriate because of inadequacy or lack of connecting facilities adjacent to or in proximity to the proposed subdivision.

Conditional approval of a preliminary layout shall not constitute approval of the final plat. Rather, it shall be deemed an expression of general approval of the layout submitted as a guide to preparation of the final plat, which will be submitted for approval and recording upon fulfillment of the requirements of this chapter and conditions of conditional approval.

Procedure for approval of final plat.

The final plat shall conform substantially to the preliminary layout as approved and, if desired by the subdivider, may constitute only that portion of the approved preliminary layout which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of this chapter.

Three copies of the final plat and applications for approval and other exhibits required for approval shall be prepared as specified in § 245-5 and shall be submitted to the Planning Board, through the Codes Official, within six months after approval of a preliminary layout; otherwise such approval shall become null and void unless an extension of time is applied for and granted by the Planning Board.

Each copy of the final plat shall have met the requirements and been approved by the State Department of Health and shall be submitted to the Planning Board at least 14 days prior to the meeting at which it is to be considered.

When a final plat is submitted which the Planning Board deems to be in substantial agreement with the preliminary layout approved pursuant to this section, 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 of its receipt by the Clerk of the Planning Board. If the Planning Board determines that the final plat is not in substantial agreement with the approved preliminary layout, the final plat shall be subject to the review and hearing procedures of Village Law § 7-728, Subdivision 6.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

If the final subdivision plat is approved by the Planning Board, a notation to that effect will be made on the face of the original drawing or on the linen prints. One copy will be retained by the Planning Board, and the other two copies will be returned to the owner, one of which he may then file with the County Clerk.

When an application for subdivision review and approval involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Planning Board shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing. Notice shall also be provided to the county planning agency if required by § 239-n of the General Municipal Law.[3]

[3]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 245-3 Design standards.

Streets.

The arrangement, character, extent, width, grade and location of all streets shall conform to such Official Map or Comprehensive Area Development Plan as may exist and shall be considered in relation to existing and planned streets, to topographic conditions, to public convenience and safety, and to the proposed uses of land to be served by such streets.

Where possible, the arrangement of streets in a subdivision shall provide for the continuation or appropriate projection of existing principal streets in surrounding areas.

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

Where a subdivision abuts or contains an existing or proposed arterial street, or borders on or contains a railroad or limited access right-of-way, the Planning Board may require marginal access or parallel streets, or such other treatment as may be necessary for adequate protection of residential properties, separation of through and local traffic, or space for appropriate development of intervening land.

Reserve strips controlling access to streets shall be prohibited, except where their control is definitely placed in the Village of Cooperstown under conditions approved by the Planning Board.

Street jogs with center-line offsets of less than 125 feet shall not be permitted.

(7)

A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

(8)

When continuing street lines of collector streets deflect from each other at any one point by more than 10°, they shall be connected by a curve with a radius at the inner street right-of-way line of not less than 350 feet; where continuing street lines of arterial streets deflect from each other by more than 5°, they shall be connected by a curve of not less than eight-hundred-foot radius.

(9)

Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than 75°. Any change in street alignment to meet this requirement shall occur at least 100 feet from the intersection.

(10)

Property lines at street intersections shall be rounded with a radius of 10 feet, or of a greater radius where the Planning Board may deem it necessary. The Planning Board may permit comparable cutoffs or chords in place of rounded corners.

(11)

Street right-of-way widths shall be not less than as follows:

	Street Type	Right-of-Way (feet)
	Arterial	100, or as determined after consultation with local authorities.
	Collector	60
	Minor	50
	Marginal access	50

(12)

Half streets shall be prohibited.

(13)

Culs-de-sac shall not be longer than 500 feet and shall be provided with a turnaround at the closed end having a street right-of-way line diameter of at least 120 feet (temporary turnarounds may have a diameter of 100 feet); however, they may be longer when in the judgment of the Planning Board they do not impose any problem and constitute a positive design feature.

(14)

No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Planning Board.

(15)

Street grades, wherever feasible, shall not exceed the following, with due allowance for reasonable vertical curves:

	Street Type	Percent Grade
	Arterial	5%
	Collector	5%
	Minor	8%
	Marginal access	8%

(16)

No street grade shall be less than 0.5%.

Alleys.

Alleys may be provided in residential, business and commercial districts, subject to the specific approval of the Planning Board.

The width of an alley shall be not less than 20 feet.

Alley intersections and sharp changes in alignment shall be avoided, but where necessary corners shall be cut off sufficiently to permit safe vehicular movement.

Dead-end alleys shall be avoided where possible, but if unavoidable shall be provided with adequate turnaround facilities at the dead end, as determined by the Planning Board.

Easements.

Easements across lots or centered on rear or side lot lines shall be provided for utilities where they are anticipated. The Planning Board may require easements of such widths as it deems necessary.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and of such width and construction as will be adequate for the purpose.

Blocks.

The lengths, widths and shapes of blocks shall be determined with due regard to:

Provision of adequate building sites suitable to the special needs of the type of use contemplated;

Zoning requirements as to lot sizes and dimensions;

Need for convenient access, circulation, control and safety of street traffic; and

Limitations and opportunities of topography.

Block lengths shall not exceed 1,600 feet nor be less than 400 feet.

Pedestrian crosswalks, not less than 10 feet wide, shall be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.

Lots.

The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

Lot dimensions shall conform to the requirements of Chapter 300, Zoning, and:

Minimum residential lot sizes where not served by public sewer shall be determined by the New York State Department of Health.

Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.

The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.

Double frontage and reverse frontage lots should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantage of topography and orientation. A planting screen easement of at least 10 feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such traffic artery or other disadvantageous use;

Side lot lines shall be substantially at right angles or radial to street lines.

Public sites and open spaces.[1]

Where a proposed park or playground shown in a Comprehensive Area Development Plan is located in whole or in part in a subdivision, the Planning Board may require the dedication or reservation of such areas within the subdivision in those cases in which the Planning Board deems such requirements to be reasonable.

Where deemed essential by the Planning Board, upon consideration of the particular type of development proposed in the subdivision, and especially in large-scale developments not anticipated in the Comprehensive Area Development Plan, the Planning Board may require the dedication or reservation of such areas or sites of a character, extent and location suitable to the needs created by such development for parks. This dedication or reservation shall comprise 5% of the entire subdivision area and may be waived upon the determination of the Planning Board that such dedication or reservation is not necessary.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Street trees.

No trees shall be planted within the street right-of-way.

Trees are to be planted parallel to the street right-of-way and between five and 10 feet outside the right-of-way lines.

There shall be at least one tree per lot width, two trees per lot or corner lot.

The type of trees to be planted shall be subject to approval by the Planning Board.

§ 245-4 Required improvements.

Monuments. Monuments shall be placed at all block corners, angle points, points of curves in streets, and at intermediate points as shall be required by the Codes Official. The monuments shall be of such material, size and length as may be approved by the Codes Official.

Utility and street improvements.

Utility and street improvements shall be provided in each new subdivision as follows:

Streets.

Cross-section as determined by the Codes Official and the Planning Board.

Grading and center-line gradients, pavement base and wearing surface curbs and gutter as per specifications prepared by the Codes Official and approved by the Planning Board and in accordance with plans and profiles approved by the Codes Official.

Storm sewer system and other drainage improvements, including driveway culverts, in accordance with plans approved by the Codes Official.

Sidewalks along arterials and collector streets and at such locations as the Planning Board may deem necessary, in accordance with plans and specifications to be approved by the Codes Official.

Water mains in accordance with plans approved by the Codes Official and the Planning Board.

Sanitary sewers in accordance with plans approved by the Codes Official and the Planning Board.

Street name signs, the design of which must be approved by the Planning Board, at all intersections.

Construction specifications for street improvements will be as prepared by the Codes Official or, at his discretion, may be based on those found in "Neighborhood Standards for Northeastern New York," Land Planning Bulletin No. 3, Federal Housing Administration, Albany, New York, as amended from time to time.

The developer shall furnish a performance bond sufficient to cover the full costs of the construction of such utility and street improvements as may be required by the Planning Board in accordance with § 7-730 of the Village Law. The developer may install such utility and street improvements at his own cost and expense or, in the alternative, may secure the formation of a special district to install such utility and street improvements pursuant to the laws of the state.

§ 245-5 Plats and data.

Preapplication plans and data.

General subdivision information shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required below. If the Codes Official so requests, this information will include data on existing covenants, land characteristics and available community facilities and utilities and information describing the subdivision proposal, such as number of residential lots, typical lot width and depth, price range, business areas, playgrounds, park area and other public areas, proposed protective covenants and proposed utilities and street improvements.

Location map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. It shall also serve to include the development name and location; main traffic arteries; shopping centers; elementary and high schools; parks and playgrounds; principal places of employment; other community features such as hospitals and churches; title; scale; North arrow and date.

Sketch plan on topographic survey map shall show in simple sketch form the proposed layout of the streets, lots and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey. In any event, the sketch plan shall include either the existing topographic data listed in Subsection B(1) below or such of these data as the Planning Board determines is necessary for its consideration of the proposed sketch plan.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Plats and data for conditional approval.

Topographic data required as a basis for the preliminary layout in Subsection B(2) below shall include existing conditions as follows, except when otherwise specified by the Planning Board:

Boundary lines: bearings and distances;

Easements: location, width and purpose;

Streets on and adjacent to the tract: name and right-of-way width and elevation of surfacing; any legally established center-line elevations; walks, curbs, gutters, culverts, etc.;

Utilities on and adjacent to the tract: location, size and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gaslines, fire hydrants, electric and telephone poles, and streetlights; if water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to and size of nearest ones, showing invert elevation of sewers;

Ground elevations on the tract, based on a datum plane approved by the Codes Official:

For land that slopes less than approximately 2%, show spot elevations at all breaks in grade, along all drainage channels and ditches or swales, and at selected points not more than 100 feet apart in all directions;

For land that slopes more than approximately 2%, either:

[a]

Show contours with an interval of not more than five feet if ground slope is regular and information is sufficient for planning purposes; or

[b]

Show contours with an interval of two feet if necessary because of irregular land or if need is apparent for more detailed data for preparing plans and construction drawings.

Subsurface conditions on the tract, if required by the Planning Board: location and results of tests made to ascertain subsurface soil, rock and groundwater conditions; depth to groundwater unless test pits are dry at a depth of five feet; location and results of soil percolation tests if individual sewage disposal systems are proposed;

Other conditions on the tract: watercourses, marshes, rock outcrop, wooded area, isolated preservable trees one foot or more in diameter, houses, barns, shacks and other significant features;

(h)

Other conditions on adjacent land: approximate direction and gradient of ground slope, including any embankments or retaining walls; and other nearby nonresidential land uses or adverse influence; owners of adjacent unplatted land; for adjacent platted land, refer to subdivision plat by name, recordation date and number, and show approximate percent built up, typical lot size, and dwelling type;

(i)

Photographs, if required by the Planning Board: camera location, directions of views and key numbers;

(j)

Zoning: on and adjacent to the tract;

(k)

Proposed public improvements: highways or other major improvements planned by public authorities for future construction on or near the tract;

(l)

Key plan: showing location of the tract;

(m)

Title and certificate: present tract designation according to official records in the office of County Clerk; title under which proposed subdivision is to be recorded, with names and address of owners, notation stating acreage, scale, North arrow, datum, bench marks, certification of registered civil engineer or surveyor, data of survey.

Preliminary layout shall be at a scale of 200 feet to one inch or larger. It shall show all existing conditions required above in Subsection B(1), Topographic data, and shall show all proposals, including the following:

Streets: names; right-of-way and roadway widths; approximate grades and gradients; similar data for alleys, if any;

Other rights-of-way or easements: location, width and purpose;

Location of utilities, if not shown on other exhibits;

Lot lines, lot numbers and block numbers;

Sites, if any, to be reserved or dedicated for parks, playgrounds, or other public uses;

Sites, if any, for multifamily dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings;

Minimum building setback lines;

(h)

Site data, including number of residential lots, typical lot size, and acres in parks, etc.;

(i)

Title, graphic scale, North arrow and date.

Other preliminary plans. When required by the Planning Board, the preliminary layout will also show finished or final contours and shall be accompanied by profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposes subdivisions; typical cross sections of the proposed grading, roadway and sidewalk; and preliminary plan of proposed sanitary and stormwater sewers with grades and sizes indicated. All elevations shall be based on a datum plan approved by the Codes Official.

Draft of protective covenants whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development.

Plats and data for final approval.

Final plat shall be drawn in black waterproof ink on tracing cloth of sheets the size of which shall be not less than 8 1/2 inches by 11 inches or more than 24 inches by 36 inches, the scale shall be 50 or 100 feet to the inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Planning Board. The final plat shall show all existing conditions required in Subsection B(1) and (2) above and, in addition, shall show:

A title stating that the plan is a final plat and the name of the subdivision;

Certification of title showing that applicant is the owner;

Location by farm lot or military lot or other recognized division, and position within such division;

Name and address of owner;

Name, license number and seal of the surveyor, and his certification of the accuracy of survey and plat;

Primary control points approved by the Codes Official, or descriptions and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred;

Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites; with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves;

(h)

Location and description of monuments;

(i)

Names of record owners of adjoining unplatted land;

(j)

Reference to recorded subdivision plats of adjoining platted land by record name, date and number.

Cross sections and profiles of streets showing grades approved by the Codes Official. The profiles shall be drawn to standard scales and elevations and shall be based on datum plane approved by the Codes Official.

A certificate by the Codes Official certifying that the subdivider has complied with one of the following alternatives:

All improvements have been installed in accord with the requirements of this chapter and with the action of the Planning Board giving conditional approval of the preliminary layout; or

A bond or certified check has been posted which is available to the municipality and in sufficient amount to assure such completion of all required improvements.

Offers of cession by the owner, dedicating streets, rights-of-way and any sites for public uses, and notation of the streets, highways and parks specifically reserved to the owner.

Protective covenants in form for recording, including covenants governing the maintenance of unceded public spaces or reservations.

Other data. Such other certificates, affidavits, endorsements or agreements as may be required by the Planning Board in the enforcement of this chapter.

§ 245-6 Variances.

The Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Large-scale development. The standards and requirements of this chapter may be modified by the Planning Board in the case of a plan and program for a neighborhood unit which, in the judgment of the Planning Board, provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will ensure conformity to and achievement of the plan.

Conditions. In granting waivers and modifications, the Planning Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived or modified.[2]