[HISTORY: Adopted by the Board of Trustees
of the Village of Babylon 2-9-1960 (Ch. 215 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 38.
Architectural review — See Ch. 84.
Building construction and fire prevention — See Ch. 96.
Excavations — See Ch. 142.
Housing standards — See Ch. 199.
Installation of poles, wires and pipelines — See Ch. 265.
Stormwater management and erosion and sediment control — See Ch. 305.
Zoning — See Ch. 365.
As used in this chapter, the following terms
shall have the meanings indicated:
The Planning Board of the Village of Babylon.
The owner of property or his agent engaged in creating a
subdivision.
The duly designated Engineer of the Village of Babylon.
A comprehensive plan prepared by the Planning Board, pursuant
to the Village Law, for the general physical development of the Village
of Babylon, and any amendments thereto.
The map established by the Village Board under the Village
Law and any amendments thereto adopted by the Village Board or additions
thereto resulting from the approval of subdivision plats by the Planning
Board and the subsequent filing of such approved plats.
The final map on which the subdivider's plan of subdivision
is presented to the Planning Board for approval and which, if approved,
will be submitted to the County Clerk or Registrar for recording.
The preliminary drawings indicating the proposed subdivision
layout to be submitted to the Planning Board for its consideration.
The division of any parcel of land into two or more lots,
plots, sites or other divisions of land for immediate or future sale
or for building development, with or without streets or highways.
The Board of Trustees of the Village of Babylon.
A.
Whenever any subdivision of land is proposed to be made, and before any contract for the sale of or any offer to sell lots in such subdivision or any part thereof is made, the subdividing owner thereof, or his agent, shall apply in writing to the Board for approval of such subdivision. He should first file with the Board a preliminary layout and subsequently a formal plat as hereinafter specified in §§ 311-3 through 311-12 and 311-14 of this chapter, to be accompanied by a topographic map showing differences of elevation (contour lines) at intervals of one foot and also profiles of adjoining and proposed streets.
B.
The preliminary layout, street profiles and formal subdivision plat and all procedures relating thereto shall in all respects be in full compliance with the applicable provisions of the Village Law and this chapter, except where variations therefrom may be specifically authorized by the Board, and must include an approved stormwater management and erosion sediment control plan as per Chapter 305 of the Village of Babylon Code.
[Amended 4-8-2008 by L.L. No. 8-2008]
C.
Three copies each of the preliminary layout, designated
as such, at the scale of not more than 100 feet to the inch, topographic
map, at the same scale, and proposed street profiles, at an appropriate
scale, shall be filed with the Board.
D.
After due consideration, the Board will discuss the
preliminary layout with the subdivider or his agents at a meeting
of the Board. After such discussion the Board will communicate in
writing to the developer:
(1)
The specific changes which it will require in the
preliminary layout.
(2)
The character and extent of the required public improvements
for which waivers may have been requested and which, in its opinion,
may be waived without jeopardy to the public health, safety, morals
and general welfare.
(3)
The amount of construction or improvement or the amount
of the performance bond therefor which it will require as prerequisite
to the approval of the formal subdivision plat to be submitted subsequently.
E.
The subdivider, following the receipt of this communication
with respect to the preliminary layout and the changes, if any, to
be made therein, shall, within six months thereafter, file with the
Board against receipts original drawings of the formal subdivision
plat and street profiles. These drawings shall be in tracing cloth
in sheets 20 inches wide by 36 inches long and to a scale of not more
than 100 feet to the inch, except that when more than one sheet is
required, an additional index sheet of the same size shall be filed
showing, to appropriate scale, the entire subdivision on one sheet
with lot numbers. Before the Board may approve the formal subdivision
plat, it will hold a formal hearing thereon in compliance with the
Village Law. The Planning Board may then, within 45 days from the
date of the submission of the formal plat, approve, modify and approve
or disapprove such plat. Such approval shall, however, not be deemed
final until the subdivider has complied with the provisions of the
following subsection.
F.
The developer will then be required to complete, in
accordance with the Board's decision, to the satisfaction of the Engineer,
all the street and sanitary improvements specified by the Board or,
alternatively, to file with the Board a performance bond satisfactory
to the Village Board as to form, sufficiency, manner of execution
and surety for the completion of such improvements as are not constructed
and approved by the Engineer prior to the approval of the plat. The
Board will require a certificate from the Engineer as to the satisfactory
character of improvements completed. The subdivider will be required
to offer dedication in a form certified as satisfactory by the Village
Attorney of all land included in streets, highways or parks not specifically
reserved by him, but approval of the plat by the Board does not constitute
an acceptance by the Village of the dedication of any street, highway,
park or other public open space. Upon completion of all improvements,
a deed of dedication, together with recording fee and abstract of
title, must be submitted to the Board.
G.
After the completion of these details and notations
to that effect upon the plat, it shall be deemed to have final approval,
and the Board shall endorse its approval on the plat. Within 90 days
thereafter the developer must file the plat with the County Clerk
or Registrar; otherwise, such approval will expire as provided by
the Village Law.
It is the purpose of these specifications to
establish minimum acceptable methods of street construction, including
widths and development of right-of-way, paved roadway, storm drainage
and other utilities in the Village of Babylon. Dedication of the right-of-way
will not be accepted until the Engineer and the Village Superintendent
of Public Works shall have certified to the Village Board that the
development of the street has been completed in accordance with the
approved plans, which shall conform to the following specifications.
The plan of the proposed street shall be prepared
by a qualified engineer properly licensed by the State of New York.
The plan shall clearly define the limits of the proposed right-of-way
and shall include the location, profile and grades of proposed roadways
and storm drainage, including culverts and other drainage structures,
and the location of easements and utilities. The plan shall first
be submitted to the Village Superintendent of Public Works and Village
Engineer and then to the Town or County Superintendent of Highways
when any street drains toward a town or county highway and then to
the Village Planning Board for review and approval under the applicable
subdivision regulations of the Village. Such plans so submitted shall
not be altered or amended after having been approved by the Planning
Board, except after amended plans have been resubmitted and approved
as above. However, the developer shall, at his own expense, provide
additional storm drainage facilities as may be ordered by the Village
Superintendent of Public Works if, during the progress of the work,
in the opinion of the Village Superintendent of Public Works, the
Village Engineer and/or the Town or County Superintendent of Highways,
such additional structures or facilities are necessary to assure the
durability of pavement and future maintenance of the right-of-way.
A.
Prior to the acceptance of the formal plat by the
Board, the developer shall deposit with the Village Clerk a performance
bond of acceptable surety, approved by the Village Board, guaranteeing
that:
(1)
Within two years the developer shall complete the
construction within the right-of-way of roadway, shoulders, curbs,
gutters, storm drainage, street signs, monuments and all utilities,
including hydrants and house connections for each lot, in accordance
with the approved plan and these specifications.
(2)
The developer shall pay the full cost of such construction
and shall deliver to the Village Board release from all contractors
participating in the construction of such completed right-of-way.
(3)
The developer shall maintain, to the satisfaction
of the Village Superintendent of Public Works, such improvements for
a period of one year from the date of acceptance of such construction.
(4)
The developer shall, at the expiration of the maintenance
period, dedicate such completed right-of-way to the Village for use
as a public highway, free and clear of all liens and encumbrances.
B.
The performance bond, deposited as such guaranty,
shall be in a penal sum not less than the Engineer's estimate of the
total cost of improvements, as shown on the approved street plan,
based on a schedule of unit prices on file with the Engineer and the
Board.
C.
Upon certification by the Village Superintendent of Public Works and the Engineer that the construction of the right-of-way has been completed by the developer in accordance with the plan and the specifications and after the Village Board has been satisfied that the stipulated guaranties required in Subsections A(1) and (2) above have been complied with, the Village Board, on written recommendation of the Planning Board, may release the bond to the developer or his assigns, except that the Village Board shall retain a sum of not less than 25% of the deposit for a period of one year from the date of such official completion as a guaranty that the developer shall maintain such completed right-of-way as stipulated in Subsection A(3) above. At the expiration of the one-year maintenance period stipulated in Subsection A(3) and upon certification of the Village Superintendent of Public Works and the Engineer that the right-of-way has been maintained in a satisfactory condition, the Village Board, on written recommendation of the Planning Board, shall release such maintenance guaranty to the developer or his assigns, provided that, prior to such final release of guaranty, the Village Board may charge the developer with all just charges for any maintenance, exclusive of charges for plowing of snow, which the Village may have incurred for work on such right-of-way during the one-year period.
D.
Where sanitary sewers are to be constructed within
the right-of-way, the Village Planning Board may require a suitable
performance bond to guarantee the construction, maintenance and the
dedication of such sanitary sewage system free and clear of all liens
and encumbrances.
A.
The right-of-way shall be at least 50 feet in width
and shall extend a minimum of 25 feet from the center line of the
proposed roadway. Proper sight distance, acceptable to the Board,
shall be provided at all intersections. The developer shall establish
and clearly mark on the site the limits of the right-of-way, the center
line and grades of roadway and location and elevation of drainage
structures. Such markers shall be maintained at the developer's expense
until construction of roadway, drainage, curbs and shoulders has been
completed and removal of the markers has been authorized in writing
by the Engineer.
B.
The entire width of the right-of-way shall be cleared
and shaped to the grades and elevations established by the approved
plan. Trees of aesthetic value located at least three feet from the
paved roadway may, with the approval of the Village Superintendent
of Public Works, be allowed to remain. All rocks and boulders larger
than six inches in diameter shall be excavated six inches below finished
subgrade of the roadway. All topsoil or otherwise soft or unstable
materials shall be excavated from within the road area and shall be
replaced with suitable borrow. Fill required to complete the approved
grades shall be acceptable to the Village Superintendent of Public
Works, and unsatisfactory materials shall be removed from the site
by the developer.
C.
Unless otherwise directed in writing by the Village
Superintendent of Public Works, final grading of the right-of-way
and construction of road pavement shall be delayed until all heavy
trucking contemplated for current building construction purposes has
been completed and until all utilities, including house connections,
have been installed and backfill in trenches shall have been thoroughly
compacted. Earth shoulders and flow lines of gutters shall be maintained
at all times at the developer's expense during the course of such
construction and until such time as the Village Board has accepted
dedication of the right-of-way.
D.
Construction of road pavement and development of shoulders
and drainage as herein specified shall be under the direction of the
Engineer and the Village Superintendent of Public Works.
A.
The full width of the right-of-way shall have been
cleared and graded as approved by Village Superintendent of Public
Works. A roadway shall be constructed at least 34 feet in width and
shall generally extend a minimum of 17 feet from the center line of
the right-of-way. Grades shall be in accordance with the approved
plans. The crown of road pavement shall be at least six inches higher
at center line than at the outside edge of pavement. A drainage system
shall be installed in accordance with the approved plan and profile.
Six-inch asphaltic concrete curbs and/or appropriate gutters shall
be constructed as directed by the Village Superintendent of Public
Works.
B.
Shoulders and slopes to complete the balance of the
right-of-way shall be at least eight feet wide and shall be graded
to meet the finished elevation of curbs or gutters on a slope of one
inch per foot for a distance of five feet from edge of the curb or
gutter and thence on a slope of not more than one foot on two feet
to the limits of the right-of-way, both in cut and fill. Exceptions
to these requirements where rocks or other conditions exist may be
approved by the Village Superintendent of Public Works. On any fill
section where the elevation of the shoulder is five feet or more above
that of the top of slope, the developer shall provide guide railing
on the shoulder as approved by the Village Superintendent of Public
Works. Shoulders and slopes shall be dressed and seeded by the developer.
C.
Rough subgrade of roadway, after having been approved
by the Engineer and the Village Superintendent of Public Works, shall
be fine graded by hand or by mechanical grader and rolled with a three-wheel
roller weighing not less than 10 tons. Rolling shall continue until
the subbase is thoroughly compacted and no movement of subbase materials
is observed under passage of the roller. Any soft or unstable portion
of the subbase shall be removed and replaced with suitable borrow.
Compacted subbase shall be shaped and brought to proper grades. Six-inch
penetration macadam and asphaltic concrete road pavement shall be
constructed as follows.
A.
Stone base course shall consist of a uniform layer
of clean, dry one-and-one-half-inch crushed stone placed by hand or
approved spreading device. After the proper thickness of crushed stone
has been placed and graded, the stone shall be rolled with a three-wheel
roller weighing not less than 10 tons, with rolling to continue until
the stone is compacted and firm. Compacted thickness of this stone
course shall not be less than 4 1/2 inches. Hot liquid asphalt
(Item 64 or 64P, New York State Highway Specifications) shall be applied
to the stone base at the rate of 1 1/2 to two gallons per square
yard. This bituminous material shall be applied by means of an approved
pressure distributor, by hand spray or by truck spray bar not over
11 feet in length as directed by the Village Superintendent of Public
Works.
B.
Immediately following the application of this hot
liquid, the entire surface of the roadway shall be covered with a
course of clean, dry five-eighths-inch crushed stone and rolled with
a three-wheel or tandem roller weighing not less than 10 tons. Additional
stone shall be applied and broomed about until voids are completely
filled. Rolling shall continue until the stone is thoroughly keyed
into the bitumen. Surplus stone then shall be removed from the pavement.
C.
Liquid asphalt used in the construction of the penetration
macadam base course shall not be applied from November 1 to May 15
or when the prevailing temperature is below 50° F., except
with written permission of the Village Superintendent of Public Works.
Stone and subbase shall be thoroughly dry when the bituminous material
is applied.
After the penetration macadam base course has
been completed and cured, and after the surface has been thoroughly
cleaned of all foreign material, a premixed asphaltic concrete wearing
course shall be constructed. This wearing course shall consist of
a uniform layer of asphaltic concrete and shall have a compacted thickness
of not less than 1 1/2 inches. Pavement construction shall conform
to Item 50M, New York State Highway Specifications. Material shall
be placed by mechanical paving and finishing machine of approved design.
After proper thickness of wearing course has been placed, pavement
shall be thoroughly rolled with a tandem roller weighing not less
than eight tons.
A.
Asphaltic concrete curbs and/or gutters shall be constructed
as directed by the Village Superintendent of Public Works. Curbs shall
be shaped by hand and shall be hand tamped until thoroughly compacted.
Curbs shall be approximately six inches high and eight inches wide
at the road pavement. Curb shall have a firm bond with the asphaltic
concrete road wearing surface. Gutters, where specified, shall be
concave and shall consist of penetration macadam base course and asphaltic
concrete wearing course as specified for road pavement, except that
such gutters may be hand tamped or rolled, as appropriate.
B.
If cement concrete curbs are approved in lieu of asphaltic
concrete, they shall be 18 inches in depth with six inches extending
above the gutter line and six inches in width at the top expanding
to a width of eight inches at the bottom.
C.
Sidewalks, if shown on the subdivision plat, shall
be four inches thick and at least four feet wide, constructed of one-course
cement concrete.
D.
Asphalt expansion joints 1/2 inch in thickness shall
be installed in all curbs and sidewalks as directed by the Engineer.
E.
Cement concrete shall be a mixture of Portland cement,
sand, stone and water proportioned to have a minimum compressive strength
of 3,000 pounds per square inch at the end of 28 days, unless otherwise
specified by the Board. Concrete failing to meet the twenty-eight-day
strength requirements shall be retested by a method determined by
the Board. All testing and retesting costs are to be paid by the developer.
A minimum of one street marker or sign shall
be placed at each street intersection. The sign shall be constructed
of cast aluminum. The casting shall be a minimum of 21 inches in length
and at least four inches in width. The lettering shall be raised type
and shall be coated with a reflecting agent that will provide visibility
at night. Signs shall be mounted on a suitable galvanized pipe standard
eight feet long, with the lower two feet embedded in concrete below
grade.
The subdivider shall observe the following general
requirements and principles of land subdivision:
A.
In general, the proposed subdivision shall conform
to the Official Map and to the Master Plan, if any.
B.
The subdivision shall comply with all applicable provisions
of the Village Law and the Real Property Law.
C.
The arrangement of streets in the subdivision shall
provide for the continuation of the principal streets in adjoining
subdivisions or for their proper projection when adjoining property
is not subdivided and shall be of a width at least as great as that
of such existing connection streets.
D.
In general, main highways and secondary highways shall
not be less than the width shown on the Master Plan; parkways and
boulevards, such width as may be designated by the Board. The width
of minor streets shall not be less than 50 feet, as required under
the New York State Highway Law.
E.
Dead-end streets shall not in general exceed 400 feet
in length, shall have a cul-de-sac with minimum radius of 50 feet
and shall be equipped with a turnaround roadway with a minimum radius
of 42 feet for the outside curb at the closed end.
F.
Curb radii at street intersections shall be not less
than 28 feet, and property lines shall be adjusted accordingly.
G.
Side lines of lots, so far as practicable, shall be
at right angles or radial to street lines.
H.
Grades of all streets shall be the reasonable minimum
but shall not be less than 0.5% nor more than 5% for main thoroughfares
nor more than 10% for minor streets.
I.
Land subject to flooding shall not be platted for
residential occupancy nor for such other uses as may increase danger
to life or property or aggravate the flood hazard, but such land within
the plat shall be set aside for such uses as shall not be endangered
by periodic or occasional inundation.
J.
In case a tract is subdivided into larger parcels
than normal building lots, such parcels shall be arranged so as to
allow the opening of future streets and logical further resubdivision.
K.
No reserve strips will be permitted.
L.
In general, street lines within a block deflecting
from each other at any one point more than 10° shall be connected
with a curve, the radius of which for the inner street lines shall
not be less than 350 feet on main thoroughfares, 250 feet on secondary
thoroughfares and 100 feet on local streets. The outer street line
in each case shall be parallel to such inner street lines.
M.
Variations of the general requirements above outlined
may be permitted by the Board on application to the Board when, in
its judgment, special factors warrant such a variation.
A.
Subdividers shall present to the Board a preliminary
layout. Three copies of the preliminary layout shall be filed at a
scale of not more than 100 feet to the inch, showing or accompanied
by the following information:
(1)
Proposed subdivision name or identifying title and
the name of the village, town and county in which the subdivision
is located.
(2)
Name and address of record owner, subdivider and designer
of preliminary layout.
(3)
Location of property lines, existing easements, buildings,
watercourses and other essential existing features.
(4)
The names of all subdivisions immediately adjacent
and the names of owners of record of adjacent acreage.
(5)
The location of any existing sewers and water mains,
culverts and drains on the property to be subdivided.
(6)
Location, names and present widths of existing and
proposed streets, highways, easements, building lines, alleys, parks
and other public open spaces and similar facts regarding property
adjacent.
(7)
The use, height, area and density districts or other
regulations, including setback lines under the Zoning Ordinance[1] applicable to the area to be subdivided, and any boundaries
of such districts affecting the tract and all parcels of land proposed
to be dedicated to public use and the conditions of such dedication.
(8)
The width and location of any streets or other public
ways or places shown upon the Official Map or the Master Plan within
the area to be subdivided and the width, location, grades and street
profiles where required of all streets or other public ways proposed
by the developer.
(9)
Typical cross sections of the proposed grading and
roadways or sidewalks and unusual topographic condition where required.
(10)
Date, North point, scale and graphic scale.
(11)
Deed description and map of survey of tract
boundary, made and certified by a licensed land surveyor, tied into
established reference points.
(12)
Connection with existing water supply or alternative
means of providing water supply to the subdivision as required by
the health authority having jurisdiction.
(13)
Connection with existing sanitary sewage systems
or alternative means of treatment and disposal proposed as required
by the health authority having jurisdiction.
(15)
Preliminary designs of any bridges or culverts
which may be required.
(16)
The proposed lot lines with approximate dimensions.
(17)
Where the preliminary layout submitted covers
only a part of the subdivider's entire holding, a layout to scale
of the prospective future street system of the unsubmitted part shall
be furnished and the street system of the submitted part will be considered
in the light of adjustments and connections with the street system
of the part not submitted.
B.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of § 305-6 of Chapter 305 shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 305-7 of Chapter 305. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 305.
[Amended 4-8-2008 by L.L. No. 8-2008[2]]
[2]
Editor’s Note: The addition of this
subsection renumbered former Subsection B as Subsection C.
C.
All the information set forth above is required by
the Board for the purpose of complying with §§ 7-728
and 7-730 of the Village Law and the Public Health Law and for the
information of the public at the public hearings. Due care in the
preparation of this material will expedite the process of passing
upon the formal subdivision plat.
A.
The subdivision plat submitted for final approval
and subsequent recording shall be clearly and legibly drawn in ink
upon tracing cloth. The size of the sheets shall be 20 x 36 inches,
including a margin of one inch outside ruled border lines on three
sides and two inches of border along the left side of the twenty-inch
side for binding. The subdivider shall also furnish two direct prints
on cloth.
B.
The drawing shall be at the scale of not more than
100 feet to the inch. The subdivision plat shall show:
(1)
The proposed subdivision name or identifying title
and the name of the village, town and county in which the subdivision
is located, the name and address of the record owner and subdivider
and the name, license number and seal of the licensed land surveyor.
(2)
Street lines, pedestrianways, lots, reservations,
easements and areas to be dedicated to public use.
(3)
Sufficient data acceptable to the Engineer to determine
readily the location, bearing and length of every street line, lot
line and boundary line and to reproduce such lines upon the ground,
and it should be tied to reference points previously established by
a public authority.
(4)
The length of all straight lines, the deflection angles,
radii, length of curves and central angles of all curves, tangent
distances and tangent bearing shall be given for each street. All
dimensions and bearings of the lines of each lot shall also be given.
All dimensions shall be shown in feet and decimals of a foot. The
final plan shall show the boundaries of the property, scales, graphic
scale and North point.
(5)
Before final approval of the plat, there shall be
filed with the Planning Board a certificate of the Engineer as to
the completion of all improvements required by the Board. For any
required improvements not so completed, there shall be submitted with
the plat the approval of the Village Board as to the sufficiency of
the bond offered in lieu thereof.
(6)
Lots within a subdivision shall be numbered in numerical
order within blocks.
(7)
Permanent reference monuments shall be shown thus:
"X". They shall be constructed in accordance with specifications of
the Engineer and, where referenced to the state system of plane coordinates,
shall also conform to the requirements of the State Department of
Public Works. They shall be placed as required by the Engineer and
their location noted and referenced upon the plat.
(8)
Monuments of a type approved by the Engineer shall
be set at all corners and angle points of the boundaries of the original
tract to be subdivided and all street intersections, angle points
in street lines, points of curve and such intermediate points as shall
be required by the Engineer.
C.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of § 305-6 of Chapter 305 and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 305-7 of Chapter 305. The approved final subdivision plat shall be consistent with the provisions of Chapter 305.
[Amended 4-8-2008 by L.L. No. 8-2008]
[1]
Editor's Note: Section 7 of the original legislation,
which established fees, was repealed 4-18-1974.
[Added 9-12-1972]
All regulations relating to subdivision and
site plans shall apply in all aspects to condominiums, cooperatives,
industrial parks and other like developments.
