[HISTORY: Adopted by the Board of Trustees of the Village of Albion 4-13-2005
by L.L. No. 6-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 132.
Clearing, filling and grading — See Ch. 145.
Environmental quality review — See Ch. 152.
Exterior property maintenance — See Ch. 155.
Flood damage prevention — See Ch. 165.
Planning Board — See Ch. 275.
Zoning — See Ch. 290.
[1]
Editor's Note: This local law was adopted as Ch. 117, but was
renumbered to fit into the organizational structure of the Code.
By authority of the resolution by the Board of Trustees of the Village
of Albion on the 13th day of April 2005, pursuant to the provisions of Article
6-A of the Village Law (Chapter 64 of the Consolidated Laws of New York),
and pursuant to Article 7 of the Village Law, which became effective September
1, 1973, as amended, and the Municipal Home Rule Law, the Planning Board has
the power and authority to approve plats for subdivisions pursuant to the
provisions of this chapter.
For the purpose of providing for the future growth and development of
the Village and affording adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare of its population,
the Village Board of Trustees, by resolution, does hereby authorize and empower
the Planning Board to approve preliminary and final plats of subdivisions
showing lots, blocks or sites, with or without streets or highways.
For the purpose of this chapter, certain words used herein are defined
as follows:
The Planning Board of the Village of Albion.
A long-range or master plan for the development of the Village of
Albion.
The duly designated Engineer of the Village of Albion or, if there
is no such official, the planning consultant or engineer employed by or assigned
to the Village Planning Board.
The final map, drawing or chart, 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 for recording.
The preliminary drawings indicating the proposed layout of the subdivision
to be submitted to the Planning Board for its consideration.
The division of any parcel of land into a number of lots, blocks
or sites, with or without streets or highways, for any purpose. Approval must
be obtained from the Planning Board, as provided in §§ 7-728
and 7-730 of the Village Law, as in effect at the time such plat was approved;
or a street on a plat duly filed and recorded in the office of the County
Clerk prior to the appointment of such Planning Board and the grant to such
Board of the power to approve plats.
The map established by the Village Board showing the streets, highways
and parks theretofore laid out, adopted and established 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.
A.
Whenever any subdivision of land is proposed to be made and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made by lot numbers and before any permit for the erection of a structure shall be granted to the subdivider or owner thereof or his agent, the subdivider, owner or agent shall apply, in writing, to the Board for approval of such subdivision. The application of the subdivider, owner or agent to the Board shall conform to the specifications §§ 278-8, 278-9 and 278-10 of this chapter.
B.
A general filing fee for each lot in a subdivision shall
be paid to the Village Clerk when the preliminary plat is filed in the Clerk's
office for the conditional approval of the Planning Board.
Prior to the filing of an application for conditional approval of the
preliminary plat, the subdivider may submit general site information, a location
map and a sketch plan with a request for informal consideration and advice.
This step does not require formal application, fee or the filing of a plat.
The purpose of the preapplication procedure is to afford the subdivider an
opportunity to consult early and informally with the Planning Board before
preparation of the preliminary plat in order to save time and money and to
make the most of opportunities for desirable development.
A.
The preliminary plat, topographic map, street profiles and formal
subdivision plat and all procedure relating thereto shall in all respects
be in full compliance with the provision of §§ 7-728 and 7-730
of the Village Law and these regulations, except where variation therefrom
may be specifically authorized by the Board.
B.
Seven copies each of the preliminary plat, as described in § 278-9, designated as such, at the scale of not more than 100 feet to the inch, a topographic map at the same scale and proposed street profiles at appropriate scales shall be filed with the Board. The Board shall then study the preliminary plat and proposed street profiles in connection with the topography of the area, the existing requirements of chapter 290, Zoning, if any, the Master Plan and the Village Map, if any, and shall take into consideration the general requirements of the community and the best use of the land to be subdivided. Particular attention shall be given to matters enumerated in §§ 7-728 and 7-730 of the Village Law as well as to specific requirements for parks, playgrounds, school sites, boulevards and main thoroughfares, the adequacy of street connections and the suitability of the land for development.
C.
A public hearing must be held on the preliminary plat
within 45 days of receipt of the plat by the Clerk of the Board. Publication
of a notice advertising the public hearing shall be made not later than five
days prior thereto in the official Village newspaper.
D.
Not later than 45 days from the date of the hearing,
the Board must either approve, with or without modifications, or disapprove
the preliminary plat. The grounds upon which the decision is made shall be
stated upon the records of the Board, and modifications, if any, shall be
specifically sated in the records.
E.
The time in which the Board must take action on such
plat may be extended by mutual consent of the owner and the Board. Within
five days of the approval of such preliminary plat, it shall be certified
by the Clerk of the Board as granted preliminary approval, a copy filed with
the Village and a certified copy mailed to the owner.
F.
If the Board fails to take action on a preliminary plat
within 45 days, plus any extensions, such plat shall be deemed granted preliminary
approval.
A.
The subdivider, after official notification by the Board with
respect to the preliminary plat and the changes, if any, to be made thereto,
shall, within six months thereafter, file with the Board original drawings
and seven copies of the final plat and street profiles
B.
If such final plat is not so submitted, approval of the
preliminary plat may be revoked by the Board.
C.
Within 45 days of the submission of the final plat for
approval by the Board, a public hearing shall be held by the Board and shall
be advertised at least once in the official newspaper at least five days before
such hearing.
D.
If the Board deems the final plat to be in substantial
agreement with a previously approved preliminary plat and properly modified,
if the preliminary plat was so approved, the Board may waive the requirement
for the second public hearing.
E.
The Board shall, by resolution, conditionally approve
with or without modifications, disapprove or grant final approval and authorize
signing of such final plat within 45 days of receipt if the hearing is waived
or within 45 days of the date of such hearing. The time in which the Board
must take action may be extended by mutual consent of the owner and the Board.
If the Board fails to take action on a final plat within the time prescribed
therefor, the plat shall be deemed approved.
F.
If the Board grants conditional approval of such final
plat, the resolution shall empower a duly authorized officer to sign the final
plat subject to completion of requirements set forth in the resolution. Within
five days of such resolution, the final plat shall be certified by the Board
as conditionally approved and a copy filed with the Village and a certified
copy mailed to the owner, including a certified statement of such requirements
which, when completed, will authorize the signing of the conditionally approved
final plat. Conditional approval shall expire 180 days after the date of the
resolution unless such requirements have been certified as completed. The
Board may extend such time, if warranted, not to exceed two additional periods
of 90 days each.
G.
The approved final plat must be filed in the Orleans County Clerk's office within 60 days from approval. Approval shall constitute signing by the authorized Board officer or the date of a certificate of failure to act under Subsection E.
H.
Under no circumstances will construction or improvements
be started before final approval of the plat. The subdivider will be required
to file with the Board a bond complying with §§ 7-728 and 7-730
of the Village Law satisfactory to the Village Board as to form, sufficiency
and surety for the completion of such improvement. The Board will require
from the Village Attorney or other designated legal advisor a certificate
as to the adequacy of any bond that may be proffered. The subdivider will
be required to tender offers of cession, in a form certified as satisfactory
by the Village Attorney, of all land, including streets, highways or parks,
not specifically reserved for him or her. Approval of the final plat by the
Planning Board does not constitute an acceptance by the Village of the dedication
of any street, highway, park or other public open space.
I.
Upon compliance with the foregoing and notation to that
effect upon the final plat, it shall be deemed to have final approval. The
final plat shall then be referred to the Orleans County Planning Council.
Within 90 days after approval by the Village Planning Board, the developer
must file the final plat with the County Clerk or Registrar. Otherwise, such
approval shall expire. It should be noted that the developer must notify the
Village prior to any construction or improvements so that the Village may
have an inspector available.
The subdivider shall observe the following general requirements and
principles of land subdivision:
A.
In general, the proposed subdivision shall conform to
the Village Map and to the Master Plan, if such exist.
B.
The arrangement of streets in the subdivision shall provide
for the continuation of the principal streets in adjoining subdivisions and
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, but in no event shall the width of said continuing streets be less
than 60 feet. All streets shall be constructed in accordance with specifications
adopted by Albion Village Board, subject to approval of the Village Superintendent
of Highways.
C.
Main highways and secondary highways shall not be less
than the width shown on the Master Plan, if such exists. Parkways and boulevards
shall be such width as may be designated by the Board. The width of minor
streets shall not be less than 50 feet.
D.
Dead-end streets, in general, shall have block lengths
not exceeding 800 feet. At this point, if practical, a sixty-foot right-of-way
extending to the tract limits shall be set aside as a future cross street.
Temporary turnarounds at the end of dead-end streets must be constructed with
the approval of the Board.
E.
Block lengths generally shall not exceed 1,000 feet in
length.
F.
Each block shall be planned to provide two rows of lots,
but irregularly shaped blocks indented by dead-end streets and containing
interior parks will be acceptable when properly designed and covered by agreements
as to maintenance of interior parks.
G.
Curb radii at intersections shall be not less than 20
feet, and property lines shall be adjusted accordingly.
H.
Side lines of lots, so far as practicable, shall be at right angles or radial to street lines. The size of lots shall comply with Chapter 290, Zoning.
I.
Care shall be exercised in the layout of lots at street
intersections. Corner lots shall be increased in size to provide that any
structure to be placed thereon will conform to the building line of each street.
J.
Grades of all streets shall conform in general to the
terrain and shall not in general be less than 0.5%, preferably no more than
5% and in no case more than 7%.
K.
Land subject to flooding and land deemed by the Board
to be uninhabitable shall not be platted for residential occupancy nor such
other uses and may increase danger to health, life or property or aggravate
the flood hazard, but such land within the final plat shall be set aside for
such uses as shall not be endangered by periodic or occasional inundation
or shall not produce unsatisfactory living conditions.
L.
In case a tract is subdivided into larger parcels than
ordinary building lots, such parcels shall be arranged so as to allow the
opening of future streets and logical further resubdivision.
M.
In general, no privately owned reserved strips controlling
access to land dedicated or to be dedicated to public use shall be permitted.
N.
In general, street lines within a block deflecting from
each other at any point more than 10° and less than 45° shall be connected
with a curve, the radius of which for the inner street line 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 line. If the deflection is 46° or more, it shall
be considered a street intersection and treated accordingly.
O.
Variations of the general requirements above outlined
may be permitted by the Board, on application, when, in its judgment, special
favors warrant such variation.
Subdividers shall present to the Board a preliminary plat. Seven copies
shall be filed at the scale of not more than 100 feet to the inch, showing
or accompanied by the following information. All of the information set forth
above is required by the Board for the purpose of complying with the Village
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 proposed subdivision name, township, range and great
lot number in which the subdivision is located.
B.
The name and address of the record owner, subdivider
and designer of the preliminary plat.
C.
Locations of property lines, existing easement, buildings,
watercourses and other essential features.
D.
The names of all subdivisions immediately adjacent and
the names of record of adjacent acreage.
E.
The location of any existing sewers and water mains,
culverts and drains on the property to be subdivided or on streets which border
the property.
F.
The 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.
G.
Any changes in the use, height, area and density, districts or other regulations under Chapter 290, Zoning, applicable to the areas to be subdivided and any boundaries of such districts affecting the tract; all parcels of land proposed to be dedicated to public use and the conditions of such dedication.
H.
The width and location of any streets or other public
ways or places shown upon the Village Map or the Master Plan, if such exists,
within the area to be subdivided, and the width, location, grades and streets
profiles of all streets or other public ways proposed by the developer.
I.
Typical cross sections of the proposed grading and roadways
of sidewalks and topographic conditions, if different from the Village of
Albion Highway Department minimum specifications for new highways.
J.
The date, true North point and scale.
K.
Connection with existing water supply or alternative
means of providing water supply to the subdivision.
L.
Connection with an existing sanitary sewage system or
alternate means of treatment and disposal proposed as provided by the Orleans
County Health Department.
M.
Provision for collecting and discharging surface drainage.
Storm sewers shall be constructed in conformance with standards adopted by
the Village Board of Albion.
N.
Preliminary designs of any bridges or culverts which
may be required.
O.
The proposed lot lines with approximate dimensions and
suggested location of buildings.
P.
The boundaries of proposed permanent easements over or
under private property, which permanent easements shall be not less than 25
feet in width and which shall provide satisfactory access to an existing public
highway or other public open space shown upon the layout or upon the Village
Map.
Q.
Where the preliminary layout submitted covers only a
part of the subdivider's entire holding, a sketch 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.
The final plat submitted for approval and subsequent recording shall
be clearly and legibly drawn in ink upon tracing cloth and prepared by a licensed
land surveyor, professional engineer or registered architect. The size of
sheets shall be 20 inches by 20 inches or 40 inches, including a margin of
one inch outside ruled border lines on three sides and two inches' border
along the left side of the forty-inch side for binding.
A.
The drawing shall be at the scale of not more than 50
feet to the inch.
B.
The final plat shall show:
(1)
The proposed subdivision name or identifying title and
the name of the Village 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 professional engineer.
(2)
Street lines, lots, reservations, easements and areas
to be dedicated to public use.
(3)
Sufficient data acceptable to the Engineer to determine
readily the location, elevation, bearing and length of every street line,
lot line, boundary line, benchmark and monument and to reproduce such lines
upon the ground. Where practicable, those should be referenced to monument
and benchmarks included in the state system of plane coordinates and levels
and in any event should be tied to reference points previously established
by a public authority.
(4)
The length of all straight lines, the deflection angles,
and radii, length of curves and control angles of all curves, tangent distances
and tangent bearings shall be given for each street. All dimensions and angles
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, location, graphic scale and true North point.
C.
The final plan shall also show, by proper designation
thereon, all public open spaces for which offers of dedication to public use
are included and those spaces title to which is reserved by the developer.
For any of the latter, there shall be submitted with the final subdivision
plat copies of agreements or other documents showing the manner in which such
areas are to be maintained and the provisions made therefor.
D.
All offers of dedication and covenants governing the
maintenance of uncoded open space shall bear the certificate of approval of
the Village Attorney as to their legal sufficiency.
E.
Lots and blocks within a subdivision shall be numbered
in accordance with the prevailing Village practice.
F.
Permanent reference monuments shall be indicated. They
shall be constructed in accordance with specifications of the Village and,
when 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.
G.
All lot corner markers shall be permanently located satisfactory
to the Engineer, at least 3/4 inch in diameter, of metal, and at least 24
inches in length, shown thus "0", and located in the ground to permanent grade.
H.
Monuments of a type approved by the Engineer or other
authorized officer shall be set at all corners and angle points of the boundaries
of the original tract to be subdivided and at all street intersections, angle
points in street lines, points of curve and such intermediate points as shall
be required by the Engineer.
I.
The developer's engineer shall submit computations
for determining pipe, culvert or bridge sizes for the drainage area.
J.
The final plat shall show a certificate of the developer's engineer that all lot sizes comply with Chapter 290, Zoning.
K.
The owner or owners of this proposed subdivision agree
to execute the necessary petition to form a stormwater drainage district to
cover the proposed subdivision. The formation of a sanitary sewer district
and a water district (if applicable) may be required by the Board.
L.
Insofar as possible, the natural beauty and resources
of the property to be developed shall not be destroyed. Trees, streams, rolling
ground, etc. are of real value and should be preserved.
