For the purpose of these regulations, the following words and
terms shall have the meanings indicated:
APPLICANT
Any person, corporation, firm, partnership, association or
entity who shall submit an application to the Village for subdivision,
including lot line adjustments, land divisions, subdivisions or part
thereof, on behalf of himself, itself or for others.
BOARD
The Village of Menands Board of Trustees.
BOND
A performance bond issued by a surety company or bonding
company authorized to do business in New York and approved by the
Village Board.
CONSTRUCTION
Paving, utility and miscellaneous construction in public
rights-of-way or easements as shown on the subdivision development
map and not privately owned construction covered by building permits.
FINAL PLAT
The final map upon which the owner's plan of subdivision
is presented to the Board for approval and which, if approved, shall
be submitted to the County Clerk for recording. The final plat is
submitted as part of the final submission.
FINAL REVIEW
The complete process of reviewing a final submission and
issuing a final approval or disapproval by the Board.
FINAL SUBMISSION
The final plat and all other documents the subdivider is
required to submit for final review of a subdivision by the Board.
HALF-STREETS
Those that are less than full width in either paving or right-of-way.
LOT LINE ADJUSTMENT
Any alteration of lot lines or dimensions of any lots shown
on a subdivision plat previously approved by the Village Board and
filed with the Albany County Clerk or alteration of lot lines or dimensions
of any lot of record.
OFFICIAL MAP
A map established by resolution of the Village Board under
§ 7-724 of the Village Law, showing the streets, highways
and parks theretofore laid out, adopted and established by law and
all changes or additions thereto made under the provisions of the
Village Law.
OWNER
The owner of the land proposed to be subdivided or his agent.
PRELIMINARY PLAT
A drawing showing the salient features of a proposed subdivision,
submitted to the Board for its consideration prior to submission of
the final plat. The preliminary plat is submitted as part of the preliminary
submission.
PRELIMINARY REVIEW
The complete process of reviewing a preliminary submission
and issuing a conditional approval, conditional approval with modifications
or disapproval by the Board.
PRELIMINARY SUBMISSION
The preliminary plat and all other documents required for
preliminary review of a subdivision by the Board.
ROADWAY
The portion of a street which is designated for vehicle use.
STREET
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, thruway, road, avenue, boulevard,
lane, cul-de-sac, place or however otherwise designated, and includes
the entire area within the right-of-way.
B.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets and highways. Collectors may also serve as secondary arteries to carry through traffic. A street which is the outlet toward an arterial street from more than 100 acres or is a main entrance to a residential development shall be considered a collector street.
C.
LOCAL STREETSThose which are used primarily for access to the abutting properties.
SUBDIVISION
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, whether or not the subdividing creates
a street. The term "subdivision" is used to denote the act of subdividing
or the property which is subdivided.
SUBDIVISION, MINOR
Any subdivision of land containing more than one but not
more than four lots with frontage on an existing public street, not
involving any new street or road or the extension of municipal facilities,
and not adversely affecting the development of the remainder of the
parcel or adjoining property, and not in conflict with any provision
or portion of the Zoning Ordinance, if such exists, or these regulations.
SUBDIVISION, MAJOR
Any subdivision not classified as a minor subdivision, including,
but not limited to, subdivisions of four or more lots, or any subdivision
requiring a new street or extension of municipal services.
VILLAGE
The Menands Village Board of Trustees, Superintendent of
Public Works or other Village official responsible by law for the
function referred to or outside representative retained by the Village
to perform specific service(s) for the Village.
If the applicant is not the property owner of record, the applicant
shall submit a deposition from the owner stating that they are the
owner of the subdivision and authorize their agent (applicant/developer)
to act on their behalf for the subdivision application which is submitted
to the Village, for its approval, pursuant to the Village Law of the
State of New York and other statutes and ordinances in such cases
made and provided. The affidavit shall state that the owner has examined
personally or has caused to be examined the records of the County
of Albany relating to conveyances, deeds, wills, etc., and has inspected
the premises shown upon the aforesaid subdivision map.
The preliminary submission shall include the following, in triplicate:
A. The preliminary plat, to a scale not smaller than 50 feet to the
inch, drawn accurately to scale, with approximate dimensions shown
and including all the information required for a final plat except
monuments and iron pipes and the certification of standards of accuracy.
The plat shall be prepared by a NYS licensed professional engineer
or land surveyor.
(1) In addition, highways or other major public or private improvements
planned for future construction on or near the proposed subdivision,
including those shown on the Official Map, shall be shown.
(2) All contiguous land owned or under option by the owner shall be shown,
with a street and lot plan for its development.
(3) Water elevations and subsurface information, including groundwater
elevation, shall be noted where appropriate.
(4) Zoning district(s) in which the parcel is located and the zoning
district boundaries, if applicable.
(5) The location of existing and proposed structures, including setback
lines and distances to property lines and highway right-of-way boundaries,
and indicate conformance with zoning district requirements.
(7) Total acreage of the underlying parcel and acreage of each subdivided
parcel.
(8) Preliminary stormwater drainage system plan. Drainage structures
shall be shown on the preliminary layout, indicating the direction
of flow, the approximate location and size of the proposed lines and
culverts, as well as connections to existing lines or alternative
means of disposal. Include the location and proposed size of detention
basins and other stormwater pollution prevention measures as may be
required by state regulations.
(9) Preliminary locations of proposed on-site water supply and sanitary
sewer disposal systems shall be included on the plat to meet the minimum
specification of the State Department of Health.
(10)
Wetlands, watercourses, floodplains and floodways. The wetlands
shall be field-delineated and shown together with any applicable wetland
buffer.
(11)
Boundaries of any special districts such as water, sewer, fire
and or school.
B. A plan/profile of each street, with a horizontal scale of 40 feet
to the inch and a vertical scale of four feet to the inch, showing
all the information required for the final submission of a plan/profile.
In addition, profiles of present surface shall be shown on the center
line and both right-of-way lines of all streets and on the center
line of all easements.
C. All sheets shall be 24 inches by 36 inches, 11 inches by 17 inches
or 8 1/2 inches by 11 inches in size. When more than one sheet
is required, all shall be the same size, and an index sheet of the
same size shall be provided showing the entire subdivision to an appropriate
scale.
D. In addition to the required drawings, the following information shall
be submitted as part of the preliminary submission:
(1) A completed Village of Menands preliminary submission form.
(2) A short-form SEQR document for minor subdivisions and a long-form
SEQR document for major subdivisions.
(3) A request for any zoning changes proposed for the area to be subdivided.
(4) Conditions of dedication of areas proposed to be dedicated to public
use.
(5) Preliminary designs of bridges and culverts.
(6) A draft engineer's report addressing proposed improvements to the
water, sanitary or storm sewer system.
(7) A preliminary drainage report.
(8) A draft of any protective covenants whereby the owner proposes to
regulate land use in the subdivision and otherwise protect the proposed
development.
E. A fee shall be paid with the preliminary submission, which shall
be determined by the following schedule:
(2) Major subdivision: $1,000.
(3) Waiver of subdivision: $250.
F. More-detailed information may be required by the Board as a part
of the preliminary submission in special cases.
Where the Board finds that, because of unusual circumstances
of shape, topography, size or other physical features of a proposed
two-lot subdivision or because of the nature of the adjacent developments,
extraordinary hardship may result from strict compliance with these
regulations, it may waive certain requirements of these regulations
so that substantial justice may be done and the public interest secured,
provided that no such waiver shall be granted which will have the
effect of nullifying the intent and purpose of the Official Map, the
Zoning Law, these regulations or laws or ordinances of the Village.
In granting changes and modifications, the Board may require such
conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so changed or modified.
The owner shall observe the following general requirements and
principles of land subdivision:
A. Streets.
(1) The arrangement, character, extent, width and location of all streets
shall conform to the Official Map, if any, and shall be considered
in their relation to other existing and planned streets, to topographical
conditions, to public convenience and safety and in their appropriate
relation to the proposed uses of land to be served and/or abutted
by such streets.
(2) The arrangement of streets in a subdivision shall either:
(a)
Provide for the continuation or appropriate projection of existing
principal streets in surrounding areas; or
(b)
Conform to a plan for the neighborhood approved or adopted by
the Village Board to meet a particular situation where topographical
or other conditions make continuance or conformance to existing streets
impracticable or undesirable.
(3) Local streets shall be so laid out that their use by through traffic
will be discouraged.
(4) Where a subdivision abuts or contains a railroad right-of-way or
controlled access highway right-of-way, the Board may require a street
approximately parallel to and on each side of such right-of- way,
at a distance suitable for the appropriate use of the intervening
land, as for park purposes in residential districts or for commercial
or industrial purposes in appropriate districts. Such distances shall
also be determined with due regard for the requirements of approach
grades and future grade separations.
(5) Public access shall be provided to streets, water plants, sewage
treatment plants or to other land dedicated or to be dedicated to
public use.
(6) Where a subdivision is traversed by a watercourse, there shall be
a stormwater easement not less than 25 feet in width conforming substantially
to the lines of such watercourse and such further width or construction,
or both, as will be adequate to confine a design storm as specified
in the subdivision storm drainage design standards.
B. Block and lots.
(1) The lengths, widths and shapes of blocks and lots shall be determined
with due regard to:
(a)
The provision of adequate building sites suitable to the special
needs of the type of use contemplated.
(c)
The need for convenient access, circulation, control and safety
of vehicular and pedestrian traffic.
(d)
The limitations and opportunities of topography.
(e)
Block length, which generally shall not exceed 2,000 feet nor
be less than 600 feet.
(f)
Intersections with arterial streets, which should be held to
a minimum and preferably spaced at least 1,000 feet apart.
(g)
The need for pedestrian walks, not less than five feet in width
property line to property line, which shall be required where deemed
essential to provide circulation or access to schools, playgrounds,
shopping centers, transportation and other community facilities.
(2) 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.
(3) The subdividing of the land shall be such as to provide that each
lot abut a public street which provides satisfactory access via public
streets to an existing public street or highway.
(4) Side lot lines shall be substantially at right angles or radial to
street right-of-way lines.
(5) In case a tract is subdivided into parcels larger than normal building
lots, such parcels shall be arranged so as to allow the opening of
future streets and logical further subdivision.
C. Public land.
(1) Cession of usable land.
(a)
The owner shall offer to the Village usable land equal in size
to 10% of the owner's subdivided tract. This land shall be used by
the Village for parks, playgrounds or for other specific public recreational
uses as deemed desirable by the Village.
(b)
However, if the Board should consider that 10% of the total
area would not be useful for a public purpose or if the dedication
of land within the subdivision would not conform to the Official Map,
the Board will require a payment to the Village of a sum to be determined
by the Board, which sum shall constitute a trust fund to be used by
the Board exclusively for neighborhood park, playground or recreation
purposes, including the acquisition of land.
(c)
The Board shall require that more than 10% of the subdivider's
tract be offered to the Village if such is required to comply with
the Official Map. In this case, the owner shall be reimbursed at fair
market value, determined at the time of final submission with the
Board, for land taken in excess of the 10% normally required.
(2) Unique and scenic areas and those areas bordering streams, lakes
or other watercourses may be given special consideration by the Board,
should they be desirable for public open spaces. Where such sites
and open spaces are not shown on the Official Map and where deemed
essential by the Board upon consideration of the particular type of
development proposed in the subdivision, and especially in large-scale
planned developments, the Board may require the offering or reservation
of areas in excess of the 10% minimum. Under such conditions, a monetary
payment at fair market value determined at the· time the application
for approval of the final subdivision plat is made to the Board shall
be made to the owner to compensate his loss in excess of the 10% contribution.
(3) The determination of the value of the land upon which monetary payments
shall be based shall be made by a board of three, consisting of a
representative of the Village, a representative of the owner and a
third person acceptable to the other two parties. All costs involved
shall be borne equally by the Village and the owner.
D. Utilities. It shall be the responsibility of the owner to provide
waterlines, hydrants, storm drainage, sanitary sewers, bridges and
street pavement, plus all necessary appurtenances and any other facilities
as may be required by the Board, to the limits of the subdivision.
These facilities shall be constructed as required for inclusion in
future Village systems. Each owner shall be responsible for the complete
construction even though larger-than-normal sizes may be required.
A declaration of the invalidity of any provisions contained
in these subdivision regulations shall not invalidate or affect any
other provision thereof.