In considering applications for subdivision of land, the Planning Board shall be guided by the intent of this chapter expressed by Article I above and the standards set forth below. These standards shall be considered minimum requirements and shall be waived by the Planning Board only under circumstances set forth in § 220-12 herein.
A.
Character of land. Land to be subdivided shall be
of such a character that it can be used safely for building purposes
without danger to health or peril from fire, flood or other menace.
Land subject to such hazards shall be set aside for such uses as shall
not be endangered by periodic or occasional flooding or other peril
and which shall not increase danger to health, life or property or
aggravate any hazard.
B.
Conformity with Official Map and Master Plan. Subdivisions
shall conform to the Official Map of the Village and shall be related
to the proposals shown by the Planning Board on the Master Plan.
C.
Specifications for required improvements. All required
improvements shall conform to the Village specifications, which may
be obtained from the Village Office or the Planning Board Engineer.
[Added 4-15-1971]
For all subdivisions, the applicant shall arrange
with the serving utility for the underground installation of the utilities
distribution supply line and the service connections and streetlighting
facilities. The applicant shall submit to the Planning Board, prior
to the granting of final approval, a written instrument from each
serving utility, which shall evidence full compliance with the provisions
of this section.
[Added 4-15-1971; amended 6-10-1976 by L.L. No. 6-1976]
Streetlights shall be required for all new streets
and shall conform to the Village specifications. The type of lights
and posts and the location of lights in the subdivision shall be approved
by the Planning Board Engineer before installation.
[Added 4-15-1971]
The Board of Trustees may waive the requirements of § 220-21 upon the recommendations of the Planning Board.
A.
Width, location and construction. Streets shall be
of sufficient width and grade, suitably located to accommodate the
prospective traffic and afford access for firefighting equipment to
buildings, snow removal and other road maintenance equipment. The
arrangement of streets shall be such as to cause no undue hardship
to adjoining properties and shall be coordinated so as to compose
a convenient system and conform to the Official Map and be related
to proposals shown by the Planning Board on the Master Plan.
B.
Arrangement The arrangement of streets in the subdivision
shall provide for the continuation of principal streets of adjoining
subdivisions and for proper projection of principal streets into adjoining
properties which are not yet subdivided in order to make possible
necessary fire protection, movement of traffic and the construction
or extension, presently or when later required, of needed utilities
and public services, such as sewers, water and drainage facilities.
Where, in the opinion of the Planning Board, topographic or other
conditions make such continuance undesirable or impracticable, the
above conditions may be modified.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged. Particular
attention should be given to eliminate possible short cuts around
traffic signals and major intersections.
D.
Special treatments along major arterial streets. Where
a subdivision abuts or contains an existing or proposed arterial street,
the Board may require marginal access streets, reverse frontage with
screen planting contained in a nonaccess reservation along the rear
property line, deep lots with rear service alleys or such other treatment
as may be necessary for adequate protection of residential properties
and to afford separation of through and local traffic.
E.
Culs-de-sac. The creation of dead-end or loop residential
streets will be encouraged wherever the Board finds that such type
of development will not interfere with normal traffic circulation
in the area. In the case of dead-end streets, where needed or desirable,
the Board may require the reservation of a twenty-foot-wide easement
to provide for continuation of pedestrian traffic and utilities to
the next street. The Planning Board may require that subdivisions
containing 20 lots or more shall have at least two street connections
with existing public streets or streets shown on the Official Map,
if such exists, or streets on an approved subdivision plat for which
a bond has been filed.
F.
Intersections with major roads. Minor or secondary
street openings into a major road shall, in general, be at least 500
feet apart
G.
Street jogs. Street jogs with center-line offsets
of less than 125 feet shall generally not be permitted.
H.
Four-cornered intersections. Cross-street intersections
(four-cornered) shall, in general, be discouraged, unless shown on
the Official Map or the Village Development Plan. Under no circumstances
shall more than four streets meet at the same intersection.
I.
Angle of intersection. In general, all streets shall
join each other so that for a distance of at least 100 feet the street
is approximately at right angles to the street it joins.
J.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property, and all streets shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the
streets. Grades of streets shall conform as closely as possible to
the original topography.
K.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited-access highway right-of-way,
the Planning 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 distance shall also be determined
with due regard for the requirements of approach grades and future
grade separations.
L.
Reserve strips. Reserve strips controlling access to streets shall be prohibited except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the Planning Board such as provided in § 220-24K immediately above.
M.
Continuation of streets from and to adjacent property. In general, the arrangement of streets in the subdivision shall provide for the continuation of collector streets on adjoining subdivisions and for proper projection of collector streets into adjoining properties which are not yet subdivided in order to make possible effective fire protection, convenient movement of traffic and the efficient construction or extension (now or when later required) of needed utilities and public services, such as sewers, water and drainage facilities, and particularly where specified in the Village Master Plan. If the adjacent property is undeveloped and the street must dead-end temporarily, the right-of-way and improvements shall be extended to the adjoining property. (See also § 220-25 below.)
When streets are not indicated on the Master
Plan or the Official Map, the classification of the street shall be
determined by the Planning Board. In regulating subdivisions, these
provisions shall be considered the minimum requirements. The Planning
Board may, however, modify or extend these provisions in appropriate
cases as may be required.
A.
Standards for street design.
(1)
Minimum standards. Minimum standards shall be as follows:
|
Street Classification
| |||
|---|---|---|---|
|
Standard
|
Minor
|
Collector
| |
|
Minimum width of right-of-way (feet)
|
50*
|
60
| |
|
Minimum width of pavement (feet)
|
30*
|
36
| |
|
Minimum radius of horizontal curves (feet)
|
150, except for street intersection corners (See § 220-25C below.)
|
250
| |
|
Minimum length of vertical curves (feet)
|
100, but not less than 20 additional feet for
each 1 1/2% or part thereof algebraic difference of grade
|
200, but not less than 50 additional feet for
each 1% algebraic difference of grade
| |
|
Minimum length of tangents between reverse curves
(feet)
|
100, except where excessive grades may be reduced
to reasonable grades by shortening tangent
|
200
| |
|
Maximum grade
|
8%, except that grades up to 12% may be approved
on short runs
|
6%
| |
|
Minimum grade
|
1/2%
|
1/2%
| |
|
Minimum sight distance (feet)
|
150
|
300
| |
|
*NOTE: In subdivisions where there is a need
to preserve the natural terrain and maintain the scale of street layouts,
the Planning Board may reduce the right-of-way to 40 feet with a paved
area of 26 feet. This will be done only after the plan of the subdivision
has been approved based on a fifty-foot right-of-way street layout.
| |||
(2)
Standards for gutter line gradients and culs-de-sac.
Gutter line gradients and culs-de-sac shall be a minimum of 0.5%.
(3)
Minimum length of vertical curves.
(a)
The length (L) in feet of a vertical curve shall
be related to the algebraic difference in the percent of grade (A)
and a constant (K = 35 for both major and minor streets) according
to the following formula: L = KA.
(b)
This formula shall be used for both sag and
crest vertical curves.
(c)
Where terrain conditions make this criterion
impractical, then basis for design curvature must be specially approved
by the Planning Board.
B.
Grades near intersection. Grades of all streets shall
conform in general to the terrain and shall not be more than 2 1/2
within 100 feet of the center line of any intersection.
C.
Curve radii at street intersections. All street right-of-way
lines at intersections shall be rounded by curves at least 25 feet
radius, and curbs shall be adjusted accordingly.
D.
Steep grades and curves: visibility at intersections.
A combination of steep grades and curves shall be avoided. In order
to provide visibility for traffic safety, that portion of any corner
lot, whether at an intersection entirely within the subdivision or
of a new street with an existing street, which is shown shaded on
Sketch A shall be cleared of all growth except isolated trees and
obstructions above the level three feet higher than the center line
of the street If directed, ground will be excavated to achieve visibility.
E.
Culs-de-sac. Where dead-end streets are designed to
be so permanently, they should, in general, not exceed 500 feet in
length and shall terminate in a circular turnaround having a minimum
right-of-way radius of 50 feet and pavement radius of 34 feet. At
the end of temporary dead-end streets, a temporary turnaround with
a pavement radius of 40 feet shall be provided, unless the Planning
Board approves an alternate arrangement.
F.
Watercourses.
(1)
Where a watercourse separates a proposed street from
abutting property, provision shall be made for access to all lots
by means of culverts or other structures of design approved by the
Planning Board Engineer.
(2)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way as required by the Planning Board
Engineer and in no case less than 20 feet in width.
G.
Curve data. In general, street lines within a block
deflecting from each other at any one point by more than 10º
shall be connected with a curve, the radius of which for the inner
street curve shall not be less than 250 feet on collector streets
and 100 feet on minor streets. The outer street curve in each case
shall be the same radius point as the inner street curve. A vertical
curve is required where there is a change in grade of more than 1 1/2%
so that clear visibility shall be provided for a safe distance.
H.
Improvements required. Streets shall be graded and
improved with pavements, curbs and gutters, sidewalks, drainage facilities,
water mains, sewers, streetlights and signs, street trees and fire
hydrants, except where waivers may be requested, and the Planning
Board may waive, subject to appropriate conditions, such improvements
as it considers may be omitted without jeopardy to the public health,
safety and general welfare. Pedestrian easements shall be improved
as required by the Planning Board Engineer. Such grading and improvements
shall be approved as to design and specifications by the Planning
Board Engineer.
I.
Utilities in streets. The Planning Board may require
that underground utilities be placed in the street right-of-way between
the paved roadway and street line to simplify location and repair
of lines when they require attention. The subdivider shall install
underground service connections to the property line of each lot within
the subdivision for such required utilities before the street is paved.
J.
Utility easements. Where topography is such as to
make impractical the inclusion of utilities within the street rights-of-way
or when required by the Planning Board, perpetual rear line unobstructed
easements at least 20 feet total in width shall be provided with satisfactory
access to the street. Wherever possible, easements shall be continuous
from block to block and shall present as few irregularities as possible.
Such easements shall be cleared and graded where required.
K.
Service streets or loading space in commercial development.
Paved rear service streets of not less than 20 feet in width or, in
lieu thereof, adequate off-street loading space, suitably surfaced,
shall be provided in connection with lots designed for commercial
use.
L.
Free flow of vehicular traffic abutting commercial
developments. In front of areas zoned and designed for commercial
use or where a change of zoning to a zone which permits commercial
use is contemplated to permit such use, the street width shall be
increased by such amount on each side as may be deemed necessary by
the Planning Board to assure the free flow of through traffic without
interference by parked or parking vehicles and to provide adequate
and safe parking space for such commercial or business district.
M.
Street names.
(1)
Type of name. All streets shown on a preliminary layout
or subdivision plat shall be named or approved by the Planning Board.
Streets shall have names and not numbers or letters, such as "1st,"
"First" or "A" Street.
(2)
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names within the Village limits and,
insofar as possible, in any school district or fire district which
may be partially in other Villages or the Town of Brookhaven.
(3)
Existing and traditional names. All existing street
names shall be extended where proposed streets follow along their
alignment. All historic or traditional names shall be preserved even
though the actual street alignment has been changed.
A.
Lots to be buildable. The lot arrangement shall be
such that, in constructing a building in compliance with the Zoning
Ordinance, there will be no foreseeable difficulties for reasons of
topography or other natural conditions. Lots shall not be of such
depth as to encourage the later creation of a second building lot
at the front or rear. All natural flow must be contained.
B.
Side lines. All side lines of lots shall be at right
angles to straight street lines and radial to curved street lines,
unless a variation from this rule will give a better street or lot
plan.
C.
Corner lots. Corner lots shall be of sufficient dimensions
so that any structure placed thereon shall conform to the building
setback line of each street and still leave sufficient clearance to
rear lot lines.
D.
Driveway access. Where practicable, lots shall be
so laid out that the driveways have access to that street on which
they abut which carries or is intended to carry the lesser amount
of traffic. Driveway grades between the street and the setback line
shall not exceed 10% without the consent of the Planning Board.
E.
Access from private streets. Access from private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with this chapter.
F.
Monuments and lot corner markers. Permanent monuments
meeting specifications approved by the Planning Board Engineer as
to size, type and installation shall be set at each corner of every
parcel, angle points, points of curves in streets and other locations
as the Planning Board Engineer may require, and their location shall
be shown on the subdivision plat.
G.
Grade of lots.
(1)
Lots within a subdivision, wherein the grade is such
that the Planning Board requires a grading plan prior to issuance
of a building permit, shall be subject to payment of an additional
inspection fee as set forth in the Table of Fees[1].
[Added 3-8-1979 by L.L. No. 2-1979; amended 3-7-1984 by L.L. No. 2-1984; 8-3-2009 by L.L. No.
2-2009; 11-15-2010 by L.L. No. 10-2010]
(2)
When the Planning Board determines that the grade
of lots requires further topographic detailing, it may require a plan
at a scale of one inch equals 20 feet with elevations shown at two-foot
intervals.
A.
Removal of spring and surface water. The subdivider
may be required by the Planning Board to carry away by pipe or open
ditch any spring or surface water that may exist either previous to
or as a result of the subdivision. Such drainage facilities shall
be located in the street right-of-way where feasible or in perpetual
unobstructed easements of appropriate width.
B.
Drainage structure to accommodate potential development
upstream. A culvert or other drainage facility shall, in each case,
be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or outside the subdivision. The Planning
Board Engineer shall approve the design and size of facility based
on anticipated runoff from a ten-year storm under conditions of total
potential development permitted by the Zoning Ordinance in the watershed.
C.
Responsibility for drainage downstream. The subdivider's
engineer shall also study the effect of each subdivision on existing
downstream drainage facilities outside the area of the subdivision;
this study shall be reviewed by the Planning Board Engineer. Where
it is anticipated that the additional runoff incident to the development
of the subdivision will overload an existing downstream drainage facility
during a five-year storm, the Planning Board shall notify the Village
Board of such potential condition. In such case, the Planning Board
shall not approve the subdivision until provision has been made for
the improvement of said condition.
D.
Within the subdivision itself, the increased runoff
from the development on each individual lot must be appropriately
collected. Runoff from roofs, driveways, patios and other paved areas
from each lot shall be collected and disposed of without the runoff
draining onto any adjacent properties, except as part of an overall
drainage plan for the area. Piping, dry wells, swales or other suitable
means of runoff collection shall be provided to accommodate any increase
in runoff which is beyond the natural runoff of each parcel prior
to development. These drainage facilities shall be shown on a drainage
plan approved by the Planning Board.
E.
Standards for drainage and collection system.
(1)
The collection system shall be designed in accordance
with the rational method of design, using the formula Q=AiR, where:
(a)
"Q" is the required capacity in cubic feet per
second for the collection system at the point of design.
(b)
"A" is the tributary drainage area in acres
and shall include areas from outside sources as well as from within
the subdivision itself.
(c)
"i" is the coefficient of runoff applicable
to the drainage area and shall be selected in accordance with the
following table:
|
Table I
| |||
|---|---|---|---|
|
Zoning
|
Hilly Terrain (i)
|
Flat Terrain (i)
| |
|
Residence R-A
|
34%
|
25%
| |
|
Residence R-B1
|
36%
|
27%
| |
|
Residence R-B2
|
38%
|
28%
| |
|
Residence R-B3
|
38%
|
28%
| |
|
Residence R-M
|
37%
|
27%
| |
|
Residence R-O
|
44%
|
34%
| |
|
Residence P-A
|
55%
|
45%
| |
(d)
"R" is the rainfall intensity in inches per
hour and shall be determined by the following formula:
|
R
|
=
|
120
_____
t + 20
| |
|---|---|---|---|
|
where "t" is the time of concentration in minutes
at the point of design.
| |||
(2)
Pipes or conduits shall be designed using Manning's
formula for velocity:
|
V
|
=
|
1,486
_____
n
|
x R2/3 x 5 1/2
| |
|---|---|---|---|---|
|
in which the "R" is the hydraulic radius of
the conduit flowing full, "n" is the coefficient of friction (n =
0.015 for concrete pipes and n = .010 for paved corrugated steel pipe)
and "S" is the slope of the pipe in feet per foot. The slope "S" shall
generally be considered to be the slope of the invert of the pipe
except that such slope shall be checked against the available hydraulic
gradient wherever the system discharges against an existing hydraulic
head.
| ||||
(3)
The design velocities in pipes shall be limited to
three feet per second minimum and 10 feet per second maximum unless
special approval for unusual conditions is granted by the Planning
Board.
(4)
Manholes shall be provided in drainage pipe lines
not more than 350 feet apart and wherever branches are connected,
pipe sizes are changed or there are changes in pipe alignment or pipe
grade.
(5)
Pipelines shall be laid on accurate grade and in a
straight line between manholes.
(6)
Drainage pipelines shall be placed as nearly as possible
on the center line of the road.
(7)
Not more than two catch basins shall be interconnected
before being connected to a manhole.
F.
Stormwater recharge basins.
(1)
Stormwater recharge basins enclosed by a six-foot-high
(minimum) fence designed to be impervious to infestation shall be
provided wherever there is no available outlet for stormwater or where,
in the opinion of the Planning Board, a potential drainage problem
exists. In general, a tributary area of eight acres or more shall
be deemed to necessitate a stormwater recharge basin. In smaller areas
drainage facilities shall be installed as directed by the Planning
Board.
(2)
Recharge basins shall provide storage capacity in
accordance with the following table based on a six-inch rainfall and
where suitable means of overflow can be provided:
|
Table II
For Six-Inch Rain
| |||
|---|---|---|---|
|
Terrain
(cubic feet per acre)
| |||
|
Zoning
|
Hilly
|
Flat
| |
|
Residence R-A
|
7,400
|
5,400
| |
|
Residence R-B1
|
7,800
|
5,900
| |
|
Residence R-B2
|
8,250
|
6,100
| |
|
Residence R-B3
|
8,250
|
6,100
| |
|
Residence R-M
|
8,000
|
5,900
| |
|
Residence R-O
|
9,600
|
7,400
| |
|
Residence P-A
|
12,000
|
9,800
| |
|
Recharge basins with no positive overflow shall
be increased 50% in capacity above results obtained by use of Table
II.
| |||
(3)
A five-foot buffer area shall be provided outside
of the fence for planting.
(4)
Working area. In each recharge basin adequate space
for maintenance machinery shall be provided within the fenced area.
In addition, a ramp 10 feet wide shall be constructed to the bottom
of the basin on a 3:1 slope or less to furnish access to the bottom.
(5)
Two-level construction. Where possible, recharge basins
shall be constructed with a stepped bottom producing two levels with
a minimum of 24 inches difference in elevation between levels. In
such cases, piping and headwalls shall be installed to conform to
the lowest elevation.
(6)
Brooks, ditches and stream beds. Where existing brooks,
water-bearing ditches or dry stream beds giving evidence of continual
or seasonal runoff use are encountered, such areas shall be maintained
for drainage purposes or other adequate means of providing for such
drainage must be installed at developer's expense after approval by
the Planning Board. The following criteria shall apply in such cases:
(a)
Where brooks, ditches and stream beds are maintained as outlets after approval of the Planning Board, they shall be designed by the use of Manning's formula as set forth in § 220-27E(2). The friction factor shall be 0.025 for earth ditches and 0.013 for paved ditches.
(b)
Slopes for banks shall not be steeper than one
on three.
(c)
Design velocities shall not exceed three feet
per second for unpaved ditches.
(d)
A right-of-way or drainage easement of sufficient
minimum width to include a twenty-foot access strip in addition to
the width of the ditch, brook or stream bed as measured from bank
top to bank top shall be offered to the Village for drainage purposes.
Such right-of-way or drainage easement shall be shown on the drainage
plan and on the final plan, with proper bearings and distances indicated.
G.
General drainage design standards.
(1)
Valley gutters. Valley gutters will be permitted at
T-intersections where they will be parallel to the center line of
the through road and shall be installed only after design approval
by the Planning Board. In general, the crown of the intersecting road
will be gradually eliminated starting from a point about 30 feet back
from the flow line of the through street. At other than T-intersections,
valley gutters will be permitted only when warranted by limited traffic
use as approved by the Planning Board.
(2)
Surface drainage in gutters. Surface drainage in gutters
shall be limited to that flow which will not exceed 4 1/2 inches
in depth at the curb based on the individual conditions of road grade,
runoff factor, rainfall intensity and tributary area.
(3)
Inlet length. Length of inlets of A modified basins
shall be as directed by the Planning Board.
(4)
Drainage structures on state or county land. Drainage
structures which are located on county or state highway rights-of-way
shall be approved by the appropriate highway engineer's office and
a letter of approval from that office shall be filed with the Village
Planning Board. When required by § 239k of the General Municipal
Law or § 52 or 136 of the Highway Law, county or state approval
must be obtained.
(5)
Individual plot grading. Individual plot grading studies
will be made from map data submitted and where required in the opinion
of the Planning Board.
H.
Retaining walls.
(1)
Where retaining walls are required by reason of plot
grading or terrain, they shall be designed by a licensed professional
engineer or equivalent approved person prior to construction in accordance
with Village specifications and as approved by the Planning Board
Engineer.
(2)
Retaining walls shall be provided in each case where
a slope greater than one vertical on a three horizontal exists or
is created for a vertical change in grade of four feet or more.
[Amended 2-25-2002 by L.L. No. 3-2002]
I.
Concrete curbs.
(1)
Line and grade stakes. The developer's engineer or
surveyor shall set line and grade stakes for curbing at a maximum
distance of 50 feet centers or horizontal or vertical tangents but
shall install such stakes on 25 feet or less centers to delineate
horizontal and vertical curves as directed by the Planning Board Engineer.
At street intersections, the center of curvature of the curbs shall
be staked together with three grade stakes on the are of the curve:
one at the P.C., one at the P.T. and one intermediate or radial.
(2)
Construction. Concrete curbs shall be required on
all streets specified by the Planning Board. They shall be constructed
as shown on detail drawings in accordance with type specified by the
Planning Board. The curb shall be cast in sections 16 feet long with
a one-piece, one-half-inch bituminous expansion joint between sections.
Concrete shall be 3,000 pound test.
(3)
Forms. All forms shall be set true to line and grade
and held rigidly in place. No abrupt changes in alignment, either
vertical or horizontal, shall be allowed. Particular care shall be
used where vertical and horizontal curves are called for. Forms shall
be constructed of metal or acceptable planed-and-matched lumber and
shall be so aligned and braced that smooth surfaces will result. Before
the forms are removed and while the concrete is still workable, the
outer top face (road side) shall be edged with an edging tool which
will produce a rounded corner with a one-inch radius. The rear edge
shall have a rounded finish with a one-fourth-inch radius. The forms
shall be left in place until the concrete has set sufficiently so
that the front form (road side) can be removed without injury to the
surface finish. This can normally be accomplished on the same day
that the curb is poured. Immediately upon removal of the front form
and while the concrete is still green, the surface shall be floated
with a rubber, felt or cork float to a smooth and uniform surface.
All fins shall be removed. Plastering shall not be allowed.
J.
Paved driveway. A driveway of stone screenings three
inches thick topped with a two-inch thickness of asphaltic concrete
shall be installed to furnish access from the paved roadway to the
recharge basin gate. This driveway shall be placed on a properly prepared
subbase six inches thick. Standard curb cuts shall be placed at the
street curb. The driveway shall conform in all respects to the detail
drawing, shall be located in the center of the access right-of-way
and shall be located with proper reference to the entrance gate.
K.
Piping.
(1)
Concrete. Pipe shall be laid accurately to line and
grade as shown on approved drawings furnished by the developer's surveyor
or engineer. Joints shall be filled with 1:2 cement mortar. Pipes
shall be laid on undisturbed earth with holes excavated under bell
for jointing. When the trench has been excavated below profile depth,
suitable material properly compacted shall be used to bring the bottom
of the trench to the finished grade.
(2)
Corrugated polyethylene storm drain pipe shall meet
the requirements of Section 706-14 of the New York State Department
of Transportation Standard Specifications.
A.
Parks and playgrounds.
(1)
The Planning Board requires that parks, playgrounds
and other recreational areas be offered for dedication to the Village
and that the plat show sites of a character, extent and location suitable
for the development of a park, playground or other recreation purpose.
The Planning Board shall not require more than 10% of the gross area
of subdivision to be dedicated and shown on the plat for recreation.
Such area or areas may be dedicated to the Village by the subdivider
if the Village Board of Trustees approves such dedication.
(2)
Two acres is the minimum of contiguous recreation
space which shall be acceptable to the Planning Board. In subdivisions
of 20 acres or less, park and playground areas of lesser size may
be approved when the Planning Board finds that the difference between
the recreation area shown on the plat and two acres may be made up
in connection with the subdivision of adjacent land.
B.
Information to be submitted. In the event that an
area to be used for a park or playground is required to be so shown,
the subdivider shall submit, prior to final approval, to the Planning
Board three prints (one on cloth) drawn in ink, showing, at a scale
of not less than 30 feet to the inch, such area and the following
features thereof:
(1)
The boundaries of said area, giving lengths and bearings
of all straight lines and radii and lengths of all curves. All lengths
shall be in feet and hundredths of a foot, and all angles shall be
given to the nearest 10 seconds. The error of closure shall not exceed
one to 10,000.
(2)
Existing features such as brooks, ponds, clusters
of trees, rock outcrops and structures.
(3)
Existing and, if applicable, proposed changes in grades
and contours of said area and of the area immediately adjacent.
C.
Waiver of plat designation of area for parks and playgrounds.
[Amended 11-5-1980 by L.L. No. 14-1980; 3-6-1985 by L.L. No. 2-1985; 10-9-1985 by L.L. No. 8-1985]
(1)
In cases where the Planning Board finds that, due
to the size, topography or location of the subdivision, land for a
park, playground or other recreational purpose cannot be properly
located therein or if, in the opinion of the Planning Board, it is
not desirable, the Planning Board may waive the requirement that the
plat show land for such purposes. The Planning Board shall then require,
as a condition to the approval of the plat, a payment to the Village
based on appraisal.
[Amended 8-3-2009 by L.L. No. 2-2009]
(2)
At the time of final plat approval and as a condition
for said approval, the recreation fee shall be paid in full to the
Board of Trustees or by a minimum cash payment of 50% of the recreation
fee and by posting a recreation fee bond for the remaining 50%, payable
within six months from said date of final approval. All such payments
shall be held by the Board of Trustees in a special Village Recreation
Site Acquisition and Improvement Fund to be used for land that.
(a)
Is suitable for permanent park, playground or
other recreational purposes.
(b)
Is so located that it will serve primarily the
general neighborhood in which the land covered by the plat lies.
(c)
Shall be used only for a park, playground or
other recreational land acquisition or improvement of existing parks
or recreation areas serving the general neighborhood in which the
plat is situated.
E.
Preservation of natural features. The Planning Board
shall, wherever possible, establish the preservation of all natural
features which add value to residential developments and to the community,
such as large trees or groves, rock outcrops, watercourses and falls,
beaches, historic spots, vistas and similar irreplaceable assets.
No tree with a diameter of four inches or more as measured three feet
above the base of the trunk shall be removed unless such tree is within
paved area of the right-of-way of a street as shown on the final subdivision
plat. Removal of additional trees shall be subject to the approval
of the Planning Board. In no case, however, shall a tree with a diameter
of eight inches or more as measured three feet above the base of the
trunk be removed without prior approval by the Planning Board.
