Village of Warwick, NY
Orange County
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Table of Contents
Table of Contents
In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article V hereof.
The following shall be general requirements for the subdivision of land:
A. 
Character of land. Land to be subdivided for building purposes shall be of such a character that it can be used safely without danger to the residents from any menace.
B. 
Conformity to Official Map and Master Plan. Subdivisions shall conform to the Official Map of the village, if such exists, and shall be in harmony with the Master Plan.
C. 
Specifications for required improvements. All required improvements shall conform to the village specifications, which may be obtained from the Village Engineer.
A. 
Width, location and construction. Streets shall be of sufficient width, suitably located and adequately constructed to conform with the minimum road specifications[1] and the Master Plan, if such exists, and to accommodate the prospective traffic and afford access for fire fighting, 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.
[1]
Editor's Note: See Ch. A149, Minimum Specifications for Streets.
B. 
Arrangement. The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions and for 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.
D. 
Special treatment along 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. 
Provision for future resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations.
F. 
Dead-end streets. 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, provided that interior parks are covered by appropriate covenants as to maintenance. In the case of dead-end streets, the Board may require the reservation of a twenty-foot wide easement, where needed or desirable, to provide for continuation of pedestrian traffic and utilities to the next street. 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.
G. 
Block size. Blocks shall not be excessively long. Blocks generally shall not be less than 400 feet in length. In general, no block shall be less than twice the normal lot depth in width nor more than 1,200 feet in length. In blocks exceeding 800 feet in length, the Planning Board may require the reservation of a twenty-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic, where needed or desirable, and may further specify, at its discretion, that a four-foot-wide paved footpath be included. The Planning Board shall make provisions for the proper maintenance of any such easement.
H. 
Intersections with major roads. Minor or secondary street openings into a major road shall, in general, be at least 500 feet apart.
I. 
Street jogs with center-line offsets of less than 125 feet shall generally not be permitted.
J. 
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.
K. 
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.
L. 
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 distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
A. 
Widths of rights-of-way. Streets shall have the following widths. When not indicated on the Master Plan or Official Map, if such exists, the classification of streets shall be determined by the Board.
Streets
Minimum Right-of-Way
(feet)
Minimum Pavement
(feet)
Major Arterial
66
54
Collector
60
48
Local
50
35
B. 
Improvements. Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, drainage facilities, water mains, sewers, street lights and signs, street trees and fire hydrants, except where waivers may be requested. The Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health and safety and general welfare. Pedestrian easements shall be improved as required by the Village Engineer. Such grading and improvements shall be approved as to design and specifications by the Village Engineer.
(1) 
Fire hydrants. Installation of fire hydrants shall be in conformity with all requirements of standard thread and nut as specified by the New York Fire Insurance Rating Organization and the Bureau for Fire of the Division of Safety[1] of the State of New York.
[1]
Editor's Note: Now the Division of Fire Safety of the Office of Local Government of the Executive Department.
(2) 
Streetlighting facilities. Lighting facilities shall be in conformance with the lighting system of the village. Such lighting standards and fixtures shall be installed after approval by the appropriate power company and the authorized Village Electrical Inspector.
C. 
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.
D. 
Utility easements. Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least 20 feet in width shall be otherwise 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.
E. 
Grades. Grades of all streets shall conform in general to the terrain and shall not be less than 1/2 of 1% nor more than 6% for major or collector streets, or 10% for minor streets in residential zones, but in no case more than 3% within 50 feet of any intersection.
F. 
Changes in grade. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Village Engineer so that clear visibility shall be provided for a safe distance.
G. 
Curve radii at street intersections. All street right-of-way lines at intersections shall be rounded by curves of at least 20 feet in radius and curbs shall be adjusted accordingly.
H. 
Steep grades and curves; visibility of 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 at an intersection of a new street with an existing street, which is shown shaded on Sketch No. 1 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 the Planning Board so directs, ground shall be excavated to achieve visibility.
I. 
Dead-end streets. Where dead-end streets are designed to be so permanently, they should in general not exceed 400 feet in length and shall terminate in a circular turnaround having a minimum right-of-way radius of 50 feet and pavement radius of 40 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.
J. 
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 Village 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 Village Engineer, and in no case less than 20 feet in width.
K. 
Curve radii. In general, street lines within a block deflecting from each other at any one point by 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 major streets, 250 feet on collector streets and 100 feet on minor streets. The outer street line in each case shall be parallel to such inner street line.
L. 
Service streets or loading space in commercial developments. 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.
M. 
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 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.
A. 
Type of name. All streets shown on a preliminary layout or subdivision plat shall be named and approved by the Planning Board. Streets shall have names and not numbers or letters, such as "1st" or "A" Street.
B. 
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, except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name.
A. 
Lots to be usable for construction. The lot arrangement shall be such that in constructing a building in compliance with the Zoning Ordinance[1] 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.
[1]
Editor's Note: See Ch. 145, Zoning.
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 variance 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.
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 streets and the setback line shall not exceed 10%.
E. 
Access from private streets. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with these regulations.
F. 
Monuments and lot corner markers. Permanent monuments meeting specifications approved by the Village Engineer as to size, type and installation shall be set at such block corners, angle points, points of curves in streets and other points as the Village Engineer may require and their location shall be shown on the subdivision plat.
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 Village 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[1] in the watershed.
[1]
Editor's Note: See Ch. 145, Zoning.
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 Village 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 Board of Trustees 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. 
Land subject to flooding. Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, 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.
A. 
Recreation areas and school sites shown on Village Plan. Where a proposed park, playground, open space or school site shown on the Village Plan is located, in whole or in part, in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the Village or county by the subdivider if the Board of Trustees approves such dedication.
B. 
Parks and playgrounds not shown on Village Plan.
(1) 
The Planning Board shall require that the plat show sites of a character, extent and location suitable for the development of a park, playground or other recreation purpose.
(2) 
The Board shall require that no more than three acres of recreation space be provided per 100 dwelling units shown on the plat; provided that in no case shall the amount be less than 10% of the gross area of the subdivision. Such area or areas may be dedicated to the Village or county by the subdivider if the Board of Trustees approves such dedication.
(3) 
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.
C. 
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 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 the said area, giving lengths and bearings of all straight lines and radii, lengths, central angles, tangent distances and radial bearings 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 1:10,000.
(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 the said area and of the area immediately adjacent.
D. 
Fee in lieu of parklands.
[Amended 5-1-2000 by L.L. No. 6-2000]
(1) 
If the Planning Board determines that a suitable site for a public park is unavailable within the proposed plat or site plan or if the Planning Board shall find that the Village will be better served by a payment in lieu of parkland, then and in that event the Planning Board shall condition the final approval of the plat or site plan upon a payment per new dwelling unit proposed within the plat or site plan as set forth in Chapter 63, Fees.
(a) 
The proposed map, plan or plat shall not be finally approved or released for filing with the County Clerk until all fees due pursuant to this section have been paid in full.
(b) 
The Village Board may from time to time amend the fee to be imposed; provided, however, that such modification shall take effect at midnight following the annual reorganization meeting of the Board of Trustees. Said fee shall also be reflected in the "Schedule of Fees" forming a part of the Subdivision and Site Plan Regulations of the Village.
(2) 
All payments received by the Village in lieu of parklands shall be held by the Village for the acquisition of parklands and/or for capital improvements to existing parks, playground or other recreational facilities within the village.
E. 
School sites. Upon receipt from the School Board of a letter declaring its interest in a school site of a specific size and location within a proposed subdivision, the Planning Board may require a subdivider to set aside such area. Upon the failure of the proper authorities to purchase such school site within 36 months after the date of the approval of the plat, the subdivider, upon application to the Board and approval of such application, shall be relieved of the responsibility of showing such land for public purposes.
F. 
Reserve strips prohibited. Reserve strips of land, which might be used to control access from the proposed subdivision to any neighboring property or to any land within the subdivision itself, shall be prohibited.
G. 
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, watercourses and falls, beaches, historic spots, vistas and similar irreplaceable assets. No tree with a diameter of eight inches or more as measured three feet above the base of the trunk shall be removed unless such tree is within 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.