The Planning Board, in considering an application for the subdivision of land, shall be guided by the following considerations and standards.
Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
Conformity to Official Map and Village Plan. Subdivisions shall conform to the streets and parks shown on the Official Map of the Village as it is developed and adopted by the Village Board, and they shall be properly related to the Village Master Plan as it is developed and accepted as a guide or adopted by the Planning Board.
Provisions for application under § 7-738 of the Village Law of the State of New York and/or any successor or amendment thereto.
[Added 1-16-2001 by L.L. No. 1-2001]
The Planning Board is empowered to modify applicable provisions of the Zoning Ordinance in accordance with the provisions of § 7-738 of the Village Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands.
A subdivider or the Planning Board may request the use of § 7-738, in which case the subdivider shall present along with the proposal, in accordance with the provisions of § 7-738, a conventional sketch plat which is consistent with all the criteria established by this chapter.
Upon determination of the Planning Board that such proposal is suitable for application under § 7-738 of the Village Law, the applicant may proceed with his application for subdivision review.
Permitted use. The permitted uses within a cluster development shall be the same as those otherwise permitted in the zoning district in which it is located.
Location, width and improvement of streets. Streets shall be suitably located, of sufficient width, and adequately improved to accommodate the prospective traffic and to afford satisfactory access to police, firefighting, snow-removal or other road-maintenance equipment, and shall be coordinated so as to compose a convenient system. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties.
Relation to topography. Streets shall be logically related to the topography, and all streets shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and sharp curves shall be avoided.
Block size. Within any zoning district, block dimensions shall be at least twice the minimum lot depth and generally not more than 12 times the minimum lot width. In long blocks, the Planning Board may require the renovation through the block of a twenty-foot-wide easement to accommodate utilities or pedestrian traffic. See § 26-14.
Intersections. Intersections of arterial streets by other streets shall be at least 800 feet apart, if possible. Cross-street (four-cornered) intersections shall be avoided insofar as possible, except at important traffic intersections. A distance of at least 150 feet shall be maintained between offset intersections. Within 40 feet of an intersection, streets shall be approximately at right angles and grades shall be limited to 1 1/2%. All street-intersection corners shall be rounded by curves of at least 30 feet in radius at the property line. Within triangular areas formed by the intersecting street lines, for a distance of 75 feet from their intersection and the diagonals connecting the end points of those lines, visibility for traffic safety shall be provided by excavating, if necessary. Nothing in the way of fences, walls, hedges or other landscaping shall be permitted to obstruct such visibility.
Continuation of streets into adjacent property. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision of utilities and particularly where such continuation is in accordance with the Village Plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way and improvements shall be extended to the property line. A temporary circular turnaround of a minimum of 60 feet in radius shall be provided on all temporary dead-end streets, with the notation on the plat that land outside the street right-of-way shall revert to abutters whenever the street is continued. The Planning Board may limit temporary dead-end streets to a length not more than double the permitted length of permanent dead-end streets.
Permanent dead-end streets. Where a street does not extend to the boundary of the subdivision and its continuation is not needed for access to adjoining property, it shall be separated from such boundary by a distance not less than the average lot depth of the proposed lots on the street. Reserve strips of land shall not be left between the end of a proposed street and an adjacent piece of property. However, the Planning Board may require the reservation of a twenty-foot-wide easement to accommodate pedestrian traffic or utilities. A circular turnaround of a minimum right-of-way radius of 65 feet shall be provided at the end of a permanent dead-end street. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length to six times the minimum lot width for the zoning district.
Street names. All streets shall be named, and such names shall be subject to the approval of the Planning Board. Names shall be sufficiently different in sound and in spelling from other street names in the Village so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name.
[Amended 12-7-1970; 1-19-1987 by L.L. No. 1-1987]
Street improvements. Streets shall be graded and improved with pavement, street signs, streetlighting standards, curbs, gutters, street trees, water mains, sanitary sewers, storm drains, fire hydrants and sidewalks, except that waivers may be requested and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of public health, safety and general welfare. If placed in the street right-of-way, underground utilities required by the Planning Board shall be placed between the paved roadway and the street line to simplify the location and repair of the lines. The subdivider shall install underground service connections to the property line of each lot before the street is paved. Such grading and improvements shall conform to the Village minimum road specifications and shall be approved as to design and specifications by the Village Engineer. The developer, before the approval of the final subdivision plat, shall complete all improvements to the satisfaction of the Village Engineer and post a performance bond sufficient to insure the satisfactory completion of such improvements.
Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Ordinance, and in providing access to buildings on such lots from an approved street.
Access across a watercourse. Where a watercourse separates the buildable area of a lot from the street by which it has access, provision shall be made for installation of a culvert or other structure of design approved by the Village Engineer.
Lot dimensions. Lot dimensions shall at the least comply with the minimum standards of the Zoning Ordinance. Where lots are more than double the minimum required area for the zoning district, the Planning Board may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots.
Side lot lines. Side lot lines may be at right angles to street lines or at an angle no smaller than 55° as measured from the street line.
Access from major streets. Lots shall not, in general, derive access exclusively from a major street. Where driveway access from a major street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit possible traffic hazards on such street.
Parks and playgrounds. The Planning Board may require adequate, convenient and suitable areas for parks and playgrounds, or other recreational purposes, to be reserved on the plat, but in no case more than 10% of the gross area of any subdivision. The area shall be shown and marked on the plat "Reserved for Park or Playground Purposes."
Widening or realignment of existing streets. Where the subdivision borders an existing street, and the Official Map or Master Plan indicates plans for realignment or widening of the street that would require reservation of some land of the subdivision, the Planning Board may require that such areas be shown and marked on the plat "Reserved for Street Realignment (or Widening) Purposes."
Utility and drainage easements. Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights-of-way, perpetual unobstructed easements at least 20 feet in width for such utilities shall be provided across property outside the street lines and with satisfactory access to the street. Easements shall be indicated on the plat.
Easements for pedestrian access. The Planning Board, where it deems necessary, may require, in order to facilitate pedestrian access from streets to schools, parks, playgrounds or other nearby streets, perpetual unobstructed easements at least 20 feet in width. Easements shall be indicated on the plat.
Responsibility for ownership of reservations. Ownership shall be clearly indicated on all reservations for parks and playground purposes.
Preservation of existing features. Existing features which would add value to residential development, such as large trees, watercourses and falls, beaches, historic spots and similar irreplaceable assets, should be preserved, insofar as possible, through the harmonious design of the subdivision.
Modification of standards. The Planning Board may modify the specified requirements in any individual case where, in the Board's judgment, such modification is in the public interest or will avoid the imposition of unnecessary individual hardship.
All development of property is further controlled by the Design Criteria and Construction Specifications for Land Development adopted by the Board of Trustees of the Village of Brockport June 10, 1985.
[Added 12-7-1970; amended 12-16-1985 by L.L. No. 11-1985]
Editor's Note: Design Criteria and Construction Specifications for Land Development are on file in the Village's office.