Village of Fort Plain, NY
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fort Plain 6-24-1971 as Appendix A of the 1971 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 69.
Flood damage prevention — See Ch. 102.
Zoning — See Ch. 192.
The Board of Trustees may 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, and to approve the development of plats, entirely or partially undeveloped, which were filed in the office of the Clerk of the county in which such plat is located prior to the appointment of such Planning Board and to approve such plats.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
These regulations are enacted for the following purposes and for such other or further purposes as may be authorized by law:
A. 
To provide for the future growth and development of the village.
B. 
To afford adequate facilities for housing, transportation, distribution, comfort, convenience, safety, health and welfare.
C. 
To show in proper cases a park or parks suitably located for playground or other recreational purposes.
D. 
To require that the streets and highways shall be of sufficient width and suitable grade and shall be suitably located to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection and to provide access of fire-fighting equipment to buildings.
E. 
To assure that the subdivision streets and highways shall be coordinated so as to compose a convenient system conforming to the Official Map[1] and properly related to the Comprehensive Plan and Chapter 192, Zoning.
[1]
Editor's Note: The Official Map is on file in the office of the Village Clerk.
F. 
To find that the land shown on such plats shall be of such character that it can be used safely for building purposes without danger to health or peril from flood, fire or other menace.
For the purpose of these regulations, which shall be known as and may be cited as the "Village of Fort Plain Subdivision Regulations," certain words used herein are defined as follows:
BOARD
The duly appointed Planning Board of the Village of Fort Plain.
COMPREHENSIVE PLAN
A comprehensive plan prepared for and by the Board pursuant to Article 7 of the Village Law, which plan indicates the general locations recommended for the various public works, places and structures and for the general physical development of the Village of Fort Plain and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
FINAL PLAT
The final map or drawing on which the plan of subdivision is presented to the Board for approval and which, if approved, will be submitted to the County Clerk for filing.
OFFICIAL MAP
The map established by the Village of Fort Plain pursuant to Article 7 of the Village Law showing the streets, highways and parks theretofore laid out, adopted and established by law and any amendments thereto adopted by the Village of Fort Plain additions thereto resulting from the approval of subdivision plats by the Board and the subsequent filing of such approved plats. Streets not accepted by the Village of Fort Plain as public streets may be shown thereon but shall be marked as private streets.
PRELIMINARY PLAT
The preliminary drawing or drawings indicating the proposed manner or layout of the subdivision and width of proposed streets to be submitted to the Board for its consideration.
STREET
A public or private way for vehicular traffic.
A. 
Those streets which are used primarily for traffic with limited access.
B. 
Those streets which carry traffic from minor streets to the business industrial districts
C. 
Those streets which are used primarily for access to abutting residential properties. A "cul-de-sac" is a minor street with only one outlet and having a turning loop or wye at the closed end.
D. 
Those streets which are generally parallel with and adjacent to arterial streets and highways and provide access to abutting properties and protection from through traffic.
E. 
Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVISION
The division of any parcel of land into two or more lots, blocks, sites or other division of land, with or without streets or highways, for the purpose, whether immediate or future, of transfer of ownership or building development and shall include resubdivision in whole or in part of any plat, filed or unfiled, which is entirely or partially undeveloped.
Whenever any subdivision of land as hereinbefore defined as proposed to be made, the subdividing owner thereof or his agent shall apply, in writing, to the Board for approval of such subdivision. There shall first be filed with the Board a preliminary plan or layout of the entire property for conditional approval and subsequently thereto a final plat as hereinafter specified.
Prior to the filing of an application for approval of a preliminary plat, the subdivider, his agent or engineer may appear and submit general site information and data regarding existing conditions, a location map and a sketch plan with a request for informal consideration by the Board and for an expression of its views. No formal application is thereby required. The purpose of such appearance and submission of information and data is primarily to afford the subdivider an opportunity to consult informally and at an early stage with the Board with the view toward conserving the time and expense of the subdivider and creating mutual opportunities of the parties for the achievement of a desirable subdivision in the public interest.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
On reaching conclusions regarding the general program and objective following the preapplication appearances, if any, the subdivider shall cause to be prepared a preliminary plat, together with the following supplementary or supporting material:
(1) 
Topographic data on the tract and existing drainageways.
(2) 
Tract boundary lines, tract area and street layout.
(3) 
The name and right-of-way width of each street or other right-of-way.
(4) 
Utilities on and adjacent to the tract.
(5) 
The location, dimensions and purpose of any easements.
(6) 
A number to identify each lot and a letter to identify each block.
(7) 
The purpose for which sites, other than residential lots, are dedicated or reserved.
(8) 
A minimum setback line on all lots and other sites.
(9) 
The names of owners of record of adjoining unplatted land.
(10) 
Site data, including the number of residential lots, typical lot size, linear feet of streets, acres in parks, etc.
(11) 
The title, scale, North arrow and date.
B. 
Four copies of the preliminary plat and supplementary material so required shall be submitted to the Board with written application for conditional approval not less than seven days prior to a regularly scheduled meeting. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of SEQRA. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Procedures for public hearings, including notice thereof, and decisions of the Planning Board to approve with or without modifications or disapprove preliminary plats shall be in accordance with Village Law § 7-728, Subdivision 5.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
The procedure for approval of final plats shall conform substantially to the provisions of Village Law § 7-728.
B. 
The final plat may be submitted in stages.
C. 
Application for approval of the final plat and other material required for approval shall be submitted to the Planning Board by filing the plat and such other material with the Secretary of the Planning Board at least 10 days prior to the regular monthly meeting at which it is to be considered. The official submission date shall be the point at which the final plat is considered complete. The receipt of completed applications shall be pursuant to the regulations of Village Law § 7-728, Subdivision 6.
D. 
Four copies of the final plat and other material required for approval shall be submitted to the Planning Board within six months of preliminary plat approval, otherwise such preliminary plat approval shall become null and void unless an extension of time is applied for by the applicant and granted by the Planning Board.
E. 
Procedures for public hearings, including notice thereof, decisions of the Planning Board to approve with or without modifications or disapprove final plats and filing requirements and notice to the County Planning Board shall all be in accordance with Village Law § 7-728.
F. 
The subdivider will be required to tender offers of cession, in form approved as satisfactory by the attorney, of all sewers, drains, surface drains, waterlines and all land included in streets, parks or other public areas not specifically reserved as shown on the final plat, but approval of the final plat shall not constitute acceptance by the village of the dedication of such facilities without formal acceptance by the Village Board. This subsection shall not apply to corporations operating under the Transportation Law.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A filing fee to be set forth by resolution of the Board of Trustees[2], with a minimum fee per plat, shall be paid to the Village Clerk for credit to the account of the Planning Board in the general fund when the final plat is filed with the Board for final approval.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: See the current fee schedule in Ch. A196.
A. 
Streets.
(1) 
The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Plan and to the Official Map,[1] if any, and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety and to the proposed uses of the land to be served by such streets.
[1]
Editor's Note: The Official Map is on file in the office of the Village Clerk.
(2) 
The arrangement of streets in a subdivision shall either:
(a) 
Provide for the continuation, if appropriate, of major streets in the surrounding area; or
(b) 
Conform to a plan for the neighborhood approved by the Board to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.
(3) 
Minor streets shall be so laid out that their use by through traffic will be discouraged.
(4) 
Where a subdivision abuts or contains an existing or proposed arterial street or railroad, the Board may require a frontage street, 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.
(5) 
Reserve strips controlling access to streets, water mains, sewage mains, lines or treatment plants or other land dedicated or to be dedicated to public use shall be prohibited unless control thereof is expressly placed in the village under conditions approved by the Village Board.
(6) 
Street jogs with center-line offsets of less than 150 feet shall be avoided.
(7) 
A tangent between reverse curves on arterial and major streets shall be 100 feet minimum; on minor streets, 50 feet minimum in length.
(8) 
Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than 75°.
(9) 
Street right-of-way width shall not be less than 60 feet, except that a minor residential street right-of-way width may be not less than 50 feet.
(10) 
Cul-de-sac streets shall not be longer than 500 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 80 feet and a street property line diameter of at least 150 feet. A wye may be used, provided that a turning area 60 feet wide and 60 feet deep shall be provided. Dead-end streets shall not be permitted except as provided herein.
(11) 
No street or highway names shall be used which will duplicate or be confused with the names of existing streets or highways in the village or town. Street names shall be subject to the approval of the Board.
(12) 
Street grades shall be not less than five-tenths percent (0.5%) nor more than 10%.
B. 
Alleys. The minimum width of an alley shall be 20 feet, if provided.
C. 
Easements.
(1) 
Adequate easements centered on rear or side lot lines shall be provided for utilities where necessary. An easement width of 15 feet is required.
(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 conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose and as determined by the Village Board.
D. 
Blocks.
(1) 
The lengths, widths and shapes of blocks shall be determined with due regard to:
(a) 
The type of development proposed.
(b) 
Zoning requirements as to lot sizes and dimensions.
(c) 
The need for convenient access, circulation, control and safety of street traffic, with particular attention to limitation of the number and location of points of ingress or egress.
(d) 
The limitations and opportunities of topography.
(2) 
Block lengths shall not exceed 1,200 feet, nor be less than 600 feet.
(3) 
A pedestrian right-of-way, not less than 12 feet wide, in addition to any street, shall be provided where deemed essential by the Board to provide safe circulation or access to schools, playgrounds, parks, shopping centers, transportation and other community facilities.
E. 
Lots.
(1) 
The lot size, width, depth, shape and orientation and the building setback lines shall be appropriate for the location of the subdivision, topographical conditions and for the type of development and use contemplated.
(2) 
All lots shall have area and width equal to the minimum requirements in Chapter 192, Zoning, applying to the district in which they are located.
(3) 
Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.
(4) 
The subdividing of land shall be such as to provide each lot with frontage on an improved street, with satisfactory access to an existing public street.
(5) 
Every street shown on the plat that is hereafter filed or recorded in the office of the County Clerk shall be deemed to be a private street until such time as it has been formally offered for cession to the public and formally accepted as a public street by resolution of the village or alternatively until it has been condemned by the municipality for use as a public street.
(6) 
Double frontage lots should be avoided.
(7) 
Side lot lines shall be substantially at right angles or radial to street lines.
(8) 
Off-street parking space shall be required for all uses. In the case of dwellings, at least 180 square feet of off-street parking space per dwelling unit shall be provided back of the building setback line, plus access drive and maneuvering space.
F. 
Grading and drainage.
(1) 
Street layout, block grading and lot grading data shall be shown. The objective is to establish the street grades, floor elevations and lot grades in proper relation to each other and to existing topography, considering property protection, appeal, use and drainage. The developer shall allow no holes, depressions or other undrained areas to remain.
(2) 
Storm- and surface water drainage shall be designed for the tract in relation to the drainage area above the tract and drainage outlets into adjacent tracts. Drainage structures and facilities shall be installed as necessary to assure adequate drainage for the tract, and drainage easements shall be provided where necessary.
G. 
Public sites and open spaces. Where a proposed park, playground, school or other public use shown in the Comprehensive Plan or not anticipated in such Comprehensive Plan is located in whole or in part in a subdivision, such area shall either be dedicated to the proper public agency or it shall be reserved for acquisition by such agency within a specified period by purchase or other means, and an agreement shall be entered into between the subdivider and the public agency regarding the time and method of acquisition and the cost thereof. If the Planning Board determines that a suitable park or parks of adequate size cannot be located in any such plat or is otherwise not practical, the Board may require as a condition to approval of any such plat such other or further conditions as may be authorized by law.
A. 
General. Prior to or not later than 90 days after the granting of final approval, the subdivider shall have installed or shall have furnished adequate bond for the installation within a specified time of the required improvements listed and described in this section. All of the required improvements shall be made in full compliance with the specifications for each of the various units of work, as required by the municipality or the state and county health authorities, according to the nature of the improvements.
B. 
Monuments. The tract boundary lines and the lines of all streets or roads shall be monumented with concrete, stone or iron monuments with monument caps. Individual properties shall be monumented with iron pins or pipe.
C. 
Street improvements.
(1) 
Subgrade shall be the responsibility of the developer in accordance with the following:
(a) 
Streets shall have a twenty-eight-foot paved section.
(b) 
All topsoil shall be removed from the area 14 feet six inches on each side of the center line unless a fill of three feet or more is required. Fills must be made with material approved by the Village Superintendent of Public Works and shall be placed in layers not over six inches thick, and each layer shall be properly rolled. All muck, quicksand, spongy material and any other objectionable material shall be removed.
(c) 
The subgrade of all streets and roads shall be graded as follows: The center portion, 14 feet six inches on each side of the center line, shall be 14 inches below the finished grade as shown on the street profile. After it has been properly shaped, it shall be thoroughly rolled and compacted. Curbs shall be provided on each side of the street, the center line of which shall be 14 feet six inches from the inside edge of the curb. The grade of the outside area or sidewalk and planting strip section shall in no case be lower than the crown of the pavement nor more than eight inches above the crown. No gravel or stone is to be placed on the subgrade until the subgrade is approved by the Superintendent of Public Works.
(2) 
Base course shall be the responsibility of the developer in accordance with the following:
(a) 
Streets shall have a twenty-eight-foot paved section.
(b) 
The thickness and method of constructing the base course may vary depending upon the amount of traffic anticipated, the type of material used and the condition of the subgrade. All materials and construction procedures shall be subject to the approval of the Village Board and shall comply with current construction and material specifications of the New York State Department of Transportation.
(c) 
A base course consisting of not less than 12 inches of compacted stone or gravel approved by the Superintendent of Public Works shall be installed. Street and road culverts shall be installed by the developer where necessary. Curb breaks for driveways shall be installed by the developer where necessary. Driveway cuts, if required, shall not be less than 20 feet in length and shall be of reinforced concrete or of construction to be approved by the Village Superintendent of Public Works. The developer shall secure rights-of-way and construct drains or install storm-water sewers to a natural waterway as the Village Board directs.
(3) 
Surface course. The surface course shall be as specified by the Village Board. The developer shall pay to the village general fund the cost of applying a hard-surface pavement thereon.
(4) 
Curbs and gutters.
(a) 
Where curbs exist on abutting properties, their extension by the developer will ordinarily be required throughout the proposed subdivision.
(b) 
Where curbs are not required, adequate gutters may be required and be graded and protected by seeding or appropriate surfacing by the developer.
(c) 
Concrete curbs shall be wall type, six by eight by eighteen (6 x 8 x 18) inches and shall comply with current construction and material specifications of the New York State Department of Transportation.
(d) 
Asphaltic concrete curbs shall be approved by the Village Board.
(5) 
Sidewalks. The Village Board may require such sidewalks as it deems necessary to provide for the safety of pedestrians. Concrete sidewalks at least four feet wide, four inches thick and six inches at the driveway shall comply with the current construction and material specifications of the New York State Department of Transportation.
D. 
Water supply. The developer shall connect each lot at the property line with the public water supply, if available. Neighborhood water supply systems, where provided, must conform to standards and inspection by the New York State Department of Health.
E. 
Sewage disposal system. If, in the opinion of the Board, a subdivision can be reasonably served by the extension of a public sanitary sewer or by a neighborhood system, the developer shall provide sanitary sewers and laterals for each lot for such service. Where public or neighborhood sanitary sewers are not feasible, in the opinion of the Village Board, the developer shall provide and install an individual system for each lot in accordance with state and local requirements upon specific approval by the Village Board.
F. 
Utilities. Electrical service, gas mains and other available utilities shall be provided by the developer within each subdivision prior to acceptance of the gravel base and surface course by the Village Superintendent of Public Works. No cuts shall be made in the street, therefore, without permission of the Village Board, and whenever such permission is given, the developer shall restore the surface of the street to its previous condition to the satisfaction of the Superintendent of Public Works. In all cases where possible, the developer shall first install a necessary sewer lateral and gas and water laterals to the street line for each lot on the plan before stone is applied.
G. 
Street trees and miscellaneous.
(1) 
Street trees shall be planted by the developer. The location and type of trees shall be approved by the Board.
(2) 
Planting strips. The area between the gutter and the property line shall be seeded by the developer and maintained by the owner.
(3) 
Street name signs shall be the responsibility of the village.
(4) 
When so required by the Board, a planting screen easement not less than 10 feet wide, across which there shall be no right of access, may be required along the line of lots between the subdivision and industrial, commercial, major street, railroad and other similar uses.
A. 
The final plat shall be drawn at a scale of 100 feet to one inch or larger (preferred scale of 40 feet to one inch). The final plat shall show the following:
(1) 
Topographic data on the tract, related to bench mark, approved by the engineer or Superintendent of Public Works. Sheet size shall be twenty by forty (20 x 40) inches and in ink on linen.
(2) 
Tract boundary line with bearings and distances, tract area, right-of-way lines of streets, easements and other rights-of-way and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, radii and central angles of all curves.
(3) 
The name and right-of-way width of each street or other right-of-way.
(4) 
Utilities on and adjacent to the tract; location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gaslines, fire hydrants, electric and telephone poles.
(5) 
The location, dimensions and purpose of any easements.
(6) 
A number to identify each lot and a letter to identify each block.
(7) 
The purpose for which sites, other than residential lots, are dedicated or reserved.
(8) 
A minimum setback line on all lots and other sites.
(9) 
The location and description of monuments.
(10) 
The names of owners of record of adjoining unplatted land.
(11) 
A reference to recorded subdivision plats of adjoining platted land by record name, date and number.
(12) 
Certification by a surveyor or engineer as to the accuracy of survey and plat.
(13) 
Certification of title showing that the applicant is the landowner.
(14) 
A statement by the owner as to dedicating streets, rights-of-way and any sites for public uses.
(15) 
Site data, including number of residential lots, typical lot size, linear feet of streets, acres in parks, etc.
(16) 
Title, scale, North arrow and date.
(17) 
Cross sections and profiles of streets showing approved grades.
B. 
Certification of approval by the State Department of Health is to conform with state health law.
C. 
The following shall also be submitted to the Board:
(1) 
Offers of cession for dedicating streets, easements, right-of-way and any sites for public uses; agreements covering the improvements and maintenance of unceded public open spaces and the conditions and limitations, if any, which offers and agreements, if any, shall be subject to the prior approval of the Village Attorney.
(2) 
Protective covenants in form for recording.
(3) 
A written statement by the Village Attorney certifying that:
(a) 
The required improvements have been completed or a bond satisfactory in form and sufficiency to the village has been posted in lieu thereof in accordance with the provisions of Article 7 of the Village Law and that the applicant or subdivider is the landowner.
(b) 
A written statement by the Village Attorney approving as to legal sufficiency all offers of cession, agreements regarding improvements and maintenance of public open spaces, if any.
(4) 
Other data. Such other certificates, affidavits or other agreements as may be required by the Board in the enforcement of these regulations.
A. 
Area variances shall be granted in accordance with Village Law § 7-730, Subdivision 6.
B. 
Large-scale development shall conform to Village Law § 7-738.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.