[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.]
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.
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.
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:
The duly appointed Planning Board of the Village of Fort Plain.
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.
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.
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.
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.
A public or private way for vehicular traffic.
ARTERIAL STREETS AND HIGHWAYSThose streets which are used primarily for traffic with limited access.
MAJOR STREETSThose streets which carry traffic from minor streets to the business industrial districts
MINOR STREETSThose 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.
FRONTAGE ROADSThose streets which are generally parallel with and adjacent to arterial streets and highways and provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
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.
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]
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.
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.
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:
(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.
