A. 
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
B. 
In acting upon plats, the Planning Board shall require, among other conditions in the public interest, that the tract shall be adequately drained and the streets shall be of sufficient width and suitable grade and suitably located to accommodate the prospective traffic, to provide access for fire-fighting equipment to buildings and to be coordinated so as to compose a convenient system, conforming to the Official Map or Master Plan or, if there is no Official Map or Master Plan, relating properly to the existing street system.
C. 
The Planning Board shall further require that all lots shown on the plats shall be adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to the specifications as hereinafter provided.
A. 
Arrangement and use.
(1) 
The arrangements of streets not shown on the Master Plan or Official Map, if any, shall be to provide for the logical extension of existing streets and to provide for future access to remaining land areas.
(2) 
Minor streets shall be laid out so that their use for through traffic will be discouraged. Particular attention should be given to eliminating possible bypasses around traffic signals and major intersections.
(3) 
Where a subdivision abuts or contains an existing or proposed arterial street, the Board may require a marginal access 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.
(4) 
No subdivision showing reserve strips controlling access to streets shall be approved.
(5) 
Where a subdivision contains or borders on 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.
(6) 
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.
B. 
Design specifications shall be as follows:
(1) 
Arterial streets: cross sections in accordance with specifications as determined by the state or county road authorities where appropriate for state and county roads, or for collector streets as indicated in Subsection B(2) below.
(2) 
Collector streets: a right-of-way of 60 feet, 40 feet of pavement from curbline to curbline, two four-foot sidewalks each one foot from the property line and two five-foot planting strips between the sidewalk and curbline.
(3) 
Minor streets: a right-of-way of 50 feet, 30 feet of pavement from curbline to curbline, two four-foot sidewalks each one foot from the property line and two five-foot planting strips between the sidewalk and curbline.
(4) 
Marginal access streets: a right-of-way of 40 feet, 20 feet of pavement from curbline to curbline, one four-foot sidewalk one foot from the property line and one five-foot planting strip between the sidewalk and the curbline, the remaining 10 feet to be used as part of the separation strip between the marginal road and the adjacent arterial or collector street.
(5) 
The right-of-way and pavement widths for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum anticipated traffic, parking and loading needs.
(6) 
Subdivisions that adjoin or include existing streets that do not conform to street widths as shown on the Master Plan or Official Map, if any, or that do not conform to the street width requirements of this regulation shall dedicate additional width along either one or both sides of such streets of substandard width. If the subdivision is only along one side, only 1/2 of the required width shall be dedicated.
(7) 
Dead-end streets, designed to be so permanently, shall not be longer than 500 feet and shall be provided at the closed end with a turnaround having a minimum radius for the right-of-way of 50 feet, and the radius at the curbline shall be 40 feet. The Board may require the reservation of a twenty-foot-wide easement to provide for continuation of pedestrian traffic and utilities and for emergency safety access to the next street from a point on the turnaround portion of a dead end street.
(8) 
Grades of arterial and collector streets shall not exceed 6%. Grades on minor streets shall not exceed 8%, except for distances of 200 feet or less, for which distances grades shall not exceed 10%. However, the Planning Board shall have the right to require grades of less than 8% on any street where special conditions are set forth in writing upon the minutes of the Board. No street shall have a grade of less than 1%. A maximum grade within 100 feet of the right-of-way of an intersecting street shall be 4%, and within 75 feet of a state highway, such grades shall not exceed 1%.
(9) 
Intersections of streets shall be as nearly at right angles as circumstances will allow and in no case shall be less than 60°. The block corners at intersections shall be round at the curbline with a curve having a radius of not less than 20 feet nor more than 35 feet.
(10) 
The center line of a street shall cross an intersecting street as a straight line.
(11) 
A street intersection shall not be less than 150 feet removed from the nearest street intersection as measured from the points of intersection of the center lines of the intersecting streets.
(12) 
Intersections on a main highway or major arterial street shall be spaced a minimum of 1,000 feet apart, measured from the points of intersection of the center lines of the intersecting streets.
(13) 
No more than two streets shall intersect or meet at any one point.
(14) 
A tangent of at least 100 feet shall be introduced between reverse curves on arterial and collector streets.
(15) 
Sight distances shall be at least:
(a) 
One thousand feet for main highways and major arterial streets.
(b) 
Five hundred feet for collector streets.
(c) 
Three hundred feet for minor streets.
(16) 
When connecting street lines deflect from each other at any one point by more than 10°, they shall be connected by a curve with a center-line radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
C. 
No street shall have a name which duplicates the name of an existing street or is so similar to the name of an existing street as to be easily confused with it. The continuation of an existing street shall have the same name.
D. 
The Board shall require sidewalks, streetlighting standards, street shade trees and fire-alarm signal devices as it deems necessary to protect the safety and general welfare of the Village.
E. 
The approval of the Board of a subdivision plat showing new streets shall not be deemed to constitute or be evidence of an acceptance by the Village of any such streets.
F. 
All planting strips within the street rights-of-way shall be finish graded, properly prepared and seeded or sodded with lawn grass in conformance with good nursery and landscape practice.
G. 
Monuments.
(1) 
Permanent concrete or stone monuments shall be set on right-of-way lines of streets at all intersections, angle points, points of curvature and the beginning and end of streets.
(2) 
There shall be a clear view of adjacent monuments on the right-of-way line.
(3) 
All monuments shall exist upon completion of the construction of the streets.
(4) 
Monuments shall be made of cut granite free from imperfections or of concrete and shall be five inches square on top with a length of 36 inches tapering to a six-inch square base.
(5) 
Monuments shall be set so that the top is flush with the finished graded surface.
H. 
Construction specifications.
(1) 
Clearing.
(a) 
The entire right-of-way shall be cleared of brush and trees except those which will be an asset to the subdivision landscape as approved by the Planning Board.
(b) 
All boulders, organic material, soft clay, spongy soil and other objectionable material shall be removed and replaced by material approved by the Village Engineer until a satisfactory subbase is established.
(2) 
Subbase.
(a) 
The subbase shall be properly stabilized, shaped, rolled and uniformly compacted with a ten-ton roller to conform to the lines, grades and typical cross sections of these regulations and the approved final plat profile drawings. The process of shaping, rolling and filling shall be repeated until no depressions develop.
(b) 
All rutting, displacement or soft spots after the subbase has been completed shall be properly repaired with new material, regraded and compacted.
(c) 
Cuts and fills shall have a maximum slope of one on two from the edge of the right-of-way except when specifically waived by the Planning Board and the Village Engineer for the purpose of saving trees or some particular terrain feature at a given place.
(3) 
Curbs.
(a) 
Portland cement concrete curbs 20 inches high by six inches wide at the top and eight inches wide at the base shall be constructed on both sides of the street prior to laying a street foundation course to the dimensions and specifications indicated.
(b) 
A base course of three inches of porous tile shall be laid in coarse, washed sand under all curbs. This underdrain shall be so graded that any water under the curbs will drain to the nearest catch basin where the underdrain shall be connected.
(c) 
A concrete mix of 3,500 pounds per square inch after 28 days shall be used and shall be finished and cured to the satisfaction of the Village Engineer.
(d) 
Curbs shall be depressed at least four inches at all driveways.
(e) 
Stone or precast curbs may be substituted on approval of the Village Engineer.
(4) 
Foundation course.
(a) 
The foundation course shall consist of approved run-of-bank gravel, crusher-run stone or crusher-run gravel to the depths as called for in these regulations. All materials acceptable for this course shall be hard, durable and sound and shall be well graded from coarse to fine, the maximum diameter of the large particles not exceeding 2/3 of the thickness of a single compacted foundation course.
(b) 
A foundation course of run-of-bank gravel shall be laid in two six-inch layers for a total thickness of 12 inches for minor and marginal streets and in two six-inch layers and one three-inch layer for a total thickness of 15 inches for collector or major or arterial streets. Alternatively, a foundation course of crusher-run stone or crush-run gravel shall be laid in one six-inch layer for minor and marginal streets and in two four-inch layers for collector and major or arterial streets.
(c) 
The material shall be placed on the finished subbase in layers of no greater than six inches in thickness by means of mechanical spreaders, and each layer shall be thoroughly compacted by rolling with a ten-ton roller. Water shall be added to the materials in such amount as the Village Engineer may consider necessary for proper compaction. After compaction, the course shall be true to grade and cross sections, any depressions shall be eliminated by the use of additional granular materials and shall be thoroughly rolled in place. In all cases, each foundation course layer must be so thoroughly compacted that it will not weave under the roller.
(d) 
The subbase and foundation course, when completed, shall lay through one winter season between November 1 and March 31, but in no case less than six months, to allow for complete settlement before pavement shall be constructed.[1]
[1]
Editor's Note: Former Subsections H(5) and (6)(a) through (c), which immediately followed this subsection, regarding alternatives for pavement, were deleted 3-14-2000.
(e) 
After the base course has been completed to the satisfaction of the Village Engineer, a two-course bituminous concrete surface course shall be constructed.
(f) 
After the base course has been thoroughly cured and cleaned of all foreign material, a bituminous concrete binder course shall be spread by a self-propelled mechanical spreader with tamping bars and heating unit in sufficient depth as to provide a finished compacted thickness after rolling of not less than three inches. The course in place shall be thoroughly rolled with a ten-ton roller. It shall consist of three-inch type dense binder, NYSDOT approved.
[Amended 3-14-2000]
(g) 
After the binder course has been completed and thoroughly cleaned of foreign material and a tack coat of asphalt emulsion applied to the surface at the rate of 0.10 to 0.05 gallon per square yard, in the event that the binder course has been subject to traffic for an extended period of time, a final wearing course of fine bituminous concrete shall be uniformly spread by a self-propelled mechanical spreader equipped with tamping bars and heating unit and in sufficient depth as to provide a finished compacted thickness after rolling of not less than two inches. The final wearing course in place shall be thoroughly compacted with a ten-ton roller. The final wearing course shall be constructed of two-inch Type 6 State Top, NYSDOT approved.
[Amended 3-14-2000]
(h) 
The Village Engineer shall reserve the right to inspect the pavement construction during or between the application of foundation, base or surface courses.
[Amended 3-14-2000]
Street Specification Table
Characteristics
Major Arterial or Collector Streets1
Minor or Local Streets
Marginal Streets
Right-of-way width (feet)
60
50
40
Clearing width (feet)
60
50
40
Grading width (feet)
60
50
40
Pavement width (feet)
40
30
20
Foundation course (inches)
15
12
12
Base course (inches)
4 to 5
3
3
Surface course (inches)
2
2
2
Sidewalks
4 feet x 4 inches (both sides)
4 feet x 4 inches (both sides)
4 feet x 4 inches (1 side)
Street crown (inches)
6
6
3
NOTES:
1
These requirements are minimal acceptable standards. The Planning Board may require greater widths and thicknesses as circumstances dictate.
(5) 
Driveways.
(a) 
The developer shall construct those portions of all driveways located within the limits of the street right-of-way with sufficient sight distance and with a grade of no more than one inch per foot from the curbline to the right-of-way line.
(b) 
The minimum width of the driveway pavement at the curbline shall be 15 feet, tapering to a minimum of 10 feet at the street right-of-way line.
(c) 
The maximum width of the driveway pavement at the curbline and the maximum width of the curb cut shall not exceed 20 feet for residential single- and two-family uses or 25 feet for multifamily, commercial or industrial uses, except where larger cuts are permitted by the Planning Board for shopping centers or other uses which tend to generate abnormally large volumes of traffic. Driveways of lots which abut state and county roads shall meet the requirements of the New York State Department of Transportation or the Orange County Highway Department, whichever agency has jurisdiction.
(d) 
The developer shall construct those portions of all driveways located within the limits of the street right-of-way of a one-to-two-to-three mix of portland cement concrete, air-entrained with Darex or equivalent and reinforced with six-by-six-inch, No. 10-gauge wire mesh.
(6) 
Other improvements.
(a) 
Crosswalks, sidewalks, streetlighting standards, street name signs and house numbers shall be designed and installed according to the specifications and approval of the Village Engineer and Planning Board. In cases where a street numbering system is in effect, the developer shall meet the requirements of the system.
(b) 
Sidewalks shall be provided in all districts. Such sidewalks shall be constructed of four-inch-thick portland cement concrete of a one-to-two-to-three mix, air-entrained with Darex or equivalent on a base of four inches of run-of-bank gravel. Where sidewalks cross over driveways or become a portion of a driveway, they shall also be reinforced with sixty-six-inch, No. 10-gauge wire mesh.
(c) 
The Planning Board shall encourage the underground installation of overhead utility lines, such as electrical and telephone lines. Such utilities shall be placed underground in all cases where it is found to be feasible.
A. 
Block length and width of acreage within bounding roads shall be such as to accommodate two tiers of lots of the size required by the Zoning Ordinance[1] and to provide for convenient access, circulation control and safety of street traffic.
[1]
Editor's Note: See Ch. 140, Zoning.
B. 
Block dimensions.
(1) 
Maximum length shall be 1,200 feet for standard subdivisions.
(2) 
Minimum length shall be 400 feet.
(3) 
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.
C. 
Special attention shall be given to blocks in industrial and business districts to provide for access to the lots and areas for parking and truck delivery.
A. 
All lots created by subdivision shall conform to the requirements of the Zoning Ordinance[1] as to area and dimensions.
[1]
Editor's Note: See Ch, 140, Zoning.
B. 
Side lot lines shall be substantially at right angles or radial to street lines.
C. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
D. 
Corner lots shall have sufficient additional width to permit building setbacks from both streets equal to the required front yard depth.
E. 
Minimum lot size in areas not served by a public sewer system shall be as determined by the New York State Department of Health.
F. 
Double-frontage and reverse-frontage lots should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of the topography and orientation. A planting screen easement of at least 10 feet in width across which there shall be no right of access shall be provided along the line of lots abutting such traffic artery or other disadvantageous use.
G. 
Access to lots.
(1) 
The subdividing of land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with the regulations contained herein.
(2) 
Where practicable, lots shall be so laid out that driveways have access to the 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%.
(3) 
Where lots abut state or county roads, the access drives to the lots from said roads and curb cuts shall be in conformance with applicable regulations of the New York Department of Transportation for state roads and/or the Orange County Highway Department for county roads.
[Added 9-25-1991 by L.L. No. 1-1991]
A. 
Legislative intent. There are numerous residential properties in the Village of Harriman which have the status of preexisting use; that is, the real property in the present configuration and the location of the residential structure(s) on the property predate the current Chapter 140, Zoning, and its predecessors. Several of these properties have sufficient area to be legally subdivided into more than one lot. However, the structure(s) on the property usually violate the current setback requirements, thus making any change in the plot an illegal change since the structure(s) cannot comply with the current setback requirements. In order to foster better utilization of the real property located within the incorporated Village, it is the intent of this section to eliminate the requirement that these preexisting structure(s) comply with the setback requirements contained within Chapter 140, Zoning, when the property may otherwise be legally subdivided.
B. 
Waiver of setback requirements. When the subdivision or resubdivision of any residential lot which complies with the bulk requirements contained in Chapter 140, Zoning, causes any structure on that lot to lose its preexisting grandfather status resulting in a violation of Chapter 140, Zoning, in that the preexisting structure now fails to comply with the setback requirements for that structure then the setback requirements contained within Chapter 140, Zoning, shall be waived for that structure and shall not be an objection so as to prevent subdivision approval or require the approval of the Zoning Board of Appeals. The provisions of § 140-10 of the Village Code shall be controlling concerning modifications, changes or destruction of the preexisting structure(s).
A. 
Where deemed essential by the Board, upon consideration of the particular type of development proposed, the Board may require the dedication of sites of a character, extent and location for the need created by such development for parks or playgrounds. Areas for parks and playgrounds shall be of reasonable size for neighborhood playgrounds or other recreational uses, shall be graded and seeded or graded and paved and shall be fenced where required by the Board. No arbitrary percentage of area will be insisted upon by the Board, but, in general, developers should set aside not less than 10% of the gross area for these purposes. The minimum area acceptable in fulfillment of this provision shall not be less than three acres. Open spaces of a lesser area may be approved where the difference may be made up in conjunction with the future subdivision of adjacent land.
B. 
In cases where the Board finds that, due to size, topography or location of a subdivision, the requirements for land dedication would be unreasonable or undesirable, the Board may waive the requirement for a dedication of a portion of the gross area as it deems suitable. In the event that such dedication is wholly waived, the Board may require a deposit as determined by resolution of the Village Board of Trustees for each proposed dwelling unit in the subdivision to be paid into a special fund for the future acquisition and/or improvement of recreational facilities in the Village.
[Amended 12-21-1988 by L.L. No. 14-1988; 10-25-1989 by L.L. No. 11-1989]
C. 
The Board may require the preservation of natural terrain and drainage lines and any natural feature of site which adds value to the residential development or to the community, such as large trees, woods, watercourses, historic spots, vistas and similar inexplicable natural or historic assets.
D. 
Existing trees over eight inches in diameter measured at a point four feet above ground level shall be preserved by the subdivider except where they lie in the path of a street, driveway or proposed structure.
E. 
When a park, natural or historic feature or open space shall have been required on a subdivision plat, the approval of said plat shall not constitute an acceptance by the Village of such an area. The Board may require the plat to be endorsed to this effect or require the filing of a written agreement between the applicant and the Village Board covering future title, dedication and provision for the cost of improvement and maintenance.
F. 
Shade trees.
(1) 
Shade trees shall be provided along the street lines of each lot according to the following regulations:
(a) 
No trees shall be planted within the street right-of-way.
(b) 
There shall be at least one tree per lot for every 50 to 75 feet of lot frontage, depending upon the species of tree. Where a lot fronts on more than one street, the total frontage of all streets shall be used to calculate the total number of required trees.
(c) 
Trees to be planted shall be five feet from the street right-of-way line in the direction of the principal structure.
(d) 
The types of trees to be planted shall be specified by the Planning Board in accordance with the character of the community. All shade trees shall be capable of attaining an ultimate height of at least 25 feet.
(2) 
In cases where existing shade trees are to remain on a lot, the Planning Board shall not require new trees if the existing trees meet the requirements of this subsection.
A. 
Land subject to periodic or occasional flooding shall not be platted for residential, commercial or industrial occupancy nor for any other use which may endanger 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 flooding such as open space and open recreational areas which are void of buildings.
B. 
The subdivider shall be required by the Board to carry away by pipe or open ditch any watercourse or surface water that may exist either prior to or as a result of the subdivision. Such drainage facilities shall be located in the street rights-of-way, where feasible, or in perpetually unobstructed easements of appropriate width as approved by the Village Engineer.
C. 
A culvert or other drainage facility shall, in each case, be of adequate size to accommodate the potential runoff from the entire upstream drainage area, whether inside or outside the subdivision area. The Village Engineer shall approve the design and size of this facility based on anticipated runoff. In no case shall a culvert be less than 21 inches in diameter.
D. 
The subdivider's engineer shall study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision; this study to be subject to the review of the Village Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload the existing downstream drainage facility, the Board shall notify the Village Board of such potential condition. In such case, the Board shall not approve the subdivision until provision has been made for the improvement of such potential condition.
E. 
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 to the lines of such watercourse and such further width or construction, or both, as the Board may deem adequate for this purpose.
F. 
Manholes shall be provided in drain lines not more than 350 feet apart and wherever branches are connected or sizes are changed and wherever there is a change in alignment or grade.
G. 
Alignments of pipe shall be in a straight line between manholes. The minimum grade of any drainage pipe or culvert shall be not less than 1%. Drain lines shall be placed between the center lines of the road and the curbline and shall, as far as practical, parallel the center line of the road.
H. 
Not more than two catch basins shall be interconnected before being connected to a manhole.
I. 
Pipe specifications.
(1) 
Pipe for culverts may be reinforced concrete, which shall conform to the New York State Department of Transportation Specifications for Reinforced Concrete Pipe, or corrugated metal pipe, which shall be fully bituminous coated and of a gauge in accordance with the New York State Specifications for Corrugated Metal Pipe.
(2) 
A cushion of run-of-bank gravel of at least six inches in depth shall be laid in line with grade in the trench prior to laying the pipe. No rock over three inches in thickness shall protrude or lay in this cushion. The soil below the cushion shall be stable enough to prevent settlement of pipe after backfilling the trench.
(3) 
All connections for corrugated metal pipe shall consist of twelve-inch corrugated metal bands lapping on equal portions of the sections to be connected.
(4) 
Backfilling of the trench shall be done with run-of-bank gravel in layers of not more than 18 inches which shall be tamped or watered. In no case shall the top of any drainage pipe be less than 12 inches below the finished grade of the pavement.
A. 
The proposed subdivision plat shall be properly endorsed and approved where required by the New York State Department of Health. Such endorsement and approval shall be secured by the subdivider after approval of the preliminary plat by the Board.
[Amended 12-21-1988]
B. 
New York State Department of Health approval shall constitute only the minimum requirements necessary, and, where considered essential by the Board, a public sanitary system may be required to be provided or connected into by the subdivider.
C. 
Water and sewer mains to be maintained by the Village shall be located in the street rights-of-way or in perpetually unobstructed easements of a width adequate for servicing.
D. 
All subdivisions shall use the existing water supply of the Village wherever possible, but the Planning Board may require or permit the use of other sources under certain circumstances for primary or secondary water supply.