[Amended 4-8-1986 by L.L. No. 4-1986]
A.
The subdivider shall observe the following requirements and principles
of land subdivision in the design of each subdivision or portion thereof.
B.
The subdivider shall observe all construction and technical specifications
to provide proper design, construction and completion of all improvements
in land subdivisions within the Village. Construction and technical
subdivision specifications shall be adopted from time to time by resolution
of the Board of Trustees.
A.
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 afford adequate light and air, to facilitate fire protection, and
to provide access of fire-fighting equipment to buildings, and to
be coordinated so as to compose a convenient system conforming to
the Official Map and Comprehensive Plan.
B.
The Planning Board shall further require that the land shown on the
plat be of such character that it can be used safely for building
purposes without danger to health or peril from fire, flood, drainage
or other menace to neighboring properties or the public health, safety
and welfare. Required improvements shall be designed and constructed
to conform to the specifications as established by the Board of Trustees.
A.
The arrangement of streets not shown on the Comprehensive Plan or
Official Map shall be such as to provide for the logical extension
of existing streets and to provide for future access for remaining
land areas.
B.
Minor streets shall be designed to discourage through traffic.
C.
Where a subdivision abuts or contains an existing or proposed arterial
street, the Planning Board may require marginal access streets, reverse
frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots with rear service alleys or
such other treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and local
traffic.
D.
The minimum right-of-way width shall be measured from lot line to
lot line and shall be in accordance with the following schedule:
(1)
Collector streets: 60 feet.
(2)
Minor and marginal streets: 50 feet.
(3)
The right-of-way width 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
accommodate safely the maximum anticipated traffic, parking and loading
needs.
E.
No subdivision showing reserve strips controlling access to streets
shall be approved.
F.
Subdivisions that adjoin or include existing streets that do not
conform to street widths as shown on the Comprehensive Plan or Official
Map or that do not conform to the street width requirements of this
chapter shall dedicate additional width along either one or both sides
of such streets of substandard width. If the subdivision is along
one side only, 1/2 of the required width shall be dedicated.
G.
Grades of arterial and collector streets shall not exceed 7%. Grades
on other streets shall not exceed 10%. However, the Planning Board
shall have the right to require grades of less than 10% where special
conditions are set forth in writing upon the minutes of the Planning
Board. No street shall have a grade of less than 1/2 of 1%.
[Amended 10-27-1987 by L.L. No. 6-1987]
H.
Street intersections 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 rounded at the curbline with a curve having
a radius of not less than 35 feet.
[Amended 10-27-1987 by L.L. No. 6-1987]
I.
A street intersection shall not be less than 125 feet removed from
the nearest other street intersection.
J.
The center line of a street shall cross an intersecting street as
a straight line.
K.
A tangent of at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
L.
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.
M.
All changes in grade shall be connected by vertical curves of sufficient
length to provide a smooth transition and sight distance.
N.
Dead-end streets designed to be so permanently shall not be longer
than 400 feet and shall be provided at the closed end with a turnaround
having a minimum outside roadway diameter of 100 feet.
O.
No street shall have a name which duplicates the name of an existing
street.
P.
Streets shall be graded and improved with pavements in accordance
with the minimum road specifications of the Village of Walden, New
York, as amended. The Planning Board may require curbs, sidewalks,
streetlighting standards, street trees and fire alarm signal devices
as it deems necessary to protect the safety and general welfare of
the Village.
Q.
The approval by the Planning 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.
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.
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.
E.
Corner lots shall have extra width to permit appropriate building
setback from both streets.
A.
Where deemed essential by the Planning Board upon consideration of
the particular type of development proposed or where indicated by
the Comprehensive Plan, the Planning Board may require the dedication
of sites of a character, extent and location for the need created
by such development for parks or playgrounds. In no case shall the
Planning Board require that more than 10% of the gross area of the
subdivision be so dedicated.
B.
If the Planning Board determines that a suitable park or parks of
adequate size cannot be properly located in a subdivision plat or
are otherwise not practical, the Planning Board may require as a condition
of approval of any such plat a payment to the Village in an amount
to be determined by the Board of Trustees for each proposed lot in
such plat, which shall constitute a trust fund to be used by the Board
of Trustees exclusively for neighborhood park, playground or recreation
purposes.
[Amended 4-22-1986 by L.L. No. 5-1986; 5-9-1989 by L.L. No.
2-1989]
C.
The Planning Board may require the preservation of any natural feature
of a site which adds value to the residential development or to the
community, such as large trees, woods, watercourses, historic spots,
vistas and similar irreplaceable natural or historic assets.
D.
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 Planning
Board may require the plat to be endorsed to this effect or require
the filing of a written agreement between the applicant and the Board
of Trustees covering future title, dedication and provisions for the
cost of improving and maintenance.
E.
Sewer system facilities shall be constructed in accordance with the
Village of Walden Sewer Use Ordinance, and the water system facilities
shall be constructed in accordance with the Village of Walden water
rules, regulations and rents, as amended.[1]
F.
Fire hydrants shall be placed one for every 350 feet of street. Location
of a hydrant shall be specified by the Fire Chief, and such hydrants
shall be Mueller, Kennedy or equal in conformity with the Village
of Walden specifications.
A.
The subdivider may be required by the Planning Board to carry away
by pipe or open ditch any watercourse or surface water that may exist
either previous to or as a result of the subdivision. Such drainage
facilities shall be located in the street rights-of-way, where feasible,
or in perpetually unobstructed easements of appropriate width.
B.
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.
C.
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 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 Planning Board shall notify the Board of Trustees
of such potential condition. In such case, the Planning Board shall
not approve the subdivision until provision has been made for the
improvement of such potential condition.
D.
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 of such further width or construction, or both, as the Planning
Board may deem adequate for the purpose.
A.
The proposed subdivision plat shall be properly endorsed and approved
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 Planning Board.
B.
Department of Health approval shall constitute only the minimum requirement
necessary, and public sanitary sewer and water systems shall be required
for all subdivision plats. However, if the size of the subdivision,
character of the land or proximity to existing lines make public systems
impractical or impose unnecessary hardship, the Planning Board may
vary the requirement that there be public systems.
C.
All sewage disposal and water supply systems and facilities shall
be constructed in conformance with the customarily specified materials,
grades, fittings, etc., required by the New York State Department
of Health, but the Planning Board may require additional or different
construction in order to have the new system or extension coincide
with the existing Village sewage disposal and water supply systems.
D.
Water and sewer mains to be maintained by the Village shall be located
in the street rights-of-way wherever possible or on property owned
by the Village.
All street intersections shall be marked by double-faced street
signs in conformity with existing Village signs erected on two-inch-diameter
galvanized iron poles placed in concrete.[1]
A.
Electric, telephone and television cable lines shall be installed
underground in accordance with the New York State Public Service Commission
regulations.
B.
The subdivider shall be responsible for electric light standards,
which shall be located 200 feet apart staggered in both sides of the
street and shall be 3,350 lumens with luminaire conforming to GE TC
100 mounted on spun aluminum, laminated wood or wrought iron standards.
C.
Location of lines, standards, transformers, road crossings, house
service connections and other appurtenances shall be shown on a plan
submitted to the Planning Board as part of the final approval.
A.
Curbs shall be installed in all subdivisions.
B.
The specifications for curbs are shown on the street specifications
of the Village of Walden.
C.
The Board may waive the requirement of curbs on either or both sides
of street, in whole or part, when it is determined that curbs are
not necessary to control the flow and direction of drainage or to
prevent erosion of banks, ditches or road.
A.
Sidewalks shall be required on all streets.
B.
The Board may waive sidewalks on one or both sides of any street
or along an actual cul-de-sac or turnaround, if either:
C.
The specifications and details for sidewalk construction are set
forth in the Village of Walden Street Construction Specifications.
A.
If at any time before or during the construction of the required
improvements it is demonstrated to the satisfaction of the Planning
Board that unforeseen conditions make it necessary to modify the location
or design of such improvements, the Planning Board may authorize such
modifications upon written request of the subdivider, provided such
modifications are within the spirit and intent of the Planning Board's
approval and the purpose of this chapter. Copies of the authorized
modification shall be made part of the official record of the Planning
Board.
B.
The construction of all required improvements shall be supervised
by a registered professional engineer employed by the subdivider,
who, after completion of construction, shall certify to the Planning
Board that all required improvements have been constructed as required
and approved by the Planning Board or as modified by the Planning
Board.
C.
The Zoning Enforcement Officer or other duly designated official
shall inspect required improvements during construction to assure
their satisfactory completion, and the Planning Board shall require
a certificate from such official stating that all required improvements
have been satisfactorily completed.
D.
Failure to construct required improvements.
(1)
If the Enforcement Officer or other duly designated official shall
find, upon inspection, that any of the required improvements have
not been constructed in accordance with the plans and specifications
filed by the subdivider, the subdivider and/or the bonding company
will be severally and jointly liable for the costs of completing said
improvements according to specifications.
(2)
No plat which may be an extension or section of a previously recorded
plat or no new plat, regardless of location, shall be approved by
the Planning Board if the subdivider has not fully complied with the
construction of all the required improvements in a previously recorded
plat submitted by him for approval.
E.
If the Enforcement Officer or other duly designated official does
not carry out inspection of required improvements during construction,
the subdivider or the bonding company shall not in any way be relieved
of its responsibilities.
A.
Prior to final approval of the subdivision plat by the Planning Board
and in lieu of completion of all or certain required improvements,
the subdivider shall file with the Planning Board or its duly authorized
agent a performance bond or certified check to cover the full cost
of the required improvements in an amount set by the Planning Board.
Such bond shall comply with the requirements of § 7-730(9)
of the Village Law and shall be satisfactory to the Village Attorney
as to form and manner of execution and to the Board of Trustees as
to surety. A period, not to exceed three years, within which required
improvements must be completed, shall be set forth in the bond. The
Board of Trustees shall release the bond upon certification of the
Engineer and Attorney that all requirements of the bond have been
satisfied. The Planning Board shall set the amount and term of the
bond.
B.
The subdivider shall complete all required improvements or post the
required performance bond, either or both, to the satisfaction of
the Board of Trustees before any building permits will be issued.
C.
In either case, the Planning Board may require the subdivider to
file with the Board of Trustees a bond in an amount to be determined
by the Planning Board to be adequate to assure the satisfactory condition
of the initial improvements for a period of one year following their
completion and acceptance by the Board of Trustees. Such bond shall
be satisfactory to the Village Attorney as to form, manner of execution
and surety.
D.
The amount of the maintenance bond shall not exceed 10% of the amount
of the performance bond or total cost of the improvements.
