The Planning Board, in considering an application for the subdivision
of land, shall be guided by the following considerations and standards,
which standards shall be deemed to be the minimum requirements for
the convenience, health, safety and welfare of the Village.
Land to be subdivided shall be of such character that it can
be used safely for building purposes without danger to health or peril
from fire, flood or other menace. Land subject to such hazards shall
not be subdivided nor developed for residential purposes nor for such
other uses as may increase danger to health, life or property or aggravate
a flood hazard, but such land may be set aside for uses that shall
not involve such danger nor produce unsatisfactory living conditions.
A.
Land to be subdivided shall be designed in reasonable conformity
with existing topography in order to minimize grading, cut and fill
and to retain, insofar as possible, the natural contours, to limit
stormwater runoff and conserve the natural vegetative cover and soil.
No tree, topsoil or excavated material shall be removed from its natural
position except where necessary and incidental to the improvement
of lots and the construction of streets and related facilities in
accordance with the approved plan. Topsoil shall be restored to a
depth of at least six inches and properly seeded and fertilized in
those disturbed areas not occupied by buildings or structures.
B.
Existing natural features which are of ecological, aesthetic or scenic
value to residential development or to the Village as a whole, such
as wetlands, watercourses, water bodies, rock formations, stands of
trees, historic spots and similar irreplaceable assets, shall be preserved,
insofar as possible, through harmonious design of the subdivision,
and, where appropriate, the Planning Board may require the inclusion
of such features in permanent reservations.
The area proposed to be subdivided shall have frontage on and
direct access to an existing Village, town, county or state highway
or a street shown on a plat approved by the Planning Board of the
Town of Ramapo or the Village of New Hempstead. If such street is
private, it shall be improved to the satisfaction of the Planning
Board or there shall be a bond held by the Village to guarantee such
improvement.
A.
Location, width and improvement. Streets shall be suitably located,
of sufficient width and adequately improved to accommodate the expected
traffic and to afford satisfactory access to police, fire-fighting,
snow removal and other utility and road maintenance equipment and
shall be coordinated so as to compose a safe and convenient system.
B.
Relation to topography. Streets shall be appropriately related to
the natural topography and shall be arranged so as to obtain as many
as possible of the building sites at or above the grades of the streets.
A combination of steep grades and curves shall be avoided.
C.
Intersections. Cross (four-cornered) street intersections shall be
avoided insofar as possible, except at important traffic locations.
A distance at least equal to the minimum required lot width, but not
less than 150 feet, shall be maintained between center lines of offset
intersecting streets. Within 60 feet of the center of an intersection,
streets shall be at approximately right angles and grades shall be
limited to 1.5%. When two streets intersect at an angle of less than
75°, special pavement, channelization, right-of-way and/or sight
easement restrictions may be required by the Planning Board.
D.
Continuation of streets into adjacent properties. The arrangement
of streets shall provide for their construction between adjacent properties
where such continuation is determined necessary for proper traffic
movement, effective fire protection, efficient provision of utilities,
snow removal and other services. Alternatively, if a street continuation
is not determined to be warranted by the circumstances or would result
in unsafe traffic conditions or otherwise jeopardize the public safety
and welfare, the Planning Board may require such street to be terminated
short of the boundary lines of the subdivision.
(1)
Where a continuation of a street beyond the boundaries of a subdivision
is warranted but the adjacent property is undeveloped and the street
must dead-end temporarily, the Planning Board may require that the
right-of-way and all improvements be extended to the property line.
A temporary circular turnaround shall be provided on all temporary
dead-end streets in excess of 100 feet in length, with a notation
on the plat that land outside the normal street right-of-way shall
revert to abutting property owners upon continuation of the street.
The length of temporary dead-end streets shall normally be limited
to not more than double the permitted length of permanent dead-end
streets.
(2)
Where a turnaround exists at the end of a street within an adjoining
development to which a proposed street is to connect, the applicant
may be required to remove the portions of the turnaround pavement
outside of the normal width of the traveled way, perform any necessary
reconstruction of the pavement edge, construct continuations of any
existing driveways to the new pavement edge and regrade, seed and
drain the disturbed areas in such a manner as to blend them in with
the surrounding landscape.
E.
Permanent dead-end streets. Where a street does not extend to the
boundary of a subdivision and its future continuation is not required
by the Board, it shall be separated from such boundary by a distance
not less than the minimum required lot depth. The Planning Board may
require the reservation of an easement to the boundary to accommodate
utilities, drainage facilities and/or pedestrian traffic. A circular
turnaround shall be provided at the end of a permanent dead-end street.
For greater convenience to traffic and more effective police and fire
protection, permanent dead-end streets shall, in general, be limited
in length, exclusive of the turnaround, to 12 times the minimum lot
width for the zoning district in which they are located.
F.
Solar access considerations. To permit maximum solar access to proposed
lots and future buildings, wherever reasonably feasible, consistent
with other appropriate design considerations, new streets shall be
located on an east-west access. This encourages house siting with
the maximum exposure of roof and wall area to the sun. The Board shall
also consider the slope of the property and the nature and location
of existing vegetation as they affect solar access.
G.
Street names. The Board of Trustees shall designate names of new
streets. Street names shall be sufficiently different in sound and
in spelling from other names in the Village so as not to cause confusion.
A street which is a continuation of an existing street shall bear
the same name. Proposed street names shall be reviewed by the local
Fire Department and post office.
H.
Design standards for new streets. Streets shall meet the design standards
set forth in the table following. Street classifications may be determined
by the Planning Board. Standards are not shown for streets which would
be built by the state or county.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
Zoning District
| |||||
|---|---|---|---|---|---|
|
Improvement
|
1R-50
(feet)
|
1R-40
1R-35
1R-25
2R-15
(feet)
|
Nonresidential
(feet)
| ||
|
Minimum width of traveled way
| |||||
|
Local street
|
241
|
302
|
302
| ||
|
Collector street
|
301
|
302
|
402
| ||
|
Concrete curbs are required for all roads where sidewalks are
required.
| |||||
|
Road pavement, shoulders, drainage structures, curbs, turnarounds,
etc.
|
See Construction Standards and Specifications (Chapter A300)
| ||||
|
Maximum grade
| |||||
|
Local street
|
10%
|
10%
|
6%
| ||
|
Collector street
|
8%
|
8%
|
6%
| ||
|
Minimum length of vertical curve
| |||||
|
Local street
|
100 feet, but not less than 20 feet for each 1% algebraic difference
in grade
| ||||
|
Collector street
|
100 feet, but not less than 20 feet for each 1% algebraic difference
in grade
| ||||
|
Minimum length of tangents between reverse curves
| |||||
|
Local street
|
100
|
100
|
200
| ||
|
Collector street
|
100
|
100
|
200
| ||
|
Minimum sight distance
| |||||
|
Local street
|
200
|
200
|
250
| ||
|
Collector street
|
200
|
200
|
250
| ||
|
All intersections
|
Across corner: 75 feet back from intersection
| ||||
|
Minimum diameter of turnarounds
| |||||
|
Right-of-way
|
120
|
120
|
160
| ||
|
Pavement
|
100
|
100
|
140
| ||
|
Maximum length of cul-de-sac
| |||||
|
Permanent
|
6 times minimum lot width
|
Serving no more than 14 families or 500 feet
| |||
|
Temporary
|
12 times minimum lot width
|
Serving no more than 25 families or 1,000 feet
| |||
|
Sidewalks
| |||||
|
Local streets2
|
Both sides 4 feet wide
|
Both sides 6 feet wide
| |||
|
Collector streets
|
Both sides 4 feet wide
|
Both sides 6 feet wide
| |||
|
Minimum radius at intersections
| |||||
|
Right-of-way
|
25
|
25
|
30
| ||
|
Pavement
|
25
|
25
|
30
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
With shoulders.
| |
|
2
|
With curbs.
| |
Streets shall be graded and improved with pavement, sidewalks,
curbs, gutters, streetlighting standards, street signs, street trees,
water mains, sanitary sewers, storm drains, fire alarm signal devices,
fire hydrants and other utilities, except that the Planning Board
may waive, subject to appropriate conditions, such improvements as
it considers are not requisite in the interest of the public health,
safety and welfare. The subdivider shall install underground service
connections to the property line of each lot before the street is
paved. Except where waivers are granted, all such grading and street
improvements shall conform in all respects to these regulations and
to the Village Construction Standards and Specifications.[1] Wherever the area to be subdivided is to utilize existing
road frontage, said road shall be improved as provided above. The
Planning Board shall further require that the entire right-of-way
required by these regulations be dedicated to the agency owning the
road as a condition of final plat approval.
A.
The subdivider may be required by the Planning Board to carry away
by pipe or open ditch any spring or surface water that may exist either
previous to or as a result of the subdivision. The subdivider may
be required to continue the piping of upstream drainage systems. Such
drainage facilities shall be located in the street right-of-way, where
feasible, or in perpetual unobstructed easements of appropriate width
and shall be constructed in accordance with the Village Construction
Standards and Specifications.[1]
B.
Drainage facilities shall, in each case, be large enough to accommodate potential runoff from their entire upstream drainage area, whether inside or outside the subdivision, based on a one-hundred-year storm and assuming conditions of maximum potential development within the watershed as permitted by Chapter 290, Zoning, of the Village Code. The applicant shall be responsible for submitting such computations to the Village Engineer in sufficient detail to make possible the ready determination of the adequacy of the proposed drainage installations, and the Village Engineer shall be responsible for reviewing these and preparing recommendations for the Planning Board.
C.
The Planning Board may also require the subdivider to prepare a study
of the effects of the subdivision on existing downstream drainage
facilities. Where such study or the Planning Board, after an independent
analysis, determines that the additional runoff incident to the development
of the subdivision will overload an existing downstream drainage facility,
the Planning Board shall notify the owner of such downstream facility
of such potential condition and may withhold approval of the subdivision
until provision has been made for the correction of said potential
condition, or, in the alternative, the developer may deposit in escrow
the full cost of the required improvement of said potential condition
in such sum as the Planning Board shall determine. No subdivision
shall be approved unless adequate drainage will be provided to an
adequate drainage watercourse or facility.[2]
In order to assure greater safety and improved appearance, all
utility lines and related equipment for providing power and communication
services shall be installed underground in the manner prescribed by
the regulations of the utility company having jurisdiction. Underground
utility lines shall be located outside of the traveled way of the
streets but, except in unusual circumstances, within the street right-of-way.
Underground service connections shall be provided to the property
line of each lot before the street is paved and may pass under the
traveled way of the street. Where existing utility facilities are
located above ground, except on public rights-of-way, they shall be
removed and placed underground.
A.
Monuments shall be required wherever deemed necessary by the Planning
Board to enable all property lines to be readily reproduced on the
ground. Monuments shall be located at all lot corners.
[Amended 5-22-2017 by L.L. No. 2-2017]
Traffic control and street signs shall be provided by the subdivider
and placed at all intersections within the street right-of-way and
in other locations as required by the approving authority. In the
case of traffic control signs and street signs, their type and location
shall be approved by the Village Engineer of the Village of New Hempstead.
Each subdivider and/or developer shall be required to furnish
and install all fences wherever the Planning Board determines that
a hazardous condition may exist. Said fences shall be constructed
according to standards established by the Village Engineer and shall
be noted as to height and material on the final plat. No certificate
of occupancy shall be issued until said fence improvements have been
duly installed.
Streetlighting standards of a design and location approved by
the Planning Board and Village Engineer shall be provided and installed
by the subdivider. Said streetlights are to be installed by the subdivider
prior to the issuance of any certificate of occupancy and are to be
maintained at his sole expense until such time as the roads have been
accepted by the Village of New Hempstead. In the case of a subdivision
involving a county or state highway, approval shall be obtained from
the County Superintendent of Highways.
Where required by the Planning Board, the subdivider shall install
sanitary sewers and sewerage facilities and/or water mains and water
supply facilities and fire hydrants of the type and in a manner specified
by Town of Ramapo construction standards and specifications. Necessary
action shall be taken by the developer to enable the Ramapo Town Board
to extend or create a water supply district for the purpose of providing
fire hydrants to the subdivision. To eliminate future street openings,
all underground utilities for fire hydrants, together with the fire
hydrants themselves, shall be installed before any final paving of
a street shown on the subdivision plat.
Where required by the Planning Board, the subdivider shall install
fire alarm signal devices, including necessary ducts, cables and other
connecting facilities, of a type and in a manner and location prescribed
by the appropriate fire district or other municipal agency having
jurisdiction.
[Amended 5-24-1990 by L.L. No. 4-1990]
The Planning Board may, in its discretion, require the planting
of street trees. Such trees shall be of a hardwood variety indigenous
to the neighborhood and shall be two-inch to three-inch caliper, measuring
caliper from the base six inches above the roots, with a height of
12 feet to 16 feet above the ground. If there is not an existing tree
at least every 50 feet of frontage, the applicant shall plant a new
tree or trees.
The Planning Board may require that the subdivider reserve,
clear, grade, pave and otherwise improve an area of such size and
location as will provide a safe and suitable place for the use of
children awaiting school buses. In general, the size of such area
shall not be less than 100 square feet, and no dimensions shall be
less than eight feet. Such area shall be included within the street
right-of-way and shall be maintained by the holder of fee title to
the street. The layout and design shall be subject to Planning Board
approval.
A.
Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulty, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with Chapter 290, Zoning, Chapter 154, Freshwater Wetlands, the County Health Department regulations and other applicable regulations. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provision as the Planning Board may require for safe and convenient access to such automobile parking and loading and unloading spaces as may be required by Chapter 290, Zoning, or otherwise for safe and convenient service access to such land.
B.
Driveways. Approximate driveway locations shall be shown on the construction
plans. The maximum driveway gradient to the building site shall not
exceed 10%, and the intersection of driveways with the road shall
be so oriented and graded that vehicles may use the driveways safely.
The Planning Board may require that the applicant submit necessary
topographic and design information to demonstrate that the lot layout
will allow driveways that meet these criteria and provide proper drainage.
C.
Lot dimensions.
(1)
Lot area and dimensions shall comply with at least the minimum standards of Chapter 290, Zoning, for the district in which they are located. Where lots are more than double the minimum required area, the Planning Board may require that they be arranged so as to allow for further subdivision and the opening of future streets where necessary to serve such potential lots, all in compliance with Chapter 290, Zoning, and these regulations. Where, in the opinion of the Planning Board, lots of larger than minimum size are required for purposes of proper drainage, water supply, waste disposal or the preservation of important ecological features, the Board may require such oversized lots as a condition of plat approval.
(2)
Side lot lines shall generally be at right angles to street lines
(or radial to curving street lines) unless the Planning Board allows
a variation from this rule to give a better street or lot arrangement.
Dimensions of corner lots shall be large enough to allow for erection
of buildings observing the minimum front yard setback from both streets.
(3)
Where a proposed subdivision includes an existing residence larger
in size than can appropriately be placed on a lot of the minimum size
permitted in the zoning district, the Planning Board may require that
the lot be of such size and relationship to the proposed street system
that the structure will be an appropriate and harmonious part of the
subdivision.
D.
Access from collector streets. Lots shall not, in general, derive
access from a collector street but shall front on a minor interior
street. Where driveway access from a collector street may be necessary
for two or more adjoining lots, the Planning Board may require that
such lots be served by a combined access drive in order to limit the
possible traffic hazard on such street. Any such driveways, where
permitted, shall be designed in such a way as to provide adequate
and convenient area for the turnaround of vehicles so as to avoid
requiring them to back into traffic on such streets.
E.
Double-frontage lots. Lots fronting on two streets, other than corner
lots, shall be avoided except where deemed essential by the Planning
Board in order to provide separation of residential development from
major or collector streets or to overcome problems of topography or
orientation. The Planning Board may require access limitations and/or
buffer landscaping for such double-frontage lots where the Board determines
that such measures would be appropriate.
F.
Water bodies. If a subdivision contains a water body or portion thereof, lot lines shall be drawn so as to distribute the entire ownership of the water body among the fees of the adjacent lots, unless the Planning Board approves an alternate plan whereby the ownership of and responsibility for the safety of the water body is so placed that it will not become a Village responsibility. No more than 25% of the minimum lot area required under Chapter 290, Zoning, may be satisfied by land which is under water or is defined as a wetland by Chapter 154, Freshwater Wetlands, of the Code of the Village of New Hempstead.
G.
Access across a watercourse. Where a watercourse separates the buildable
area of a lot from the street by which it has access, provision shall
be made for the installation of a bridge, culvert or other drainage
facility, of a design approved by the Planning Board based upon, among
other considerations, a recommendation of the Village Engineer, to
provide satisfactory access across such watercourse for fire, police
and other emergency equipment.
H.
Subdivision with land in two or more zoning districts or municipalities.
(1)
In general, a lot should not be divided by a zoning district or municipal
boundary. However, if it is necessary for a zoning district boundary
to cross a lot, such lot shall be designed so that it can be readily
developed in accordance with the standards of the more-restrictive
zoning district. If it is necessary for a municipal boundary line
to cross a lot, the Planning Board may require suitable legal agreements
to assure that the two portions of the lot will not be separated in
the future and that the portion of the lot in the adjoining municipality
will not be used for any purpose that would make it nonconforming
if the entire lot were located within the Village of New Hempstead.
(2)
Whenever a subdivision includes land in two or more zoning districts
and/or municipalities, the location of the zoning district and/or
municipal boundary line shall be shown on the plat and, in addition,
where zoning boundaries are involved, the following notation shall
be added: "Existing zoning boundaries as of _______________, 20___."
All reservations and easements shall be clearly indicated on
the final subdivision plat, along with appropriate notations indicating
the rights which exist with respect to each such reservation and/or
easement.
A.
Park reservations.
(1)
General standards. The Planning Board may require that land be reserved
within subdivisions for a park or parks suitably located for playground
or other recreational purposes. Each reservation shall be of suitable
size, dimensions, topography and general character and shall have
adequate street access for the particular purpose or purposes envisioned
by the Planning Board. The area shall be shown and marked on the plat
as "Reserved for Park Purposes."
(2)
Minimum size.
(a)
Areas for parks shall be of reasonable size for neighborhood
playgrounds or other recreational uses. In general, not less than
10% of the area of the subdivision shall be set aside for these purposes.
(b)
In general, sites reserved for park purposes shall have an area
of at least one acre. The Planning Board may require the location
of such areas along the boundary of a subdivision so that additional
land may be added at such time as the adjacent property is subdivided.
(3)
Ownership of park area. The ownership of reservations for park purposes
shall be clearly indicated on the plat and established in a manner
satisfactory to the Planning Board so as to assure their proper future
continuation and maintenance.
(4)
Cash payment in lieu of reservation. Where the Planning Board determines
that a suitable park or parks of adequate size cannot be properly
located in a subdivision or where such a reservation is otherwise
not appropriate or practical, the Board may require, as a condition
to approval of any such plat, a payment to the Village of a fee listed
in the Fee Schedule adopted by the Board of Trustees.
B.
Widening or realignment of existing streets. Where a subdivision borders an existing street which is narrower than the recommended right-of-way width as specified for such streets in these regulations or where a subdivision borders an existing street planned for widening or realignment in such a way as to require the use of some land in the subdivision, the Planning Board may require the subdivision plat to show such areas, which shall be marked "Reserved for Street Realignment (or Widening) Purposes." Land reserved for such purposes may not be counted in satisfying yard or area requirements of Chapter 290, Zoning.
C.
Utility and drainage easements.
(1)
Where topography or other conditions are such as to make impractical
the inclusion of utilities or drainage facilities within street rights-of-way,
perpetual unobstructed easements of at least 20 feet in width shall
be provided for such utilities or drainage facilities across properties
outside the street lines and with satisfactory access to the street.
Drainage easements shall extend from the street to the watercourse
or other drainage facility and shall convey to the holder of fee title
of the street the perpetual right to discharge stormwater runoff from
the street and the surrounding area onto and over the affected premises
by means of pipes, culverts or ditches, or a combination thereof,
together with the right to enter said premises for the purpose of
making such installations and doing such maintenance work as the holder
of such fee title may deem necessary to adequately drain the street
and the surrounding area.
(2)
When a proposed drainage system will carry water across private land
outside the subdivision, appropriate drainage rights must be secured
in a form satisfactory to the Village Attorney and suitable for recording
in the office of the County Clerk.
D.
Slope easement. Where determined appropriate by the Planning Board,
said Board may permit an embankment alongside a proposed street to
extend beyond the normal right-of-way of such street, provided that
a slope easement is granted conveying to the holder of fee title of
the street the right to enter the premises for the purpose of maintaining
such slope. Where the embankment slope is located on private land
outside the subdivision, such easement shall be permitted only where
the appropriate rights have been secured in a form satisfactory to
the Village Attorney and suitable for recording in the office of the
County Clerk.
E.
Sight easements. Sight easements shall be provided across all street
corners, outside the street right-of-way, within the triangular area
formed by the nearest edges of street pavement and a straight line
between two points each 75 feet back from the theoretical intersection
of the edges of such pavement prolonged. The easements shall provide
that the holder of fee title to the abutting streets shall have the
right to enter the easement area for the purpose of clearing, pruning
or regrading so as to maintain a clear line of sight in either direction
across such triangular area between an observer's eye 3.5 feet
above the pavement surface on one street and an object one foot above
the pavement surface on the other. The initial establishment of clear
sight lines within the sight easement area shall be the responsibility
of the subdivider.[1]
F.
Easements for pedestrian access. The Planning Board may require,
in order to facilitate pedestrian access from streets to schools,
parks or neighboring areas, the reservation of perpetual unobstructed
easements of at least 10 feet in width for such purposes and the construction
of walkways thereon.
The subdivider may place restrictions on any of the land contained within the subdivision which are greater than those required by Chapter 290, Zoning. Such restrictions shall be indicated on the final subdivision plat.
