Village of Penn Yan, NY Article IV Required Improvements

[Amended 2-19-2008 by L.L. No. 1-2008]

§ 176-15 Required improvements.

The following improvements are necessary to assure that all lots in subdivisions are adequately and properly served with utilities, sanitation features which provide a healthy and safe environment and other safeguards which assure that property is properly identified, accessible to pedestrians and to vehicles and safeguarded against dangers such as flooding and erosion. Improvements are required to preserve, to the greatest extent possible, the natural features of the land and to make the subdivision an attractive and desirable place to live.

A. Preservation of natural features. Wherever practical, natural features of the property being subdivided shall be preserved.

(1) To the fullest extent possible, all existing trees and shrubbery shall be preserved by the subdivider. The subdivision should be designed with consideration being given to the preservation of natural features. Precautions also shall be taken to protect existing trees and shrubbery during the process of grading the lots and roads. Where any land other than that included in public rights-of-way is to be dedicated to the public use, the developer shall not remove any trees from the site without written Planning Board approval.

(2) Where a subdivision is traversed by natural surface water, the boundaries and alignment of the body of water shall be preserved unless the Planning Board finds that a change would be ecologically sound and would enhance the development and beauty of the project. All proposed changes in the boundaries of bodies of water shall be referred to the Planning Board for review and recommendation and be designed and approved in accordance with Article 15 of the New York State Environmental Conservation Law.

(3) Every effort should be taken by the subdivider in designing a project to preserve unique physical features, such as historic landmarks and sites, rock outcroppings, hilltop lookouts, desirable natural contours and similar natural features.

B. Utilities. These improvements are required to assure that the property is adequately served by water, sewer and drainage systems and by electric power and other fuel-distribution systems. To assure that these systems are properly installed and easily repaired, inspection of the installation of these improvements is required.

(1) Water distribution: a system of transmitting potable water to the subdivision and appurtenances in adequate amounts for the normal use of each lot in the proposed subdivision. One system of water distribution is possible.

(a) Public water supply systems. Public water supply from the Village of Penn Yan shall be provided wherever existing water mains are reasonably accessible in the opinion of the Planning Board. The system must be approved by the Penn Yan Municipal Utilities Board and the New York State Department of Health and must conform to Design and Construction Standards for Land Development of the Village of Penn Yan.

(2) Sanitary sewer systems. Sanitary sewage is the combination of human and household wastes with water. These sewer systems are used to dispose of sanitary sewage from individual lots in a subdivision. One type of sanitary sewer system is permitted.

(a) Public sanitary sewer system. All public sanitary sewer systems must be approved by the Penn Yan Municipal Utilities Board and the New York State Department of Health, whichever is applicable. Public sanitary sewers shall be provided whenever existing sanitary sewers are reasonably accessible in the opinion of the Planning Board. These systems also must conform to the Design and Construction Standards for Land Development of the Village of Penn Yan.

(3) Drainage systems. These are a combination of natural watercourses and man-made facilities intended to convey stormwater runoff and shall conform to the Design and Construction Standards for Land Development of the Village of Penn Yan.

(a) Adequate and comprehensive drainage systems shall be provided in accordance with the natural direction of runoff for the total upland watershed area affecting the subdivision. Such drainage systems shall have sufficient capacity to accommodate the potential future runoff based upon the probable land use and ultimate development of the total watershed area upland of the subdivision.

(b) In general, the preservation of natural watercourses is preferable to the construction of drainage channels and, wherever practicable, such natural watercourses shall be preserved and utilized.

(4) Easements. Utility and drainage easements are required for all proposed subdivisions.

(a) Utility easements. An easement shall be provided for all utility lines wherever those utility lines do not fall within a dedicated right-of-way. All utility easements shall be plotted on both the preliminary and final subdivision plat. The developer must identify all easements in deeds for each lot affected. Utility easements shall have a minimum width of 10 feet. All utility lines which are primarily intended to provide service to the lots within the subdivision shall be installed underground at a depth and at such locations as will minimize risk of interruptions of services.

(b) Drainage easements. Drainage easements shall be provided for all natural and man-made drainageways which do not fall within a dedicated right-of-way. All drainage easements shall be plotted on the preliminary and final plats. The Village shall be provided with a metes and bounds description of all proposed easements prior to final plat approval. These descriptions will be used by the Code Enforcement Officer and the attorney for the Village in creating or extending special districts.

(c) The Planning Board reserves the right to require additional easements when the purposes of the easements are found to be in the public interest.

(5) Inspection. The installation of improvements shall be subject to inspection at all stages by representatives of the Village of Penn Yan. For this purpose, free access shall be afforded and requested information shall be promptly submitted. The cost of such inspections shall be approved by the Code Enforcement Officer and included in the value of the surety submitted for the project.

C. Site surface improvements. These improvements are required to assure that the ecology of the subdivision is not disturbed adversely; that the subdivision presents an attractive appearance; that it is properly paved and monumented; and that all improvements are recorded on the final plat for approval by the Village of Penn Yan.

(1) Erosion control. Every effort should be taken by the subdivider in designing a project to preserve unique physical features such as historic landmarks and sites, rock outcroppings, hilltop lookouts, desirable natural contours and similar natural features. Erosion and sedimentation control shall conform to the Design and Construction Standards for Land Development of the Village of Penn Yan.

(a) During the development process, the developer shall expose the smallest practical area of land at any one time. Proper erosion control measures shall be in place prior to any area being disturbed. Examples of normal erosion control are straw baling, silt dams made of synthetic materials and siltation collection depressions.

[1] Topsoil moved during the course of construction must be stored in such a manner as to allow for minimum volume to be stacked or stored at any one time. The stacking or storage period should be kept as short as possible.

[2] Removal, storage and redistribution of topsoil must be consistent with the phasing of construction for the purpose of reducing the need for the storage of large volumes of soil over a lengthy period. Soil shall be redistributed so as to cover all areas of the subdivision adequately and shall be stabilized by seeding or planting. Topsoil which is stored shall be stabilized by seeding.

[3] Removal of any topsoil from the site must be approved by the Planning Board.

(b) Temporary vegetation and/or mulching must be provided to prevent potential erosion problems during construction.

(c) Upon completion of the project, the subdivider shall not be permitted to leave any hills or mounds of dirt around the tract. All surfaces should be restored within six months of the time of the completion of the section of subdivision.

(d) Upon completion of the project, the subdivider shall not be permitted to leave any surface depressions which will collect pools of water except as may be required for retention of stormwater runoff.

(2) Landscaping. Landscaping is the improvement of land by contouring and decorative planting which includes vegetative ground cover.

(a) All lots which are disturbed during the course of construction and which are not covered by structures or paving shall be properly landscaped by the developer.

(b) Individual homeowners, by written agreement with the developer, subdivider or builder, may landscape their yard independently.

(c) Additional landscaping may be required by the Planning Board to screen or buffer the subdivision from a visually noncompatible use.

(3) Street signs. Permanent street signs of the same type and design in general use throughout the Village showing the names of intersecting streets shall be erected at each intersection.

(4) Monuments. Permanent reference monuments shall be set at critical corners and angle points of the boundaries within the subdivision: generally, critical corners and angle points in the boundaries of the parcel being subdivided and in street right-of-way boundaries at all street intersections. Variations to this general rule shall be permitted with Planning Board approval. Requests for deviations shall be made prior to preliminary plat into the subdivision plan of the final plat. All monuments shall be constructed in conformance to specifications set forth in the Design and Construction Standards for Land Development of the Village of Penn Yan.

(5) Roads and streets. All dedicated roads and sidewalks shall be constructed in conformance to specifications set forth in the Design and Construction Standards for Land Development of the Village of Penn Yan.

(6) Sidewalks. Installation of sidewalks shall be required as part of any subdivision, except in cases of one- or two-lot subdivisions where installation of sidewalks is unnecessary. Sidewalks shall conform to the Design and Construction Standards for Land Development of the Village of Penn Yan. Sidewalks shall be located within the street right-of-way or a pedestrian access easement.

(7) Planting. Adequate tree planting shall be completed by the developer when deemed necessary by the Planning Board. Street trees shall not be less than 40 nor more than 50 feet apart. Tentative tree species will be indicated on the preliminary plat. Generally, trees shall not be less than two inches to 2 1/2 inches in diameter at the base at the time of planting. They may be planted on either side of the sidewalk unless the planting strip is less than eight feet, in which case they should be planted in the lawn area. Trees must be adequately supported by guy wires until firmly rooted.

D. Flood hazard prevention. Flood hazard prevention shall conform to the provisions of Chapter 98, Flood Damage Prevention, of the Code of the Village of Penn Yan.