The purpose of the following section is to ensure
that the highest standards of site, building and landscape design
are conscientiously met through the use of qualified technical and
aesthetic judgment, compatible with the master plan of the Village,
if one exists. 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 and to provide access for fire-fighting equipment to buildings.
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 established by the Village. In considering applications for subdivision
of land, the Planning Board shall be guided by the standard set forth
hereinafter or as approved by the Village Board. Said standards shall
be considered to be minimum requirements and shall be waived by the
Board only under circumstances set forth in this chapter.
A.
Character of land. 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.
B.
Conformity with Official Map and master plan. Subdivisions shall conform to the Official Map and Chapter 200, Zoning, of the Village and shall be in harmony with the master plan.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the Village
specifications, which may be obtained from the Planning Board Engineer.
For streets, refer to the Village of Monroe
Street Specifications, as adopted by the Village Board.
A.
Improvements. Streets shall be graded and improved
with pavements, curbs and gutters, sidewalks, storm drainage facilities,
water mains, sewer, streetlights and signs, street trees and fire
hydrants (except where waivers may be requested, and the Planning
Board may waive, subject to appropriate conditions, such improvements
as it considers may be omitted without jeopardy to the public health,
safety and general welfare). Curbs, gutters, sidewalks, street pavements,
fire hydrants, streetlights, shade trees, monuments, water mains,
drainage systems, storm sewers, sanitary sewers and any other improvements
that may be required shall be designed and constructed to conform
to the specifications as established by resolution or ordinance of
the Village Board. All rights-of-way shall be provided with paved,
seeded or sodded areas, properly prepared, graded and sloped in conformance
with good nursery practice. Where sidewalks and walkways are included
within the street's right-of-way, suitable trees or shrubs may be
required to be planted within the specified planting strip. Such grading
and improvements shall be approved as to design and specifications
by the Village Engineer.
(1)
Installation of fire hydrants shall be in conformity
with all requirements of standard thread and nut, as specified by
the New York Fire Insurance Rating Organization and the Division of
Fire Safety of the State of New York.
(2)
Streetlighting required. In any subdivision or area
of a site plan hereafter finally approved by the Planning Board which
shall contain an intersection of one or more streets, there shall
be installed at each such intersection a streetlight which, in the
opinion of the Village Department of Public Works Superintendent,
shall be of capacity to safely illuminate such intersection.
[Amended 6-21-2011 by L.L. No. 2-2011]
(a)
Condition of approval. No such subdivision or
site plan shall receive final approval by the Planning Board, unless
the final plat shall indicate the streetlights required by this article.
The requirements of this article shall not be deemed one of the required
public improvements that may be waived by the Planning Board.
(b)
Bond. The cost of installing any streetlights
required by this article shall be included as part of any performance
bond posted to secure installation of public improvements for such
subdivision or area of site plan required as a condition of such approval.
(c)
Costs of installation and maintenance. The cost
of installing such streetlights shall be borne by the subdivider or
developer of the site plan. The cost of subsequently maintaining said
lights shall be charged to the Village of Monroe light district.
(3)
Street signs. Street signs of a type approved by the
Department of Public Works Superintendent shall be provided by the
subdivider or developer and placed at all intersection in locations
within the right-of-way approved by the Superintendent.
[Amended 6-21-2011 by L.L. No. 2-2011]
(4)
Street trees. It is required that shade trees be preserved
and/or furnished and planted at the expense of the owner of the subdivision,
along both sides of the roads within the subdivision. These shade
trees shall be planted at not more than forty-foot intervals. All
tree varieties, placement, condition and quality are subject to the
approval of the Planning Board prior to planting. Trees shall be hardy,
suitable to local soil and climate. All trees must meet the standards
of the American Standard for Nursery Stock. Poplars, box elders, catalpas,
horse chestnuts and willows shall not be planted. New trees shall
measure at least 1 1/2 inches in diameter as measured at a point
four feet above finished grade level.
B.
Utilities in streets. The Planning Board requires
underground installations of all utility systems. The subdivider shall
install underground service connections to the property line of each
lot within the subdivision for such required utilities before the
street is paved. If it is deemed aesthetically desirable or if such
installation is determined not to be economically feasible, the Board
may waive this requirement.
C.
Utility easements. 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
at least 25 feet in width for such utilities or drainage facilities
shall be provided centered on rear or side lot lines or across property
outside the road lines and with satisfactory access to the road. Wherever
possible, easements shall be continuous from block to block and shall
present as few irregularities as possible. Such easements shall be
cleared and graded where required. Easements shall be indicated on
the plat; in large scale developments, easements along rear property
lines or elsewhere for utility installation may be required by the
Planning Board. Such easements shall be of the width and location
determined by the Board after consultation with the public utilities
companies and/or Village departments concerned.
D.
Assurance by utilities. As to utilities required by
the Planning Board, the Planning Board may accept assurance from each
public utility company whose facilities are proposed to be installed.
Such assurance shall be given in a letter addressed to the Board and
stating that such utility company will make the installations necessary
for the furnishing of it services within the time therein specified
and satisfactory to the Board.
E.
Steep grades and curves, visibility of intersections.
A combination of steep grades and curves shall be avoided. In order
to provide visibility for traffic safety, that portion of any corner
lot (whether at an intersection entirely within the subdivision or
of a new street with an existing street) which is within 15 feet of
the right-of-way shall be cleared of all growth (except isolated trees)
and obstructions above the level 30 inches higher than the center
line of the street. If directed, the ground shall be excavated to
achieve visibility.
F.
Watercourses. Where a watercourse separates a proposed
street from abutting property, provision shall be made for access
to all lots by means of culverts or other structures of design approved
by the Planning Board Engineer.
G.
Undersized existing streets. Where a subdivision borders or includes existing narrow roads that do not conform to street widths as required by the Village Street Specifications and as shown on the master plan or Official Map or that do not conform to the street width requirements of this chapter or when the master plan indicates plans for realignment or widening of a road that would require use of some of the land in the subdivision, the subdivider shall be required to show areas for widening or realigning such roads on the plat, marked "Reserved for Road Realignment (or Widening) Purposes," along either one or both sides of such streets of substandard width. If the subdivision is alone one side only, only half of the required width shall be dedicated. It shall be mandatory to indicate such reservation on the plat when a proposed widening or realignment is shown on the Village or county Official Maps. Land reserved for such purposes may not be counted in satisfying yard or area requirements of Chapter 200, Zoning. Such reservations may be required to be dedicated to the Village.
H.
Walkways and sidewalks. Subdivision designs shall
indicate consideration for suitable protection of different types
of land uses and the segregation of vehicular and pedestrian traffic
where necessary. The pedestrian walk network, whether independent
or combined with the vehicular road network, shall conveniently link
dwellings to all possible generators of pedestrian traffic both within
or without the subdivision, including, but not necessarily limited
to, parking areas, recreation areas, schools, stores, bus stops and
other walks. Such areas shall be so designed and constructed so as
to encourage their use by their proximity to generators of traffic,
convenient arrangement, evenness and durability of surface, pleasant
appearance and exposure to scenic areas and views. Where sidewalks
cross driveways, they shall be reinforced and of the same material
and elevations as that on both sides of such driveways.
A.
Type of name. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Planning Board.
In general, streets shall have names and not numbers or letters.
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names, except that streets that join
or are in alignment with streets of an abutting or neighboring property
shall bear the same name. Generally, no street should change direction
by more than 90° without a change in street name.
A.
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with Chapter 200, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions. A lot intended for use of single-family residential purposes must contain a buildable portion for a dwelling and septic system site of not less than 5,000 square feet with a minimum dimensions of 25 feet meeting all zoning district requirements relative to setbacks, etc., as well as meeting the following criteria:
B.
Side lines. All side lines of lots shall be substantially
at right angles to straight street lines and radial to curved street
lines, unless a variance from this rule shall give a better street
or lot plan.
C.
Corner lots. In general, corner lots should be larger
than interior lots to provide for proper building setbacks from each
street and provide a desirable building site.
D.
Drive access. Driveway access and grade shall conform
to specifications of the Village driveway law, if one exists. Driveway
grades between the street pavement and the building setback line should
not exceed 10% and in no case for the length of the drive exceed 14%.
E.
Access from public streets.
(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.
(2)
Double frontage and reverse frontage lots shall be
avoided. Reverse frontage lots which have their rear yard abutting
a collector or major street shall be provided with effective shrubs
or screening along the full width of the rear property line to screen
the rear yard from adjacent traffic.
(3)
Lots of less than 200 feet frontage or a piece fronting
on a county or state road must be so designed as to share a double
width common curbing cut with an adjacent lot, if either adjacent
lot has not been granted a curb-cut permit. When more than eight lots
are proposed to be subdivided from a parcel with frontage on county
or state road (or there is the possibility of creating nine or more
lots equal in size to the average area of the lots proposed for subdivision),
fronting for all must be on internal streets (not on the county or
state highway). Each lot permitted to front on a county or state road
must provide for an in-site turnaround so as to obviate the necessity
of any vehicle backing onto such roadway.
F.
Access from private streets. Access from private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with this chapter.
G.
Monuments and lot corner markers. Permanent monuments
meeting specifications approved by the Village Engineer as to size,
type and installation shall be set at such block corners and angle
points as the Village Engineer may require, and their location shall
be shown on the subdivision plat.
H.
Dedication of land for widening of existing streets.
Where extra width has been dedicated or set aside for widening of
existing streets, lots shall begin at such extra width line, and all
setbacks shall be measured from such line.
I.
Minimum lot size. Lots should not be of such depth
as to encourage the later creation of a second building lot at the
front or rear, and excessive depth in relation to the width shall
be avoided. A proportion of 2 1/2:1 will normally be considered
maximum.
J.
Land reserved for future development. Land reserved
from the subdivision for future development shall be of a useful dimension
for permissible forms of development.
K.
Topsoil. If any topsoil is removed from its natural
position in the process of grading the subdivision site, such topsoil
shall be replaced to a depth approximately equivalent to that existing
prior to such grading, except in streets, driveways and foundation
areas.
A.
Removal of springwater and surface water. All subdivisions
shall be related to the drainage pattern affecting the areas involved,
with proper provisions to be made for adequate storm drainage facilities,
such that the post-development peak discharge rate from a project
site shall not exceed the pre-development peak discharge rate for
any given design storm. Developers shall make provisions for the increased
runoff volume to be determined and provided for on site. The subdivider
may be required by the Planning Board to carry away by pipe or open
ditch any springwater 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 right-of-way where feasible or in perpetual
obstructed easements of appropriate width. 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 design and size of this facility
shall be subject to approval of the Planning Board Engineer.
B.
Drainage structure to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, not only the anticipated discharge from the property being subdivided, but also the anticipated runoff that will occur when property at a higher elevation in the drainage basin is developed. The engineer shall approve the design and size of the facility based on anticipated runoff from the following storm frequencies under conditions of total potential development permitted by Chapter 200, Zoning, in the watershed:
(1)
Generally, for watersheds with drainage areas less
then 320 acres, all structures should be designed to carry the peak
runoff for a twenty-five-year storm.
(2)
Generally, for watersheds with drainage areas larger
than 320 acres, the structures should be designed to carry peak runoff
for a fifty-year storm.
(3)
Peak runoff rates from the project site after development
shall not exceed rates prior to development.
(4)
Provisions for overflow of facilities shall be made
for protection against loss of life and damage to personal property
for storms of one-hundred-year frequency and greater.
(5)
Provision must be made for conveying drainage entering
the site from upland watershed areas.
(6)
Provision must be made for positive drainage from
the site to an existing drainage system or defined drainage course.
C.
Submission requirements.
(1)
The developer shall, for major subdivisions only or
if a specifically required by the Planning Board for a minor subdivision,
submit a written stormwater management report and accompanying data
as outlined below:
(a)
An overall watershed map, at a scale of one
inch equals 2,000 feet (USGS). Sufficient information must be provided
on the mapping to document general drawing patterns in the project
area, drawing from upland areas and potential impacts on downstream
and adjacent property.
(b)
Drawing maps at scale of one inch equals 2,000
feet or larger showing existing and proposed conditions on separate
maps, including watershed areas and subarea boundaries, acreage, inlet
and outlet points, surface characteristics, flow directions, existing
and proposed storm sewers, detention basins, streams and other drainage
channels. Complete detail on exiting piping and surface flows must
be shown within at least 200 feet of the project site, or greater
as required by the Village Engineer.
(c)
A report containing the following:
[1]
Project description, including location, watershed
description, soil types and characteristics, topography, surface covers
characteristics and proposed development description.
[2]
Hydrologic computations for existing and proposed
conditions, including a description of design storm frequency, intensity
and duration, time of concentrations, runoff coefficients, peak runoff
rates for each watershed area or subarea and documentation of sources
for computation methods.
[3]
Hydraulic computations, including pipe capacities,
channel capacities, and projected velocities.
[4]
Anticipates drainage impacts and proposed methods
of minimize impacts, including increases in rate and volume of runoff,
calculation of detention storage requirements, calculation of detention
storage as designed, calculation of release rate from detention facilities
and required controlled outlet sizing and existing and future ponding
limits for design storms and one-hundred-year storms.
[5]
Analysis of downstream facilities based on a
two-, ten- and twenty-five-year storms for all facilities.
[6]
Description of proposed stormwater quality controls
in accordance with the New York State Department of Environmental
Conservation Regulation for stormwater discharge associated with construction
activities.
[7]
Note on the plat and a statement in the report
that the drainage system, as designed, will function adequately and
will not adversely affect adjacent or downstream properties.
[8]
Stamp and signature of a licensed professional
engineer.
(2)
This study shall be reviewed by the Village Engineer.
D.
Land subject to flooding. Land subject to periodic
or occasional flooding or land deemed by the Planning Board to be
uninhabitable shall not be platted for residential occupancy, nor
for such other uses as may increase danger to health, life or property
or aggravate the flood hazard.
E.
Easements. Where a subdivision is traversed by a watercourse,
drainage way, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such course and such further width or construction or both,
as the Village Engineer may deem adequate to the propose, but in no
case less then 20 feet in width and of such width as to encompass
the flood of record plus three feet in elevations. Drainage easements
shall be carried from the road to a natural watercourse or to other
drainage facilities. When a proposed drainage system will carry water
across private land outside the subdivision, appropriate rights must
be secured and indicated on the plat.
F.
House and lot drainage. Drainage of individual lots
and dwellings, including footing drains discharging to a free-flowing
outlet to assure proper runoff from roofs, driveways and paved surfaces,
shall be required for Planning Board approval. The installation of
such facilities shall be required prior to the issuance of a certificate
of occupancy.
The purpose of this section is to provide an
equitable and effective development standard for securing adequate
land for parks, playgrounds and recreation purposes in new subdivisions
throughout the Village. Except as hereinafter provided, lands comprising
approximately 10% of the total area to be subdivided shall be reserved
for parks, playground or recreational purposes in a location with
suitable public access within the subdivision, as selected and determined
by the Planning Board.
A.
Recreation areas shown on master plan. Where a proposed park, playground or open space shown on the master plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the Village or county by the subdivider if the Village Board approves such dedication. While the plan may show only a general location of such proposed sites, the required reservation of land for recreation purposes must be specifically located and designated on the subdivision plat.
B.
Parks and playgrounds not shown on master plan.
(1)
The Planning Board shall require that the plat show
sites of a character, extent and location suitable for the development
of a park, playground or other recreation purpose. The Planning Board
may require that the subdivider satisfactorily grade and seed any
such recreation areas shown on the plat.
(2)
All lands designated on the plat as park, playground
and recreation area may be retained in private ownership and shall
be subject to such conditions as the Planning Board may establish
on the subdivision concerning access, use and maintenance of such
lands as deemed necessary to assure the preservation of such land,
in perpetuity, for their intended purposes. Such conditions shall
be shown on the plat prior to plat approval.
(3)
If the Village Board does not accept the dedication
of the land for recreational purposes, the subdivider may apply for
redesignation of that land from recreational purposes to residential
lots:
C.
Information to be submitted. In the event that an
area to be used for a park or playground is required to be so shown,
the subdivider shall submit, prior to final approval, to the Planning
Board, three prints, (one on cloth) drawn in ink, showing, at a scale
of not less the 30 feet to the inch, such area and the following features
thereof:
(1)
The boundaries of said area, giving lengths and bearings
of all straight lines and radii, lengths, central angles and tangent
distances of all curves.
(2)
Existing features such as brooks, ponds, clusters
of trees, rocks outcrops and structures.
(3)
Existing and, if applicable, proposed changes in grade
and contours of said area and of areas immediately adjacent.
D.
Waiver of plat designation of area for parks and playground.
In cases where the Planning Board finds that, due to the size, topography
or location of the subdivision, land for park, playground or other
recreation purpose cannot be properly located therein or, if in the
opinion of the Board it is not desirable, the Board may waive the
requirement that the plat show land for such purposes. The Board shall
then require as a conditions to approval of the plat a payment to
the Village of an amount as specified by the Village Board for fee
in lieu of park land. Such amount shall be paid to the Village Board
at the time of final plat approval, and no plat shall be signed by
the authorized officer of the Planning Board until such payment is
made. All such payments shall be held by the Village Board in a special
Village recreational site acquisition and improvement fund to be used
for the acquisition of land that is suitable for permanent park, playground
or other recreational purposes; is so located that it will serve primarily
the general neighborhood in which the land covered by the plat lies
; and shall be used only for park, playground or other recreational
land acquisition or improvements. Such money may also be used for
the physical improvement of existing parks or recreation areas serving
the general neighborhood in which the land shown on the plat is situated,
provided that the Planning Board finds there is a need for such improvement.
E.
Reserve strips prohibited. Reserve strips of land,
which might be used to control access from the proposed subdivision
to any neighboring property or to any land within the subdivision
itself shall be prohibited.
F.
Preservation of natural features. The Planning Board
shall, wherever possible, establish the preservation of all natural
features which add value to residential developments and to the community,
such as large trees or groves, watercourses and falls, beaches, historic
spots, vistas and similar irreplaceable assets.
(1)
Natural terrain. Subdivision design shall preserve,
insofar as possible, the natural terrain and natural watercourses,
improvements and drainage areas.
(2)
Trees. A conscious effort shall be made to preserve
all worthwhile trees and shrubs which exist on the site. Such features
may well be suggested for park or playground areas. On individual
lots or parcels, care shall be taken to preserve selected trees to
enhance the landscape treatment of the development. No tree with a
diameter of eight inches or more as measured three feet above the
base of the trunk shall be removed unless such tree is within the
right-of-way of a street as shown on the final subdivision plat. Removal
of additional trees shall be subject to the approval of the Planning
Board. In no case, however, shall a tree with a diameter of eight
inches or more as measured three feet above the base of the trunk
be removed without prior approval by the Planning Board.
(3)
Soil. Natural fertility of the soil shall be preserved
by disturbing it as little as is possible, and no topsoil shall be
removed from the site.
(4)
Watercourse. Open watercourses shall be recognized as community assets; subdivision design may well be enhanced by featuring streams and brooks. Floodplain land, areas bordering on watercourses, drainage and other lands which cannot be used safely for building purposes without danger to health or peril from flood may be offered to the municipality as a fit to be used as public open space or for recreational purposes, at the discretion often Planning Board, but shall be in addition to that required in Subsection B.
A.
The subdivider shall provide effective sediment control
measures for planning and construction of subdivisions. Use of the
following technical principles shall be applied as deemed appropriate
by the Orange County Soil and Water Conversation District:
(1)
The smallest practical area of land shall be exposed
at any one time during the development.
(2)
When land is exposed during development, the exposure
shall be kept to the shortest practical period of time.
(3)
Temporary vegetation and/or emulsion shall be used
to protect critical areas exposed during development.
(4)
Sediment basins and debris basins (silting basins
or silt traps) shall be installed and maintained to remove sediment
from runoff waters on lands undergoing development.
(5)
Provisions shall be made to effectively accommodate
the increased runoff caused by changing soils and surface conditions
during and after development.
(6)
Permanent final vegetation and structures should be
installed as soon as practical in the development.
(7)
The development plan should be fitted to the type
of topography and soils so as to create the least erosion potential.
(8)
Whenever feasible, natural vegetation shall be protected.
B.
A permit is required to grade and/or shape the topography
and is subject to the same restrictions and reviews as are subdivisions
(preparation of agricultural land fitting to seed crops for harvest
is not considered grading).
C.
Drainage channels. All primary drainage channels which
are located within or immediately adjacent to an improvement or a
subdivision shall be protected by the developer.
D.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 168, Articles I and II, shall be required. The SWPPP shall meet the performance and design criteria and standards in Chapter 168, Article II. The approved erosion control permit shall be consistent with the provisions of Chapter 168, Articles I and II.
[Added 11-20-2007 by L.L. No. 6-2007]
