[HISTORY: Adopted by the Planning Board of the Village of
Webster in 1968.[1] Amendments by the Village Board noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 30.
Stormwater management — See Ch. 130.
Zoning — See Ch. 175.
[1]
Editor's Note: Local Law No. 3-2020, adopted 11-12-2020, abolished
the existing Planning Board and Zoning Board of Appeals and created
a new Zoning Board of Appeals. Pursuant to this local law, all references
in this chapter to the "Planning Board" have been changed to "Zoning
Board of Appeals."
These rules and regulations shall be known and may be cited
as the "Village of Webster Subdivision Regulations of 1968."
By reason of a resolution adopted by the Village Board of the
Village of Webster on the 13th day of August 1962, pursuant to the
provisions of Article 6-A of the Village Law,[1] the Zoning Board of Appeals of the Village of Webster
has the power and authority to approve plats of subdivision of land,
with or without streets or highways. Such approval, in accordance
with the procedures and regulations set forth below, is prerequisite
to the recording of all plats of any subdivision of land within the
Village of Webster in the office of the Monroe County Clerk.
[1]
Editor's Note: Former Article 6-A of the Village Law was repealed
by L. 1972, c. 892. See now Article 7 of the Village Law.
To carry out the purposes of the Village Law and the Village
Board in providing for such plat approval, these rules and regulations
are adopted by the Zoning Board of Appeals, and approved by the Village
Board, to provide for the future growth and development of the Village
and to afford adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare of
its population. Consistent with such purposes, these rules and regulations
will assure the orderly development of residential areas, the coordination
of existing streets and public utilities with new services, the proper
provision of open spaces for passive and active recreation and the
proper location of future sites for public buildings and shopping
areas, all to the mutual benefit to the developer, in providing more
stable values, and to the future homeowner, in providing the necessary
services at minimum cost and maximum convenience.
A.
Unless otherwise expressly stated, the following terms shall, for
the purposes of these regulations, have the meanings indicated.
B.
ALLEY or SERVICE DRIVE
BLOCK
BOARD
CROSSWALK
CUL-DE-SAC
DOUBLE FRONTAGE LOT
EASEMENT
FINAL SUBDIVISION PLAN
GRADING PLAN
HALF STREET
IMPROVEMENTS
LOT
PRELIMINARY PLAN
RIGHT-OF-WAY
STREET
(1)
(2)
(3)
SUBDIVIDER
SUBDIVISION
Words in the singular include the plural, and words in the plural
include the singular. The word "person" includes a corporation, unincorporated
association and a partnership, as well as an individual. The word
"building" includes "structure" and shall be construed as if followed
by the words "or part thereof." The word "street" includes "road,"
"highway" and "lane"; and "watercourse" includes "drain," "ditch"
and "stream." The words "shall" and "will" are mandatory and not directive;
the word "may" is permissive.
A strip of land over which there is a right-of-way, municipally
or privately owned, serving as a secondary means of access to two
or more properties.
An area bounded by streets.
The word "Board" shall mean the Village of Webster Zoning
Board of Appeals.
A right-of-way, municipally or privately owned, at least
12 feet in width, which cuts across a block to furnish access for
pedestrians to adjacent streets or properties.
A residential street with one end open for public vehicles
and pedestrian access and the other end terminating in a vehicular
turnaround.
A lot having at least two sides fronting on separate streets
which do not intersect while adjoining the lot.
A right granted to use certain land for a special purpose
not inconsistent with the general property rights of the owner.
A plan or plat prepared for recording by a registered engineer or surveyor as required by § 137-10.
A plan showing all present and proposed grades for stormwater
drainage.
One half of a street right-of-way and paving, usually with
its center line located on a property line.
Those physical additions and changes to the land that may be necessary to produce usable and desirable lots (e.g., grading, paving, curbing, fire hydrants, water mains, sanitary sewers, storm sewers and drains, sidewalks, crosswalks, street shade trees, street signs, monuments and fences. (See § 137-7.)
A parcel of land, intended for transfer of ownership or building development, that is presently occupied or capable of being occupied by one principal building or use, and by those buildings or uses accessory thereto, and having as a minimum such open spaces as required by the provisions of Chapter 175, Zoning, as amended and as may be further amended.
[Amended 6-9-1994 by L.L. No. 2-1994]
A plan showing existing features of land and proposed street and lot layout within and adjacent to a subdivision, as required by § 137-9.
Land opened for use as a street, alley or crosswalk.
A general term used to describe a right-of-way, municipally
or privately owned, serving as a means of vehicular and pedestrian
travel, furnishing space for sewers, public utilities and shade trees.
The "streets" are classified as follows:
LOCAL RESIDENTIAL STREETA street used as the principal means of access to adjacent residential properties, serving only a comparatively small number of dwellings.
COLLECTOR STREET OR ROADA street or road connecting local residential streets to each other, to community facilities and to primary or major thoroughfares, serving only neighborhood traffic.
PRIMARY OR MAJOR THOROUGHFARESStreets connecting district centers, serving large volumes of through, fast traffic, preferably located outside or bounding the residential neighborhoods.
A person who is the registered owner, or the authorized agent
of the registered owner, of land to be subdivided.
A division of any part, parcel or area of land by the owner
or agent, either by lots or by metes and bounds, into lots or parcels
two or more in number for the purpose of conveyance, transfer, improvements
or sale. A "subdivision" shall not include, however, the division
into not more than two parcels of not less than five acres each.
A.
General requirements. The Zoning Board of Appeals must hold a public
hearing before the plat of a subdivision receives final approval,
thus permitting the plat to be recorded in the Monroe County Clerk's
office. The Board shall give final approval to a plat before completion
of required improvements only if their installation is assured through
an approved performance bond or letter of credit.
B.
Summary of procedure. The subdivider shall develop the proposed plat
and present it for final action by the Board in the following consecutive
steps:
(1)
The subdivider shall present and discuss a rough sketch of the proposed
subdivision at an informal meeting with the Board.
(2)
The subdivider shall present a preliminary plan and other required
data for consideration and advice by the Board.
(3)
The subdivider shall submit a formal application for approval of
the final plat upon which the Board will hold its public hearing and
thereupon approve, modify and approve, or disapprove such plat.
C.
Informal meeting and rough sketch. The Board will meet informally
with the subdivider to discuss the proposed subdivision and make available
to the subdivider its knowledge of development activities and requirements.
A written request for such informal meeting shall be filed with the
Village Clerk. The Chair of the Zoning Board of Appeals shall give
the applicant at least five days' advance notice of the time and place
of the informal meeting, which shall take place not later than the
second regular meeting of the Board after the filing of the request.
The subdivider shall present sketch plans at such informal meeting
which shall roughly indicate contours, street and lot locations and
future development of the total surrounding area owned or controlled
by the subdivider. It is recommended that no detailed engineering
work be done until after such informal meeting.
D.
Preliminary plan. After informal consideration with the Board of the subdivider's rough sketches, the subdivider shall file with the Village Clerk a preliminary plan of the proposed subdivision which shall include all layouts, plans and data and which shall be in the form specified in § 137-9. The Village Clerk shall refer the preliminary plans to the Village Engineer who shall in turn report the Village Engineer's recommendations to the Zoning Board of Appeals. Not later than 30 days after such filing, the Board shall notify the subdivider in writing of any specific changes which may be required in such plan. The Board and subdivider shall then meet to discuss informally such preliminary plan and such specific changes, if any may be required.
E.
Formal application. The subdivider's formal application for approval of the final plat shall be in writing and submitted to the Board by filing it in triplicate with the Village Clerk. The application shall contain, in the form specified in § 137-10 and in precise detail, all of the data and material specified in said section.
F.
Public hearing. The Zoning Board of Appeals shall hold a public hearing
within 62 days after the receipt of a complete final plat by the Clerk
of the Zoning Board of Appeals. Such hearing shall be advertised at
least once in a newspaper of general circulation in the Village at
least five days before such hearing. The Zoning Board of Appeals may
provide that the hearing be further advertised in such manner as it
deems most appropriate for full public consideration of such final
plat.
[Amended 6-9-1994 by L.L. No. 2-1994]
G.
Action of Board.
[Amended 6-9-1994 by L.L. No. 2-1994]
(1)
The Zoning Board of Appeals shall by resolution conditionally approve,
with or without modification, disapprove or grant final approval and
authorize the signing of such plat within 62 days after the date of
the public hearing. The ground for modification, if any, or the ground
for disapproval shall be stated upon the records of the Zoning Board
of Appeals.
(2)
Extension of time. Notwithstanding the foregoing provisions of this
subsection, the time in which the Zoning Board of Appeals must take
action on such plat may be extended by mutual consent of the owner
and the Zoning Board of Appeals.
(3)
Approval by default. In the event that the Zoning Board of Appeals
fails to take action on a final plat within the time prescribed herein,
or for such extended period established by the mutual consent of the
owner and the Zoning Board of Appeals, the plat shall be deemed approved,
and a certificate of the Village Clerk as to the date of submission
and the failure to take action within such prescribed time shall be
issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval herein required.
(4)
Conditional approval of final plats.
(a)
Certification of plat. Upon resolution granting conditional
approval of a final plat, the Zoning Board of Appeals shall empower
a duly authorized officer to sign the plat subject to completion of
any requirements as may be stated in the resolution. Within five days
of such resolution, the plat shall be certified by the Clerk of the
Zoning Board of Appeals as conditionally approved and a copy filed
in such Clerk's office. A copy of the resolution shall be mailed to
the owner, which copy shall include a statement of such requirements
which when completed will authorize the signing of the conditionally
approved final plat.
(b)
Duration of approval. Upon completion of such requirements,
the plat shall be signed by said duly authorized officer of the Zoning
Board of Appeals. Conditional approval of a final plat shall expire
within 180 days after the date of the resolution granting conditional
approval unless such requirements have been certified as completed.
(c)
Extension of time. Notwithstanding the foregoing provisions
of this subsection, the Zoning Board of Appeals may extend the time
in which a conditionally approved plat in final form must be submitted
for signature if, in its opinion, such extension is warranted by the
particular circumstances thereof, which time shall not exceed additional
periods of 90 days each.[1]
(5)
Approval of plat in sections. In granting conditional or final approval
of a plat in final form, the Zoning Board of Appeals may permit the
plat to be subdivided and developed in two or more sections and may,
in its resolution granting conditional or final approval, state that
such requirements as it deems necessary to ensure the orderly development
of the plat shall be completed before said sections may be signed
by the duly authorized officer of the Zoning Board of Appeals. Conditional
or final approval of the sections of a final plat may be granted concurrently
with conditional or final approval of the entire plat, subject to
any requirements imposed by the Zoning Board of Appeals.
(6)
In the event of approval, there shall be stated the precise conditions
of the approval, including the improvements to be required and the
amount of the performance bond or letter of credit which may be furnished
in lieu of the complete installation of such improvements. The Zoning
Board of Appeals may waive, subject to appropriate conditions and
guaranties, for such period as it may determine, the provision of
any or all such improvements as, in its judgment of the special circumstances
of a particular plat or plats, are not requisite in the interest of
public health, safety and general welfare or which, in its judgment,
are inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the subdivision.
H.
Time limit for filing.
[Amended 6-9-1994 by L.L. No. 2-1994[2]]
(1)
The approval by the Zoning Board of Appeals of a plat showing lots, blocks or sites, with or without streets or highways, or the approval by the Board of the development of a plat already on file in the office of the Monroe County Clerk prior to the appointment of the Village Zoning Board of Appeals and the grant to it of the power to approve plats, or the certificate of the Webster Village Clerk as to the date of submission of such plat or such proposed development and the failure of the Zoning Board of Appeals to take action thereon within 62 days, shall expire 62 days from the date of such approval or of such certificate, unless within such sixty-two-day period such plat or section thereof shall have been duly filed or recorded by the owner in the office of the Monroe County Clerk and the proposed development of such plat has either been completed or a bond therefor posted with the Village Board as provided in Subsection I of this section.
(2)
If the owner shall file only a section of an approved plat within
such sixty-two-day period, such section shall encompass at least 10%
of the total number of lots contained in the approved plat, and the
approval of the remaining sections of the approved plat shall expire
unless said sections are filed before the expiration of the exemption
period to which such plat is entitled under the provisions of § 7-708
of the Village Law. In the event that the owner shall file only a
section of such approved plat in the office of the Monroe County Clerk,
the entire approved plat shall be filed within 30 days of the filing
of such section with the Webster Village Clerk.
I.
Performance bond or letter of credit.
(1)
Any performance bond or letter of credit furnished in lieu of the
installation of the required improvements shall be in the amount fixed
by resolution of the Zoning Board of Appeals, shall be secured by
such deposit of subdivider or issued by such bonding or security company
as shall be approved by the Village Board, and shall be approved by
the Village Board as to form, sufficiency and manner of execution.
The bond or letter of credit shall assure the complete installation
of the required improvements within such period, not longer than three
years, as shall be fixed by the Zoning Board of Appeals. The Zoning
Board of Appeals, with the consent of all parties to the bond, may
extend such period upon written application of the subdivider filed
with the Village Clerk prior to the expiration of such period or upon
its own motion at any time prior to a declaration of a default in
the bond by the Village Board.
(2)
The Zoning Board of Appeals, with the approval of the Village Board, and upon findings either that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such bond or that the required improvements have been installed in sufficient amount to warrant reduction in the face amount of such bond, may modify its requirements. Such modification shall not take place until after a public hearing of which notice is published as provided in Subsection F of this section.
(4)
If the required improvements are not completely installed within
the period fixed or extended by the Zoning Board of Appeals, the Village
Board may declare the performance bond or letter of credit in default
and collect the amount payable thereunder. Upon receipt of such amount,
the Village shall install such improvements as were covered by the
bond and are commensurate with the extent of building development
which has taken place in the subdivision, not exceeding in cost the
amount collected upon the bond.
J.
Offers of cession. The subdivider shall tender offers of cession,
in a form certified as satisfactory by the Village Attorney, of all
land included in streets, highways or parks not specifically reserved
by him, but the approval of the plan by the Zoning Board of Appeals
shall not constitute an acceptance by the Village of the dedication
of any street, highway, park or other public open space.
K.
Inspection. The installations, improvements and development of any
subdivision shall be subject to inspection at all stages by representatives
of the Zoning Board of Appeals or of the Village of Webster, and,
for such purposes, free access shall be accorded, and requested information
shall be promptly submitted.
The Zoning Board of Appeals shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
A.
General requirements. In the layout, development and improvement
of a subdivision, subdividers shall comply with all standards, specifications,
codes and ordinances of the Village, and, in addition, they shall
meet, as minimums, the standards of design and principles of land
subdivision set forth in this section.
B.
Streets and roads.
(1)
Street layout.
(a)
The development plan shall conform to such plan or plans for
the Village as shall have been prepared and adopted by the Zoning
Board of Appeals.
(b)
Local residential streets in a new development shall be so laid
out as to discourage through traffic, but provision for the extension
and continuation of major streets into and from adjoining areas is
required. If the subdivision abuts a present or proposed primary or
major thoroughfare, marginal interceptor streets running parallel
to the thoroughfare should be provided.
(c)
At all times, the street layout should be logically related
to the topography of the land.
(d)
Where the center lines of local streets opening into opposite
sides of a major thoroughfare are within 200 feet of each other, they
shall be made to coincide by curving or angling the local streets.
(e)
If the lots resulting from the original development are large
enough for resubdivision, or if a portion of the tract is not subdivided,
suitable access and street openings for such an eventuality shall
be provided.
(f)
Culs-de-sac in the local street system shall not exceed 500
feet in length and must be designed with a turnaround having an outside
roadway diameter of at least 125 feet and a street property line diameter
of at least 145 feet.
(g)
Intersecting minor and secondary streets leading from the same
subdivision shall not empty into the same side of a major thoroughfare
at intervals less than 800 feet.
(2)
Street alignment.
(a)
The minimum radius at the center line for curves on primary
roads or major thoroughfares shall be 500 feet; for collector streets
or roads, 300 feet; and for local residential streets, 150 feet.
(b)
Except for local residential streets, there shall be a tangent
of at least 100 feet, measured at the center line, between reverse
curves.
(c)
Proper sight distances should be provided with respect to both
horizontal and vertical alignment. Measured along the center line,
the sight distance should be 400 feet for primary roads or major thoroughfares;
200 feet for collector streets or roads; and 100 feet for local residential
streets.
(d)
Proper sight lines should be maintained at all intersections
of streets. Measured along the center line, there should be a clear
sight triangle of 80 feet from the point of intersection. No present
or future building or obstruction shall be permitted in this area.
(3)
Street grades.
(a)
There shall be a minimum grade of at least 3/4 of 1% on all
streets; a maximum grade of 6% on primary roads, major thoroughfares
and collector streets or roads; and 10% on local residential streets
for maximum distances of 1,500 feet.
(b)
Vertical curves shall be used in changes of grade exceeding
1% and should be designed for maximum visibility. Intersections shall
be approached on all sides by leveling areas; such leveling areas
shall extend for a distance of 100 feet from the point of intersection
of the center lines of the intersecting streets and within which no
grade shall exceed a maximum of 3%. The grade of actual intersections
shall not exceed 1% in any direction.
(4)
Street widths.
(b)
Additional widths may be required by the Zoning Board of Appeals
upon findings that the same are required for public safety and convenience;
for parking in commercial or public use areas; or for old streets
which do not provide the proper widths and where, as a consequence,
additional dedication is necessary.
(5)
Street intersections.
(a)
Multiple intersections involving the junction of more than four
streets shall be avoided, and where such avoidance is impossible,
such intersections shall be designed with extreme care for both vehicular
and pedestrian safety.
(b)
Right angle intersections shall be used whenever practicable,
especially when local residential streets empty into major or collector
thoroughfares, and there shall be no intersection angle, measured
at the center line, of less than 75°.
(c)
Street curb intersections shall be rounded by a tangential arc
with a minimum radius of 20 feet for local residential streets and
30 feet for intersections, including collector streets or roads and
primary roads or major thoroughfares.
(6)
Other requirements.
(a)
The dedication of half streets at the edge of a new subdivision
is prohibited. If circumstances render this impracticable, adequate
provisions for the concurrent dedication of the remaining half of
the street must be furnished by the subdivider. The existence of a
half street in an adjoining subdivision will require the provision
of the remaining half in the proposed subdivision.
(b)
Reserve strips controlling access or egress are prohibited.
New streets shall be provided through to the boundary lines of the
development, especially if it adjoins acreage.
(c)
Streets that are extensions of, or obviously in alignment with,
existing named streets shall bear the names of the existing streets,
subject to the approval of the Zoning Board of Appeals.
C.
Blocks and lots.
(1)
Blocks.
(a)
All blocks in a subdivision shall have a minimum length of at
least 500 feet with a maximum length of 1,200 feet. Such blocks containing
individual lots shall be at least two lot depths in width. Modifications
of the above requirements are possible in commercial, retail business
and industrial developments.
(b)
In large blocks with interior parks, in exceptionally long blocks,
or where access to a school or shopping center is necessary, a crosswalk
with a minimum right-of-way of 12 feet and a paved walk six feet in
width shall be provided.
(2)
Lots.
(a)
The minimum lot size and frontage shall be controlled by the provisions of Chapter 175, Zoning, of the Code of the Village of Webster, as amended and as may be further amended.
(b)
All lots shall abut on a street, but double frontage lots are
prohibited. All lot lines shall be at right angles to the street or
to a tangent of the arc of a curved street. If, after subdividing,
there exist remnants of land, they shall be included in proposed or
existing lot areas.
D.
Building lines, utilities and alleys.
(1)
Building lines. The minimum building setback shall be controlled by the provisions set forth in Chapter 175, Zoning, of the Code of the Village of Webster, as amended and as may be further amended.
(2)
Utilities.
(a)
If sewer, water, gas, electrical, streetlighting or other public
utility facilities are to be located within street rights-of-way,
their location and installation shall be coordinated so that they
may be added to, repaired or enlarged at minimum cost.
(b)
If easements are used at the rear of lots to provide such facilities,
an easement shall be required, having a minimum width of at least
20 feet. (Where lots back up to each other, this would require a ten-foot
easement from each lot.)
(3)
Alleys. Alleys are prohibited in residential developments. In commercial,
retail business or industrial districts without expressly designed
loading areas, alleys with a minimum width of 25 feet shall be required.
Where such alleys dead-end, they shall be provided with a turnaround
having an outside roadway diameter of not less than 75 feet.
E.
Dedication and reservations for public land use.
(1)
Where a proposed park, playground, school or other public use shown
in the Master Plan is located in whole or in part in a subdivision,
or where there is a need for such use in the area within which the
subdivision is to be located, the Zoning Board of Appeals may require
the dedication or reservation of such area within the subdivision
in those cases in which the Zoning Board of Appeals deems such requirements
to be reasonable.
(2)
Where deemed essential by the Zoning Board of Appeals, upon consideration
of the particular type of development proposed in the subdivision,
and especially in large-scale neighborhood unit developments, the
Zoning Board of Appeals may require the dedication or reservation
of such other areas or sites of a character, extent or location suitable
to the needs created by such development for schools, parks and other
neighborhood purposes.
The following is a complete list of required improvements to
be installed by the subdivider.
A.
Street grading. All streets shall be graded to the grades shown on
the street profile and cross-section plans as submitted and approved
with the preliminary plan. They shall be inspected and checked for
accuracy by the Village or its representatives.
B.
Pavement.
(1)
All pavement for local residential streets and collector streets
or roads shall be installed as shown on the preliminary plan. All
pavements shall conform to the then-current road construction specifications
of the Village of Webster.
(2)
Concrete gutters constructed in accordance with Village specifications
shall be required on both sides of all streets.
C.
Sidewalks and curbs.
(1)
Sidewalks shall be installed as the Zoning Board of Appeals may require,
and on one or both sides of a street depending on local conditions
of public safety.
(2)
Sidewalks shall be constructed to the following minimum specifications:
Sidewalks shall be 3,500 pounds minimum strength concrete 1-2-4 mix
or better, with a minimum of five feet in width and four inches of
thickness, except at driveway crossings, where the sidewalk shall
be increased to six inches thick and be reinforced.
(3)
Curbs shall be installed as the Zoning Board of Appeals may require,
and on one or both sides of a street depending on local conditions
of public safety. Curbs shall conform to the then-current specifications
of the Village of Webster as provided by the Superintendent of Public
Works.
D.
Storm and surface drainage. All storm sewers and drainage facilities,
such as gutters, catch basins, bridges and culverts, shall be installed
and the land graded for adequate drainage as shown on the final grading
plan submitted and approved with the preliminary plan. These shall
be inspected and checked for adequacy by the Village or its representatives.
E.
Sewers and water. All necessary mains and laterals for connection
from the lots to the public sewer system and all necessary mains for
water distribution as shown on the preliminary plan shall be installed
by the subdivider. Village forces shall make the connection from the
lots to the public water system. During installation of such facilities,
and before final coverage, the Village or its representatives shall
make inspections to assure that all requirements and specifications
have been met. They shall be granted free access to the development
area at all times during this period, and the Building Inspector will
then issue a certificate of approval to the Zoning Board of Appeals
as a requirement of final plan approval. The Village Board, at its
option, may set a connection fee in each case.
F.
Planting. Adequate tree planting, appropriate to the individual lot
and integral to the comprehensive benefit of the whole area, shall
be completed by the developer. Tentative location and species (which
shall conform to the recommendations of the Village Arborist) will
be indicated on the preliminary plan. Street trees shall be a minimum
of 35 feet apart. Trees shall be not less than 1 1/2 inches in
diameter at the base at time of planting. They shall be planted in
the lawn area within 10 feet of the street line. Trees must be adequately
supported by guy wires until firmly rooted.
G.
Monuments. Permanent reference monuments of precast concrete or a
durable stone, six inches by six inches by 48 inches, shall be set
at final grade at all corners and angle points of the boundaries of
the original tract to be subdivided, at all street intersections and
at such intermediate points as may be required. All lot corner markers
shall be at least a three-fourths-inch metal pin with a minimum length
of 30 inches, permanently located in the ground to final grade. The
Zoning Board of Appeals may waive part of the foregoing requirements
for monuments if, in its opinion, suitable bases for the location
of boundaries are otherwise provided. However, in any subdivision,
no fewer than three corners of the original tract to be subdivided
shall be marked as heretofore specified.
H.
Street signs. Permanent street signs, showing the names of the intersecting
streets, shall be erected at each intersection by the Village of Webster
at the developer's expense.
I.
Fences. Fences shall be installed as the Zoning Board of Appeals
may require, depending on local conditions of public safety.
The subdivider shall submit to the Zoning Board of Appeals a
preliminary plan of the proposed subdivision, with complete topography
of the area at two-foot intervals, unless otherwise specified for
profiles and cross sections. These shall all be submitted in triplicate
(one Mylar or its equivalent reproducible and two black and white
paper prints) at a scale of not less than 100 feet to the inch and
shall contain the following information:
A.
The proposed subdivision name or identifying title and a location
map showing the tract in which the subdivision is located and the
relationship of the proposed subdivision to existing community facilities
and main traffic arteries.
B.
The name and address, personally signed, of the record owner, subdivider
and designer of the preliminary plan in India ink.
C.
A deed description and map of survey of the tract boundary made and
certified by a licensed surveyor to be a closed and balanced traverse
and showing the location of property lines, existing easements, buildings,
watercourses and other essential features.
D.
The names of all subdivisions immediately adjacent and the names
of owners of record for adjacent acreage.
E.
The location and size of any existing sewers, water or gas mains,
culverts and drains on the property to be subdivided.
F.
Sanitary sewers, detailed as follows:
(1)
Plan and profile of all sewers showing all special features such
as inverted siphons, extra-strength pipe, sewer bridges, stream crossings,
etc.
(2)
Figures showing the manhole stationing, size of sewers, surface and
sewer invert elevations at manholes, and the grade of all sewers between
two adjacent manholes must be shown on the profiles. Where there is
question of the sewer's being sufficiently deep to serve any residence,
the elevation and location of the basement floor shall be plotted
on the profile of the sewer which is to serve the house in question.
The subdivider's engineer shall certify that all sewers are sufficiently
deep to serve adjacent basements except where otherwise noted on the
plans.
(3)
Details of all ordinary sewer appurtenances such as manholes, drop
manholes, inspection chambers and inverted siphons, as well as of
any special appurtenances of structures, such as regulators, tide
gates, sewer bridges, pumping stations, etc.
(4)
Detailed plans of all sewer sections except standard pipe, clearly
shown as such, must accompany the plans. Details of cradling and encasement
must also be shown.
(5)
A summary of design data for all sewers and for pumping stations
or any similar facilities.
G.
Storm drainage and sewers, detailed as follows:
(1)
All details required for the collection and disposal of surface drainage,
the same as that required for sanitary sewers.
(2)
Details of catch basins, open channels, culverts, conduits, ditches
and headwalls.
(3)
Design and construction details for the ultimate disposal of stormwaters.
(4)
Design and construction details for any method of lowering the groundwater
table with a drainage system.
(5)
A summary of design data for all storm drainage.
(6)
Final grading plan.
H.
The location, names and existing widths of present and proposed streets,
highways, easements, building lines, alleys, parks and other public
open spaces.
I.
The width, location, grades and street profiles of all proposed streets
or other public ways.
J.
Typical cross sections of the proposed grading of the roadways and
sidewalks, and the topographic conditions; additional cross sections
at points where cut or fill exceeds three feet or multiples of three
feet.
K.
Zoning regulations for the area with zoning district boundaries affecting
the area; all parcels of land proposed to be dedicated to public use
and the conditions of such dedication.
L.
The date, scale and true North point.
M.
All proposed lot lines with approximate dimensions and building setback
lines.
N.
The proposed location of and type of sidewalks; the location and
species of street trees; the location, size and types of curbs and
gutters; the location and size of water, gas and electrical mains
and lines; the character, width, depth of pavement and subbase; and
the type and location of fences.
O.
All necessary easements to service public areas.
P.
When and if the subdivision covers only a portion of the subdivider's
entire holding, a sketch of the prospective future street system of
the entire area shall accompany the preliminary plan. In addition,
the sketch shall show all prospective sewer and drainage facilities
with sizes, slope, location and area served.
Q.
All preliminary plans must be submitted at one of the following sizes:
17 inches by 22 inches; 22 inches by 34 inches; or 34 inches by 44
inches. A suitable border line shall be placed on all drawings with
a margin of not less than 1/2 inch on all sides.
The developer shall submit the final subdivision plan and street
profiles clearly and legibly drawn in India ink on Mylar or its equivalent.
These shall be original drawings or prints on Mylar or its equivalent
at a scale of not more than 100 feet to the inch. In addition to the
Mylar or its equivalent drawing, there shall be submitted three prints
on Mylar or its equivalent of the plans and profiles. The final plan
shall include the following:
A.
The proposed subdivision name or identifying title and the name of
the tract in which the subdivision is located; the name and address
of the record owner and subdivider; and the name, license number and
seal of the registered professional engineer or surveyor.
B.
Street lines, pedestrianways, lots, reservations, easements and areas
dedicated to public use.
C.
Sufficient data to determine readily the location, bearing and length
of every street, lot line and boundary line, and to reproduce such
lines upon the ground.
D.
The length and bearing of all straight lines, the deflection angles,
radii, length of curves and central angles of all curves, tangent
distances and tangent bearings shall be given for each street. All
dimensions of the lines of each lot shall be shown in feet and decimals
of a foot. The property boundaries, location, scale and North points
shall also be shown.
E.
The final plan shall also show by proper designation thereon all
public open spaces for which deeds of dedication are included. All
offers of dedication shall bear the certificate of approval of the
Village Attorney as to their legal sufficiency.
F.
Lots within a subdivision shall be numbered.
G.
Permanent reference monuments shall be shown thus: "X." All lot corner
markers shall be shown thus: "O."
H.
As-built drawings, certified by the subdivider's engineer, showing
that sanitary sewers, storm drainage facilities, manholes, house lateral
stubs and all other underground facilities were constructed by the
developer in accordance with the approved preliminary plan or in accordance
with a variance thereof approved by the Board.
I.
Certification of approval by the appropriate public agency, when
and where required, as well as such other certificates, affidavits,
endorsements or other agreements as may be required by the Zoning
Board of Appeals in the enforcement of these regulations.
A.
Hardships. Where the Zoning Board of Appeals finds that, because of unusual circumstances of shape, topography or other physical features of the proposed subdivision, or because of the nature of adjacent developments, extraordinary hardship may result from strict compliance with these regulations, it may change the regulations so that substantial justice may be done and the public interest secured, provided that no such change shall be granted which will have the effect of nullifying the intent and purpose of Chapter 175, Zoning, of these regulations or of any other pertinent rules, regulations or ordinances of the Village of Webster.
B.
Large-scale development. The standards and requirements of these
regulations may be modified by the Zoning Board of Appeals in the
case of a plan and program for a new complete community or a neighborhood
unit, which, in the judgment of the Zoning Board of Appeals, provides
adequate public spaces and improvements for the circulation, recreation,
light, air and service needs of the tract when fully developed and
populated and which also provides such covenants or other legal provisions
as will assure conformity to and achievement of the plan.
C.
Conditions. In granting variances and modifications, the Zoning Board
of Appeals may require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so varied
or modified.
The rules and regulations as set forth above may be amended,
altered or revised by the Zoning Board of Appeals from time to time,
after public hearing and subject to the approval of the Village Board.
[Amended 6-9-1994 by L.L. No. 2-1994]
Village of Webster subdivision fees shall be as set by the Village
Board.[1]
[1]
Editor's Note: The Village Fee Schedule is available in the
Village office and can also be found on the Village website.
Any person who violates this chapter shall be guilty of a violation,
and upon conviction, shall be punishable by a fine not exceeding $250
or by imprisonment not exceeding 15 days, or both such fine and imprisonment.
