Village of Menands, NY General Regulations

Whenever a time limit is specified in these regulations, the Board may extend the limit upon request by the owner, provided that the Board is legally empowered to do so.

Whenever a subdivision of land is proposed and before any contract for the sale of or offer to sell any lot in any subdivision of part thereof is made, or before any permit for the erection of a structure in such proposed subdivision is granted, the owner or duly authorized agent shall apply, in writing, for approval of the proposed subdivision in accordance with the procedures in this section.

The Village may require an applicant to deposit in escrow a reasonable amount established by the Village to pay for the fees and/or costs of any engineer, consultant or attorney designated or hired by the Village to review any application for subdivision or approval of such application. The fee and/or costs charged by such engineer, consultant or attorney in connection with such review will be charged against the sum deposited in escrow. Any amount held in escrow will be at the sole discretion of the Village. Any amount remaining shall be returned to the applicant within 45 days of final action on the application.

Four steps are prescribed for the subdivision review process.

Step 1: preapplication conference.

The purpose of this step is to determine the feasibility of the project before the owner has invested a substantial amount of money.

The owner shall furnish three copies of a sketch plan of the proposed subdivision and all adjacent land owned by the owner or under option to him. The sketch shall include a general street layout and drainage plan, the number of intended lots and the proposed use (residential, commercial, industrial, etc.) for the lots. The sketch shall be to a scale not less than 100 feet per inch.

The owner shall present the proposed subdivision to the Board along with such information as the Board may require.

The Board will inform the owner of general subdivision requirements as well as particular requirements for the subdivision under review as dictated by the Official Map or other considerations.

Step 2: preliminary review.

The owner shall present a preliminary submission at a Village Board meeting. The date of the preliminary submission shall be 10 business days prior to the regularly scheduled meeting of the Village Board at which it is presented.

A field walk by the Board or its representative with the owner may be required. Temporary stakes showing street center lines may be required.

The Board shall communicate to the owner, in writing, within 60 days, its decision concerning the preliminary submission. If the preliminary submission is approved, the Board shall express its approval as "conditional approval" and state specific modifications, if any, which shall be required in the final submission. If modifications are required, the reasons therefor shall be given.

If the preliminary submission is disapproved, the Board will state the reasons for its disapproval.

The action of the Board shall be noted on two copies of the preliminary submission form, to which shall be attached reference statements of any conditions and requirements determined by the Board. One copy shall be returned to the owner and the other retained by the Board.

Step 3: final review

If the preliminary submission is approved, the owner, within six months of the date of conditional approval, shall present a final submission at a Village Board meeting.

In the event that a final submission of the entire subdivision or part of it is not made within six months from the date of conditional approval, the application may be considered withdrawn and any conditional approval or waivers of required improvements by the Board may be considered lapsed.

The date of the final submission shall be 10 business days prior to the regularly scheduled meeting of the Village Board meeting at which it is presented.

The final submission shall conform to the approved preliminary submission and shall contain any modifications specified by the Board. If desired by the owner, it may include only that portion of the approved preliminary plat which he proposes to record and develop at that time, provided that such portion conforms to all requirements of these regulations.

The owner shall furnish a performance bond at the time of final submission sufficient to cover the full cost of required improvements as estimated by the Board or other appropriate Village departments or representative designated by the Board.

The Board shall hold a public hearing on the proposed subdivision. Notice of such public hearing shall be advertised in a newspaper of general circulation in the Village and a notice of hearing posted in at least three prominent places at least five days before such hearing.

The Board shall approve, modify and approve, or disapprove such subdivision within 60 days from and after the date of the final submission.

If the final submission is approved by the Board, an appropriate notation to that effect shall be made on the face of the final plat submitted to the Board. One copy shall be returned to the owner, and one copy shall be retained by the Board for its records.

(9)

The owner shall file the approved final plat with the County Clerk within 90 days after approval by the Board. If the final plat is not filed within this time, the approval shall expire, as provided in§ 7-728 of the Village Law.

(10)

The owner may obtain building permits and begin building construction only after filing of the final plat.

(11)

If the final submission is disapproved, resubmissions may be made within six months of the date of disapproval. A resubmission made after six months from the date of disapproval may be treated like a new submission and require a final review and fee.

Step 4: final inspection and as-built drawings.

Upon approval of the final submission and after construction of houses is substantially completed, the owner shall construct the street pavement wearing course in accordance with the final approval and the subdivision regulations at a time authorized by the Village. Minor changes from the development map and plan/profiles as required by conditions of the work site may be allowed in the actual construction.

Upon completion of construction, a final inspection shall be conducted by the Village. When construction has been approved, the final plat and plan/profiles shall be corrected by the owner to show all construction on an as-built. The performance bond may be reduced by the Village as construction progresses. It shall not be reduced to less than the amount determined for that construction which is still uncompleted, plus 10% of the amount determined for that construction which is completed and approved. It shall be kept in effect for one year after the final inspection. It shall then be released, provided that the owner has prepared as-built plans.

Exception. In the review of a subdivision which includes no new roads and includes no more than four new lots, any or all of the steps except final review may be waived by the Board. The Board may also waive all fees and any of the requirements of the final review which are not required for legality.

§ A173-4 Preapplication conference.

The preapplication conference may take place at any time acceptable to the Board.

The owner shall furnish three copies of a sketch plan of the proposed subdivision and all adjacent land owned by the owner or under option to the owner. The sketch shall include a street layout and drainage plan. The sketch shall be to a scale not less than 100 feet per inch.

The Board shall advise as to feasibility and any special considerations for the subdivision design. A field walk with the owner may be required.

§ A173-5 Preliminary submission.

The preliminary submission shall include the following, in triplicate:

The preliminary plat, to a scale not smaller than 50 feet to the inch, drawn accurately to scale, with approximate dimensions shown and including all the information required for a final plat except monuments and iron pipes and the certification of standards of accuracy. The plat shall be prepared by a NYS licensed professional engineer or land surveyor.

In addition, highways or other major public or private improvements planned for future construction on or near the proposed subdivision, including those shown on the Official Map, shall be shown.

All contiguous land owned or under option by the owner shall be shown, with a street and lot plan for its development.

Water elevations and subsurface information, including groundwater elevation, shall be noted where appropriate.

Zoning district(s) in which the parcel is located and the zoning district boundaries, if applicable.

The location of existing and proposed structures, including setback lines and distances to property lines and highway right-of-way boundaries, and indicate conformance with zoning district requirements.

A location map.

Total acreage of the underlying parcel and acreage of each subdivided parcel.

Preliminary stormwater drainage system plan. Drainage structures shall be shown on the preliminary layout, indicating the direction of flow, the approximate location and size of the proposed lines and culverts, as well as connections to existing lines or alternative means of disposal. Include the location and proposed size of detention basins and other stormwater pollution prevention measures as may be required by state regulations.

(9)

Preliminary locations of proposed on-site water supply and sanitary sewer disposal systems shall be included on the plat to meet the minimum specification of the State Department of Health.

(10)

Wetlands, watercourses, floodplains and floodways. The wetlands shall be field-delineated and shown together with any applicable wetland buffer.

(11)

Boundaries of any special districts such as water, sewer, fire and or school.

A plan/profile of each street, with a horizontal scale of 40 feet to the inch and a vertical scale of four feet to the inch, showing all the information required for the final submission of a plan/profile. In addition, profiles of present surface shall be shown on the center line and both right-of-way lines of all streets and on the center line of all easements.

All sheets shall be 24 inches by 36 inches, 11 inches by 17 inches or 8 1/2 inches by 11 inches in size. When more than one sheet is required, all shall be the same size, and an index sheet of the same size shall be provided showing the entire subdivision to an appropriate scale.

In addition to the required drawings, the following information shall be submitted as part of the preliminary submission:

A completed Village of Menands preliminary submission form.

A short-form SEQR document for minor subdivisions and a long-form SEQR document for major subdivisions.

A request for any zoning changes proposed for the area to be subdivided.

Conditions of dedication of areas proposed to be dedicated to public use.

Preliminary designs of bridges and culverts.

A draft engineer's report addressing proposed improvements to the water, sanitary or storm sewer system.

A preliminary drainage report.

A draft of any protective covenants whereby the owner proposes to regulate land use in the subdivision and otherwise protect the proposed development.

A fee shall be paid with the preliminary submission, which shall be determined by the following schedule:

Minor subdivision: $500.

Major subdivision: $1,000.

Waiver of subdivision: $250.

More-detailed information may be required by the Board as a part of the preliminary submission in special cases.

§ A173-6 Final submission.

This submission shall include the following:

The final subdivision plat, including three copies on Mylar or suitable material that is acceptable for filling with the Albany County Clerk's office and Office of Real Property plus five prints to a scale not smaller than 50 feet to the inch. The subdivision plat shall be certified by a NYS licensed professional land surveyor.

A short-form SEQR document for minor subdivisions and a long-form SEQR document for major subdivisions.

All existing and proposed property lines, building setback lines and easement and right-of-way lines with metes and bounds dimensions, azimuths or angle data, curve data and lot acreage.

All proposed monuments, iron pipes and benchmarks.

The names of owners of all adjacent property.

Street names.

All property reserved by the owner or dedicated to public use.

A house number for each lot.

(9)

A North arrow.

(10)

Standard title block.

(11)

A key map.

(12)

The proposed use of each lot.

(13)

Standards of accuracy meeting the Village of Menands requirements, certified by a land surveyor registered in the State of New York.

(14)

Contour line at a two-foot or smaller elevation interval to United States Geological Survey datum NAVD88.

(15)

Watercourses, marshes, rock outcrops and other important land features.

(16)

Right-of-way lines, street paving and street stationing.

(17)

Sanitary sewers, storm drains, gas lines and waterlines, with all appurtenances.

(18)

Street name signs. (A letter of intent to install signs in locations approved by the Village may be accepted as a substitute.)

Plan/profile of each street and utility easement, including one Mylar or other reproducible material acceptable to the Board, plus five prints, with a horizontal scale of 40 feet to the inch and a vertical scale of four feet to the inch, showing the following:

All pavement, storm drains, sanitary sewers, gas lines and waterlines, with appurtenances.

Pavement and utility stationing, including all horizontal and vertical control points and grades.

The signature and seal of a professional engineer registered in New York State.

A North arrow.

Standard title block.

Stormwater pollution prevention plan in accordance with the most current NYS DEC regulations.

Final engineer's report addressing proposed improvements to the water, sanitary or storm sewer system.

If curb cuts are proposed onto a NYS Department of Transportation or Albany County highway, provide a copy of the relevant permit application and correspondence regarding the proposed intersection improvements.

Traffic study, if required by the Board.

The final plat and plan/profiles shall show all facilities which the subdivision standards require.

All sheets shall be 36 inches by 48 inches, 24 inches by 36 inches, 17 inches by 22 inches or 8 1/2 inches by 11 inches or as required by Albany County for filing. When more than one layout sheet is required, all shall be the same size, and an index sheet of the same size shall be provided, showing the entire subdivision to an appropriate scale.

In addition to the required drawings, the following documents shall be submitted as part of the final submission:

A completed Village of Menands final submission form.

An offer of cession, in a form approved by the Board, of all land included in streets, walks, easements and recreation areas not specifically reserved by the owner. If required by the Board, there may be a payment in lieu of the offer of recreation areas. Approval of the plat does not constitute acceptance of the offer of cession.

A certificate of adequacy of the proposed water supply and sewerage service as required by the Public Health Law of New York State.

A statement by the appropriate Village representative certifying that certain improvements have been installed and approved or a performance bond sufficient to cover the full cost of constructing the required improvements.

A deed description and proof of ownership of the land to be subdivided.

Protective covenants in form for recording, including covenants governing the maintenance of unceded public spaces or reservations.

The final design of bridges and culverts.

Such other certificates, affidavits, endorsements or agreements as may be required by the Board in the enforcement of these regulations.

A fee shall be paid with the final submission, which shall be determined by the following schedule:

Minor subdivision: $1,500.

Major subdivision: $4,000.

More-detailed information may be required by the Village Board as a part of the final submission in special cases.

The time of submission of the subdivision plat shall be considered to be at least 10 days prior to the date of the regular monthly meeting of the Village Board for which the application for plat approval, complete and accompanied by the required fee and all data required by this chapter, has been filed with the Village Clerk.

Public hearing. A public hearing shall be held by the Village Board within 60 days from the time of submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the Village at least 10 days before such a hearing.

Action on subdivision plat. The Village Board shall, within 60 days from the date of the public hearing, approve, modify and approve, or disapprove the subdivision plat.

§ A173-7 Waiver of minor subdivision.

Where the Board finds that, because of unusual circumstances of shape, topography, size or other physical features of a proposed two-lot subdivision or because of the nature of the adjacent developments, extraordinary hardship may result from strict compliance with these regulations, it may waive certain requirements of these regulations so that substantial justice may be done and the public interest secured, provided that no such waiver shall be granted which will have the effect of nullifying the intent and purpose of the Official Map, the Zoning Law, these regulations or laws or ordinances of the Village. In granting changes and modifications, the Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so changed or modified.

§ A173-8 Inspection of construction and as-built drawings.

Various items of construction may be inspected and approved upon their completion, and the amount of the performance bond may be reduced, provided that it does not become less than the amount described in § A173-3E.

The final plat and plan/profile shall be a corrected as-built, and one copy on Mylar or other reproducible permanent material acceptable to the Village, plus one print, shall be furnished to the Village. Upon approval of as-built drawings, the Village shall release the performance bond, provided that one year has passed without any construction failure since the final inspection.

§ A173-9 General requirements for subdivision of land.

The owner shall observe the following general requirements and principles of land subdivision:

Streets.

The arrangement, character, extent, width and location of all streets shall conform to the Official Map, if any, and shall be considered in their relation to other existing and planned streets, to topographical conditions, to public convenience and safety and in their appropriate relation to the proposed uses of land to be served and/or abutted by such streets.

The arrangement of streets in a subdivision shall either:

(a)

Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

(b)

Conform to a plan for the neighborhood approved or adopted by the Village Board to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable or undesirable.

Local streets shall be so laid out that their use by through traffic will be discouraged.

Where a subdivision abuts or contains a railroad right-of-way or controlled access highway right-of-way, the Board may require a street approximately parallel to and on each side of such right-of- way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

Public access shall be provided to streets, water plants, sewage treatment plants or to other land dedicated or to be dedicated to public use.

Where a subdivision is traversed by a watercourse, there shall be a stormwater easement not less than 25 feet in width conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate to confine a design storm as specified in the subdivision storm drainage design standards.

Block and lots.

The lengths, widths and shapes of blocks and lots shall be determined with due regard to:

(a)

The provision of adequate building sites suitable to the special needs of the type of use contemplated.

(b)

Zoning requirements.

(c)

The need for convenient access, circulation, control and safety of vehicular and pedestrian traffic.

(d)

The limitations and opportunities of topography.

(e)

Block length, which generally shall not exceed 2,000 feet nor be less than 600 feet.

(f)

Intersections with arterial streets, which should be held to a minimum and preferably spaced at least 1,000 feet apart.

(g)

The need for pedestrian walks, not less than five feet in width property line to property line, which shall be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.

Land subject to flooding shall not be platted for residential occupancy nor for such other uses as may increase danger to life or property or aggravate the flood hazard.

The subdividing of the land shall be such as to provide that each lot abut a public street which provides satisfactory access via public streets to an existing public street or highway.

Side lot lines shall be substantially at right angles or radial to street right-of-way lines.

In case a tract is subdivided into parcels larger than normal building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further subdivision.

Public land.

Cession of usable land.

(a)

The owner shall offer to the Village usable land equal in size to 10% of the owner's subdivided tract. This land shall be used by the Village for parks, playgrounds or for other specific public recreational uses as deemed desirable by the Village.

(b)

However, if the Board should consider that 10% of the total area would not be useful for a public purpose or if the dedication of land within the subdivision would not conform to the Official Map, the Board will require a payment to the Village of a sum to be determined by the Board, which sum shall constitute a trust fund to be used by the Board exclusively for neighborhood park, playground or recreation purposes, including the acquisition of land.

(c)

The Board shall require that more than 10% of the subdivider's tract be offered to the Village if such is required to comply with the Official Map. In this case, the owner shall be reimbursed at fair market value, determined at the time of final submission with the Board, for land taken in excess of the 10% normally required.

Unique and scenic areas and those areas bordering streams, lakes or other watercourses may be given special consideration by the Board, should they be desirable for public open spaces. Where such sites and open spaces are not shown on the Official Map and where deemed essential by the Board upon consideration of the particular type of development proposed in the subdivision, and especially in large-scale planned developments, the Board may require the offering or reservation of areas in excess of the 10% minimum. Under such conditions, a monetary payment at fair market value determined at the· time the application for approval of the final subdivision plat is made to the Board shall be made to the owner to compensate his loss in excess of the 10% contribution.