[Adopted 1-31-2005 by L.L. No. 1-2005[1]]
A.
Pursuant to resolutions of the Board of Trustees of
the Village of Croton-on-Hudson and pursuant to the provisions of
the Village Law, it is required that all plans showing new streets
or highways and all plans of subdividing of land must be approved
by the Planning Board of the Village of Croton-on-Hudson.
B.
The following regulations concerning such plans are
hereby adopted by the Planning Board of such Village.
C.
The Village Board of Trustees shall be empowered,
in its discretion, to waive any and all requirements, conditions and
payments prescribed in this chapter in the case of an action that
is a subdivision solely because it affects more than two lots but
does not increase the number of preexisting buildable lots nor create
a new lot that is not buildable without a variance or special permit.
For the purposes of the regulations governing
applications for and approval of plans for subdivisions, the following
definitions shall apply:
Subject to Subsection B below, any act which creates a lot line where none existed before or which removes a lot line where one existed before or a lease of 10 years or more covering only a portion of a lot where the property is substantially unimproved and is being leased for development.
Notwithstanding Subsection A above, no act shall be deemed to constitute a subdivision if it meets the following three conditions:
A map showing ground elevations by contour lines and the
location of important natural and other objects.
A.
Sites required. In subdividing property, provisions
should be made for the laying out of suitable sites for parks and
playgrounds. Where possible, 10% of the total area of the subdivision
should be allotted for this purpose, except where such 10% amounts
to less than 1/4 acre, and no recreation plot shall be less than 1/4
acre in size.
B.
Money in lieu of recreation land. Whenever the Planning
Board of the Village, in approving a plat showing lots, blocks or
sites, with or without streets or highways, determines that a suitable
park or parks of adequate size cannot be properly located in any such
plat or is otherwise not practical, there shall be paid to the Village
a sum of money to be used for neighborhood park, playground or recreation
purposes, including the acquisition of land for such purposes, to
be computed in accordance with the following formula and subject to
the following conditions:
(1)
For every subdivision in an RA or RB district, a fee
set by resolution of the Board of Trustees shall be paid to the Department
of Engineering.
(2)
No sum of money shall be payable in lieu of park,
playground or recreation land in relation to any lot which, on September
15, 1986, is already improved with a residential dwelling.
(3)
Payment of a sum of money in lieu of land for park,
playground or recreation purposes shall be made to the Village by
the applicant for plat approval by the Planning Board or proprietor
or developer of the lot or lots, at his option, either at the time
of plat approval by the Planning Board or at the time of the issuance
of a building permit by the Village Engineer and in conformity with
whatever formula may be in force pursuant to a resolution of the Board
of Trustees of the Village at the time of payment of the sum of money
in lieu of land for park, playground or recreation land.
(4)
The formula and conditions set forth above shall be
applicable only to plats in RA and RB Zoning Districts. In regard
to plats in other zoning districts as to which the Planning Board
of the Village has, on approval, determined that a suitable park or
parks of adequate size cannot be properly located in such plats or
is otherwise not practical, a sum of money in lieu of park, playground
or recreation land shall be paid to the Village in an amount to be
determined by the Board of Trustees in each case on the basis of the
facts and circumstances of that case and after consideration of such
recommendations as the Planning Board may have made.
(5)
All funds paid in lieu of recreation land shall constitute
a trust fund to be used by the Village of Croton-on-Hudson exclusively
for park, playground or recreation purposes, including the acquisition
of land.
In general, no plat of subdivision will be approved
which reserves strips of land which, in the opinion of the Planning
Board, will subsequently prove a detriment to the proper growth and
development of the Village.
Adequate easements for public utilities must
be provided along side and rear lot lines when appropriate.
A.
Conformance to Official Map. New subdivisions, insofar
as possible, shall conform to the Board's established Official Map.
B.
Relation to adjoining street system. The arrangement
of streets in a new subdivision shall, in general, provide for the
continuation of the principal existing streets in the adjoining allotment
or their proper projection when adjoining property is not subdivided.
In general, such streets shall be at least 50 feet wide. Greater width
may be required for certain streets which are expected to be used
as principal streets. In addition, 10 feet must be added on each side
of any street designed or zoned for business. Names of streets must
be indicated and must be approved by the Board of Trustees.
C.
Streets deflecting within the block. In general, street
lines within any block deflecting from each other at only one point
more than 10 degrees shall be connected with a curve, the radius of
which for the inner street line shall not be less than 350 feet. The
outer street line shall be parallel to such inner street line. Reverse
curves must be connected by tangents wherever possible. Visibility
on curved streets must be maintained for a distance of 300 feet at
the center line of the street by suitable setback restrictions.
D.
Corner curves. Street-line corner curves shall be
provided which have a minimum radius of 20 feet.
E.
Dead-end streets. Except where future continuation
is impossible, dead-end streets shall not be approved unless a turnaround
roadway with a minimum radius for the outside curb of 30 feet is provided
at the closed end. Such dead-end streets shall not be longer than
500 feet.
F.
Grades. Streets shall be so arranged that grades shall
not exceed 10%. The minimum grades shall not be less than 1%. A variation
from these requirements may be made to meet the existing conditions
of exceptional topography, if approved by the Planning Board.
G.
Block lengths. Intersecting streets shall be laid
out at such intervals that block lengths between street lines are
not more than 700 feet, except where existing conditions justify a
variation from this requirement, in which case an adequate pedestrian
easement shall be provided near the center of the block.
H.
Block widths. The widths of blocks shall generally
be not less than 180 feet nor more than 400 feet.
I.
Tree planting. Shade trees shall be planted on each
side of each street, between the sidewalk and the property line, at
maximum intervals of 50 feet, the species and location of which are
to be approved by the Planning Board. The maximum possible number
of existing trees should be preserved.[1]
J.
Approval of street layouts. The layout of streets,
roads and/or other ways and/or the design, arrangement, etc., of any
and all features pertaining thereto, including the planting of trees,
shrubs, bushes and/or other vegetation and/or the placing of any other
objects, decorative or otherwise, in sidewalk and lawn spaces or elsewhere
in connection with said streets shall be subject to the approval of
the Planning Board.
All measurements of lots affected by corner
curves shall be to the intersection of streets or property lines extended
and shall be so designated on any plans showing them.
In general, no allotment or subdivision shall
be approved unless it is provided with proper water and sanitary and
drainage facilities or unless arrangements satisfactory to the Planning
Board for their installation shall be made.
No changes in a subdivision or in the plan of
a subdivision already approved shall be made without the approval
of the Planning Board.
A.
A survey for any purpose in connection with a subdivision
and/or in connection with a plan for a subdivision, either or both
of which come under the jurisdiction of the Planning Board, shall:
(1)
Be accompanied by a certificate from a licensed engineer
or surveyor making such plans to the effect that the plan is correct
and made from an actual balanced and closed survey.
(2)
Refer elevation, etc., to a standard datum, and said
reference shall be clearly stated on any plan or drawing showing such
datum.
(3)
Include, when necessary or required by the Planning
Board, an accurate tie-line survey between an easily accessible and
identifiable monument or prominent fixed object included in said survey
and some recorded monument or other landmark or fixed point close
by.
B.
A survey to determine the extension into a new subdivision
of an established street, road and/or other way shall:
(1)
Be run from a monument or other landmark already located
in connection with said established street, road and/or way and said
monument or other landmark must have been recorded in the office of
the County Registrar.
(2)
Include, when necessary or required by the Planning
Board and/or if the extension of said street is not continuous with
an established portion thereto, an accurate tie-line survey from a
monument or other landmark already located in connection with said
established street, road and/or other way and recorded in the office
of the County Registrar of Deeds.
A.
All dimensions, bearings, angles, etc., of property
lines given on the plan:
(1)
Shall be determined on the ground by actual survey
only, said survey to be transversed, balanced and closed, and any
plan or plans showing said lines as otherwise determined (i.e., taken
from other drawings, deeds, records, etc., and not having been actually
determined by survey made on the ground) will not be considered as
accurate and authentic and will not be acceptable to the Planning
Board.
(2)
Must be referred to at least two permanent monuments
not less than 600 feet apart, which shall be indicated on the map.
B.
In a plan or drawing of a survey for any purpose coming
under the jurisdiction of the Planning Board, the length of all straight
lines, deflecting angles, radii, arcs and central angles of all curves
shall be given along the proper line of each street. All dimensions
along the lines of each lot, with angles of intersection which they
make with each other, shall also be given in feet and decimals of
a foot. Bearings shall be used instead of angles. Where a street is
not continued straight across an intersecting street into the next
block, the connection across such streets shall be given by the proper
measurements.
A.
Monuments shall be of stone not less than six inches
by six inches by 36 inches or of noncorrosive pipe not less than four
inches inside diameter and not less than 36 inches long, filled with
concrete and having a copper center.
B.
Monuments shall be placed perpendicularly in the ground,
with the upper end flush with or slightly below the surface, at such
block corners, angle points, points of curve in streets and intermediate
points as shall be required by the Planning Board.
C.
The Planning Board may request the proper referencing
of any monument or monuments, marker or markers, stake or stakes,
etc.
D.
A bond shall be posted covering the installation of
such monuments.
A.
Application by an owner or his authorized representative
for approval of plans, plots and descriptions showing the layout of
proposed highways and streets on private property or of proposed building
lots in connection with and in relation to such proposed highways
or streets or to existing streets shall be made, in writing, to the
Planning Board. Such application shall be accompanied by two copies
of a preliminary sketch plan which first shall be approved by such
Board before submission of a final plan.
B.
Such preliminary plan shall be drawn at a scale of
at least 50 feet to the inch, shall extend 300 feet around the plot,
and shall show:
(1)
The location of property lines (with their dimensions
and angles), buildings and structures, existing and proposed surveyor's
monuments, watercourses, railroads and other existing features.
(2)
The location, width and names of existing and proposed
streets, alleys, easements, lots, blocks and their dimensions, building
lines and similar facts regarding the property in question and that
immediately adjacent.
(3)
The title under which the proposed subdivision is
to be recorded, with the name of the owner and engineer or surveyor
(with the state license number of the engineer or surveyor).
(4)
The property boundary lines of the adjacent and/or
neighboring tracts, whether laid out as subdivisions or not, with
the names of such tracts and/or subdivisions or the names of the owners
thereof.
(5)
The location of any existing sewers and water mains,
culverts, drain pipes and gas and electric lines on the property to
be subdivided.
(6)
A contour map showing contours at intervals of not
more than five feet.
(7)
The use, height and area restrictions of the district or districts in which the land to be subdivided falls, according to Chapter 230, Zoning.
(8)
All parcels of land proposed to be dedicated to the
public use, if any.
(9)
The total area in acres and net area of lots, streets
and parks.
(10)
A cross section of the proposed grading for
roadways and sidewalks under special or unusual topographic conditions.
(11)
Date, magnetic North or true North point and
graphic scale, with datum dimensions in feet and hundredths of a foot.
If magnetic North point is given, the deviation and date must be given.
C.
A key map showing the relation of the subdivision
to the surrounding territory must be filed at a scale of 400 feet
to the inch or less, with map numbers as recorded in the office of
County Registrar.
D.
The subdivider shall coincidentally when submitting
the preliminary plan also furnish a statement signed by him to the
Board, reciting:
(1)
The nature and extent of the street improvements which
he proposes to install.
(2)
The names and/or designation, nature and extent of
any recreational features, parks or playgrounds to be provided, if
any, and whether or not and under what conditions they are to be dedicated
to the Village.
(3)
That he is able and willing and will proceed forthwith
to file a map of record of his subdivision or such part thereof as
he may wish to put on the market and will install all monuments in
such sections shown on such map of record, in such manner and at such
times as the Planning Board may designate.
E.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any preliminary subdivision plat approval that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 196, Article I.
[Added 7-16-2007 by L.L. No. 3-2007]
F.
The tentative approval of the preliminary plans by
the Planning Board shall not constitute an acceptance of the plan
of the subdivision but shall be merely a general approval of the layout
submitted.
A.
After the approval of the preliminary plan, the owner
of the property or his authorized representative shall prepare a final
record or subdivision plan not later than two months after such approval.
This plan shall contain complete data regarding the facts required
in the following subsections:
(1)
All final plans shall be drawn upon tracing cloth
in sheets 32 inches wide by 40 inches long and to a graphic scale
of 50 feet to an inch. Exceptions are to be made only with permission
of the Planning Board; provided, however, that when more than one
sheet is required, an index sheet of the same size shall be filed
showing the entire subdivision on one sheet with block numbers (lot
numbers on separate sheet).
(2)
It shall comply with any and all provisions for these regulations affecting plans of subdivisions and/or the submission of them to the Planning Board and, in particular, with the provisions of this article relating to preliminary plans, § 230-133.
(3)
Any other private restrictions to be embodied in the
deeds of sale should accompany the final plan.
(4)
It shall include a profile for each proposed street,
alley and/or other way, showing grades approved by the Planning Board.
(5)
It shall include the following certificate, which
shall be inscribed with waterproof black India ink and shall be properly
signed:
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"I __________________________ a licensed (engineer
or land surveyor) of the State of New York, do hereby certify that
this plan correctly represents the lots, land, streets, alleys and
highways as surveyed and plotted by me for the owner or agent.
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Date
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Signature ”
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(Seal)
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(6)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any final subdivision plat approval that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved final subdivision plat shall be consistent with the provisions of Chapter 196, Article I.
[Added 7-16-2007 by L.L. No. 3-2007]
A.
The following shall be submitted to the Planning Board
when a subdivision plan is presented for consideration:
B.
A preliminary plan shall be accompanied by an affidavit
made out by the then-owner of the plot and attested by a notary, setting
forth:
(1)
The full title of the then-ownership as recorded in
the office of the County Registrar.
(2)
The date the plot was acquired and thus recorded under
said ownership.
(3)
The title of at least the immediately preceding ownership,
if acquired by the then-owner within one year of the date of submitting
the preliminary plan to the Planning Board.
C.
A preliminary plan shall be accompanied by a check
made payable to the Village Treasurer adequate to defray the cost
of advertising for any public hearings which may be required.
A.
The following shall be submitted to the Planning Board
when a final plan is prepared:
B.
The final plan shall be deemed approved by the Planning
Board only when the original of the final plan shall be signed in
waterproof black India ink by the members of the Planning Board.
D.
The final plan shall be recorded within six months
after date of final approval by the Planning Board; otherwise such
approval shall be deemed to be revoked.
Unless the developer shall have shown substantial
evidence of progress in the carrying out of the approved plans within
three years from date of approval, such approval may, at the option
of the Planning Board, be revoked without notice to the developer.
