In considering applications for subdivision of land, the Planning Board shall be guided by the design standards set forth hereinafter. These design standards shall be considered to be minimum requirements, and shall be waived by the Board only under circumstances set forth in Article V herein.
A.
Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger or detriment to the public health, safety or general welfare, or peril from fire, flood or other menace; and that proper provisions, protections, systems and/or plans shall be made for, but not limited to, those concerns mentioned in § 174-1 herein (Declaration of policy and legislative intent). No land having a slope equal to or greater than 40% shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of a swale. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater flow.
[Amended 3-27-2007 by L.L. No. 6-2007; 1-20-2009 by L.L. No.
1-2009]
B.
Conformity to Official Map and Comprehensive/Master
Plan. Subdivisions shall conform to the Official Map 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 Village Engineer.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
accommodate the prospective traffic and to afford access for fire-fighting,
snow removal, solid waste removal and road maintenance equipment.
B.
Arrangement. The arrangement of streets shall be such
as to cause no undue hardship to adjoining properties and shall be
coordinated so as to compose a convenient system and conform to the
Comprehensive/Master Plan. The arrangement of streets shall provide
for the continuation or projection of principal streets to adjoining
subdivisions and the accommodation, presently or when later required,
of needed utilities and public services such as sewers, water and
drainage facilities. Where, in the opinion of the Planning Board,
topographic or other conditions make such continuance undesirable
or impracticable, the above conditions may be modified.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along major arterial streets. When
a subdivision abuts or contains an existing or proposed major arterial
street, the Board may require marginal access streets, reverse frontage
with screen planting contained in a nonaccess reservation along the
rear property line, deep lots with rear service alleys or such other
treatment as may be necessary for adequate protection of residential
properties and to afford separation of through and local traffic.
E.
Provision for future resubdivision. Where a tract
is subdivided into lots substantially larger than the minimum size
required in the zoning district in which a subdivision is located,
the Board may require that streets and lots be laid out so as to permit
future resubdivision in accordance with the requirements in these
regulations.
F.
Dead-end streets. The creation of dead-end or cul-de-sac
residential streets will be encouraged wherever the Board finds that
such type of development will not interfere with normal traffic circulation
in the area. The Board may require the reservation of an easement
to provide for continuation of pedestrian traffic and utilities to
the next street.
G.
Block size. Blocks generally shall not be less than
400 feet nor more than 1,200 feet in length. In general, no block
width shall be less than twice the normal lot depth. In blocks exceeding
800 feet in length, the Planning Board may require the reservation
of an easement through the block to provide for the crossing of underground
utilities and pedestrian traffic where needed or desirable and may
further specify, at its discretion, that a four-foot-wide paved footpath
shall be included.
H.
Intersections with collector or major arterial roads.
Minor or secondary street openings into such roads shall, in general,
be at least 500 feet apart.
I.
Street jogs. Street jogs with center-line offsets
of less than 125 feet shall be avoided.
J.
Angle of intersection. In general, all streets shall
join each other so that for a distance of at least 100 feet the street
is approximately at right angles to the street it joins.
K.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property, and all streets shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the
streets. Grades of streets shall conform as closely as possible to
the original topography.
A.
Widths of rights-of-way. Streets shall have the following
widths:
|
Type of Street
|
Minimum
Right-of-Way
(feet)
|
Minimum
Pavement
(feet)
| |
|---|---|---|---|
|
Major
|
60
|
40
| |
|
Collector
|
50
|
30
| |
|
Local
|
50
|
24
|
B.
Improvements. Streets shall be graded and improved
with pavements, curbs and gutters, sidewalks, storm drainage facilities,
water mains, sewers, 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. Pedestrian easements shall be improved
as required by the Village Engineer. Such grading and improvements
shall be approved as to design and specifications by the Village Engineer.
C.
Utilities in streets. The Planning Board shall, wherever
possible, require that underground utilities be placed in the street
right-of-way between the paved roadway and street line to simplify
location and repair of lines when they require attention. 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.
D.
Utility easements. Where topography is such as to
make impractical the inclusion of utilities within the street rights-of-way,
perpetual unobstructed easements shall be otherwise provided with
satisfactory access to the street. 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.
E.
Grades. Grades of all streets shall conform in general
to the terrain and shall not be less than 1/2% nor more than 6% for
major or collector streets or 15% for minor streets in residential
zones but in no case more than 3% within 50 feet of any intersection.
F.
Changes in grade. All changes in grade shall be connected
by vertical curves of such length and radius that clear visibility
shall be provided for a safe distance.
G.
Curve radii at street intersections. All street right-of-way
lines at intersections shall be rounded by curves of at least a twenty-foot
radius and curbs shall be adjusted accordingly.
H.
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 shown shaded on
Sketch A 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.
 |
I.
Dead-end streets (culs-de-sac). Dead-end streets should,
in general, not exceed 500 feet in length and shall terminate in a
circular turnaround having a minimum right-of-way radius of 60 feet
and pavement radius of 50 feet.
J.
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 a design approved
by the Village Engineer. Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way as required by the Village Engineer.
K.
Curve radii. In general, street lines within a block,
deflecting from each other at any one point by more than 10°,
shall be connected with a curve, the radius of which for the center
line of street shall not be less than 400 feet on major streets, 200
feet on collector streets and 100 feet on minor streets.
L.
Service streets or loading space in commercial development.
Paved rear service streets of not less than 20 feet in width or, in
lieu thereof, adequate off-street loading space, suitably surfaced,
shall be provided in connection with lots designed for commercial
use.
M.
Free flow of vehicular traffic abutting commercial
developments. In front of areas zoned and designed for commercial
use, or where a change of zoning to a zone which permits commercial
use is contemplated, the street width shall be increased by such amount
on each side as may be deemed necessary by the Planning Board to assure
the free flow of through traffic without interference by parked or
parking vehicles and to provide adequate and safe parking space for
such commercial or business district.
A.
Type of names. All street names shown on a preliminary
plat shall be approved by the Planning Board. 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. Streets that join or are in
alignment with streets of an abutting or neighboring property shall
bear the same name. No street should change direction by more than
90° without a change in street name.
A.
Lots to be buildable. In addition to the definition of “buildable lot,” set forth in § 210-2B of the Piermont Code, which is incorporated herein by reference, as same may be amended from time to time, the lot arrangement shall be such that in constructing a building in compliance with the Zoning Law[1] there will be no foreseeable difficulties for reasons
of topography, terrain or other natural conditions or features. Lots
should not be of such depth as to encourage the later creation of
a second building lot at the front or rear. Lots must accommodate
off-street parking.
B.
Side lines. All side lines of lots shall be at right
angles to straight street lines and radial to curved street lines,
unless a variance from this rule will 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 setback from each
street and to provide a desirable building site.
D.
Driveway access. Driveway access and grades shall
conform to requirements established in each case by the Village Engineer.
Driveway grades between the street and the setback line shall not
exceed 10%, whenever possible.
E.
Access from private streets. Access from private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with these regulations.
F.
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, angle points,
points of curves in streets and other points as the Village Engineer
may require, and their location shall be shown on the subdivision
plat.
A.
Removal of spring, surface water and runoff. The subdivider
may be required by the Planning Board to carry away by pipe or open
ditch any spring 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
unobstructed easements of appropriate width. A culvert or other drainage
facility shall, in each case, be large enough to accommodate potential
runoff from its entire upstream drainage area, whether inside or outside
the subdivision. The Village Engineer shall approve the design and
size of such facility based on anticipated runoff from a fifteen-year
storm under conditions of total potential development permitted by
the Zoning Law[1] in the watershed.
B.
Responsibility for drainage downstream. The subdivider’s
engineer shall also study the effect of each subdivision on the existing
downstream drainage facilities outside the area of the subdivision;
this study shall be reviewed by the Village Engineer. Where it is
anticipated that the additional runoff incident to the development
of the subdivision will overload an existing downstream drainage facility
during a fifteen-year storm, the Planning Board shall notify the Village
Board of such potential condition. In such case, the Planning Board
shall not approve the subdivision until provision has been made for
the improvement of said condition.
C.
Land subject to flooding. Land identified as a floodplain
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. Such land within the plat shall be set aside for such uses
as shall not be endangered by periodic or occasional inundation or
improved in accordance with flood zone regulations and in compliance
with New York State Wetlands Regulations.
A.
Recreation areas shown on Village Plan. Where a proposed park, playground or open space shown on the Village 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. Dedication of such areas may be offered to the Village.
B.
Parks and playgrounds not shown on Village Plan. 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
developer satisfactorily improve any such recreation areas shown on
the plat. The Board may require that not more than 10% of the total
area of the subdivision shall be shown on the plat as recreation space.
Such area or areas may be dedicated to the Village by the subdivider,
if the Board of Trustees approves such dedication. Appropriate legal
measures shall be taken to assure that such land can never be developed
for other than recreational purposes.
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 to the Board, prior to final approval,
three prints, one on cloth, drawn in ink, at a scale of not less than
30 feet to the inch, showing such area and the following features
thereof:
(1)
The boundaries of the area, giving lengths and bearings
of all straight lines; radii and lengths of all curves, central angles
and tangent distances of all curves.
(2)
Existing features such as brooks, ponds, clusters
of trees, rock outcrops and structures.
(3)
Existing and, if applicable, proposed changes in grade
and contours of said area and of the area immediately adjacent.
(4)
Proposed improvements.
D.
Waiver of plat designation of area for parks and playgrounds. 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 condition to approval of the plat, a payment to the Village of $9,000 per lot, or $1,000 per residential unit to be constructed on any lot in a subdivision, whichever is greater in lieu of a donation of land which would otherwise have been required. For purposes of this section the term " residential unit" shall include dwelling units, as defined in this chapter, and individual residential units in assisted care facilities, dormitories and similar residential buildings. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in Subsection B of this section. Such amount shall be paid to the Board of Trustees 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 Board of Trustees in a special Village Recreation Site Acquisition and Improvement Fund to be used solely for the acquisition or improvement of land that is suitable for permanent park, playground or other recreational purposes and is so located that it will serve primarily the general neighborhood in which the land covered by the plat lies. 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 improvements.
[Amended 10-23-2018 by L.L. No. 6-2018; 6-2-2020 by L.L. No. 4-2020]
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, waterfront
areas, historic spots, viewscapes and vistas and similar irreplaceable
assets. 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.
A.
Preservation of natural features. While removal of
vegetation for necessary structures and yard space is allowed, the
development will preserve natural topography and retain natural vegetation
and trees to the maximum extent practicable in order to create the
least erosion potential and handle adequately the volume and rate
of surface water runoff.
B.
Natural drainage patterns. Natural drainage patterns
shall be protected and incorporated into site design. Where natural
drainage patterns are demonstrated to be adversely affecting a natural
protective feature, drainage patterns may be altered in a manner which
reduces the threat to the natural protective feature and does not
create other flooding or erosion problems.
C.
Diversion of stormwater. In no case shall stormwater
or runoff be diverted to another property.
D.
Natural features for stormwater recharge. Natural
land features, such as shallow depressions, shall be used, whenever
possible, to collect stormwater or runoff on-site for recharge. Under
no circumstances, however, shall such a feature be used if subsurface
conditions cause a stagnant pool to develop.
E.
Minimize paving. Site designs shall minimize impermeable
paving.
F.
Stormwater discharge to surface waters. Stormwater
runoff shall not be directly discharged to surface waters, marshes
and wetlands. Stormwater pollutants shall be attenuated by using holding
ponds, sedimentation basins, perimeter berming, vegetated buffer areas
and other measures that reduce flow velocity and increase storage
time. In addition, any filtering devices constructed as part of the
drainage system must be adequately maintained in order to function
properly.
G.
Retaining wetland vegetation. All wetland vegetation
shall be retained. Development should not disturb tidal wetlands either
by direct removal of vegetation or substrate or by the alteration
of adjacent slopes that would undermine the stability of the substrate.
H.
Subsurface sediments. Subsurface sediments shall be
maintained to provide structural support for the soils of the wetlands.
I.
Elevation of wetlands. The elevation of wetlands shall
not be altered.
J.
Discharge of pollutants. Pollutants shall not be discharged
into wetlands or other lands or waters but shall be handled in accordance
with all applicable laws and regulations.
K.
Construction near wetlands. Construction should not
be located within 100 feet of the upland boundary of a tidal wetland.
This includes the introduction of impervious surfaces, roads, utility
equipment and other infrastructure. An exception is made for a private
dock, provided that no other opportunity for water access exists on
the lot except through wetlands.
L.
Fill not to encroach on watercourses. Fill shall not
encroach on natural watercourses, constructed channels, wetlands or
floodway areas. All fill shall be compacted at a final angle of repose
which provides stability for the material, minimizes erosion and prevents
settlement.
M.
Natural vegetative buffer. To the extent practicable,
a natural vegetative buffer of 100 feet shall be maintained adjacent
to surface waters and wetlands to absorb floodwaters and trap sediment.
N.
Trails and walking paths. Trails and walking paths
along water bodies shall be sited and constructed so that they are
not a source of sediment.
O.
Amount and velocity of runoff. The amount and velocity
of stormwater or surface water runoff from a site after development
shall approximate its predevelopment characteristics. However, if
the site is adjacent to coastal waters, stormwater runoff shall be
contained on-site, to the maximum extent practicable, to prevent direct
discharge of runoff to coastal waters.
P.
Alteration of stormwater channels. Stream channels,
natural floodplains and major drainage swales shall not be altered
or disturbed in a manner which decreases their ability to accommodate
and channel stormwater runoff and floodwaters. If no practicable alternative
to the location of driveways, pathways and similar surfaces within
these areas exists, such facilities shall be sited and constructed
to minimize and mitigate the amount or velocity of stormwater entering
the swale.
Q.
Slopes greater than 40%. No land having a slope equal
to or greater than 40% shall be developed or disturbed except for
conservation measures or measures intended to remove debris which
inhibits the functioning of a swale. Natural vegetation and topography
shall be retained to stabilize soils and reduce the volume of stormwater
flow.
[Amended 1-20-2009 by L.L. No. 1-2009]
R.
Highly erodible soils. On lands having slopes of less
than 25% but composed of highly erodible soils, development proposals
shall include consideration of the load-bearing capacity of the soils.
Unless it can be demonstrated that the soils can be stabilized with
a minimum of on-site disturbance and no adverse impact to the stability
of neighboring properties, the development proposal shall not be approved
as submitted.
S.
Time limits for installation. All permanent (final)
vegetation and structural erosion-control measures called for in approved
plans shall be installed within the time limits specified by the Planning
Board.
[Amended 1-20-2009 by L.L. No. 1-2009]
No land having a slope equal to or greater than
40% shall be developed or disturbed except for conservation measures
or measures intended to remove debris which inhibits the functioning
of a swale. Natural vegetation and topography shall be retained to
stabilize soils and reduce the volume of stormwater flow.
