Village of Florida, NY General Requirements and Design Standards

The length, width and shape of blocks or acreage within bounding roads shall be determined with due regard to:

Provision of adequate building sites suitable to the special needs of the type of use contemplated. Blocks in industrial and business districts shall provide for access for parking and truck delivery.

Zoning requirements as to lot sizes and dimensions.

(c)

Need for convenient access, circulation and control and safety of street traffic.

(d)

Limitations and opportunities of topography.

Blocks generally shall not be less than 400 feet nor exceed 12 times the required minimum lot width. 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 a twenty-foot-wide 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 be included. Each normal block shall be planned to provide two rows lots, but irregular-shaped blocks, oversize blocks or "superblocks" indented by culs-de-sac, parking courts or loop streets and containing interior block parks or playgrounds will be acceptable when properly designed, as determined by the Planning Board. Such blocks shall include adequate off-street parking, facilities for pedestrian access from streets to all lots, proper easements for utility lines and satisfactory provisions for maintenance of park and open space, where included.

Intersections with collector or major arterial roads. Intersections of minor streets with arterial or collector streets shall be held to a minimum to avoid hazard and delay. Such intersections shall be at least 800 feet apart, if possible. Cross-street (four-cornered) intersections shall be avoided insofar as possible, except as shown on the Master Plan or at other important traffic intersections. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets. Grades shall be limited to no more than 2% within 50 feet of an intersection.

Street jogs. The center line of a street shall cross an intersecting street as a straight line. Street jogs with center-line offsets of less than 125 feet shall be avoided.

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, and in no case shall two streets intersect at an angle smaller than 60°. To this end an oblique street should be curved approaching the intersection. Where three or more streets intersect, a traffic circle or other special treatment may be required by the Board. At block corners, the traveled way shall be rounded with a curve having a radius of not less than 15 feet.

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.

Other required streets. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning 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.

§ 103-16 Street design. [1]

Widths of rights-of-way.

Streets shall have the following widths (when not indicated on the Master Plan or Official Map, if such exists, the classification of streets shall be determined by the Planning Board):

Type of Street	Minimum Right-of-Way (feet)	Minimum Pavement (feet)
Arterial or major streets	84	64
Collector streets	60	40
Local streets (minor or marginal)	50	30

The right-of-way width for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to accommodate safely the maximum anticipated traffic, parking and loading needs.

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. Curbs, gutters, sidewalks, street pavements, fire hydrants, streetlights, shade trees, monuments, water mains, storm sewers, sanitary sewers and other improvements that may be required shall be designed and constructed to conform to the specifications as established by resolution or ordinance of the Village Board. Pedestrian easements shall be improved as required by the Village Engineer. All rights-of-way shall be provided with paved, seeded or sodded areas, properly prepared, graded and sloped in conformance with good nursery practice. Where sidewalks and walkways are included with street rights-of-way, suitable trees or shrubs may be required to be planted within the required planting strips. Such grading and improvements shall be approved as to design and specifications by the Municipal Engineer.

Fire hydrants. Installation of fire hydrants shall be in conformity with all requirements of standard thread and nut as specified by the New York Fire Insurance Rating Organization and the Division of Fire Safety of the State of New York.

Fire alarm system. The installation of fire alarm signal devices, including necessary ducts and cables or other connecting facilities, shall be required or waived pursuant to this section only with the approval of the Town Board if the Village is included in a central fire alarm system established pursuant to Subdivision 11-C of § 64 of the Town Law, or of the Board of Supervisors or legislative body of the county if the Village is included in a central fire alarm system established pursuant to Paragraph (h) of Subdivision 1 of § 225 of the County Law, or of the Board of Fire Commissioners of the Village in any other case unless the installation is to be made in a fire district within the Village, in which event only the approval of the Board of Fire Commissioners of such fire district shall be necessary. The Planning Board may, with the approval of the appropriate Board, completely waive any or all requirements in connection with the installation of fire alarm signal devices, including necessary connecting facilities. When required, such installation shall be made in accordance with standards, specifications and procedure acceptable to the Board.

Streetlighting facilities. Where required by the Planning Board, streetlighting standards in conformance with the lighting system of the municipality, of a design approved by the Village Engineer, shall be installed by the subdivider in an manner and location approved by the Municipal Engineer, the appropriate power company and the Highway Superintendent. In the case of a subdivision involving a county or state highway, approval shall be obtained from the County Superintendent of Highways. Where a new lighting district is to be created or an existing district expanded, the applicant shall petition the Municipal Legislature to create said district or expansion before final approval.

Street signs. Street signs of a type approved by the Superintendent shall be provided by the developer and placed at all intersections in a location within the right-of-way approved by the Superintendent.

Street trees. It is required that shade trees be preserved and/or furnished and planted, at the expense of the owner of the subdivision, along both sides of the road within his subdivision, such trees to be guaranteed to survive one growing season. These shade trees shall be planted at intervals of no more than 40 feet and also outside the street. All tree varieties, placement, condition and quality are subject to the approval of the Municipal Planning Board prior to and after planting. Trees shall be hardy, suitable to local soil and climate. All trees must meet the standards of the American Standard for Nursery Stock. Poplars, box elders, catalpas, horse chestnuts, willows and elms shall not be planted. New trees shall measure at least 1 1/2 inches in diameter as measured at a point four feet above finished grade level.

Utilities in streets. The Planning Board may require the underground installation of all utility systems if it is deemed aesthetically desirable and if such installation is determined to be economically feasible and not prohibitive in terms of cost to the developer. 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 or in perpetually unobstructed easements of a width adequate for servicing. The subdivider or utility company shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved. Underground utilities shall otherwise be provided according to the standards of the utility companies for such construction.

Utility easements. Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights-of-way, perpetual unobstructed easements at least 20 feet in width for such utilities or drainage facilities shall be provided, centered on rear or side lot lines or across property outside the road lines and with satisfactory access to the road. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required. Easements shall be indicated on the plat. In large-scale developments, easements along rear property lines or elsewhere for utility installations may be required by the Planning Board. Such easements shall be of the width and location determined by the Board after consultation with the public utility companies concerned.

Assurance by utilities. As to utilities required by the Planning Board, the Planning Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be given in a letter addressed to the Board and stating that such public utility company will make the installations necessary for the furnishing of its services within the time therein specified and satisfactory to the Board.

Grades. Grades of all streets shall be the reasonable minimum, but shall be not less than 1.0% nor more than 5% for arterial or major streets, nor more than 8% for secondary or collector streets, nor more than 10% for minor streets, but in no case more than 2% within 50 feet of any intersection, except that the Planning Board may approve a grade of up to 14% for minor streets where topographic conditions make a lesser grade impracticable. Line and grade shall always give a minimum sight distance of:

One thousand feet for arterial and major streets.

Five hundred feet for collector streets.

Three hundred feet for minor streets.

Change in grade. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Village Engineer so that clear visibility shall be provided for a safe distance as well as a smooth transition.

Curve radii at street intersections. All street right-of-way lines at intersections shall be rounded by curves of at least 15 feet radius and curbs shall be adjusted accordingly.

Street grades and curves: visibility at 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 three feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility.

Dead-end streets (culs-de-sac). Permanent dead-end or cul-de-sac streets shall not in general exceed six times the required minimum lot width and shall be equipped with a turnaround roadway with a minimum diameter of right-of-way of 140 feet and a minimum outside diameter of traveled way of 120 feet unless the Planning Board approves an equally safe and convenient form of turning space. The Board may approve a longer permanent dead-end street where topographic conditions and landownership patterns so require. Temporary dead-end streets shall not in general exceed 12 times the required minimum lot width and shall be equipped with a turnaround which conforms to the standards for permanent dead-end streets; a temporary turnaround shall be provided with a notation on the plat that land outside the normal street right-of-way shall revert to abutting property owners whenever the street is continued.

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 Municipal Engineer.

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, 250 feet on collector streets and 100 feet on minor streets. The outer street in each case shall be parallel to such inner street line. A tangent of at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

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.

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.

Undersized existing streets. Where a subdivision borders or includes existing narrow roads that do not conform to street widths as shown on the Master Plan or Official Map or that do not conform to the street width requirements of this chapter, or when the Master Plan indicates plans for realignment or widening of a road that would require use of some of the land in the subdivision, the subdivider shall be required to show areas for widening or realigning such roads on the plat, marked "Reserved for Road Realignment (or Widening) Purposes," along either one or both sides of such streets of substandard width. If the subdivision is along one side only, 1/2 of the required width shall be dedicated. It shall be mandatory to indicate such reservation on the plat when a proposed widening or realignment is shown on the Municipal or County Official Maps. Land reserved for such purposes may not be counted in satisfying yard or area requirements of the Zoning Law, and said reservations may be required to be dedicated to the municipality.

Walkways and sidewalks. Subdivision designs shall indicate consideration for suitable protection of different types of land uses and the segregation of vehicular and pedestrian traffic where desirable. The pedestrian walk network, whether independent or combined with the vehicular road network, shall conveniently link dwellings to all possible generators of pedestrian traffic both within and without the subdivision, including but not necessarily limited to parking areas, recreation areas, schools, stores, bus stops and other walks. Such walks shall be so designed and constructed as to encourage their use by their proximity to generators of traffic, convenient arrangements, evenness and durability of surface, pleasant appearance and exposure to scenic areas and views. Where sidewalks cross driveways, they shall be reinforced and of the same material and elevation as that on both sides of such driveways.

Monuments. Monuments shall be concrete, sunk 18 inches deep. These monuments shall be 30 inches in length, five inches square at the top and six inches square at the bottom. Monuments and a map certified by a licensed surveyor showing at least three survey ties to each monument shall be furnished to the municipality.

Roads. The requirements contained in Minimum Standards for Proposed Roads To Be Taken Over by the Village, approved by the Village Board and by the Superintendent of Highways of the Village and as hereafter may be amended, shall apply, and all road construction or design shall conform thereto, said minimum standards being attached hereto and made a part hereof.

Editor's Note: A diagram entitled "Typical Street Cross Sections," formerly included with this section, is on file in the office of the Village Clerk, where it is available for examination by the public.

§ 103-17 Street names.

Type of name. All street names shown on a preliminary plat or subdivision plat shall be approved by the Planning Board. In general, streets shall have names and not numbers or letters.

Names to be substantially different. Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names, except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Generally, no street should change direction by more than 90° without a change in the street name.

§ 103-18 Lot design.

Lots to be buildable. The lot arrangements shall be such that in constructing a building in compliance with the Zoning Law there will be no foreseeable difficulties for reasons of topography or other natural conditions. A lot intended for use for single-family residential purposes must contain a buildable portion for a dwelling and septic system of not less than 5,000 square feet of land with a minimum dimension of 25 feet, meeting all zoning district requirements relative to setbacks, etc., plus meeting the following criteria:

Average slope of less than 15%.

A rating of the soil with respect to permeability of "slight" or "moderate," unless served by public sewerage.

A rating of the soil with respect to depth to seasonal or prolonged high-water table of "slight" or "moderate," unless served by public sewerage (as rated by the soil scientists assigned to the Orange County Soil and Water Conservation District. See Article IV, § 103-21, for soil groups).

A rating of the site with respect to flood hazard (stream overflow) of "slight" (as rated by the soil scientists assigned to the Orange County Soil and Water Conservation District See Article IV, § 103-21, for soil groups).

Any alternates of existing conditions to overcome severe or moderate soil limitations must be approved by the Town Engineer and the Soil Conservation Service.

Side lines of lots. All side lines of lots shall be substantially at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan.

Corner lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site.

Driveway access. Driveway access and grades shall conform to specifications of the Village Driveway Ordinance, if one exists. Driveway grades between the street pavement and the building setback line shall not exceed 10%.

Access from public streets.

The subdividing of land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.

Double-frontage and reverse-frontage lots shall be avoided. Reverse-frontage lots which have their rear yard abutting a collector or major street shall be provided with effective shrubs or screening along the full width of the rear property line to screen the rear yard from adjacent traffic.

Lots of less than 200 feet frontage apiece fronting on a county or state road must be so designed as to share a double-width common curb cut with an adjacent lot if either adjacent lot has not been granted a curb cut permit. When more than eight lots are proposed to be subdivided from a parcel with frontage on a county or state road or there is the possibility of creating nine or more lots equal in size to the average area of the lots proposed for subdivision, frontage for all must be on internal streets, not on the county or state highway. Each lot permitted to front on a county or state road must provide for an on-site turnaround so as to obviate the necessity of any vehicles backing onto such roadway.

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.

[Amended 2-10-1987 by L.L. No. 1-1987]

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 Municipal Engineer may require, and their location shall be shown on the subdivision plat.

Dedication of land for widening of existing streets. Where extra width has been dedicated or set aside for widening of existing streets, lots shall begin at such extra-width line and all setbacks shall be measured from such line.

Minimum lot size. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear, and excessive depth in relation to the width shall be avoided. A proportion of 2 1/2:1 will normally be considered maximum.

Land reserved for future development. Land reserved from the subdivision for future development shall be of a useful dimension for permissible forms of development.

Topsoil. If any topsoil is removed from its natural position in the process of grading the subdivision site, such topsoil shall be replaced to a depth approximately equivalent to that existing prior to such grading, except in streets, driveways and foundation areas.

Additional standards. Where the property to be subdivided is next to or includes a railroad right-of-way, suitable provisions shall be made for such things as road crossings, screening and freight access as recognition of the relationship between the railroad and the subdivision.

§ 103-19 Drainage improvements.

Removal of spring and surface water. All subdivisions shall be related to the drainage pattern affecting the areas involved, with proper provision to be made for adequate storm drainage facilities. The subdivision 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 of adequate size to accommodate the potential runoff from the entire upstream drainage area, whether inside or outside the subdivision area. The design and size of this facility shall be subject to the approval of the Village Engineer.

Drainage structure to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, not only the anticipated discharge from the property being subdivided but also the anticipated runoff that will occur when property at a higher elevation in the drainage basin is developed. The Municipal Engineer shall approve the design and size of facility based on anticipated runoff from the following storm frequencies under conditions of total potential development permitted by the Zoning Law in the watershed:

Generally, for watersheds with drainage areas of less than 320 acres, all structures should be designed to carry the peak runoff for a twenty-five-year storm.

Generally, for watersheds with drainage areas between 320 and 840 acres, the structure should be designed to carry peak runoff for a fifty-year storm.

Generally, for watersheds with drainage areas larger than one square mile, all structures should be designed to carry peak runoff for a one-hundred-year storm. The only acceptable method for calculating anticipated runoff shall be computed by the soil cover complex method as utilized by the Soil Conservation Service of the United States Department of Agriculture.

Responsibility for drainage downstream. The subdivider's engineer shall study and submit a written report on 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 and the Orange County Soil and Water Conservation District. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload any existing downstream drainage facility during a twenty-five-year storm, provision for the storage of the increased runoff must be made by the developer. (See Appendix B, Stormwater Management, found in the Town Soil Report.)[1]

Editor's Note: Appendix B is on file in the office of the Village Clerk, where it is available for examination by the public.

Land subject to flooding. Land subject to periodic or occasional flooding as shown on an adopted Master Plan, Zoning Map or Soil Limitation Map 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, but such land within the plat shall be set aside for park purposes in addition to that area which is required in Article IV, § 103-20.

Easements. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as the Village Engineer may deem adequate for the purpose, but in no case less than 20 feet in width and of such width as to encompass the flood of record plus three feet in elevation. Drainage easements shall be carried from the road to a natural watercourse or other drainage facilities. When a proposed drainage system will carry water across private land outside the subdivision, appropriate rights must be secured and indicated on the plat.

House and lot drainage. Drainage of individual lots and dwellings, including footing drains discharging to a free-flowing outlet to assure proper runoff from roofs, driveways and paved surfaces, shall not be required for Planning Board approval but shall be required for the issuance of a building permit. The installation of such facilities shall be required prior to the issuance of a certificate of occupancy.

Storm drainage.

Standards.

The drainage system and/or major culverts shall be designed in accordance with established engineering principles approved by the Municipal Engineer. The minimum grade of any drainage pipe or culvert shall not be less than 0.05%. No culvert shall be smaller than 18 inches in diameter without approval of the Municipal Engineer. Such drainage shall be installed where natural watercourses cross the highways or at locations which warrant drainage. The width of the trench in which the pipe is placed shall be sufficient to permit thorough tamping of the backfill under the haunches and around the pipe. In no case shall the top of any drainage pipe be less than 18 inches below the finished grade of the pavement. Where soft, spongy or unsuitable soil is encountered or where rocks, boulders or ledges are present, such shall be removed and replaced with suitable materials and in a manner as directed by the Municipal Engineer. The pipe shall be laid to true line and grade on the prepared bed of the trench. The installation, whether for corrugated metal pipe or reinforced concrete culvert pipe, shall be in accordance with the standard practice. The backfilling of the trench shall be in accordance with good engineering procedure and as directed by the Municipal Engineer.

All corrugated metal pipe and reinforced concrete pipe shall conform to the items covering such in the latest New York State Department of Transportation specifications.

(c)

Drainage pipe or culverts shall be installed to carry the present requirements of the subdivision as well as that which may reasonably be anticipated from future construction, both from within the subdivision and from adjoining properties which normally drain across the area of the proposed development.

(d)

The discharge of established natural watercourses and stormwater in open ditches shall be permitted only after specific approval by the Planning Board. If, in its opinion, public health or safety is jeopardized or there is danger of erosion, approval shall be denied. In such cases, pipe of the proper kind and size shall be installed or the required paved sluiceways constructed. It shall be the responsibility of the developer to set aside areas for the collection and passage of both natural and stormwaters.

(e)

Catch basins or drop inlets shall be constructed in order that surface water may be intercepted.

(f)

Headwalls of concrete or stone masonry shall be constructed at the inlet and discharge end of the culvert pipe. Culverts shall extend beyond the toe of the embankment or, if carried in easements through or along lots, to a point of no less than 75 feet beyond the rear of proposed residences.

(g)

If, in the opinion of the Planning Board, it is necessary to intercept and carry away groundwater to protect the stability of the roadbed, the subdrainage required by the Planning Board shall be installed. Perforated pipe having a minimum diameter of four inches shall be used for such purpose if deemed necessary by the Municipal Engineer.

(h)

Manholes shall be provided in drain lines not more than 350 feet apart and wherever branches are connected or sizes are changed and wherever there is a change in alignment or grade.

(i)

Alignment of pipes shall be in a straight line between manholes.

(j)

Drain lines shall be placed between the center line of the road and the gutter line and shall, as far as practical, parallel the center line of the road.

(k)

Not more than two catch basins shall be interconnected before being connected to a manhole.

(l)

Drainage structures which are located on state or county highway rights-of-way shall be approved by the State or County Highway Engineer's office, and a letter from said office indicating such approval shall be directed to the Municipal Planning Board.

(m)

Surface drainage in gutters shall be limited to the equivalent of that flowing from 1.5 impervious acres; however, where the tributary impervious area exceeds the runoff from 1.0 impervious acre, a double-inlet catch basin shall be used.

(n)

Planned use of natural and other open drainage lines shall be based on an investigation and a written report to the Planning Board as to the downstream conditions anticipated as a result of such use.

(o)

All open drainage lines (watercourses and ditches) shall be protected by easements guaranteeing to the municipality the right of access and power to improve the channels, as well as prohibiting structural or terrain encroachments within the easements except on approval by the Municipal Engineer or other delegated municipal officer. Such easements shall have a minimum width of 50 feet.

(p)

All open drainage lines and swales shall be protected against erosion by suitable stabilizing materials or construction.

Inconsistency. Where the technical provisions of this section are in conflict or disagreement with provisions of other ordinances, specifications or regulations applicable to the subdivision, then the most recently adopted provision shall be utilized unless specifically indicated otherwise by the Planning Board.

§ 103-20 Parks, playgrounds and open space; preservation of natural features.

The purpose of this section is to provide an equitable and effective development standard for securing adequate land for parks, playgrounds and recreation purposes in new subdivisions throughout the Village. Except as hereinafter provided, lands comprising more than 10% of the total area of the subdivision shall be reserved for parks, playgrounds or recreational purposes in a location with suitable public access within the subdivision, as selected and determined by the Planning Board.

Recreation areas shown on Master Plan. Where a proposed park, playground or open space shown on the Master Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the Village or county by the subdivider if the Village legislature approves such dedication. While the plan may show only a general location for such proposed site, the required reservation of land for recreation purposes must be specifically located and designated on the subdivision plat.

Parks and playgrounds not shown on Master 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 grade and seed any such recreation areas shown on the plat.

The Board shall not accept areas of less than three acres and shall require that not less than three acres of recreation space be provided per 100 dwelling units shown on the plat. Open spaces of a lesser area may be approved where the difference may be made up in conjunction with the future subdivision of adjacent land. However, in no case, except in planned and cluster developments, shall the required amount be more than 10% of the total area of the subdivision. Such area or areas may be dedicated to the Village by the subdivider if the Village Board approves such dedication.

All lands designated on the plat as park, playground and recreation areas may be retained in private ownership and shall be subject to such conditions as the Planning Board may establish for the subdivision concerning access, use and maintenance of such lands as deemed necessary to assure the preservation of such lands in perpetuity for their intended purposes. Such conditions shall be shown on the plat prior to plat approval and recording.

Under either of the sections specified above, the subdivider may submit a proposed subdivision of said land shown for recreational purposes, if the Village does not accept either the dedication or purchase of said land:

At the time of the issuance of 2/3 of the certificates of occupancy in said plat; or

Within 36 months after the date of the filing of said plat with the County Clerk.

See also Article IV, § 103-19D.

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 Planning Board, prior to final approval, three prints [one on cloth] drawn in ink showing, at a scale of not less than 30 feet to the inch, such area and the following features thereof:

The boundaries of the said area, giving lengths and bearings of all straight lines, radii, lengths, central angles and tangent distances of all curves.

Existing features such as brooks, ponds, clusters of trees, rock outcrops, structures.

Existing and if applicable, proposed changes in grade and contours of the said area and of the area immediately adjacent.

Waiver of plat designation of area for parks and playgrounds. In cases where the Planning Board finds that, due to the size, topography, location or nature of the subdivision, land for park, playground or other recreation purposes cannot be properly located therein, or if in the opinion of the Board it is not desirable, the Board may waive the requirements 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 an amount equal to $2,000 per lot for each new lot created by a subdivision of land in the Village of Florida. Such amount shall be paid to the Village Board at the time of final plat approval, and no plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Village Board in a special Village Recreation Site Acquisition and Improvement Fund, to be used for the acquisition 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, and such payment shall be used only for park, playground or other recreational land acquisition or improvements. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the plat is situated, provided that the Planning Board finds that there is a need for such improvements.

[Amended 3-12-1991 by L.L. No. 1-1991; 2-10-2004 by L.L. No. 2-2004]

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.

Preservation of natural features. The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential development and to the community, such as large trees or groves, watercourses and waterfalls, beaches, historic spots, vistas and similar irreplaceable assets.

Natural terrain. Subdivision design shall preserve, insofar as possible, the natural terrain and natural watercourses, improvements and drainage areas.

Trees. A conscious effort shall be made to preserve all worthwhile trees and shrubs which exist on the site. Such features may well be suggested for park or playground areas. On individual lots or parcels, care shall be taken to preserve selected trees to enhance the landscape treatment of the development. No trees 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.

Soil. Natural fertility of the soil shall be preserved by disturbing it as little as is possible, and no topsoil shall be removed from the site.

Watercourses. Open watercourses shall be recognized as community assets. Subdivision design may well be enhanced by featuring streams and brooks. Floodplain land, areas bordering watercourses, drainageways and other lands which cannot be used safely for building purposes without danger to health or peril from flood may be offered to the Village as a gift to be used as public open space or for recreational purposes at the discretion of the Planning Board. Such land may be in addition to that required in Subsection B of this section.

Lots. On a lot intended for single-family purpose, no more than 5,000 square feet shall be cleared for development purposes.

School site. Upon receipt from the School Board of a letter declaring its interest in a school site of a specific size, the location of which is within a proposed subdivision, the Planning Board may require a subdivider to set aside such area in the design of the subdivision. Upon failure of the School Board to secure an option to acquire or to purchase such school site prior to the date of the final approval of the plat, the subdivider shall be relieved of the responsibility of showing such land for public purpose.

§ 103-21 Soil groups and sediment control.

Purpose. For the purpose of promoting the public health, safety and general welfare and determining, establishing and defining soil groups and to adopt such regulations for each group, the entire area of the Village of Florida is hereby divided into 15 soil groups (see the table of soil groups at the end of this section).

Map. The groups are comprised of several soil types as identified hereinafter and which soil types are shown on the map designated as the "Village of Florida Soil Map," dated October 1971 and made a part of this regulation.[1] All pertinent notations, soil mapping unit designators and other information shown on said map shall be as much a part of this regulation as if the matter and things set forth by said map were fully described herein.

Editor's Note: The Soil Map is on file in the office of the Building Inspector, where it is available for examination by the public.

Preparation. The soil groups and the Village of Florida Soil Map were prepared with the assistance and cooperation of the United States Department of Agriculture. Soil Conservation Service, Orange County, New York, published in January 1972.

Applicability. These regulations shall not repeal, impair or modify private covenants or other public laws, except that it shall apply whenever it imposes stricter regulations.

Nonrepresentation. The granting of a permit due to the designations, groupings, characteristics and special foundation requirements shall not constitute a representation, guaranty or warranty of the suitability of lands or the practicability or safety of any structure, use or other plan proposed.

Sediment control.

The subdivider shall provide effective sediment control measures for planning and construction of subdivisions. Use of the following technical principles shall be applied as deemed appropriate by the Orange County Soil and Water Conservation District:

The smallest practical area of land shall be exposed at any one time during the development.

When land is exposed during development, the exposure shall be kept to the shortest practical period of time.

(c)

Temporary vegetation and/or emulsion shall be used to protect critical areas exposed during development.

(d)

Sediment basins or debris basins (silting basin or silt traps) shall be installed and maintained to remove sediment from runoff waters on lands undergoing development.

(e)

Provision shall be made to effectively accommodate the increased runoff caused by changing soil and surface conditions during and after development.

(f)

Permanent final vegetation and structures should be installed as soon as practical in the development.

(g)

The development plan should be fitted to the type of topography and soils so as to create the least erosion potential.

(h)

Wherever feasible, natural vegetation should be retained and protected.

A permit is required to grade and/or shape the topography, which permit is subject to the same restrictions and reviews as are subdivisions. Preparation of agricultural land fitting to seed crops for harvest is not considered grading.

Drainage channels. All primary drainage channels which are located within or immediately adjacent to an improvement of a subdivision shall be protected by the developer.

All channels and waterways must have erosion control carried out in accordance with Subsection F above.

Single-unit outlets must be provided to take care of necessary drainage.

Utilization.

It is recognized that the soil maps and the information found in the Orange County Soil Report do not eliminate the need for future on-site investigations. The delineated areas of a given soil mapping unit may contain small areas of other kinds of soil that have strongly contrasting properties. The small areas (between 10% and 15% of the total area) are called "inclusions" and cannot be separated out on the scale of mapping used in Orange County.

The Building Inspector or Municipal Engineer shall have full authority to make additional requirements to fit conditions that may be observed in the field as a result of subsequent tests.

A permit applicant whose construction plan does not meet minimum requirements of the regulation may:

Incorporate in the construction plans accepted methods of construction and/or accepted materials whose use will meet the added requirements; or

Petition the Board of Appeals for a variance from the decision of the Building Inspector. Said Board may request the Soil and Water Conservation District to conduct an immediate on-site soil inspection for the purpose of determining the specific soil type and subsequent group or insist that a subsurface soil investigation be conducted by a professional engineer to determine the soil-bearing capacity, its stability, drainage characteristics, permeability and other properties that may be in question.

Table of soil groups.

Group I: Soils Developed in Sands and Gravel, Nearly Level Through Sloping.

Characteristics. The soils in this group are excessively well drained through well drained, medium and coarse-textured and are formed in glacial outwash plains, terraces and stream valleys. They are underlain by water-deposited beds of sand or sand and gravel. These soils have moderately rapid to very rapid permeability. The seasonal high-water table and bedrock are below six feet. Slope ranges from 0% through 15%. Soils included in this group are: 1A, 1B, 1C, 2A, 2B, 2C, 9A, 9B, 9C, 10A, 10B, 10C, 13A, 13B, and 13C.

Use and requirements.

These soils may be used for on-site septic systems that are adequately designed. These soils have slight limitations for septic systems on A-and B-slopes and moderate limitations on C-slopes.

Buildings with or without basements may be installed on these soils. These soils have slight limitations for homesites with or without basements on A- and B-slopes and moderate limitations on C-slopes.

Erodibility on these soils is low to medium and may be a problem on the steeper C-slopes.

Group II: Soils Developed in Very Fine Sands and Silts, Nearly Level to Gently Sloping.

Characteristics. The soils in this group are well drained and occur in areas where glacial lake sediments have accumulated. These sediments contain very fine sands and silts. These soils are moderately permeable and have a seasonal high-water table of six feet plus. Bedrock generally occurs at six feet plus. Slope ranges from 0% through 8%. Soils included in this group are: 78A, 78B, 79A and 79B.

Use and requirements.

These soils may be used for on-site septic systems that are adequately designed. These soils have slight limitations for septic systems.

Buildings with or without basements may be installed on these soils. These soils have slight limitations for homesites with or without basements.

Erodibility of these soils is high and may be a problem on all slopes.

Group III: Soils Developed in Coarse Silts and Loam With a Firm Basal Tile Layer, Nearly Level Through Sloping.

Characteristics. The soils in this group are well drained, medium to moderately coarse-textured and are developed in thick glacial till deposit of the upland. These soils are moderately permeable in the upper 30 inches and slowly permeable below 30 inches. The water table and bedrock are generally six feet or deeper. Slope ranges from 0% to 15%. Soils included in this group are: 38C, 39A, 39B, and 63B.

Use and requirements.

These soils may be used for on-site septic systems that are adequately designed. These soils have moderate limitations for septic systems.

Buildings with or without basements may be installed on these soils. These soils have slight to moderate limitations for homesites.

Erodibility on these soils is low to medium and erosion may be a problem on the C-slopes.

Group IV: Soils Developed in Coarse Silts and Loam With a Firm Fragipan, Nearly Level Through Sloping.

Characteristics. The soils in this group are well drained to moderately well drained and occur mostly on the tops and sides of drumlin hills. The soils are underlain by compact glacial till and have a fragipan 16 inches to 30 inches below the soil surface. These soils are moderately through very slowly permeable and have a seasonal high-water table at 1 1/2 inches through four feet. Bedrock is usually below six feet. Soils included in this group are: 5A, 5B, 20B, 20C, 35A, 35B, 35C, 40B, 40C, 41B, 41C, 64B and 64C.

Use and requirements.

These soils may be used for on-site septic systems that are adequately designed to overcome the noted limitations. These soils have moderate-to-severe and severe limitations for on-site septic systems. The Bath (40) and Swartswood (20) soils have a slowly permeable layer at 24 inches to 30 inches, and the Troy (41), Wurtsboro (35) and Braceville (5) soils have a slowly permeable layer at 16 inches to 24 inches. If the well-drained layers are removed during grading or if systems are installed below the well-drained layers, problems can be expected. On-site investigation is necessary to determine site conditions, with special attention given to time of year and field conditions under which tests are taken. (See New York State Department of Health bulletins.)

Buildings with or without basements may be installed on these soils. In cases where buildings are installed deeper than four feet on the Bath and Swartswood and three feet on the Troy and Wurtsboro, a free-flowing outlet should be provided. These soils have slight-to-moderate limitations for buildings. The Castile (Braceville) soils are influenced by the seasonal high table and position in the landscape.

Erodibility is low to medium on these soils and erosion may be a problem on the C-slopes.

Group V: Soils Developed in Heavy Silts and Clays, Nearly Level to Gentle Sloping.

Characteristics. The soils in this group are moderately well drained and occur in areas where glacial lake sediments have accumulated. These sediments contain clay and heavy silts. These soils are slowly permeable, very unstable and have a high shrink and swell potential. The water table is from 1 1/2 feet to three feet. Bedrock is generally below six feet. Slope ranges from 0% to 8%. Soils included in this group are: 80A, 80B and 84B.

Use and requirements.

These soils may be used for septic systems if it is proven that the limitations as stated in the Soils Interpretation Report for Orange County have been or will be overcome. These soils have severe limitations for septic systems.

Buildings with or without basements may be installed on these soils. In cases where basements are constructed at depths greater than three feet, adequate foundation drainage to a free outlet should be provided. These soils have slight through severe limitations for homesites.

Erodibility on these soils is high, and erosion may be a problem on all slopes.

(6)

Group VI: Soils Developed in Medium Sands and Silts Influenced by Bedrock and Surface Stones, Nearly Level Through Sloping.

Characteristics. The soils in this group are well drained to moderately well drained and occur on the tops and sides of drumlin hills. The soils are underlain by compact glacial till and have fragipan that ranges from 16 inches to 30 inches. The soils in this group have a surface stoniness condition and shallowness-to-bedrock problem. On-site investigation is a must on these soils. Slope ranges from 0% to 15%. Soils included in this group are: 22AC, 65AC, 77B, 77C and 020BC.

Use and requirements.

In cases where deep pockets of Bath soils are found in the Bath-Nassau complex unit (77), these soils may be used for one-site septic systems if adequately designed. On-site septic systems may also be used in cases where the extreme stoniness of the Bath-Swartswood (020) soils is found to be only a surface condition. On-site investigation is necessary to determine the extent of stoniness or the bedrock condition of these soils. The soils have severe limitations for septic systems.

Buildings with or without basements may be installed on these soils if adequate foundation drainage is provided to a free-flowing outlet. These soils have moderate-to-severe limitations for homesites.

Erodibility on these soils is low to medium. Erosion may be a problem on the C-slopes.

(7)

Group VII: Soils Developed in Silts, Clays and Very Fine Sands That Are Wet, Nearly Level to Gently Sloping.

Characteristics. The soils in this group are somewhat poorly drained and occur in concave areas in the glacial till upland. These soils are very fine sands through silty clay loam texture. Permeability is slow to very slow. The seasonal high-water table is 1/2 feet to 1 1/2 feet. Bedrock is generally six feet plus. These soils are subject to ponding. Soils in this group are: 4A, 4B, 7, 25A, 42A, 42B, 81, 85A, 85B and 025B.

Use and requirements.

Septic systems shall not be installed on these soils. (See the Soils Interpretation Report for Orange County.)

Homesites with basements shall not be installed on these soils. Homesites without basements may be installed if adequate drainage is provided to a free-flowing outlet.

Erosion on these soils ranges from low to high.

[4]

Red Hook (7) and Raynham (81) are placed in this group, but in some cases these soils are subject to ponding and flooding. On-site investigation is necessary to determine the location of these soils on the landscape.

(8)

Group VIII: Soils Developed in Silts That Are Influenced by Bedrock, Nearly Level Through Sloping.

Characteristics. The soils in this group occur mostly in rougher areas of the upland. The soils are underlain by hard bedrock, and some areas contain exposed rock outcrops. In most places, hard rock is found from 20 inches to 40 inches below the soils's surface. Permeability is moderate to slow above the bedrock. Where limestone bedrock occurs, severe cracks and voids in the rock must be considered. Slope ranges from 0% to 15%. Soils included in this group are: 3A, 3B, 3C, 48B, 48C, 75AB, 75C, 070BC, 071BC, 073AC, 074AC, 077AC and 080Ab.

Use and requirements.

Septic systems shall not be installed on these soils.

Homesites may be installed on these soils, but adequate foundation drainage should be provided to a free-flowing outlet.

Erodibility on these soils is low to medium. Erosion may be a problem on the C-slopes.

(9)

Group IX: Soils Developed in Silts, Clay and Very Fine Sands That Pond, Nearly Level.

Characteristics. The soils in this group are poorly to very poorly drained, with a seasonal high-water table at zero foot to 1/2 foot. These soils are located in flat concave areas on the landscape. Permeability is very slow. A ponding condition will occur during most of the year. In some areas these soils are located along streams and are subject to infrequent flooding. Slope ranges from 0% to 3%. Soils included in this group are: 8, 26, 43, 82, 86, 87, 97, 98 and 026.

Use and requirements.

Septic systems shall not be installed on these soils.

Buildings shall not be installed on these soils. These are ponding soils and give temporary storage during heavy rainfalls. In cases where buildings are installed on these soils, the storage eliminated by draining these areas should be replaced with holding ponds so as not to increase runoff to areas below.

(10)

Group X: Soils Developed in Very Fine Sands and Silts That Flood, Nearly Level.

Characteristics. The soils in this group are nearly level and are in the floodplains of stream valleys. All these soils are subject to flooding, with the lower-lying, poorly drained soils being flooded most frequently. The seasonal high-water table fluctuates with the stream level. Permeability is moderate through very slow. Slope ranges from 0% to 3%. Soils included in this group are: 88, 89, 91, 92, 93, 99, 100, 101, 193 and 293.

Use and requirements:

These soils shall not have septic systems installed on them.

Buildings with or without basements shall not be constructed on these soils.

Red Hook (7) and Raynham (81) soils are placed in Group VII, but in some cases these soils are located along small streams and are subject to ponding and flooding. On-site investigation is necessary to determine location of these soils on the landscape.

(11)

Group XI: Soils Developed in Very Fine Sands, Heavy Silts and Clays, Gently Sloping.

Characteristics. The soils in this group are well drained to moderately well drained and occur in areas where glacial lake sediments have accumulated. These sediments are in layers composed of silts, very fine sands and clay. These soils are slowly permeable, very unstable and have a high shrink and swell potential. The water table ranges from 1 1/2 feet to six feet. Erosion and sluffing on these soils is severe. Bedrock is generally below six feet. Slope ranges from 8% to 15%. Soils included in this group are: 78C, 79C and 84C.

Use and requirements.

These areas shall not be used for on-site septic systems except in cases where it can be proven that erosion and sluffing will not occur or necessary measures have been taken to prevent them.

Buildings with or without basements shall not be installed on these soils except in cases where it can be proven that erosion and sluffing will not occur or necessary measures have been taken to prevent them.

Erodibility on these soils is high, and erosion and sluffing may be a severe problem.

(12)

Group XII: Soils Developed in Sands and Silts That Are Influenced by Steep Slopes, Moderately Steep to Steep.

Characteristics. The soils in this group are all soils that occur on slopes ranging from 15% through 25%. Slope percentages in some units are combined. The range of these soils is 15% through 35%. These soils are rated rapid for surface runoff. Soils included in this group are: 1D, 9D, 13D, 20D, 22DE, 38D, 39D, 40D, 64D, 65DE, 77D, 020DE, 070DE, 071DE, 074DE, 075DE, 076DE and 077DE.

Use and requirements.

Septic systems shall not be installed on these soils.

Buildings shall not be constructed on these soils except in cases where 50% of the area where the buildings are to be constructed is less than 15% slope (4,000 square feet).

Erodibility on these soils is low to medium, and erosion may be a problem on the C-slopes.

(13)

Group XIII: Soils Developed in Sands, Silts and Clays That Are Dominated by Very Steep Slopes.

Characteristics. The soils in this group are all soils that occur on slopes ranging from 25% through 45%. These soils are rated very rapid for surface runoff. Soils included in this group are: 01E, 20E, 22F, 65F, 84D, 020F, 071F, 074F, 076F and 077F.

Use and requirements:

Septic systems shall not be installed on these soils.

Buildings shall not be installed on these soils.

Erosion is a problem on these steep slopes.

(14)

Group XIV: Soils Developed in Organic Materials, Nearly Level.

Characteristics. The soils in this group occur in depressional areas where surface organic materials are generally five feet or greater. These areas are subject to either flooding or ponding and are covered with water most of the year. Soils included in this group are: 94, 96, 194, 197, 294 and 295.

Use and requirements.

These soils shall not have septic systems installed on them.

Buildings, other than those that are agriculturally related, shall not be installed on these soils.

These soils are best suited for agricultural use.

(15)

Group XV: Water Bodies and Marshland.

Characteristics. This group consists of marshland and water bodies within Orange County. The marshland has approximately one to two feet of water during most of the year. All ponds and lakes are also included in this group. The mapping unit in this group is 103.

§ 103-22 Central sewer and water systems.

It is the policy of the Village that all central sewer and water systems shall be owned and operated by the municipality. It is required as a condition to final approval of the plat that where central sewer and/or water systems are to be installed, an improvement district shall be legally formed or extended. Such systems with appurtenances shall be offered for dedication to such districts without cost to the district.

Water and sewage facilities.

Endorsement. The proposed subdivision plat shall be properly endorsed and approved by the Orange County Department of Health. Such endorsement and approval shall be secured by the subdivider after approval of the preliminary plat by the Planning Board.

Local requirements. Orange County Department of Health approval shall constitute only the minimum requirement necessary, and where considered essential by the Board, a public sanitary and/or water system may be required for any subdivision.

Ordinance. The requirements contained in the Village of Florida Sewage Disposal Ordinance, Ordinance No. 56, approved by the Village Board and as hereafter may be amended, shall apply, and all sewage disposal systems shall be constructed in conformance thereto, said Sewage Disposal Ordinance being attached hereto and made a part hereof.[1]

Editor's Note: See Ch. 95, Sewers, Art. I, General Provisions.

Dedication. Water and sewer mains and systems are to be offered for dedication to the municipality or duly constituted improvement district and, upon completion of acceptance, to be maintained by the municipality and shall be located in the street rights-of-way or in perpetually unobstructed easements of a width adequate for servicing.