ARTICLE I
General Policy and Definitions
§ 125-1. Definition of policy.
§ 125-2. Definitions.
ARTICLE II
Application Filing Procedure
§ 125-3. Application required.
§ 125-4. Informal
consideration.
§ 125-5. Sketch plan.
§ 125-6. Approval of minor
subdivision.
§ 125-7. Preliminary plat for
major subdivision.
§ 125-8. Plat for major
subdivision.
§ 125-9. Establishing letters
of credit.
§ 125-10. Releasing funds during
construction.
§ 125-11. Warranty of work and
materials.
§ 125-12. Release of warranty.
§ 125-13. Default on previously
approved plat.
§ 125-14. Issuance of permits.
§ 125-15. Filing of approved
final subdivision plat.
§ 125-16. Public streets and
recreational areas.
§ 125-17. Application of § 7-738 of the
§ 125-18. Payment of fees.
ARTICLE III
General
Requirements and Design Standards
§ 125-19. Standards
to be minimum requirements.
§ 125-20. Character
of land; conformity to Village General Plan and specifications required.
§ 125-21. Street
and pavement design.
§ 125-22. Maintenance
of roadway.
§ 125-23. Temporary
culs-de-sac or turnarounds.
§ 125-24. Lots.
§ 125-25. Removal
of springwater, surface water and subsurface water.
§ 125-26. Parks,
open spaces and natural features.
§ 125-27. Compliance
required; inspections; completion.
ARTICLE IV
Documents to
be Submitted
§ 125-27.1 Applicant/developer’s
mortgagee’s consent.
§ 125-28. Sketch plan
submission; contents.
§ 125-29. Minor subdivision plat
submission; contents.
§ 125-30. Major subdivision
preliminary plat and accompanying data.
§ 125-31. Major subdivision
final plat and accompanying data.
ARTICLE V
Waivers
§ 125-32. Waiver of
improvements.
§ 125-33. Conditions of waivers.
§ 125-34. Enlarging a lot.
ARTICLE VI
Administration,
Enforcement and Penalties
§ 125-35. Violation to be deemed
offense.
§ 125-36. Penalties for
offenses.
§ 125-37 Action in addition to
penalties.
§ 125-38. Court review.
§ 125-39. Compliance required
prior to issuance of permit.
Appendix A: Soil
Classification and Use Guidelines
Appendix B: Project Fee Chart
for Engineering Review
Appendix C: Monthly Estimate
Worksheet
Appendix D: Design Standards
and Construction Methods
Figure 1: Half Section of Road
with Shoulders
Figure 2: Half Section of Road
with Concrete Gutters
Appendix E: Specifications for Design Standards and
Construction
Methods
Figure 1: Dead End Turn Around
Appendix F:
Tompkins
Appendix
G: Stormwater Management
[HISTORY: Adopted by the Board of Trustees of the
GENERAL REFERENCES
Zoning -- See
General Policy and Definitions
§ 125-1. Declaration of policy.
By the authority of the resolution of the
Village Board of Trustees of the Village of Lansing, to be adopted on or to be
adopted pursuant to the provisions of Article 7 and § 4-412 of the Village Law
of the State of New York, the Planning Board of the Village of Lansing shall be
authorized and empowered to approve plats showing lots, blocks or sites, with
or without streets or highways, to approve development of entirely or partially
undeveloped plats already filed in the office of the Clerk of Tompkins County
and to conditionally approve preliminary plats. It is declared to be the policy
of the Planning Board to consider land subdivision plats as part of a plan for
the orderly, efficient and economical development of the Village. This means,
among other things, that land to be subdivided shall be of such character that
it can be used safely for building purposes without danger to health, or peril
from fire, flood or other menace; that proper provision shall be made for
drainage, water supply, sewerage and other needed improvements; that all
proposed lots shall be so laid out and of such size as to be in harmony with
the development pattern of the neighboring properties; that the proposed
streets shall compose a convenient system conforming to the Official Map, if
such exists, and shall be properly related to the proposals shown on the
Village General Plan, if such exists, and shall be of such width, grade and
location as to accommodate the prospective traffic, to facilitate fire
protection and to provide access of fire-fighting equipment to buildings; and
that proper provision shall be made for open spaces for parks and playgrounds.
In order that land subdivisions may be made in accordance with this policy,
these Regulations which shall be known as, and which may be cited as, the
"Land Subdivision Regulations of the
§ 125-2. Definitions.
For the purpose of this chapter, certain
words and terms used herein are defined as follows:
Cluster
subdivision -- See § 125-17.[1]
Developer -- A
subdivider or his or her agent, who shall lay out, propose, contract or perform
the development of subdivided land, either immediate of future.
Easement -- A
written authorization by a property owner for use by another party, and for a specified
purpose, of any designated part of his property.
Engineer -- A
person designated by the Board of Trustees to make the determinations required
to be made by an engineer under this chapter.
Improvements --
When required, include but are not limited to the following: streets, water and
sewer lines, drainage facilities, public utilities and land forming.
Letter
of credit -- A form of security approved by the Planning Board
and acceptable to the Board of Trustees guaranteeing that all improvements to
be made by the subdivider in compliance with these Regulations will be made and
providing funds for engineering and administrative review and inspection fees.
Lot --
Any parcel, plot, site or tract of land separated from other parcels, plots,
sites or tracts by description as on a subdivision plat, survey map or by metes
and bounds, for the purpose of transfer, conveyance, sale, lease or separate
use;[2]
provided, however, that the foregoing definition of “Lot”
shall not apply to portions of a larger parcel, plot, site or tract of land
that may have been leased or otherwise separately identified and/or for which a
tax parcel may have been created (as reflected on tax maps for the
Village of Lansing) if such portions of such larger parcel,
plot, site or tract of land so leased or separately identified are part of a
consolidated and planned project, such as an office campus, that is intended
for un-subdivided development and for which development and improvements
thereon are subject to special permit approval under Chapter 145 of the Village
Code; and further provided, however, that the foregoing definition of
“Lot” shall not apply to any parcel, plot, site or tract of land for which a
tax parcel may have been created (as reflected on tax maps for the
Village of Lansing) but for which parcel, plot, site or tract of
land
any required approvals of the Village have not been granted. [Amended 12-17-07 by L.L. No. 11-2007]
Major
subdivision -- Any subdivision of land not classified by the
Planning Board as a minor subdivision.
This definition shall not include a “municipal subdivision”, as defined
below. [Amended 3-19-01 by L.L. No. 1-2001]
Minor
subdivision -- The subdivision of any land into not more than two
(2) lots [initial lot plus one (1) new lot] and fronting on an existing street,
not involving any new street or road or the extension of any municipal
facilities, not adversely affecting the development of the remainder of the
parcel or of adjoining property and not in conflict with any provision or
portion of the Village General Plan, Official Map or Chapter 145, Zoning, if
such exists, or these Regulations. After a subdivider has established four (4)
contiguous lots, parcels or plots through minor subdivisions, any subsequent
subdivision on the same street or on an intersecting street, submitted by said
subdivider, may be classified by the Planning Board as a major subdivision, and
if so, shall require preliminary plat and final plat approval and submission of
all data required for such approval.
This subdivision shall not include a “municipal subdivision”, as defined
below. [Amended 3-19-01 by L.L. No. 1-2001]
Municipal
Subdivision [Added
3-19-01 by L.L. No. 1-2001[3];
Amended 7-9-01 by L.L. No. 5-2001] – The subdivision of any lot into not more than two (2) lots
(initial plus one (1) new lot), which subdivision is to be made at the request
of or as a requirement of the Village of Lansing, in which case the Village of
Lansing is to acquire the new lot for use as a public road right-of-way, or as
part of a public road right-of-way, including for the purposes of extension,
reconstruction, realignment, widening or reconfiguration of existing public
roads, creation of new public roads, and addition to public roads of bicycle
lanes, pedestrian lanes, sidewalks and landscaping (collectively, “public road
purposes”), and in which case the
remaining lot substantially retains its character prior to such
subdivision as a developed or an undeveloped lot.
A.
The authority for review and approval of
municipal subdivisions shall be retained by the Village Board of Trustees, and
therefore a municipal subdivision shall be exempt from the application of these
Land Subdivision Regulations, and shall not require the review, recommendation
or approval of the
B.
[Amended
7-9-2001 by L.L. No. 5-2001[4]] (1) In the case of a lot containing a building
(as such terms is defined in the Village of Lansing Zoning Law) at the time of
approval of the municipal subdivision, if the remaining lot after conveyance to
the Village would contain a nonconforming structure as a result of the
diminishment in front yard setback, as a result of diminishment in lot size or
as a result of increase in lot coverage, under applicable Village of Lansing
Zoning Law District Regulations, then for the purposes of measuring the front
yard building setback, for the purposes of measuring lot size and for the
purposes of measuring maximum lot coverage for such lot, the measurement shall
be deemed to include the area of the lot acquired by the Village in connection
with the municipal subdivision. If the
lot acquired by the Village is subject to a “build-to” rather than a front yard
setback requirement, the “build-to” line established by the applicable
provisions of the Village Zoning Law, whether now or hereafter set forth in the
Village Zoning Law, shall govern, and the “build-to” line shall be measured in
accordance with such applicable Zoning Law provisions. (2) In the case of a lot that does not
contain a building (as such term is defined in the Village of Lansing Zoning
Law) at the time of approval of the municipal subdivision, if the remaining lot
after conveyance to the Village would become a nonconforming lot as a result of
the diminishment in lot area, then (a) the terms of the Village Zoning Law
section entitled “Nonconforming Lots of Record” shall apply to such lots as if
it existed on the effective date of the Zoning Law, but (b) if, as a result of
applying such terms no improvements would be permitted to be built on such lot,
then the Village shall acquire the entirety of such lot, in order that no
nonconforming lot that is not permitted to be built upon is created as a result
of the municipal subdivision.
Preliminary
plat -- Any drawings clearly marked preliminary plat showing
the layout of a proposed subdivision containing all the supplementary data
required by these Regulations and by the Planning Board in its action on the
sketch plan.
Sketch
plan -- Any drawings of the proposed subdivision made with
sufficient accuracy and detail to be used by the Planning Board for the purpose
of discussion and classification in accordance with the provisions of these
Regulations.
Street --
Any street, avenue, boulevard, road, lane, parkway, alley or other way which is
an existing State, County, Town or Village roadway or a proposed street shown
on the Village General Plan or a street or way shown on a plat to be filed or
duly filed and recorded in the office of the County Clerk. Streets include all
land between rights-of-way, whether improved or unimproved. For the purpose of
these Regulations, streets shall be classified as provided in § 125-21C.[5]
Subdivider --
Any person, corporation, firm, partnership, association or their agent, who
shall lay out or propose any subdivision of land for the purpose of the sale or
development, either immediate or future.
Subdivision -- The
division of any parcel of land into two (2) or more parcels, lots, plots,
tracts, sites or other division of land, for the purpose, whether immediate or
future, of transfer of ownership whether or not new building or development is
to occur immediately. Subdivision shall include resubdivision in whole or in
part of any plat, filed or unfiled, which is entirely or partially undeveloped.
Subdivision
plat or final plat -- The final map of all or a portion of the
subdivision, with all supporting data, documentation and approvals, required by
these Regulations and by the Planning Board, submitted to the Village Clerk for
action by the Planning Board and which, if approved, shall be filed in the
County Clerk's office.
Warranty -- A
form of security required to guarantee all work performed and materials
furnished against defect, failure, inadequacy or breakage.
Zoning
Officer -- A person designated by the Board of Trustees to make
the determinations required in this chapter.
ARTICLE II
Application Filing Procedure
§ 125-3. Application required.
Whenever
any subdivision of land is proposed to be made, and before any sale of any lots
in such subdivision or any part thereof is made and before any permit for the
erection of a structure in such proposed subdivision shall be granted, or any
existing permit used, the subdivider or his duly authorized agent shall apply
in writing for approval of such proposed subdivision in accordance with the
following procedures.
§ 125-4. Informal consideration.
Prior to developing plans or submitting
sketch plans of a subdivision for approval the subdivider may discuss with the
Planning Board the scope and intent of the proposed subdivision. The purpose of
such a meeting is to afford the subdivider an opportunity to consult informally
at an early stage with the Board to conserve time and expense for the
subdivider and create opportunity for achievement of a desirable subdivision in
the public interest.
§ 125-5. Sketch plan.
A. Submission
of sketch plan. [Amended 2-21-1989 by
L.L. No. 2-1989[6]]
(1) Any owner of land shall, prior to subdividing or resubdividing
land, submit to the Village Clerk at least twelve (12) days prior to a regular
meeting of the Planning Board ten (10) copies of a sketch plan of the
proposed subdivision,
which shall comply with the requirements of § 125-28 for the purposes of
classification and preliminary discussion.
(2) All applications made in accordance with the terms of this
section shall be accompanied by such fees as are determined in accordance with
the provisions of § 125-18 of these Regulations.
B.
Discussion of requirements. The subdivider, or
his duly authorized representative, shall attend the meeting of the Planning
Board to discuss the requirements of these Regulations for street improvements,
drainage, sewerage, water supply, fire protection and similar aspects, as well
as the availability of existing services and other pertinent information as
determined by the Planning Board.
C.
Study of
sketch plan. The Planning Board shall determine whether the sketch plan
meets the purposes of these Regulations and
shall, where it deems it necessary,
make specific recommendations to be
incorporated by the applicant in the next
submission to the Planning Board.[7]
D.
Classification. Classification of the sketch plan
is to be made by the Planning Board as to whether it is a minor or major
subdivision as defined in § 125-2. The Board may require, however, when it
deems necessary for the protection of the public health, safety and welfare,
that a minor subdivision comply with all or some of the requirements specified
for major subdivisions. If the sketch plan is classified as a minor
subdivision, the subdivider shall then comply with the procedure outlined in §§
125-6, 125-9, 125-10, 125-11, 125-12 and 125-15 of these Regulations. If it is
classified as a major subdivision, the subdivider shall then comply with the
procedures outlined in §§ 125-7, 125-8, 125-9, 125-10, 125-11, 125-12, 125-15 and
125-16.
§ 125-6. Approval of minor subdivision.
A. Application and
fee.
(1)
Within six (6) months after classification of the
sketch plan as a minor subdivision by the Planning Board, the subdivider shall
submit an application for approval of a subdivision plat. Failure to do so
shall require resubmission of the sketch plan to the Planning Board for
reclassification. The plat shall conform to the layout shown on the sketch plan
plus any recommendations made by the Planning Board. Said application shall also
conform to the requirements listed in § 125-29.
(2)
All applications made in accordance with the
terms of this section shall be accompanied by such fees as are determined in
accordance with the provisions of § 125-18 of these Regulations. [Amended 2-21-1989 by L.L. No. 2-1989; 4-16-1991 by L.L. No.
9-1991]
B. Number
of copies. Ten (10) copies of the subdivision plat shall be presented to the
Village Clerk at least twelve (12) days prior to a regular monthly meeting of
the Planning Board.[8]
C.
When officially submitted. The time of submission
of the subdivision plat shall be considered to be the date of the regular
monthly meeting of the Planning Board at lest twelve (12) days prior to which
the application for approval of the subdivision play, complete and accompanied
by the required fee and all data required § 125-29 of these Regulations, was
filed with the Village Clerk.[9]
D.
Endorsement of State and County agencies. Water
and sewer facility proposals contained in the subdivision plat shall be
properly endorsed and approved by the Southern Cayuga Lake Intermunicipal Water
Commission (SCLIWC) and the Tompkins County Health Department. Applications for
approval of plans for sewer or water facilities will be filed by the subdivider
with all necessary Town, County and State agencies. Endorsement and approval by
the Tompkins County Health Department shall be secured by the subdivider before
final approval of subdivision plat.[10]
E.
Subdivider to attend Planning Board meeting. The
subdivider, or his duly authorized
representative, shall attend the meeting of the Planning Board to discuss the
subdivision plat.
F.
Public hearing. Within sixty-two (62) days after the date of submission
of a plat in final form for approval, a hearing shall be held by the Planning
Board. This hearing shall be advertised at least once in a newspaper of general
circulation in the Village and a notice of hearing shall be posted in at least
three (3) prominent places in the Village at least five (5) days before such
hearing. The subdivider shall send written notice by mail to all owners of
Village property contiguous to the boundaries of the property under
consideration. Such notice shall state
the nature of the request for subdivision approval, the time and place of the
public hearing and such additional information as shall be required by the
Village Zoning Officer. Such notice
shall be mailed no less than five (5) days prior to the public hearing. Proof of mailing shall be filed with the
Planning Board prior to the holding of the public hearing. [Amended 12-6-1988 by L.L. No. 6-1988[11]]
F.
Action on proposed subdivision plat. The Planning
Board shall, within sixty-two (62) days from the date of the public hearing,
approve, modify and approve or disapprove the final subdivision plat. However,
the final subdivision plat shall not be signed by the authorized officer of the
Planning Board for recording until the subdivider has complied with the
provisions of §§ 125-9, 125-10, 125-11 and 125-12.[12]
H. Number
of minor subdivisions. After a subdivider
has established four (4) contiguous lots, parcels or plots through minor
subdivisions, any subsequent subdivision on the same street or on an
intersecting street, submitted by said subdivider, may be classified by the
Planning Board as a major subdivision and, if so, shall require preliminary
plat and final plat approval and submission of all data required for such
approval.
§ 125-7. Preliminary plat for major subdivision.
A.
Application and fee.
(1)
Prior to the filing of an application for the
approval of a major subdivision plat, the subdivider shall file an application
for the conditional approval of a preliminary plat of the proposed subdivision.
Such preliminary plat shall be clearly marked "preliminary plat" and
shall be in the form described in § 125-30 hereof. The preliminary plat shall,
in all respects, comply with the requirements set forth in the provisions of §§
7-728 and 7-730 of the Village Law and § 125-30 of these Regulations, except
where a waiver may be specifically authorized by the Planning Board.
(2) All applications made in accordance with the
terms of this section shall be accompanied by such fees as are determined in
accordance with the provisions of § 125-18 of these Regulations. [Amended 2-21-1989 by L.L. No. 2-1989;
4-16-1991 by L.L. No. 9-1991]
B. Number
of copies. Ten (10) copies of the preliminary plat shall be presented to the
Village Clerk at least twelve (12) days prior to a regular monthly meeting of
the Planning Board.[13]
C. When
officially submitted. The time of submission of the preliminary plat shall be
considered to be the date of the regular monthly meeting of the Planning Board
at least twelve (12) days prior to which the application for conditional
approval of the preliminary plat, complete and accompanied by the data required
by § 125-30 of these Regulations and by the required fee, was filed with the
Village Clerk.[14]
D. Subdivider
to attend Planning Board meeting. The subdivider, or his duly authorized
representative, shall attend the meeting of the Planning Board to discuss the
preliminary plat.
E. Study
of preliminary plat. The Planning Board shall study the practicability of the
preliminary plat taking into consideration the requirements of the community
and the best use of the land being subdivided. Particular attention shall be
given to the arrangement, the location and width of streets, their relation to
the topography of the land, water supply, sewage disposal, drainage, lot sizes
and arrangement, the future development of adjoining lands as yet unsubdivided and
the requirements of the Village Comprehensive Plan, the Official Map and
Chapter 145, Zoning, if such exist.
F. Public
hearing. Within sixty-two (62) days after the date of submission of a
preliminary plat, a hearing shall be held by the Planning Board. This hearing
shall be advertised at least once in a newspaper of general circulation in the
Village and a notice of hearing shall be posted in at least three (3) prominent
places in the Village at least five (5) days before such hearing. The
subdivider shall send written notice by mail to all owners of Village property
contiguous to the boundaries of the property under consideration. Such notice
shall state the nature of the request for subdivision approval, the time and
place of the public hearing and such additional information as shall be
required by the Village Zoning Officer. Such notice shall be mailed no less
than five (5) days prior to the public hearing. Proof of such mailing shall be
filed with the Planning Board prior to the holding of the public hearing. [Amended 12-6-1988 by L.L. No. 6-1988[15]]
G. Action on
preliminary plat.[16]