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]
(1) Within sixty-two (62) days after the date of such hearing, the
Planning Board shall conditionally approve the preliminary plat with or without
modifications, or the ground for disapproval shall be stated upon the records
of the Planning Board.
(2) The time in which the Planning Board must take action on such
plat may be extended by mutual consent of the subdivider and the Planning Board.
Failure of the Planning
Board to act within a sixty-two-day period shall constitute a conditional
approval of the preliminary plat.
H. Conditions of
approval.
(1) When granting conditional approval to a
preliminary plat, the Planning Board shall state the conditions of such approval,
if any, with respect to the specific changes which it will require in the
preliminary plat and the character and extent of the required improvements for
which waivers have been requested and which in its opinion may be waived
without jeopardy to the public health, safety and general welfare.[17]
(2) The action of the Planning Board plus any conditions attached
thereto shall be noted on two (2) copies of the preliminary plat. One (1) copy
shall be returned to the subdivider and one (1) retained by the Village.[18]
(3) Conditional approval of a preliminary plat shall not constitute
approval of the final plat, but rather it shall be deemed an expression of
approval of the design submitted on the preliminary plat as a guide to the
preparation of the plat, which will be submitted for approval of the Planning
Board and for recording upon fulfillment of the requirements of these
Regulations and the conditions of the conditional approval, if any.
(4) Prior to approval of the final plat, the Planning Board may
require additional changes as a result of further study of the subdivision in
final form.
§ 125-8. Plat for major subdivision.
A.
Application and fee. The subdivider shall, within
six (6) months after the conditional approval of the preliminary plat, file
with the Planning Board an application for approval of the subdivision plat in
final form, using the approved application blank from the Clerk of the Village.
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. If the final plat is not submitted within six
(6) months after the conditional approval of the preliminary plat, the Planning
Board may refuse to approve the final plat and require resubmission of the
preliminary plat. [Amended 2-21-1989 by
L.L. No. 2-1989; 4-16-1991 by L.L. No. 9-1991[19]]
B.
Number of copies. A subdivider intending to
submit a proposed final plat for the approval of the Planning Board shall
provide the Village Clerk with a copy of the application and ten (10) copies
[one (1) copy in ink on Mylar or velum] of the plat, the original and one (1)
true copy of all offers of cession, covenants and agreements and two (2) prints
of all construction drawings
at least twelve (12) days in
advance of the regular monthly Planning Board meeting at which it is to be
officially submitted.[20]
C. When
officially submitted. The time of submission of the final 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 approval of the
final plat, complete and accompanied by the required fee and all data required
by § 125-31 of these Regulations, was filed with the Village Clerk.[21]
D. Endorsement
of State and County agencies. Water and sewer facility proposals contained in
the final 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 final plat.[22]
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
final 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 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[23]]
G. Action
on proposed final 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, 125-12 and 125-22D. [Amended 3-19-1991 by L.L. No. 6-1991[24]]
§ 125-9. Establishing letters of credit.
A. Estimate.
(1) Before the Planning Board grants approval for the final
subdivision plat, the subdivider's licensed professional engineer shall submit
a preliminary estimate of cost of improvements. This shall be itemized in
detail and shall consist of five (5) major sections, as follows:
(a) Water
system.
(b) Sanitary
sewers.
(c) Storm drains.
(d) Grading,
paving and sidewalks.
(e) Miscellaneous.
(2) [Amended 3-19-1991 by L.L.
No. 6-1991; 4-16-1991 by L.L. No. 9-1991[25]]
This estimate shall be submitted to the Village Engineer together with a copy
of the final subdivision plat. The estimate shall include the following items:
(a) Construction
costs.
(b) Construction
costs increase.
(c) Contingencies:
ten percent (10%).
(d) Survey
monuments and necessary stake out.
(e) As-built
map (record plan).
(f)
Street signs.
(g)
Owner's guaranty: five percent (5%).
(h)
Inspection (developer's engineer).
(i)
Landscaping (where applicable).
(j)
Lighting Plan.[26]
(k)
Road maintenance and repair program costs
(including but not limited to costs of snow and ice removal and salting and/or
sanding roads and any other costs incurred in order to comply with the terms of
§ 125-22D).
(l)
Temporary construction.
(m) Such
other items as the Village may require.
B. Letter of credit. In an amount set by the
Village Board of Trustees, the subdivider shall file with the Village Clerk a
letter of credit. The letter of credit shall be written so as to comply with
the terms and conditions specified by the Village, as set forth in a specimen
copy of a letter of credit that has been approved by the Village Attorney which
copy is on file in the Village Office. Such letter of credit shall be issued by
a bank or by the owner/subdivider with security acceptable to the Village Board
of Trustees and shall be approved by the Village Board and the Village Attorney
as to form, sufficiency and manner of execution.
C. Additional
conditions.
(1)
The letter of credit shall be so written to allow
the Village to draw from the funds to perform any and all work if the
subdivider does not diligently, systematically and expeditiously perform the
work.
(2)
If the subdivider fails to perform in accordance
with the Village standards and specifications or the site plan, then the
Village shall give written notice of such failure, and the subdivider shall
have a reasonable time not to exceed fifteen (15) days to properly perform as
provided for in such notice. Failure of the subdivider to so correct and
perform the work within such reasonable time, in no event to exceed fifteen
(15) days from receipt of such notices, authorizes the Village to perform and
properly complete such items contained in such notice forthwith and to be
reimbursed for the cost thereof under the letter of credit of the subdivider to
the Village in place and instead of the subdivider, as if the funds under such
letter of credit were advanced to the subdivider. The subdivider will provide
for such authority in the letter of credit that is issued to the Village under
this project.
(3)
The letter of credit also shall be written so as
to allow the Village to draw from the letter of credit funds to reimburse the
Village for all costs and expenses incurred by the Village, plus an
administrative fee equal to twenty-five percent (25%) of such costs and
expenses, in performing road maintenance
and/or repair, including
but not limited to
snow and ice removal and application of salt and/or
sand, for the proposed roads in the subdivision in any situation that the
Village reasonably deems to be an emergency to which the subdivider has not
satisfactorily responded. If the subdivider fails to perform such road
maintenance and/or repair in the case of an emergency in a manner satisfactory
to the Village and in accordance with the Village standards and specifications,
and any conditions stated on the final subdivision plat or any conditions of
final subdivision approval, the Village shall have the authority, as provided
in the agreement required of the subdivider in accordance with § 125-22D, to
perform such work and to draw from the letter of credit the cost thereof plus
an administrative fee in accordance with the terms of the letter of credit. In
order to satisfy the foregoing requirements, the letter of credit shall contain
a provision enabling the Village to draw upon the letter of credit following
delivery to the issues of the letter of credit of the certification by the
Mayor of the Village of Lansing and the Engineer for the Village of Lansing
that the developer has failed to properly or adequately or satisfactorily
maintain, repair or complete any proposed road within the subdivision in
accordance with the Subdivision Regulations of the Village, the final
subdivision Approval for the subdivision and any conditions thereto, the final
subdivision plat and/or any other application laws, regulations, rules or orders.
[Added 3-19-1991 by L.L. No. 6-1991]
§ 125-10. Releasing funds during construction.
A.
Estimate of work performed. At such times as the
subdivider and his contractor wish to have funds released to cover work
performed, the subdivider's licensed professional engineer shall prepare an
estimate of the work performed as of that date. The estimate shall use the same
format and item breakdown as requested above for the preliminary estimate of
cost of improvements. The licensed professional engineer shall certify that the
quantity of items indicated in the estimate have, in fact, been installed as
determined by his own measurements. The estimate shall be approved by the
Village Engineer prior to release of funds.
B.
Retention of funds.
(1) To these periodic estimates the subdivider's engineer shall make
a deduction of ten percent (10%) retained to cover the cost of cleanup, minor
adjustments to manhole tops and site restoration.
(2)
The release of the amount retained shall be
accomplished according to the following formula: ten percent (10%) of the total
construction costs shall be retained until one-half (1/2) of the project has
been completed; that is, when fifty percent (50%) of the total construction
cost has been released from the letter of credit. At this point, the amount
retained will vary directly as the percentage of work completed. For example,
for a project with a total construction of one thousand dollars ($1,000.), ten
percent (10%) is retained until fifty percent (50%) of the project is
completed. At the sixty percent (60%) project completion stage, sixty percent
(60%) of the retainage would be released with forty percent (40%) of the
retainage being withheld. The amount retained will approach zero (0) as the end
of the project is reached.
D. Contingency funds and owners guaranty.
(1)
The contingency item [ten percent (10%)] is
intended to cover unforeseen costs from any extras or changes in quantities or
types of materials used on the project.
(2)
The contingency amount can be used at the
Village's discretion to reimburse the inspection account or cover the cost of
overruns that occur on the project. The owner's guaranty [five percent (5%)]
assures the Village of funds to cover the legal and engineering costs or other
costs incurred from the transfer of the contract to another contractor for
completion.
(3) This combined amount [fifteen percent (15%)] also constitutes a
control figure which guarantees that certain items are completed, which
include: survey monuments in place, as-built maps delivered, warranty bond
established, final inspection completed and final acceptance by the Village of
public improvements has been made. (See Appendix C for format to be used by
subdividers in preparing monthly estimates.)
§ 125-11. Warranty of work and materials.
A.
Term of warranty. The subdivider shall warrant
all work performed and materials furnished against defect, failure, inadequacy
or breakage for a period of two (2) years
from the date of final
acceptance of the work by the
Village. Prior to the Village's
acceptance of the developer's work, the developer shall deliver to the Village
the developer's written warranty of the work, in form and substance
satisfactory to the Village Attorney, together with security for the
developer's obligations under the warranty, in accordance with the requirements
of § 125-11B below. In the event of such defect, failure, inadequacy or
breakage during said warranty period, the subdivider shall make the necessary
repairs or replacements within two (2) days of the mailing of written notice by
the Village. [Amended 6-5-1995 by L.L.
No. 4-1995]
B.
Security for the developer's warranty. Together
with the developer's warranty of the developer's work, the developer shall
deliver to the Village financial security in the form of a warranty bond or
letter of credit, in either case in form and substance satisfactory to the
Village Attorney, or cash to be deposited in escrow in accordance with terms of
an escrow agreement, in form and substance satisfactory to the Village
Attorney. The amount of the warranty bond, letter of credit or cash escrow
deposit shall equal twenty-five percent (25%) of the actual cost of the
construction of the infrastructure or improvements to be dedicated to the
Village, which actual cost shall be confirmed in writing by the Village
Engineer. [Amended 6-5-1995 by L.L. No.
4-1995]
C. Compliance
guaranty. Should the developer fail, neglect or refuse to so comply within the
specified time, the Village shall make the necessary repairs or replacements,
for the account of the developer, and deduct all costs therefor from the moneys
or securities being held by the Village to ensure compliance during the
warranty period.
§ 125-12. Release of warranty.
It shall be the subdivider's responsibility
to notify the Village forty-five (45) days prior to the expiration of the
warranty period. The Village will make a final inspection and establish a punch
list of work to be corrected as part of the warranty. The subdivider shall make
necessary repairs prior to completion of warranty period or the Village Board
may extend the warranty by six-month increments or may take the security and do
the work itself.
§ 125-13. Default on previously approved plat.
No plat shall be approved by the Planning
Board as long as the subdivider is in default on a previously approved plat.
§ 125-14. Issuance of permits.
No building/land use or Special Permit shall
be issued by the Village until and unless a letter of credit of an amount and
in a form satisfactory to the Village Attorney and Engineer have been
established, and until all easements have been approved by the Village Attorney
and Engineer and filed and recorded.
§ 125-15. Filing of approved final subdivision
plat.
A. Final
approval. Upon completion of the requirements in §§§ 125-8, 125-9, 125-10,
125-11 and 125-22D of these Subdivision Regulations, and notation of such
completion upon the final subdivision plat, the final subdivision plat shall be
deemed to have received final approval and shall be signed by the Chairman of the
Planning Board and shall be filed by the applicant in the office of the County
Clerk. [Amended 3-19-1991 by L.L. No.
6-1991[27]]
B. Filing.
[Amended 12-6-1988 by L.L. No. 6-1988]
(1) Any subdivision plat must be filed or recorded within sixty-two
(62) days of the date upon which such plat is approved or it shall become null
and void.[28]
(2) The Planning Board may extend the time for filing and recording
such plat beyond that permitted in Subsection B(1), if in its opinion such
intention is warranted by the particular circumstances thereof, for not to
exceed two (2) additional periods of sixty-two (62) days each.[29]
(3) Further extension.
(a) In the case of an approved subdivision plat
covering property which, at the time of approval, is located in an area for
which public sewer service is available and which plat has been designed for
such public sewer service, the Planning Board may further extend the time for
filing and recording such plat beyond that permitted in Subsection B(1) and (2)
if:
[1] In its opinion such intention is
warranted by the particular circumstances thereof; and
[2] Such circumstances include the inability of the
applicant to obtain the required approval of
the Tompkins County
Health Department and/or any other required governmental agency due to
the then unavailability of public sewer service to such property resulting from
a governmental determination temporarily prohibiting the connection of such
property or any portion thereof to the otherwise available public sewer system.
(b) Any such further extension granted by the
Planning Board under this Subsection B(3) shall not exceed three (3) additional
periods of sixty-two (62) days each beyond any previously granted extension
periods, such that the period of time during which the subdivision plat must be
filed or recorded shall not extend under any circumstances beyond a period of
three hundred seventy-two (372) days of the date upon which such plat is
approved.[30]
C.
Amendments to approved subdivision plats. [Amended 10-5-1992 by L.L. No. 3-1992]
(1)
No changes, erasures, modifications or revisions
shall be made in any subdivision plat after approval has been granted by the
Planning Board and endorsed in writing on the plat, unless the plat is
resubmitted, along with a written statement of the changes that the applicant
desires, to the Planning Board and such Board approves such changes in
accordance with the procedures outlined in Subsection C(2) below. In the event
that any final subdivision plat is recorded without complying with this
requirement, the same shall be considered null and void, and the Board shall
institute proceedings to have the plat stricken from the records of the
(2)
After the Planning Board has granted approval of
a final subdivision plat, minor changes, extensions or alterations of the plat
shall be permitted only after review and approval by the Planning Board; and
major changes, such as increased density or reduction of open space, shall be
permitted only after a public hearing, conducted in accordance with the terms
of § 125-8F, and review and approval by the Planning Board. The determination
whether a change to an approved final subdivision plat is a "minor
change" or a "major change" shall be made by the Planning Board
in its sole discretion. In the event that a developer desires to make any
change in an approved final subdivision plat, the developer shall deliver to
the Village, along with a written description of the desired change and request
for review by the Planning Board, a fee in an amount determined in accordance
with the fee chart at § 125-18E(1) of these Regulations, and the applicant
shall make an additional deposit to the escrow account held by the Village in
connection with the subject subdivision in an amount deemed by the Code
Enforcement Officer to be sufficient to reimburse the additional costs
resulting from the Village's consideration of the desired amendment.[31]
§ 125-16. Public streets and recreation areas.
A. Public acceptance
of streets.
(1) The approval by the Planning Board of a subdivision plat shall
not be deemed to constitute or be evidence of any acceptance by the Village of
any street, easement or other open space shown on such subdivision plat.
(2) Furthermore, in the event that the Village performs maintenance
or repair work on any proposed road indicated on a subdivision plat in a
situation reasonably deemed by the Village to be an emergency to which the
developer of the subdivision has not satisfactorily responded, such performance
shall not be deemed to constitute or to be any evidence of acceptance by the
Village of any such road. [Added
3-19-1991 by L.L. No. 6-1991]
B. Ownership
and maintenance of recreation areas. When a park, playground or other
recreation area shall have been shown on a plat, the approval of said plat
shall not constitute an acceptance by the Village of such area. The Planning
Board shall require the plat to be endorsed with appropriate notes to this
effect. The Planning Board shall also require the filing of a written agreement
between the applicant and the Village covering future deed and title,
dedication and provision for the cost of grading, development, equipment,
maintenance and liability of any such recreation area.[32]
§ 125-17. Application
of § 7-738 of the
Whereas, pursuant to resolution of the Board
of Trustees, the Planning Board is empowered to modify applicable provisions of
Chapter 145, Zoning, in accordance with the provisions of § 7-738 of the
Village Law for the purpose of enabling and encouraging flexibility of design
and development of land in such a manner as to promote the most appropriate use
of land, to facilitate the adequate and economic use of streets and utilities
and to preserve the natural and scenic qualities of open lands, the following
shall be the procedure and standards.
A.
Request of subdivider. A subdivider may request
the use of § 7-738 simultaneously with or subsequent to presentation of the
sketch plan in accordance with procedure described in § 125-5. Any submission
subsequent to preliminary approval of a plat shall require a reapplication for
sketch plan review.[33]
B.
Sketch plan. A subdivider shall present along
with a proposal in accordance with the provisions of § 7-738, a standard sketch
plan which is consistent with all the criteria established by these Subdivision
Regulations including streets being consistent with the street specification,
and lots being consistent with Chapter 145, Zoning.
C.
Purposes. This procedure shall be applicable only
to lands zoned for residential purposes, and its application shall result in a
permitted number of dwelling units which shall in no case exceed the number
which could be permitted, in the Planning Board's judgment, if the land were
subdivided into lots conforming to the minimum lot size and density
requirements of Chapter 145, Zoning, applicable to the district or districts in
which such land is situated and conforming to all other applicable
requirements; however, when projects lie in more than one (1) zoning district,
the Planning Board may permit the developer to cluster all the development
allowable onto any portion of the tract.[34]
D.
Structures allowed. The dwelling units permitted
may be, at the discretion of the Planning Board and subject to the conditions
set forth by the Board of Trustees, in detached, semidetached, attached or
multistory structures.
E.
Park, recreation, open space or other municipal
purposes. If the application of this procedure results in a plat showing land
available for park, recreation, open space or other municipal purposes,
directly related to the plat, then conditions as to ownership, use and
maintenance of such lands as are necessary to assure the preservation of such
lands for their intended purposes shall be set forth by the Planning Board.
F.
[Added
6/2/03 by L.L. No. 2-2003] Open
Space. For the purposes of the
provisions under this Section 125-17., open space “Open Space”) shall be
defined as follows: Open Space is
intended to provide light and air, and is designated for either environmental,
scenic or passive recreational purposes.
Open Space shall include land within the Conservation Combining District
and land that is undevelopable. Open Space shall not include driveways, parking
areas, streets and/or other surfaces designed for vehicular travel, nor shall
it include any land otherwise set aside for parks or other areas intended for
active recreational purposes as permitted and/or other areas intended for
active recreational purposes as permitted and/or required under the laws of the
State of New York. In no event shall any
area of a developable lot or any existing or future road right-of-way be deemed
Open Space.
In a
subdivision for which application has been made and approval granted under the
provisions of this Section 125-17., no less than 20% of the “developable area”
of the subdivision plat shall be designated as Open Space. For the purposes of these provisions,
“developable area” shall be the gross area of the subdivision less (I) streets
and/or other surfaces designated on the subdivision plat for vehicular travel
and (ii) any land designated on the subdivision plat as being set aside for
parks or other areas intended for active recreational purposes as permitted
and/or required under the laws of the State of new York. The Open Space so created must be clearly
labeled and noted on the subdivision plat so as to confirm (i) the use and
rights in the Open Space of the property owners in the subdivision, (ii) the
entity to which the Open Space is to be dedicated (e.g., a homeowners’
association), and (iii) the conditions of such dedication, all of which shall
be approved by the Planning Board. The
details as to the use and ownership of the Open Space are to be further set out
in a declaration or other written instrument, approved by the Planning Board
and recorded by the subdivider in the Office of the County Clerk concurrently
with the filing of the approved subdivision plat. Such open Space, or a portion thereof (not
less than the minimum 20% provided for above) designated by the Planning Board,
shall be preserved in perpetuity, and the Planning Board, as a condition of its
approval, may require an Open Space easement or other written instrument
running in favor of the Planning Board.
Any such easement or other written instrument running in favor of the
Village shall also be subject to the approval of the Village Board of Trustees.
Prior
to or simultaneously with the filing of the approved subdivision plat in the
Office of the County Clerk, and prior to the sale of any lots within the
subdivison, the subdivider shall form and organize the approved entity to which
the Open Space is to be dedicated (e.g., a homeowners’ association), which
entity and its organizational documents shall (i) include all owners of
property within the subdivision, (ii) provide for adequate contributions from
all property owners to cover ongoing maintenance, insurance, tax and other
common expenses for the Open Space, and (iii) otherwise satisfy the Planning
Board as to all other matters associated with the ownership and upkeep of the
Open Space and the governance of such entity.
In addition thereto, such entity and its governance shall at all times
be in compliance with all laws and regulations of the State of New York,
including, but not limited to, all rules and regulations of the New York State
Attorney General’s Office.
Notwithstanding anything to
the contrary set forth in this Section 314.06, all Village zoning requirements
relating specifically to setbacks shall apply to those portions of the
subdivision plat bordering adjacent parcels that are not part of such plat.
G. Plat submission. Upon determination that
such sketch plan is suitable for the procedures under § 7-738 of the Village
Law and subsequent to the resolution authorizing the Planning Board to proceed,
a preliminary plat meeting all of the requirements of the resolution shall be
presented to the Planning Board and thereafter the Planning Board shall proceed
with the required public hearings and all other requirements of these
Regulations.
H. Filing and notation on Zoning Map. On the
filing of a plat in the office of the County Clerk in which § 7-738 of the
Village Law has been used, the subdivider shall file a copy with the Village
Clerk who shall make appropriate notations and reference thereto on the Village
Zoning Map.[35]
The Clerk shall notify the Zoning Officer when such a plat is filed.
§ 125-18. Payment of fees. [Added 4-16-1991 by
L.L. No. 9-1991]
A. General provisions
regarding all fees.
(1)
The Planning Board shall hold no public hearing
nor take any action on, or in connection with, the consideration, review,
analysis, inspection, endorsement or approval of any application made pursuant
to these Regulations unless and until all applicable application fees, public
hearing fees and agenda processing fees have been paid in full to the Village
with receipt therefor provided to the Planning Board, and all applicable review
fees and inspection fees have been either paid in full to the Village with
receipt therefor provided to the Planning Board or deposited in full in escrow
with the Village, as hereinafter set forth, with evidence of such deposit
provided to the Planning Board. Notwithstanding the foregoing, and as detailed
elsewhere in this § 125-18, if at any point during the review or inspection
process either the amount paid or the amount deposited in escrow, as the case
may be, is determined by the Village to be inadequate, the applicant may pay,
or deposit in escrow, as the case may be, the amount necessary to eliminate the
inadequacy. In the event that the applicant fails to so pay or replenish the
escrow account, further action by the Planning Board shall be suspended until
the applicant has either paid the necessary amount or deposited the necessary
amount in the escrow account.
(2)
All fees shall be calculated in accordance with
this § 125-18 of these Regulations by the Zoning Officer or the Village Clerk.
If there exists any question as to the amount of a required application, public
hearing or agenda processing fee, the Zoning Officer, Village Clerk or the
Village Clerk's designee shall consult with the Village Engineer or the Village
Attorney and recalculate said fees in accordance with the recommendation of the
same; such recalculation of said fees shall be final. Questions regarding the
amount of required review and inspection fees shall be resolved in accordance
with Subsection A(5) below. All fees shall be collected by the Village Clerk or
the Village Clerk's designee who shall issue a receipt stating the purpose of
the payment or deposit in escrow. A copy of this receipt must be delivered to
the Planning Board along with the subject application as evidence of payment or
deposit in escrow of the required fees.
(3)
Notwithstanding any provision herein that might
be construed to the contrary, all application fees, public hearing fees and
agenda processing fees paid to the
Village in accordance with this § 125-18 shall be nonrefundable unless
miscalculated, and returned to the applicant should an application be
disapproved by the Village, reduced in scale by the applicant or otherwise
partially or wholly abandoned. Notwithstanding the foregoing, if a project is
reduced in scale as a requirement of the Village, the Village shall return to
the applicant any part of an application fee paid to the Village in excess of
the application fee that would be due on the reduced-scale project. All review fees
and inspection fees paid to the Village in accordance with this section shall
be nonrefundable unless miscalculated and except in accordance with the
provisions of Subsection A(6) below.
(4)
The fees payable in accordance with this § 125-18
shall compensate the Village for costs incurred in administration of
applications submitted to, and for review and inspection performed by, the
Village as required by and in accordance with applicable laws and regulations.
Such costs shall include only those incurred in the Village's performance of
such administration, review and inspection as is necessary or customarily
undertaken by the Village, acting through its officers, boards, commissions,
contractors, consultants or employees, taking into account the nature, scope,
costliness, size and impacts of the project.
(5)
At any time subsequent to the applicant's initial
submission to the Village of all materials constituting the application in
regard to a given project, and the applicant's payment of any applicable
application, public hearing and agenda processing fee, the applicant may
request and schedule a conference with the Zoning Officer of the Village to
review the balance of the fees to be incurred by the applicant during the
course of the Village's review, SEQRA-related review and inspection of the
project. In the event that the applicant questions any of the Zoning Officer's
determinations in regard to the setting of fees for the applicant's project
during this conference, the applicant shall prepare a written report stating
the Zoning Officer's position and the applicant's position on each question and
deliver a copy of said report to the Village Clerk for distribution to each
member of the Planning Board. In the event that such a report is received by
the members of the Planning Board, the Planning Board shall discuss the
questions presented in this report at the Planning Board's next regularly
scheduled meeting. The applicant shall be required to attend such meeting in
order to respond to any questions raised by the Planning Board as a result of
its review of the report. Any determinations made by the Planning Board as a
result of its discussion of the report during a Planning Board meeting shall be
final.
(6)
Notwithstanding any provision of this section to
the contrary, in the event that, following completion of the review,
SEQRA-related review or inspection performed by the Village in connection with
the subject project, the actual costs of the Village's review, SEQRA-related
review or inspection differ from the amount(s) originally required to be paid
or escrowed by the applicant in the form of review fees or inspection fees,
either the applicant shall pay, within thirty (30) days of notice of the same,
any additional amount necessary to cover the Village's actual costs, or the
Village, within ninety (90) days of determining the same, shall return to the
applicant any amount paid or escrow funds deposited by the applicant in excess
of the Village's actual costs, as the case may be. Once a project has been
completed, and the Village has received all fees due in accordance with the
provisions of this chapter, and, if necessary, has returned any sums due to the
applicant in accordance with this § 125-18A(6), the applicant and the Village
shall execute a written statement confirming that all required fees have been
paid in full to the Village; that the Village has no claim against the
applicant for any additional fees required to be paid in accordance with this §
125-18; and that the applicant has no claim against the Village for the return
of any fees paid in excess of amounts due and payable to the Village in
accordance with this § 125-18. This statement shall include an accounting of
the Village's collection of all fees delivered by the applicant and of the
Village’s use or application of all review and inspection fees paid by the
applicant.
(7) An escrow account shall be established by the applicant in favor of
the Village at a banking institution with offices in
(8)
If an escrow account is established hereunder, it
shall be a segregated account, and no funds other than those required to be
deposited in such account shall be commingled with the funds in such account.
(9)
For the purpose of determining fees for clustered
subdivision applications, the provisions of this section shall apply to such
projects as if each unit therein were an individual lot.
(10) Once a
fee has been
set in accordance
with § 125-18A(2), or modified
in
accordance
with § 125-18A(5), C(3) or D(3), or finally adjusted in accordance with §
125-18A(6), the Village Clerk or Zoning Officer shall deliver a written notice
of the same to the Board of Trustees, which notice shall state the name of the
applicant, the name and location of the project, a brief description of the
magnitude or scope of the project, the type of fee set, modified or finally
adjusted and the amount of such fee.
B. Application fees,
public hearing fees and agenda processing fees.
(1)
The application fee shall be a nonrefundable fee
paid at the time of submission to the Village of an application to cover expenses
related to the administration and processing of applications, including
preparation of agendas and public hearing notices, clerical processing and
preliminary processing of the application by planning, and/or legal and/or
engineering personnel. The application fee shall be as follows:
(a)
For submission of an application for a minor
subdivision in accordance with § 125-6 of these Regulations, one hundred
dollars ($100.).
(b)
For submission of an application for preliminary
plat approval for a major subdivision in accordance with § 125-7 of these
Regulations, one hundred dollars ($100.), plus ten dollars ($10.) for each
proposed lot.
(c)
For submission of an application for final plat
approval for a major subdivision in accordance with § 125-8 of these
Regulations, one hundred dollars ($100.), plus ten dollars ($10.) for each
proposed lot.
(2) The public hearing fee shall be paid as follows. At the time
that an application is filed with the Village for which a public hearing is
required, the applicant shall pay a public hearing fee to the Village in the
amount of fifty dollars ($50.) to defer the costs of publishing and mailing the
notice and application to appropriate parties, and the cost of transcribing the
proceedings relating to the application. If the public hearing continues for
more than one (1) meeting, necessitating republication and/or renoticing, an
additional public hearing fee in the amount of fifty dollars ($50.) shall be
paid prior to each continued public hearing.
(3)
If discussion of the application prior to the
Planning Board's approval or denial of the same continues for more than one (1)
meeting but the subsequent meetings do not require a public hearing, an agenda
processing fee in the amount of twenty-five dollars ($25.) shall be paid prior
to each additional meeting at which the
matter is continued without a public hearing.
(4)
Public hearing fees and agenda processing fees
may be waived in whole or in part, or may be modified by the Mayor, upon
approval of a majority vote of the Board of Trustees, for goog cause shown.
(5) In the case of applications for final plat
approval, the Planning Board, in its discretion, may waive the application fee
in those circumstances where final plat approval is granted simultaneously with
preliminary plat approval.
C. Review fees.
(1) The review fee is intended to cover the cost of staff and
professional services, including but not limited to costs for engineering,
planning, legal and other consultants, incurred by the Village in connection
with review of the submitted application materials for any preliminary and/or
final subdivision approval. The review fee shall be due and payable prior to
commencement of any review of the application.
(2) Review fee.
(a) The
review fee shall equal the minimum amount, as stated below, plus the actual
cost of review, as defined hereinafter. The minimum amount shall equal:
[1] One hundred dollars ($100.) for a review of
a minor subdivision application.
[2] Two hundred fifty dollars ($250.) for
review of an application for a preliminary plat for a major subdivision.
[3] Two hundred fifty dollars ($250.) for
review of an application for a final plat for a major subdivision.
(b) The
actual cost of review shall be equal to the total of all costs and expenses incurred
by the Village both for independent consultant services, legal services,
engineering services, planning services and/or any other services of outside
consultants or contractors, as well as for the time of Village staff
(administrative, engineering, planning, legal and other) devoted to reviewing
the applicant's submission. The costs for consultant's services and for staff
time shall be determined by multiplying the number of hours devoted to the
project times the respective hourly rates for each consultant or staff person
involved in the review, as such rates are charged to the Village or, in the
case of Village staff, as determined from time to time by the Village Board of
Trustees. For the purpose of determining the initial review fee to be delivered
by an
applicant to the Village, the
actual cost of review shall be estimated in accordance with the fee chart
provided at Subsection E of this § 125-18, and, as review progresses, the
review fee shall be adjusted as provided in Subsection C(3) below to reflect
the Village's actual cost of review.
(3) If at any time during the review process the Village, or its
consultants, estimate that the balance of review costs shall exceed the
estimated cost of review used to determine the initial review fee then
deposited in escrow, or paid to date, as the case may be, the Village Clerk or
the Zoning Officer shall notify the applicant of such excess. The applicant
shall add such sum to the escrow account, or pay such sum to the Village,
within ten (10) days of the date of such notification. The applicant shall not
proceed with any further work at the site of the project, and the Village shall
not be obligated to proceed with any further consideration of the project,
until the Village Clerk has verified that such sum has been paid or deposited
in the applicant's escrow account.
(4) The Village may credit unexpended escrow funds deposited, and
unexpended amounts paid, on account of the review fee against amounts due on
account of the inspection fee, where such is required.
(5) In determining the amount of the review fee, the following
provisions shall apply:
(a) As
part of the application for preliminary plat approval, the applicant's licensed
professional engineer shall provide to the Village a preliminary estimate of
the cost of improvements along with the other items required for a preliminary
plat application as set forth in these Regulations.
(b) As
part of the application for final plat approval, applicant's licensed
professional engineer shall provide to the Village a revised estimate of the
cost of improvements along with the other items required for a final plat
application as set forth in these Regulations.
(c) In
the case of all subdivision applications, the terms "cost of improvements,"
"improvement cost" or "project cost" shall mean the costs
of construction of all general site improvements (whether on or off the
specific site involved) to be constructed by applicant such as grading, roads,
drainage improvements, sewers, water lines and other similar items, but
excluding the cost of dwelling units to be constructed on the subdivided lots.
These terms shall herein be deemed to exclude land acquisition costs,
architects fees, engineering fees and other similar nonconstruction costs.
(d) The
applicant's engineer's estimates of the cost of improvements provided along
with the preliminary or final plat application shall be reviewed by the Village
Engineer, along with the balance of the information provided in the
application, in the course of the Village Engineer's determination of the
estimated cost of the improvements.
(e) An
estimate of the cost of improvements prepared by the applicant rather than by
the applicant's licensed professional engineer may be acceptable when, in the
judgment of the Village Engineer, such estimate is reasonably accurate.
(f) Not
later than thirty (30) days following submission of a complete application to
the Village, the Village Engineer shall prepare a written estimate of the cost
of improvements, along with a written calculation of the review fee, and
deliver the same to the Zoning Officer and the Village Clerk.
(g) The
Zoning Officer or Village Clerk then shall set the review fee in accordance
with the chart provided at Subsection E below and collect the same from the
applicant.
(6) In addition to any other costs and expenses included in the
Village's actual cost of review, the applicant shall reimburse the Village for
all actual costs and expenses incurred by the Village for review or preparation
of a draft and/or a final environmental impact statement, in any case that the
New York State Environmental Quality Review Act (SEQRA) requires such a
statement be prepared, as well as any other actual costs incurred by the
Village in fulfilling the requirements of SEQRA. Such costs may include the
cost of hiring consultants, the salary time of Village employees or the actual
disbursements incurred as a result of the review or preparation of an
environmental impact statement. In no event shall such costs exceed those
established under SEQRA nor shall such costs be calculated in any manner
contrary to the provisions of SEQRA.
(7)
In the event that the review fee exceeds one
thousand dollars ($1,000.), the applicant shall elect whether to pay the review
fee in full directly to the Village or to deposit such amount in escrow. Such
an escrow shall be established in accordance with all other escrow provisions
of this § 125-18.
(8)
The final plat for any subdivision shall not be
signed by the Planning Board chairman unless and until all review fees (and any
other fees due and payable to the Village to date) have been paid, or escrowed,
in full.
D. Inspection fees.
(1) In addition to any other
fees required to be paid by the applicant as described in this section, in any
case that the Village performs inspection of on-site or off-site improvements
or developments, the applicant shall pay to the Village a fee (the inspection
fee) to reimburse the Village for all actual costs incurred by the Village for
all engineering, planning and highway inspection, as well as all legal,
consulting, clerical and other consulting services used by the Village during
the inspection process. The inspection fee shall be due whether inspection is
performed in order to fulfill the requirements established by the Planning
Board or Board of Trustees pertaining to the specific project in question, or
whether inspection is performed to fulfill a general requirement of law or of
these Regulations. The inspection fee shall include costs incurred in
connection with inspections performed:
(a)
After final approvals have been given.
(b) In the
course of building permit issuance.
(c)
During the course of construction of any improvements including
buildings, roads and other improvements.
(d)
During the course of issuing any certificates of compliance or
occupancy.
(2) The
Village Engineer shall
provide a written estimate of the actual costs of
inspection
to the Zoning Officer and the Village Clerk and no later than thirty (30) days
following the Planning Board's final approval of any subdivision application.
The Village Engineer's estimate of the actual costs of inspection shall be
equal to not less than one-half percent (1/2%) of the estimated cost of
improvements, as such phrase is defined in Subsection C(5)(c) above. The Zoning
Officer or Village Clerk shall establish the inspection fee as equal to the
Village Engineer's estimate of the actual costs of inspection and collect this
fee from the applicant. The applicant shall deliver the inspection fee to the
Village not later than thirty (30) days following the date the applicant has
been notified of such inspection fee. In the event that the inspection fee
exceeds one thousand dollars ($1,000.), the applicant shall elect whether to
pay the inspection fee in full directly to the Village or to deposit such
amount in escrow. Such an escrow shall be established in accordance with all
other escrow provisions of this § 125-18.
(3)
If at any time during the inspection process the
Village, or its consultants, estimate that the balance of inspection costs
shall exceed the estimated cost of inspection used to determine the initial
inspection fee then deposited in escrow, or paid to date, as the case may be,
the Village Clerk or the Zoning Officer shall notify the applicant of such
excess. The applicant shall add such sum to the escrow account, or pay such sum
to the Village, within ten (10) days of the date of such notification. The
applicant shall not proceed with any further work at the site of the project, and
the Village shall not be obligated to proceed with any further consideration of
the project, until the Village Clerk has verified that such sum has been paid
or deposited in the applicant's escrow account.
(4)
Along with any application for final subdivision
approval, the applicant shall provide to the Village an estimate of the cost of
inspection by the Village, prepared by the applicant's licensed professional
engineer. This estimate shall be reviewed along with the other information
included in the application and in the prior review process in the course of
the Village Engineer's determination of the estimated actual cost of
inspection.
(5)
The inspection fee shall in no case be less than
two hundred fifty dollars ($250).
(6)
Where applicable or where required, no final
acceptance of proposed public improvements, and no final approval of site
construction or site improvements shall be made and no certificate of
compliance shall be issued, unless and until all inspection fees (and all
review or other applicable fees required in this section) have been paid in
full to, or fully escrowed with, the Village.
E. Calculation of
application fees, review fees and inspection fees.
[Amended 4-16-1991 by L.L. No. 9-1991[36]]
|
Type |
Application Fee |
Review Fee |
Inspection Fee |
||
|
Minor
subdivision application |
$100.00 |
$100.00, plus actual cost of review [see
Subsection E(2) below] |
Actual
cost of inspection [see Subsection E(3) below] |
||
|
Major
subdivision |
|
||||
|
Preliminary plat |
$100.00,
plus $10.00 per lot |
$250.00,
plus actual cost of review [see Subsection E(2) below] |
Actual
cost of inspection [see Subsection E(3) below] |
||
|
|
|
|
|
||
|
Final plat |
$100.00,
plus $10.00 per lot |
$250.00,
plus actual cost of review [see Subsection E(2) below] |
Actual
cost of inspection [see Subsection E(3) below] |
||
|
Plats/replats
whose sole purpose is to dedicate land for public use |
No
charge |
No charge |
No
charge |
|
|
|
Plat
reaffirmations |
$50.00,
plus $5.00 per
lot |
|
No
charge |
||
|
Amendment |
|
|
|
||
|
Minor |
$100.00 |
No charge |
No
charge |
||
|
Major |
$100.00,
plus $10.00 per lot |
$250.00 |
No
charge |
||
|
NOTE:
Public hearing fees for all types of applications shall equal fifty
dollars ($50.) per meeting requiring publication, and agenda processing fees
for all types of applications shall equal twenty-five dollars ($25.) per
meeting not requiring publication, as explained in greater detail in
Subsection B above. |
|||||
(2) Actual cost of review.
(a) The actual cost of review, for the purposes of
initially establishing the review fee in accordance with this § 125-18, shall
initially be estimated as equal to the sum of:
[1] The initial estimate of engineering review
costs, determined in accordance with Appendix B of these Regulations; plus
[2] The initial estimate of administrative
review costs, determined as equaling one-fourth of one percent (1/4 of 1%) of
the estimated cost of improvements; plus
[3] The initial estimate of legal review costs,
determined as equaling one-fourth of one percent (1/4 of 1%) of the estimated
cost of improvements.
(b)
Note that the initial estimate of the review fee
may be adjusted or modified in accordance with other provisions of this §
125-18, including but not limited to § 125-18C
(3)
Actual
cost of inspection. The actual cost of inspection, for purposes of
initially estimating the inspection
fee in accordance with this § 125-18, shall
initially be estimated as equal to not less
than one-half of one percent (1/2 of 1%) of the estimated cost of improvements,
as determined in accordance with, among other subsections, Subsection D(2)
above. Note that the initial estimate of the inspection fee may be modified or
adjusted in accordance with other provisions of this § 125-18, including but
not limited to § 125-18D(3).
ARTICLE III
General Requirements and Design Standards
§ 125-19. Standards to be minimum requirements.
In considering applications for subdivision
of land, the Planning Board shall be guided by the standards set forth
hereinafter. Said standards shall be considered to be minimum requirements and
shall be waived by the Board only under circumstances set forth in Article V
herein. The standards set forth
hereafter apply only to newly constructed or reconstructed streets.[37]
§ 125-20. Character
of land; conformity to Village Comprehensive Plan and specifications required.[38]
A. Character
of land. 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.
B. Conformity to
Village Comprehensive Plan[39]. Subdivisions shall be in harmony with the
Village Comprehensive Plan[40].
C. Specifications for required improvements.
All required improvements shall be constructed or installed to conform to the
Village specifications.
§ 125-21. Street and pavement design.[41]
A. Introduction.
(1)
Streets, sidewalks and pathways are important to
the developer because they can substantially affect the cost of land
development. They are important to the community because they must be
maintained in perpetuity. Both capital cost and maintenance costs can be
reduced if streets are economically designed and constructed; and this is true
not only of the pavement but also of the utilities such as water mains and
sewers which usually follow the length and configuration of the streets.
(2)
The Village Comprehensive Plan sets forth the
principles to be followed in designing the street system.[42] It contains maps which show the
recommended street design
for specific sections.
Developers should become familiar
with this material and must consult with the Village Planning Board in developing
the street system for any major subdivision.
B. Arrangement.
(1) Street systems shall be designed with due regard to the needs
for: convenient traffic access and circulation; traffic control and safety;
access for fire fighting, snow removal and street maintenance equipment; and
stormwater drainage and sewage disposal. Streets shall be designed to
accommodate the prospective traffic, and so arranged as to separate through
traffic from neighborhood traffic insofar as it is practicable.
(2) Future extensions.
(a) The streets in contiguous subdivisions shall be coordinated so as to compose a convenient system to include construction or extension, presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities.
(b) Where a subdivision adjoins undeveloped
land its streets shall be laid out so as to provide suitable future street
connections with the adjoining land when the latter shall be developed. A street thus temporarily dead-ended shall be
constructed to the property line and shall be provided with a temporary
turnaround of the same dimensions as for permanent dead-end streets if in
excess of two hundred (200) feet, with a notation on the construction plat
providing for temporary easements for the turnaround until such time as the
street is extended. These same
requirements shall apply
at the discretion of the Planning
Board in those cases where the adjoining land is another section of the same
subdivision and which is not scheduled for development at the same time.
(3) Streets shall be logically related to the topography, and all
streets shall be arranged so as to allow as many as possible of the building
sites at or above the grades of the streets. Grades of streets shall conform as
closely as possible to the original topography. A combination of steep grades
and sharp curves shall be avoided.
(4) Where a subdivision abuts on or contains an existing or proposed
primary street or other existing Village, County or State highway, the Village
may require marginal access streets, reverse frontage with screen planting
contained in a nonaccess reservation along the rear property line, deep lots
with or without 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.[43]
(5) Where a subdivision borders on or contains an existing or
proposed railroad right-of-way or controlled 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
business, 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 separation.
(6) Subdivisions containing twenty (20) or more lots shall have at
least two (2) street connections with existing public streets or streets on the
approved subdivision plat.
(7) Reserve strips of land shall not be left between the end of a
proposed street and an adjacent piece of property. Where a street does not
extend to the boundary of the subdivision and its continuation is not needed
for access to adjoining property, it shall be separated from such boundary by a
distance sufficient to accommodate a lot meeting the requirements of Chapter
145, Zoning. However, the Planning Board may require the reservation of a
twenty-foot-wide easement for pedestrian or bicycle traffic or for utilities.
C. Street
types. The terms of this Subsection C are not intended, and shall not be
construed, to alter or modify the requirements set forth in Chapter 145,
Zoning, § 145-20 pertaining to the permitted number, size and type of curb cuts
on roads within the Village. [Amended
12-20-1993 by L.L. No. 18-1993]
(1) Culs-de-sac, dead ends and other roads not defined elsewhere.
Culs-de-sac, dead ends and any other street or road not defined in Subsections
C(2) through (8) below shall service only local traffic to provide access to a
street or road type defined in Subsections C(2), (3) and (4) below. Examples of
existing culs-de-sac in the Village are
(2) Local service and access roads. Local service and access roads
shall provide connections between driveways on private property and the
secondary and primary roads of the Village and surrounding municipalities.
Through traffic shall not be permitted on this type of street, and speed limits
on this type of street should not exceed thirty (30) miles per hour. The design
and construction of this type of street should be related to its functions, as
described in this subsection, and shall be as detailed in Section 1 of Appendix
D.[45]
Local service and access roads are intended to be relatively quiet,
neighborhood streets. Examples of existing local service and access roads in the Village are
(3)
Secondary roads. Secondary roads shall provide
connections between one part of the community and another, and are intended to
channel the flow of traffic from residential neighborhoods and/or commercial
centers to the primary road system. On secondary roads, truck traffic and
traffic passing through the Village is intended to be minimal, and speed limits
shall not exceed thirty (30) miles per hour. Secondary roads must be designed
with the expectation that interruptions to traffic flow, resulting from entry
to and exit from driveways, shall be frequent and expected by traffic traveling
on such roads. Examples of existing secondary roads in the Village include
(4)
Primary roads. Primary roads are intended to
carry a heavy volume of traffic, with a large percentage of such traffic
traveling from one community to another, to an employment center (such as
Cornell University) or to a commercial center (such as Pyramid Mall), rather
than exclusively within the Village. Speed limits on primary roads may, in some
cases, exceed thirty (30) miles per hour. Traffic flow on primary roads may be
interrupted by traffic control devices such as traffic control signals, stop
signs and turning lanes. Although existing primary roads in the Village, in
some cases, provide access to driveways on private property, no future
development of driveways from private property to a primary road shall be
permitted except in accordance with specific approval from the Village Planning
Board. Examples of existing primary roads in the Village include New York State
Route 34,
(5)
Regional arterial access roads. Regional arterial
access roads are controlled-access roads with limited intersecting roads, designed
to carry the heaviest volume of traffic of all road types. New York State Route
13 is the only regional arterial access road in the Village.
(6)
Private roads and drives. Private roads and
drives are those in which ownership is retained by the property owner(s). They
must provide for adequate access and traffic circulation, drainage, maintenance
and ability to support expected traffic loads.
(7)
Service streets or loading space. Service streets
or loading space provide rear access for commercial use.
(8) Half streets. Half streets are areas of land reserved for future
development of a street, of which only half the required width for the proposed
street is located in the subdivision (along a boundary of the subdivision).
They are deemed essential to the reasonable development of the subdivision in
conformity with the other requirements of these Regulations, and the dedication
of the other half will be required when the adjoining property is subdivided.[47]
(9) Minimum maintenance roads.
Special service roads, maintained by the municipality.[48]
D. Improvements.
(1)
In addition to the required improvements
specifically referred to elsewhere in these Regulations, plats shall provide
for all other customary elements of street construction and utility service
which may be appropriate in each locality as determined by the Village. Such
elements may include, but shall not be limited to, street pavement, signs,
trees, gutters, stormwater collection facilities, inlets, manholes, curbs,
sidewalks, streetlighting standards, water mains, fire hydrants, fire alarm
signal devices and sanitary sewers.[49]
(2)
All street improvements and other construction
features of the subdivision shall conform to Village specifications which may
be established from time to time and shall be subject to approval as to design,
specifications and construction by the Village Engineer.
(3)
Pedestrian and bicycle easements shall be
improved as required by the Planning Board.
(4)
All streets shall be named, and such names shall
be subject to the approval of the Planning Board and Board of Trustees. Names
shall be sufficiently different in sound and spelling from other street names
in the County so as not to cause confusion.
(5) Walkways shall be provided in accordance with the Village’s
Walkway Policy and Plan.[50]
(6) The developer shall take adequate measures to preserve desirable
existing trees in suitable locations within
the development. In general,
the street right-of-way shall be
cleared of existing trees, except that existing trees may be preserved and
additional trees planted within the street right-of-way with the approval of
the Village Planning Board following an on-site inspection by at least one (1)
member of the Planning Board and after receiving a recommendation from the
Superintendent of Public Works where it
deems that such trees are desirable and constitute no hazard to the public.[51]
[Amended 5-17-1993 by L.L. No. 8-1993]
(7) Fire hydrants shall be installed 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
(8) Streetlighting facilities shall be in conformance with the
lighting system of the Village. Such lighting standards and fixtures shall be
installed after approval by the appropriate power company and the authorized
Village Electrical Inspector and recommended by the Village’s Lighting
Commission.[52] [53]
E. Utilities.
(1) 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.
(2) Where topography is such as to make impractical the inclusion of
utilities within the street rights-of-way, perpetual unobstructed easements at
least twenty (20) feet in width 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.[54]
§ 125-22. Maintenance of roadway.
A.
The developer shall be responsible for
maintaining and protecting the roadway and temporary cul-de-sac and/or
turnaround during the warranty period.
B.
If subsequent subdivision sections are built
utilizing the roadway for access and/or haul road during construction, the
developer shall be responsible for special maintenance provisions. These
provisions could be placing or replacing topping, periodic cleaning and
flushing of the road surface and repair of any structural damage.
C.
The developer shall submit a schedule of his
proposed road maintenance program to the Village Engineer indicating how the
roadway will be maintained, a timetable for the proposed maintenance and an
estimate of cost. This schedule shall be reviewed and approved by the Village
Engineer and shall become part of the project work. The approved estimated
amount for maintenance shall be included in the letter of credit.
D. Agreement by
developer required. [Added 3-19-1991 by
L.L. No. 6-1991]
(1) Following the approval of the preliminary
subdivision plat by the Planning Board, and prior to the granting of approval
of the final subdivision plat by the Planning Board, the developer shall
execute and deliver to the Village an agreement in form and substance
satisfactory to the Village and to the Village's Attorney confirming the
developer's obligation to maintain and repair all proposed roads within the
subdivision through the date of acceptance of said roads by the Village as public
roads and conveyance to the Village of
satisfactory title to
such roads. This
agreement shall provide, among
other things:
(a) For
the Village in an emergency situation to enter upon the subdivision premises in
order to perform road maintenance and repair which the developer has failed to
satisfactorily perform;
(b)
That the Village shall be entitled to recover all
expenses, plus an administrative fee equal to twenty-five percent (25%) of such
expenses, incurred in performing any such actions in accordance with the terms
of the letter of credit established under § 125-9 of these Subdivision
Regulations; and
(c)
That the developer shall indemnify the Village
and hold the Village harmless from and against any costs, expenses, damages or
claims incurred by the Village as a result of its performance of such actions.
(2) The road maintenance and repair work that
the developer is obligated to perform in accordance with these Subdivision
Regulations and in order to comply with the terms of the agreement required
pursuant to this subsection shall be performed to such standards as have been
established by the Village at the time in question for the Village's roads, and
shall include, but shall not be limited to, snow and ice removal and
application of sand and/or salt to the proposed roads in the subdivision.
§ 125-23. Temporary cul-de-sac or turnarounds.
A.
In areas where a temporary cul-de-sac or
turnaround is proposed, the developer shall provide sufficient details on the
plan showing the road section, dimensions of the roadway and the materials
proposed.
B.
The cul-de-sac or turnaround shall comply with
materials shown in Figure 1[55],
except topping could be omitted.
C. The
developer shall provide cost in the letter of credit to cover the cost of
proposed temporary construction.
§ 125-24. Lots.
A. Sizes and
configuration.
(1)
Minimum size.
(2)
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.
(3) 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 Planning Board may require that streets and
lots be laid out so as to permit future resubdivision in accordance with the
requirements contained in these Regulations.
(4) Block size. Blocks generally shall not be less than four hundred
(400) feet nor more than one thousand two hundred (1,200) feet in length. In
general, no block width shall be less than twice the normal lot depth. In
blocks exceeding eight hundred (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 and bicycle
traffic where needed or desirable and may further specify, at its discretion,
that a six-foot-wide paved footpath be included.
(5) 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.
B. Access.
(1) Driveway access. Driveway access and grades shall conform to
specifications of the Village. Driveway grades between the street and the
setback line shall not exceed ten percent (10%).
C.
Lots to be buildable. The lot arrangement shall
be such that in constructing a building in compliance with Chapter 145, Zoning,
there will be no foreseeable difficulties for reasons of topography or other
natural conditions. Lots should not be of such depth as to encourage the later
creation of a second building lot at the front or rear.
D. Site preparations.
(1) Approval. Any cleaning, grading and/or shaping of the topography
for nonagricultural purposes must have prior approval of the Planning Board and
the Village Engineer, and is subject to the same restrictions and reviews as
are subdivisions.
(2) Topsoil. If any topsoil is removed from its natural position in
the process of grading the subdivision site, such topsoil or other material as
approved by the Planning Board shall be replaced to a depth approximately
equivalent to that existing prior to such grading, except in street, driveway
and foundation areas.
E. Monuments,
bench marks and lot corner markers. Permanent monuments and one (1) or more
bench marks meeting specifications approved by the Engineer as to size, type
and installation shall be set at block corners, angle points, points of curves
in streets and other points as the Engineer may require, and their location
shall be shown on the subdivision plat.
F. Natural
features and preservation. 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, beaches, historic spots, vistas and similar
irreplaceable assets.
(1) Existing trees. No tree with a diameter of six (6) inches or
more as measured three (3) 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, except for dead or diseased trees. In no
case, however, shall a tree with a diameter of six (6) inches or more as
measured three (3) feet above the base of the trunk be removed without prior
approval by the Planning Board.
(2) Shade trees. The Board shall require on all new streets one (1)
hardwood shade tree to be planted at least six (6) feet from the street
right-of-way, on the owner's side, at intervals of not less than one hundred
(100) feet along both sides of said street.
G. Erosion
prevention. All work shall comply with Chapter 124 of the Village Code- Village
of Lansing Stormwater Management, Erosion and Sediment Control Law.
H. Stream
protection. All streams designated on the
I. 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.
§ 125-25. Removal of springwater, surface water
and subsurface water.
All subdivision plans shall be related with
natural drainage pattern and comply with Chapter 124 of the Village Code-
Village of Lansing Stormwater Management, Erosion and Sediment Control Law.
§ 125-26.
Recreational Land. [Amended
11-4-1996 by L.L. No. 2-1996]
A. Recreational
Areas Shown on the Village Greenway Plan.
(1) In
the event that a park, playground, trail, path, route or other recreational
area is shown on the Village Greenway Plan, and all or any portion of such
recreational area is located within a property proposed to be subdivided for
recreational purposes, the subdivision plat for such property must show either
(a) such recreational areas or (b) an area or areas that do not currently
appear on the Village Greenway Plan but, if substituted for the areas within
the property to be subdivided shown on the Village’s Greenway Plan, would be
comparable in total area and would be likely to accomplish the goals and
purposes of the Village’s Greenway Plan, in accordance with the requirements of
this Section 125-26. These recreational
areas shall be referred to as the “Subdivision’s Greenway Area.” The Planning Board may require that the
Subdivision’s Greenway Area be reserved for recreational purposes (at least to
the extent of the minimum Recreational Area, as defined in Section C below),
provided that the Planning Board has made a finding in the course of its review
of the proposed residential subdivision that a proper case exists for requiring
such area for recreational purposes.
In making this finding, the
Planning Board shall consider that (a) all areas identified in the Greenway
Plan as constituting a part of the Greenway are intended to be suitable for
recreational land within the Village and that (b) present and anticipated
future needs for park and recreational facilities within the Village, based on projected
population growth to which the particular subdivision shall contribute,
indicate that all portions of the proposed Greenway are suitably located for
recreational purposes within the Village.
In order to confirm these findings, the Planning Board shall investigate
the proposed area, which investigation shall include, but may not be limited
to, an on site visit by a member of either the Planning Board or Greenway
Committee.
B. Recreational Areas Not Shown on the Village
Greenway Plan.
In the event that (1) a property
proposed to be subdivided for residential purposes does not include any park,
playground, trail, path, route or other recreational area shown on the Village
Greenway Plan, or (2) the Subdivision’s Greenway Area is less than the Minimum
Recreational Area (as defined in Section C below), or (3) the Planning Board
determines in the course of its review of the proposed residential subdivision
plat, that the Subdivision’s Greenway Area is either (a) not suitable for
recreational land within the Village and/or (b) not suitably located for
recreational purposes within the Village, then the Planning Board may require
that the proposed subdivision plat show proposed alternative recreational
areas. These alternative or additional
recreational areas shall be referred to as the “Alternative Recreational
Area.” The Planning Board may require
that such Alternative Recreational Area be shown as recreational area on the
plat provided that the Planning Board has made a finding in the course of its
review of the proposed residential subdivision that (a) such Alternative
Recreational Area is suitable for recreational land within the Village and that
(b) present and anticipated future needs for park and recreational facilities
within the Village, based on projected population growth to which the
particular subdivision shall contribute, indicate that such Alternative
Recreational Area is suitably located for recreational purposes within the
Village.
C. Calculation of Amount of Property to be
Identified as Recreational Areas.
(1) Proposed
subdivision plats for residential property are required to show recreational
area having a total acreage of not less than one (1) acre for every thirty (30)
dwelling units, or lots proposed to be developed with thirty (30) dwelling
units, or six (6%) percent of the total acreage of the entire property to be
subdivided, whichever result is greater.
This required acreage shall be referred to as the “Minimum Recreational
Area”.
(2) In
the event that the Subdivision’s Greenway Area has a total acreage of less than
the Minimum Recreational Area, the Planning Board may require (after making the
findings set forth in Section B above) that subdivision plat must show
Alternative Recreational Area, the acreage of which, together with the
Subdivision’s Greenway Area, equals the Minimum Recreational Area. In the event
that the Subdivision’s Greenway Area exceeds the Minimum Recreational Area, the
subdivision plat shall specifically identify the portion of the Subdivision’s
Greenway Area in excess of the Minimum Recreational Area. If the property proposed to be subdivided
does not include any portion of the Village Greenway, and the Planning Board
has required that the plat show Alternate Recreational Area, the acreage of the
Alternative Recreational Area must be not less than the Minimum Recreational
Area.
(3) If
the Subdivision’s Greenway Area exceeds the Minimum Recreational Area for the
proposed subdivision, the developer/applicant and the Village shall use good
faith efforts to reach agreement concerning the incorporation into the Greenway
of the excess property in the Subdivision’s Greenway Area above the Minimum
Recreational Area.
D.
Fees in Lieu of Recreational Area.
(1) Only
in the event that the Planning Board, in its sole judgment, determines after
due inquiry in accordance with the terms of this Section 125-26, that the
property described on the proposed subdivision plat does not include (a) any
areas(s) suitable for recreational purposes or (b) enough area to equal the
Minimum Recreational Area suitable for recreational purposes, whether on
account of the topography, location or size of potential recreational area, or
the proximity of such area to existing or planned sections of the Village
Greenway, or otherwise, then the
Planning Board is authorized to require that the applicant/developer pay a fee in accordance
with the
provisions of Section D. In
such event, the applicant/developer must, at its expense, (a) file in
Miscellaneous Records in the Tompkins County Clerk’s Offices a written notice
of the requirement for the payment of such fee and the amount to be
paid, which notice is indexed to the
deed to the subdivision property; (b) deliver to the Village the
filing receipt therefor; (c) add to the final subdivision
plat a note confirming the requirement for payment of said fee and the amount
to be paid, and (d) once the fee has been paid, record in the Tompkins County Clerk’s Office a
notice signed by the Village Mayor or Treasurer confirming receipt of such
payment.
(2) The fee required in lieu of recreational area shall equal Seven
Hundred Fifty and 00/100 ($750.00) Dollars multiplied by the total number of
dwelling units permitted to be developed within the subdivision as proposed by
the developer, minus the number of existing dwelling units and unimproved,
separate lots or parcels within the subdivision property before
subdivision occurs. The
applicant/developer shall deliver payment in full of this fee in advance of the
Planning Board Chairman’s signing the final subdivision plat, however, the
applicant/developer may defer payment of this fee, at the applicant/developer’s
discretion, by delivering to the Village, prior to the Planning Board
Chairman’s signing the final subdivision plat, a letter signed by the
applicant/developer confirming the applicant/developer’s agreement to pay such
fees in installments as follows. If the
applicant/developer elects to pay this fee in installments, an installment in
the amount of Seven Hundred Fifty and 00/100 ($750.00) Dollars per new dwelling
unit shall be due and payable prior to the issuance of the building permit for
the construction of each one of the dwelling units to be developed within the
subdivision. The Planning Board Chairman
shall not sign the final subdivision plat until either said fee or said letter
has been delivered to the Village. The
Code Enforcement Officer shall not issue a building permit for construction of
any dwelling units within the subdivision until such fee has been paid as
stated above.
(3)
In the case of a subdivision in which the
Planning Board has determined that the proposed subdivision plat includes some
Subdivision Greenway Area and/or Alternative Recreational Area that is to be
designated as such on the final plat in accordance with this Section 125-26
(collectively, the “Total Recreational Area”), but the Total Recreational Area
is less than the Minimum Recreational Area, then the applicant/developer shall
pay a fee, based upon the calculation made in accordance with Subsection D(2)
above, in lieu of the difference between the Total Recreational Area and the
Minimum Recreational Area. This fee
shall equal the fee for the entire subdivision calculated in accordance with
subsection D(2) above, multiplied by a fraction, the numerator of which is the
difference between the Total Recreational Area and the Minimum Recreational
Area , and the denominator of which is the Minimum Recreational Area.
(4)
Notwithstanding any term or provision of this
Section 125-26 to the contrary, in no case shall the fee calculated in
accordance with subsection D(2) above equal more than six (6%) percent of the
cumulative value of the entire property that is the subject of the subdivision,
which value is calculated on the basis of the requested subdivision approval
having been granted. In the event that
the applicant/developer believes that this limit would be exceeded by the
calculation made in accordance with subsection (2) above, the
applicant/developer may present to the Planning Board competent financial data,
which must include a currently dated appraisal by a licensed real estate
appraiser, supporting the conclusion that the fee exceeds six (6%) percent of
the value of the subdivision property as stated in the applicant/developer’s
appraisal. In such event, the
applicant/developer may pay the fee in installments, as indicated in subsection
(2) above, but each installment shall equal the total fee to be paid divided by
the number of dwelling units permitted to be developed in the subdivision.
(5)
The Village shall deposit all fees received in
accordance with the terms of this Section into a trust fund to be used by the
Village exclusively for park, playground or other recreational purposes
anywhere within the Village, including the acquisition of property for
recreational purposes, the improvement and maintenance of property for
recreational purposes, the improvement of existing recreational areas in the
Village and the development of the Village Greenway.
E. Exception for Subdivisions Resulting Only in
The terms of this Section 125-26 shall not
apply in any case of a subdivision of
residential property that shall result in the creation of no new lots,
but is intended only to modify, alter, shift or rearrange the locations of the boundary
lines of existing lots. As an example of
a situation to which this exception would apply, in the event that the owners
of two adjoining parcels wish to add property from one parcel to the other,
resulting in the boundary line between the two lots being shifted, and as a
result of such actions subdivision approval is required although no new lot is
created, the terms of this Section 125-26 would not apply to such subdivision
approval process.
F. Reservation of Recreational Area by
Dedication or Other Means.
(1)
In the event that the applicant/developer shall convey to the Village fee title
to the recreational area depicted on the final subdivision plat, title shall be
conveyed in unencumbered, marketable condition.
Prior to conveyance, the applicant/developer shall deliver such title
and other documentation, including an updated title abstract, certified survey
map, draft deed and tax searches, as may be required by the Village
attorney. Such requirements shall not
exceed those imposed in connection with the dedication of a road to the
Village.
(2)
The applicant/developer may, in lieu of conveyance of fee title and with the
Planning Board’s consent, convey to the Village an easement, right-of-way, or
other interest approved by the Planning Board, to the required recreational
area, in form and substance satisfactory to the Village attorney. In such event, the applicant/developer’s
conveyance of an easement, right-of-way or other interest shall, among other things,
be unencumbered or delivered together with the consent of any mortgagee or
other party having a prior interest in such property, shall be permanent and
shall enable the development, use, maintenance and repair of the recreational
area substantially in the same manner as if fee title to the recreational area
had been conveyed to the Village.
(3)
Prior to the applicant/developer’s conveyance to the Village of either fee
title or an easement, right-of-way or other interest in or to the recreational
area, the applicant/developer shall, at its expense, remove from the area to be
conveyed all man-made structures or items, including, but not limited to, all
construction debris, as well as any fallen trees, unless directed otherwise by
the Planning Board. This requirement
shall not obligate the applicant/developer to clear any living trees or other
growth from the recreational area, or to grade, cut or fill the recreational
area.
(4) Whether
the applicant/developer conveys to the Village fee title to the recreational
area, or an easement, right-of-way or other interest in such area, such
conveyance shall be completed, to the satisfaction of the Village’s attorney,
prior to the issuance of the first building permit for the construction of any
dwelling unit within the subdivision.
G. Requirements for Subdivision Plat.
The subdivision plat shall include,
in addition to the description of the boundary of the recreational area, each
of the following features:
(1) the
metes and bounds of all boundaries of the area, including length and bearings
of all lines and radii, lengths, arc lengths and bearings of chord distances of
all curves;
(2) existing
natural and topographical features, such as bodies of water, trees, rock
outcroppings and any structures;
(3) existing,
and if applicable, proposed changes in grade and contours of the area and the
immediately adjacent areas;
(4) a
description of the improvements to be made to the recreational area, by the
developer, if any, detailing, at a minimum, any construction of improvements to
the surface of the recreational area; and
(5) any
notation of fees required to be paid by the applicant/developer in lieu of
recreational property in accordance with subsection D(1) above.
§ 125-27. Compliance required; inspections;
completion.
A. Purpose.
The purpose of these specifications is to assure that streets, utilities and
parks which are to be turned over to the Village for maintenance shall be so
constructed as to cause a minimum of maintenance and a maximum of benefit to
the Village. Failure of the developer, his agents, employees or subcontractors
to comply shall be considered sufficient cause by the Village not to accept the
street, utilities and parks or any portion thereof for dedication until all
work is satisfactory.
B. Inspection.
(1) All construction shall at all
times be subject to
inspection by the Village.
The work may be stopped
when the developer or his contractor has no competent foreman in charge of the
work, or when the work or materials does not meet these specifications or when
circumstances are such that continuance of that phase of the work would not be
in the best interest of the Village.
(2) Costs incurred for inspection services shall be borne by the
developer, and sufficient funds shall be part of the letter of credit.
(3) Failure of the Village to reject improper work or inferior
material during construction shall not be considered as, nor imply, final
acceptance. If subsequent inspection, operation or circumstances cause defects
to become evident, the developer shall make, or cause to be made, such cuts or
other exposures of the work as may be required to determine the cause of such
defects. Such defects shall then be corrected to the satisfaction of the
Village at the expense of the developer.
(4) At least five (5) days prior to commencing construction of the
required improvements the subdivider shall notify the Village Engineer, in
writing, of the time when he proposes to commence construction of said
improvements.
C.
Responsibility for work. The developer is solely responsible to the
Village for proper construction of streets, utilities and parks. It will
normally be of benefit to both the developer and the Village to have municipal
representatives deal directly with the developer's contractors where such are
employed, both as a matter of expediency and to avoid needless liaison.
Nevertheless, such action shall not be construed as relieving the developer of
his prime responsibility to the Village.
D. Safeguarding
existing utilities, other property and persons.
(1) The developer, or his contractor where work and responsibility
have been so delegated, shall locate all existing sewers, water mains,
underground conduits, gas mains or other utilities in the work area prior to
commencing operations. Appropriate utility officials shall receive prior notice
of intent to start construction, and their recommendations and orders shall be
followed.
(2) Care shall be taken to protect persons and property, as well as
to avoid potentially hazardous conditions or nuisances. The developer and his
contractor shall comply with all stipulations of the Occupational Safety and
Health Act of 1970, and all revisions and amendments thereof.
E. Stake out.
(1) All construction work shall be properly staked out by competent
personnel in accordance with the approved plan. Such stake out shall be in
sufficient detail to ensure correct elevations of tops of structures, proper
crowns, slopes and alignments.
(2) Where pavement base courses or subgrades are left unfinished
during the winter, they shall be restaked in the spring and regraded
accordingly.
F. Protection
of uncompleted work. Where work is left uncompleted, because of weather or
other reasons, it shall be protected. Road beds shall be left well drained,
sanitary sewers (and storm drains where applicable) shall be so protected that
surface water, mud, silt and debris cannot enter. Sewer laterals, water
services and valves shall be suitably marked with stakes and shall be
protected.
G. Final
drawings. Prior to acceptance of the utilities by the Village the developer
shall submit an as-built plan. This plan shall be drawn to scale and shall
indicate by dimensions, angles and distances, as applicable, the location of
sewer and drain Y-branches, laterals, septic tank cleanouts, manholes, catch
basins, hydrants, valves, curb shutoffs, road profiles and center line
elevations and final grading plan showing swales and ditches. The plan shall
show easements and dedicated roadways. As-built plans shall be submitted to the
Village on a reproducible Mylar or equivalent.[57]
H. Full completion of
work and cleanup.
(1) Prior to acceptance of the utilities by the Village, the
developer shall fully complete the work and leave the site in a neat and
orderly condition. Slopes, drainageways and other graded areas shall be fully
stabilized by planting grass or other vegetation or by such means acceptable to
the Village.
(2) Grading between adjacent lots as well as between lots and the
street area shall have a continuity without abrupt changes in elevation or
unfinished ground surface.
(3) All areas shall be so graded that runoff from higher elevation
lots does not create a nuisance on lower elevation lots. To this extent lots
shall normally be graded to drain front-and-back with street gutters taking the
front drainage and shallow swales taking the back-lot-line drainage.
(4) Valve boxes, manhole covers and curb shutoff boxes shall be left
at a proper elevation.
I. Permits.
The developer shall obtain from the proper authorities all necessary permits for
building or blasting or construction work within public streets.
J. Modification
of design of improvements. If at any time before or during the construction of
the required improvements it is demonstrated to the satisfaction of the Village
Engineer that unforeseen conditions make it necessary or preferable to modify
the location or design of such required improvements, the Engineer may, upon
approval by a previously delegated member of the Planning Board, authorize
modifications, provided that these modifications are within the spirit and
intent of the Planning Board's approval and do not extend to the waiver or
substantial alteration of the function of any improvements required by the
Board. The Engineer shall issue any authorization under this section in writing
and shall transmit a copy of such authorization to the Planning Board at their
next regular meeting.
ARTICLE IV
Documents to be Submitted
§ 125-27.1. Applicant/developer's
mortgagee's consent. [Added 4-17-1995 by L.L. No. 2-1995]
In the event that the property that is the
subject of the requested subdivision approval, or any part thereof, is
encumbered with a mortgage, or other similar lien or security interest, at the
time that subdivision approval is being requested, the applicant/developer
shall deliver to the Village, in advance of the Planning Board Chairman's
signing the final subdivision plat, an original document in recordable form,
executed and acknowledged by the mortgagee or lienholder, including the
following. This document shall state the mortgagee's acknowledgment of the
proposed subdivision of the subject property, together with the mortgagee's
consent to the subdivision, and the document shall include either waiver of the
mortgagee's rights to foreclose against the Village's approval of the
subdivision, even though subdivision approval is placed on record subsequent in
time to the recording of the mortgage, or the mortgagee's subordination of its
rights under its mortgage to the Village's subdivision approval. In these
cases, the Planning Board Chairman shall not sign the final plat until such
time as said document has been delivered to the Village and approved by the
Village Attorney.
§ 125-28. Sketch plan submission; contents.[58]
The sketch plan initially submitted to the
Planning Board shall be based on tax map information or some other similarly
accurate base map at a scale [preferably two hundred (200) feet to the inch] to
enable the entire tract to be shown on one (1) sheet. Ten (10) copies of the
sketch plan shall be submitted, showing the following information:
A. The
location of that portion which is to be subdivided in relation to the entire
tract, and the distance to the nearest existing street intersection.
B. All
existing structures, wooded areas, streams and other significant physical
features, within the portion to be subdivided and within two hundred (200) feet
thereof. If topographic conditions are significant, contours shall also be
indicated at intervals of not more than ten (10) feet.
C. The
name of the owner and of all adjoining property owners as disclosed by the most
recent municipal tax records.
D.
The tax map sheet, block and lot numbers, if
available.
E.
All the utilities available, and all streets
which are either proposed, mapped or built.
F.
The proposed pattern of lots (including lot width
and depth), street layout, recreation areas, systems of drainage, sewerage and
water supply within the subdivided area.
G.
All existing restrictions on the use of land
including easements, covenants or zoning districts.
§ 125-29. Minor subdivision plat submission;
contents.[59]
The developer shall submit ten (10) copies of
the subdivision plat. The plat shall include the following information:
A. A
copy of such covenants or deed restrictions as are intended to cover all or
part of the tract.
B. An
actual field survey of the boundary lines of the tract, giving complete
descriptive data by bearings and distances, made and certified to by a licensed
land surveyor. The corners of the tract shall also be located on the ground and
marked by monuments as approved by the engineer, and shall be referenced and
shown on the plat.
C. All
on-site sanitation and water supply facilities shall be designed to meet the
minimum specification of the State Department of Health, and a note to this
effect shall be stated on the plat and signed by a licensed engineer. D. Proposed subdivision name, name of the Village
and the Town and County in which it is located.
E. The
date, North point, map scale, name and address of record owner and subdivider.
F. The
plat to be filed with the
§ 125-30. Major subdivision preliminary plat and
accompanying data.
The following documents shall be submitted
for approval:
A. The developer shall
submit ten (10) copies of the preliminary plat prepared at a scale of not more
than one hundred (100) but preferably not less than fifty (50) feet to the
inch, showing[60]:
(1)
Proposed subdivision name, name of Village, Town
and County in which it is located, date, true North point, scale and name and
address of record owner, subdivider and engineer or surveyor, including license
number and seal.
(2)
The name of all subdivisions immediately adjacent
and the name of the owners of record of all adjacent property.
(3)
The zoning district, including exact boundary
lines of district if more than one (1) district, and
any proposed changes
in the zoning
district lines and/or the text of
Chapter 145, Zoning, applicable to the area to be subdivided.
(4)
All parcels of land proposed to be dedicated to
public use and the conditions of such dedication.
(5)
The location of existing property lines,
easements, buildings, watercourses, marshes, rock outcrops, wooded areas,
single trees with a diameter of six (6) inches or more as measured three (3)
feet above the base of the trunk and other significant existing features for
the proposed subdivision and adjacent property.
(6)
The location of existing sewers, water mains,
culverts and drains on the property, with pipe sizes, grades and direction of
flow. (7) Contours with intervals of
one (1) foot on slopes of two percent (2%) or less; two (2) feet on slopes of
two percent (2%) to ten percent (10%) and five (5) feet on slopes of ten
percent (10%) or more. The Planning Board may alter the contour intervals
depending on the site.
(7)
The width and location of any streets or public
ways or places shown on the Official Map or the Village Comprehensive Plan, if
such exists, within the area to be subdivided, and the width, location, grades
and street profiles of all streets or public ways proposed by the developer.
(8)
The approximate location and size of all proposed
water lines, valves, hydrants and sewer lines and fire alarm boxes; connection
to existing lines or alternate means of water supply or sewage disposal and
treatment as provided in the Public Health Law; profiles of all proposed water
and sewer lines.
(9)
A Stormwater Pollution Protection Plan in
accordance with the provisions of Chapter 124 of the Village Code-Village of
(10)
Plans and cross sections showing the proposed
location and type of sidewalks, streetlighting standards, street trees, curbs,
water mains, sanitary sewers and storm drains, and the size and type thereof,
the character, width and depth of pavements and subbase and the location of
manholes, basins and underground conduits.
(11)
Preliminary designs of any bridges or culverts
which may be required.
(12)
The proposed lot lines with approximate
dimensions and area of each lot.
(13)
Where the topography is such as to make difficult
the inclusion of any of the required facilities within the public areas as laid
out, the boundaries of proposed permanent easements over or under private
property, which permanent easements shall not be less than twenty (20) feet in
width and which shall provide satisfactory access to an existing public highway
or other public highway or public open space shown on the subdivision or the
Official Map.
(14)
An actual field survey of the boundary lines of
the tract, giving complete descriptive data by bearings and distances, made and
certified to by a licensed land surveyor. The corners of the tract shall also
be located on the ground and marked by substantial monuments of such size and
type as approved by the Village Engineer, and shall be referenced and shown on
the plat.
(15)
An erosion control plan in accordance with the
provisions of Chapter 124 of the Village Code-Village of
B.
If the application covers only a part of the subdivider's entire
holdings, a map of
the
entire tract, drawn at a scale of not less than four hundred (400) feet to the
inch showing an outline of the platted
area with its proposed streets and indication of the probable future street
system with its grades and drainage in the remaining portion of the tract and
the probable future drainage layout of the entire tract. The part of the
subdivider's holdings submitted shall be considered in the light of the entire
holdings.
C.
A copy of such covenants or deed restrictions as are intended to cover
all or part
of the tract
§ 125-31. Major subdivision final plat and
accompanying data.[61]
The
following documents shall be submitted for final plat approval:
A. Ten
(10) copies of the plat. The plat to be filed with the
(1)
Proposed subdivision name or identifying title
and the name of the Town and County in which the subdivision is located, the
name and address of record owner and subdivider and the name, license number
and seal of the licensed land surveyor.
(2)
Street lines, pedestrian ways, lots,
reservations, easements and areas to be dedicated to public use.
(3) Sufficient data acceptable to the Village Engineer to determine
readily the location, bearing and length of every street line, lot line and
boundary line and to reproduce such lines upon the ground. Where applicable,
these should be referenced to monuments included in the State system of plane
coordinates, and in any event should be tied to reference points previously established
by a public authority.
(4) The length and bearing of all straight lines, radii, length of
curves and central angles of all curves and tangent bearings shall be given for
each street. All dimensions and angles of the lines of each lot shall also be
given. All dimensions shall be shown in feet and decimals of a foot. The plat
shall show the boundaries of the property, location, graphic scale and true
North point.
(5) The plat shall also show by proper designation thereon all
public open spaces for which deeds are included and those spaces title to which
is reserved by the developer. For any of the latter, there shall be submitted
with the subdivision plat copies of agreements or other documents showing the
manner in which such areas are to be maintained and the provisions made
therefor.
(6) All offers of cession and covenants governing the maintenance of
unceded open space shall bear the certificate of approval of the Village
Attorney as to their legal sufficiency.
(7) Lots and blocks within a subdivision shall
be numbered and lettered in alphabetical order in accordance with the
prevailing Village practice.
(8) Permanent reference monuments shall be
shown and shall be constructed in accordance with specification of the Village
Engineer. When referenced to the State system of plane coordinates, they shall
also conform to the requirements of the State Department of Transportation.
They shall be placed as required by the Village Engineer and their location
noted and referenced upon the plat.
(9) All lot corner markers shall be permanently located
satisfactorily to the Village Engineer, at least three-fourths (3/4) inch (if
metal) in diameter and at least twenty-four (24) inches in length, and located
to the ground to existing grade.
(10) Monuments of a type approved by the Village Engineer shall be set
at all corners and angle points of the boundaries of the original tract to be
subdivided; and at all street intersections, angle points in street lines,
points of curve and such intermediate points as shall be required by the
Village Engineer.
B. Construction
drawings including plans, profiles and typical cross sections, as required,
showing the proposed location, size and type of streets, sidewalks,
streetlighting standards, street trees, curbs, water mains, sanitary sewers and
storm drains, pavements and subbase, manholes, catch basins and detailed plans
for bridges, culverts or similar structures. Profile drawing requirements shall
be as follows:
(1) Drawings shall be prepared with the following scales:
(a) Horizontal
scale: one (1) inch equals fifty (50) feet.
(b) Vertical
scale: one (1) inch equals ten (10) feet (or other scale approved by the
Planning Board).
(2) All profiles shall show the existing natural grades, the typical
cross section of existing or proposed roads, the center lines of intersecting
roads and a system of survey stations.
(3) The center-line profile of the proposed roads with dimensions on
vertical curves, and notation as to gradient and critical elevations.
(4) The invert profile and location of all storm and sanitary
drainage structures (manholes, catch basins, etc.) in street right-of-way and
in drainage easements.
ARTICLE V
Waivers
§ 125-32. Waiver of improvements.
Where the Planning Board finds that, due to
the special circumstances of a particular plat, the provision of certain
required improvements is not requisite in the interest of the public health,
safety and general welfare or is inappropriate because of inadequacy or lack of
connecting facilities adjacent or in
proximity to the proposed subdivision, it may waive such requirements subject
to appropriate conditions, provided that such waiver will not have the effect
of nullifying the intent and purpose of the Official Map, the Village
Comprehensive Plan or the Zoning Laws, if such exist.
§ 125-33. Conditions of waivers.
In granting waivers, the Planning Board shall
require such conditions as will, in its judgment, secure substantially the
objectives of the standards or requirements so waived.
§ 125-34. Enlarging a lot.
Where the Planning Board finds that a proposed purchase of a parcel of land is for the purpose of enlarging the purchaser's existing lot; is contiguous to land already owned by the prospective purchaser; does not require any connecting municipal facilities, street or road; will be combined by the purchaser with the original parcel, and will become one (1) parcel; and will conform to all laws, regulations and Comprehensive Plan provisions, the Planning Board may approve such enlargement, subject to appropriate conditions, and may waive any or all other Subdivision Regulations contained herein.
ARTICLE VI
Administration, Enforcement and Penalties
§ 125-35. Violation to be deemed offense.
The violation of any rule or regulation
approved by the Board of Trustees herein shall be deemed an offense against
such regulations.
§ 125-36. Penalties for offenses.
Unless statutory provisions prevail, a violation of any provision of this chapter shall be punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both. Each day that such violation continues shall constitute a separate violation.
§ 125-37. Action in addition to penalties. In
addition to other penalties, the Village of Lansing may institute any
appropriate action or proceeding to prevent the unlawful erection,
construction, alteration or use of any building, structure or premises in
violation of the requirements of this chapter or any other applicable federal,
State or local law.
§ 125-38. Court review.
Any person or persons, jointly or severally,
aggrieved by any decision of the Planning Board concerning such plat may have
said decision reviewed by a special term of the Supreme Court in the manner
provided by Article 78 of the Civil Practice Law and Rules, provided that the
proceeding is commenced within thirty (30) days after the filing of the
decision in the office of the Planning Board, as set forth in § 7-740 of the
Village Law.
§ 125-39. Compliance required prior to issuance
of permit.
A.
No building/land use permit, Special Permit or
certificate of compliance shall be issued except where all the provisions of
these Regulations have been complied with.
B.
If the Zoning Officer receives an application for
a building/land use permit or Special Permit for a lot which constitutes
subdivision of land which has not been approved by the Planning Board and
recorded in the County Clerk's Office, said applicant shall be referred to the
Planning Board for further action pursuant to and in accordance with the terms
and provisions of this chapter.
[1]Editor’s
Note: Amended at time of adoption of
Code; see
[2]Editor's Note: Amended at time of adoption of Code; see
[3]Editor's Note: Amended at time of adoption of Code; see
[4]Editor’s Note: Amended at time of adoption of Code; see
[5]Editor's Note: Amended at time of adoption of Code; see
[6]Editor's Note: Amended at time of adoption of Code; see
[7]Editor's Note: Amended at time of adoption of Code; see
[8]Editor's Note: Amended at time of adoption of Code; see
[9]Editor's Note: Amended at time of adoption of Code; see
[10]Editor's Note: Amended at time of adoption of Code; see
[11]Editor's Note: Amended at time of adoption of Code; see
[12]Editor's Note: Amended at time of adoption of Code; see
[13]Editor's Note: Amended at time of adoption of Code; see
[14]Editor's Note: Amended at time of adoption of Code; see
[15]Editor's Note: Amended at time of adoption of Code; see
[16]Editor's Note: Amended at time of adoption of Code; see
[17]Editor's Note: Amended at time of adoption of Code; see
[18]Editor's Note: Amended at time of adoption of Code; see
[19]Editor's Note: Amended at time of adoption of Code; see
[20]Editor's Note: Amended at time of adoption of Code; see
[21]Editor's Note: Amended at time of adoption of Code; see
[22]Editor's Note: Amended at time of adoption of Code; see
[23]Editor's Note: Amended at time of adoption of Code; see
[24]Editor's Note: Amended at time of adoption of Code; see
[25]Editor's Note: Amended at time of adoption of Code; see
[26]Editor's Note: Amended at time of adoption of Code; see
[27]Editor's Note: Amended at time of adoption of Code; see
[28]Editor's Note: Amended at time of adoption of Code; see
[29]Editor's Note: Amended at time of adoption of Code; see
[30]Editor's Note: Amended at time of adoption of Code; see
[31]Editor's Note: Amended at time of adoption of Code; see
[32]Editor's Note: Amended at time of adoption of Code; see