1988 – No.1 – Subdivision Control Law
ARTICLE 1: ENACTMENT, AUTHORIZATION, PURPOSE, AND VARIANCE
Section 110: Enactment and Authorization
Pursuant to the authority granted to the Village in Section 10 of the Municipal Home Rule Law, and Article 7 of the Village Law, the Village Board of the Village of Sackets Harbor authorizes and empowers the Planning Board of the Village of Sackets Harbor to approve plats within the Village of Sackets Harbor; and to pass and approve the development of plats already filed in the Office of the Clerk of Jefferson County if such plats are entirely or partially undeveloped, and the Planning Board is authorized and empowered to approve or disapprove (a) changes in the lines of existing streets, highways, or public areas shown on subdivision plats or maps in the Office of Clerk of Jefferson County, and (b) the laying out, closing off or abandonment of streets, highways or public areas under the provisions of the Village and highway laws within the Village of Sackets Harbor.
Whenever any subdivision of land as hereafter defined is proposed to be made and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made, the subdividing owner thereof or his agent shall apply in writing to the Planning Board for approval of such subdivision. Section 120: Title This law shall be known as the “Subdivision Control Law of the Village of Sackets Harbor, New York.”
Section 130: Purpose
The purpose of this law is to provide for orderly efficient growth within the community, and to afford adequate facilities for the transportation, housing, comfort, convenience, safety, health and welfare of its population.
Section 140: Administration
This Subdivision Control Law shall be administered by the Planning Board and the Subdivision Inspector or the Zoning Enforcement Officer.
Section 150: Variance
When in the opinion of the Planning Board undue individual hardship may result from strict compliance with this law, it may modify the application of this law so that substantial justice may be done and the public interest secured; provided that such modification will not have the effect of nullifying the intent and purpose of this law.
Section 160: Applications, Fees, Administrative Expenses
Whenever any subdivision of land is proposed to be made and before any contract of sale of, or any offer to sell such subdivision or any part thereof is made, the sub-divider or his agent shall apply in writing to the Planning Board for approval. Applications may be obtained from and filed with the Village Clerk. The fees to cover the administrative expenses as established below shall be paid to the Village Clerk. Notwithstanding any other provision in this Local Law, this Local Law shall not be applied to any proposed subdivision of lands which are located in an approved Planned Development District pursuant to the Zoning Law and if the proposed subdivisions were included in site plans approved by either the Village Board or Planning Board prior to the enactment of this Local Law.
Section 160.1: Fees
All applicants for any permit, approval or variance under this Local Law are required to pay a fee to cover the administrative expenses of the Village. Failure to pay such fee shall be deemed a violation of this Local Law. All applications for any approval, permit, or variance shall be accompanied by a cash deposit, certified check or surety bond payable to the Village of Sackets Harbor in an amount determined by:
1. Mayor for all applications requiring the Village Board of Trustees’ final approval or other action;
2. Chairman of the Planning Board, for all applications requiring the Planning Board’s final approval;
3. Chairman of the Zoning Board of Appeals for all applications requiring such Board’s approval;
4. Zoning Officer for matters requiring his final approval or action.
The Mayor, Chairman of the Planning Board, Chairman of the Zoning Board of Appeals, and Zoning Officer, as the case may be, should obtain estimated expenses from the Village Engineer, Village Attorney, and Village Clerk prior to setting the amount of the cash deposit, certified check or surety bond required of each applicant.
The Mayor, Chairman of the Planning Board, Chairman of the Zoning Board of Appeals or Zoning Officer, as the case may be, may require additional security for the Village’s administrative expense, in accordance with the provisions of this section, in the event that the Village’s potential liability for such expense exceeds the initial; amount deposited.
Upon completion of the latter of (i) final approval, or rejection of, the subdivision plan, or (ii) final approval of any and all completed improvements and submission of all final bills to the Village for its administrative expenses incurred as a result of the applicants proposed subdivision, all unused funds or proceeds from a surety bond shall he refunded to the applicant.
ARTICLE 2: DEFINITIONS
For the purpose of this law, words and terms used herein are defined as follows:
ADMINISTRATIVE EXPENSES: All actual expenses and liabilities incurred by the Village or any of its officers or agencies in processing and reviewing applications hereunder and insuring compliance with this Law and all other applicable laws or regulations, including but not limited to engineering fees and disbursements, legal fees and disbursements, publication expenses, administrative expenses and any other actual expenditure incurred or accrued by the Village.
FINAL PLAT: Means a drawing, in final form, showing a proposed subdivision containing all information or detail required by law and by this law to be presented to the Planning Board for approval, and if approved, may be duly filed or recorded by the applicant in the Office of the County Clerk.
GENERAL PLAN: The goals, objectives and policies of the Village which are embodied by the planning process upon which Village Land Use Regulations are based.
OFFICIAL SUBMISSION DATE: Means the date on which an application for plat approval, complete and accompanied by all required information, endorsements and fees, has been filed with the Planning Board.
PLANNING BOARD: The Village of Sackets Harbor Planning Board.
PRELIMINARY PLAT: Means a drawing or drawings clearly marked “preliminary plat” showing the layout of a proposed subdivision, submitted to the Planning Board for approval prior to submission of the plat in final form, and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
SKETCH PLAN: Means a sketch of a proposed subdivision to enable the sub-divider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of this law.
STREET, MAJOR: Means a street intended to serve heavy flows of traffic from minor streets or as a business street providing access to business properties.
STREET, MINOR: Means a street intended to serve primarily as an access to abutting residential properties.
SUBDIVISION: Division of any parcel of land into two (2) or more lots, blocks, or sites for the purpose of conveyance, transfer of ownership, improvement, building development sale. The term subdivision shall include re-subdivision. A tract of land shall constitute a subdivision upon the sale, rental, offer for sale or lease, or building development of the second lot thereof.
SUBDIVISION INSPECTOR: The Zoning Enforcement Officer, Village Engineer, and any other person appointed, designated, or otherwise retained by the Village Board to carry out the functions assigned to such person according to this law.
SUBDIVISION, MAJOR: A subdivision containing five (5) or more lots, or any subdivision requiring a new street.
SUBDIVISION, MINOR: A subdivision containing two (2) three (3) or four (4) lots, fronting on an existing street.
SEQRA: The New York State Environmental. Quality Review Act and regulations promulgated there under.
UNDEVELOPED PLAT: Those plats where twenty (20) percent or more of the lots within the plat are unimproved unless existing conditions, such as poor drainage, have prevented their development.
ZONING ENFORCEMENT OFFICER: Those persons so designated under the Zoning Law.
ZONING LAW: Zoning Law of the Village of Sackets Harbor.
ARTICLE 3: REVIEW AND APPROVAL PROCEDURE
Section 310: General
Minor subdivisions shall be processed in the following stages:
1. Sketch Plan Conference
3. Public Hearing
4. Final Plat Approval
Major subdivisions shall be processed in the following stages:
1. Sketch Plan Conference
3. Public Hearing
4. Preliminary Plat Approval
5. Optional Public Hearing
6. Final Plant Approval
Section 320: Pre-Application Procedure
Prior to the preparation of and the submission of a plat for approval, the sub-divider should proceed to gather the necessary information and data on the existing conditions at the site. He should study the site suitability and opportunities for development. He will discuss financing, planning and marketing with the lending institutions. With his licensed land surveyor, he should develop a preliminary layout in sketch form which in turn should be submitted to the Planning Board for advice and assistance and should include a preliminary environmental assessment (EAF).
Section 330: Sketch Plan Conference
The sub-divider should request an appointment with the Planning Board for the purpose of reviewing the sketch plan at least one week in advance of regular meeting. The Village Clerk will notify the sub-divider of the time, date, and the place that the Planning Board will meet to consider and review such sketch plan and the program as they relate to the Community General Plan, design standards, and improvement requirements. This meeting is intended to assist the sub-divider in the planning and preparation of the preliminary or final plat to save both time and money in preparing maps and plans. The plan will be classified as a minor or major subdivision as minor may proceed directly to preparation of a final plat without submission and approval of a preliminary plat which shall be required for a major subdivision. This step does not require formal application, fee or filing with the Planning Board.
Section 340: New York State Department of Health
New York State Department of Health approval may be required for any subdivision containing five (5) or more lots. Early contact by the sub-divider with this Department is essential to Planning Board acceptance.
Section 350: Preliminary Plat
All major subdivisions shall be subject to the Preliminary Plat requirements, as specified herein. The sub-divider shall file an application for approval of the Preliminary Plat on forms available at the Village Office accompanied by all documents specified in Article 4 herein.
Review of Subdivision. Following the review of the Preliminary Plat and supplementary material submitted for conformity to this Law, and following negotiations with the sub-divider on changes deemed advisable and the kind and extent of improvements to be made the Planning Board shall hold a public hearing. This hearing shall be held within forty-five (45) days of the official submission date of the plat. The sub-divider shall attend the hearing. This hearing shall also fulfill the requirements of SEQRA. Within forty-five (45) days from the public hearing, the Planning Board shall approve, approve with modifications or disapprove the preliminary plat and state its reasons for disapproval. The time in which the Planning Board must take action on such plat may be extended by mutual consent of the sub-divider and the Chairman of the Planning Board.
Notice of Public Hearing. The hearing shall be advertised at least once in a newspaper of general circulation in the Village at least five (5) days before the hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems appropriate. Notice of the hearing shall be mailed to the owners of all adjoining properties within one hundred fifty (150) feet of the subdivided property at least five (5) days before the hearing and shall be posted in at least three prominent places in the Village at least five (5) days prior to the hearing.
SEQRA Review. The lead agency in the SEQR review process, will be responsible for completion of a final Environmental Impact statement, or an appropriate Environmental Assessment Form, as applicable. Statement findings must accompany approval of plat.
Notice of Decision. Within five (5) days of approval, the action of the Planning Board shall be noted on three (3) copies of the Preliminary Plat and reference made to any modifications determined. One (1) copy shall be returned by mail to the sub-divider and the other two (2) copies retained by the Planning Board.
Effect of Approval. Approval of a preliminary plat shall not constitute approval of the final plat. The preliminary plat shall he a guide to the preparation of the final plat. Before submission of the final plat or any portion thereof for formal approval, the sub-divider must comply with this Law and all requirements set forth by the Planning Board in their review of the preliminary plat, and any other State Health Department requirements.
Section 360: Final Plat
All subdivisions, as defined herein, shall require Final Plat approval by the Planning Board.
The sub-divider shall file an application for Final Plat approval on forms available at the Village Office, accompanied by documentation as specified in Article 4 herein, to the Planning Board. Such application shall be submitted at least fourteen (14) calendar days prior to the meeting at which it is to be considered by the Planning Board, and no later than six (6) months after the date of the preliminary plat approval.
Optional Public Hearing. A public hearing may be held by the Planning Board after a complete application is filed and prior to rendering a decision. This hearing shall be held within forty-five (45) days of the official submission date of the plat. The sub-divider shall attend the hearing. The Planning Board shall approve, conditionally approve, or disapprove the Final Plat within forty-five (45) days of the public hearing. The time in which the Planning Board must take action on such plat may be extended by mutual consent of the sub-divider and the Planning Board.
If disapproved, the grounds for disapproval shall he stated in the record of the Planning Board, including reference to any provision of this violated by the Plat. Failure of the Planning Board to render a decision within the stated forty-five (45) day period shall be deemed final approval of the plat.
Notice of Public Hearing. The hearing shall he advertised at least once in a newspaper of general circulation in the Village at least five (5) days before the hearing. Notice of the hearing shall be mailed to the owners of all adjoining properties within one hundred fifty (150) feet of the sub-divided property at least five (5) days before the hearing and shall be posted in at least three (3) prominent places in the Village at least five (5) days prior to the hearing.
Notice of Decision. Within five (5) days of approval, the sub-divider shall be notified by mail of the final action of the Planning Board. He shall record the Final Plat, or section thereof, in the Office of the Clerk of Jefferson County, New York within sixty (60) days after the date of approval; otherwise the plat shall be considered void and must again be submitted to the Planning Board for approval before recording in the Office of the Clerk of Jefferson County, New York.
Conditional Approval. Upon conditional approval of such final plat the Planning Board shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the conditional approval resolution. The plat shall be certified by the Village Clerk. A certified statement of the requirements shall accompany the plat which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of the requirements the plat shall be signed by said duly authorized officer of the Planning Board. conditional approval of a final plat shall expire one hundred-eighty (180) days after the date of the resolution granting conditional approval. The Planning Board may, however, extend the expiration time not to exceed two additional periods of ninety (90) days each.
Filing of Plats in Sections. Prior to granting conditional or final approval of a plat in final form the Village Planning Board may permit the plat to he subdivided into two or more sections and may in its resolution granting conditional or final approval stating that such requirements as it deems necessary to insure the orderly development of the plat be Page 10 Subdivision Control Law – Village of Sackets Harbor completed before such sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat, subject to any conditions imposed by the Board, shall he granted concurrently with conditional or final approval of the plat.
In the event the owner shall file only a section of such approved plat in the Office of the County Clerk or register, the entire approved plat shall he filed within thirty (30) days of the filing of such sections with the clerk in each municipality in which any portion of the land described in the plat is situated. Such section shall encompass at least ten (10) percent of the total number of lots contained in the approved plat and shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Section 7-708 of Village Law.
ARTICLE 4: DOCUMENTS TO BE SUBMITTED
Section, 41.0: Information Required for all Plat Submissions
1. Name and address of sub-divider and professional advisers, including license numbers and seals.
2. Map of property drawn to scale, at a scale of one (1) inch to fifty (50) feet, or one (1) inch to one hundred (100) feet.
a. Subdivision name, scale, north arrow and date, and any revisions.
b. Subdivision boundaries.
c. Property boundaries and names of owners within 150 feet.
d. Existing and proposed street, utilities and structures.
e. Water courses, marshes, wooded areas, public facilities and other significant physical features on or near the site.
f. Proposed pattern of lots, including lot widths and depths, street layout, open space, drainage, water supply, and sewage disposal facilities.
g. Land contours at five (5) foot intervals existing and proposed.
h. Subsurface conditions on the tract, if required by the Board: Location and results of tests made to ascertain subsurface soil; rock and ground water conditions; depth to ground water unless test pits are dry at a depth of five (5) feet; location and results of solid percolation tests if individual sewage disposal systems are contemplated.
3. Copy of tax map(s).
4. Existing restrictions on the use of land including easements, covenants and zoning.
5. Total acreage of subdivision and number of lots proposed.
6. Building types, approximate size and cost at time of application.
Section 420: Minor Subdivisions
The following shall he submitted with all applications for approval of a Final Plat for a minor subdivision:
1. One (l) copy of the plat to be submitted to the County clerk, drawn with ink on appropriate material, plus two (2) paper copies.
2. Information specified under Section 410, updated and accurate.
3. Sufficient data acceptable to the Planning Board to readily determine the location, bearing and length of every street line, lot line and boundary line; such data shall be sufficient to allow for the reproduction of such lines on the ground.
4. On-site sanitation and water supply facilities shall be designed to: meet the specifications of the-State Department of Health, and a statement to this effect shall be made on the application.
5. Copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
6. Additional information as deemed necessary by the Planning Board.
7. Any required fees.
Section 430: Preliminary Plat, Major Subdivision
The following shall be submitted with all applications for approval a Preliminary Plat for a major subdivision.
1. Three (3) copies of the plat map, drawn to scale. The map scale shall be one (1) inch to one hundred (100) feet unless otherwise specified by the Planning Board.
2. All information specified under Section 410, updated and accurate.
3. All parcels of land proposed to be dedicated to public use and the conditions of such use.
4. Grading and landscaping plans.
5. The width and location of any existing street or public ways; and the width, location, grades and street profiles of all streets or public ways proposed by the developer.
6. The approximate location and size of all proposed waterlines, hydrants and sewer lines, showing connection to existing lines:
7. Drainage plan, indicating profiles of lines or ditches and drainage easements on adjoining properties.
8. Plan and cross-sections showing sidewalks, street lighting, street. trees, curbs, water mains, sanitary sewers and storm drains, the character, width and depth of pavements and sub-base, the location of any underground cables.
9. Preliminary designs for any bridges or culverts.
10. The proposed lot lines with dimensions and area of each lot.
11. An actual field survey of the boundary lines of the tract, giving complete description by bearings and distances, made and certified by a licensed surveyor. The corners of the tract shall also he marked by monuments of such size and type as approved by the Planning Board, shown on the plat.
12. A copy of all covenants or deed restrictions intended to cover all or part of the tract.
13. Environmental Assessment Form (EAF) or a draft Environmental Impact Statement (EIS) as required.
14. Where the preliminary plat submitted covers only a part of the sub-divider’s entire holding, a sketch of the prospective future street and drainage system of the unsubdivided part shall be submitted for study to the Planning Board.
15. Additional information as deemed necessary by the Planning Board.
16. Any required fees.
Section 440: Final Plat, Major Subdivision
The following shall be submitted with all applications for approval of a Final Plat for a
1. One (1) copy of the plat to be submitted to the County Clerk, drawn with ink on
suitable material, plus (2) copies. The map scale shall be one (1) inch to one hundred (100) feet unless otherwise specified by the Planning Board.
2. Proposed subdivision name and the name of the Village and County in which the subdivision is located; the name and address of the record owner and sub-divider; name, address, license number and seal of the surveyor and/or engineer.
3. Street lines, pedestrian ways, lots, easements and areas to be dedicated to public use.
4. Sufficient data, acceptable to the Planning Board, to determine readily the location, bearing and length of every street line, lot line, boundary line; such data shall be sufficient to allow for the reproduction of such lines on the ground.
5. The length and bearing of all straight lines, radii, length of curves and central angles of all curves; tangent bearings shall be given for each street. All dimensions of the lines of each lot shall also be given. The plat shall show the boundaries of the property, locations, graphic scale, and true North point.
6. All offers of cession and any covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Village Attorney as to their legal sufficiency.
7. Permanent reference monuments shall be shown and constructed in accordance with Planning Board specifications.
8. Approval of the State Health Department of water supply systems and sewage disposal systems proposed or installed.
9. An approved EIS or EAF, as required.
10. Construction drawings including plans, profiles, and typical cross sections, as required, showing the proposed location, size and type of street, sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewer or septic systems, storm drains or ditches, pavements, and sub-base and other facilities in conformance with Village standards, specified in Article 5.
11. Evidence of legal ownership of the real property which is subject of the final plat.
12. Deed restrictions, existing and proposed in form for recording.
13. A certificate by the Subdivision Inspector certifying that the sub-divider has Complied with one of the following alternatives:
a. All improvements have been installed in accord with requirements of this Law and with the action of the Planning Board giving approval of the preliminary plat, or
b. A performance bond or certified check has been posted in sufficient amount to assure such completion of all required improvement.
14. Any other data such as certificates, affidavits, endorsements or other agreements as may be required by the Planning Board in enforcement of this Law.
Section 450: Waiver of Submission Requirements
When an application concerns a subdivision of uncomplicated nature, such as a small subdivision along an existing street that requires no installation of public facilities, the planning Board may waive certain submission requirements it deems appropriate.
ARTICLE 5: DESIGN, STANDARDS AND REQUIRED IMPROVEMENTS
Section 505: Street Design Standards
Conformity with the General Plan. The arrangement, width, location and extent of all major streets and minor streets shall conform and be in harmony with any official map adopted pursuant to Article 7 of the Village Law, and the General Plan. The intent of this Local Law, the Village of Sackets Harbor Zoning Law, any other relevant Local Laws of the Village and any officially adopted map of the Village are collectively referred to herein as the General Plan. Streets not in the General Plan shall conform to the recommendation of the Planning Board based on existing and planned streets, topography, public safety, convenience and proposed uses of land. The Superintendent of the Department of Public Works and Village Engineer shall be consulted by the Planning Board for an advisory opinion before the approval of any new street.
1. Replaced entire Conformity with the General Plan section which read: “The arrangement, width, location and extent of major streets and all minor streets shall conform and be in harmony with the official map for the Village. Streets not in the General Plan shall conform to the recommendation of the Planning Board based on existing and planned streets, topography, public safety, convenience and proposed uses of land, The Village Highway Superintendent shall be consulted by the Planning Board for an advisory opinion before the approval of any new street;”
Arrangement. Residential minor streets shall be designed to discourage through traffic, whose origin and destination is not within the subdivision.
Location. When a proposed subdivision is adjacent to or contains a State Highway, the Planning Board may seek information from the New York State Department of Transportation as to the status of said highway in reference to right-of-way and direction. The Planning Board may require a marginal street approximately parallel to and on each side of such right-of-way at a distance suitable for an appropriate use of the intervening land as for park purposes in residential districts, or for commercial or industrial purposes. Such distance shall also be determined with due regard for the requirements of approach
grades and future grade separation.
Intersections. Streets shall intersect one another at angles as near to a right angle as possible, and no intersections of streets at angles less than eighty (80) degrees shall be approved. Street intersections shall be rounded with a minimum radius of twenty-five (25) feet measured at right-of-way line when said intersection occurs at right angles. If an intersection occurs at an angle other than a right angle, it shall he rounded with a curve of radius acceptable to the Planning Board. Street jogs with center line offsets of less than one hundred twenty-five (125) feet shall be avoided.
Street Layout. It is the stated general policy of the Village that all new streets should be laid out and arranged to provide for a grid pattern of streets which provide for connections of all existing, new and potential future streets that allows a means of accessing and developing in the future underdeveloped and undeveloped land adjoining or near the proposed subdivision. The use of permanent Dead End streets is strongly discouraged. All streets shall be arranged and laid out in such a manner as to allow snow plowing and other maintenance to be performed within the proposed street right-of-way with relative ease. The Planning Board shall refer the proposed layout of all streets to the Superintendent of the Department of Public Works and Village Engineer for their review and comment prior to granting preliminary or final plat approval, but may in its discretion act on such approvals if the Superintendent of the Department of Public Works and Village Engineer fail to comment on said proposed street layouts within seven (7) days of the Planning Board’s referral. All street right-of-ways shall be a minimum width of fifty (50) feet, unless ‘after issuing specific written findings of fact by the Planning Board that would support a conclusion by the Planning Board that such a proposed lesser width will not have present or future adverse impacts on use of the right-of-way by the traveling public, the location and maintenance of any infrastructure located in or adjacent to the street right-of-way, drainage of the proposed lots and street rights-of-way, or limit the feasibility of developing and subdividing other parcels of land adjacent to or otherwise potentially affected by the proposed subdivision.
Deleted entire paragraph: “Residential minor streets shall be designed to discourage through traffic, whose origin and destination is not within the subdivision.” Replaced and renamed entire section from: “Dead End Streets. Each dead end street shall be provided with a turn around deemed sufficient by the Village Highway Superintendent for snow plowing.
Dead end streets designed to be so permanently shall not be permitted unless provided with a turn around.”
Half Streets. Dedication of half streets shall be prohibited.
Access. In commercial and industrial districts, definite and assured provision shall be made for service access such as off street parking, loading and unloading consistent with and adequate for the uses proposed.
Names and Numbers. Names and new streets shall not duplicate existing or platted streets. New streets which are extended or in alignment with existing streets shall bear the name of the existing streets. House numbers shall be assigned (by lots).
Street Signs. The sub-divider shall provide and erect street signs of a type to be approved by the Village Board at all street intersections prior to acceptance of the constructed streets.
Trees. If street side trees are provided, they should be outside of the street right-of-way and planted in such a manner as not to impair visibility at any corner or corners.
Standards for Street Design
Minimum width Right-of-way 50 feet 60 feet
Minimum width of pavement 20 feet 20 feet
Minimum width of Shoulders* 6 feet 6 feet
Minimum radius of Horizontal Curves 150 feet except for street 400 feet
Minimum length of Vertical Curves Shall be such that at least 200 feet
100 feet line of sight
exists measured 3 feet above
the street surface
Minimum length of Tangents between 100 feet except where 200 feet
Reverse Curves Excessive grades may be
reduced to reasonable grades
by shortening tangent
Maximum Grade 10 % except that grades up to 6% – 8 %
14% may be approved on short runs
Minimum Grade 1% 1%
Minimum Braking Sight Distance 200 feet 300 feet
* May be reduced at the discretion of the Planning Board when curbs are provided.
Section 510: Street Construction Standards
1. Street improvements shall be installed at the expense of the sub-divider.
2. Streets shall be built with:
a. Subgrade, which shall be rough graded the full width of the street right-of-way and compacted the full width between the outer edges of the curbs and gutter. The sub-base shall consist of a suitable gravel and stone material, and compacted to a depth of 12 inches.
b. Base course, consisting of a suitable gravel and stone material not larger than #2 approved by the Village Superintendent of Public Works at least 12 inches in depth after compaction.
c. Binder course shall consist of one and-one half (1 1/2) inches of an asphalt/concrete mixture.
d. Top course shall consist of one and one half (1 1/2) inches of asphalt/concrete mixture.
e. In accordance with any other specifications required by the Village Engineer.
3. Time of year (temperature and moisture).
Section 515: Sidewalks
Sidewalks may be required and shall be installed as follows:
1. Sidewalks shall be installed at the expense of the sub-divider, at such locations as the-
Planning Board may deem necessary.
2. Sidewalks must be constructed to comply with the detail specifications of the Village.
Engineer approved by the Planning Board.
3. Sidewalks shall be concrete and have a minimum width of four (4) feet in residential areas, and five (5) feet in commercial and industrial areas, except where it would result in a conflict in the extension of existing sidewalks.
Section 520: Utilities
Public utilities will be required and shall he installed at the expense of the development as follows:
1. Fire Protection: Hydrants shall be Kennedy K-11 or K-81 A with thruss blocks and valued for repairs, provided by the developer with the approval of the Village Engineer.
2. Street Lighting: Poles, brackets and lights to be of size, type and locations approved by the Planning Board and the local power company. Developer shall contact the local power company to ascertain location of poles, lights (sodium vapor) and transformers, wiring, and any other requirements mandated by the power company.
3. Electricity: Power lines shall be placed underground and shall be approved by the Planning Board and the local power company. Developer shall contact the local power company for locations and other requirements of transformers and other equipment.
4. Utility Service: The local power company shall be contacted for verification and location of power transformers and contractor requirements for individual dwelling services.
5. Cable Television: Cable television lines shall be placed underground. Developer shall contact the local cable company for locations of other requirements (telephone).
Section 525: Water Supply
Potable water for domestic, commercial and fire protection use.
1. All water mains and lines, as shown on the preliminary plan shall be installed from each lot to the municipal supply. Where no municipal supply is available, it must be furnished by the sub-divider on a project or individual lot basis. All water lines,’ shall be buried not less than five (5) feet underground.
2. All piping required for transmission and distribution must, conform to current AWWA Standards and Specifications and must conform to New York State Department of Health regulations.
3. All water mains shall be a minimum of eight (8) inches in diameter, ductile iron class 50, all valves class 250 or better. Service laterals shall be type K, copper, and multifamily dwellings shall have a New York State Department of Health approved back flow inhibitor.
4. Curb stops shall be provided for each residence and each residence shall be metered at the developer’s expense, with an external meter.
5. Except where noted above, all provisions from Recommended Standards for Water
Works, Park Eight (8) “Distribution Systems” shall prevail. (A copy may be purchased from the Village Clerk).
6. All water supply systems shall be approved and built in accordance with any other specification or requirement set forth by the Village Engineer and approved by the Planning Board.
Section 530: Sewer
1. All necessary mains and laterals for connection from the lots to public sewage system as shown on the preliminary plan shall be installed by the sub-divider at his expense.
All gravity sewers shall be eight (8) inch minimum diameter and shall be constructed of PVC SDR-35 or better. Force mains shall be constructed of ductile iron class 50. If public disposal is not available (for whatever reason), such private facilities must be installed by the sub-divider in accordance with all prevailing New York State Department of Health and Department of Environmental Conservation rules and regulations. Any and all local regulations must also be adhered to.
2. Dry sewers may be required in those parts of the Village deemed to have sufficient population density or potential to merit community sanitary sewer systems in the future. Such requirements shall be in harmony with the General Plan for the Village.
3. Sanitary and storm sewers shall be separated.
4. All provisions of Chapter 20 “Design of Sewers” from the text “Recommended
Standards for Sewage works” shall prevail.
5. Where feasible, and given Village expense approval, proposed storm shall tie to existing.
6. Any other details or specifications suggested by the Village Engineer and approved by the Planning Board shall be complied with.
Section 535: Surface Drainage Other Than Streets
It is intended that surface drainage not be allowed to drain on adjacent properties. Surface drainage shall be collected via catch basins conveyed via underground storm sewers to natural drainage areas such a wetlands, creeks, or rivers. A drainage plan shall require approval by the Planning Board.
Section 540: Lots
Location. All lots shall abut by their full frontage on public streets to ensure suitable access excepting island lots. Island lots shall he provided suitable water and/or road access.
Dimensions. The lot size, width, depth, shape and area shall comply with the Village Zoning Law.
Double Frontage Lots. Frontings on two streets other than corner lots, shall be discouraged.
Pedestrian Easements. In order to facilitate pedestrian access from streets to schools, parks, play areas or nearby streets, perpetual unobstructed easements at least twenty (20) feet wide may be required by the Planning Board. In heavy traffic areas, sidewalks may be required in addition.
Setback. The provisions of the Village’s Zoning Law shall apply regarding setback lines.
Lot Lines. Side lot lines shall be approximately at right angles to the street or radial to curved streets. On large size lots and except when indicated by topography, lot lines shall be straight.
Corner Lots. Lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.
Cluster Development. An applicant may apply, or the Planning Board may require, a development to be considered as a “cluster development”, as permitted by Village Law of New York, Section 7-738. This procedure permits a reduction in the various lot sizes and dimensions
and setbacks required by the Village Zoning Law, provided there is no increase in the number of lots or dwelling units permitted by the Zoning Law. The purpose of this procedure is to concentrate buildings in specific space while preserving environmentally sensitive features. This procedure may be applied to residential developments, however, it may not authorize a change in the permissible use of lands from that which is provided in the Zoning Law as applicable.
Section 545: Unique and Natural Features
Unique physical features such as historic landmarks and sites, rock outcrops, hill top lookouts, desirable natural contours, and similar features shall be preserved where possible. Also streams, lakes, ponds and wetlands shall be left unaltered and protected by easements. All surfaces must be graded and restored within six (6) months of completion of subdivision so no unnatural mounds or depressions are left. Original topsoil moved during construction shall be returned and stabilized by approved methods. Damage to existing trees should be avoided.
Section 550: Public Open Spaces and Sites
Consideration shall be given to the allocation of areas suitably located for community purposes and be made available by one of the following methods:
1. Dedication to the Village.
2. Reservation of land for the use of property owners by deed or covenant.
3. Reservation for acquisition by the Village within a reasonable period of time. Said reservation shall be made in such manner as to provide for a release of the land to the sub-divider in the event the Village does not proceed with the purchase.
4. If the Planning Board determines that suitable park or parks of adequate size can not be properly located in the plat or is otherwise not practical, the Board may require as a condition to approval of the plat a payment to the Village of a sum to be determined by the Village Board, which sum shall constitute a trust fund to be used by the Village exclusively for neighborhood park, playground or recreational purposes Including the acquisition of property.
The Planning Board may require the reservation of such other areas or sites of a character, extent and location suitable to the needs of the Village as water plants, sewage treatment plant and other community purposes not anticipated in the General Plan.
Section 655: Unsuitable Land for Subdivisions
As a safety measure for the protection of the health and welfare of the people of the Village, that portion of a proposed lot which is found to be unsuitable for subdivision due to harmful features (e.g., drainage problems), shall not be subdivided until adequate methods are formulated by the sub-divider and approved by the Planning Board. Before final approval, the sub-divider shall in lieu of the improvements, furnish a surety bond or certified check covering the cost of the required improvements.
ARTICLE 6: INSTALLATION OF IMPROVEMENTS
Section 610: Installation Guarantee
In order that the Village has the assurance that the construction and installation of such improvements as storm sewer, water supply, sewage disposal, landscaping, road signs, sidewalks, parking, access facilities, and road surfacing will be constructed, the Planning
Board shall require that the applicant complete said improvements before final approval is granted or that the applicant shall enter into one of the following agreements with the Village:
1. Furnish bond executed by a surety company equal to the cost of construction of such improvements as shown on the plans and based on an estimate furnished by the applicant and approved by the Planning Board. Such bond shall require the approval of the Board and tie Village Attorney as to form, sufficiency, manner of execution And surety.
2. In lieu of the bond, the applicant may deposit cash, certified. check, an irrevocable bank letter of credit, a certificate of deposit, or other forms of financial security acceptable to the Village. Acceptable substitutes, if furnished, shall be kept on deposit with the Village for the duration of the bond period.
Section 620: Maintenance Guarantee
In order that the Village has the assurance that the improvements mentioned above function properly for a reasonable period, the applicant shall enter into an agreement with the Village upon completion of the work required under the installation guarantee so that:
1. Such work is guaranteed for a minimum of two (2) years after it is completed and inspected;
2. Such work is guaranteed for a minimum of ten (10) percent of the total improvement costs or $5,000, whichever is greater. The method of providing the maintenance guarantee shall meet the approval of the Village Board and the Village Attorney.
Section 630: Conditions
Installation and maintenance guarantees to the Village shall provide that the sub-divider, his heirs, successors, and assigns, their agent or servants, will comply with all applicable terms, conditions, provisions, and requirements of this law; will faithfully perform and complete the work of constructing and installing such facilities or improvements in accordance with such laws and regulations. Any such guarantees shall require the approval of the Village Board and the Village Attorney as to form, sufficiency, manner of execution and surety, and the same shall be made payable to the Village.
Section 640: Extension of Time
The construction or installation of any improvements or facilities, other than roads, for which guarantee has been made by the sub-divider in the form of a bond or certified check deposit, shall be completed within one (1) year from the date of approval of the final plan. Road improvements shall be completed within (2) years from the date of approval of the final plat. The sub-divider may request an extension of time provided he can show reasonable cause for inability to perform said improvements within the required time. The extension shall not exceed six (6) months, at the end of which time the Village may use as much of the bond or check deposit to construct the improvements as necessary. The same shall apply whenever construction of improvements is not performed in accordance with applicable standards specifications. There shall be no extension of time given unless and until the bond, letter of credit or other approved financial security shall be extended as well and proof such extension shall he provided to the Village Board prior to granting an extension.
Section 650: Agreement – Schedule of Improvements
When installation guarantees are made pursuant to Section 610, the Village and Sub-divider shall enter into a written agreement itemizing the schedule of improvements in sequence. Each cost as listed may be repaid to the sub-divider upon completion and approval after inspection of such improvement or installation.
Section 660: Modification of Requirements
Upon approval by the Village Board, the Planning Board after due notice and public hearing may modify its requirements for any or all improvements, and the face value of the installation guarantee shall thereupon be increased or reduced by a an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Board and any security deposited with the installation guarantee may be increased or reduced proportionately.
Section 670: Inspections
Periodic inspections during the installation of improvements shall be made by the Subdivision Inspector or the Village Engineer to insure conformity with the approved plans and specifications as contained in the sub-divider’s agreement and this law. The sub-divider shall notify the Subdivision Inspector when each phase of improvements is ready for inspection. (At least five (5) days prior to commencing construction or required improvements, the sub-divider shall notify in writing both the Village Engineer and the subdivision inspector of his intent to commence construction of the improvements). Upon acceptable completion of installation and improvement, the Village Board shall issue a letter to the sub-divider or his representative certifying the completion of such work.
Section 680: Acceptance of Roads And Facilities
When the Village Department of Public Works Superintendent and the Village Engineer, following final inspection of the improvements, certify to the Village Board that all installation and improvements have been completed in accordance with the contract, the Village Board may, by resolution, proceed to accept the facilities for which installation and maintenance guarantees have been provided.
ARTICLE 7 MISCELLANEOUS PROVISIONS
Section 710: Penalty Provisions
1. Any person, firm or corporation who commits an offense against, disobeys, neglects or refuses to comply with or resists the enforcement of any of the provisions of the
Subdivision Control Law of the Village of Sackets Harbor, shall, upon conviction, be deemed guilty of a violation. Each violation is an offense punishable by’ a fine not less than $100.00 (one hundred dollars) nor exceeding $500.00 (five hundred dollars). Each week an offense is continued shall be deemed a separate violation of this law.
2. In addition to the penalties provided above, the Village Board may also maintain an action or proceeding in the name of the Village in a curt of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this law.
Section 720: Certification and Filing With County
The Village Clerk is hereby directed to forthwith file a certificate notifying the Clerk of Jefferson County of the adoption of the Local Law.
Section 730: Severability
If any clause, paragraph, section, or part of this Local Law shall be judged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate any other clause, sentence, paragraph, section or part of this Local Law.
Section 740: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State.
Subdivision Control Law – Village of Sackets Harbor.