Chapter 260

Chapter 260

SUBDIVISION REGULATIONS

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 12-28-1995 as L.L. No. 5-1995. Amendments noted where applicable.]

GENERAL REFERENCES

Environmental Quality Review — See Ch. 135.

Zoning — See Ch. 297.

 

ARTICLE I

General Provisions

~ 260-1. Legislative authority.

  The Village Board of the Village of Fredonia has, pursuant to ~~ 7-728 and 7-730 of the Village Law of the State of New York and by resolution dated December 13, 1965, authorized and empowered the Planning Board to approve plats showing lots, blocks or sites, with or without streets or highways, within the incorporated limits of the Village of Fredonia.

~ 260-2. Title.

  This chapter shall be known and may be cited as the “Subdivision Regulations of the Village of Fredonia.”

~ 260-3. General requirements.

     A. Whenever any subdivision of land is proposed, before any contract is made for the sale or any offer to sell any lots in such subdivision or any part thereof is made, before any permit for the erection of a structure in such proposed subdivision shall be granted and before any subdivision plan may be filed in the Office of the Chautauqua County Clerk, the subdivider or a duly authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedures.

     B. The Chautauqua County Clerk’s Office shall not record a plat of any subdivision within the village unless the plat has been approved in accordance with the provisions of this chapter and contains all of the appropriate signatures.

~ 260-4. Design and review policies.

  The subdivision of land shall conform with these regulations as well as with appropriate laws, rules and regulations established by all governing bodies having or claiming jurisdiction over various phases of the proposed development. It is declared to be the policy of the Planning Board to consider land subdivision to be part of a planning process that provides for the orderly, efficient and economical development of the village and in a manner that is reasonable and in the best interest of the community. In its consideration of an application for the subdivision of land, the Planning Board shall be guided by the following general requirements:

     A. Land must be buildable and free of hazards. The physical characteristics of the land to be subdivided shall be such that it can be used for building purposes without danger to health and safety or peril from fire, flood, erosion or other menace. Proper provision shall be made for vehicular and pedestrian access, stormwater drainage, water supply and sewage disposal as well as for other needed improvements.

     B. Important community resources and natural features should be preserved. Insofar as possible, all existing features of the landscape such as large trees, water and flood courses, historic sites and other significant community assets shall be preserved.

     C. Subdivisions shall be in conformance with all local legislative requirements.

ARTICLE II

Definitions and Word Usage

~ 260-5. Word usage and definitions.

     A. The following rules of construction of language shall apply to the text of this chapter:

                        (1)        All words used in the present tense include the future tense.

                        (2)        All words in the plural number include the singular number and all words in the singular number include the plural number, except as to the number of permitted structures, unless the natural construction of the wording indicates otherwise.

                        (3)        The word “person” includes an association, partnership or corporation.

                        (4)        Unless otherwise specified, all distances shall be measured horizontally along the ground.

                        (5)        The word “building” includes the word “structure.”

                        (6)        “Lot” includes the words “plot,” “parcel,” “tract” or “site.”

                        (7)        The word “premises” includes a lot and all buildings or structures thereon.

                        (8)        To “erect,” “to construct” and “to build” a building or structure each have the same meaning and also include “to excavate” for a building and “to relocate” a building by moving it from one location to another.

                        (9)        “Used” shall be deemed also to include “designated, intended or arranged to be used or occupied”.

                        (10)      “Shall” is mandatory and discretionary; “may” is permissive.

                        (11)      “He” shall include the feminine gender “she” as well.

     B. The following words or phrases as used in this chapter are defined as follows:

                        CLUSTER DEVELOPMENT — A subdivision design that incorporates modifications to minimum lot size and setback requirements in order to provide open space within the development and/or more efficient or appropriate use of land, provided that the number of lots or dwelling units does not exceed that which would be permitted in a subdivision design which meets all of the lot size and setback requirements of zoning.

                        CODE ENFORCEMENT OFFICER — The Building Inspector of the Village of Fredonia or other such person who may be appointed by the Village Board to enforce these subdivision regulations.

                        COMPREHENSIVE PLAN — A plan, prepared by the Village Board pursuant to ~ 7-722 of the Village Law, (or a plan prepared by the Village Planning Board pursuant to previous sections of Village Law) which indicates the general locations recommended for various functional classes of public works, places and structures and for the general physical development of the Village and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.

                        CONDITIONAL APPROVAL — Approval of a final plat subject to conditions set forth in a resolution conditionally approving such a plat by the Planning Board. Such conditional approval does not qualify a final plat for recording, nor authorize issuance of any building permits, prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the Office of the Chautauqua County Clerk.

                        CURB — A vertical edge along a street.

                        DESIGN CRITERIA AND CONSTRUCTION SPECIFICATIONS — The specifications entitled “Design Criteria and Construction Specifications” for the Village of Fredonia. These criteria and specifications are regulations which have been adopted by the Village Board and include those amendments, additions or deletions which the Village Board shall adopt from time to time by resolution.[1]

                        DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.

                        EASEMENT — The authorization by a property owner for the use by another, and for a specified purpose, of any designated part of said property.

                        ENGINEER OR LICENSED PROFESSIONAL ENGINEER — A person licensed as a professional engineer by the State of New York.

                        ENVIRONMENTAL ASSESSMENT FORM — A form used to determine the environmental significance of an action, in accordance with the State Environmental Quality Review Act (SEQR) regulations.

                        ENVIRONMENTAL IMPACT STATEMENT — A written document, prepared in accordance with State Environmental Quality Review Act (SEQR) regulations, which documents the potential environmental impacts of proposed actions and alternative actions.

                        FINAL PLAT — A drawing, in final form, showing a proposed subdivision containing all information or detail required by law and by these regulations to be submitted to the Planning Board for approval and which, if approved, may be duly filed or recorded by the applicant in the Office of the Chautauqua County Clerk.

                        FINAL PLAT APPROVAL — The signing of a plat in final form by a duly authorized officer of the Planning Board pursuant to a Planning Board resolution granting final approval of the plat, or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the Office of the Chautauqua County Clerk.

                        LOT — A parcel of land whose boundaries have been established by a legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for the purpose of use or transfer of title.

                        OFFICIAL MAP — The map established by the Village Board pursuant to ~ 7-724 of the Village Law, showing existing and proposed streets, highways, parks and drainage areas.

                        PLANNING BOARD — The Planning Board of the Village of Fredonia.

                        PRELIMINARY PLAT — A drawing or drawings clearly marked “preliminary plat” showing the salient features of a proposed subdivision, as specified in Article V of these regulations, submitted to the Planning Board for the purposes of consideration 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.

                        RESUBDIVISION — A change in a map of an approved or filed subdivision plat if such change affects any street layout shown on such map or area reserved thereon for public use or any change of lot lines.

                        SERVICE DRIVES — Minor ways which are use primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

                        SIDEWALK — A paved path provided for pedestrian use and usually located along the side of a street.

                        STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR) — Refers to the New York State law (Environmental Conservation Law, ~ 8-0113) and regulations (6 NYCRR Part 617) which require public agencies to consider the potential environmental impacts of an action before approving or undertaking such action.

                        STREET — A way for vehicular traffic. A street may be designated as a road, avenue, lane, alley or other similar term.

                        STREET, ARTERIAL — A street, normally a state highway, which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.

                        STREET, COLLECTOR — A street which serves or is designed to carry traffic from minor streets to the arterial street system.

                        STREET, MINOR (LOCAL) — A street used primarily to provide access to abutting properties.

                        STREET, DEAD-END OR CUL-DE-SAC — A street or a portion of a street with only one (1) vehicular traffic outlet.

                        STREET, MARGINAL ACCESS — A minor street which is parallel to and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.

                        STREET, PRIVATE — See “service drives.”

                        STREET PAVEMENT — The wearing or exposed surface of the roadway used by vehicular traffic.

                        STREET WIDTH — The width of the right-of-way, measured at right angles to the center line of the street.

                        SUBDIVIDER — Any person, firm, corporation, partnership or association, who shall lay out any subdivision or part thereof as defined herein, either for oneself or others.

                        SUBDIVISION — The division of any parcel of land into two (2) or more lots, plots, sites or other division of land for the purpose, whether immediate or future, of transfer of ownership or development, including resubdivision. A lot line adjustment that does not involve creation of a new lot shall not be included in the definition of “subdivision.”

                        SUBDIVISION, MAJOR — Any subdivision not classified as a minor subdivision.

                        SUBDIVISION, MINOR — A subdivision of land into not more than four (4) lots (including the parent parcel) from any one (1) parcel of land following the date of the enactment of these regulations. In addition, a “minor subdivision” shall not involve the creation of any new streets; the extension of any street, water or sewer line; or the installation of drainage improvements through one (1) or more lots to serve one (1) or more other lots.

                        SUPERINTENDENT OF STREETS — The Superintendent of Streets of the Village of Fredonia.

                        SURVEYOR — A person licensed as a land surveyor by the State of New York.

                        TERRACE — The area between the curb and sidewalk or, if no sidewalk exists, the area between the curb and the public right-of-way.

                        UNDEVELOPED PLAT — A plat existing at the time of the enactment of these regulations that has been filed in the Office of the Chautauqua County Clerk, where twenty percent (20%) or more of the lots within the plat are unimproved.

                        VILLAGE BOARD — The legislative (Board of Trustees) body of the Village of Fredonia.

                        VILLAGE ENGINEER — The engineer designated to act on behalf of the village by the Village Board.

ARTICLE III

Subdivision Approval Process

~ 260-6. Sketch plan approval requirements.

     A. The purpose of the sketch plan phase is to provide the subdivider with an opportunity to consult early and informally in the subdivision process with the Planning Board in order to save time and money and to improve the opportunity for more desirable development.

     B. A sketch plan may be submitted to the Planning Board for informal review for all subdivisions. The sketch plan should show the location of the subdivision, all existing structures, wooded areas, significant physical features, existing utilities and community resources and the proposed pattern of lots, streets, drainage, open space and water and sewer facilities.

     C. The subdivider may appear before the Planning Board to present the proposed sketch plan and to receive information that may be necessary to process the request. The subdivider may meet with the Planning Board prior to preparing the sketch plan to discuss procedural matters as well as pertinent development requirements and potential concerns, including but not limited to the design of streets, reservations of land, local development policies, drainage and erosion control and slope stabilization measures, water retention facilities, sewerage, water supply and fire protection.

     D. Subdividers of land adjoining state or county highways are advised to consult with the Resident Engineer of the New York State Department of Transportation or the County Highway Department at the sketch plan stage in order to resolve problems of street openings or stormwater drainage at the earliest possible stage in the design process.

     E. Where public utilities are involved, the subdivider’s engineer should contact the appropriate agencies for connection specifications and capacity requirements as well as other pertinent construction standards.

     F. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and if the proposal is consistent with existing or potential development of adjacent areas and the Village Comprehensive Plan. The Planning Board shall inform the applicant of the actions to be taken to meet the requirements of these regulations. The requirements for compliance with SEQR shall also be discussed at this stage. The Planning Board may, if it deems it appropriate, refer a copy of the sketch plan to the Village Engineer or any other village official for review and report.

     G. Within forty-five (45) days following the receipt of a complete sketch plan, the Planning Board shall transmit a written report to the applicant containing its comments concerning the design of the proposed project. Copies of minutes of relevant meetings of the Planning Board shall be considered a sufficient written report. The time frame within which the Planning Board is required to act may be extended by mutual consent of the Planning Board and the applicant.

~ 260-7. Preliminary plat approval requirements.

     A. A preliminary plat shall be prepared and submitted to the Planning Board for all proposed major subdivisions and may be submitted for minor subdivisions. The preliminary plat shall be clearly marked “preliminary plat” and shall satisfy the requirements for preliminary layouts as described in Article V of these regulations. Preliminary plats should comply with the recommendations made by the Planning Board in its report on the sketch plan. A completed Environmental Assessment Form shall also be submitted at this time.

     B. Seven (7) copies of the preliminary plat and supplementary materials specified herein shall be submitted to the Planning Board at least fourteen (14) days prior to the meeting at which it is to be considered.

     C. The preliminary plat shall be accompanied by a fee to cover administrative and inspection costs in accordance with the fee schedule adopted by the Village Board.

     D. One (1) copy of the preliminary plat shall be returned to the applicant with the notification of decision and one (1) copy shall be retained by the Planning Board. The other copies shall be used for necessary coordination with other agencies or consultants.

     E. The Planning Board shall study the preliminary plat taking into consideration the topography of the area, the requirements of the community and the best use of the land proposed to be subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water and sewer services, drainage, lot sizes and arrangements, the future development of adjoining lands as yet unsubdivided and the requirements of the village’s zoning regulations[2] and Comprehensive Plan. In the review of the preliminary plat, the Planning Board shall consult with the Village Superintendent of Streets, and with the Village Engineer if such consultation is needed, as well as with such other officials or agencies as may be appropriate. The Superintendent of Streets, Village Engineer or other appropriate officials consulted with shall report to the Planning Board concerning the adequacy of the engineering features shown on the preliminary plat.

     F. Within sixty-two (62) days following the receipt of a complete and satisfactory preliminary plat and supporting documentation, including a completed Environmental Assessment Form or notice of completion of a draft Environmental Impact Statement, the Planning Board shall, pursuant to Village Law, conduct a public hearing on the proposed subdivision. The notice of hearing shall be advertised at least once in a newspaper of general circulation in the village not less than five (5) days before such hearing.

     G. Within sixty-two (62) days following the public hearing, the Planning Board shall approve with or without modification or disapprove such preliminary plat. The grounds for a modification or disapproval, if any, shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions, the time within which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing any modification it deems necessary prior to submission of the plat in final form.

     H. Within five (5) days of the decision on the preliminary plat, the Planning Board shall file its decision in the Office of the Village Clerk. In addition, the subdivider shall be provided with written notification of the action by the Planning Board within five (5) days of the decision. In the event that the Planning Board fails to take action on a preliminary plat within the time frame prescribed herein, such plat shall be deemed to have been granted preliminary approval. The certificate of the Village Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.

~ 260-8. Final plat approval requirements.

     A. Within six (6) months of receiving approval from the Planning Board on a preliminary plat, with or without modification, the applicant may submit a final plat for approval by the Planning Board. The final plat shall be accompanied by the remainder of the subdivision fees as specified by the fee schedule adopted by the Village Board. Final plats may require further review under the State Environmental Quality Review Act (SEQR).

     B. If more than six (6) months have elapsed between the time of the Planning Board’s decision on the preliminary plat and the submission of the final plat, the Planning Board may require a resubmission of the preliminary plat prior to accepting the proposed final plat if it determines that conditions affecting the plat have changed significantly in the interim. If the Planning Board determines that the preliminary plat shall be resubmitted, the Planning Board shall conduct another public hearing on the proposed subdivision.

     C. Two (2) reproducible mylar tracings mylar plus six (6) copies of the tracing and other exhibits required for approval, as specified herein and as described in the Village’s Design Criteria and Construction Specifications,[3] shall be submitted with the application for final plat approval. When submitting a final plat for Planning Board approval, the subdivider shall also file formal offers of dedication to the village or other appropriate public agencies of all streets, parks and playgrounds and other permanent open spaces for community use as well as all utilities and storm drainage facilities as shown in the final plat. The approval of the plat does not constitute acceptance by the village of the dedication of such facilities. Evidence of all necessary easements or easement documents, if appropriate, as well as any other legal documents requested by the Planning Board, shall be submitted with the final plat.

     D. The subdivider may choose to develop the subdivision in stages. If such staging is proposed the developer shall submit the final plat for a portion of the area encompassed by the preliminary plat, provided that the proposed development stages were indicated on the preliminary plat approved by the Planning Board. A section shall include at least twenty-five percent (25%) of the total number of lots contained in the approved plat. No more than two (2) individual sections of a subdivision shall be in process or under construction at the same time.

     E. The final plat shall conform substantially to the preliminary plat approved by the Planning Board. It shall incorporate any modifications or other features that may have been recommended by the Planning Board at the preliminary plat stage. All such compliances shall be clearly indicated by the subdivider on the submission.

     F. Within sixty-two (62) days of the receipt of a complete and satisfactory final plat which the Planning Board deems to be in substantial agreement with the preliminary plat approved pursuant to this section, the Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat.

     G. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with the preliminary plat approved pursuant to this section, the following shall apply:

                        (1)        The Planning Board shall hold a public hearing on such final plat not later than sixty-two (62) days after the receipt of the final plat. The hearing shall be advertised at least once in a newspaper of a general circulation in the village at least five (5) days before such hearing.

                        (2)        The Planning Board shall by resolution conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within sixty-two (62) days after the date of the public hearing. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

     H. Written notice of the action by the Planning Board shall be mailed to the applicant and filed in the Office of the Village Clerk within five (5) days of the date of the action by the Planning Board. The action of the Planning Board shall be recorded in the Board’s minutes. In the case of the disapproval of a proposed final plat, the Planning Board minutes shall specify the reasons for disapproval. Notwithstanding the foregoing provisions of this chapter, the time within which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. In the event that the Planning Board fails to take action on a final plat within the time prescribed herein, the plat shall be considered to be approved. A certificate of the Village Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.

     I. No construction of any sort, site improvements or a building permit for any structure within the proposed subdivision shall be issued by the Code Enforcement Officer until the record sheet of the final plat has been approved by the Planning Board and the subdivision is filed in the Office of the Chautauqua County Clerk and cabinet, section and map numbers have been assigned by the County Clerk. If a permit is desired for the occupancy of a building in the subdivision prior to the completion of all of the improvements shown on the approved construction sheet of the subdivision plat, the Village Superintendent of Streets and the County Health Department, as appropriate, shall determine that the streets and utilities serving the building are sufficiently completed to adequately serve the proposed occupancy.

     J. Every final plat submitted to the Planning Board for its approval shall carry the following endorsement:

                        Approved by Resolution of the Planning Board of the Village of Fredonia, New York, on the ____ day of__________ , 19__ .

 

                        Signed this ____ day of ___________ , 19__ , by _________________ Chairperson or

 

                        _________________ Designee

     K. If the Planning Board conditionally approves the final plat, the Planning Board may authorize the Chairman or designee to sign the plat upon the completion of the requirements specified in the approval resolution. Within five (5) days of granting conditional approval, the final plat shall be certified by the Chairman of the Planning Board or designee as conditionally approved. A copy of such action shall be filed in the Office of the Village Clerk and a certified copy mailed to the subdivider, including a certified statement listing those requirements which, upon completion, would constitute approval of the final plat. Upon completion of the requirements, the plat shall be signed by the Chairman of the Planning Board or designee. Conditional approval of a final plat shall expire within one hundred eighty (180) days following the date of the resolution granting conditional approval unless all such requirements have been certified as completed. Notwithstanding the foregoing provisions of this chapter, the Planning Board may extend the time within which a conditionally approved plat must be submitted for final approval. If the Planning Board determines that such an extension is warranted, it may extend the date for no more than two (2) periods of ninety (90) days each.

     L. No changes, erasures, modifications or revisions shall be made to any final plat following approval and endorsement by the Planning Board on the plat.

     M. An approved plat shall be filed in the Office of the County Clerk within sixty-two (62) days following the date the plat is signed by the Chairman of the Planning Board, or designee, or the certificate of the Village Clerk as to the date of the submission of the final plat and failure of the Planning Board to take action thereon within the time prescribed is issued. If the plat is not filed within this time period, the approval shall become null and void. In the event that the owner shall file only a section of such approved plat in the Office of the County Clerk, the entire approved plat shall be filed with the Village Clerk within thirty (30) days of the filing of such section. Any section of the approved plat which is filed in the Office of the County Clerk shall encompass at least twenty-five percent (25%) of the total number of lots contained in the approved plat. The approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Village Law.

~ 260-9. Minor subdivision approval requirements.

     A. The Planning Board shall approve or disapprove minor subdivision final plats in accordance with the provisions of this section.

     B. Applicants for approval of minor subdivision plats are encouraged to meet with the Code Enforcement Officer to determine whether the approval process authorized by this section can and should be utilized. The Code Enforcement Officer may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to, a copy of a tax map showing the land proposed to be subdivided and all lots previously subdivided from that tract of land. Applicants for approval of minor subdivisions are not required to submit a preliminary plat. The applicant shall also submit two (2) surveys of the minor subdivision prepared by a surveyor licensed by the State of New York.

     C. The Planning Board may require a series of submittals conforming to those for major subdivisions, but may waive data requirements for good cause.

     D. In cases where the proposed minor subdivision will not pose any danger to health and safety or peril from fire, flood, erosion or other menace and where the application of these regulations will serve no substantial public interest, the Planning Board may waive any or all other requirements of these regulations for any minor subdivisions, including, but not limited to, the requirement of a public hearing.

     E. Subsequent to the adoption of these regulations, not more than three (3) additional new lots may be created out of an existing parcel (i.e., a parcel in existence on the date that these subdivision regulations were adopted) using the minor subdivision approval process, regardless of the time frame within which said lots are proposed to be created.

     F. The Planning Board shall approve, deny or conditionally approve the proposed minor subdivision final plat signature on the plat by the Chairman of the Planning Board or designee. Action by the Planning Board shall be taken within sixty-two (62) days following the receipt of a complete and satisfactory application for approval of a final plat for a minor subdivision. The time period within which the Planning Board is required to act may be extended by mutual agreement of the applicant and the Planning Board. The applicant shall be notified in writing and all decisions of the Planning Board shall be filed in the Office of the Village Clerk within five (5) days. If the Planning Board fails to act within the sixty-two-day period, the subdivision shall be deemed to be approved and the Village Clerk may issue a certificate of approval on demand.

     G. If the subdivision is disapproved, the Planning Board shall furnish the applicant with a written statement specifying the reasons for disapproval.

     H. If the subdivision is conditionally approved, the Chairman of the Planning Board or designee may be authorized to sign the plat upon the completion of the requirements specified in the approved resolution.

     I. The construction of any improvements or the provision of guarantees for such improvements shall be in accord with the procedures and requirements specified herein for major subdivisions.

     G. This ~ 260-9 supersedes ~ 7-738 of the Village Law.

~ 260-10. Resubdivision and lot line adjustments.

  For a resubdivision, the same procedure shall apply as for a subdivision. A resubdivision consisting solely of the simple alteration of lot lines where no additional lots would be created shall not be considered a subdivision pursuant to these regulations. Notification of the purpose for the division (i.e., lot line adjustment) shall be shown on the plat and in the deeds. Tax numbers shall be reassigned to the new legal descriptions.

~ 260-11. Coordination with the State Environmental Quality Review Act (SEQR).

     A. Preliminary plats and final plats where no preliminary plat was required shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.

     B. When the Planning Board is lead agency under the State Environmental Quality Review Act (SEQR), any public hearing held by the Planning Board on a preliminary plat, on a final plat where no preliminary plat was required or on a final plat which does not substantially conform to an approved preliminary plat shall be coordinated with the environmental review process as follows:

                        (1)        If the Planning Board determines that the preparation of an environmental impact statement is not required, the Planning Board will issue a negative declaration. The public hearing on the plat shall be held within sixty-two (62) days after the receipt of a complete preliminary plat; or

                        (2)        If the Planning Board determines that the preparation of an environmental impact statement is required and a public hearing on the draft environmental impact statement is held, the public hearing on the plat and the draft environmental impact statement shall be held jointly within sixty-two (62) days after the filing of the notice of completion of such draft environmental impact statement. If no public hearing is held on the draft environmental impact statement, the public hearing on the plat shall be held within sixty-two (62) days of filing the notice of completion.

                        (3)        The hearing on the plat shall be advertised at least once in a newspaper of general circulation in the village at least five (5) days before such hearing if held independently of the hearing on the draft environmental impact statement or fourteen (14) days before a hearing held jointly therewith. The hearing on the plat shall be completed within one hundred twenty (120) days after it has begun.

                        (4)        If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within forty-five (45) days following the close of such public hearing. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within sixty-two (62) days following the close of the public hearing on the plat. Within thirty (30) days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the plat.

     C. If the Planning Board is not lead agency under the State Environmental Quality Review Act, any public hearing held by the Planning Board on a preliminary plat on a final plat where no preliminary plat was required or on a final plat which does not substantially conform to an approved preliminary plat shall be coordinated with the environmental review process as follows:

                        (1)        The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the plat jointly with the lead agency’s hearing on the draft environmental impact statement. Failing such agreement, the Planning Board shall hold the public hearing on the plat within sixty-two (62) days after the receipt of a complete plat by the Clerk of the Planning Board.

                        (2)        The hearing on the plat shall be advertised at least once in a newspaper of general circulation in the village at least five (5) days before such hearing if held independently of the hearing on the draft environmental impact statement or fourteen (14) days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such a manner as it deems most appropriate for full public consideration of such plat. The hearing on the final plat shall be completed within one hundred twenty (120) days after it has begun.

                        (3)        The Planning Board shall act on the plat within sixty-two (62) days after the close of the public hearing on such plat.

ARTICLE IV

Improvements and/or Guarantees

~ 260-12. Required improvements.

     A. Prior to the approval of a final plat by the Planning Board, the applicant shall complete all of the improvements deemed necessary by the Planning Board to the satisfaction of the appropriate village departments and the Planning Board.

     B. All of the required improvements shall be made by the applicant without reimbursement by the village. Unless alternatively provided for in accord with the provisions of Village Law, said improvements shall include the following, as well as those improvements listed in the Village of Fredonia Design Criteria and Construction Specifications:[4]

                        (1)        Streets.

                        (2)        Street signs.

                        (3)        Curbing and gutters.

                        (4)        Terrace strips.

                        (5)        Sidewalks.

                        (6)        Street shade trees.

                        (7)        Monuments.

                        (8)        Storm drainage.

                        (9)        Sanitary sewers or an approved alternate system.

                        (10)      Water distribution lines and hydrants.

                        (11)      Park and recreation facilities.

                        (12)      Electrical, gas, telephone, television cable and utility lines.

                        (13)      Plantings and ground cover.

                        (14)      Driveway aprons.

     C. The subdivider shall complete all the required improvements to the satisfaction of the Village Superintendent of Streets, who shall file a letter with the Planning Board signifying the satisfactory completion of all improvements required by the Planning Board.

     D. The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Village Superintendent of Streets and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. Said map shall be submitted prior to the endorsement of the plat by the Chairman of the Planning Board or designee.

     E. The Planning Board may waive, when reasonable, any required improvements. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event that any such requirements or improvements are found not to be requisite in the interest of the public health, safety and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.

~ 260-13. Performance bond or security.

     A. Furnishing of performance bond or other security. As an alternative to the installation of infrastructure and improvements as above provided, prior to Planning Board approval, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or the Superintendent of Streets where such departmental estimate is deemed acceptable by the Planning Board, shall be furnished to the village by the owner.

     B. Security where plat approved in sections. In the event that the owner shall be authorized to file the approved plat in sections, as provided in Village Law ~ 7-728, Subdivision 10 and in ~ 260-8 of these regulations, approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the office of the County Clerk or the furnishing of security covering the costs of such improvements. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.

     C. Form of security. Any such security must be provided pursuant to a written security agreement with the village, approved by the Village Board of Trustees and also approved by the Village Attorney as to form, sufficiency and manner of execution and shall be limited to:

                        (1)        A performance bond issued by a bonding or surety company;

                        (2)        The deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state;

                        (3)        An irrevocable letter of credit from a bank located and authorized to do business in this state;

                        (4)        Obligations of the United States of America; or

                        (5)        Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements. If not delivered to the village, such security shall be held in a village account at a bank or trust company.

     D. Term of security agreement. Any such performance bond or security agreement shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three (3) years; provided, however, that the term of such performance bond or security agreement may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the performance bond or security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security or that the required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the amount of said security and upon approval by the Village Board of Trustees, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.

     E. Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Village Board of Trustees may thereupon declare the said performance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the village shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.

~ 260-14. Construction of improvements.

     A. The village shall appoint an inspector to act as agent of the Planning Board for the purpose of assuring the satisfactory completion of all improvements required by the Planning Board. The costs of such inspection shall be determined based on a fee schedule adopted by resolution of the Village Board. The applicant shall pay the village for the costs of inspection before the final plat is signed for filing. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with Planning Board’s recommendations or the approved construction detail sheets, the applicant shall be liable for the costs of completing said improvements according to the approved specifications. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat. No certificate of occupancy shall be issued for any lots for which the subdivider is deemed to be in default.

     B. If at any time before or during the construction of the required improvements it is demonstrated, to the satisfaction of the Village Superintendent of Streets, that unforseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Village Superintendent of Streets may, upon approval by a previously designated member of the Planning Board, authorize such modifications, provided that such 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 Superintendent of Streets shall issue any such authorization in writing and shall transmit a copy of such authorization under this section to the Planning Board at their next regularly scheduled meeting. The final plat construction sheets shall be modified to reflect the changes authorized by this section and made part of the subdivision file.

     C. At least five (5) days prior to commencing the construction of the required improvements, the subdivider shall notify the Superintendent of Streets in writing of the time when the construction of such improvements is to begin. This will enable the Village Board to have inspection services on site to assure that all village specifications and requirements are met during the construction of required improvements and to assure that the improvements required by the Planning Board are satisfactorily completed.

~ 260-15. Reservation of Parkland.

     A. Before the Planning Board may approve a subdivision containing residential units, the final plat shall also show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes.

     B. Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the village based on projected growth to which the particular final plat will contribute. The Planning Board shall base its requirement on accepted standards for community recreational facilities and parks.

     C. In the event that the Planning Board makes a finding pursuant to Subsection B of this section that the proposed plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located within such plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Village Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of land shown on the plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any money required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the village exclusively for park, playground or other recreational purposes, including the acquisition of property.

ARTICLE V

Specifications for Layouts and Plats

~ 260-16. Specifications for sketch plans.

  A sketch plan shall be drawn on paper or other suitable material at a scale of not more than one hundred (100) feet to one (1) inch. Sketch plans shall include the following information:

     A. Name of proposal, including name and address of the subdivider(s) and a written, clear statement of the subdivider’s intent and letter of disclosure.

     B. North point, graphic scale, date and general location map.

     C. If the subdivider intends to develop the tract in stages, the entire tract shall be depicted on the sketch plan with anticipated stages and timing of development indicated. All other lands contiguous to the proposal owned by the subdivider shall be shown on the map with the approximate acreage.

     D. Names of owners of adjacent lands or names of adjacent subdivisions.

     E. A location map showing the boundaries of the tract in relation to adjoining streets and the locations of the nearest utility services.

     F. General topography and drainage patterns of the parcel to be subdivided and parcels within two hundred (200) feet of the tract to be subdivided. All pertinent topographic features within the site and adjoining tracts, including existing buildings, watercourses, water bodies, wetlands and wooded areas, should be shown. Features to be retained as well as those to be removed should be indicated.

     G. A statement as to the proposed source of water supply and method of sewage disposal. (If the subdivision is not to be served by a public sewer system the subdivider is encouraged to contact the Chautauqua County Health Department for assistance in conducting on-site percolation tests in order to get a general idea of potential subsurface problems).

     H. The approximate lines of proposed streets and lots as well as lands identified for recreation areas or other permanent open spaces.

     I. A general statement as to how stormwater drainage is to be accommodated.

     J. An indication of existing zoning of the tract (both on and adjacent to the site) and any other legal restrictions of use.

     K. A statement as to the consistency of the proposal to the Village Comprehensive Plan.

     L. The general soil conditions of the entire site proposed for subdivision and its location with respect to a floodway or the boundaries of any areas of special flood hazard (one-hundred-year floodplain).

     M. Locations of any natural gas wells on the site.

~ 260-17. Specifications for preliminary plats.

  The preliminary plat shall be drawn on one (1) or more sheets of tracing material and shall be clearly marked as “Preliminary Plat.” The preliminary plat shall be drawn at a scale of not more than one hundred (100) feet to the inch. If more than one (1) sheet is required to show an entire tract, an index map shall be provided. Proof of ownership shall be submitted at this time. When the subdivider is someone other than the owner, an affidavit by the owner of the land consenting to the application shall be filed. The plat shall include the following information:

     A. Items A through E of ~ 260-16.

     B. Existing streets immediately adjoining and within the tract to be subdivided and the distance to the nearest major street intersection.

     C. A topographic map showing the entire site and all lands within one hundred (100) feet of the property at a five-foot interval. When additional information is needed to review the subdivision, the Planning Board may require a topographic map showing all lands within two hundred (200) feet of the property boundary.

     D. Existing drains, water lines and sanitary sewers within the tract to be subdivided and adjacent thereto. Such facilities should be identified by location, size, type and approximate elevations and gradients using mean sea level as datum plan. Existing as well as proposed easements for such facilities should also be shown.

     E. The proposed source of water supply and method of sewage disposal. A conceptual layout of each system should be delineated, including the location of hydrants and the sizing of lines to be installed. Where water mains are not looped, hydrants shall be provided. If waste disposal is to be provided on-site, the subdivider shall provide the results of percolation tests in the approximate locations where proposed disposal systems are to be located.

     F. A tracing overlay showing all soils and their classification. Areas with moderate to high susceptibility to erosion, if any, shall be highlighted. The subdivider shall also include information about existing on-site vegetation.

     G. A separate drainage report, including calculations for runoff and pipe and channel sizing, which clearly describes how runoff will be handled during grading and development. The use of erosion and sedimentation prevention measures should be described. The report shall provide sufficient details to comply with the requirements for stormwater management plans administered by the New York State Department of Environmental Conservation and shall include the preliminary design of bridges and culverts. The design of stormwater retention facilities shall be as specified in the Design Criteria and Construction Specifications.[5] Design of bridges and culverts must conform to the requirements of the appropriate jurisdiction (Village Superintendent of Streets, State Department of Transportation or County Department of Public Works).

     H. The approximate lines and gradients of proposed streets and sidewalks and the names of proposed streets.

     I. A preliminary grading plan of the site at a contour interval of two (2) feet, showing the locations and approximate sizes of cuts and fills and cross sections for any final grading steeper than three horizontal to one vertical (3 to 1) or where the cut or fill will be more than five (5) feet.

     J. The approximate lines of proposed lots, the acreage or square footage contained in each lot and individual lot numbering. If a proposed lot contains one (1) or more existing buildings, the proposed yard dimensions for such buildings shall be noted.

     K. The locations and dimensions of areas proposed for permanent open space.

     L. The location of any municipal boundary lines and zoning district lines within the tract.

     M. Any nonconforming lots, showing the required and actual areas, yards and setbacks.

     N. Copies of any deed restrictions or covenants as they may apply to any or all parts of the subdivision.

     O. Location, type and ownership of any natural gas wells within the site.

     P. The location and type of any known potentially hazardous materials on or adjacent to the site.

     Q. The location and quality of water bodies directly affected by and adjacent to the site.

     R. An indication of any federal, state or county permits that may be required.

     S. The locations of any buffers to be provided either during or after the completion of construction.

     T. The location, size and type of proposed outdoor lighting.

     U. Facilities for fire protection.

     V. Facilities for vehicular and pedestrian traffic, circulation and parking.

~ 260-18. Specifications for final subdivision plats.

  The final plat shall be drawn in ink on mylar or material equally acceptable for filing by the Chautauqua County Clerk. Said plat shall contain sufficient survey data to readily determine the location, bearing and length of all lines shown thereon and to permit the reproduction of such lines upon the ground. The final plat submission shall be composed of three (3) parts, namely, construction sheet, record sheet and drainage report, as described in the subsections that follow. Two (2) mylar copies shall be submitted to the Village Planning Board. One (1) approved copy will be retained by the village; the other will be filed with the County Clerk.

     A. Final plat construction sheet. The construction sheet shall not be larger than thirty-four (34) inches by forty-four (44) inches in size nor smaller than eighteen (18) inches by twenty-four (24) inches. It shall be drawn at a scale of fifty (50) feet to one (1) inch and shall contain the information listed below. Where more than one (1) sheet is required to depict the entire subdivision, a key sheet shall be provided. All data shown on the construction sheet shall be in accordance with the requirements of the Village Engineer and/or Village Superintendent of Streets and the village’s construction specifications and shall include:

                        (1)        Items A through C of ~ 260-16.

                        (2)        The lines of existing and proposed streets and sidewalks immediately adjoining and within the subdivision.

                        (3)        The names of existing and proposed streets.

                        (4)        Typical cross sections of proposed streets.

                        (5)        Profiles of proposed streets at suitable vertical scale showing finished grades in relation to the existing ground elevation.

                        (6)        The layout of proposed lots, including lot numbers.

                        (7)        Provisions for water supply and sewage disposal and, if applicable, evidence that such provisions have received approval of the Chautauqua County Department of Health.

                        (8)        The location and size of existing and proposed stormwater pipes, sanitary sewer lines and watermains on the property or into which any connection is proposed.

                        (9)        Locations of survey monuments. Prior to the acceptance of the dedication of new streets, a certificate by a licensed land surveyor must be filed certifying that the above monuments have been placed where indicated on the map at the appropriate stage of construction as determined by the Village Superintendent of Streets.

                        (10)      Plans and typical cross sections of proposed sidewalks.

                        (11)      Plans for any proposed neighborhood park or playground within the subdivision, including landscaping.

                        (12)      A planting plan for street trees where required indicating the location, varieties and minimum size of trees to be planted and of existing trees to be preserved as street trees.

                        (13)      Brief specifications or reference to village standards for all facilities to be constructed or installed within the subdivision.

                        (14)      Specifications for all bridges and culverts and approvals from the appropriate jurisdiction (e.g., New York State Department of Transportation, County Department of Public Works, Town of Pomfret, etc.) if needed.

                        (15)      Locations of any natural gas wells within the site.

                        (16)      Certification by a licensed professional engineer or a licensed land surveyor as evidence of professional responsibility for the preparation of the construction sheet.

     B. Final plat record map. Unless the Chautauqua County Clerk specifies otherwise, the record sheet shall be no larger than twenty-four (24) by thirty-six (36) inches in size, shall be drawn on mylar or linen at a scale not greater than fifty (50) feet to one (1) inch and shall show the information listed below. Where more than one (1) sheet is required to show the entire subdivision, an index map drawn to scale showing all sections shall be provided. The final plat record map shall include:

                        (1)        Items A and B of ~ 260-16.

                        (2)        The boundaries of the subdivision and information to show the location of the subdivision in relation to surrounding properties and streets, including the names of owners of adjacent lands or the names of adjacent subdivisions. Whenever practicable, the subdivision boundary shall be referenced from two (2) directions to establish United States Coast and Geodetic Survey monuments or New York State Plane Coordinate monuments. In the event that such monuments have been obliterated or are otherwise unavailable, the subdivision boundary shall be referenced to the nearest highway intersections or previously established monuments of subdivisions or public lands. Any combination of types of reference points may be accepted that would fulfill the requirements of exact measurements from the subdivision boundary to reference points previously established for or by a public agency.

                        (3)        The lines of existing and proposed streets and sidewalks within the subdivision and their interconnection with existing or proposed streets and sidewalks on adjoining properties.

                        (4)        The lines and dimensions of proposed lots, which shall be numbered. If a proposed lot contains one (1)  or more existing buildings, the yard dimensions for such buildings shall be indicated. Existing buildings outside the limits of the plat but within seventy-five (75) feet of any proposed street or thirty (30) feet of any proposed lot line shall also be shown.

                        (5)        The lines and purposes of existing and proposed easements immediately adjoining and within the subdivision.

                        (6)        The lines, dimensions and area in square feet of all property proposed to be reserved by deed restriction or covenant for the common use of property owners of the subdivision or for any other reason.

                        (7)        The location of monuments to be placed within the subdivision.

                        (8)        The locations of existing and proposed water supply lines, storm sewers and sanitary sewers within the subdivision.

                        (9)        The locations of any municipal boundary lines within the subdivision.

                        (10)      The seal and certification by a licensed land surveyor as evidence of professional responsibility for the preparation of the record map and a place for the cabinet, section and map numbers (or liber and page numbers) when filed.

                        (11)      Offers of dedication to the village of any open space, recreation street or other improvements and those facilities to be retained by the subdivider, including the method of maintenance and improvement thereof. Such offers shall be received and approved by the Village Attorney as to their legal sufficiency.

     C. Subdivision drainage plan and erosion control plan. This plan shall be on a separate sheet of the same size and scale as the record map and shall contain the following information:

                        (1)        Plans, profiles and typical and special cross sections of proposed stormwater drainage facilities.

                        (2)        Supporting final design data and copies of computations used as the basis for the design capacities and performance of the drainage facilities.

                        (3)        Subdivision grading plan developed to suitable contour interval, with grading details to indicate proposed street grades and building site grades and elevations through the subdivision. The contour interval of the grading plan shall either be one (1), two (2) or five (5) feet (vertical). The interval selected shall result in a horizontal distance between contour lines of not more than one hundred (100) feet. All grades shall be referenced to United States Coast and Geodetic Survey datum.

                        (4)        A stormwater management plan shall be prepared in conformance with the DEC publication “Reducing impacts of Stormwater Runoff from New Development,” including all subsequent amendments and other provisions of the New York State Department of Environmental Conservation. Such plan shall be available on-site at all times during construction.

                        (5)        If the subdivision is within or adjacent to the boundary of a one-hundred-year floodplain, the subdivision drainage plan shall contain a detailed analysis of the area with respect to floodplain management and land use.

                        (6)        The location of all buildings proposed, if known.

                        (7)        The number of each lot.

                        (8)        The location and means of controlling erosion within the project limits.

                        (9)        Slope stabilization details.

                        (10)      Stormwater detention basins.

ARTICLE VI

Design Standards

~ 260-19. General.

  The Planning Board, in reviewing an application for approval, shall be guided by the considerations and standards presented in this Article. The Planning Board shall take into consideration the prospective character of the development and require that improvements be designed to ensure the reasonable protection of the public health, safety, morals and general welfare. In addition, all designs and improvements shall be in accordance with the Village’s Design Criteria and Construction Specifications.[6]

     A. Land to be subdivided or developed 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. Proper provisions shall be made for drainage, water supply, sewage and other needed improvements.

     C. All proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of neighboring properties.

     D. Cluster development. Pursuant to New York State Village Law ~ 7-738, the Planning Board may modify lot size and setback requirements of the zoning law[7] in order to approve a cluster development if the Planning Board finds that a cluster development would provide the most appropriate use of land, would facilitate the adequate and economical provisions of streets and utilities, would preserve the natural scenic qualities of open lands and/or would protect adjoining neighborhoods from the potential impact of new development. A cluster development shall not contain a greater number of dwelling units or building lots than would, in the Planning Board’s judgment, be permitted if the site were subdivided into lots containing the minimum lot size and density requirements of the zoning law pertaining to the district or districts in which such site is located and conforming to all other applicable requirements.

     E. A safe and convenient street system, consistent with the Village’s Comprehensive Plan and conforming to the Official Map, if such exists, shall be created. Streets shall be of such width, grade and location so as to accommodate the type and volume of traffic that is anticipated to facilitate fire protection and to provide fire-fighting equipment with access to buildings.

     F. Provisions shall be made to reserve open spaces for parks and playgrounds or to require recreation fees in lieu thereof in order to achieve the goals and objectives of the Village’s Comprehensive Plan and Official Map.

     G. Insofar as possible, all existing features of the landscape such as large trees rock outcrops, water sources, historic resources and other significant assets that would add to the value of the site should be preserved in the subdivision design.

     H. The location and installation of sewer, water, gas, electric, street lighting and other public facilities shall be coordinated so that they may be operated and maintained at minimum cost.

~ 260-20. Lots and blocks.

     A. Lot size and arrangement.

                        (1)        The dimensions and arrangements of lots shall be such that there will be no foreseeable difficulties, for reasons of topography, reservations, dedications or other conditions, in providing access to buildings on such lots or in securing building permits in compliance with existing zoning regulations as well as other village requirements.

                        (2)        The lot size, width, depth, shape, orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

                        (3)        Subdivision lots should be laid out as much as possible so that side or rear lot lines follow the centerlines of streams or drainageways that may lie within the subdivision.

                        (4)        Except as may be authorized by the Planning Board under the cluster development provisions of ~ 260-19, all lots shown on the subdivision plat shall conform to the minimum requirements of the village’s zoning laws[8] as to area and dimensions for the zone in which the subdivision is located.

                        (5)        Notwithstanding any provision of law to the contrary and except as may be authorized by the Planning Board under the cluster development provision, where a plat contains one (1) or more lots which do not comply with the village’s zoning laws, application may be made to the Zoning Board of Appeals for an area variance pursuant to ~ 7-712-b of the Village Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. In reviewing such application, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.

                        (6)        Corner lots shall have extra width sufficient to comply with required building setback lines on both streets as required by the village’s zoning laws.

                        (7)        Where existing streets have been proposed for future widening, all building setbacks shall be measured from the proposed right-of-way line.

                        (8)        Side lines of lots shall generally be at right angles to straight streets and radial to curved streets.

                        (9)        Block lengths and widths shall be appropriate to accommodate the size of lots required by the village’s zoning laws and to provide for convenient access, circulation control and traffic safety.

                        (10)      Blocks intended for commercial or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.

                        (11)      Double frontage lots [which have access to two (2) parallel streets] will not, in general, be approved.

     B. Access.

                        (1)        Each lot shall have access to a street built to the village’s specifications.

                        (2)        Where lots abut an existing state highway, either a system of marginal access streets or a reverse frontage approach shall be used in order to minimize the number of driveways and/or streets entering onto these state highways.

                        (3)        Where the marginal access technique is employed, a nonaccess easement shall be required along the rear portion of the lot next to and parallel to the highway right-of-way line.

                        (4)        Where a watercourse separates the buildable area of a lot from the street which provides access to the lot, provision shall be made for the installation of a culvert or other drainage structure. Said culvert or drainage structure shall be subject to the same design criteria and review as all other stormwater drainage facilities in the subdivision.

~ 260-21. Streets.

     A. Design and layout of streets.

                        (1)        The design of the street pattern shall be based upon a local residential or minor street pattern connected to a residential collector street system.

                        (2)        The arrangement of streets in a new subdivision shall provide for the continuation of existing streets in adjoining areas and shall reserve space for future street extensions where the adjoining land has not been developed.

                        (3)        Local residential streets shall be designed so as to discourage through traffic.

                        (4)        All right-of-way street widths and street pavements shall be measured at right angles or radial to the center line of the street.

                        (5)        Local (minor) streets shall have a right-of-way of at least fifty (50) feet in width and a pavement width of not less than twenty-four (24) feet, plus curbing, unless hereinafter otherwise provided.

                        (6)        Streets classified as “collector streets” by the Planning Board shall have a right-of-way of at least sixty-six (66) feet in width and a pavement width of not less than thirty-six (37) feet, plus curbing.

                        (7)        The minimum radius of horizontal curves, minimum length of vertical curves and minimum length of tangents between reverse curves shall be in accordance with specifications established by the Village Superintendent of Streets. Such design features shall be reviewed by the Village Superintendent of Streets who shall report his recommendation to the Planning Board prior to final approval.

                        (8)        Street grades, wherever feasible, shall not exceed eight percent (8%), with due allowance for reasonable vertical curves and with not less than two hundred (200) feet between changes of grade.

                        (9)        In order to facilitate drainage, no street grade shall be less than one percent (1%).

     B. Construction of streets.

                        (1)        All streets shall be of asphalt pavement and meet all requirements specified in the Design Criteria and Construction Specifications[9] approved by the Village Board.

                        (2)        Concrete or granite curbing shall be installed along all new streets.

                        (3)        Due to the general soil conditions within the village and normal construction sequences for development, it is deemed to be in the best interests of the village that the following procedures be followed:

                                    (a)        Binder material shall not be placed prior to the completion and approval of all underground utilities, including the private utility services and a review of the road base by the village.

                                    (b)        The weather and seasonal limitations as specified under the Standard Specifications of New York State Department of Transportation shall apply for placing of bituminous mixtures. Restrictions B(3)(a) and B(3)(b) imply completion of all underground systems well in advance of the developer’s schedule for paving.

                                    (c)        Certificates of occupancy shall not be issued unless a proper road surface as herein specified has been constructed.

                                    (d)        Prior to installing the top course, the developer shall substantially complete the related construction in the developed area. Appropriate steps shall be taken to limit the accumulation of stormwater on the roadway. This will help to ensure that the area will receive a new pavement top that is less susceptible to marring or patching as a result of normal construction activity. Unless a specific waiver is obtained in writing from the village’s Superintendent of Streets, the final top course shall be installed by the developer before the end of the construction season during which the binder course was placed. Before the expiration of the maintenance bond and before the final top is applied, the village and the developer will hold a final site review to assess any damages or repairs that will be completed by the developer under the maintenance agreement. Once the top course has been installed, final acceptance of all roadway improvements shall be obtained from the Village Board.

                        (4)        Driveway culverts.

                                    (a)        The installation of driveway culverts requires approval and a permit for culvert location, size and material from the state, county or village street department having jurisdiction over a given road. New driveway culvert installation shall be the responsibility of the developer and owner following the receipt of a permit.

                                    (b)        The village reserves the right to remove and/or install driveway or roadway culverts along any existing road to properly transmit surface drainage as determined by the Village Engineer and the Superintendent of Streets.

     C. Street intersections.

                        (1)        No intersection of two (2) streets shall be within two hundred (200) feet of any other intersection.

                        (2)        Streets shall not curve or turn significantly within one hundred (100) feet of an intersection.

                        (3)        Whenever possible, streets should intersect at right angles. Streets should not intersect at angles of less than seventy-five degrees (75°).

                        (4)        Multiple intersections involving the junction of more than two (2) streets shall not be permitted.

                        (5)        Local residential streets and residential collector streets shall not intersect with state highways less than eight hundred (800) feet apart, measured from centerline to centerline.

                        (6)        The minimum distance between centerline offsets at street jogs shall be one hundred twenty-five (125) feet.

                        (7)        Property lines at street intersections shall be rounded with a radius of ten (10) feet or with a greater radius if deemed necessary by the Planning Board.

                        (8)        Curb radii at intersections shall be not less than twenty-five (25) feet.

     D. Access to adjacent parcels and subdivisions. All proposed subdivisions shall be designed to provide access to adjacent properties. When a proposed subdivision abuts an existing subdivision, the subdivider shall make every attempt to design the street system of the proposed subdivision to connect with dead-end or stub streets of existing subdivisions.

     E. Cul-de-sac and dead-end streets.

                        (1)        If possible, all cul-de-sac streets should drain toward their entrance.

                        (2)        Unless there is the expectation of extending the street through to the adjoining property, a cul-de-sac street should never be brought to the property boundary line, but should be placed so that lots can back onto the property line of the subdivision.

                        (3)        No cul-de-sac shall exceed four hundred (400) feet in length.

                        (4)        All cul-de-sac streets shall have a turnaround at the end of the street with a right-of-way diameter of not less than one hundred twenty (120) feet; the outer curb at the turn shall have a minimum diameter of ninety-seven (97) feet, a twenty-four-foot pavement width, plus curbing.

                        (5)        If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for the future extension of the street through to the adjacent property and reversion of the excess right-of-way to the adjoining properties.

     F. Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width shall be required.

     G. No street shall have a name that will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name. Street names shall be approved by the Village Board.

     H. Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Board may require special treatment of the land areas bordering such street in order to protect residential properties and to effectively separate through and local traffic.

     I. Where a subdivision borders on or contains a railroad right-of-way, the Planning Board may require a street or streets parallel to such right-of-way in order to make appropriate use of the land adjacent to such right-of-way.

~ 260-22. Service drives.

     A. Service drives may be permitted in business, commercial and industrial districts, although it is recommended that other definite and assured provisions be made for service access, such as off-street loading, unloading and parking that is adequate to serve the proposed use.

     B. The width of a service drive, if proposed, shall not be less than twenty (20) feet.

     C. Dead-end service drives shall generally not be allowed. However, if such is unavoidable, such service drives shall be provided with adequate turn around facilities at the closed end, as required by the Planning Board.

~ 260-23. Sidewalks.

  Concrete sidewalks shall be installed along both sides of all new streets. Sidewalks shall be at least five (5) feet in width.

~ 260-24. Prevention of landlocked parcels.

  No division of land shall result in any parcel not having at least one (1) access point to at least one (1) street that can be improved to meet village standards. Where the remainder of a parcel is located so that access to a public street would be gained by a street extending from the main portion of the parcel, there shall be enough land remaining to provide for the extension of a public (or private) street from this parcel to an existing street.

~ 260-25. Buffers and berms.

     A. If a residential subdivision abuts an arterial street, adjacent lots shall front on a residential access street and a landscaped buffer area shall be provided along the property line adjoining the highway. The buffer strip shall be a minimum of twenty-five (25) feet in width and shall include both trees and shrubs. The Planning Board may require buffers in other areas, along with berms, to reduce noise levels and undesirable vistas.

     B. Design. The arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four (4) feet and the maximum side slope shall be two to one (2:1).

     C. Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a year-round screen at least eight (8) feet in height shall be produced within three (3) growing seasons. All plantings shall be installed according to accepted horticultural standards.

     D. Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season. Dead and dying plants shall be replaced by the subdivider during the next planting season. No buildings, structures, storage of materials or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.

~ 260-26. Provisions for future resubdivision.

  If a tract is subdivided into lots which are more than twice the size of the minimum lot size required in the zone district in which the subdivision is located, the Planning Board may require that streets and lots are laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations and the village’s zoning laws.[10]

~ 260-27. Nonresidential subdivisions.

  Standards for the design and construction of nonresidential subdivisions shall be governed by sound engineering and planning practice. Utilities shall be sized commensurate with the anticipated demand based upon the full development of the subdivision.

~ 260-28. Self-imposed restrictions.

  The owner of any property may impose greater restrictions on any development than those required by the village’s subdivision and zoning regulations. Such restrictions, if any, shall be indicated on the preliminary and final subdivision plats.

~ 260-29. Easements.

     A. An easement shall be provided for all natural drainageways and all utility lines in those instances where such utility lines do not fall within a dedicated right-of-way. All easements shall be plotted on the preliminary plat and subdivision plat. A clause shall be inserted in the deed of each lot affected by an easement indicating the existence and purpose of the easement.

     B. Where a subdivision is traversed by a drainageway, channel or stream, a drainageway easement conforming substantially with the lines of such watercourse shall be provided. The easement shall be of such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance.

     C. To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.

~ 260-30. Erosion and sediment control.

     A. General.

                        (1)        It is the village’s intent to control soil movement by employing effective erosion and sediment control measures before, during and after site disturbance.

                        (2)        Erosion and sediment control measures, both temporary and permanent, shall be designed and presented for approval to the Planning Board prior to any site development or soil disturbance.

                        (3)        The Planning Board and its designated representatives will evaluate submitted erosion and sediment control design plans against the most current edition of “New York Guidelines for Urban Erosion and Sediment Control” manual as prepared by the USDA – Soil Conservation Service. A typical flow chart for erosion control means and methods to be considered follows this section.[11]

     B. Vegetative controls. To attain the village’s goals, vegetative measures should be used in a site design to control surface water runoff, stabilize soil and entrap soil sediments generated from erosion.

                        (1)        Site slopes shall be graded to be stable and provide control of any surface or subsurface water prior to vegetative plantings.

                        (2)        Site disturbance, especially in sensitive areas, shall be kept at a minimum. Designs shall limit the removal of existing trees, hedge rows and indigenous plant cover.

                        (3)        The developer shall take whatever action is necessary to establish a stabilized vigorous stand of vegetative cover on all disturbed site soils as soon as possible following initial soil movement.

                        (4)        If phasing is necessary to meet these conditions, the developer shall present this information as part of the development plans presented for village review.

     C. Structural controls. Some projects may require erosion and sediment controls that will be permanent in nature. If these measures are determined to be necessary, the village may require them to be fully functional before upland site disturbance begins. Such structures may include but are not limited to such features as siltation traps, ponds, diversion swales or dikes.

     D. Maintenance measures. It is imperative that both the vegetative and structural components be inspected periodically and maintained for optimum erosion and sediment control. Facilities must be cleaned, repaired and/or replaced as necessary in order to meet the original design criteria established in the project approval.

                        (1)        Dedicatible projects. If the project under consideration involves the dedication of constructed facilities to the village, the developer shall be required to include sufficient funds in the maintenance bond to cover the projected cost of maintaining such facilities for a two-year period.

                        (2)        Private project. If a project includes facilities which are not to be dedicatible to the village, the developer is responsible to make sure that erosion control facilities are constructed and properly maintained. Final acceptance of the erosion control facilities is necessary for the village to issue a certificate of occupancy.

     E. Penalty. The village is empowered to assess reasonable penalties to a developer/site owner for failure to properly construct, operate and maintain an approved soil erosion and sedimentation control plan. The penalties shall be as follows:

                        (1)        The developer/site owner shall be charged for the village’s costs for, but not limited to, cleaning ditches, swales, drains or streams required due to the failure of the developer to properly construct, operate and maintain site erosion and sedimentation control devices.

                        (2)        No further reviews of such project shall be conducted by the village until all payments for the village charges have been satisfied and/or satisfactory completion of the required erosion and sediment control measures has occurred by the developer/site owner.

~ 260-31. Storm and surface drainage.

     A. All storm sewers and drainage facilities such as gutters, catch basins, bridges, culverts and swales shall be designed for the development and be subject to the approval of the village. Such facilities shall be capable of handling upland flows that may be generated from future land development.

     B. The following points should be considered in the design of storm drainage facilities:

                        (1)        Lots shall be laid out and graded to provide positive drainage away from buildings.

                        (2)        Storm sewers, culverts and related installations shall be provided to:

                                    (a)        Permit unimpeded flow of natural watercourses.

                                    (b)        Ensure adequate drainage of all low points.

                                    (c)        Intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained.

                        (3)        Discharge of sump pumps or roof leaders directly to roadside gutters or channels shall not be permitted.

                        (4)        The stormwater management system shall be designed to prevent increased runoff over adjacent properties.

                        (5)        The village shall require the completed construction and the design engineer’s certification of all surface drainage improvements and erosion control measures before any building permits are issued for proposed subdivisions.

~ 260-32. Sewage disposal systems.

     A. If a public sewer line is within one hundred (100) feet of the property line for a property for a single or two-family home or within five hundred (500) feet of the lot line for a three-family-or-more residential dwelling or for commercial/industrial uses, sanitary sewers and appurtenances shall be designed to adequately serve all units with connections to the public system. The design and installation of said sewers shall be subject to the approval of the Planning Board and other appropriate agencies.

     B. Where lots cannot be served by the extension of an existing public sanitary sewer, the developer shall obtain the approval of individual subsurface disposal systems by other appropriate agencies.

     C. Once the individual disposal systems are installed they shall be inspected by a licensed professional and certified to the Village Building Department as to their installation relative to the approved plans. The village assumes no liability for the performance of individual disposal systems.

     D. In areas not presently served by public sanitary sewers, the Planning Board may require, in addition to installation of temporary individual on-site sewage disposal facilities, the installation and capping of sanitary sewer mains and house connections if studies of the Planning Board indicate that extension of public sanitary sewer trunks or laterals to service the property subdivided appears probable or necessary to protect the public health.

~ 260-33. Water supply.

     A. Connection to the village’s public water supply shall be required for all new development. The developer shall provide and dedicate to the village a complete water distribution system. The design and installation of said system shall be subject to the approval of the Planning Board and jurisdictional agencies.

     B. If a private on-site system is to be used as a supplemental water supply, the following provisions shall apply:

                        (1)        The individual source must have a minimum sustained flow of five (5) gallons per minute of potable water.

                        (2)        There must be a minimum flow pressure of twenty (20) pounds at all fixtures in the proposed unit.

                        (3)        A certificate of water quality and quantity from a New York State approved testing laboratory must be submitted to the Building Department before a building permit is issued.

                        (4)        A backflow preventer shall be installed in accordance with New York State Public Health Laws, and there shall be no interconnections between the municipal supply and an individual water supply system.

~ 260-34. Landscaping.

     A. Adequate site landscaping shall be required of the developer on any lands developed in the village. The Planning Board will notify the developer after the sketch plan has been reviewed by the Board if a specific landscaping plan is required. The landscaping plan will designate plant species and locations.

     B. Street shade trees shall be provided along all new streets. Trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight distances or street lights. Location, spacing and species shall be approved by the Planning Board and the Village Superintendent of Streets. The minimum caliper diameter of all trees planted shall be two (2) inches.

     C. At least one (1) tree shall be planted within each lot in a subdivision.Trees planted within private lots shall be outside the road or utility rights-of-way and easements in accordance with the following provisions:

                        (1)        Impacts shall be considered on sight distances.

                        (2)        The trees are to be a minimum of ten (10) feet from the edge of any right-of-way and/or easement.

                        (3)        There shall be no underground utilities within fifteen (15) feet of any proposed tree.

                        (4)        The trees shall be of a variety that do not generally have a wide-spreading root system and a large spreading trunk base.

~ 260-35. Monuments.

     A. Permanent reference monuments shall be set at final grade at all corners and angle points of the boundaries of any major subdivision plan and at all street intersections and such intermediate points as may be required.[12]

     B. These markers shall be set by a licensed land surveyor and certified to the village as true and accurate before a certificate of occupancy is issued.

~ 260-36. Street signs.

  Permanent street signs, of the same specifications as those of the Village Streets Department, shall be erected at each intersection by the Department and paid for by the village.

~ 260-37. Streetlighting.

  The Planning Board may require adequate street, sidewalk or site lighting to be installed. Such a system shall be coordinated with the electrical utility system and designed to keep light from illuminating areas outside of the developed site.

~ 260-38. Electric, telephone, cable tv or other buried cable utility.

     A. In every development, provisions shall be made for service from the private utility supply systems. All utilities serving a major subdivision and a streetlighting system shall be underground, rather than on poles, standards or towers. Underground conduit and cables shall be installed per the regulations of the Public Service Commission and a minimum of two (2) feet below any drainageway. Private underground utilities shall be installed within a fifteen-foot-wide easement outside the road right-of-way.

     B. Utility services for any minor subdivision proposed shall be consistent with the service methods that exist within five hundred (500) feet of proposed development area. Applicants shall discuss the service method to be used for every development with the Planning Board.

ARTICLE VII

Administration and Enforcement

~ 260-39. Administration.

     A. These regulations shall be administered by the Village Planning Board and shall be subject to the conditions and requirements stated herein.

     B. The Planning Board may, if it finds that strict compliance with these regulations may be unreasonable and not in the public interest, waive or modify the requirements so that substantial justice may be done and the public interest secured. Such modifications or waivers shall not, however, have the effect of nullifying the intent and purpose of the Village’s Comprehensive Plan or any local legislative requirements.

     C. Whenever the requirements of these regulations are at variance with the requirements of any other legally adopted rules, regulations, laws or resolutions, the most restrictive or those imposing the higher standards shall govern, excepting those provisions of these regulations that may be waived or modified by the Planning Board.

~ 260-40. Fees and reimbursable costs.

     A. All fees applicable under these regulations are detailed in a separate fee schedule established by the Village Board and are adopted herein by reference. All fees shall be paid at appropriate times and no building permits shall be issued until all owed fees are paid. Reasonable costs incurred by the Planning Board or its agents in connection with the review of a proposed subdivision shall be charged to and paid by the applicant.

     B. Final plat approval shall not be given until all applicable fees and expenses have been paid in full. The letter of credit shall not be released until all fees and expenses have been paid. Failure of the subdivider to pay the fees and expenses shall be grounds to deny building permits within the subdivision.

~ 260-41. Enforcement; penalties for offenses.

     A. The Code Enforcement Officer is hereby authorized to enforce the provisions of these regulations or any determination made by the Planning Board in the administration of these regulations.

     B. No land shall be subdivided in violation of this chapter. Any subdivision attempted in violation hereof shall be invalid.

     C. No permit shall be issued for development upon any lot, tract, parcel or site created in violation of this chapter. The assignment of a tax number or other mode of separate identification of a unit of land by the Assessor for the purpose of tax administration shall not be deemed to create or legitimize a subdivision otherwise invalid hereunder.

     D. A violation of these regulations is an offense punishable by a fine not exceeding two hundred fifty dollars ($250.) for any offense, recoverable with costs and/or imprisonment not exceeding thirty (30) days. Each day that a violation continues shall constitute a separate offense and shall be punished as herein provided.

     E. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or if any building, structure or land is used in violation of this chapter or of any regulation made under the authority conferred hereby, the Village of Fredonia or other proper local authority of the village may institute any appropriate action of proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use or division of land to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or out of such premises.

~ 260-42. Repealer.

  Any ordinances or regulations or laws of the Village of Fredonia inconsistent herewith, including the Subdivision Regulations of the Village of Fredonia adopted January 23, 1967, and amendments thereto, are hereby repealed.

[1] Editor’s Note: The Village’s Design Criteria and Construction Specifications are on file in the office of the Village Clerk.

[2]Editor’s Note: See Ch. 297, Zoning.

[3]Editor’s Note: The Village’s Design Criteria and Construction Specifications are on file in the office of the Village Clerk.

[4] Editor’s Note: The Village’s Design Criteria and Construction Specifications are on file in the office of the Village Clerk.

[5]Editor’s Note: The Village’s Design Criteria and Construction Specifications are on file in the office of the Village Clerk.

[6]Editor’s Note: The Village’s Design Criteria and Construction Specifications are on file in the office of the Village Clerk.

[7]Editor’s Note: See Ch. 297, Zoning.

[8]Editor’s Note: See Ch. 297, Zoning.

[9]Editor’s Note: The Village’s Design Criteria and Construction Specifications are on file in the office of the Village Clerk.

[10] Editor’s Note: See Ch. 297, Zoning.

[11]Editor’s Note: Said flow chart is included at the end of this chapter.

[12]Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.