Town of Ulysses, NY
Tompkins County
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Table of Contents
Table of Contents

§ 212-140 Review procedures and design standards.

A. 
Declaration of policy.
(1) 
By the authority of Town Law § 276 of the State of New York, the Planning Board of the Town of Ulysses is authorized and empowered to:
(a) 
Approve plats showing lots, blocks, or sites, with or without roads or highways.
(b) 
Approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the County.
(c) 
Conditionally approve preliminary plats.
(2) 
It is declared to be the policy of the Town Board to direct the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the Town. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health, or peril from fire, flood or other menace; that proper provision shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be laid out and sized in accordance with applicable zoning; that the proposed roads shall compose a convenient system conforming to the Ulysses Zoning Official Map; that proposed roads shall be properly related to the proposals shown on the Ulysses Comprehensive Plan and shall be of such width, grade, and location as to accommodate the prospective traffic, to facilitate fire protection, and to provide access of firefighting equipment to buildings; and that proper provision shall be made for open spaces, parks, and playgrounds.
(3) 
Failure to notify the Zoning Officer of any conveyance by subdivision shall be a violation of this chapter and will be enforced by both civil action and financial penalties inclusive of injunctive relief to the effect of terminating prior conveyances.
B. 
Applicability and legal effects.
(1) 
Applicability of these regulations.
(a) 
Any division of a lot into two or more lots, whether new streets, public facilities, or municipal utility extensions are involved or not.
(b) 
Any other land transaction which requires filing of a plat with the County Clerk.
Note: Consolidation of lots for tax purposes as initiated by landowners and approved by the County Assessor shall be registered with the Zoning Officer.
(2) 
Legal effect: land-use regulations. Whenever any subdivision of land is proposed to be made and before any site modifications are made and before any permit for the erection of a structure in such proposed subdivision is granted, the subdivider or a duly authorized agent must apply for in writing and receive approval of the proposed subdivision in accordance with these regulations.
(3) 
Legal effect: filing of plats with County Clerk. Before any plat or licensed survey map of land in the Town of Ulysses is filed with the County Clerk, the plat or licensed survey map must be approved by the Zoning Officer or the Planning Board, as applicable, in accordance with the procedures of this chapter and Town Law § 276.
(4) 
Plat void if revised after approval. No changes, erasures, modifications, or revisions shall be made in any subdivision plat or licensed survey map after approval has been given by the Zoning Officer or Planning Board and endorsed in writing on the plat or licensed survey map, unless the plat or licensed survey map is first resubmitted to the Planning Board and the Board approves any modifications. In the event that any such subdivision plat or licensed survey map is recorded without complying with this requirement, it shall be considered null and void, and the Zoning Officer may institute proceedings to have the plat or licensed survey map stricken from the records of the County Clerk.
C. 
Types of subdivisions and procedures. These regulations recognize three types of subdivisions, which are subject to three different review and approval procedures:
(1) 
Simple subdivision: requires the review of the Zoning Officer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Minor subdivision: Review includes two required submissions by subdivider and may include a public hearing if considered desirable by the Planning Board.
(3) 
Major subdivision: Review includes three required submissions by subdivider and at least one public hearing by the Planning Board.
D. 
Coordination with County Health Department. The provisions of the Tompkins County Sanitary Code are in addition to the provisions of these land subdivision regulations.
E. 
Planning Board use of consultants and services of county and regional planning staff. The Planning Board may choose at any point in a subdivision review process to request consultants or refer to the county or regional planning staffs for review, comment, and advice on any aspect of the approval process, subdivision design, engineering specifications, or other pertinent matters. The cost shall be borne by the applicant.
F. 
Plat review of uncompleted subdivisions. The Planning Board may, on direction of the Town Board, review, for purposes of revision, any plat already on file with the County Clerk if 20% or more of the plat is uncompleted after 10 years for reasons other than terrain, drainage, soil conditions, or the like. Legislative authority for such review is found in Town Law § 276.

§ 212-141 Definitions.

A. 
Subdivision definitions. As used in this article, the following terms shall have the meanings indicated:
CLUSTER SUBDIVISION
A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the remaining land area is devoted to open space, active recreation, preservation of environmentally sensitive areas or agriculture.
DATE OF SUBMISSION
The date of submission of required materials shall be considered to be the date on which the materials for approval, complete as determined by the Planning Board Chair or the Planning Board Chair's designee, and accompanied by the required fee, are accepted by the Planning Board Chair, or the designee.
FINAL PLAT or FINAL SUBDIVISION PLAT
A licensed survey map in final form showing a proposed subdivision, containing all information and details required by state and local law, for submission to the Planning Board for purposes of review, public hearing and approval.
LOT
A continuous, unbroken area of land in single ownership of record described by the boundary lines on the Assessor's Tax Maps.
MAJOR SUBDIVISION
A subdivision of land resulting in four or more lots or the creation of a fourth lot from the same original lot.
(1) 
Any division of land defined as a realty subdivision under § 115 of New York Code, Title II, and subject to Tompkins County Department of Health review under § 116 of such code.[1]
(2) 
Any subdivision that involves a new public right-of-way, municipal utility extension or other new public facility.
(3) 
Any cluster subdivision or other subdivision which deviates from the zoning regulations, Official Map or other Town development policy will generally be considered a major subdivision.
MINOR SUBDIVISION
Subdivision of land resulting in three lots and which:
(1) 
Does not include new streets, municipal utility extensions, clustering or public open space or facilities;
(2) 
Does not conflict with the zoning regulations, Official Map or any other Town development policy; and
(3) 
Does not adversely affect use or development of adjoining land.
PRELIMINARY PLAT
A drawing, clearly marked "preliminary plat," showing the salient features of a proposed subdivision, including the information specified in this document, for purposes of consideration by the Planning Board and public hearing.
SIMPLE SUBDIVISION
Division of a lot into two lots; realignment of boundary lines between lots so as to transfer land from one lot to an adjacent lot; or separation of noncontiguous lots (e.g., lots bisected by public or quasi-public rights-of-way) into separate lots of record without new boundary alignment. No distinction is made between subdivision and resubdivision.[2]
SKETCH PLAT
A sketch of a proposed subdivision showing the form, layout, roads, public facilities and other information specified in this article.
[1]
Editor's Note: See Public Health Law §§ 115 and 116.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Access definitions. As used in this article, the following terms shall have the meanings indicated:
DEAD-END ROAD or CUL-DE-SAC
A road or a portion of a road with only one vehicular traffic outlet.
MAJOR ROAD
A road with the capacity to serve heavy flows of traffic and intended primarily as a route for traffic between areas generating heavy volumes of traffic.
MINOR ROAD
A road intended to serve primarily as an access to abutting properties.
REVERSE FRONTAGE LOT
Through lot with frontage on two parallel roads with vehicular traffic restricted to only one of the roads.
ROAD
A street, avenue, lane, highway or other public way; a public right-of-way improved or intended to be improved or intended to be improved for traffic. A private drive is not considered to be a road.
ROAD PAVEMENT
The wearing or exposed surface of a roadway used by vehicular traffic.
ROAD WIDTH
The width of a right-of-way, measured at right angles to the center line of the road.
TOWN RIGHT-OF-WAY (UNIMPROVED)
A strip of land owned or controlled by the Town government for the purpose of providing access to abutting lots or for providing a bed for a future improved roadway. All Town rights-of-way are shown on the Town of Ulysses Official Map. Unless otherwise indicated, all Town rights-of-way are 60 feet wide.
Note: The Town's Engineer is designated by the Town Board.

§ 212-142 Subdivision procedures.

A. 
Classification of subdivision.
(1) 
The first stage of subdivision is classification. Classification requires that a subdivider submit a sketch plat of the proposed subdivision to the Zoning Officer that provides sufficient detail for the Zoning Officer to classify the action as to the type of review required. The Zoning Officer shall confer with the Chair of the Planning Board for comments and general recommendations as to any adjustment needed to satisfy the objectives of these regulations.
(2) 
The sketch plat initially submitted to the Zoning Officer shall be based on Tax Map information or on some other similarly accurate base map at a scale (preferably not less than 1:2,400) that enables the entire tract to be shown on one sheet.
(3) 
A submitted sketch plat shall show the following information:
(a) 
The location of that portion which is to be subdivided in relation to the entire tract, and the distance to the nearest existing street intersection.
(b) 
All existing structures, wooded areas, streams, wetlands, flood hazard areas and other significant physical features within the portion to be subdivided and within 200 feet thereof. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet.
(c) 
The names of the owner and of all adjoining property owners as disclosed by the current tax roll.
(d) 
The Tax Map, block and lot numbers of all lots shown on the plat.
(e) 
All the utilities available and all streets as they appear on the Official Map.
(f) 
The proposed pattern of lots (with dimensions), street layout, recreation areas, systems of drainage, sewerage and water supply within the subdivided area.
(g) 
All existing restrictions on the use of land, including easements, covenants and zoning district boundary lines.
(h) 
Minor and major subdivisions may require additional information as specified in this document.
B. 
Simple subdivision review procedure. Upon determination by the Zoning Officer that a proposed subdivision is to be treated as a simple subdivision, the Zoning Officer acts to approve; conditionally approve with modifications; disapprove; or grant final approval. In any event, final approval cannot be granted until an official survey map prepared by a surveyor licensed by New York State has been presented to the Zoning Officer and such map indicates that all of the requirements of this chapter have been satisfied. Final approval of the simple subdivision by the Zoning Officer shall be indicated by this officer's signature and date on the final survey map.
C. 
Initiation of minor or major subdivision review.
(1) 
Request for Planning Board review. When the Zoning Officer determines that a subdivision requires Planning Board review, the Zoning Officer shall notify the Chair of the Planning Board of the pending action. To initiate a Planning Board review and approval process of any minor or major subdivision or resubdivision, the owner/subdivider of the land involved must submit to the Zoning Officer, at least 10 days prior to the regular meeting of the Planning Board, the following:
(a) 
A written request to approve the proposed subdivision, including any information the owner considers pertinent; and
(b) 
Nine copies as required of a sketch plat of the proposed subdivision (reference Article XXI, § 212-142A hereof), for the purpose of preliminary discussion by the Planning Board.
(2) 
Subdivider to attend Planning Board meeting on sketch plat. The owner/subdivider, or an authorized representative, shall attend the meeting of the Planning Board at which the sketch plat is presented to discuss the requirements of these regulations for road improvements, drainage, sewerage, water supply, fire protection, any applicable stormwater management and similar aspects, as well as the availability of existing services and other pertinent information.
(3) 
Determination on sketch plat. The Planning Board shall determine whether the sketch plat meets the requirements of § 212-142D(2) and may, if the sketch plat is insufficiently complete, reject the application with reasons given in writing. It may also make specific recommendations in writing to be incorporated by the applicant in any subsequent submission to the Planning Board.
D. 
Minor subdivision review procedure.
(1) 
Application and fee.
(a) 
Within six months after classification of a sketch plat as a minor subdivision by the Zoning Officer, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plat to the Zoning Officer for reclassification. The subdivision plat shall conform to the layout shown on the sketch plat as well as incorporate any recommendations made by the Planning Board. The application shall also conform to the requirements listed in § 212-142D(2).
(b) 
At least nine copies of the subdivision plat shall be presented to the Zoning Officer at the time of submission of the subdivision plat.
(c) 
All applications for plat approval for minor subdivisions shall be accompanied by a fee established by Town Board resolution.
(2) 
Requirements for minor subdivision plat review. A subdivision plat application shall include the following information:
(a) 
A copy of such covenants or deed restrictions that are intended to cover all or part of the tract.
(b) 
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corner of each tract shall also be located on the ground and marked with an approved pin, pipe, or monument and shall be referred to and shown on the plat.
(c) 
All on-site sanitation and water supply facilities (if any) shall be designed to meet the specifications of the Tompkins County Health Department; approval shall be stated on the plat and signed by an officer of the Health Department.
(d) 
The proposed subdivision name (if any), and the names of the town and county in which it is located.
(e) 
The date, a true North arrow, the map scale, and the names, addresses and phone numbers of all owners of record and the subdivider.
(f) 
The subdivision plat shall be a clear, legible reproduction that meets the standards for filing with the County Clerk as prescribed by law.
(3) 
Subdivider to attend Planning Board meeting on minor subdivision plat. The subdivider, or a duly authorized representative, shall attend the meeting of the Planning Board at which a subdivision plat is first discussed.
(4) 
Public hearing on minor subdivision plat.
(a) 
If required by the Planning Board, a public hearing shall be held within 62 days of the date of submission of required materials. The hearing shall be advertised in the official newspaper of the Town at least five days before such hearing. If no public hearing is required, the Planning Board shall have 62 days from the date of submission to make its decision.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
When an applicant is notified of the public hearing date, the applicant shall be required to obtain signage, provided by the Planning Board and obtained from the Zoning Officer. The applicant shall post this signage at the site, in such a manner as to be readily visible to the public from the nearest adjacent public road, at least 10 days prior to the public hearing.
(5) 
Action on minor subdivision plat.
(a) 
The Planning Board shall, within 62 days of the date of the public hearing, act to conditionally approve; conditionally approve with modification; disapprove; or grant final approval to and authorize the signing of the final subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time, in the absence of a mutually agreed upon extension, shall constitute approval of the plat.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Upon granting conditional approval with or without modification to the plat, the Planning Board shall empower the Planning Board Chair to sign the plat upon compliance with such conditions and requirements as may be stated in the Board's resolution of conditional approval.
(c) 
Within five days of the resolution granting conditional approval, the plat shall be certified by the Chair of the Planning Board as conditionally approved; a copy shall be filed in the Town Clerk's office; and a certified copy shall be mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements as, when completed, will authorize the signing of the conditionally approved plat.
(d) 
Upon completion of the requirements in the resolution of approval, the plat shall be signed by the Chair of the Planning Board. Conditional approval of the plat shall expire 180 days after the date of the resolution granting such approval. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances. Extensions shall be for additional periods of 90 days each.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Major subdivision preliminary plat review procedure.
(1) 
Application and fee.
(a) 
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked with the words "preliminary plat" and shall be in the form described in § 212-142E(2) hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and § 212-142E(2) of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(b) 
At least nine copies of the preliminary plat shall be presented to the Zoning Officer along with the fee established by the Town Board.
(c) 
The date of submission of the preliminary plat shall be considered to be the date on which the Planning Board accepts as complete the preliminary plat and all data required by § 212-142E(2). The Planning Board Chair shall note the date on the preliminary plat.
(2) 
Requirements for major subdivision preliminary plat review. A preliminary plat application shall include the following information:
(a) 
The proposed subdivision name, the names of the town and county in which it is located, the date, a true North arrow, the map scale, and the names, addresses and phone numbers of all owners of record, the subdivider, and the engineer or surveyor, including license number and seal.
(b) 
The names of the owners of record of all adjacent property.
(c) 
The zoning district, including exact boundary of districts, where applicable, and any proposed changes in the zoning district lines or the zoning regulations text applicable to the area to be subdivided.
(d) 
All parcels of land proposed to be dedicated to public use and the condition of such dedication.
(e) 
The locations of existing property lines, easements, buildings, watercourses, marshes, rock outcrops and wooded areas.
(f) 
The locations of existing sewers, water mains, culverts, and drains on the property, with pipe sizes, grades and direction of flow.
(g) 
Contours with intervals of 10 feet or less as required by the Planning Board, including elevations on existing roads, and an approximate grading plan if natural contours are to be changed more than two feet.
(h) 
The width and location of any streets or public ways or places shown on the Official Map of the Ulysses Comprehensive Plan within the area to be subdivided, and the width, location, grades and street profiles of all streets or public ways proposed by the developer.
(i) 
The approximate location and size of all proposed water lines, valves, hydrants, sewer lines, and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in standards published by the Tompkins County Health Department. Show profiles of all proposed water and sewer lines.
(j) 
All requirements as specified in local laws of the Town of Ulysses governing stormwater runoff; a stormwater management plan indicating the approximate location, construction and size of swales; and proposed lines and their profiles. Ramification of connections to existing or alternate means of disposal.
(k) 
Plans and cross-sections showing the proposed new location and types of sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, and the size and type thereof; the character, width and depth of pavements and subbase; the location of manholes, basins, and underground conduits. New features must comply with the Ulysses Subdivision Design Standards, Article XXI, § 212-142P.
(l) 
Preliminary designs of any bridges or culverts which may be required.
(m) 
The proposed lot lines with the approximate dimensions and area of each lot.
(n) 
Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet in width, and which shall provide satisfactory access to an existing public highway or other public open space shown on the subdivision or the Official Map.
(o) 
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked with an approved pin, pipe or monument as approved by the Town Board, and shall be referred to and shown on the plat.
(p) 
If the application covers only a part of the subdivider's holding, a map of the entire tract shall be submitted so that the part of the subdivider's holding covered in the application can be considered in the light of the entire holding. This map shall be drawn at a scale of not less than 1:4,800 and shall show an outline of the platted area with its proposed streets, and an indication of any probable future street system with its grades and drainage in the remaining portion of the tract, and any probable future drainage layout of the entire tract.
(q) 
A copy of any covenants or deed restrictions that are intended to cover all or part of the tract.
(3) 
Subdivider to attend Planning Board meeting. The subdivider, or a duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plat.
(4) 
Study of major subdivision preliminary plat. The Planning Board shall study the practicability of a preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Ulysses Comprehensive Plan, the Official Map, and zoning regulations.
(5) 
Public hearing on major subdivision preliminary plat.[4]
(a) 
Within 62 days of the date of submission of a preliminary plat by the Planning Board Chair, the Planning Board shall hold a public hearing. When an applicant is notified of the public hearing date, the applicant shall be required to obtain signage provided by the Planning Board by way of the Zoning Officer and to post it at the site, in such a manner as to be readily visible to the public from the nearest adjacent public road, at least 10 days prior to the public hearing. The public hearing shall be advertised at least once in the official newspaper of the Town at least five days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat.
(b) 
Within 62 days of the date of the public hearing, the Planning Board shall approve with or without modification or disapprove the preliminary plat, and the grounds for a modification, if any, or the grounds for disapproval, shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by written mutual consent of the subdivider and the Planning Board.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Planning Board approval of preliminary plat.
(a) 
Conditional approval of preliminary plat. When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to:
[1] 
Modifications to the preliminary plat.
[2] 
The character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety and welfare.
[3] 
The required improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the final subdivision plat.
(b) 
Effect of approval of preliminary plat. Approval of a preliminary plat shall not constitute approval of the final subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final subdivision plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. When approving a preliminary plat, the Planning Board shall state, in writing, the modifications, if any, it deems necessary for submission of the plat in final form. Within five days of the approval of such preliminary plat, it shall be certified by the Planning Board Chair as having been granted preliminary approval, and a copy shall be filed with the Town Clerk, a certified copy shall be mailed to the owner, and a copy shall be forwarded to the Town Board. Prior to approval of the final subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.
(c) 
Failure of the Planning Board to act within the sixty-two-day period shall constitute approval of the preliminary plat.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Major subdivision final plat application.
(1) 
Application.
(a) 
A subdivider shall, within six months after the approval of a preliminary plat, file with the Planning Board an application for approval of a final subdivision plat in final form, using the approved application blank available from the Zoning Officer. If the final subdivision plat is not submitted for approval within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final subdivision plat and require resubmission of the preliminary plat.
(b) 
A subdivider intending to submit a final plat for the approval of the Planning Board Chair shall provide the Zoning Officer with a copy of the application and copies as required of the plat, including one in ink on drafting film or an acceptable, equal medium that permits reproductions of the original; the original and one copy of all offers of cession, covenants and agreements; and two prints of all construction drawings.
(2) 
Major subdivision final plat and accompanying data.
(a) 
Final plat filing. Any final plat must be stamped by the Planning Board Chair, the Tompkins County Health Department, and the Tompkins County Assessment Department and then must be filed with the County Clerk within 62 days of the Planning Board approval. The County Clerk's filing standards may vary from the review standards of the Town.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
The Town's final plat shall show:
[1] 
Proposed subdivision name or identifying title and the names of the town and county in which the subdivision is located; the names and addresses of the owners of record and of the subdivider; and the name, license number and seal of the New York State licensed land surveyor.
[2] 
Road lines, pedestrianways, lots, reservations, easements and areas to be dedicated to public use.
[3] 
Data acceptable to the Zoning Officer as sufficient to determine readily the location, bearing and length of every street line, lot line and boundary line and as sufficient to reproduce such lines upon the ground. Where applicable, these should be referred to monuments included in the state plane coordinate system, and in any event should be tied to reference points previously established by a public authority.
[4] 
The length and bearing of all straight lines, radii, length of curves, central angles of curves, and tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the property, location, graphic scale and true North arrow.
[5] 
The plat shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces whose title is reserved by the developer. For any of the latter there shall be submitted with the final subdivision plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefore.
[6] 
All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Town Attorney as to their legal sufficiency.
[7] 
Lots and blocks within a subdivision shall be numbered or lettered in alphabetical order in accordance with the prevailing Town practice.
[8] 
Permanent reference monuments shall be shown and shall be constructed in accordance with specifications of a licensed engineer or surveyor. When referred to the state plane coordinate system they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Town and their location noted and referred to upon the final plat.
[9] 
All lot corner markers shall be permanently located in a way satisfactory to a licensed engineer or surveyor.
[10] 
Pins, pipes or monuments of a type approved by the Town Board shall be set at all corners and angle points of the boundaries of the original tract to be subdivided, and at all street intersections, angle points in street lines, points of curve, and such intermediate points as shall be required by a licensed engineer or surveyor.
[11] 
Construction drawings, including plans, profiles and typical cross-sections as required, showing the proposed location, size and type of streets, sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements and subbase, manholes, catch basins and other facilities.
G. 
Endorsement of state and county agencies. Water and sewer facility proposals contained in the final subdivision plat shall be properly endorsed and approved by the Tompkins County Department of Health. Applications for approval on plans for sewer or water facilities shall be filed by the subdivider with all necessary Town, county, and state agencies. Endorsement and approval by the Tompkins County Department of Health shall be secured by the subdivider prior to official submission of the final subdivision plat for approval by the Planning Board.
H. 
Public hearing and review of the final plat. Within 62 days of the date of submission of a major subdivision final plat in final form for approval, a public hearing shall be held by the Planning Board. This hearing shall be advertised. Advertising shall be at least once in the official newspaper of the Town and at least five days before the hearing. If, however, the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under Article XXI, § 212-142E(6) hereof, and modified in accordance with requirements of such approval if such preliminary plat had been approved with modification, the Planning Board may waive the requirement for such a public hearing.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
Planning Board action on proposed final subdivision plat.
(1) 
Prescribed time for action. The Planning Board action shall be by resolution to conditionally approve with or without modification; disapprove; or grant final approval to and authorize the signing of the plat by the Chair of the Planning Board. The action is to be taken within 62 days of the public hearing, if one was held, and if no public hearing was held, within 62 days of the date of submission. This time may be extended by written mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat.[8]
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Conditional approval. Upon resolution of conditional approval of a final plat, the Planning Board shall empower the Chair of the Planning Board to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Chair of the Planning Board as conditionally approved, and a copy filed in the Town Clerk's office, and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements as, when completed, will authorize the signing of the conditionally approved final plat.
(3) 
Certification by Chair of Planning Board. Upon completion of such requirements, the plat shall be signed by the Chair or designee of the Planning Board.
(4) 
Expiration of approval. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted by the circumstances; extensions shall be for additional periods of 90 days each.[9]
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
Required improvements.
(1) 
Final approval of major subdivision final plat. Before the Planning Board grants final approval of a major subdivision final plat, the subdivider shall follow the procedure set forth in either § 212-142J(2) or (3) below.
(2) 
Full-cost check or bond. In an amount set by the Planning Board, the subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements, or the subdivider shall file with the Town Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 277 of Town Law, and further shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. A period of one year, or such other period as the Planning Board may determine appropriate, not to exceed three years, shall be set forth in the bond as the time within which required improvements must be completed.
(3) 
Check or bond for completion. The subdivider shall complete all required improvements to the satisfaction of the Zoning Officer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Planning Board. For any required improvements not so completed, the subdivider shall file with the Town Clerk a bond or certified check covering the costs of such improvements. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety.
(4) 
Underground utilities map. The required improvements shall not be considered to be completed until the installation of the improvements has been approved by a licensed engineer or surveyor and a map satisfactory to the Zoning Officer has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to § 212-142J(3) hereof, then the map shall be submitted prior to endorsement of the plat by the Planning Board Chair. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in § 212-142J(2) hereof, such bond shall not be released until such a map is submitted.
K. 
Modification of design of improvements. If, at any time during the construction of required improvements, it is demonstrated to the satisfaction of the Zoning Officer that unforeseen conditions make it necessary to modify the location or design of the required improvements, the Zoning Officer may, upon approval by the Chair of the Planning Board or designee, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Zoning Officer shall issue any authorization under this subsection in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
L. 
Inspection of improvements.
(1) 
Inspection fee. At least five days prior to commencing construction of required improvements, a subdivider shall pay to the Town Clerk the inspection fee required by the Town Board and shall notify the Town Board, in writing, of the time when the subdivider proposes to commence construction of the improvements, so that the Town Board may cause inspection to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required by the Planning Board.
(2) 
Proper installation of improvements. If the Town's Engineer finds, upon inspection of the improvements performed before the expiration date of a performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, the Engineer shall so report to the Town Board, Zoning Officer and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the Town's rights under the bond. No additional subdivision plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved subdivision plat.
M. 
Final approval of subdivision plat.
(1) 
Signature of Planning Board Chair. Upon completion of the requirements in § 212-142I through L hereof and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the Chair or designee of the Planning Board and may be filed by the applicant in the office of the County Clerk.
(2) 
Prompt filing. Any subdivision plat not so filed or recorded within 62 days of the date upon which the plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.[10]
[10]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed, in writing, on the plat, unless the plat is first resubmitted to the Planning Board and the Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
N. 
Public streets and recreation areas.
(1) 
Public acceptance of roads. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any road, easement or other open space shown on the subdivision plat.
(2) 
Ownership and maintenance of recreation areas. When a park, playground, or other recreation area has been shown on a subdivision plat, approval of the plat shall not constitute an acceptance by the Town of the recreation area. The Planning Board shall require the plat or licensed survey map to be endorsed with approved and appropriate restrictions and disclaimers to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication, and provision for the cost of grading, development, equipment and maintenance of any such recreation area.
O. 
Cluster subdivisions.
(1) 
Authority. The Planning Board is empowered to modify applicable provisions of the Town Zoning Law in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities, and to preserve the natural and scenic qualities of open lands. The following shall be the procedure and standards.
(2) 
Request by subdivider. A subdivider may request the use of Town Law § 278 with respect to presentation of a sketch plat as described in Article XXI, § 212-142A hereof.
(3) 
Sketch plat. A subdivider shall present, along with a proposal in accordance with the provisions of Town Law § 278, a cluster sketch plat which is consistent with all the criteria established by these land subdivision regulations, including roads being consistent with the road specifications and lots being consistent with zoning regulations.
(4) 
Park, recreation, open space or other municipal purposes. If the application of this procedure results in a plat showing land available for park, recreation, open space or other municipal purposes directly related to the plat, then necessary conditions as to ownership, use and maintenance of such lands for their intended purposes shall be set forth by the Planning Board.
(5) 
Plat submission. Upon determination that a sketch plat is suitable for the procedures under Town Law § 278, and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all of the requirements of the resolution shall be presented to the Planning Board, and thereafter the Planning Board shall proceed with the required public hearings and other requirements of these regulations.
(6) 
Filing: notation on Zoning Map. Upon making final approval of a plat on which Town Law § 278 cluster subdivision provisions have been used, the Planning Board Chair shall notify the Town Clerk, who shall make the appropriate changes to the map under Town Law § 264.
P. 
General requirements and design standards. In considering applications for subdivision of land, the Planning Board shall be guided by the following principles and the standards set forth in § 212-142Q through V hereof. The standards shall be considered minimum requirements and shall be waived by the Planning Board only under circumstances set forth in Article XXI, § 212-142W hereof.
(1) 
Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
(2) 
Conformity to Official Map and Ulysses Comprehensive Plan. Subdivisions shall conform to the Official Map of the Town and shall be in harmony with the Ulysses Comprehensive Plan.
(3) 
Specifications for required road improvements. All required improvements shall be constructed or installed to conform to the Town specifications, which are found below. Further specifications and consultation may be obtained from the Zoning Officer.
Q. 
Road considerations.
(1) 
Statement of acceptance. All roads that are to be dedicated as public roads must comply with the standards set forth in this document. All access roads that are not to be dedicated as public roads must comply with § 280-a of Town Law. Roads will be accepted only if they are free and clear of all liens, encumbrances, easements and rights-of-way. A written statement of acceptance must be filed by the Highway Superintendent and the Town Attorney before any road shall be accepted by the Town Board.
(2) 
Width, location, and construction. Roads shall be sufficiently wide, suitably located, and adequately constructed to conform to the Ulysses Comprehensive Plan and to accommodate the prospective traffic and afford access for firefighting, snow removal and other road-maintenance equipment. The arrangement of roads shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system. Refer to Article XXI, § 212-142R hereof for roads that are to be turned over to and maintained by the Town.
(3) 
Arrangement of roads.
(a) 
The arrangement of roads in a subdivision shall provide for the continuation of principal streets of adjoining subdivisions, and for proper projection of principal streets into adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic, and the construction or extension, presently or when later required, of needed utilities and public services such as sewers, water lines and drainage facilities. Subdivisions containing 20 lots or more shall have at least two street connections with existing public streets, or streets shown on the Official Map, if such exist, or streets on an approved subdivision plat for which a bond has been filed.
(b) 
Where, in the determination of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.
(4) 
Minor roads. Minor roads shall be so laid out that their use by through traffic will be discouraged.
(5) 
Special treatment along major arterial roads. When a subdivision abuts or contains an existing or proposed major arterial road, the Planning Board may require marginal access roads, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary to afford adequate protection of residential properties and to afford separation of through and local traffic.
(6) 
Loop roads and circle drives. The creation of loop residential roads will be encouraged wherever the Planning Board finds that such roads are needed or desirable. Circle drives create problems for snow plowing and are discouraged. The Planning Board may require the reservation of a twenty-foot-wide easement to provide for continuation of pedestrian traffic and utilities to the next street.
(7) 
Dimensions of blocks. Blocks generally shall not be less than 400 feet nor more than 1,200 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet in length, the Planning Board may require the reservation of a twenty-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a four-foot-wide paved foot path be included.
(8) 
Openings for minor roads. Minor or secondary road openings into such roads shall, in general, be at least 500 feet apart.
(9) 
Road jogs. Road jogs with center-line offsets of less than 125 feet shall not normally be permitted.
(10) 
Angles of intersection. The angle of intersection for all roads shall be such that for a distance of at least 100 feet a road is within 10° of a right angle to the road it joins.
(11) 
Roads' relation to topography. The road plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of roads shall conform as closely as possible to the original topography.
(12) 
Borders with railroad or limited-access highway rights-of-way. Where a subdivision borders on or contains a railroad right-of-way or a limited-access highway right-of-way, the Planning Board may require a road approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
R. 
Road design.
(1) 
Guidelines.
(a) 
Rights-of-way:
[1] 
Major roads: sixty-six-foot right-of-way, forty-foot minimum pavement width (four travel lanes).
[2] 
Local roads: sixty-foot right-of-way, twenty-foot minimum pavement width (two travel lanes).
[3] 
Additional rights-of-way may be required where deep cuts or fills are needed.
(b) 
Width of road: twenty-foot minimum pavement width, lanes ten-foot minimum width.
(c) 
Shoulder width: six-foot minimum width.
(d) 
Sight distance: Sight distance shall be at least 300 feet for intersections, horizontal curves and vertical curves.
(e) 
In all cases where lots of less than two-hundred-foot frontage are shown on the highway, alignment shall accommodate a potential future five-foot-wide sidewalk on the side along the highway right-of-way.
(2) 
Construction specifications (Refer to Figure 2[11]).
(a) 
Before any gravel is placed, the subgrade shall be crowned to a five-percent grade and shall be well compacted.
(b) 
Adequate ditches shall be provided by the builder. The minimum ditch grade shall be 0.5%. The Town will maintain ditches after acceptance of road.
(c) 
Culverts shall be placed in natural waterways, at low spots in grade, and in other spots where required. Builder will furnish culverts and install head walls if requested by the Highway Superintendent. All culvert sizes and lengths shall be determined and culvert designs approved by the Highway Superintendent before installation.
(d) 
Under drains shall be placed in low, wet areas where side hill seepage is encountered or in other areas where required.
(e) 
Approved gravel base shall be placed six inches to 18 inches deep from ditch to ditch and well compacted. All depth measurements refer to compacted depths. The top lift shall be crushed gravel or crusher-run stone, 20 feet wide and six inches deep centered on base and compacted. The total compacted depth of gravel shall be 12 inches to 24 inches. Gravel base will be compacted at six- to eight-inch lifts, top grade compacted at the six-inch lift.
(f) 
All roads must be paved with either a liquid bituminous material or a plant-mixed bituminous concrete material. Base course three inches minimum, top course two inches minimum.
(g) 
Crown on road: two-percent grade.
(h) 
If considered necessary for road maintenance purposes, the Highway Superintendent may require greater road curve radii than the standards in the following sections.
[11]
Editor's Note: Said Figure is on file and available for inspection in the Town offices.
(3) 
Further road improvements, including fire hydrants and lighting. Roads shall be graded and improved with pavement. In addition, roads may require curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, streetlights and signs, street trees and fire hydrants, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare. Pedestrian easements shall be improved as required by the Town's Engineer. Such grading and improvements shall be approved as to design and specifications by the Town's Engineer.
(a) 
Fire hydrants shall conform to all requirements of standard thread and nut as specified by the New York Fire Insurance Rating Organization and the Division of Fire Safety of the State of New York and the Town of Ulysses specifications or laws for public water service.
(b) 
Lighting facilities shall be in conformance with the lighting system of the Town. Such lighting standards and fixtures shall be installed after approval by the appropriate power company and the authorized Town Electrical Inspector.
(4) 
Underground utilities. The Planning Board shall require that underground utilities be placed in the road right-of-way between the paved roadway and road line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the road is paved. Where topography is such as to make impractical the inclusion of utilities within the road rights-of-way, perpetual unobstructed easements at least 20 feet in width shall be otherwise provided with satisfactory access to the road. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.
(5) 
Grades. Grades of all roads shall conform in general to the terrain, and shall not be less than 0.5% nor more than 6% for major or collector roads, or 10% for minor roads in residential zones, but in no case more than 3% within 50 feet of any intersection. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Town's Engineer so that clear visibility shall be provided for a safe distance.
(6) 
Curves at intersections. All road right-of-way lines at intersections shall be rounded by curves of at least a twenty-foot radius, and curbs shall be adjusted accordingly. (Refer to Figure 3.[12])
[12]
Editor's Note: Said Figure is on file and available for inspection in the Town offices.
(7) 
Visibility. Visibility at intersections shall be maintained. A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot (whether at an intersection entirely within the subdivision or of a new road with an existing road) which is shown shaded on the figure below shall be cleared of all growth (except isolated trees) and obstructions above a level three feet higher than the center line of the road. If such is directed, ground shall be excavated to achieve visibility. (Refer to Figure 4[13].)
[13]
Editor's Note: Said Figure is on file and available for inspection in the Town offices.
(8) 
Circle drive requirements. Circle drive roads shall terminate in a circular turnaround having a minimum outside right-of-way diameter of 220 feet and a minimum right-of-way width of 60 feet. Circle drive roads are to be discouraged and a loop road used instead. At the end of a temporary dead-end road, the developer should put in a temporary hammerhead turnaround. (Refer to Figure 5.[14])
[14]
Editor's Note: Said Figure is on file and available for inspection in the Town offices.
(9) 
Loop roads. The two intersections of a loop road with the main road must be a minimum of two lot depths apart. (Refer to Figure 6.[15])
[15]
Editor's Note: Said Figure is on file and available for inspection in the Town offices.
(10) 
Watercourses. Where a watercourse separates a proposed road from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Highway Superintendent or the Town's Engineer. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Highway Superintendent or the Town's Engineer, which in no case shall be less than 20 feet in width.
(11) 
Curves at deflecting roads. In general, road lines within a block deflecting from each other at any one point by more than 10° shall be connected with a curve, the radius of which from the center line of the street shall not be less than 400 feet on major roads, 200 feet on local roads, and 100 feet on minor roads. (Refer to Figure 7.[16])
[16]
Editor's Note: Said Figure is on file and available for inspection in the Town offices.
(12) 
Service roads. Paved rear service roads of not less than 20 feet in width, or in lieu thereof, adequate off-road loading space, surfaced with a suitable, dust-free material, shall be provided in connection with lots designed for commercial use.
(13) 
Commercial zones. In front of areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial use is contemplated, the road width shall be increased by such an amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles, and to provide adequate and safe parking space for such a commercial or business district.
S. 
Road names.
(1) 
All road names shown on a preliminary plat or subdivision plat shall be approved by the Planning Board. In general, roads shall have names and not numbers or letters.
(2) 
Proposed road names shall be substantially different so as not to be confused in sound or spelling with present names in this or nearby municipalities, except that roads that join or are in alignment with roads of an abutting or neighboring property shall bear the same name. Generally, no road should change direction sharply or at a corner without a change in name.
T. 
Lots.
(1) 
Lots shall be buildable. The lot arrangement shall be such that in constructing a building in compliance with the zoning regulations, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots approved in a subdivision cannot be further divided.
(2) 
Side lines. All side lines of lots shall be at right angles to straight road lines and radial to curved road lines, unless a variance from this rule will give a better road or lot plan.
(3) 
Corner lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site, and to avoid obstruction of free visibility at the roadway intersection. See Article XXI, § 212-142R(7).
(4) 
Driveway access. Driveway access and grades shall conform to specifications of the Town Law. Driveway grades between the street and the setback line shall not exceed 10%.
(5) 
Access from private roads. Access from private roads shall be deemed acceptable only if such roads are designed and improved in accordance with these regulations.
(6) 
Monuments and lot corner markers. Monuments and lot corner markers shall be permanent monuments meeting specifications approved by the Town Board as to size, type and installation; they shall be set at such block corners, angle points, points of curves in streets and other points as the Town's Engineer may require; and their location shall be shown on the subdivision plat.
U. 
Drainage improvements.
(1) 
Stormwater runoff. All subdivisions are subject to all New York State and local laws governing stormwater runoff.
(2) 
Removal of spring and surface water. The subdivider may be required by the Planning Board to carry away by pipe or watercourse any spring or surface water that may exist either previous to, or as a result of, a subdivision. Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width.
(3) 
Drainage structure to accommodate potential development upstream. Any culvert or other drainage facility shall be large enough to accommodate potential runoff from the entire upstream drainage area, whether inside or outside the subdivision. The Town's Engineer shall approve the design and size of the facility on the basis of anticipated runoff from a ten-year storm under conditions of total potential development permitted by the zoning regulations in the watershed.
(4) 
Downstream drainage. The subdivider's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision; this study shall be reviewed by the Town's Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a five-year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of such condition.
(5) 
Land subject to flooding. Land subject to flooding shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation, or improved in a manner satisfactory to the Planning Board to remedy the hazardous conditions.
V. 
Parks, open spaces, and natural features.
(1) 
Open space to be shown on plat. Where a proposed park, playground, or open space shown on the Town Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in § 212-142V(2) hereof. Such area or areas may be dedicated to the Town by the subdivider if the Town Board approves such dedication.
(2) 
Parks and playgrounds not shown on Town Plan.
(a) 
The Planning Board shall require that a plat show sites of a character, extent and location suitable for the development of a park, playground or other recreation purpose. The Planning Board may require that the developer satisfactorily grade any such recreation areas shown on the plat.
(b) 
The Board shall require that not less than three acres of recreation space be provided for 100 dwelling units shown on the plat. However, in no case shall the Board require more than 10% of the total area to be set aside in the subdivision. Such area or areas may be dedicated to the Town by the subdivider if the Town Board approves such dedication.
(3) 
Information to be submitted. In the event that an area to be used for a park or playground is required to be so shown, the subdivider shall, prior to final approval, submit to the Board eight prints (one on Mylar) drawn in ink showing, at a scale not smaller than 1:300, such area and the following features thereof:
(a) 
The boundaries of the area, giving metes and bounds of all straight lines, radii, lengths, central angles and tangent distances of all curves.
(b) 
Existing features, such as brooks, ponds, clusters of trees, rock outcrops and structures.
(c) 
Existing, and, if applicable, proposed changes in grade and contours of the area and of areas immediately adjacent.
(4) 
Waiver of plat designation of area for parks and playgrounds. In cases where the Planning Board finds that due to the size, topography or location of the subdivision, land for a park, playground or other recreation purpose cannot be properly located therein, or, if in the opinion of the Board it is not desirable, the Board may waive the requirement that the plat show land for such purposes. The Board shall then require as a condition to approval of the plat a payment to the Town of Ulysses in an amount established by the Town Board. Payment shall be per gross acre of land which otherwise would have been acceptable as a recreation site. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in § 212-142V. Such amount shall be paid to the Town at the time of final plat approval, and no plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Town in a special Town Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that:
(a) 
Is suitable for public park, playground or other recreational purposes.
(b) 
Is so located that it will serve primarily the general neighborhood in which the land covered by the plat lies.
(c) 
Shall be used only for park, playground or other recreational land acquisition or improvements. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the plat is situated, providing the Town Board finds there is a need for such improvements.
(5) 
Reserve strips. Reserve strips of land which might be used to control access from a proposed subdivision to any neighboring property, or to any land within the subdivision itself, shall be prohibited.
(6) 
Preservation of natural features. The Planning Board shall, wherever possible, seek to preserve all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and falls, beaches, historic spots, vistas and similar irreplaceable assets. No tree with a diameter of 20 inches or more at breast height shall be removed unless the tree is within the right-of-way of a street as shown on the final subdivision plat or the tree is damaged or diseased. Removal of additional trees shall be subject to the approval of the Planning Board. In no case, however, shall a tree with a diameter of 20 inches or more as measured at breast height above the base of the trunk be indicated to be removed without prior approval by the Planning Board. All trees 20 inches in diameter or greater at breast height shall be shown on the plat or survey map.
W. 
Waivers of certain required improvements.
(1) 
Where the Planning Board finds that, due to special circumstances of a particular plat, the provision of certain required improvements is not requisite to the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, the Board may waive such requirements subject to appropriate conditions, provided that such waiver will not have the effect of nullifying the intent and purpose of the Official Map, the Ulysses Comprehensive Plan or this chapter.
(2) 
In granting waivers, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived.