Town of Fallsburg, NY Chapter 260 Subdivision of Land

[HISTORY: Adopted by the Town Board of the Town of Fallsburg as Appendix 1 of the 1971 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Building code enforcement — See Ch. 96.

Building construction — See Ch. 100.

Flood damage prevention — See Ch. 137.

Sewers — See Ch. 230.

Streets and sidewalks — See Ch. 257.

Water — See Ch. 299.

Zoning — See Ch. 310.

§ 260-1 Authority.

By authority of the resolution adopted by the Town Board on the 12th day of June 1962, pursuant to the provisions of Article 16 of the Town Law, the Planning Board of the Town of Fallsburg has the power and authority to approve plans for subdivisions of land within that part of the Town of Fallsburg outside the limits of any incorporated village. All land subdivision shall hereafter be subject to the following regulations which are adopted for the purpose of providing for the future growth and development of the Town and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population.

§ 260-2 Definitions.

For the purpose of these regulations, the following words and terms shall have the meaning indicated:

BOND

A performance bond duly issued by a bonding or surety company approved by the Town Board with security acceptable to the Town Board or a performance bond duly issued by the developer-obligor accompanied by security in the form of cash or certified check deposited with the Town Board in an amount to be approved by the Planning Board and Town Board. The cash may be withdrawn after the work has been performed as certified by the Town Engineer with a 10% holdout until acceptance by the Planning Board.[1]

BUILDING

Any structure constructed or used for residence, business, industry, or other public or private purposes, or accessory thereto; including tents, lunch wagons, dining cars, mobile homes, billboards, signs and similar structures, whether stationary or movable.

BUILDING, FRONT LINE OF

The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or not enclosed, but does not include steps, eaves, cornices, and similar fixtures.

COMPREHENSIVE PLAN

A comprehensive plan for the development of the Town as authorized in § 272-a of the Town Law.

DWELLING

A building designed or used primarily as the living quarters for one or more families.

EASEMENT

A grant by the property owner of the use of a strip of land by the public, a corporation of persons, for specified purposes.

ENGINEER

Unless otherwise hereinafter indicated, means the duly designated licensed professional engineer of the Town of Fallsburg, or if there be no such official, a licensed professional engineer employed by the Town Board.

LOT

A piece, parcel or plot of land occupied, or to be occupied, by a principal building and its accessory building or buildings and includes the yards or other open spaces required by these regulations.

OFFICIAL MAP

A map established by the Town Board under § 270 of the Town Law, showing the streets, highways, and parks theretofore laid out, adopted and established by law and all changes or additions thereto made under the provisions of the Town Law.

OWNER

The owner of the land proposed to be subdivided, or his agent.

PLAT or FINAL SUBDIVISION PLAT

The final map, drawing or chart upon which the owner's plan of subdivision is presented to the Planning Board for approval, and which, if approved, will be submitted to the County Clerk for recording.

PRELIMINARY PLAT

The preliminary drawings and supplementary material indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.[2]

STREET

A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane, cul-de-sac, place or however otherwise designated.

A. ARTERIAL STREETS AND HIGHWAYS— Those used primarily for fast or heavy traffic.

B. COLLECTOR STREETS Those which carry traffic from local streets to the major system of arterial streets and highways. Collectors may also serve as secondary arteries to carry some through traffic.

C. MINOR STREETS Those which are used primarily for access to the abutting properties.

D. MARGINAL ACCESS STREETS Minor streets which are parallel to and adjacent to arterial streets and highways which provide access to abutting properties and protection from through traffic.

E. CULS-DE-SAC Minor streets with one end open for public vehicle and pedestrian access and the other end terminating in a vehicular turnaround.

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

STREET LINE

The right-of-way line of a street as indicated by dedication or by deed of record.

SUBDIVISION

The division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land; provided that a division of land for agricultural purposes into lots or parcels of five acres or more and not involving a new street shall not be deemed a subdivision. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

YARD, FRONT

An open space extending across the entire width of the lot between the front line of building and the street line, into which space there shall be no extension of building parts other than steps, eaves, cornices and similar fixtures.

YARD, REAR

An open space extending across the entire width of the lot between the rear wall of the building and the rear line of the lot and into which space there shall be no extension of building parts other than steps, eaves, cornices and similar fixtures.

YARD, SIDE

An open unobstructed space on the same lot between the building and the side line of the lot and extending through from the front yard to the rear yard into which space there shall be no extension of building parts other than steps, eaves, cornices and similar fixtures.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: This definition was amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I) to change the term "preliminary plan" to "preliminary plat"; the same change is made for subsequent occurrences.

§ 260-3 Procedures.

When any subdivision of land is proposed to be made and before any contract for the sale of, or any offer to sell such subdivision or any part thereof, is made, and before any building permit shall be granted, the procedure outlined below will be observed:

A. Preapplication procedure.

(1) Previous to the filing of an application for approval of a preliminary plat, the subdivider shall submit to the Planning Board a sketch plan and data as specified in § 260-6. This step does not require formal application fee or filing of plan with the Planning Board.

(2) Within 30 days, the Planning Board shall inform the subdivider that the sketch plan and data as submitted, or as modified, do or do not meet the objectives of these regulations and it shall express its reasons therefor.

(3) When the subdivider has been notified that the sketch plan has met the objectives, he shall then consult the New York State Department of Health and Water Resources Commission if his proposed subdivision is five or more lots. If the subdivision is located within 500 feet of a municipal boundary at any point, it shall be referred to the County Planning Board for coordination.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]

(4) If the subdivision is to utilize a form of subsurface leaching, the subdivision engineer should prepare the preliminary plat only after an inspection and percolation tests have been made of the property in accordance with the requirements of the New York State Department of Health.

(5) If the installation of a public sewer system is involved, the subdivider shall consult with the New York State Department of Health and the Town Board and prepare the preliminary plat in accordance with their requirements.

B. Preliminary plat procedure.

(1) On reaching conclusions informally as recommended in this section above, regarding his general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in §§ 260-4 and 260-6.

(2) Two copies of the preliminary plat and supplementary material specified shall be submitted to the Planning Board with two copies of the application for conditional approval at least 14 days prior to the meeting at which it is to be considered.

(3) Following review of the preliminary plat and other material submitted for conformity thereof to these regulations, and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him, the Planning Board, shall, within 62 days, act thereon as submitted or modified, and if approved, the Planning Board shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefor in the minutes of the meeting.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]

(4) The action of the Planning Board shall be noted on the two copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the Planning Board.

(5) For any subdivision or portion of subdivision, the Planning Board will state in writing the character and extent of required public improvements for which waivers may have been requested by the subdivider and which in the opinion of the Planning Board may be waived without jeopardy to public health, safety, morals, and general welfare or which were inappropriate because of inadequacy or lack of connecting facilities adjacent to or in proximity to the proposed subdivision.

(6) Approval of a preliminary plat shall not constitute approval of the final plat. Rather it shall be deemed as expression of approval to the layout submitted on the preliminary plat, as a guide to the preparation of the final plat which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations and the conditions of the approval, if any.[1]

[1] Editor's Note: This subsection was amended 5-11-2010 by L.L. No. 7-2010 to change "final plan" to "final plat"; the same change is made for subsequent occurrences.

C. Final plat procedure.

(1) The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations.

(2) After three copies of the final plat have been approved by the New York State Department of Health, they may then be submitted, with three copies of the application for approval of the final plat, to the Planning Board at least 14 days prior to the meeting at which it is to be considered.

(3) The three copies of the final plat and other exhibits required for approval shall be prepared as specified in §§ 260-4 and 260-6 and shall be submitted to the Planning Board within six months after approval of a preliminary plat; otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the Planning Board.

[Amended 5-11-2010 by L.L. No. 7-2010]

(4) Before approval of the final plat is given, a public hearing shall be held by the Planning Board. This hearing shall be advertised at least once in the official Town newspaper or a newspaper of general circulation in the Town if there is no official paper and a notice of hearing posted in at least three prominent places at least five days before the hearing.

(5) Within 62 days following the public hearing on the final plat, the Planning Board shall:

[Amended 5-11-2010 by L.L. No. 7-2010]

(a) Review the final plat and other material submitted for conformity thereof to these regulations;

(b) Act thereon as submitted or modified; and

(c) If approved, express its approval, if disapproved, state its reasons therefor in the minutes of the meeting.

(6) If the final subdivision plan is approved by the Planning Board, an appropriate notation to that effect will be made on the face of the linen prints. One copy will be retained by the Planning Board and the other two copies will be returned to the owner.

(7) The owner shall file one of his copies of the approved final subdivision plan with the County Clerk within 62 days after the approval by the Planning Board. If the final subdivision plan is not filed within this period, the approval shall expire, as provided in § 276 of the Town Law.

(8) Notwithstanding the foregoing provisions of this section, the Planning Board may extend the time for filing and recording such plat if in its opinion such intention is warranted by the particular circumstances thereof.

D. Property violations. If a violation notice has been or is issued to the subject property, the Code Enforcement Officer, with written approval from the Planning Board Chairperson, may prohibit and/or remove the application from the Planning Board meeting agenda until such violation(s) are remedied, unless the purpose of the application is to remedy such violation(s).

[Added 11-14-2022 by L.L. No. 12-2022]

§ 260-4 Design standards.

A. Streets.

(1) The arrangement, character, extent, width, grade, and location of all streets shall conform to the Official Map and the Comprehensive Plan and shall be considered in relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets.

(2) Where such is not shown in the Official Map or Comprehensive Plan, or where an Official Map or Comprehensive Plan has not been filed, the arrangement of streets in a subdivision shall either:

(a) Provide for the continuation or projection of existing principal streets in surrounding areas; or

(b) Conform to a plan for the neighborhood approved or adopted by the Planning Board to meet a particular situation where topographic or other conditions make continuance or conformance to existing streets impracticable.

(3) Minor streets shall be so laid out that their use by through traffic will be discouraged.

(4) Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Board may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

(5) Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for 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.

(6) Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the Town under conditions approved by the Planning Board.

(7) Street jogs with center-line offsets of less than 125 feet shall not be permitted.

(8) A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

(9) When continuing street lines (projected right-of-way tangents) deflect from each other at any one point by more than 10°, they shall be connected by a curve with a radius at the inner street right-of-way of not less than 350 feet; where continuing street lines of arterial streets deflect from each other by more than 5°, they shall be connected by a curve of not less than 800 feet in radius.

(10) Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 75°. Any change in street alignment to meet this requirement shall occur at least 100 feet from the intersection.

(11) Intersections of minor streets with arterial or collector streets shall be held to a minimum to avoid hazard and delay.

(12) Property lines at street intersections shall be rounded with a radius of 10 feet, or of a greater radius, where the Planning Board may deem it necessary. The Planning Board may permit comparable cutoffs or chords in place of rounded corners.

(13) Street right-of-way widths shall be as shown on the Official Map or Comprehensive Plan and where not shown therein shall be not less than as follows:

(a) Arterials: as determined by state or county road authorities.

(b) Collectors: 60 feet.

(c) Minor: 50 feet.

(d) Marginal access: 50 feet.

(14) Half streets shall be prohibited except where it is necessary to provide the remaining half of a previously approved half street.

(15) Culs-de-sac shall not be longer than 500 feet and shall be provided at the closed end with a turnaround having an outside right-of-way diameter of 100 feet; however, they may be longer when in the judgment of the Planning Board they do not impose any problems and constitute a positive design feature.

(16) Temporary turnarounds shall have a diameter of 100 feet and shall be shown on the map with arrangements for that portion of the right-of-way of the turnaround outside the right-of-way of the street to revert to the abutting property owners upon continuation of the street.

(17) No subdivision shall have a single street or system of streets with any one street longer than 500 feet unless there exists a distinctly second means of public vehicular access into the site.

(18) No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Planning Board and should follow standard procedures of house numbering.

(19) Street grades shall conform to the following:

	Street Type	Grade
	Arterial	As determined by state or county road authorities
	Collector	5%, and in no case shall it be waived to exceed 7%
	Minor	8%, and in no case shall it be waived to exceed 10%
	Marginal access	Same as arterial

(20) Where street grades exceed 5%, gutters should be paved in accordance with the requirements of the Town Superintendent of Highways.

(21) No street grade shall be less than 0.5%.

(22) Minor streets leading from the same subdivision shall not intersect on the same side of a major thoroughfare at intervals of less than 1,000 feet.

B. Service drives.

(1) Service drives may be provided in residential, commercial, and industrial districts, as private access ways.

(2) The width of a service drive shall be not less than 20 feet.

(3) Service drive intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movements.

(4) Dead-end service drives shall be avoided when possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead-end as determined by the Planning Board.

C. Easements.

(1) Easements across lots or centered on rear or side lot lines shall be provided for utilities where they are anticipated. The Planning Board may require easements of such widths as it deems necessary.

(2) Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and of such width and construction as will be adequate for the purpose. Parallel streets or pathways may be required in connection herewith.

D. Blocks.

(1) The length, width and shape of blocks shall be determined with due regard to:

(a) Provision of adequate building sites suitable to the special needs of the type of use contemplated.

(b) Zoning requirements as to lot sizes and dimensions.

(c) Limitations and opportunities of topography.

(2) Block lengths shall not exceed 1,200 feet, or be less than 400 feet, except as limited in Subsection A(17).

(3) Pedestrian crosswalks, not less than 10 feet wide, shall be required where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation, and other community facilities.

E. Lots.

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

(2) Lot dimensions shall conform to the requirements of Chapter 310, Zoning and the requirements of these subdivision regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]

(a) Lot area and frontage.

[1] Lots in areas served by public water and public sewer systems shall contain not less than 7,500 square feet in area and shall have not less than seventy-five-foot frontage and not less than one-hundred-foot depth.

[2] Lots in areas served by public water, but no public sewerage system shall contain not less than 10,000 square feet in area and shall have not less than one-hundred-foot frontage and not less than one-hundred-foot depth.

[3] Lots in areas without public water and without public sewerage systems shall contain not less than 15,000 square feet in area; shall have not less than one-hundred-foot frontage and not less than one-hundred-foot depth.

[4] In all cases, frontage will be measured along the front line of the building or dwelling located on the lot.

(b) Minimum yard spaces for all buildings or dwellings to be constructed on the lot shall be as follows:

[1] Front yards. No building or part of the building other than steps, eaves, cornices, and similar fixtures shall extend nearer the street line than 25 feet.

[2] Side yards. There shall be two side yards into which space no building or building parts other than steps, eaves, cornices and similar fixtures shall extend. The minimum width of either of these side yards shall be 10 feet.

[3] Rear yard. There shall be a rear yard with a depth of not less than 20 feet into which space there shall be no building or building parts other than steps, eaves, cornices and similar fixtures.

(3) Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.

(4) The subdividing of the land shall be such as to provide each lot with satisfactory access to an existing public street.

(5) Double-frontage and reverse-frontage lots should be avoided. To provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation, a planting screen easement of at least 10 feet, across which there shall be no right of access, shall be provided along the line of lots abutting such traffic artery or other disadvantageous use.

(6) Side lot lines shall be substantially at right angles or radial to street lines.

(7) Lots adjacent to pedestrian crosswalks shall have additional side yard requirements as deemed necessary by the Planning Board.

F. Public sites and open spaces.

(1) Where a proposed park, playground, school or other public use shown in a Comprehensive Plan is located in whole or in part in a subdivision, the Planning Board may require the dedication or reservation of such area within the subdivision in those cases in which the Planning Board deems such requirements to be reasonable.

(2) Where deemed essential by the Planning Board, upon consideration of the particular type of development proposed in the subdivision, and especially in large-scale neighborhood unit developments not anticipated in the Comprehensive Plan, the Planning Board may require the dedication or reservation of such other areas or sites of a character, extent, and location suitable to the needs created by such development for schools, parks, and other neighborhood purposes.

(3) (Reserved)[1]

[1] Editor’s Note: Former Subsection F(3), regarding dedication procedures, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

(4) Unusable areas or areas bordering streams, lakes, or other watercourses can be given special consideration by the Planning Board in excess of the minimum. The Town may accept these areas as a gift, or purchase them, should they be desirable for public open spaces.

(5) Where such sites and open spaces are not shown on the Comprehensive Plan and where deemed essential by the Planning Board upon consideration of the particular type of development proposed in the subdivision, and especially in large-scale developments, the Planning Board may require the dedication or reservation of areas in excess of the minimum. Under such conditions, a money payment at fair market value may be made to the owner to compensate his loss in excess of the minimum dedication.

G. Street trees.

(1) No trees shall be planted within the street right-of-way.

(2) There shall be at least one tree per lot and two trees per lot on corner lots.

(3) Trees planted should be five to 10 feet from the sidewalk (or its ultimate location) in the direction of the house, the exact distance to depend on the average height of the grown tree.

(4) The types of trees to be planted shall be specified by the Planning Board in accordance with its present policy.

(5) New trees shall be no less than 2 1/2 inches in circumference as measured at a point three feet above the ground.

(6) Existing trees should be preserved to the extent practicable.

§ 260-5 Required improvements.

A. Monuments. Monuments shall be placed at all block corners, angle points, points of curvature in streets, and points of tangency on horizontal curves, and at intermediate points as shall be required by the Planning Board and by the advice of a licensed professional engineer, or licensed land surveyor; however, in no case shall there be less than four permanent monuments per block. The monuments shall be of such material, size and length as may be approved by the Planning Board by the advice of a licensed professional engineer or a licensed land surveyor.

B. Utility and street improvements. Utility and street improvements shall be provided where required in each new subdivision in accordance with the following:

(1) Public water in accordance with procedures of the New York State Department of Health and New York State Water Resources Commission.

(2) Public sewer as required by the New York State Department of Health.

(3) Arterial streets: cross-sections in accordance with the Official Map and/or Comprehensive Plan or as determined by the Town Board, Town Superintendent of Highways and Planning Board, or by state or county road authorities.

(4) Collector streets: sixty-foot right-of-way, two five-foot sidewalks, each one foot from property line.

(5) Minor streets: 50 feet right-of-way, twenty-eight-foot pavement, two five-foot sidewalks each one foot from property line.

(6) Marginal access streets: fifty-foot right-of-way, eighteen-foot pavement, remaining space to be used as part of the separation strip between marginal road and adjacent arterial or collector.

(7) Streets along development boundaries, and streets connecting development with existing improved street system: cross sections as determined by Town Superintendent of Highways, Planning Board and Town Board.

(8) Service drives: paved full width.

(9) Grading and center-line gradients: per plans and profiles approved by Town Superintendent of Highways.

(10) Storm sewer system and other drainage improvements: in accordance with procedures of the New York State Department of Health.

(11) Curb and gutter: per plans and specifications approved by Town Superintendent of Highways.

(12) Valley gutter: per plans and specifications approved by Town Superintendent of Highways.

(13) Pavement base: per plans and specifications approved by Town Superintendent of Highways.

(14) Wearing surface: per plans and specifications approved by Town Superintendent of Highways.

(15) Pavement: per plans and specifications approved by Town Superintendent of Highways.

(16) Driveways: per plans and specifications approved by Town Superintendent of Highways.

(17) Sidewalks: per plans and specifications approved by Town Superintendent of Highways.

(18) Crosswalks: per plans and specifications approved by Town Superintendent of Highways.

(19) Streetlighting: per plans and specifications approved by Planning Board, assisted by the advice of a licensed professional engineer and Town Board.

(20) Street name signs at all intersections, the design of which must be approved by the Planning Board and Town Board.

C. The developer shall furnish a performance bond or cause a deposit sufficient to cover the full costs of the construction of such utility and street improvements as may be required by the Planning Board in accordance with § 277 of the Town Law.

D. The developer may install such utility and street improvements at his own expense or, in the alternative, may secure the formation of a special district to install such utility and street improvements pursuant to laws of the state.

§ 260-6 Information to be supplied by developer.

A. Preapplication. The developer shall provide the following information at the preapplication phase of the project:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]

(1) Sufficient information to outline the existing site conditions and proposed development to supplement the drawings in Subsections B and C of this section. This information shall include data on land characteristics, covenants, available community facilities and utilities, and information describing the subdivision such as number of lots, typical lot width and depth, business areas, public areas, proposed covenants, utilities and street improvements.

(2) A location map to indicate the relationship of the proposed subdivision to significant existing community facilities which will serve or influence it. Such facilities include major traffic arteries, shopping areas, schools, parks, employment centers, railroads, churches, hospitals, etc. This map shall be drawn to a scale suitable to indicate the above features as well as North point, date and scale.

(3) A sketch plan of the proposed layout showing proposed distribution of lots, streets, and other features of the proposal accompanied by data on existing topography. The sketch plan may be a freehand pencil drawing to an approximate scale of one inch equals 80 feet showing a twenty-foot contour interval and also showing contiguous land of the developer.

B. Preliminary plat.

(1) The preliminary plat shall cover the same areas as the sketch plan and shall consist of one or more maps or drawings which may be reproduced on paper, with all dimensions shown in feet or decimals thereof, drawn to a scale of not more than 80 feet to the inch where lots have frontage of 100 feet or more, and not more than 40 feet to the inch where lots have less than 100 feet frontage, showing or accompanied by the following information:

(a) Proposed subdivision name and the name of the Town and county.

(b) Names and addresses of the record owner, subdivider and designer of preliminary plat.

(c) Number of acres within the proposed subdivision, location of property lines, existing buildings, watercourses, unusual and desirable trees, and other essential features.

(d) The names of all subdivisions immediately adjacent or the names of owners of adjacent property.

(e) The location of any existing sewage disposal system and locations and size of water mains, culverts and drains and land immediately adjacent to the property to be subdivided.

(f) Location, name and present widths of existing and proposed streets, highways, easements, building lines, alleys, parks and other proposed public, open spaces and similar facts regarding adjacent property.

(g) The provisions of Chapter 310, Zoning, applicable to the area to be subdivided, any zoning district boundaries affecting the tract, and any proposed change in such ordinance as it affects the area.

(h) The width and location of any streets or other public ways or places shown upon the Official Map and Comprehensive Plan, if any, within the area to be subdivided and the width, location, grades and street profiles of all streets or other public ways proposed by the subdivider.

(i) Contour lines at intervals of two feet, based on USGS datum of existing grades and the proposed finished grades.

(j) Typical cross-sections of the proposed grading, roadways, sidewalks and unusual topographic conditions.

(k) Date, magnetic North point and scale.

(l) Metes-and-bounds description and map of survey to tract boundary made and certified by a licensed land surveyor tied into established Town reference points and, where possible, related to the state system of plane coordinates established by Chapter 545, Laws of 1938.

(m) Connection with existing water supply or alternative means of providing water supply to the proposed subdivision and water supply available for fire protection prepared by a licensed professional engineer.

(n) Where a sanitary sewage system is unavailable, the alternative means of treatment and disposal of sewage proposed, including location and results of percolation and other tests to ascertain subsurface soil, rock and groundwater conditions, and depth to groundwater, unless pits are dry at depth of five feet, prepared by a licensed professional engineer.

(o) The boundaries of any permanent easement over or under any part of the proposed subdivision, not within the street or other proposed public ways, shall not be less than 10 feet in width and shall provide satisfactory access to an existing public highway or other proposed public open space shown upon the preliminary layout or upon the Official Map, if any.

(p) Provisions for collecting and discharging storm drainage in the form of a drainage plan prepared by a licensed professional engineer.

(q) Preliminary designs of any bridges or culverts which may be required, prepared by a licensed professional engineer.

(r) The proposed location and type of sidewalks, streetlighting standards and species of street trees, the location of curbs, gutters, water mains and typical sewage disposal systems and the sizes and types thereof, the character, width and depth of pavement and subbase or other street improvement, and the location of manholes and basins and underground conduits, prepared by a licensed professional engineer.

(s) All parcels of land proposed to be dedicated to public use and the conditions of such dedication.

(t) The location of all trees on the site over one foot in diameter four feet above ground level, except in wooded areas, the outline of said area shall be shown.

(u) The location of temporary markers adequate to enable the Board to locate readily and appraise the basic layout in the field. Unless an existing street intersection is shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown.

(2) Note: All maps, drawings and plans prepared by developer for submission to the Planning Board to be on twenty-inch-by-twenty-inch sheets or on twenty-inch-by-forty-inch sheets. In all cases, the seal and signature of the licensed land surveyor or the licensed professional engineer preparing the maps, drawings and plans shall appear on each sheet of same.

C. Final plat. The final plat shall be drawn in black waterproof ink on Mylar on sheets that are 20 inches by 20 inches or 20 inches by 40 inches and shall be at a scale of 80 feet to one inch or larger. Where necessary, the plan may be on several sheets accompanied by an index sheet showing the entire subdivision. Space shall be reserved on each sheet for endorsement by the Planning Board, the State Department of Health and Water Resources Commission, where required. The final plat shall conform in all respects to the preliminary layout as approved by the Board and shall show the following:[1]

(1) Proposed subdivision name and the name of the Town and county.

(2) Name and address of the record owner and subdivider.

(3) Certification of title showing that applicant is owner.

(4) Certification by the licensed land surveyor or licensed professional engineer who prepared the plat to the effect that the plat represents a survey made by him, that all monuments indicated thereon actually exist and that their location, size and material are accurately shown.

(5) The boundaries of the subdivision and its general location in relation to existing streets.

(6) Graphic scale, date and magnetic North point.

(7) Street names and lines, pedestrianways, lots, reservations, easements and areas to be dedicated to public use.

(8) Sufficient data acceptable to the Planning Board as advised by a licensed professional engineer or licensed land surveyor to determine readily the location, bearing and length of every street line, lot line, boundary line and to reproduce such lines upon the ground. Where practicable, these should be referenced to monuments included in the state system of plane coordinates, and in any event should be tied to reference points previously established by a public authority.

(9) The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings for each street.

(10) The proper designation on such plat, all proposed public open space for which offers of cession are made by the subdivider and those spaces title to which are reserved by him.

(11) Lots within the subdivision numbered in numerical order within blocks, and blocks lettered in alphabetical order.

(12) Minimum building setback line on all lots.

(13) Location and description of monuments.

(14) Names of record owner of adjoining unplatted land.

(15) Reference to recorded subdivision plats of adjoining platted land by record name, date and number.

(16) Cross-sections and profiles of all existing and proposed streets in the subdivision showing grades approved by the Town Superintendent of Highways, or qualified appointee of the Town Board. The profiles shall be drawn to standard scales and elevations and shall be based on a datum plane approved by the Town Superintendent of Highways.

(17) Written offers of cession to the Town of all public streets, rights-of-way, and open spaces shown on the plat and copies of agreements or other documents showing the manner in which space, title of which is reserved by the subdivider, are to be maintained.

(18) A certificate by the Town Superintendent of Highways or qualified appointee of the Town Board certifying that the subdivider has complied with one of the following alternatives:

(a) All improvements have been installed in accord with the requirements of these regulations and with the action of the Board giving conditional approval of the preliminary layout, and with the written approval of the Town Superintendent of Highways as to the street construction, and with the written approval of the Town Board as to street dedication, duly filed with the Planning Board; or

(b) A bond or certified check has been posted, which is available to the municipality, and in sufficient amount to assure completion of all required improvements.

(19) Endorsement by state; permit from highway authorities.

(a) Endorsement of approval by State Department of Health and Water Resources Commission where required.

(b) Access permits from highway authorities where required.

(20) Private restrictions, if any:

(a) Boundaries of each type of use restrictions;

(b) Other private restrictions for each definitely restricted section of the subdivision.

(21) Other data such as certificates, affidavits, endorsements or dedications as may be required by the Planning Board in the endorsement of these regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 260-7 Variances.

A. Where the Planning Board finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of the Comprehensive Plan, Chapter 310, Zoning, Official Map or these regulations.

B. On granting variances and modifications, the Planning Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.

§ 260-8 Fees.

[Amended 5-11-2010 by L.L. No. 7-2010]

Fees shall be paid to the Planning Board at the time of filing of the preliminary application, in such amounts as shall be set from time to time by resolution of the Town Board.