A.
Planning Board approval of any subdivision shall be evidenced by a plat, containing all the required signatures, filed in the Wayne County Clerk's office. This approval shall be prerequisite to the issuance of any building permit or certificate of occupancy for the construction of buildings or the use of land, unless excepted or exempted as provided under §§ 152-5 and 152-6. Such approval shall hereafter be initiated and processed in accordance with the following basic procedure. An application shall be made with the Town of Williamson. If, during the application process, it is determined that Planning Board review is necessary, plans shall be submitted to the Planning Board in final form and to the Building Department for the requested phase of approval. All plans shall be clearly marked for the requested approval, and failure to submit complete plans or requested data will be cause for rejection.
B.
The Town of Williamson has a three-step approval process, with the exception of a minor subdivision (§ 152-8). The subdivider has the option to eliminate the first step. The first step is the initial concept phase wherein a subdivider files a concept plan with the Board for discussion purposes only. This step will allow the Board and the subdivider open discussion of the proposal, concerning layout, availability of utilities, services and responsibility for required improvements and general understanding of the concept being presented to the Board. No formal action may be taken by the Board, but the approval process may be discussed. The Board will classify the subdivider's proposal as a minor or major subdivision and advise the subdivider as to the subsequent procedures before the Board in accordance with either § 152-8 or 152-15.
A.
Upon classification of the proposed subdivision by the
Board as a minor subdivision, the subdivider shall prepare and file a complete
application for the approval of the final plat at least 15 days before the
next scheduled Board meeting. For a minor subdivision, the preliminary and
final approval may be obtained at one meeting. The subdivider shall submit
six folded prints of the final drawings for distribution.
B.
The submitted final plans shall contain the following
required site plan information:
(1)
The following existing conditions shall be shown:
(a)
The location of all property lines.
(b)
The location of any easements.
(c)
The location and use of existing structures on the lot.
(d)
The location of streams, watercourses, marshes, wooded
areas, flood hazard areas and Department of Environmental Conservation (DEC)
designated wetlands.
(e)
The topography [United States Geological Survey (USGS)
data].
(f)
The location of public streets.
(g)
The location and use of land and building of adjoining
properties.
(3)
The map shall be prepared by a licensed civil engineer,
surveyor or architect, which map shall be drawn to scale and accurately dimensioned.
C.
Within 45 days of the receipt of the complete application,
the Board shall conduct an advertised public hearing. The notice of the hearing
shall be published at least once in a newspaper of general circulation in
the town at least five days prior to the hearing date. At the hearing, all
interested parties shall be given the opportunity to be heard. At this time,
the Board will make a determination under the New York State Environmental
Quality Review Act (SEQRA).[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
D.
The general appraisal standards which will be applied
by the Board in consideration of the proposed subdivision shall include, but
not by way of limitation, the desirability of the lot layout, water and sewer
availability, the compatibility of proposed subdivision with the Master Plan,
compliance with the Williamson Town codes, Wayne County requirements and New
York State statutes applicable thereto.
E.
Following the public hearing and within 45 days thereafter,
unless such time limit is extended by mutual consent of the Board and the
subdivider, the Board shall approve, approve conditionally or disapprove the
application, and the Board will transmit said decision to the subdivider in
writing.
Preliminary plan. Upon classification of the proposed subdivision by
the Board as a major subdivision, the subdivider shall make application for
preliminary review with the Secretary of the Board at least 15 days before
the next scheduled meeting for the Board to consider the application, which
shall be accompanied by six folded copies of the proposed preliminary plan,
which shall include the following information:
A.
Map identification.
B.
Property characteristics.
(1)
The location of property lines with reference to established
highway.
(2)
Adjoining property owners.
(3)
Existing easements.
(4)
Existing structures.
(5)
Existing watercourses, flood hazard area, DEC-designated
wetlands and buffer areas.
(6)
Sufficient data to show location, elevation, bearing
and length of street lines, lot lines, boundary lines, benchmarks and monuments
included in the state system of plane coordinates or reference points established
by a public authority.
(7)
Adjacent subdivisions, names and owners.
(8)
The location of existing sewer and water mains, culverts
and drains in a subdivision or in streets bordering a subdivision.
C.
Proposed subdivision plans.
(1)
Streets.
(a)
The location, name and width of existing and proposed
streets.
(b)
The length of straight lines, deflection angles, radii,
length of curves and control angles of curves, tangent distances and bearings
for each street.
(c)
Typical cross section(s) of streets and sidewalks showing
the character, width and depth of the pavement and subbase.
(d)
The location of manholes, curbs and gutters and underground
conduits.
(e)
Evidence of a permit to tie in to county or state roads.
(f)
Culs-de-sac shall be paved.
(3)
Drainage.
(a)
The provisions for collection and discharging surface
drainage.
(b)
The area of the watershed, for determining pipe, culvert
and bridge sizes for drainage area, and an outline of area.
(c)
The size and location of proposed culverts and stormwater
drainage facilities.
(d)
Directional arrows indicating the path of proposed drainage
flow.
A.
Regulations.
(1)
Subdivisions shall in all respects conform to the Master
Plan.
(2)
The arrangement of streets in the subdivision shall provide
for the continuation of the principal or secondary streets in the adjoining
subdivisions or as set forth in the Master Plan or for their proper projection,
when adjoining land is not subdivided, and shall be of a width at least as
great as that of the existing street to be connected.
(3)
A street right-of-way width shall be a minimum of 60
feet and shall be so laid out that, unless the same is an extension of an
existing or proposed street, through traffic will be discouraged.
(4)
Irregular jogs in streets with center-line offsets of
less than 125 feet shall not be permitted.
(5)
Street intersections of less than 90º shall be discouraged,
and intersections of less than 60º shall not be permitted.
(6)
Streets culminating in culs-de-sac or hammerheads shall
not exceed 1,200 feet in length and shall have a turnaround with a minimum
radius of 70 feet for the outside curve at the closed end.
(7)
Blocks shall not exceed 1,200 feet nor be less than 400
feet in length, unless topography makes it impractical.
(8)
All sanitary septic systems, waterlines, roads and ditches
shall be constructed in conformity with town specifications and shall be subject
to inspection by the town authorities having jurisdiction and the State Department
of Health. All utility lines will be within road rights-of-way outside of
paved areas.
(9)
Storm sewers shall be provided for the adequate drainage
of the subdivision as required by the Board and shall be constructed in accordance
with specifications approved by the Town of Williamson.
(10)
Corner lots shall be increased in size whenever necessary so as to provide the minimum setback requirements established by Chapter 178, Zoning, of the Code of the Town of Williamson.
(11)
The surface grade of the front yard at the front wall
of a dwelling shall be not less than one foot above the elevation of the center
line of the road measured at the midpoint between the side lines of the lot.
Where unnecessary hardship is imposed by this regulation due to topographic
conditions, the Board may vary the application of the front yard slope requirements,
provided that the surfaces of the front, rear and side yards slope away from
the foundation walls for a distance equal to 1/2 the width or depth of the
required yards. Such slope shall be not less than one foot of vertical rise
for each eight feet of horizontal distance.
(12)
Lands subject to flooding shall not be platted for residential
occupancy nor for such other use as may increase danger to life or property
or aggravate the flood hazard, but such land may be used for such purposes
as shall not be endangered by periodic or occasional inundation nor increase
the danger of flood.
(13)
Reserved strips controlling access to streets or controlling
access to land dedicated to public use shall not be permitted.
(14)
Street lines within a block deflecting from each other
at any one point more than 10º shall be connected with a curve, the radius
of which for the interstreet lines shall be a minimum of 250 feet. The outer
street line in each case shall be parallel to the interstreet line.
(15)
The Board may require recreation, park or open areas
in any subdivision plat where it deems it necessary to ensure adequate recreational
and open area within the proposed subdivision.
(16)
Street names shall not be similar to existing streets
in the Town of Williamson or the County of Wayne, and all proposed street
names shall be submitted to the Town Board for its approval.
(17)
If application for final approval of a plat is not submitted
within six months of the tentative approval of preliminary layout, reapplication
for approval of the preliminary layout shall be required.
(18)
The initial layout of the subdivider shall include all
contiguous lands owned or under option by the subdivider, or a statement,
in writing, shall be furnished to the Chairman of the Planning Board, if so
required, that any portions of the land owned or to be owned by the subdivider
not included in the proposed subdivision will not be developed unless and
until additional lands are acquired by the subdivider or title thereto is
transferred.
(19)
The subdivider shall be required to attend the regular
meeting of the Board at which the application for appraisal, preliminary review
and final approval is made and any subsequent meetings deemed necessary by
the Chairman of the Board.
(20)
Variations of the general requirements above outlined
may be permitted by the Board, in its discretion, when special factors warrant
such variation.
(21)
Existing features which would add value to residential
development, such as large trees, watercourses and falls, beaches, historic
spots and similar irreplaceable assets, should be preserved, insofar as possible,
through harmonious design of the subdivision.
B.
For the information of the subdivider, the general appraisal
standards that will be applied by the Board in considering the proposed subdivision
shall include, but not by way of limitation, the desirability of the lot layout,
the proposed traffic pattern, compatibility of the development with abutting
properties, proposed tie-ins with adjacent lands, general land characteristics,
drainage source and flow and terminus, water availability, the proposed house
elevations, zoning, sewerage, lighting, subdivision entrance, compatibility
of the proposed subdivision with the Master Plan, reservation of park or recreation
areas, existing structures, the variances required, deed restrictions and
compliance with all Williamson Town codes and Wayne County requirements and
New York statutes applicable thereto.
C.
Within 45 days of the receipt of the complete application,
the Board shall conduct an advertised public hearing. The notice of hearing
shall be published at least once in a newspaper of general circulation in
the town at least five days prior to the hearing date. At the hearing, all
interested parties shall be given the opportunity to be heard. The subdivider
should be prepared to attend this meeting to discuss the preliminary layout.
D.
The Board shall receive comments, questions and recommendations,
if any, on the proposed preliminary plan from the Town Engineer, the county
and town staff and shall discuss with the subdivider the alterations, omissions
or additions, if any, that it deems necessary to meet the requirements of
these regulations. At this time, the Board will make a determination of environmental
significance under New York State SEQRA.[1] Engineering and legal requirements and procedures for the installation,
maintenance, financing and ownership of utilities shall be determined prior
to formal filing of the final plat for approval. If the subdivision is to
be developed in sections, the Board shall consider for the entire parcel or
parcels under single contiguous ownership and approve the number and location
of lots in each sections shown on the phasing plan.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
E.
The Board will carefully study the practicability of
the preliminary layout, taking into consideration the requirements of the
community and the best use of the land being subdivided. At the completion
of the study and within 45 days thereafter, unless such time limit is extended
by mutual consent of the Board and the subdivider, the Board shall approve,
approve conditionally or disapprove the application, and the Board will transmit
said decision and conditions, if any, to the subdivider in writing.
The subdivider shall submit six folded copies of the subdivision, to
the Board for final approval. The procedure for final approval parallels the
process for preliminary approval, except that the Board may waive the public
hearing, at its discretion. The subdivision map shall contain the same information
as on preliminary plan and the following certification:
A.
It is hereby certified that all lots shown here on, fully comply with Chapter 178, Zoning, and the subdivision rules and regulations of the Town of Williamson.
B.
The subdivision is well drained and is not subject to
flooding or standing water.
C.
Leach lines do not cross water, sewer or gas lines.
D.
All sanitary sewers, where required, are in compliance
with the specifications and sewer policy of the Town of Williamson and the
State of New York.
E.
All roof leaders and footing drains shall be connected
to the storm sewer as needed.
F.
The area occupied by the right-of-way for public roads
or streets is ___________ square feet.
A.
It shall be the responsibility of the subdivider to determine
whether or not the proposed subdivision is situate within a sewer, lighting,
park, water, drainage or other special improvement district. If an improvement
or improvements shall be required for which a district has not been established,
the subdivider shall pay the cost of forming said district and shall, prior
to application for final approval, submit a legal description of the boundaries
of the subdivision or of the areas to be included within the improvement district
to the Town Attorney. Prior to submission of the plat to the Board for final
approval, the subdivider shall enter into a subdivider's agreement with the
Town of Williamson in such form as may be prescribed by the Town Board describing
the particular improvement district, the cost thereof, security requirements
for performance and quality of the improvements and such other requirements
as the Board, in its discretion, shall deem necessary for the orderly development
and construction of subdivisions in the Town of Williamson.
B.
After a determination has been made that an easement
or easements will be required, either for the purpose of ingress or egress
to the subdivision or as a concomitant of any of the improvement districts
to be formed therein, the subdivider shall submit to the Town Attorney the
proposed easement and a legal description of the property within said easement.
A.
A letter of credit or cash or bond (including performance
and maintenance bonds) shall be furnished by the subdivider for the installation
of all improvements as shown on the final plan. The security shall be in favor
of the Town of Williamson, as approved by the Town Board, from an approved
banking facility in New York State, in a form accepted by the Town Board.
B.
The subdivider's engineer shall submit an estimate of
improvement cost to the Town Board for review and recommendation, in writing,
and for the establishment of the security amount. The Town Board shall then
fix the amount, form and manner of execution of the security.
C.
The letter of credit shall be issued in favor of the
Town of Williamson and shall assure the complete installation of the required
improvements within such period, not longer than three years. The Town Board,
with the consent of all parties to the letter of credit, may extend such period
upon written application of the subdivider filed with the Town Clerk prior
to the date of expiration or upon its own motion at any time prior to a declaration
of a default in the letter of credit by the Town Board.
The Board recognizes the importance of recreational areas for the town
residents and, as authorized under Town Law § 277, has adopted a
recreational impact fee which will be determined by the Town Board. Said recreation
fee shall be paid before a building permit is issued and may be paid by the
subdivider or purchaser of the lot at the time of building permit application.
These recreation fees will be combined into a trust fund to be used by the
Town Board exclusively for the acquisition and establishment of neighborhood
parks, playgrounds or other recreational facilities.
A.
Upon completion of all requirements set forth in the
action approving the subdivision plat, it shall be deemed to have final approval
and shall be signed by the appropriate town officials and may be filed by
the subdivider in the office of the Wayne County Clerk. Any subdivision plat
not so filed and recorded within 90 days of the date upon which said plat
is approved or considered approved by reasons of the failure of the Board
to act shall become null and void, unless the particular circumstances of
said subdivider warrant the Board to grant an extension, which shall not exceed
two additional periods of 90 days.
B.
The subdivider shall provide the Town Clerk with a copy
of the plat certified by the Wayne County Clerk as to being the true and certified
copy of said plat on file in the county office.
The subdivider shall tender offers of cession, in a form certified as
satisfactory by the Town Attorney, of all land included in streets, highways
or parks not specifically reserved by him, but approval by the Board shall
not constitute acceptance by the town of the dedication of any street, highway,
utilities (water and sewer), drainage easement, park or other public open
space.
For a resubdivision, the same procedures, rules and regulations apply
as for a subdivision.
A.
Advertising signs. Permits for advertising signs pertaining
to the approved subdivision may be obtained from the Town Building Inspector.
Such signs must conform to the following regulations:
(1)
Such signs shall not be in excess of 32 square feet.
The number of signs permitted shall be at the discretion of the Board.
(2)
Such signs may be erected for a period of one year, with
the right to make application for a renewal.
(3)
A deposit of $100 will be required which will be returned
to the subdivider upon proof of removal of the subdivision sign at the expiration
of the period or the permit, and upon failure to notify the Building Inspector
of removal of the sign, said $100 will be forfeited.
(4)
A subdivision sign must be located at least 25 feet from
the edge of any street right-of-way and within subdivision boundaries.
(5)
The subdivider shall be responsible for the erection
of the sign consistent with Town Code and for the maintenance thereof.
(6)
Any subdivision permanent sign must comply with the requirements
of the Board.
B.
A subdivision plat shall not be signed by the authorized
officer of the Board until the subdivider has met all the conditions of the
action granting approval for such plat.
C.
After the final plat has been approved and stamped, the
subdivider shall deliver to the Secretary of the Board five copies of the
completed plans before any building permit is issued.
D.
Any changes, erasures, modifications or revisions shall
be granted only by the Board and endorsed, in writing, on the plat. In the
event that any subdivision plat, when recorded, contains any such changes
without approval, the plat shall be considered null and void and the Board
may institute proceeding to have said subdivision removed from the records
of the County Clerk.
E.
Legal and engineering fees for district improvements
and engineering review as may be required by the Town of Williamson shall
be paid in advance for the rendering of such services and in such amounts
as the Town Board may from time to time prescribe.
The following documents shall be submitted with the final map:
B.
A certified copy of deed or attorney's certification
of title.
C.
A tax search showing no unpaid taxes.
D.
Easement agreements, when required.
E.
A permit for connection to county or state roads.
F.
A statement of dedication of streets and utilities,
G.
Improvement districts processed.
H.
Payment of Board fees.
I.
A letter of approval from District Sanitary Engineer.
J.
Map signatures required:
(1)
A subdivision professional engineer.
(2)
The Town Zoning Officer and Building Inspector.
(3)
The Town Highway Superintendent,
(4)
The County or State Highway Superintendent, when a planned
road intersects with the county or state highway.
(5)
The Town Chief of Water Utilities.
(6)
The Town Supervisor.
