[HISTORY: Adopted by the Town Board of the Town of Webb 9-11-1990. Amendments
noted where applicable.]
A.
In accordance with Article 16 of the Town Law of New York State and
for the purposes of providing for the orderly, efficient and economical
future growth and development of the Town of Webb and affording adequate
facilities for the housing, transportation, distribution, comfort,
convenience, safety, health and welfare of its population, it is hereby
declared to be the policy of the Town to guide, control and regulate
the subdivision of land.
B.
This means, among other things, that the location, character, and
proposed development of land to be subdivided shall be such that it
can be used safely for building purposes without danger to health
or peril from fire, flood, erosion, subsidence, excessive noise or
air or water pollution, or other menace; that proper provision shall
be made for water supply, sewage disposal, drainage and other necessary
services and improvements; that the size, pattern and relationship
of proposed lots shall afford adequate light, view, and air and be
in harmony with the character and development of neighboring lots
and the neighborhood of section of the Town in which the subdivision
is located; that proposed streets and other rights-of-way shall compose
a safe, reliable and convenient system to accommodate prospective
traffic as determined by existing and probable future levels of land
use and development and to facilitate fire protection and insure access
of firefighting and other emergency equipment to buildings; that it
can be subdivided and developed with reasonable regard for topography
and protection and preservation of natural features and resources
of the Town and the Adirondack Park; and that proper provision can
be made for parks and related recreation or open space areas and other
supporting facilities and services made necessary by the subdivision,
also considering the ability of the Town and other governments to
provide such facilities and services.
C.
In order that land subdivision may be made in accordance with these
purposes and policy, the Town Board has authorized and empowered the
Planning Board to approve plats, including preliminary plats, for
subdivision of land for any land use or purpose, with or without streets
or highways, within the Town of Webb; and the Planning Board has adopted
and the Town Board has approved this chapter which shall be known
as, and which may be cited as, the "Town of Webb Land Subdivision
Regulations."
D.
All subdivision of land within the Town of Webb shall comply with
the procedures, requirements and standards contained in this chapter.
No person shall subdivide land or create a subdivision of land within
the meaning of this chapter, or proceed with the clearing of land,
construction of streets or utilities, improvement or sale or other
transfer of lots, or other actions creating a subdivision of land,
unless and until a final subdivision plat has been approved by the
Planning Board in accordance with this chapter. In the case of certain
subdivisions, approvals of the Town Board or other agencies having
jurisdiction may also be required. Building permits for development
of lots within a subdivision shall not be issued until a final plat
of the subdivision has been filed with the Herkimer County Clerk,
and a copy of the plat bearing evidence of such filing with the County
Clerk has been filed with the Town Clerk. Section 278 of the Town
Law prevents the filing of a final subdivision plat with the County
Clerk until it has been approved by the Planning Board, with such
approval evidence in writing on the plat.
A.
BLOCK
CESSION
DEVELOPER
DOUBLE FRONTAGE LOT
ENFORCEMENT OFFICER
ENGINEER
FINAL PLAT
LOT
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
OFFICIAL MAP
PLANNING BOARD
PRELIMINARY PLAT
REGIONAL PROJECT SUBDIVISION
SEQR
SKETCH PLAN
STREET
(1)
(2)
(3)
(4)
(5)
(6)
STREET PAVEMENT
STREET WIDTH
SUBDIVISION
SUPERINTENDENT OF HIGHWAYS
SURVEYOR
TOWN
TOWN BOARD
TOWN ENGINEER
ZONING ORDINANCE
For the purpose of this chapter, certain words and terms used herein
are defined as follows:
A land area completely bordered by streets.
The procedure by which a developer agrees to reserve and
to relinquish, grant, convey and otherwise cede land for streets,
utility, drainage, parks, and other proposed facilities and the street,
utility, drainage, park and other improvements on or in such land
within a subdivision for Town or other public use, subject to acceptance
of such actions and dedication of such facilities by the Town Board
or other governmental agencies.
The person(s), partnership, corporation, association, foundation
or other entity formally applying for approval of a subdivision and
named in the application, whether or not represented by an agent.
At the time of an application, the applicant must own the land proposed
to be subdivided or hold executed contract, option or other rights
to purchase or otherwise secure ownership and control of the land
prior to filing of a final plat.
A lot having frontage on two streets which do not intersect
at the lot.
The Code Enforcement Officer of the Town of Webb or other
person responsible for accepting subdivision applications on behalf
of the Planning Board and performing other duties dealing with subdivision
review procedures prescribed by the Town Board.
A person licensed as a professional engineer by New York
State.
One or more subdivision plat and other drawings of a proposed
subdivision and related information prepared in a form specified in
this chapter and submitted to the Planning Board for review and approval
and which, if approved in final form by resolution and also evidenced
by signature on the final plat, may be filed with the Herkimer County
Clerk.
An existing lot as defined by Chapter 480, Zoning, of the Code of the Town of Webb or a land area resulting from subdivision of a larger land area and able to be considered as a unit and occupied or capable of being occupied by a principle building or use and accessory buildings or uses or by a group of buildings united by a common use or interest, including yards and other open space, in accordance with requirements of Chapter 480, Zoning.
A subdivision containing more than four lots, a subdivision
involving any new street or extension of Town sewer lines or waterlines
or other facilities, a subdivision located within an Open Space (OS)
Zoning District, a subdivision classified as a Class A or Class B
regional project or a planned district or § 278 clustered
subdivision. A subdivision which creates four lots within a larger
land area owned or controlled by the developer shall be classified
as a five-lot subdivision.[1]
Any Comprehensive Plan for development of the Town or for
any portions of the Town prepared by the Planning Board and adopted
by the Town Board pursuant to the Town Law and which identifies recommended
general locations and growth patterns for various functional land
use or zoning classifications, streets, parks, and sites for public
buildings and other facilities.
A subdivision not classified as a major subdivision.
Any map established by the Town Board pursuant to the Town
Law showing the locations of existing or both existing and proposed
street, highway, park and drainage facilities and systems.
The Planning Board of the Town of Webb. The signature of
the person chairing the Board shall be required on a final plat prior
to filing of said plat with the Herkimer County Clerk.
One or more subdivision plat and other drawings of a proposed
subdivision and related information prepared in a form specified in
this chapter and submitted to the Planning Board for review and approval
prior to submission of a final plat.
A subdivision classified as a Class A or Class B regional
project in accordance with the Adirondack Park Agency Act.
The State Environmental Quality Review Act and regulations
promulgated under said Act.[2]
A sketch drawing of a proposed subdivision and related information
prepared in a form specified in this chapter and submitted to the
Planning Board to enable a developer to save time and expense in reviewing
and classifying the subdivision as a minor or major subdivision and
seeking to reach agreement with the Planning Board regarding the general
layout of a subdivision and identifying any special Board concerns
or requirements prior to more detailed preparation of a preliminary
plat or final plat.
A term generally meaning a Town or other publicly owned right-of-way
intended for public vehicular and other traffic, but also including
a private street right-of-way intended for limited vehicular and other
traffic and other traffic and access to adjoining lots or land. Streets
are classified by function as follows:
MAJOR STREETA public street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for through traffic and traffic between population concentrations and other major traffic-generating activity areas.
COLLECTOR STREETA public street which serves or is designed to serve as a primary access route to and from one or more neighborhoods or subareas of the Town, collecting traffic from minor streets and connecting to another collector street or a major street.
MINOR STREETA public street which serves or is designed to serve primarily as an access route to adjoining lots and which does not afford access to large undeveloped land areas which could be subdivided to generate significant additional traffic.
MARGINAL ACCESS STREETA public street generally paralleling a major street intended to provide access to adjoining lots and minor streets in lieu of direct access from each lot or street to the major street.
CUL-DE-SAC STREETA minor public street with only one end providing access and the other end terminating in a vehicular turnaround.
PRIVATE STREETAny of the above streets not owned by, and not intended to be ceded to, the Town or other public body, usually intended to function as a minor street and providing a right-of-way or other rights and means of access to adjoining lots granted through deed, contract, covenant, membership or other means, including contractual access as defined in Chapter 480, Zoning, and including arrangements for permanent maintenance of the street for such access.
The exposed wearing surface of a street intended for vehicular
traffic.
The width of a street right-of-way, measured at right angles
or radially to the center line of the street.
A division of any existing parcel or area of land into two
or more lots, with or without creation of new streets. "Subdivision"
includes resubdivision.
The Superintendent of Highways of the Town of Webb.
A person licensed as a land surveyor by New York State.
The Town of Webb, New York.
The Town Board of the Town of Webb.
A person or firm, if any, designated by the Town Board as
the Town Engineer.
Chapter 480, Zoning, of the Code of the Town of Webb.
Whenever any subdivision of land is proposed within the Town,
the developer shall apply in writing to the Planning Board for approval
of such proposed subdivision in accordance with the following procedures:
A.
Summary of procedures. For convenience only, and without any force or effect in this chapter, a summary of required procedures follows. Procedures shall comply with more detailed provisions in this section starting at Subsection B.
(1)
The developer submits a sketch plan for informal review and discussion
with the Planning Board at the earliest convenient Board meeting.
(2)
If the proposed subdivision is classified as a minor subdivision,
and the sketch plan is approved with or without conditions, the developer
submits a formal application for final plat approval. The Planning
Board schedules a public hearing, subject to compliance of the plat
with any conditions imposed by the Planning Board in its approval
of the sketch plan. The Planning Board may conditionally approve,
disapprove, or approve a final plat. A developer may elect to submit
a preliminary plat prior to submission of a final plat.
(3)
If the proposed subdivision is classified as a major subdivision,
the developer submits a formal application for preliminary plat approval.
Following a public hearing, the Planning Board may conditionally approve
or disapprove the preliminary plat, subject to any prior reviews and
approvals required by other agencies. If conditionally approved, the
developer submits a final plat complying with any conditions imposed
by the Planning Board or other agencies in the preliminary plat approval.
The Planning Board may schedule a second public hearing, but this
is usually not necessary. Following further Planning Board review,
a final plat may be conditionally approved, disapproved, or approved.
(4)
Upon compliance with any conditions imposed by the Planning Board
in its approval of a final plat, and any further findings and actions
required by the Planning Board, Town Board, or other agencies, the
developer may either provide construction security insuring acceptable
installation and completion of required street, utility and other
improvements as a condition to obtaining prior Planning Board signature
on the final plat or install such improvements for Town inspection
and approval prior to Planning Board signature on the final plat.
B.
Application requirements. A formal application to the Planning Board for subdivision approval shall be submitted in writing to the enforcement officer using application forms provided by the Town and shall be accompanied by applicable plan, plat and other drawings and related information required by § 410-6 of this chapter. After a final plat is approved by the Planning Board, certain additional submissions are required in accordance with this section. An application shall also be accompanied by a subdivision application fee in accordance with § 410-7 of this chapter.
C.
Developer to attend Planning Board meetings and public hearings.
The developer or an authorized representative of the developer shall
attend all Planning Board meetings, public hearings, or other scheduled
events dealing with the proposed subdivision. If the developer is
not represented, the Planning Board may elect to defer and reschedule
discussion or action. The Planning Board may elect to proceed to conduct
an advertised public hearing in the developer's absence, unless the
developer has withdrawn his application or has requested that the
public hearing be canceled prior to the scheduled date of the public
hearing. If the Planning Board elects to conduct a hearing in the
developer's absence, it may also elect to adjourn, readvertise and
reopen the hearing at a later date.
D.
When officially submitted, time periods for required Town actions.
(1)
The date of submission of a preliminary plat or final plat shall be considered to be the date on which a formal application for plat approval, complete and accompanied by all drawings and information required by § 410-6 of this chapter and the required fee, has been filed with the enforcement officer.
(2)
This chapter specifies various time periods following the date of
submission of a completed preliminary plat or final plat within which
the Planning Board is expected to take certain actions on such plat.
The time periods may be extended by mutual consent of the Planning
Board and developer. However, the time periods are also subject to
both the completion of SEQR procedures and the receipt by the Planning
Board of all comments, endorsements, approvals, permits and other
responses required from other agencies having jurisdiction over any
subdivision actions. The Planning Board shall not be required to act
until SEQR procedures and receipt of responses from other agencies
are completed. Where a time period is specified, Board action shall
occur by the date after ending the specified time period or by a date
21 days after completion of SEQR procedures and receipt of all responses
from other agencies, whichever is later. Failure of the Board to act
within the specified time period shall not be deemed approval of a
plat where such procedures and responses have not been completed during
the time period. In general, SEQR procedures and responses from other
agencies should be, but are not required to be, substantially completed
prior to a public hearing.
E.
Applicability of Chapter 480, Zoning.
(1)
The proposed subdivision of land and development of lots and construction on lots within a subdivision shall comply with all requirements of Chapter 480, Zoning, as such requirements affect permitted uses, lot areas and widths, building coverage of lots, yard dimensions, and all other density and building and development standards for the zoning district(s) in which the subdivision is located, except where Chapter 480, Zoning, and this chapter may permit any waiver of such requirements and standards and the Planning Board, or the Town Board if required, has granted such waivers.
(2)
Planning Board review regarding compliance of a subdivision with this chapter shall parallel and incorporate review for compliance with Chapter 480, Zoning, including any amendment of zoning district boundaries or waiver or modification of zoning regulations which are part of the developer's application.
F.
Recordkeeping, notification, and public hearing.
(1)
The Planning Board shall maintain records of its deliberations and
actions on a subdivision plat. A Planning Board resolution shall be
required for formal action on a plat. Resolutions shall state the
grounds for any conditional approval of a plat with or without modifications
or for any disapproval of a plat. The developer shall be notified
of Board actions on a plat, including such grounds for conditional
approval or disapproval.
(2)
All required public hearings shall be advertised at least once in
a newspaper of general circulation in the Town at least five days
before the hearing. Depending on the size, scope, location or anticipated
impact of the subdivision, the Planning Board may provide that the
hearing be further advertised as it deems appropriate for full public
consideration of a proposed subdivision.
G.
SEQR compliance. Where a submission is subject to SEQR, and an environmental
assessment, environmental impact statement, and related documentation
and findings are required to comply with SEQR, the developer shall
prepare and submit such documentation in a form and containing sufficient
information on the scope of environmental impacts acceptable to the
Planning Board or other agencies having jurisdiction. The Planning
Board shall determine and advise the developer of the form and scope
of documentation required. Alternatively, at the developer's request
and expense, the Planning Board may secure such documentation from
other qualified sources. Arrangements for securing SEQR documentation
by or through the Planning Board shall be acceptable to the Board,
and the developer shall advance or deposit any funds required as the
Board may direct. Nothing herein shall obligate the Board to accept
responsibility for SEQR documentation. Compliance with SEQR is an
integral part of these subdivision procedures, and approval of a final
plat shall not be considered until all SEQR requirements have been
completed.
H.
Sketch plan.
(1)
Submission. A developer shall submit a sketch plan prepared in accordance with § 410-6 to the Planning Board for purposes of general discussion and classification of the subdivision. Prior to preparing a sketch plan, it is recommended that the developer become familiar with Chapter 480, Zoning, this chapter and the requirements of other agencies which may have approval, permit or other jurisdiction over the subdivision or specific actions within the subdivision.
(2)
Discussion of requirements and classification.
(a)
The Planning Board shall schedule a discussion of the sketch plan at its next regular meeting or as soon as possible thereafter. The Planning Board shall review and discuss the subdivision for compliance with the purposes and requirements of this chapter and Chapter 480, Zoning, and classify the proposed subdivision as a minor or major subdivision as defined in this chapter. The Planning Board shall advise the developer of any special problems or concerns identified by the Board and may require additional information or submission of a revised sketch plan or, when deemed necessary for protection of the public health, safety and welfare, may require that a minor subdivision comply with all or some of the submission and procedural requirements specified for a major subdivision.
(b)
The developer shall comply with all Planning Board requirements
and applicable procedures for subsequent submissions. Approval of
a sketch plan shall always be a conditional approval.
(3)
Period for submission of a preliminary or final plat. Within six
months after classification and approval of a sketch plan by the Planning
Board, the developer shall submit a formal application for approval
of either a preliminary plat or final plat in accordance with subsequent
requirements. Failure to submit either plat within this time period
may require resubmission of the sketch plan to the Planning Board
for review and reclassification.
I.
Preliminary or final plat for minor subdivision.
(1)
Preliminary plat optional. A preliminary plat is not mandatory for
a minor subdivision. The developer may prepare a final plat. If the
developer elects to submit a preliminary plat rather than a final
plat for a minor subdivision, the Planning Board shall continue its
study and review of the plat for compliance with the sketch plan and
this chapter. The Planning Board shall schedule a public hearing on
the preliminary plat, or on a final plat if the developer elects to
modify the preliminary plat as may be required, and to prepare a final
plat prior to the public hearing.
(2)
Public hearing. A public hearing shall be conducted by the Planning
Board within 45 days after the date of submission of the preliminary
plat or the final plat.
(3)
Action on preliminary or final plat.
(a)
The Planning Board shall, within 45 days from the date of the
public hearing, act to conditionally approve, with or without modification,
or disapprove the preliminary plat or final plat which was the subject
of the public hearing or, in the case of a final plat, may grant final
approval and authorize the signing of the final plat. This time may
be extended by mutual consent of the developer and the Planning Board.
Failure of the Planning Board to act within such time shall constitute
approval of the plat. In the case of conditional approval, with or
without modification, of a preliminary plat, the developer shall proceed
to prepare and submit a final plat, reflecting modifications required
by the Planning Board, if any.
(b)
Upon granting conditional approval, with or without modification,
of a final plat, the Planning Board may authorize signing of the plat
upon compliance with such conditions and modifications as may be stated
in its resolution of conditional approval. The developer shall be
notified of any conditions or modifications to be reflected in the
final plat and any other requirements which, when completed, will
authorize the signing of the plat. Such signature shall qualify the
plat for filing with the Herkimer County Clerk, subject to satisfaction
of other requirements in this section.
(c)
Conditional approval of a final plat shall expire 180 days after
the date of the resolution granting such approval, unless any modifications
and other requirements have been completed within that time and the
plat submitted for signature. The Planning Board may, however, extend
the time within which any conditions or modifications may be completed
and the plat submitted for signature, if, in the Board's opinion,
such extension is warranted, for not to exceed two additional periods
of 90 days each.
J.
Preliminary plat for major subdivision.
(1)
Form of preliminary plat. The developer shall submit an application for approval of a preliminary plat in the form specified in § 410-6 of this chapter, except where any submission requirements may have been waived or modified by the Planning Board during sketch plan review. Upon this submission to the Planning Board, the developer shall also be expected to have submitted or to be submitting required applications to other agencies having jurisdiction as indicated in Subsection J(3) below.
(2)
Review of preliminary plat. The Planning Board shall review and study the preliminary plat, taking into consideration modifications made by the developer following the Board's review of the sketch plan; all purposes, requirements and standards of this chapter; comments by any other agencies having jurisdiction; the requirements of Chapter 480, Zoning; and the requirements of the Master Plan and Official Map, if such exist.
(3)
Referral to other agencies by Town and developer.
(a)
In addition to its own review and study of the preliminary plat,
the Planning Board shall refer the application or require the developer
to refer the application as soon as possible to the following agencies
for review and comment as required by other law and regulation and
as otherwise appropriate in the opinion of the Board:
[1]
Superintendent of Highways.
[2]
Town of Webb Fire Department(s).
[3]
Town Engineer, if retained by the Town.
[4]
New York State Department of Health, as required for approval
of proposed water supply and sewage disposal facilities.
[5]
Herkimer County Highway Department, as required if a county
highway is involved.
[6]
New York State Department of Transportation, as required if
a state highway is involved.
[7]
Herkimer County Planning Board, as required if the subdivision is a project which must be referred to said Board in accordance with § 410-4.
[8]
Adirondack Park Agency, as required if the subdivision is a Class A or Class B regional project which must be referred to said Agency in accordance with § 410-4 or where referral to the Agency may otherwise be required by other applicable law or regulation. In addition, in accordance with Chapter 480, Zoning, and where suggested by the location, land uses, proposed actions and potential impacts of the subdivision, the Planning Board may elect to submit or require the developer to submit the application to the New York State Department of Environmental Conservation and other state or federal agencies appearing to have jurisdiction or able to offer comments relevant to the Board's review of the subdivision and its impacts.
(b)
The Planning Board shall request the earliest possible response
from such Town and other officials and agencies within 30 days of
any referral by the Planning Board, subject, however, to the rights
of other agencies.
(c)
Early in this procedure, the developer shall submit a list identifying
all above and any other agencies appearing to have jurisdiction or
other involvement in any proposed subdivision actions and describing
the status of submissions and referrals to such agencies.
(d)
This review procedure also relates to SEQR procedures, and the
developer is advised to coordinate such submissions and referrals
with data gathering and documentation which may be required for SEQR
compliance.
(4)
Comments or required endorsement, approval, or permits of county,
state and federal agencies. In its review and study of the preliminary
plat, the Planning Board shall consider all comments received from
all above Town officials and all other agencies.
(a)
Water supply and sewage disposal facility proposals contained
in the application shall be approved by the New York State Department
of Health as part of the subdivision review procedure. Permits required
from other agencies for any aspects of the proposed subdivision shall
be secured by the developer as part of the subdivision review procedure.
(b)
While the subdivision review procedure may continue without
such approvals or permits, a final plat shall not be approved by the
Planning Board until evidence of all required approvals or permits
has been submitted to the Board.
(c)
Nothing herein shall serve to waive or modify any requirements
of the New York State Department of Environmental Conservation under
the Environmental Conservation Law; any Class A or Class B regional
project, shoreline restrictions or other provisions of the Adirondack
Park Agency Act; any requirements of the New York State Department
of Transportation regarding permits for access onto state highways;
nor any other provisions of county, state or federal law or regulation
controlling or affecting any land or waters within the Town.
(5)
Public hearing. A public hearing shall be conducted by the Planning
Board within 45 days after the date of submission of the application.
(6)
Action on preliminary plat.
(a)
Within 45 days after the date of the hearing, the Planning Board
shall conditionally approve, with or without modification, or disapprove
the preliminary plat. The time in which the Planning Board must act
on such plat may be extended by mutual consent of the developer and
the Planning Board. Approval with modification shall mean that modifications
prescribed by the Board shall be incorporated in and necessary for
the submission of a final plat. Failure of the Planning Board to act
within the above forty-five-day period shall constitute approval of
the preliminary plat.
(b)
Conditional approval of a preliminary plat shall not constitute
approval of the final plat. Such approval, with or without modification,
shall be deemed an expression of approval of the land use, development
and subdivision proposals shown on the preliminary plat as a guide
to preparation of the final plat. Prior to any approval of the final
plat, the Planning Board may require additional modifications as a
result of further study of the subdivision in final form or as a result
of new information obtained from other agencies having jurisdiction.
(c)
A preliminary plat may be divided into two or more sections
by the developer, and the scope, relationships and sequence of proposed
development of such sections shall be considered by the Planning Board
in its review of the plat. If such preliminary plat sections are approved
by the Board in terms of orderly subdivision and development of the
larger land area encompassed by the plat, the developer may prepare
a final plat for only the initial section of the subdivision, subject
to any conditions imposed by the Board.
K.
Final plat for major subdivision.
(1)
Timing of submission. If a final plat for any section of the land
encompassed by the preliminary plat is not submitted within six months
after the approval of the preliminary plat, the Planning Board may
revoke its approval of the preliminary plat.
(2)
Form of final plat. The final plat shall be submitted in the form specified in § 410-6 and substantially agree with the preliminary plat approved by the Planning Board, including any modifications of the preliminary plat required by the Planning Board.
(3)
Public hearing. A second public hearing may be held by the Planning
Board within 45 days after the submission of a final plat. However,
when the Planning Board deems the final plat to be in substantial
agreement with the preliminary plat approved by the Board, including
any modifications required by the Board, a second hearing may be waived.
(4)
Action on final plat.
(a)
Following any additional review of the final plat, the Planning
Board shall, by resolution, conditionally approve, conditionally approve
with or without modification, disapprove, or grant final approval
of the final plat. Such action shall be taken within 45 days of receipt
of the final plat by the Board if no second hearing is held or, in
the event a second hearing is held, within 45 days after the date
of such hearing; but in either case, such time periods shall be extended
until after receipt by the Board of evidence that water supply and
sewage disposal facilities proposed in the subdivision have been approved
or disapproved by the New York State Department of Health and that
any approvals or permits required for the subdivision or any construction
and development actions within the subdivision from the Adirondack
Park Agency, New York State Department of Environmental Conservation,
New York State Department of Transportation, and other agencies having
jurisdiction have been secured by the developer. This time may be
extended by mutual consent of the developer and the Planning Board.
Failure to take action on a final plat within the time prescribed
shall be deemed approval of the final plat.
(b)
Final approval of the final plat shall authorize the signing of the final plat at such time as other requirements of Subsection L have been satisfied.
(c)
Conditional approval of a final plat shall authorize the signing of the final plat upon completion of such modifications stipulated by the Board and when otherwise permitted by Subsection L. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval, unless any modifications and other requirements have been completed within that time and the plat submitted for signature. The Planning Board may, however, extend the time within which any conditions or modifications may be completed and the plat submitted for signature, if, in the Board's opinion such extension is warranted, for not to exceed two additional periods of 90 days each.
L.
Signing and filing of plat subject to additional requirements.
(1)
Proposed park, recreation, and other Town facilities in subdivisions.
If a final plat shows land proposed to be reserved and ceded to the
Town, with or without improvements, for public park, recreation, or
other facilities, and such reservations and cessions of land and improvements
have been approved by the Planning Board and Town Board, the Planning
Board shall establish terms and conditions as to proposed ownership,
use and maintenance of such lands as are necessary to assure the preservation
of such lands for their intended purposes until accepted by the Town
Board. A final plat shall not be signed until such terms and conditions
have been evidenced to the satisfaction of the Planning Board and
Town Board.
(2)
Construction procedures and security.
(a)
Final approval of the final plat by the Planning Board shall
not constitute authorization for the developer to commence any construction
or development within the subdivision until other procedures have
been satisfied as indicated below and the final plat has been signed.
(b)
In the case of a subdivision where all lots have frontage on
existing improved public streets and do not involve any extension
or modification of public water, sewer, drainage or other systems
and facilities, the developer shall secure all other Town, county,
state or other approvals and permits required prior to signing of
the final plat and construction on such lots.
(c)
In the case of a subdivision involving construction of new public
streets, utilities or other facilities serving lots within the subdivision,
the developer shall not perform any subdivision construction, including
but not limited to clearing, grading, drainage, street and utility
installations or other construction, until the developer executes
and files with the Town Board, in a form and amount acceptable to
said Board, the construction security identified below. This provision
shall not be construed to prohibit surveying, staking and other layout,
soil testing or other preparatory work which does not materially change
site contours or remove or destroy existing tree or other plant growth.
[1]
The developer may execute and file such construction security
after final plat approval but must do so prior to signing of the final
plat and commencement of construction.
[2]
In order to guarantee the developer's performance when public
streets and other facilities are proposed, the developer shall deposit
with the Town Board security in the form of cash or its equivalent
or a performance bond issued by a surety company acceptable to the
Town Board in the amount of 100% of the total construction cost, as
estimated by the Superintendent of Highways or Town Engineer, of all
streets, water and sewer systems, drainage, parks and other public
or private facilities and improvements proposed within the subdivision.
The security shall be pledged to correction and completion of construction
of any and all subdivision facilities or improvements not satisfactorily
constructed or completed by the developer. The developer shall also
be required to retain an engineer to inspect the construction and
to certify to the Town that all construction has been completed in
accordance with the approved final plat.
[3]
When requested by the developer following completion of all
such facilities and improvements and certification of satisfactory
completion by said engineer, subject to concurrence of the Superintendent
of Highways or Town Engineer, the security shall be reduced to 10%
of the estimated construction cost. This reduced security shall be
retained by the Town Board for a period of two years in order to secure
the Town and prospective purchasers of lots within the subdivision
against any defects encountered in such facilities and improvements.
Upon notification by the Town during this period, the developer shall
promptly correct and repair any such defects to the satisfaction of
the Superintendent of Highways or Town Engineer. If the developer
does not proceed with such actions with reasonable promptness, the
Town may elect to secure such corrections and repairs through the
construction security. The developer shall be required to inform the
Town of the proposed construction schedule to enable monitoring and
observation of construction.
[4]
In the event that the Town retains and appoints a Town Engineer
to assist the Town in inspecting subdivision construction for compliance
with approved final plat requirements, the developer shall also be
required to place on deposit with the Town Board a cash amount equivalent
to 3% of the previously estimated construction cost of the project.
The Town Engineer will invoice the Town for services rendered in connection
with said inspection, based on the then-current hourly or per diem
rate schedule for such services approved by the Town Board. The invoiced
amounts will be deducted from the developer's funds on deposit with
the Town. Following completion of such inspection services, all remaining
funds will be released to the developer.
(d)
In the case of a subdivision involving construction of new private
streets and other private facilities serving lots within the subdivision,
the final plat shall not be signed until such construction has been
completed and has been certified by an engineer retained by the developer,
subject to concurrence of the Superintendent of Highways or Town Engineer,
to conform to the approved final plat requirements and to be otherwise
acceptable. In lieu of this procedure, the developer may elect to
provide construction security acceptable to the Town.
(e)
The developer shall commence the subdivision within three years
from the date of final plat approval of any section of the subdivision
by the Planning Board. If the subdivision is not commenced within
this time period, said approval shall automatically become null and
void. This provision shall not apply to subdivisions where all lots
front on existing public streets. For purposes of this provision,
commencement of a subdivision involving public streets and other facilities
shall occur upon the filing with the Town Board of the required construction
security.
M.
Submissions required for signature and filing of plat.
(1)
When the final plat has been approved by the Planning Board in final form and authorized for signature, and signature is otherwise permitted by other requirements above, the developer shall submit three reproducible Mylar copies and four paper copies of the final plat drawing(s) and two reproducible Mylar copies and four paper copies of all subdivision grading, street, utility and other construction drawings prepared as part of the final plat submission. Drawings shall comply with § 410-6. If it is standard practice for the New York State Health Department or other agencies to endorse or sign any such drawings when approved by said agencies, the drawing submitted to the Planning Board shall also bear such endorsement(s) or signature(s).
(2)
The person chairing the Planning Board shall sign and date all copies
of the final plat drawings and return two reproducible copies and
two paper copies to the developer. The Superintendent of Highways
and/or the Town Supervisor shall sign and date all copies of subdivision
grading, street, utility, and other construction drawings or a cover
drawing listing all such construction drawings and return one reproducible
copy to the developer.
(3)
Upon completion of the above signatures, the subdivider shall file
the final plat with the Herkimer County Clerk and shall submit a copy
of the final plat showing evidence of such filing to the Town Clerk.
N.
Time for filing approved plat. Planning Board approval of a final
plat shall expire within 60 days from the date of signature, unless
the final plat shall have been duly filed with the Herkimer County
Clerk within such sixty-day period. A copy of the record final plat
shall be submitted to the Town Clerk within 10 days following filing
with the County Clerk.
O.
Special procedure for subdivision of lands for commercial and industrial
use. Because of possible impracticality of fixing interior lot lines
of commercial and industrial subdivisions prior to establishing the
lot size and configuration required for individual uses, the Planning
Board may conditionally approve a preliminary plat for such a subdivision
showing tentative interior lot lines. Thereafter, the developer may
submit final plats of the subdivision in one or more sections, showing
the addition or revision of interior lot lines, for Planning Board
approval and signature and filing with the Herkimer County Clerk,
without the necessity for further public hearing, unless, in the judgment
of the Planning Board, any significant revisions in lot configuration
or related subdivision proposals may adversely affect adjoining lots
or property.
P.
Clustered land subdivision plats.
(1)
Modification of Chapter 480, Zoning, provisions. In accordance with § 278 of the Town Law and planned district and other provisions of Chapter 480, Zoning, the Planning Board and/or Town Board may modify applicable provisions of Chapter 480, Zoning, for the purpose of enabling and encouraging flexibility of design and development of land in any zoning district in such a manner as to benefit the Town by promoting the most effective and appropriate use of land, facilitating economic development of streets and other public facilities, and preserving the natural and scenic qualities of land and shoreline and otherwise protecting critical environmental resources.[1]
(2)
Clustered land subdivision.
(a)
For purposes of subdivision under this chapter, a developer may request the use of § 278 and applicable Chapter 480, Zoning, provisions to permit waiver and modification of certain Chapter 480, Zoning, lot area, dimension and related requirements to group or cluster lots within selected portions of a subdivision instead of more typical distribution of lots over all or most of the land area of the subdivision.[2]
(b)
A developer shall make dual application for use of this procedure as may be required under Chapter 480, Zoning, and this chapter. The procedure may be approved by the Planning Board if the Board determines that the procedure is appropriate for the land being subdivided and would benefit the Town and the purposes of Chapter 480, Zoning, and this chapter.
(c)
Clustered land subdivision typically involves special procedures and approvals under Chapter 480, Zoning, and nothing herein permitting such subdivision under this chapter shall serve to authorize a change in the permitted use of the subdivision or land as provided by Chapter 480, Zoning, or modify or limit the application of Chapter 480, Zoning, in Planning Board or Town Board determinations as to whether cluster subdivision and development may be approved. This chapter permits such land subdivision only where otherwise permitted and approved by the Planning Board and/or Town Board as required by Chapter 480, Zoning.
(d)
Where a clustered subdivision concept plan has not already been approved as part of a planned district or other zoning procedure, evaluation of a clustered subdivision proposal by the Planning Board shall be based on, but not limited to, the benefits to the Town indicated in Subsection P(1) above and all design and development standards of this chapter, with emphasis on the following considerations:
[1]
Location, scale and density of development in relation to surroundings.
The clustering of buildings and concentration of resident or other
population shall be consistent with the capacity of surrounding community
and natural resources and shall serve to preserve and protect such
resources.
[2]
Availability of public water and sewer services. If such services
are not available, a clustered subdivision shall clearly be demonstrated
to be feasible through development of community and/or individual
lot systems and services.
[3]
Adequate access from major or collector streets. Streets serving
a clustered subdivision shall have capacity to routinely meet anticipated
peak traffic needs and assure safe and convenient accessibility, particularly
for emergency vehicles.
(3)
Density of development. Except where a permitted number of clustered lots has already been determined and approved under a planned district procedure of Chapter 480, Zoning, the number of clustered lots permitted under this subdivision procedure shall not exceed the number of conventional lots otherwise permitted, in the Planning Board's judgment, by Chapter 480, Zoning, on the land area being subdivided. In the case of a residential plat, dwelling units may be permitted in detached, semidetached, attached, and/or multifamily structures in accordance with Chapter 480, Zoning, and subject to approval of the Town Board where required.
(4)
Alternate sketch plans.
(a)
Except where a permitted number of clustered lots has already been determined and approved under a planned district procedure, a developer shall submit, in addition to a sketch plan of a proposed clustered subdivision, a sketch plan showing a layout and density of conventional lots on the same land area consistent with the lot area standards of Chapter 480, Zoning, to assist the Planning Board in determining a density of clustered development which may be reasonably permitted on the same land area. These alternate sketch plans shall each show all wetland, floodplain, shoreline, stream, storm drainage, pronounced slope, tree cover, and other pertinent natural conditions, as well as open space areas proposed within the subdivision, to permit the Board to evaluate and compare alternative density factors.
(b)
The Planning Board may determine that all or some conventional
lots shown on any portion of the land which could not reasonably support
such development, including but not limited to regulated wetlands,
floodplains, slopes greater than 15%, major drainage channels, and
other critical environmental areas, shall not be considered in determining
the number of clustered lots which may be permitted.
(5)
Preliminary and final plat. A clustered subdivision shall be classified as a major subdivision. Subject to Planning Board approval of a sketch plan for clustered subdivision and any related Planning Board or Town Board approvals which may be required under Chapter 480, Zoning, a developer may proceed with the preliminary plat and final plat procedures, including one or more public hearings cited for other subdivisions. Submissions required by this chapter may be provided or supplemented by submissions required by Chapter 480, Zoning.
(6)
Filing; notation on Zoning Map. Filing of a final plat for a clustered
subdivision with the Herkimer County Clerk and Town Clerk shall comply
with requirements for conventional subdivisions. The Planning Board
shall make appropriate notations and reference to such clustered subdivision
and development on the Zoning Maps.
A.
Subdivision referral to County Planning Board. Whenever any portion of a proposed subdivision lies within a distance of 500 feet from any boundary line of a neighboring Town or within 500 feet of any county or state park or highway right-of-way, existing or proposed county or state land on which a public building is or is to be situated or a county-owned right-of-way of a stream or drainage channel, said subdivision shall be referred by the Planning Board to the Herkimer County Planning Board, which Board shall have 30 days after receipt of such referral in which to report its approval, conditional approval, or disapproval of the subdivision. Failure of the County Planning Board to report within 30 days may be construed to be approval by said Board. If said Board disapproves or recommends modification of the subdivision, the Planning Board and the Town Board shall not act contrary to such disapproval or recommendation, except by a vote of a majority plus one of all members of the Board(s) having jurisdiction and after adoption of a resolution setting forth the reasons for such action. The County Planning Board shall be notified regarding action taken by the Town on any such matter. Possible action by the Town Board in addition to the Planning Board is noted above because the Town Board, taking into account Planning Board recommendations, must make an impact determination in connection with any subdivision which is a Class B regional project. See Subsections B and C below.
B.
Subdivision referral to Adirondack Park Agency and Town action on
Class A and Class B regional projects. In accordance with the Adirondack
Park Agency Act (Act) and related Agency regulations, certain proposed
land use, development, and subdivision projects which are Class A
and Class B regional projects shall be referred to the Adirondack
Park Agency (Agency). For purposes of such referrals, the Adirondack
Park Land Use and Development Plan (plan) is to be used in determining
regional project jurisdiction.
(1)
Subdivisions which are Class A or Class B regional projects as identified
in the Act and listed in Appendix A[1] of this chapter shall be referred to the Agency for approval
and issuance of a permit as may be required by the Agency. The Planning
Board will notify the developer of such a project regarding procedures
required to make application to the Agency.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2)
At such time as the Town may have a local land use program approved by the Agency, subdivisions which are Class B regional projects shall be reviewed by the Planning Board and then referred to the Town Board for review in accordance with provisions herein for Town review of Class B regional projects. The Town shall notify the Agency of applications for such projects and public hearings to be conducted in connection with such applications and shall otherwise provide or request the developer to provide any additional information requested by the Agency. See Subsection C below.
(3)
Certain proposed amendments to this chapter as identified in the
Act shall also be referred to the Agency for review and action prior
to Town action on such amendments.
(4)
Any subdivision located outside of hamlet areas designated in the plan which also involves any applications for variances from Chapter 480, Zoning, shall be referred to the Agency for review and action prior to Town action. Any granting of a variance by the Town is also subject to subsequent Agency notification and concurrence. Variances subject to such Agency review generally deal with, but are not limited to, local shoreline restrictions, minimum lot areas or other development intensity controls and incompatible uses or other deviations from the plan.
(5)
All referrals and related dealings with the Agency shall be conducted
in compliance with the Act and with Agency rules and regulations,
or as may be otherwise agreed between the Agency and the Town. Nothing
in this chapter shall serve to waive, reduce, or limit the Agency's
jurisdiction regarding certain subdivisions and subdivision actions.
Any time periods prescribed by this chapter for Planning Board action
shall be subject to required actions of the Agency and may be extended
accordingly.
C.
Town review of Class B regional projects. The Town shall not approve
a subdivision which is a Class B regional project unless the Town
Board determines that the undertaking or continuance of such project
will not have any undue adverse impacts upon the natural, scenic,
aesthetic, ecological, wildlife, historic, recreational or open space
resources of the Adirondack Park or upon the ability of the public
to provide supporting facilities and services made necessary by the
project, also taking into account the commercial, industrial, residential,
recreational or other public benefits which might be derived from
the project. The Planning Board shall not act on a Class B regional
project subdivision until the Town Board has completed its determination.
In making this determination regarding the impacts of the project,
the Town Board shall consider and apply the following development
considerations cited in the Act, also taking into account the recommendations
of the Planning Board:
(1)
Natural resource considerations:
(c)
Air quality.
(d)
Noise levels.
(e)
Critical resource areas:
[1]
Rivers and corridors of rivers designated to be studied as wild,
scenic or recreational in accordance with the Environmental Conservation
Law.
[2]
Rare plant communities.
[3]
Habitats of rare and endangered species and key wildlife habitats.
[4]
Alpine and subalpine life zones.
[5]
Wetlands.
[6]
Elevations of 2,500 feet or more.
[7]
Unique features, including gorges, waterfalls, and geologic
formations.
(f)
Fish and wildlife.
(2)
Historic sites or structures.
A.
Objectives. All subdivisions shall be designed and developed in accordance
with the following standards, which are considered reasonable and
necessary to protect public health and safety; afford comfort and
convenience in daily residential, business and other Town affairs;
protect and preserve land, water and other natural resources of the
Town and the Adirondack Park; and insure that extension and construction
of street and other facilities and services will be safe, sound, durable,
reliable, and otherwise adequate to sustain the type and density of
related land uses and will be consistent with the long-range ability
of the community and Town and other government to provide and maintain
other necessary supporting facilities and services.
B.
General requirements. In the design and development of a subdivision,
the developer shall comply with all standards, specifications, codes,
ordinances and regulations of the Town, Herkimer County, New York
State, and any other public agencies having jurisdiction over the
subdivision or any actions proposed as part of the subdivision. In
addition, the developer shall comply with the minimum standards and
principles of subdivision design and development set forth in this
section. If the Planning Board finds that, because of unusual features
or conditions of the area to be subdivided or its environs, the minimum
standards set forth herein are insufficient to effectuate the purpose
of this chapter, the Planning Board may impose reasonably higher or
stricter standards necessary to satisfy such purposes and secure and
protect public health, safety and welfare.
C.
Flooding and other limitations on use and habitation. Land located
within floodplain areas identified by state or federal agencies or
otherwise subject to flooding, and land deemed by the Planning Board
to be uninhabitable because of other severe natural conditions and
limitations, shall not be subdivided in a pattern which would place
residences or other buildings within said land or would otherwise
create a danger to health, life or property or aggravate flood hazards.
Such land within a subdivision may be reserved for uses not endangered
by potential periodic flooding. Grading or other actions within a
subdivision shall not result in a net reduction in floodplain capacity,
taking into account increased runoff generated by the subdivision.
D.
Street system.
(1)
A subdivision plan shall reflect basic street systems established
by an Official Map or Master Plan, if such exist. All public and private
streets shall have sufficient width, alignment, grade, drainage and
construction to afford reliable year-round access for fire protection
and other emergency vehicles and for snow removal, consistent with
the type, density and seasonal use of lots being served.
(2)
Minor streets in a new subdivision shall be laid out to discourage
through traffic. Provision shall be made for the extension and continuation
of streets into and from adjoining subdivisions and other lands. A
subdivision shall not isolate any adjoining land in a manner which
appears to prevent current or future access to such land. If the subdivision
adjoins an existing or proposed major street, marginal access streets
running parallel to the major street may be required. If lots resulting
from a subdivision are large enough for future resubdivision, suitable
provision shall be made for future access.
(3)
Street patterns, alignments and profiles shall be logically related
to the topography of the land.
(4)
Intersections involving more than four-way vehicular movements are
prohibited.
(5)
Intersections of minor streets with major or collector streets shall
be minimized to reduce potential traffic hazards and delays.
(6)
The provision of half streets at the edge of a new subdivision is
prohibited, unless adequate provision has been made for the cession
of the remaining half of the street as part of the proposed subdivision.
The existence of a adjoining half street in an adjoining subdivision
shall require provision of the remaining half street as part of the
proposed subdivision if adjoining lots or land reasonably require
such action for future access.
(7)
Reserve strips controlling access or egress are generally prohibited,
except where the intent of such strips may be to maintain traffic
safety. Subdivision systems shall reasonably extend to the boundary
lines of the subdivision where it adjoins vacant land suitable for
and susceptible to future subdivision, unless such land may readily
gain adequate and convenient access from other existing streets.
(8)
No permanent dead-end streets without a suitable cul-de-sac shall
be permitted. Streets extending to subdivision boundary lines which
are intended to connect to future streets in adjoining land areas,
and streets within a subdivision which are to be extended into future
sections of the same subdivision, shall be provided with acceptable
temporary circular or hammerhead turnarounds. Appropriate arrangements
shall be made for those portions of temporary turnarounds outside
of street rights-of-way to revert to adjoining property owners at
the time such streets are extended.
(9)
Streets which are extensions of existing streets shall bear the names
of existing streets, subject to the approval of the Planning Board.
All street names shall be approved by the Planning Board to avoid
duplication or similar sounding names which may pose emergency identification
and response problems or general inconvenience to the public.
(10)
Streets shall comply with all new public and private street
design and construction standards included herein. Private streets
shall generally be constructed to the standards indicated for such
streets, except that any standards may be waived or reduced where
such streets are proposed in remote natural areas for seasonal use
and where emergency access is not impaired.
(11)
Soil foundations shall be suitable for construction of streets.
Any unstable or otherwise unsuitable foundation material shall be
removed and replaced or otherwise treated to create a stable and properly
compacted base acceptable to the Superintendent of Highways or Town
Engineer for long-term durability, integrity, and reliability of street
pavements. Construction of streets shall generally comply with the
typical residential street section drawing included herein.
E.
Lots and blocks.
(1)
In addition to compliance with Chapter 480, Zoning, lot and block patterns, sizes, dimensions, shapes, orientation and other planning and design considerations shall be consistent with topographic and other natural characteristics of the land and shall be capable of supporting the type of land use and development contemplated.
(2)
All lots shall have safe and adequate access to a public or private
street.
(3)
Double frontage lots shall generally not be permitted; any need for
such frontage shall be demonstrated.
(4)
Side lot lines shall generally be located at right angles or radial
to street right-of-way lines.
(5)
In exceptionally long blocks or where pedestrian through movement
is otherwise desirable or necessary for safety and convenience of
pedestrian movement to parks, schools, and other community facilities,
a permanent crosswalk of adequate width may be required.
(6)
Corner lots shall generally be wider than single frontage lots.
(7)
Lot depth shall generally not exceed three times the lot width, recognizing
that there may be situations in the Town where this may not be practical.
(8)
Existing topographic and soil conditions and any proposed grading
of lots shall provide safe and stable foundation conditions for intended
structures, without threat of subsidence, sliding, erosion or other
movement of underlying or adjoining soils and slopes.
F.
Water supply and sewage disposal.
(1)
All proposals and plans for public, community or individual lot water
supplies shall conform to all applicable requirements and standards
of the Town and the New York State Department of Health and shall
be approved by said Department prior to approval of a final plat.
Fire hydrants shall be placed along all water mains at intervals approved
by the Fire Department and shall be located for ready access by the
Fire Department.
(2)
All proposals and plans for sanitary sewers and sewage disposals
facilities, including individual lot sewage disposal systems, shall
conform to all applicable requirements and standards of the Town Sanitary
Code and the New York State Department of Health and shall be approved
by said Department prior to approval of a final plat. Where individual
lot systems are proposed, the result of percolation tests shall be
submitted as early as possible during the subdivision review process
to permit the Planning Board to determine whether such systems are
likely to be approved and acceptable.
(3)
All water and sewer mains shall be located to the extent possible
within street rights-of-way so they may be reasonably extended, enlarged
or repaired at minimum cost. Any mains located outside of street rights-of-way
shall have permanent easements of adequate width for accessibility.
G.
Grading and drainage.
(1)
Grading shall be designed for adequate protection of streets, buildings
and other facilities from potential hazards of excessive or unnatural
grades; soil erosion, slippage or subsidence; and inadequate or excessive
surface water runoff, ponding and flooding, during and after completion
of subdivision development. All disturbed areas shall be revegetated.
(2)
Subdivision drainage shall be related to the existing drainage patterns
affecting the land, with proper provision made for adequate storm
drainage from streets and away from buildings. Storm drainage designs
shall accommodate surface runoff within the drainage area after development,
and the volume or rate of runoff from the completed subdivision shall
not adversely affect downstream lands or waters. Detention basins
or other temporary impoundment facilities may be required to avoid
any adverse increase in the rate of runoff from the subdivision.
(3)
Facilities and easements for storm drainage must be sufficient to
handle not only the anticipated runoff from the property being subdivided,
but also any reasonably anticipated increase in runoff which may occur
if property at a higher elevation in the drainage area is likely to
be developed.
(4)
Permanent storm drainage easements shall be provided along all streams,
drainage channels, and other natural or constructed watercourses,
conforming substantially with the lines of such watercourse, and of
such width as to encompass a twenty-five-year frequency storm floodplain
of such watercourse. Easements shall also be provided to encompass
any existing one-hundred-year frequency storm floodplain within the
subdivision.
(5)
The first-floor elevation of all habitable structures within any
subdivision shall be a minimum of one foot above the floodplain of
a one-hundred-year frequency storm.
(6)
First-floor elevations of structures shall be higher than streets
wherever possible.
H.
Electric, telephone, and other services. Such services shall be planned
and installed in accordance with normal distribution, capacity, and
other standards established by involved utility companies and necessary
to serve the subdivision.
I.
High-pressure gas and other energy or hazardous materials transmission
system. If any systems are located in or adjoining a subdivision,
adequate provision shall be made to separate future buildings and
other improvements from such systems in accordance with all applicable
standards and regulations and with Planning Board determinations.
J.
Monuments. Concrete or other permanent reference monuments acceptable
to the Superintendent of Highways shall be set at all corner and angle
points of the boundaries of the subdivision and at a key street intersection
and other interior control points.
K.
Walks. Sidewalks along streets, crosswalks, through blocks, or other
walks shall be installed where required by the Planning Board based
on reasonable public safety and convenience considerations. The construction
methods and materials for such walks shall be determined by the Board
and the developer, except that within close-in developed portions
of the Old Forge, Thendara, and Eagle Bay hamlets of the Town, such
walks shall be concrete.
L.
Preservation of natural and cultural resources. Subdivisions shall
be designed to preserve natural and cultural features and conditions
of value to the subdivision, the Town and the Adirondack Park, including
natural topographic conditions, large trees and stands of trees, watercourses,
shoreline, historic sites or trails, scenic vistas, areas of archeological
sensitivity, and similar irreplaceable assets. While selected tree
clearing may be anticipated, clear-cutting or other excessive cutting
and removal of tree growth and other vegetative cover shall not be
permitted.
M.
Planting. Subject to existing natural tree growth within the subdivision,
tree planting shall be required by the Planning Board, particularly
where visual relief and screening along adjoining streets or uses
may be deemed necessary. Nonresidential subdivision development shall
include such planting. Planting shall favor hardy long-lived tree
species similar to existing native growth in the area.
N.
Parks and other public recreation areas/park and recreation payments.
(1)
Any recreation areas shown on a Master Plan. If any proposed park,
playground or other public recreation or open space shown on a Master
Plan is located in whole or in part in a subdivision, the Planning
Board may require that such land area(s) be reversed and designated
on a final plat for cession to the Town, if approved by the Town Board.
(2)
Recreation areas not shown on a Master Plan. The Planning Board may
require that a final plat reserve and designate land area(s) of a
size, character and location suitable and necessary for the development
of a park, playground, or other public recreation or open space facility
within the subdivision for cession to the Town, if approved by the
Town Board. The Planning Board may require that the developer satisfactorily
grade any such sites. The amount of such reservations, if any, shall
not be more than 10% of the total land area of the subdivision without
the developer's approval.
(3)
Waiver of final plat reservation and designation of recreation areas.
(a)
In cases where the Planning Board finds that, due to the size,
character or location of the subdivision, land area(s) for park, playground
or other public recreation and open space facilities cannot be properly
located or is otherwise not desirable within a subdivision, the Board
may waive the requirement that a final plat show land area(s) for
such purposes.
(b)
In lieu of such reservation of land and as a condition of an approval of a final plat, the developer shall pay to the Town an amount equivalent to $100 for each lot shown on the final plat, excluding any lots involving only existing lot boundary adjustment and already occupied by a primary building as defined by Chapter 480, Zoning. Any lot which will contain more than one new dwelling unit and/or nonresidential primary building shall pay $100 for each proposed dwelling unit and/or primary nonresidential building to be constructed on the lot.
(c)
Such amount shall be paid to the Town at the time of final plat
approval. A final plat shall not be signed until such payment is made.
All such payments shall be held by the Town Board in a special Town
trust fund to be used only for the acquisition and improvement of
the land suitable for new permanent park, playground or other public
recreation or open space facilities or for the improvement of existing
parks, playgrounds or other public recreation or open space facilities
reasonably serving the general neighborhood or other area in which
the subdivision is located.
A.
General.
(1)
A complete application to the Planning Board for subdivision review
and approval shall include a signed application form, plan, plat,
and other drawings, other information and documentation, and an application
fee. Various time periods for review and approval stipulated in this
chapter shall not commence until an application is considered complete.
(2)
Standard application forms provided by the Town shall be dated and
show the name of the subdivision; the location, Tax Map number(s),
and zoning of the land to be subdivided and any adjoining land held
by the owner of record; the name and address of the owner of record;
the name and address of the developer if other than the owner, and
the form of control of rights in the land held by the developer; the
name of the surveyor and engineer preparing the subdivision plat and
construction drawings; and the signatures of the owner and the developer
if other than the owner. The form shall also identify and explain
any waivers or exceptions requested by the developer.
(3)
All plans and plats shall be clearly labeled "sketch plan," "preliminary
plat" or "final plat" and shall show the proposed name of the subdivision,
the name of the Town and county, all names required on the application
form, the names of all adjoining subdivisions and owners of record
of adjoining lots and land taken from Tax Maps, surveyor and engineer
seals and signatures as required, names of existing streets bordering
and intersecting the subdivision, proposed street names, a true North
arrow, graphic scale(s) of the drawing(s), and the date. Plats shall
be drawn at a scale of at least one inch equals 100 feet, and preferably
at one inch equals 50 feet.
(4)
All final plats and construction drawings for street, water supply,
sewage disposal, and other improvements within a subdivision shall
be prepared by a surveyor or engineer as may be required by the laws
of New York State and shall bear the seal and signature of such parties
as may be required by the state.
(5)
Final plat drawings shall bear a statement "Approved by (name of
developer)" and the signature of the developer.
(6)
Plat drawings shall also include an area map showing the location
of the subdivision in relation to surrounding lands.
(7)
Ten paper copies of all plans, plats, and other drawings and accompanying data and documentation shall be submitted for Planning Board review. In connection with final plat approval, additional reproducible Mylar drawings shall be submitted as identified in § 410-3. Where plans, plats, and other drawings, or other data and documentation required for any submission, are modified at the developer's discretion or in accordance with Planning Board or other agency reviews, 10 copies of all modified material shall be submitted.
(8)
Plats and other required drawings shall be on eighteen-inch by twenty-four-inch
or twenty-four-inch by thirty-six-inch sheets where practical.
(9)
Where a proposed plat is not able to be shown on a single drawing
sheet, a key map shall be provided on the first plat drawing sheet
identifying the portion of the subdivision shown on each numbered
plat drawing sheet.
(10)
These submission requirements are not intended to require a
developer to prepare drawings, data, and documentation which may not
be necessary for relatively small and uncomplicated subdivisions.
Detail shown on drawings and other submissions should be consistent
with the scope of the subdivision and the characteristics of the land.
The Planning Board must have sufficient information to understand
and review a subdivision in accordance with this chapter. The developer
may consult with the Planning Board to review and determine appropriate
submission requirements.
B.
Sketch plan submission. A sketch plan may be drawn using Tax Map
or similarly accurate base map information at a scale not less than
one inch equals 200 feet and at a size adequate to show the land to
be subdivided plus any adjoining land owned or controlled by the developer.
The plan shall show the land to be subdivided; existing and proposed
street pattern; water and/or sewer services available; approximate
proposed lot pattern and typical size and area of lots; existing buildings;
and existing streams, wooded areas, and other significant natural
features. Reasonable topographic information shall be provided. Where
public water and/or sewer services are not available, basic data on
feasibility of on-site water supply and sewage disposal shall be provided.
C.
Minor subdivision plat submission. In the case of a minor subdivision
only, a preliminary plat does not have to be submitted. Given Planning
Board approval of a sketch plan, a developer may elect to proceed
to prepare and submit a final plat. Where this procedure is contemplated,
the sketch plan shall include sufficiently detailed information to
adequately address all possible Planning Board questions and concerns
applicable to the subdivision in accordance with typical preliminary
plat submissions.
D.
Preliminary plat submission. The following shall be submitted:
(1)
Preliminary plat, in accordance with the above and the following:
(a)
Boundary lines of the land being subdivided and of any existing
paper streets or other rights-of-way and easements within the land,
with bearings, lengths and other location of such lines.
(b)
Existing streets, buildings, streams and other watercourses,
wetlands, wooded areas, and other significant existing man-made and
natural features.
(c)
Existing sewers, water mains, storm drains, culverts, other
transmission lines, power poles, and similar facilities on and adjoining
the land, with pipe sizes, grades, direction of flow, and related
information.
(d)
Existing contours at intervals of five feet or less as required
by the Planning Board, including elevations on existing roads.
(e)
Approximate locations, widths and grades of rights-of-way and
pavements of proposed public and private streets, with approximate
bearings, curvature and related information.
(f)
Approximate proposed lot lines with dimensions and areas of
each lot.
(g)
Approximate location, size, and direction of the flow of all
proposed water and sewer lines with fire hydrants and other structures
showing connections to existing lines, or alternate means of water
supply and/or sewage disposal in accordance with Town Sanitary Code
and New York State Department of Health requirements, including the
results of percolation tests performed by qualified personnel in accordance
with applicable requirements.
(h)
Proposed grading and storm drainage indicating the approximate
location and size of proposed storm drains, swales, impoundment or
detention basins, and connections to existing drainage systems or
natural drainage channels, or alternate means of drainage disposal.
(i)
Identification of the general size and character of existing
trees in the subdivision and the proposed extent and limits of clearing
and removal of such trees.
(j)
Any proposed reservation of land for public or private park,
recreation and other community facilities.
(k)
Any proposed walks, lighting, planting and other subdivision
improvements.
(l)
Information on distribution of electric, telephone and other
fuel facilities to serve the subdivision.
(m)
Proposed monuments to be installed.
(n)
Approximate sections of the subdivision and sequence and schedule
of phased development.
(3)
Information on soil types and conditions, including depth of water
table.
(4)
Design data and calculations showing the intent and capacity of the
storm drainage system and its adequacy to direct and contain runoff
and avoid flooding within the subdivision or on adjoining properties.
(5)
Draft of covenants or deed restrictions, if any, intended to run
with the land on all or part of the subdivision lots.
(6)
Draft of offers of cession to the Town or other public agencies for
all proposed public streets, sewers, drains, water mains and other
improvements, and all land and easements containing such improvements,
and parks or other proposed public use parcels, in a form approved
by the Town Board through the Town Attorney.
(7)
Description of arrangement for future ownership and maintenance of
private streets and other facilities.
E.
Final plat submittal. A final plat shall include all above preliminary
plat submissions in final form, incorporating and reflecting modifications
and supplemental information required by the Planning Board or other
agencies having jurisdiction, and the following:
(1)
Subdivision boundary lines, public and private street right-of-way
lines and street center lines, pavement lines, lot lines, utility
and drainage easement lines, boundaries of other parcels proposed
to be dedicated to the Town or other public agencies for public parks
or other facilities or to be reserved for other public or private
purposes by the developer, and any other subdivision or encumbrance
of land or lots shall be shown in final form sufficient to reproduce
such lines on the ground, referenced to existing or proposed permanent
monuments shown on the plat. The length and bearing of all straight
lines and the radius, length, and central angles of all curved lines
shall be shown. All lengths shall be shown in feet and decimals of
a foot. If a subdivision is located along an existing road or street
right-of-way line which may not be able to be clearly defined due
to inadequacy of historic records, the developer shall be expected
to determine a sufficiently precise mean of defining such rights-of-way
so that the Planning Board may reasonably evaluate the size and dimension
of adjoining lots to be subdivided, consistent with the developer's
need to adequately describe such lots for purpose of transfer and
recording of ownership.
(2)
Blocks and lots shall be numbered in accordance with any system established
by the Town or other logical system approved by the Planning Board.
(3)
Final construction plans, profiles, cross sections, details, and
other drawings for all streets, sewers, water mains, drains, culverts,
swales, drainage channels, headwalls, bridges, and other improvements,
manhole and catch basin stationing, size of pipes, surface and invert
elevations at catch basins and manholes, grade of sewers and drains
between catch basins and manholes, and other data and information
typically required to permit third-party construction of such improvements.
All street paving and base and subbase materials shall be identified
and specified on the drawings. The developer's intent to construct
improvements with his own forces shall not exempt the requirements
for submission of detailed drawings fully identifying all proposed
construction.
(4)
Sufficient grading information to identify approximate first-floor
elevations of all buildings and other grading and drainage proposals.
(5)
Evidence of approval and/or issuance of permits by other public agencies
where required, as well as any other pre- and post-construction certificates,
affidavits, endorsements or other agreements as may be required by
the Planning Board to assure that all subdivision actions have been
or will be completed in accordance with this chapter and all other
applicable codes, laws and regulations.
(6)
Final covenants or deed restrictions.
(7)
Final offers of cession for all public streets, utilities, and other
facilities in a form approved by the Town Board.
(8)
Final documentation of homeowner association or other arrangements
for future ownership and maintenance of private streets, utilities
and other community facilities, and evidence that such arrangements
are or will be irrevocably bound into the subdivision and sale or
other transfer of lots.
F.
As-built drawings. Copies of as-built drawings shall be submitted
with a certification by the developer's engineer that all streets,
utilities and other facilities were properly constructed in accordance
with the approved construction drawings and New York State Department
of Health regulations. Drawings shall show the constructed locations
of all sewer, water and drainage and other subsurface facilities and
surface and invert elevations and the final stationing of all catch
basins and manholes, stationing and length to the property line of
all building sewer laterals, and any other necessary information for
the proper future maintenance and operation of the systems.
G.
Application fee. Subdivision application fees in accordance with § 410-7 of this chapter shall be paid prior to Planning Board review of any preliminary plat or final plat.
H.
Park and recreation payment. Payments in accordance with § 410-3 of this chapter shall be paid prior to Planning Board signature on a final plat.
I.
Other submissions. This listing of typical submission requirements
shall not relieve the developer of submitting such other drawings,
data and documents reasonably required by the Planning Board and the
Town Board to adequately review and understand the proposed subdivision,
particularly where the land involves wetlands, shoreline, steep slopes,
substantial drainage or possible flooding considerations, or significant
natural or cultural resources, and/or where the size and scope of
the subdivision can be expected to have major impact on the Town,
its land and water resources, or the need for expanded or extended
public facilities and services. This listing also does not relieve
the developer of submissions and procedures required by other agencies
having jurisdiction over the subdivision or any subdivision actions.
Such other submissions expressly include environmental assessments,
environmental impact statements, and/or other documentation required
for SEQR compliance.
A.
Subdivision application fees. To defray the costs to the Town of
subdivision review and approval procedures and monitoring and inspection
of subdivision development, the following fees shall be paid by the
developer with applications for preliminary and final plats:
B.
Fees shall be paid in the form of a check or other negotiable instrument
payable to the Town of Webb, New York. Subdivision applications shall
not be considered to be complete and shall not be reviewed until such
fees are paid.
If there is any conflict between any standards in this chapter
and those of other Town, county or state codes, ordinances, laws or
regulations, the most restrictive or highest standard shall apply.
