[HISTORY: Adopted by the Town Board of the
Town of New Hartford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-26-1965 by L.L. No. 2-1965]
No land in the Town of New Hartford shall be
subdivided except in conformance with the Town of New Hartford Subdivision
Regulations, duly adopted by the Planning Board of the Town of New
Hartford and approved by the Town Board of the Town of New Hartford,
and any amendments thereof.[1]
No building permit shall be issued to any person,
firm or corporation for the construction of any building upon property
which has been subdivided without the approval of the Planning Board
of the Town of New Hartford.
For the purposes of this article, the following
terms shall have the meanings indicated:
The division of any land into two or more lots, plots, sites
or other division of land for the purpose, whether immediate or future,
of transfer of ownership or building development and shall include
resubdivision in whole or in part of any plot filed or unfiled, which
is entirely or partially undeveloped.
Any person, firm or corporation who shall subdivide
property in the Town of New Hartford without complying with the Town
of New Hartford Subdivision Regulations and obtaining the approval
of the Planning Board of the Town of New Hartford shall be guilty
of an offense punishable by a fine not exceeding $50 or imprisonment
for a period not to exceed six months, or both, as provided by § 268
of the Town Law.
[Adopted 7-10-1963]
By authority of the resolution duly adopted
by the New Hartford Town Board on February 1, 1961, pursuant to the
provisions of Article 16 of the Town Law, and §§ 274[1] and 276 thereof and acts amendatory thereto, the Town
Board authorized and empowered the Planning Board of the Town of New
Hartford to:
A.
Approve or disapprove changes in the lines of existing
streets, highways or public areas shown on subdivision plats or maps
filed in the County Clerk's office.
B.
Approve or disapprove the laying out of, closing off
or abandonment of such streets, highways or public areas under and
subject to the provisions of the town and highway laws.
C.
Approve or disapprove all plats showing lots, blocks
or sites with or without streets or highways.
D.
Pass and approve the development of plats already
filed in the County Clerks office if such plats are entirely or partially
undeveloped.
E.
Control subdivisions.
[1]
Editor's Note: Former § 274 of the
Town Law was repealed by L. 1992, c. 663, effective July 1, 1993.
See now § 271 of the Town Law.
These regulations are enacted for the following
purposes and for such other or further purposes as may be authorized
by law to:
A.
Provide for the future growth and development of the
town.
B.
Afford adequate facilities for the housing, transportation,
distribution, comfort convenience, safety, health and welfare.
C.
Show in proper cases a park or parks suitably located
for playground or other recreational purposes.
D.
Require that the streets and highways shall be of
sufficient width and suitable grade and shall be suitably located
to accommodate the prospective traffic, to afford adequate light and
air, to facilitate fire protection and to provide access of fire-fighting
equipment to buildings.
F.
Find that the land shown on such plats shall be of
such character that it can be used safely for building purposes without
danger to health or peril from flood, fire or other menace.
For the purpose of these regulations, which
shall be known as and may be cited as the "Town of New Hartford Subdivision
Regulations," certain words used herein are defined as follows:
A committee composed of the Town Planner, Town Engineer and
Town Codes Officer chaired by the Town Planner and serviced by a secretary.
[Added 6-1-1988 by L.L. No. 4-1988]
The duly appointed Planning Board of the Town of New Hartford.
A person licensed as a professional engineer by the State
of New York.
[Added 6-1-1988 by L.L. No. 4-1988]
Any size subdivision not classified as a minor subdivision,
including, but not limited to, subdivision of five or more lots, or
any size subdivision requiring any new street or extension or municipal
facilities.
[Added 6-1-1988 by L.L. No. 4-1988]
A comprehensive plan prepared for and by the Board pursuant
to Article 16 of the Town law, which plan indicates the general locations
recommended for the various public works, places and structures and
for the general physical development of the Town of New Hartford,
and includes any unit or part of such plan separately adopted and
any amendment to such plan or parts thereof.
Any subdivision containing not more than four lots fronting
on an existing street or not involving any new street road or the
extension of municipal facilities beyond the frontage requirements
of a single lot within the designated zone and not adversely affecting
the development of the remainder of the parcel or adjoining property
and not in conflict with any provision or portion of the Master Plan,
Official Map or Zoning Law of the Town of New Hartford.[1]
[Added 6-1-1988 by L.L. No. 4-1988; amended 8-3-1988 by L.L. No. 8-1988]
The map established by the Town of New Hartford pursuant
to § 276 of the Town Law showing the streets, highways and
parks theretofore laid out, adopted and established by law and any
amendments thereto adopted by the Town Board or additions thereto
resulting from the approval of subdivision plats by the Board and
the subsequent filing of such approved plats. Streets not accepted
by the Town Board as public streets may be shown thereon but shall
be marked as private streets.
The preliminary drawing or drawings indicating the proposed
manner or layout of the subdivision and width of proposed streets
to be submitted to the Board for its consideration.
That person who shall be designated to perform the duties
of the Secretary of the Administrative Review Panel for all purposes
of these regulations.
[Added 6-1-1988 by L.L. No. 4-1988]
A sketch of a proposed subdivision showing the information specified in § 104-11C(1) of these regulations to enable the subdivider to save time and expense in reaching general agreement with the Administrative Review Panel as to the form of the layout and objectives of these regulations.
[Added 6-1-1988 by L.L. No. 4-1988]
A public or private way for vehicular traffic.
ARTERIAL STREETS and HIGHWAYSThose which are used primarily for traffic with limited access.
MAJOR STREETSThose which carry traffic from minor streets to the business and industrial districts.
MINOR STREETSThose which are used primarily for access to abutting residential properties. A cul-de-sac is a minor street with only one outlet and having a turning loop or wye at the closed end.
MARGINAL ACCESS STREETSGenerally parallel with and adjacent to arterial streets and highways; and provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself or others.
[Added 6-1-1988 by L.L. No. 4-1988]
The division of any parcel of land into two or more lots,
plots, sites or other division of land for the purpose, whether immediate
or future, of transfer of ownership or building development, and shall
include resubdivision in whole or in part of any plat filed or unfiled,
which is entirely or partially undeveloped.
A drawing in final form, showing a proposed subdivision containing
all information or detail required by law and by these regulations
to be presented to the Planning Board for approval and which, if approved,
may be duly filed or recorded by the applicant in the office of the
County Clerk or Registrar.
[Amended 6-1-1988 by L.L. No. 4-1988]
A person licensed as a land surveyor by the State of New
York.
[Added 6-1-1988 by L.L. No. 4-1988]
The duly designated codes officer of the town.
[Added 6-1-1988 by L.L. No. 4-1988]
The duly designated engineer of the town.
[Added 6-1-1988 by L.L. No. 4-1988]
The duly designated planner of the town.
[Added 6-1-1988 by L.L. No. 4-1988]
A.
Major subdivision.
(1)
Application. Whenever any subdivision of land as hereinbefore
defined is proposed to be made, the subdividing owner thereof, or
his agent shall apply, in writing, to the Board for approval of such
subdivision. There shall first be filed with the Board a preliminary
plan or layout of the entire property for conditional approval and
subsequently thereto a final plat, as hereinafter specified.
(2)
Preapplication procedure. Prior to the filing of an
application for conditional approval of a preliminary layout, the
subdivider or his agent or engineer may appear and submit general
site information and data regarding existing conditions, a location
map and a sketch plan with a request for informal consideration by
the Board and for an expression of its views. No formal application
is thereby required. The purpose of such appearance and submission
of information and data is primarily to afford the subdivider an opportunity
to consult informally and at an early stage with the Board with the
view toward conserving the time and expense of the subdivider and
creating mutual opportunities of the parties for the achievement of
a desirable subdivision in the public interest.
(3)
Procedure for conditional approval of preliminary
layout.
(a)
On reaching conclusions regarding the general
program and objective following the preapplication appearances, if
any, the subdivider shall cause to be prepared a preliminary layout,
together with the following supplementary or supporting material:
[1]
Topographic data on the tract and existing drainageways.
[2]
Tract boundary lines, tract area and street
layout.
[3]
The name and right-of-way width of each street
or other right-of-way.
[4]
Utilities on and adjacent to the tract.
[5]
The location, dimensions and purpose of any
easements.
[6]
The number to identify each lot and letter to
identify each block.
[7]
The purpose for which sites, other than residential
lots, are dedicated or reserved.
[8]
The minimum setback line on all lots and other
sites.
[9]
The names of owners of record of adjoining unplatted
land.
[10]
Site data, including the number of residential
lots, typical lot size, linear feet of streets, acres in parks, etc.
[11]
The title, scale, North arrow and date.
(b)
Four copies of the preliminary layout and supplementary
material so required shall be submitted to the Board with written
application for conditional approval not less than seven days prior
to a regularly scheduled meeting.
(c)
The Board shall, within 40 days after the filing
of the application, conditionally approve or disapprove the preliminary
layout and other material as submitted or modified; and the Board
shall notify the subdivider, in writing, of its action. If conditionally
approved, the Board shall state the conditions of such approval or,
if disapproved, shall notify the subdivider of the reasons thereof.
(4)
Procedure for approval of final plat.
(a)
The final plat shall conform substantially to
the preliminary plan as conditionally approved. If desired by the
subdivider, the final plat may constitute only that portion of the
approved preliminary plan which he proposes to record and develop
at the time; provided, however, that such portion conforms to all
requirements of these regulations.
(b)
Application for approval of the final plat and
other material required for approval shall be submitted to the Board
by filing the plat and such other material with the Secretary of the
Board at least 10 days prior to the regular monthly meeting, at which
time it is to be considered.
(c)
Four copies of the final plat and other material
required for approval shall be submitted to the Board within six months
after conditional approval of the preliminary layout, otherwise, such
conditional approval shall become null and void unless an extension
of time is applied for and granted by the Board.
(d)
The Board shall, within 45 days from and after the time of the public hearing for the approval, modification and approval or disapproval of the final plat, approve or disapprove the final plat as submitted or modified, and the Board shall notify the subdivider, in writing, of its action. Approval, however, shall not be deemed final until the subdivider has complied with § 104-11B(3) with respect to certifications that required improvements have been completed or a bond satisfactory to the Board has been posted in lieu thereof in accordance with the provisions of § 277 of the Town Law and shall have filed the final plat with the County Clerk within 90 days after approval; otherwise, such approval shall expire as provided by § 276 of the Town Law and shall become null and void unless an extension of time is applied for and granted by the Board pursuant to law.
(e)
The subdivider will be required to tender offers
of cession in form approved as satisfactory by the Town Attorney of
all sewers, drains, surface drains, waterlines and all land included
in streets, parks or other public areas, not specifically reserved
as shown on the final plat, but approval of the final plat shall not
constitute acceptance by the town of the dedication of such facilities
without formal acceptance by the town. This subsection shall not apply
to corporations operating under the Transportation Act.
(5)
Subdivision filing fees.
[Amended 12-7-1988 by L.L. No. 12-1988]
(a)
Purpose. The following fees shall be charged
to reimburse the town in supporting comprehensive planning and engineering
and the necessary support services (both direct and indirect costs)
to provide for the processing, review, inspection, implementation
and maintenance of subdivision applications, plans and/or the request
and dissemination of information pursuant to this article.
(b)
Filing fees.
[Amended 12-6-1992 by L.L. No. 3-1992]
[1]
The following fees will be assessed upon application
for the requested service and shall be nonrefundable:
[a]
Sketch plan conference with the Development
Review Committee (Town Planner, Town Engineer and Town Codes Enforcement
Officer): $100.
[b]
Application for conceptual subdivision approval:
$100, plus $50 per lot.
[c]
Application for preliminary subdivision approval:
$200, plus $100 per lot.
[d]
Application for final subdivision: $100, plus
$50.
[e]
State environmental quality review (SEQR): environmental
assessment form (EAF) review and SEQR determination: $75; Administration
and coordination of SEQR with town as lead agency and no environmental
impact statement (EIS) required: $300; Administration and coordination
of SEQR with town as lead agency, EIS required and prepared by applicant,
draft review: $500; administration and coordination of SEQR with town
as lead agency, EIS required and prepared by applicant, final review:
$500; SEQR administration and coordination with town as lead agency,
Planning Board requires town contracting for professional services
for administration, coordination and preparation and review of EIS,
as required: $500, plus any and all direct contractual expenses incurred
by the town.
[2]
In addition, should the town or its agents require
independent construction inspection services for site work and exterior
utilities and appurtenances to comply with the requirements of the
Town Planning Board, an additional fee will be to the applicant to
compensate for the charge incurred by the town. A prepaid fee will
be established by the town based on the current hourly inspection
rate schedule approved by the Town Board.
[3]
In addition, should the town require special
studies to comply with the requirements of the Town Planning Board,
an additional nonrefundable and nontransferable fee will be to the
applicant to compensate for any and all charges incurred by the town
in this regard.
[4]
Should the project for which application is
made be subject to other charges, i.e., fees in lieu of mitigation,
the applicant shall be solely responsible for payment of the same,
and the charges shall be in addition to all other fees or charges
associated with said application. Payment of said charges shall be
paid in full prior to final approval by the Planning Board.
B.
Procedure for administrative review of minor subdivisions.
[Added 6-1-1988 by L.L. No. 4-1988]
(1)
Preapplication. Whenever any minor subdivision of
the land is proposed to be made, and before any contract for the sale
of or any offer to sell any lots in such subdivision of any part thereof
is made, and before any permit for the erection of a structure in
such proposed subdivision shall be granted, the subdivider or his
duly authorized agent shall complete a preapplication form and comply
with the specified requirements in accordance with the following procedures:
(a)
Sketch plan submission and determination. Any owner of land may, prior to subdivision or resubdividing land, submit to the Secretary of the Administrative Review Panel two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 104-11C(1) for the purposes of classification and preliminary discussion.
(b)
Within 10 working days, the Town Planner shall make a determination as to the classification of the sketch plan (i.e., minor or major subdivision). A copy of the determination shall be forwarded to the Planning Board. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 104-11C(2) of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Subsection A(1) through (5) of these regulations.
(c)
Following the determination, the sketch plan
shall be forwarded to the Administrative Review Panel for review and
discussion.
(2)
Sketch plan review by the Administrative Review Panel.
The subdivider, or his duly authorized representative, shall discuss
the requirements and regulations for street improvements, drainage,
sewerage, water supply, fire protection and similar aspects, as well
as the availability of existing services, and other pertinent information
with the Town Planner, Town Engineer and Town Building Official at
a scheduled administrative review session. Within five days from the
scheduled meeting, the Administrative Review Panel shall determine
whether the sketch plan meets the purposes of these regulations and
shall, where it deems it necessary, make specific recommendations,
in writing, to be incorporated by the applicant in plat development.
The Administrative Review Panel may require, however, when it deems
it necessary for protection of the public health, safety and welfare,
that a minor subdivision comply with all or some of the requirements
specified for major subdivisions.
(3)
Final plat application and fee.
(a)
Within six months after the determination of the Administrative Review Panel, the subdivider shall submit an application for review and approval of a subdivision plat to the Secretary of the Administrative Review Panel, 10 days prior to the scheduled administrative review session where the subdivision plat shall be discussed. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Administrative Review Panel. Said application shall also conform to the requirements listed in § 104-11C(2).
(b)
All applications for plat approval for minor
subdivisions shall be accompanied by a fee of $100, plus $25 per lot
or $50 per acre.
(4)
Number of copies. An original Mylar, reproducible, and six copies of the subdivision plat shall be presented to the Secretary at the time of submission of the subdivision plat. The plat shall conform to the submission requirements specified in § 104-11C.
(5)
Final plat review by the Administrative Review Panel;
attendance of the subdivider. The subdivider, or his duly authorized
representative, may be requested to attend the meeting of the Administrative
Review Panel to discuss the subdivision plat.
(6)
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by § 104-11C by these regulations, has been filed with the Secretary of the Administrative Review Panel.
(7)
Determination pursuant to the State Environmental
Quality Review (SEQR) process.
(a)
Subdivision of land may be subject to the provisions
of the State Environmental Quality Review (SEQR) process. The Town
Planner should identify the type of action the subdivision is according
to SEQR regulations. Depending upon the size of the subdivision and
several other factors, it may be a Type I or an unlisted action. To
make a decision, the Town Planner should consult Part 617 of Article
8 of Environmental Conservation Law (New York).
(b)
If it is determined that any provision of SEQR
must be followed or that an environmental impact statement has to
be prepared for the proposal in question, all time frames and deadlines
are delayed until such process is complete and a draft environmental
impact statement has been filed. An application is not complete, and
therefore the review clock does not start, until a determination of
no significance has been made or until a draft environmental impact
statement is completed.
(8)
Required referral to Oneida County Department of Planning.
Prior to the Planning Board taking final action on the minor subdivision
plat the Town Planner shall refer the plat to the County Planning
Department for advisory review and a report in accordance with § 239-n
of the General Municipal Law, where the proposed action is within
a distance of 500 feet from the boundary of any city, village or town,
or from the boundary of any existing or proposed county or state park
or other recreation area, or from the right-of-way of any existing
or proposed county or state parkway, thruway, expressway, road or
highway, or from the existing or proposed right-of-way of any stream
or drainage channel owned by the county-or for which the county has
established channel lines, or from the existing or proposed boundary
of any county or state-owned land on which a public building or institution
is situated. All time frames are delayed until a response is returned
from the county.
(9)
Administrative referral and recommendations; final
plat. The Administrative Review Panel shall, within 10 working days
from the date of the scheduled administrative review session, refer
the final plat to the Town Planning Board with recommendations to
act to approve, disapprove or approve with modifications. This time
may be extended by mutual consent of the subdivider and the Administrative
Review Panel. Failure of the review panel to act within such time
shall allow the Secretary to refer the final plat with no recommendation.
(10)
Planning Board action; final plat. Upon completion
of the administrative review process, the final plat will be placed
on the next available Planning Board agenda, accompanied by the letter
of referral and recommendation by the Administrative Review Panel.
The Planning Board can act to conditionally approve, disapprove or
grant final approval with a motion, a second and affirmation by a
simple majority of its members. Final action must be made within 45
days from the date of referral. This time may be extended by mutual
consent of the subdivider and the Planning Board. Failure of the Planning
Board to act within such time shall constitute approval of the plat.
(11)
Signature and approval. If the Planning Board grants
final approval, the Chairman or his designee may sign the subdivision
plat constituting final plat approval. If the Planning Board grants
conditional approval, the Planning Board Secretary, within five days,
shall forward a letter to the applicant, specifying the Board's action
and the conditions that must be met prior to final plat approval.
The plat will be certified by the Secretary as conditionally approved
and a copy mailed to the subdivider with the original maintained by
the Planning Department. Upon completion of such requirements, the
plat shall be signed by the Planning Board Chairman or his designee.
Conditional approval of a plat shall expire 180 days after the date
of the letter granting such approval unless the requirements have
been certified as completed within that time. The Town Planner may,
however, extend the time within which a conditionally approved plat
may be submitted for signature if, in his opinion, such extension
is warranted in the circumstances, not to exceed two additional periods
of 90 days each.
(12)
Approval and filing. Upon signature of the plat by
the Planning Board Chairman, the plat may be filed by the applicant
in the office of the County Clerk and an original Mylar reproducible
filed with the town planning office. Any subdivision plat not so filed
or recorded within 30 days from the date upon which such plat is approved
or considered approved by reasons of the failure of the Planning Board
to act shall become null and void.
(13)
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been given by the Planning Board and endorsed, in writing,
on the plat, unless said plat is first resubmitted to the Planning
Board and such Board approves any modifications. In the event that
any such subdivision plat is recorded without complying with this
requirement, the same shall be considered null and void, and the Board
shall institute proceedings to have the plat stricken from the records
of the County Clerk.
(14)
Piecemeal approval prohibited. No pending or approved
preliminary plat, conditional final plat, final plat or tract in common
or corporate interest shall be allowed to file more than one minor
subdivision request within any three-year period.
A.
Streets.
(1)
The arrangement, character, extend, width, grade and
location of all streets shall conform to the Master Plan and to the
Official Map, if any, and shall be considered in its relation to existing
and planned streets, topographical conditions, public convenience
and safety, and the proposed uses of the land to be served by such
streets.
(2)
The arrangement of streets in a subdivision shall
either:
(a)
Provide for the continuation, if appropriate,
of major streets in the surrounding area; or
(b)
Conform to a plan for the neighborhood approved
by the Board to meet a particular situation where topographical or
other conditions make the continuance or conformance with existing
streets impracticable.
(3)
Minor streets shall be so laid out that their use
by through traffic will be discouraged.
(4)
Where a subdivision abuts or contains an existing
or proposed arterial street or railroad, the Board may require marginal
access streets, reverse frontage with screen planting contained in
a non-access reservation along the rear property line, deep lots with
rear service alleys or such other treatment as may be necessary for
adequate protection of residential properties and to afford separation
of through and local traffic.
(5)
Reserve strips controlling access to streets, water
mains, sewage mains, lines or treatment plants or other land dedicated
or to be dedicated to public use shall be prohibited unless control
thereof is expressly placed in the town under conditions approved
by the Town Board.
(6)
Street jogs with center-line offsets of less than
150 feet shall be avoided.
(7)
A tangent between reverse curves on arterial and major
streets shall be 100 feet minimum; on minor streets, 50 feet minimum,
in length.
(8)
Streets shall be laid out so as to intersect as nearly
as possible at right angles, and no street shall intersect any other
street at less than 75º.
(9)
Street right-of-way widths shall not be less than
60 feet.
(10)
Cul-de-sac streets shall not be longer than 500 feet
and shall be provided at the closed end with a turnaround having an
outside roadway diameter of at least 80 feet and a street property
line diameter of at least 150 feet. A wye may be used, provided that
a turning area 60 feet wide and 60 feet deep shall be provided. Dead-end
streets shall not be permitted except as provided herein.
(11)
No street or highway names shall be used which will
duplicate or be confused with the names of existing streets or highways
in the village or town. Street names shall be subject to the approval
of the Board.
(12)
Street grades shall be not less than 0.5% nor more
than 10%.
B.
Alleys.
(1)
Alleys shall be provided in commercial and industrial
districts, except that the Board may waive this requirement where
other definite and assured provision is made for service access, such
as off-street loading, unloading and parking consistent with and adequate
for the uses proposed.
(2)
The minimum width of an alley shall be 20 feet.
C.
Easements.
(1)
Adequate easements centered on rear or side lot lines
shall be provided for utilities where necessary. An easement width
of 15 feet is required.
(2)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially to the
lines of such watercourse and such further width or construction,
or both, as will be adequate for the purpose.
D.
Blocks.
(1)
The lengths, widths and shapes of blocks shall be
determined with due regard to.
(a)
The type of development proposed.
(b)
Zoning requirements as to lot sizes and dimensions.
(c)
The need for convenient access, circulation,
control and safety of street traffic, with particular attention to
limitation of the number and location of points of ingress or egress.
(d)
Limitations and opportunities of topography.
(2)
Block lengths shall not exceed 1,200 feet nor be less
than 600 feet.
(3)
A pedestrian right-of-way, not less than 10 feet wide,
in addition to any street, shall be provided where deemed essential
by the Board to provide safe circulation or to schools, playgrounds,
parks, shopping centers, transportation and other community facilities.
E.
Lots.
(1)
The lot size, width, depth, shape and orientation
and the building setback lines shall be appropriate for the location
of the subdivision, topographical conditions and for the type of development
and use contemplated.
(2)
No lot shall have less area or width than the minimum
requirements of the zoning regulations applying to the district in
which it is located.
(3)
Corner lots for residential use shall have extra width
to permit appropriate building setback from and orientation to both
streets.
(4)
The subdividing of land shall be such as to provide
each lot with frontage on an improved street with satisfactory access
to an existing public street.
(5)
Every street shown on the plat that is hereafter filed
or recorded in the office of the County Clerk shall be deemed to be
a private street until such time as it has been formally offered for
cession to the public and formally accepted as a public street by
resolution of the Town Board; or alternatively until it has been condemned
by the municipality for use as a public street.
(6)
Double frontage lots should be avoided.
(7)
Side lot lines shall be substantially at a right angle
or radial to street lines.
(8)
Off-street parking space shall be required for all
uses. In the case of dwellings, at least 180 square feet of off-street
parking space per dwelling unit shall be provided in back of the building
setback line, plus access drive and maneuvering space.
F.
Grading. Street layout, block grading and lot grading
data shall be shown. The objective is to establish the street grades,
floor elevations and lot grades in proper relation to each other and
to existing topography, considering property protection, appeal, use
and drainage. The developer shall allow no holes, depressions or other
undrained areas to remain.
G.
Public sites and open spaces. Where a proposed park,
playground, school or other public use shown in the Master Plan, or
not anticipated in such Master Plan, is located in whole or in part
in a subdivision, such area shall either be dedicated to the proper
public agency; or it shall be reserved for acquisition by such agency
within a specified period by purchase or other means, and an agreement
shall be entered into between the subdivider and the public agency
regarding the time and method of acquisition and the cost thereof.
If the Planning Board determines that a suitable park or parks of
adequate size cannot be located in any such plat or is otherwise not
practical, the Board may require as a condition to approval of any
such plat such other or further conditions as may be authorized by
law.
A.
General. Prior to or not later than 90 days after
the granting of final approval, the subdivider shall have installed
or shall have furnished adequate bond for the installation within
a specified time of the required improvements listed and described
in this section. All of the required improvements shall be made in
full compliance with the specifications for each of the various units
of work, as required by the municipality, or the state and county
health authorities, according to the nature of the improvements.
B.
Monuments. The tract boundary lines and the lines
of all streets or roads shall be monumented with concrete, stone or
iron monuments with monument caps. Individual properties shall be
monumented with iron pins or pipe.
C.
Street improvements.
(1)
All streets, roads and thoroughfares shall be graded
to their full width, including side slopes, and improved in accordance
with the minimum requirements for the acceptance of new roads or streets
by the Town Board, as required by existing town ordinances for the
acceptance of new roads or streets.
(2)
Curbs and gutters.
(a)
Where curbs exist on abutting properties, their
extension by the developer will ordinarily be required throughout
the proposed subdivision.
(b)
Where curbs are not required, adequate gutters
shall be graded and protected by seeding or appropriate surfacing
by the developer.
(c)
Concrete curbs shall be wall type, six feet
by eight feet by 18 feet and shall comply with current construction
and material specifications of the New York State Department of Public
Works, Item No. 97.
(d)
Asphaltic concrete curbs shall be approved by
the Town Board.
(3)
Sidewalks. The Town Board may require such sidewalks
as it deems necessary to provide for the safety of pedestrians. Concrete
sidewalks at least four feet wide and six inches thick shall comply
with the current construction and material specifications of the New
York State Department of Public Works, Item No. 105.
D.
Water supply by developer. The developer shall connect
each lot at the property line with the public water supply, if available.
Neighborhood water supply systems, where provided, must conform to
standards and inspection by the New York State Department of Health.
E.
Sewage disposal system by developer. If, in the opinion
of the Board, a subdivision can be reasonably served by the extension
of a public sanitary sewer or by a neighborhood system, the developer
shall provide sanitary sewers and laterals for each lot for such service.
Where public or neighborhood sanitary sewers are not feasible, the
developer shall provide and install an individual system for each
lot in accordance with state and local requirements upon specific
approval by the Town Board.
F.
Utilities. Electrical service, gas mains and other
available utilities shall be provided by the developer within each
subdivision.
G.
Street trees and miscellaneous.
(1)
Street trees shall be planted by the developer, with
the location and type of trees to be approved by the Board.
(2)
Planting strips (the area between the gutter and the
property line) shall be seeded by the developer and maintained by
the owner.
(3)
Street name signs shall be provided by the municipality.
(4)
When so required by the Board, a planting screen easement
not less than 10 feet wide, across which there shall be no right of
access, shall be provided along the line of lots abutting any land
then zoned for industrial or business use or shown on the final plat
for such uses.
A.
Final plat.
(1)
The final plat shall be drawn at a scale of 100 feet
to one inch or larger (preferred scale of 40 feet to one inch).
(2)
The final plat shall show the following:
(a)
Topographic data on the tract, related to a
bench mark approved by the Town Highway Superintendent.
(b)
Tract boundary lines with bearings and distances,
tract area, right-of-way lines of streets, easements and other rights-of-way,
and property lines of residential lots and other sites; with accurate
dimensions, bearings or deflection angles, radii and central angles
of all curves.
(c)
The name and right-of-way width of each street
or other right-of-way.
(d)
Utilities on and adjacent to the tract; location,
size and invert elevation of sanitary and storm sewers; location and
size of water mains; and location of gaslines, fire hydrants and electric
and telephone poles.
(e)
The location, dimensions and purpose of any
easements.
(f)
The number to identify each lot and letter to
identify each block.
(g)
The purpose for which sites, other than residential
lots, are dedicated or reserved.
(h)
The minimum setback line on all lots and other
sites.
(i)
The location and description of monuments.
(j)
The names of owners of record of adjoining unplatted
land.
(k)
A reference to recorded subdivision plats of
adjoining platted land by record name, date and number.
(l)
Certification by the surveyor or engineer as
to accuracy of survey and plat.
(m)
Certification of the title showing that the
applicant is the landowner.
(n)
A statement by the owner as to dedicating streets,
rights-of-way and any sites for public uses.
(o)
Site data, including the number of residential
lots, typical lot size, linear feet of streets, acres in parks, etc.
(p)
The title, scale, North arrow and date.
(3)
Cross sections and profiles of streets showing approved
grades shall be provided.
B.
The following shall also be submitted to the Board:
(1)
Offers of cession for dedicating streets, easements,
rights-of-way and any sites for public uses; agreements covering the
improvements and maintenance of unceded public open spaces and the
conditions and limitations, if any, which offers and agreements, if
any, shall be subject to the prior approval of the Town Attorney.
(2)
Protective covenants in form for recording.
(3)
Written statement by the Town Attorney:
(a)
Certifying that the required improvements have
been completed or bond satisfactory in form and sufficiency to the
Town Board has been posted in lieu thereof in accordance with the
provisions of § 277 of the Town Law, and that the applicant
or subdivider is the landowner; and
(b)
Approving as to legal sufficiency all offers
of cession, agreements regarding improvements and maintenance of public
open spaces, if any.
(4)
Other data such other certificates, affidavits or
other agreements as may be required by the Board in the enforcement
of these regulations.
C.
Submission requirement for minor subdivision approval.
[Added 6-1-1988 by L.L. No. 4-1988]
(1)
Sketch plan. The sketch plan initially submitted to
the Administrative Review Panel shall be based on Tax Map information
or some other similarly accurate base map at a scale (preferably not
less than 200 feet to the inch) to enable the entire tract to be shown
on one sheet. The sketch plan shall be submitted, showing the following
information:
(a)
The location of that portion which is to be
subdivided in relation to the entire tract and the distance to the
nearest existing street intersection.
(b)
All existing structures, wooded areas, streams
and other significant physical features, with the portion to be subdivided
and within 100 feet thereof. If topographic conditions are significant,
contours shall also be indicated at intervals of not more than 10
feet.
(c)
The name of the owner and all adjoining property
owners as disclosed by the most recent municipal tax records.
(d)
The Tax Map sheet, block and lot numbers, if
available.
(e)
All utilities available and all streets which
are either proposed, mapped or built.
(f)
The proposed pattern of lots (including lot
width and depth), street layout, recreation areas, systems of drainage,
sewage and water supply within the subdivided area.
(g)
All existing restrictions on the use of land,
including easements, covenants or zoning lines.
(h)
A vicinity map at a scale of one inch equals
1,000 feet.
(2)
Minor subdivision plat. In the case of minor subdivision
only, the subdivision plat application shall include the following
information:
(a)
An application completed in detail, with required
attachments.
(b)
The original Mylar, in ink, and six copies of
a plat at a scale of one inch equals 30 feet prepared by a registered
land surveyor indicating the following:
[1]
An actual field survey of the boundary lines
of the tract, giving complete descriptive data by bearings and distances,
made and certified to by a licensed land surveyor. The corners of
tract shall also be located on the ground and marked by monuments
as approved by the Town Engineer and shall be referenced and shown
on the plat. Survey should identify and show the parent parcel and
new parcel or parcels to be created.
[2]
The proposed subdivision name and the name of
the town and county in which it is located.
[3]
The location of the property.
[4]
The name and address of the owner.
[5]
The name and address of the land surveyor preparing
the plat, as well as the date the survey was prepared.
[6]
Existing property lines, including rights-of-way
and names of adjoining streets.
[7]
The location and dimensions of existing buildings.
[8]
Existing drainage ditches and canals and their
respective servitudes.
[9]
The layout, dimensions and square footage of
lots.
[10]
The layout and dimensions of servitudes and
rights-of-way.
[11]
The North arrow, scale and date.
[12]
The parcel identification by Tax Map parcel
number.
[13]
A vicinity map at a scale of one inch equals
1,000 feet.
(c)
Health Department approval of sewage disposal
treatment system prior to submission of application. All on-site sanitation
and water supply facilities shall be designed to meet the minimum
specification of the State Department of Health, and a note to this
effect shall be stated on the plat and signed by a licensed engineer.
(d)
A copy of such covenants or deed restrictions
as are intended to cover all or part of the tract.
(e)
Abutting property owners.
(f)
The plat to be filed with the County Clerk,
which shall be printed upon linen or be clearly drawn in India ink
upon tracing cloth.
(g)
A check for $100, plus $25 per lot or $50 per
acre, made payable to the Town of New Hartford.
A.
Hardship. Where the Board finds that practical difficulty
or extraordinary hardship, because of exceptional narrowness, shallowness
or shape of the specific parcel, or because of unusual topographic
conditions of the specific parcel, may result from strict compliance
with these regulations, it may grant a variance from the regulations
in the specific case, so that substantial justice may be done and
the public interest secured, provided that such variation will not
have the effect of nullifying the intent and purpose of the Master
Plan or these regulations. In granting a variance, the Board may require
such conditions as will, in its judgment, secure substantially the
objectives of the Subdivision Regulations.
B.
Large-scale development. The standards and requirements
of these regulations may be modified by the Board in the case of a
plan and program for a complete new community, planned neighborhood
or cluster development, which, in the judgment of the Board, provides
adequate public spaces and improvements for the circulation, recreation,
light air and service needs of the tract when fully developed and
populated, and which also provides such covenants or other legal provisions
as will assure conformity with and achievement of the plan.
C.
Public hearing. A public hearing shall be held by
the Board within 30 days after the time of submission of such plat
for approval, which hearing shall be advertised in the official newspaper
at least five days before such hearing.
