Town of Clay, NY
Onondaga County
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[HISTORY: Adopted by the Town Board of the Town of Clay 4-19-1957. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 81.
Numbering of buildings — See Ch. 84.
Environmental quality review — See Ch. 97.
Flood damage prevention — See Ch. 112.
Mobile home courts — See Ch. 144.
Individual sewage disposal systems — See Ch. 182.
Zoning — See Ch. 230.
By authority of the resolution adopted by the Town Board on the 19th day of April 1957, pursuant to the provisions of Article 16 of the Town Law, the Planning Board of the Town of Clay is empowered and authorized to approve plats for land subdivision within the town outside the limits of any incorporated village.
For the purpose of these regulations, which shall be known and may be cited as "Town of Clay Subdivision Regulations," certain words used herein are defined as follows:
BOARD
The duly established Planning Board of the Town of Clay.
BOND
A performance bond duly issued by a bonding or surety company approved by the Town Board with security acceptable to the Town Board or a performance bond duly issued by the developer-obligor accompanied by security in the form of cash or U.S. government bearer bonds deposited with the Town Board in the full amount of the obligation.
COMPREHENSIVE PLAN
A plan prepared by the Planning Board pursuant to § 272-a of the Town Law which indicates the general locations recommended for the various public works, public buildings and structures as more fully set forth in said section for the general physical development of the unincorporated part of the Town of Clay, or a portion of it.
ENGINEER
The duly designated engineer of the Town of Clay, or if there be no such official, the planning consultant or engineer employed by or assigned to the Planning Board.
OFFICIAL MAP
The map established by the Town Board of the Town of Clay under § 270 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 Planning Board and the subsequent filing of such approved plats.
PLAT (ALSO REFERRED TO AS "FINAL PLAT")
A drawing prepared in a manner prescribed by these regulations, showing a proposed subdivision, containing in such additional detail as shall be provided by these regulations all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of a preliminary plat of such proposed subdivision if such preliminary plat has been so approved.
A. 
Conditional approval by the Planning Board of a final plat is the approval of a final plat subject to conditions set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the office of the County Clerk in accordance with provisions of these regulations.
B. 
Final approval of a plat in final form is the signing of a final plat by a duly authorized officer of the Planning Board after a resolution granting final approval to the plat, or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the office of the County Clerk of Onondaga County.
PRELIMINARY PLAT
A drawing prepared in a manner prescribed by these regulations, showing the layout of a proposed subdivision including but not restricted to road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as these regulations may require.
A. 
Approval by the Planning Board of a preliminary plat is the approval of the layout of proposed subdivision as set forth in a preliminary plat, but subject to approval of the plat in final form in accordance with the provisions of Subdivision 6 of § 276 of the Town Law and these regulations.
[Amended 8-20-2001 by L.L. No. 1-2001]
STREET
A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane, place or however otherwise designated.
A. 
Those used primarily for fast or heavy traffic.
B. 
Those which carry traffic from minor streets to the major system of arterial streets and highways. Collectors may also serve as secondary arteries to carry some through traffic.
C. 
Those which are used primarily for access to the abutting properties.
D. 
Minor streets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
SUBDIVISION
The division of any parcel of land into two or more lots, plots, sites or other divisions of land with or without streets or highways for immediate or future sale or for building development.
[Amended 8-20-2001 by L.L. No. 1-2001]
A. 
Application.
(1) 
Whenever any subdivision of land as hereinbefore defined is proposed to be made and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made, the subdividing owner thereof or his agent shall apply in writing to the Planning Board for approval of such subdivision. He shall first file with the Planning Board a preliminary plat and subsequently a final plat as hereinafter specified. (Note: Previous to the filing of a preliminary plat, the owner may submit general site information, a location map and a sketch plan with a request for informal consideration and advice. This step does not require formal application, fee or the filing of a plat.)
(2) 
Fees and expenses.
(a) 
Filing fees in an amount as established by the Town Board in Chapter 105, Fees, shall be paid at the time of application.
[Amended 8-20-2001 by L.L. No. 1-2001]
(b) 
All publication instructions directed to the newspaper publishing the legal notice of hearing shall contain the instruction that the newspaper shall bill the owner direct.
(c) 
The owner shall pay all publication costs of legal notices and shall deliver to the Town Clerk a receipt showing payment in full of publication costs before the public hearing shall be called and opened.
(d) 
In all instances where further publication is required, the owner shall pay to the Town Clerk prior to such further publication the same sum shown on said receipt, said sum to be used to cover costs of such further publication.
B. 
Procedure for conditional approval of preliminary plat.
(1) 
On reaching conclusions regarding his general program and objectives, the owner shall submit a preliminary plat, together with other supplementary material as specified in § 200-6. Three copies of the preliminary plat and required supplementary material shall be submitted to the Planning Board, with written application for conditional approval. This preliminary plat shall then be cleared with public agencies and officials concerning features of the proposed subdivision which are within their jurisdiction. Such a preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in these regulations.
[Amended 8-20-2001 by L.L. No. 1-2001]
(2) 
The Planning Board shall follow the procedures of Town Law § 276, Subdivisions 5, 8 and 10, to approve, approve with conditions or disapprove the preliminary plat.
[Amended 8-20-2001 by L.L. No. 1-2001]
(3) 
The action of the Planning Board shall be noted on two copies of the preliminary plat, to which shall be attached referenced statements of any conditions and requirements determined by the Planning Board in accordance with these regulations. One copy shall be returned to the owner and the other retained by the Planning Board. Conditional approval of a preliminary plat shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval to the layout submitted in preliminary form as a guide to the preparation of the final plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval.
C. 
Procedure for approval of final plat.
(1) 
The final plat shall conform substantially to the preliminary plat as approved. If desired by the owner, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time, provided that such portion conforms to all requirements of these regulations.
(2) 
Application for approval of the final plat shall be submitted in writing to the Planning Board at least 10 days prior to the meeting at which it is to be considered, and shall include three copies of the final plat and other exhibits required for approval as specified in § 200-6. Such application shall be submitted within six months after approval of the preliminary plat; otherwise such preliminary approval shall become null and void unless an extension of time is applied for and granted by the Planning Board.
(3) 
The Planning Board shall follow the procedures of Town Law § 276, Subdivisions 6 through 10, to approve, approve with conditions or disapprove the final plat.
[Amended 8-20-2001 by L.L. No. 1-2001]
(4) 
The signature of the duly authorized officer of the Planning Board constituting final approval by the Planning Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval by such Board of the development of a plat or plats already filed in the office of the County Clerk in which such plat or plats are located if such plats are entirely or partially undeveloped, or the certificate of the town as to the date of the submission of the final plat and the failure of the Planning Board to take action thereon within the time prescribed, shall expire within 62 days from the date of such approval, or from the date such certificate is issued unless within such sixty-two-day period such plat or a section thereof shall have been duly filed or recorded by the owner in the office of the County Clerk. In the event the owner shall file only a section of such approved plat in the office of the County Clerk, the entire approved plat shall be filed within 30 days of the filing of such section with the Town Clerk. Such section shall encompass at least l0% of the total number of lots contained in the approved plat and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Subdivision 2 of § 265-a of the Town Law.
[Amended 8-20-2001 by L.L. No. 1-2001]
A. 
Streets.
(1) 
The arrangement, character, extent, width, grade, and location of all streets shall conform to the Comprehensive Plan and to the Official Map, if any, and shall be considered in their relation to other existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of land to be served and/or abutted by such streets.
(2) 
Where such is not shown in the Comprehensive Plan, the arrangement of streets in a subdivision shall either:
(a) 
Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or
(b) 
Conform to a plan for the neighborhood approved or adopted by the Planning Board to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.
(3) 
Local streets shall be so laid out that their use by through traffic will be discouraged.
(4) 
Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Board may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(5) 
Where a subdivision borders on or contains a railroad right-of-way or controlled access highway right-of-way, the Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
(6) 
Reserve strips controlling access to streets, water plants, or sewage treatment plants, or to other land dedicated or to be dedicated to public use, shall be prohibited except where their control is definitely placed in the town under conditions approved by the Planning Board.
(7) 
Street jogs with center-line offsets of less than 125 feet shall be avoided.
(8) 
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
(9) 
When connecting street lines deflect from each other at any one point by more than 10°, they shall be connected by a curve with a radius at the inner street line of not less than 350 feet for local and collector streets, and of such greater radii as the Planning Board shall determine for special cases.
(10) 
Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at an angle of less than 75°. Any change in street alignment to meet this requirement shall occur at least 100 feet from the intersection.
(11) 
Property lines at street intersections shall be rounded with a radius of 10 feet, or with a greater radius where the Planning Board may deem it necessary. The Planning Board may permit comparable cutoffs or chords in place of rounded corners.
(12) 
Street right-of-way widths shall be as shown in the Official Map, and where not shown thereon shall be not less than as follows:
Street Type
Right-of-Way Width
(feet)
Arterial
100 to 120
Collector or secondary artery
80
Local
60
(13) 
Existing streets within the subdivided property shall be widened as shown on the Official Map, if any, to achieve the width appropriate to the type of the street.
(14) 
Half streets shall be prohibited.
(15) 
Dead-end streets, designed to be so permanently, shall not be generally approved. They shall be not longer than 400 feet in general and not longer than 500 feet in any case, and shall be provided at the closed end with a turnaround having a street property line diameter of at least 130 feet.
(16) 
Street names and house numbers. Proposed street names shall be cleared with the County Highway Department to avoid duplications or use of similarly sounding or spelled names. Street names shall be also cleared with the town officials designated by the Town Board. House numbers should be shown following standard practice of house numbering. A copy of the final map shall be filed with the local post office and with the fire-fighting organization servicing the area.
(17) 
Street grades, wherever feasible, shall not exceed the following, with due allowance for reasonable vertical curves and with not less than 200 feet between changes of grade:
Street Type
Maximum Percentage Grade
Arterial
4%
Collector
6%
Local
8%
Marginal access
8%
(18) 
In order to facilitate drainage, no street grade shall be less than 0.5%. This requirement may be reduced to 0.3% if there are street curbs or if pavement wearing surface is smooth finished.
(19) 
Limitation of access to the streets.
(a) 
Local streets: no limitation.
(b) 
Collectors: no limitation.
(c) 
Arterials: restricted as far as practicable.
B. 
Easements.
(1) 
Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least 12 feet wide.
(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 at least 20 feet wide conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith.
C. 
Blocks.
(1) 
The lengths, widths and shapes of blocks shall be determined with due regard to:
(a) 
Provision of adequate building sites suitable to the special needs of the type of use contemplated.
(b) 
Zoning requirements as to lot sizes and dimensions.
(c) 
Needs for convenient access, circulation, control and safety of street traffic.
(d) 
Limitations and opportunities of topography.
(2) 
Block lengths generally shall not exceed 1,600 feet, nor be less than 400 feet.
(3) 
Intersections with arterial streets should be held to a minimum and preferably spaced at least 1,000 feet apart.
(4) 
Pedestrian crosswalks, not less than 10 feet wide, shall be required where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation and other community facilities.
D. 
Lots.
(1) 
The lot size, width, depth, shape and orientation, and the minimum building setback lines, shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
(2) 
Land subject to flooding shall not be platted for residential occupancy nor for such other uses as may increase danger to life or property or aggravate the flood hazard.
(3) 
Residential lot dimensions shall conform to the requirements of Chapter 230, Zoning, and to the following standards:
(a) 
Residential lots where not served by public sewer shall be such as to meet the requirements of Chapter 182, Sewage Disposal Systems, Individual, of this Municipal Code.
(b) 
Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.
(4) 
Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.
(5) 
The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.
(6) 
Double frontage and reverse frontage lots should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement at least 10 feet wide, across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.
(7) 
Side lot lines shall be substantially at right angles or radial to street lines.
(8) 
In case a tract is subdivided into larger parcels than normal building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further resubdivision.
E. 
Public sites and open places.
(1) 
Due consideration shall be given to the character, location and reservation of parks, playgrounds, schools, water plants, sewage treatment plants and lands for other community purposes. Areas bordering streams, lakes or other watercourses shall be given special consideration for such uses. The owner should indicate such land upon the plans as "Reserved for Parks and Playground Purposes."
(2) 
Where such sites or open spaces are shown upon the Comprehensive Plan, the Planning Board may require the reservation or dedication of such areas within the subdivision.
(3) 
Where such sites and open spaces are not shown on the Comprehensive plan and where deemed essential by the Planning Board upon consideration of the particular type of development proposed in the subdivision and especially in large scale neighborhood unit developments, the Planning Board may require the dedication or reservation of such areas.
F. 
Street trees. Trees should be planted five to 10 feet from any existing sidewalk, or if there is no sidewalk, five to 10 feet from the street line in the direction of the house, the distance to depend upon the height of the grown trees.
A. 
Monuments and lot corner markers. Monuments shall be placed at all block corners, angle points, and points of curves in streets, and at intermediate points as required by the Engineer. The monuments shall be of such material, size and length as may be approved by the Engineer.
B. 
Utility and street improvements.
(1) 
Utility and street improvements shall be provided in each new subdivision in accordance with the standards and requirements described in the following schedules:
(a) 
Streets shall be constructed by and wholly at the expense of the developer. The developer shall furnish a performance bond in accordance with § 277 of the Town Law sufficient to cover the full costs of construction of all streets.
(b) 
Water and sanitary sewer systems shall be constructed by improvement districts under public contracts pursuant to § 197-a of the Town Law. Drainage systems shall likewise be constructed by improvement districts under public contracts if such drainage systems are to be connected to or served by other municipally maintained drainage systems.
[Amended 8-20-2001 by L.L. No. 1-2001]
(c) 
All other utilities and improvements may be constructed by and at the expense of the developer, provided that such improvements will be conveyed for a price not exceeding $1 to an improvement district created for the purpose of providing maintenance for such utility, or may, in the alternative, be constructed by improvement districts under public contracts pursuant to § 197-a of the Town Law.
[Amended 8-20-2001 by L.L. No. 1-2001]
(d) 
The developer shall furnish a separate performance bond in accordance with § 277 of the Town Law for the construction of all utilities and improvements to be constructed by and at the expense of the developer.
(e) 
Such performance bonds herein mentioned shall be in addition to any performance bonds which the Town Board of the Town of Clay may require the developer to furnish as a condition precedent to the establishment or extension of any improvement district guaranteeing the construction before a specified date of buildings having a specified amount of assessed valuation adequate to support improvement district taxes for the construction of such water, sewer and drainage district improvement.
(2) 
The standards and specifications for each general type of development shall be as follows:
(a) 
For multiple dwellings and other residential types other than one-family detached dwellings, improvements shall be in accord with Standard A.
(b) 
For one-family detached dwellings in the areas where sanitary sewers are available or accessible, improvements shall be in accord with Standard B.
(c) 
For one-family dwellings with lot sufficiently large to meet the requirements of Chapter 182, Sewage Disposal Systems, Individual, of this Municipal Code, and located in the areas where sewers are not available or accessible, improvements shall be in accord with Standard C.
(d) 
For commercial, industrial and other types, improvements shall be as determined by the Board with the advice of the Engineer.
C. 
Schedules of required street improvements and utilities.
Standard
A
B
C
Improvements and Utilities
Streets
X
X
X
Typical cross-section in accordance with the Comprehensive Plan, or as determined by the appropriate engineering officials, and as approved by the Planning Board and by the Town Board
X
X
X
Grading and centerline gradients, pavement base and wearing surface, curbing and gutter as per specifications prepared by the Engineer and approved by the Town Highway Superintendent and by the Town Board and as per plans and profiles approved by the Engineer
X
X
X
Storm sewer system and other drainage improvements including driveway culverts per plans approved by the Town Highway Superintendent and by the Engineer
X
X
X
Sidewalks along arterials and collector streets at such locations as the Planning Board may deem it necessary, as per plans and specifications to be approved by the Engineer
X
X
 — 
Water mains as per plans approved by the Engineer and by the Town Board
X
X
 — 
Sanitary sewers as per plans approved by the Engineer and by the Town Board
X
X
X
Street signs at all intersections at the locations and of the design approved by the Town Board and Town Highway Superintendent
X
 — 
 — 
Street lighting standards as per plans and design approved by the Town Board
X
 — 
 — 
Fire alarm signal devices where a fire alarm system is available to connect with as per plans approved by the Engineer
A. 
Preliminary layout (conditional approval).
(1) 
Existing conditions data shall include the following except when otherwise specified by the Planning Board:
(a) 
Key plan showing location (including name of town or towns) and boundaries of tract.
(b) 
Property lines and easements: Property lines; location, width and purpose of easements; existing platting (if this is a resubdividing project).
(c) 
Streets on and adjacent to the tract (including all streets shown in the Official Map); name and right-of-way width and location; type, width and elevation of surfacing; and legally established center-line elevations; walks, curbs, gutters, bridges, culverts, etc.
(d) 
Utilities on and adjacent to the tract: location, size invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles, and street lights. If water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of nearest facility, showing invert elevation of sewers. Where drainage is to be to a natural watercourse, lake, swamp, sink, or roadside or drainage ditch, the elevation of water in such watercourse or ditch at recognized flood stage shall be shown. The Engineer shall assist in determining such recognized flood stage.
(e) 
Ground elevations on the tract, based on a datum plane approved by the Engineer. For land that slopes less than approximately 2% show spot elevations at all breaks in grade, along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions; for land that slopes more than approximately 2% either show contours with an interval of not more than five feet if ground slope is regular and such information is sufficient for planning purposes, or show contours with an interval of not more than two feet if necessary because of irregular land or need for more detailed data for preparing plans and construction drawings.
(f) 
Subsurface conditions on the tract, if required by the Planning Board; location and results of tests made to ascertain subsurface soil; rock and ground water conditions; depth to ground water unless test pits are dry at a depth of five feet; location and results of solid percolation tests if individual sewage disposal systems are contemplated.
(g) 
Other conditions on the tract; watercourse, marshes, rock outcrops, wooded areas, houses, other buildings and other significant features.
(h) 
Other conditions on adjacent land; approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platted land refer to subdivision plat by name, recordation date and number.
(i) 
Photographs, if required by the Planning Board; camera locations, directions of view and key numbers.
(j) 
Zoning on and adjacent to the tract.
(k) 
Proposed public improvements; highways or other major improvements planned by public authorities for future construction on or near the tract.
(l) 
Land title and survey; deed description according to official records; names and addresses of record owners; map or survey of tract boundary (including all pertinent bearings and distances) made and certified by a registered land surveyor, tied into established town reference points and where possible related to the state system of plane coordination established by Chapter 545 of the Laws of 1938; notations stating acreage, scale, north point, datum, bench marks and date of survey.
(2) 
Preliminary plat shall be at a scale of not more than 200 feet to the inch (preferred scale: one inch equals 100 feet). It shall show or be accompanied by existing conditions data required above in Subsection A(1) and shall show all proposals including the following:
(a) 
Streets: names; right-of-way and roadway widths; approximate grades and gradients; similar data for alleys, if any.
(b) 
Other rights-of-ways or easements: location, width and purpose.
(c) 
Location of utilities, if not shown on other exhibits.
(d) 
Lot lines, lot numbers and block numbers.
(e) 
Sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses.
(f) 
Sites, if any, for multifamily dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings.
(g) 
Minimum building setback lines.
(h) 
Site data, including number of residential lots, typical lot size, and acres in parks, etc.
(i) 
Subdivision name or title (under which to be eventually recorded): also scale, North point, date and name and address of owner and designer.
(3) 
Other preliminary plats. The preliminary plat shall include profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed grading, roadway and sidewalk; preliminary designs of any bridges and culverts which may be required; preliminary plat of proposed water supply; preliminary plat of proposed sanitary sewers (with grades and sizes indicated) connecting with existing sanitary sewerage systems, or alternative means of treatment and disposal; preliminary plat for collecting and discharging storm drainage; and proposals for street lighting and street trees. All elevations shall be based on a datum plane approved by the Engineer.
(4) 
Draft of protective covenants whereby the owner proposes to regulate land use in the subdivision and otherwise protect the proposed development.
(5) 
Stormwater pollution prevention plan: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of § 230-20D shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 230-20D. The approved preliminary subdivision plat shall be consistent with these provisions.
[Added 1-23-2008 by Ord. No. 2008-02]
B. 
Final plat approval.
(1) 
Final plat shall be clearly and legibly printed upon linen or canvass backed paper or drawn with a pen and India ink upon tracing cloth and must be either 20 inches by 20 inches or 20 inches by 40 inches. The scale shall be 100 feet to the inch or larger. Where necessary, the final plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Planning Board. The final plat shall show the following:
(a) 
Primary control points, approved by the Engineer, or descriptions and "ties" to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred.
(b) 
Tract boundary lines, 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, and radii, arcs, and central angles of all curves.
(c) 
Name and right-of-way width of each street or other right-of-way.
(d) 
Location, dimensions and purpose of any easements.
(e) 
Number to identify each lot or site in numerical order within blocks; letter to identify each block.
(f) 
Purpose for which sites, other than residential lots, are dedicated or reserved.
(g) 
Minimum building setback line on all lots and other sites.
(h) 
Location and description of monuments.
(i) 
Names of record owners of adjoining unplatted land.
(j) 
Reference to recorded final plats of adjoining platted land by record name, date and number.
(k) 
Certification by registered land surveyor (including name, address, New York State license number and seal) certifying to accuracy of survey and plat.
(l) 
Certification of title showing that applicant is the land owner.
(m) 
Water supply and sewage disposal arrangements, with details and certification of approval by the appropriate public agency. Where any water or sewer line, water plant or sewage treatment plant is to be installed by developer outside existing districts, the organization or enlargement of a water district and/or a sewer district may be required.
(n) 
Offers of cession by owner dedicating streets, right-of-way and any sites for public uses; and agreements covering the improvement and maintenance of unceded public spaces and the conditions and time limits, if any, applying to site reservations.
(o) 
Title, scale, North point and date.
(2) 
Cross sections and profiles of streets, drains and sewers showing grades approved by the Engineer. The profiles shall be drawn to standard scales and elevations and shall be based on a datum plane approved by the Engineer.
(3) 
Certificate by the Engineer certifying that the owner has complied with one of the following alternatives:
(a) 
All improvements have been installed in accord with the requirements of these regulations and with the action of the Planning Board giving conditional approval of the preliminary plat; or
(b) 
A bond or certified check has been posted, which is available to the town and is of sufficient amount to assure such completion of all required improvements.
(4) 
Certificates by the Town Attorney approving as to legal sufficiency all offers of cession, all covenants governing the maintenance of unceded public space, and any action taken to establish or extend water and/or sewer district; also approving the sufficiency of any bond offered in lieu of the completion of required subdivision improvements.
(5) 
Protective covenants in form for recording, including covenants governing the maintenance of unceded public spaces or reservations.
(6) 
Other data: such other certificates, affidavits, endorsements or other agreements as may be required by the Planning Board in the enforcement of these regulations.
(7) 
Stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of § 230-20D and with the terms of the preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 230-20D. The approved final subdivision plat shall be consistent with these provisions.
[Added 1-23-2008 by Ord. No. 2008-02]
A. 
Hardship. Where the Planning Board finds that because of unusual circumstances of shape, topography or other physical features of the subdivision tract or because of the nature of adjacent developments, extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that no such variation shall be granted which will have the effect of nullifying the intent and purpose of the Official Map, Chapter 230, Zoning, these regulations, or any other pertinent rules, regulations, ordinances or local laws of the Town of Clay.
B. 
Large-scale development. The standards and requirements of these regulations may be modified by the Planning Board in the case of a plan and program for a complete community, which in the judgment of the Planning 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 provide such covenants or other legal provisions as will assure conformity to and achievement of the plan.
C. 
Conditions. In granting variances and modifications, the Planning Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
All provisions of Article 16 of the Town Law shall be fully complied with in addition to the provisions of these regulations.