[HISTORY: Adopted by the Town Board of the
Town of Clay 4-19-1957. Amendments noted where applicable.]
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:
The duly established Planning Board of the Town of Clay.
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.
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.
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.
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.
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.
CONDITIONAL APPROVAL OF A FINAL PLATConditional 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.
FINAL PLAT APPROVALFinal 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.
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.
PRELIMINARY PLAT APPROVAL or PRELIMINARY PLAN APPROVALApproval 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]
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, thruway, road, avenue, boulevard,
lane, place or however otherwise designated.
ARTERIAL STREETS AND HIGHWAYSThose used primarily for fast or heavy traffic.
COLLECTOR STREETSThose 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.
LOCAL STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSMinor streets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
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.
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:
(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.
