HomeMy WebLinkAbout1986 Land Subdivision RegulationsTown
of
Ulysses
Land Subdivis-ion
Regulations
TOWN OF ULYSSES LAND USE AND DEVELOPMENT CODE
LAND SUBDIVISION REGULATIONS
APPROVED by TOWN BOARD 11/18/86
ARTICLE I:
SECTION PAGE
112 Land Subdivision Definitions 1
113 Access Definitions 2
ARTICLE II: REVIEW PROCEDURES AND DESIGN STANDARDS
SECTION
201
Declaration of Policy
3
202
Applicability and Legal Effect
3
203
Types of Subdivisions and Procedures
4
204
Coordination with County Health Department
5
205
Planning Board Use of Consultants and Services
of County and Regional Planning Staff
5
206
Plat Review of Undeveloped Subdivisions
5
207-209
RESERVED
210
Initiation of Subdivision Review: Submission
of Sketch Plat
5
211
Classification as to Type of Subdivision
Review Procedure
6
212
Sketch Plat: Information to be Included
6
213-219
RESERVED
220
Rural Subdivision Review Procedure
7
221
Application Requirements for Rural Subdivision
Plat Review
7
222
Subdivider to Attend Planning Board Mtg./Rural
7
223
Planning Board Action on Rural Subdivision
7
224-229
RESERVED
230
Minor Subdivision Review Procedure
8
231
Minor Subdivision: Application and Fee
8
232
Application Requirements for Minor
Subdivision Plat Review
8
233
Subdivider to Attend Planning Board Mtg./Minor
9
234
Public Hearing of Subdivision Plat/Minor
9
235
Action on Subdivision Plat/Minor
9
236-239
RESERVED
240
Major Subdivision Review Procedure
10
241
Major Subdivision Preliminary Plat:
Application and Fee
10
242
Major Subdivision Preliminary Plat
and Accompanying Data
11
243
Subdivider to Attend Planning Board Mtg./Major
12
244
Study of Preliminary Plat
13
245
Public Hearing and Review of Preliminary Plat
13
246
Planning Board Approval of Preliminary Plat
13
247-249 RESERVED
250
Major Subdivision Final Plat Application
14
251
Major Subdivision Final Plat
and Accompanying Data
14
252
Endorsement of State and County Agencies
16
253
Public Hearing and Review of Final Plat
16
254
Planning Board Action on Proposed Final
Subdivision Plat
16
255
Required Improvements
17
256
Modification of Design of Improvements
18
257
Inspection of Improvements
18
258
Proper Installation of Improvements
19
259
Final Approval of Subdivision P1'at
19
260
Public Streets and Recreation Areas
19
261-269
RESERVED
270
Cluster Subdivisions
20
217-279
RESERVED
280
General Requirements and Design Standards
21
281
General Considerations
21
282
Street Layout
22
283
Street Design
24
284
Street Names
26
285
Lots
26
286
Drainage Improvements
27
287
Parks, Open Spaces, and Natural Features
28
288-289
RESERVED
290
Waivers: Certain Required Improvements
29
291
Separability
30
ARTICLE I:
SECTION 112: LAND SUBDIVISION
DEFINITIONS
112.1 Subdivision: division
of a lot or lots into two or
more lots, realignment of
boundary lines between lots so
as to transfer land from one
lot to another, or separation
of noncontiguous lots (e.g.,
lots transacted by public or
quasipublic rights -of -way)
into separate lots of record
without new boundary
alignment. No distinction is
made between subdivision and
re -subdivision within a three
(3) year time zone.
112.2 Rural Subdivision:
subdivision of land resulting
in 5 lots each of which is 3
acres or more, and which: (1)
does not include new streets,
utility extensions,
clustering, public open space
or facilities; (2) does not
conflict with the zoning
regulations, official map, or
any other Town development
policy; and (3) does not
adversely affect use or
development of adjoining land.
112.3 Minor Subdivision:
subdivision of land resulting
in 5 lots one or more of which
is less than 3 acres and
which: (1) does not include
new streets, utility
extensions, clustering, public
open space or facilities; (2)
does not conflict with the
zoning regulations, official
map, or any other Town
development policy; and (3)
does not adversely affect use
or development of adjoining
land.
112.4 Ma-ior Subdivision:
subdivision of land resulting
in 5 or more lots, or
otherwise not qualifying as a
Rural or Minor Subdivision. A
Major Subdivision may involve
new public right-of-way,
utility extensions, or other
new public facilities. Any
cluster subdivision or other
subdivision which deviates
from the zoning regulations,
official map, or other Town
development policy will
generally be considered a
Major Subdivision. [See
Section 240.] .
112.5 Sketch Plat: a sketch
of a proposed subdivision
showing the form, layout,
roads, public facilities, and
other information specified in
Section 212, the first -stage
submission to the Planning
Board, sufficient for the
proposal to be classified as
to type of review required and
for the Board to make general
recommendations as to any
adjustments needed to satisfy
the objectives of these
regulations.
112.6 Preliminary Plat: a
drawing, clearly marked
"preliminary plat," showing
the salient features of a
proposed subdivision including
information specified in
Section 232; the second -stage
submission to the Planning for
purposes of its detailed
consideration and public
hearing.
112.7 Final Plat or
Subdivision Plat: a drawing
in final form, showing a
proposed subdivision
1
containing all information and
detail required by law and by
these regulations as specified
in Section 251; the final -
stage submission to the
Planning Board for review,
public hearing, and approval,
and which, if approved, may be
duly filed or recorded by the
applicant in the office of the
County Clerk.
112.8 Lot: a continuous,
unbroken area of land in
single ownership of record
described by the boundary
lines on the Assessor's Tax
Maps, but not crossing any
streets, highways, easements,
or rights -of -way.
SECTION 113: ACCESS
DEFINITIONS
113.01 Street: a term used
interchangeably with road,
avenue, lane, and highway,
among others; a public right-
of-way improved or intended to
be improved for traffic.
113.02 Major Street: a
street with the capacity to
serve heavy flows of traffic
and which is intended
primarily as a route for
traffic between heavy traffic
generating areas.
113.03 Collector Street: a
street which serves or is
designed to serve as a
trafficway for a neighborhood
or as a feeder to a major
street.
113.04 Minor Street: a
street intended to serve
primarily as an access to
abutting properties.
113.05 Dead -End Street or
Cul-de-sac: a street or a
portion of a street with only
one vehicular traffic outlet.
113.06 Street Pavement: the
wearing or exposed surface of
the roadway used by vehicular
traffic.
113.07 Street Width: the
width of right-of-way,
measured at right angles to
the centerline of the street.
113.08 Town Right-of-way
(unimproved): a strip of land
owned or controlled by the
Town government for the
purpose of providing access to
abutting lots or for providing
a bed for a future improved
roadway. All Town rights -of -
way are shown on the Town of
Ulysses Official Map. Unless
otherwise indicated all Town
rights -of -way are 3 rods (49.5
feet) wide.
113.09 Town Highway (seasonal
maintenance): a strip of land
controlled or owned by the
Town government for the
purpose of providing access to
abutting lots and providing a
bed for an improved roadway
which is maintained for
traffic only during the part
of the year designated by the
Town Board. All Town Highways
(seasonal maintenance) are
shown on the Town of Ulysses
Official Map; unless otherwise
indicated they are 3 rods
(49.5) wide.
NOTE; Town Engineer
designated by the Town Board.
E
ARTICLE II: LAND SUBDIVISIONS
REGULATIONS; REVIEW PROCEDURES
AND DESIGN STANDARDS
SECTION 201: DECLARATION OF
POLICY
By the authority of the
resolution of the Town Board
of the Town of Ulysses,
adopted on January 9, 1973,
pursuant to the provisions of
Article 16 of the Town Law of
the State of New York, the
Planning Board of the Town of
Ulysses is authorized and
empowered:
1.to approve plats showing
lots, blocks, or sites, with
or without streets or
highways,
2.to approve the development
of entirely or partially
undeveloped plats already
filed in the office of the
clerk of the county; and
3.to conditionally approve
preliminary plats, within that
part of the Town of Ulysses
outside the limits of any
incorporated city or village.
It is declared to be the
policy of the Planning Board
to consider land Subdivision
Plats as part of a plan for
the orderly, efficient, and
economical development of the
Town. This means, among other
things, that land to be
subdivided shall be of such
character that it can be used
safely for building purposes
without danger to health, or
peril from fire, flood, or
other menace; that proper
provision shall be made for
drainage, water supply,
sewerage, and other needed
improvements; that all
proposed lots shall be so laid
out and of such size as to be
in harmony with the
development pattern of the
neighboring properties; that
the proposed streets shall
compose a convenient system
conforming to the Official
Map, if such exists, and shall
be properly related to the
proposals shown on the Master
Plan, if such exists, and
shall be of such width, grade,
and location as to accommodate
the prospective traffic, to
facilitate fire protection,
and to provide access of fire-
fighting equipment to
buildings; and that proper
provision shall be made for
open spaces for parks and
playgrounds. In order that
land subdivisions may be made
in accordance with this
policy, these regulations,
which shall be known as, and
which may be cited as the
"Town of Ulysses Land
Subdivision Regulations," have
been adopted by the Planning
Board on September 10, 1986,
and approved by the Town Board
on November 18, 1986.
SECTION 202: APPLICABILITY
AND LEGAL EFFECT
202.1 Applicability
These regulations apply to:
1.all division of a lot into 5
more lots, within a three (3)
year period, whether new
streets, public facilities, or
utility extensions are
involved or not;
2.any other land transaction
which requires filing of a
plat with the County Clerk.
3
Note: Consolidation of lots
for tax purposes as initiated
by land owners and approved by
the County Assessor, but
without review or approval by
the Town Planning Board, does
not constitute subdivision
action and lots so
consolidated remain separate
lots under this Article.
202.2 Lega.l___E__ff_e_ct_Land Use
Requ1ations
Whenever any subdivision of
land is proposed to be made,
and:
Subdivision Plat after
approval has been given by the
Planning Board and endorsed in
writing on the Plat, unless
the Plat is first resubmitted
to the Planning Board and the
Board approves any
modifications. In the event
that any such Subdivision Plat
is recorded without complying
with this requirement, it
shall be considered null and
void, and the Board shall
institute proceedings to have
the Plat stricken from the
records of the County Clerk.
SECTION 203: TYPES OF
l.before any site SUBDIVISIONS AND PROCEDURES
modifications are made and
2.before any permit for the
erection of a structure in
such proposed subdivision is
granted,
the subdivider or a duly
authorized agent must apply
for in writing and receive
approval of the proposed
subdivision in accordance with
these regulations.
202.3 L_eQal__Ef_fect: Filing.
of Plats with County Clerk
Before any plat of land in the
Town of Ulysses is filed with
the County Clerk the plat must
be approved by the Town
Planning Board in accordance
with the procedures of this
Article. This is a
requirement of New York Town
Law, Section 278.
202.4 Plat Void if Revised
After Approval
No changes, erasures,
modifications, or revisions
shall be made in any
These regulations recognize
three types of subdivision
(see Section 112) which are
subject to three different
review and approval procedures
by the Planning Board at
public meetings.
203.1 Manor Subdivisions:
including new streets, utility
extensions, clustering,
deviation from established
Town policy, and/or resulting
in 5 or more lots.- Review
includes three required
submissions by subdivider and
at least one public hearing by
the Planning Board. [Example:
Zoning]
203.2 Minor Subdivision:
resulting in 5 or more lots of
less than 3 acres and no new
public facilities. Review
includes two required
submissions by subdivider and
may include a public hearing
if considered desirable by the
Planning Board.
203.3 Rural Land Division:
resulting in 5 or more lots of
4
3 acres or more and no new
public facilities. Review
includes one required
submission and may be
concluded at a single meeting.
SECTION 204: COORDINATION
WITH COUNTY HEALTH DEPARTMENT
The provisions of the Tompkins
County Sanitary Code do not
replace, nor are they
replaced, by the provisions of
these Land Subdivision
Regulations.
When the sketch plat is first
reviewed by the Planning Board
and classified as to
subdivision type the Board may
indicate to the subdivider the
applicability of the Sanitary
Code, however, the
determination of applicability
of the Code is made by
officers of the County Health
Department.
SECTION 205: PLANNING BOARD
USE OF CONSULTANTS AND
SERVICES OF COUNTY AND
REGIONAL PLANNING STAFF
The Planning Board may choose
at any point in the
subdivision review process to
retain consultants or refer to
the county or regional
planning staffs for review,
comment, and advice on any
aspect of the approval
process, subdivision design,
engineering specifications, or
other pertinent matters.
SECTION 206: PLAT REVIEW OF
UNDEVELOPED SUBDIVISIONS
The planning Board may, on
direction of the Town Board,
review, for purposes of
revision, those plats already
on file with the County Clerk
if 20 percent or more of the
plat is undeveloped for
reasons other than terrain,
drainage, soil conditions, or
the like. Legislative
authority for such review is
found in New York Town Law,
Section 276.
SECTION 207-209: RESERVED
SECTION 210: INITIATION OF
SUBDIVISION REVIEW;
SUBMISSION OF A
SKETCH PLAT
210.1 To initiate review and
approval of any subdivision or
re -subdivision an
owner/subdivider of land must
submit to the Secretary of the
Planning Board at least ten
days prior to the regular
meeting of the Board:
1.a written request to approve
the proposed subdivision,
including any information the
owner considers pertinent, and
2.copies as required of a
sketch plat of the proposed
subdivision (a sketch plat
must comply with the
requirements of Section 212),
for the purposes of
preliminary discussion and
classification as to type of
subdivision review procedure
to be followed.
210.2 The owner/subdivider,
or an authorized
representative, must attend
the meeting of the Planning
Board at which the sketch plat
is presented to discuss the
requirements of these
regulations for street
improvements, drainage,
5
sewerage, water supply, fire
protection, and similar
aspects, as well as the
availability of existing
services and other pertinent
information.
210.3 The Planning Board
shall determine whether the
sketch plat meets the
requirements of Section 212
and may, if the sketch plat is
insufficiently complete,
reject the application with
reasons given in writing. It
may also make specific
recommendations in writing to
be incorporated by the
applicant in any subsequent
submission to the Planning
Board.
SECTION 211: CLASSIFICATION
AS TO TYPE OF SUBDIVISION
REVIEW PROCEDURE
Based on an acceptable sketch
plat, the subdivision is to be
classified at this time by the
Planning Board as to whether
it is subject to the Rural
Subdivision, the Minor
Subdivision, or the Major
Subdivision review procedure
of these regulations. The
Board may require, however,
when it deems it necessary for
protection of the public
health, safety, and welfare,
that a Minor Subdivision
procedure include some of the
requirements specified for the
Major Subdivision procedure.
SECTION 212: SKETCH PLAT;
INFORMATION TO BE INCLUDED
The sketch plat initially
submitted to the Planning
Board shall be based on tax
map information or some other
similarly accurate base map at
a scale (preferably not less
than 1:2400) to enable the
entire tract to be shown on
one sheet. The Sketch Plat
shall be submitted, showing
the following information:
1.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.
2.All existing structures,
wooded areas, streams,
wetlands, flood hazard areas,
and other significant physical
features, within the portion
to be subdivided and within
200 feet thereof. If
topographic conditions are
significant, contours shall
also be indicated at intervals
of not more than 10 feet.
3.The name of the owner and of
all adjoining property owners
as disclosed by the current
tax role.
4.The tax map, block, and lot
numbers of all lots shown on
the plat.
5.All the utilities available
and all streets as they appear
on the Official Map.
6.The proposed pattern of lots
(with dimensions), street
layout, recreation areas,
systems of drainage, sewerage,
and water supply within the
subdivided area.
7.All existing restrictions on
the use of land, including
easements, covenants, and
zoning district boundary
lines.
8.See Section 232 for
additional information.
SECTION 213-219: RESERVED
SECTION 220: RURAL
SUBDIVISION REVIEW PROCEDURE
Upon determination that the
proposed subdivision is to be
treated as a Rural Subdivision
the Planning Board reviews the
subdivision and acts to
conditionally approve,
conditionally approve with
modifications, disapprove, or
grant final approval (in the
event the subdivider has
presented as a Sketch Plat a
document which also qualifies
as a Subdivision Plat in
accordance with the provisions
of Section 232).
SECTION 221: APPLICATION
REQUIREMENTS FOR RURAL
SUBDIVISION PLAT REVIEW
In the case of Rural
Subdivision, the Subdivision
Plat application shall be
accompanied by a fee of 25
dollars and shall include the
following information:
1.a copy of such covenants or
deed restrictions as are
intended to cover all or part
of the tract.
2.A deed description of the
proposed lots and/or a tax map
with the proposed lots drawn
on it with dimensions.
However, if the Planning Board
determines it is necessary,
the application must include
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.
3.All on -site sanitation and
water supply facilities (if
any) shall be designed to meet
the minimum specifications of
the Tompkins County Sanitary
Code, and a note to this
effect shall be stated on the
Plat and signed by an officer
of the County Health
Department.
4.Any map submitted with the
application must have on it
the proposed subdivision name
(if any), name of the Town and
County in which it is located,
the date, north point, map
scale, and the name and
address of the owner of record
and the subdivider.
5.If a plat is to be filed
with the County Clerk it shall
be printed upon or be clearly
drawn in India ink upon
drafting film. The size of
the sheet shall be 24 by 36
inches, or 18 by 24 inches, or
other size approved by the
Planning Board.
SECTION 222: SUBDIVIDER TO
ATTEND PLANNING BOARD MEETING,
RURAL
The subdivider, or a duly
authorized representative,
shall attend the meeting of
the Planning Board at which
the Rural Subdivision is
discussed and acted on.
SECTION 223: PLANNING BOARD
ACTION ON RURAL SUBDIVISION
In granting conditional
approval or conditional
approval with modifications
the Planning Board authorizes
7
the Chair of the Planning
Board to sign the Final Plat
upon compliance with such
conditions and requirements as
may be stated in its
resolution of conditional
approval. Conditional
approval of a plat shall
expire 180 days after the date
of the resolution granting
such approval. The Planning
Board may, however, extend the
time within which a
conditionally approved plat
may be submitted for
signature, if in its opinion
such extension is warranted in
the circumstances, for not to
exceed two additional periods
of 90 days each.
SECTION 224--229: RESERVED
SECTION 230: MINOR
SUBDIVISION REVIEW PROCEDURE
If the review of the Sketch
Plat provided for in Section
211 results in the
determination that the Minor
Subdivision Review Procedure
applies, the provisions in
Sections 231 through 239 are
to be followed.
SECTION 231: MINOR
SUBDIVISION; APPLICATION AND
FEE
Within six months after
classification of the Sketch
Plat as a Minor Subdivision by
the Planning Board (see
Section 211), the subdivider
shall submit an application
for approval of a Subdivision
Plat. Failure to do so shall
require resubmission of the
Sketch Plat to the Planning
Board for reclassification.
The Plat shall conform to the
layout shown on the Sketch
Plat plus any recommendations
made by the Planning Board.
The application shall also
conform to the requirements
listed in Section 232.
Copies as requested of the
Subdivision Plat shall be
presented to the Clerk of the
Planning Board at the time of
submission of the Subdivision
Plat.
All applications for Plat
approval for Minor
Subdivisions shall be
accompanied by a fee of 25
dollars.
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
Section 232 of these
regulations, has been filed
with the Clerk of the Planning
Board.
SECTION 232: APPLICATION
REQUIREMENTS FOR MINOR
SUBDIVISION PLAT REVIEW
The Subdivision Plat
application shall include the
following information:
1.A copy of such covenants or
deed restrictions as are
intended to cover all or part
of the tract.
2.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
M.
land surveyor. The corner of
the tract shall also be
located on the ground and
marked by monuments as
approved by the Town Engineer,
and shall be referred to and
shown on the Plat.
3.All on -site sanitation and
water supply facilities (if
any) shall be designed to meet
the minimum specifications of
the Tompkins County Sanitary
Code, and a note to this
effect shall be stated on the
Plat and signed by an officer
of the County Health
Department.
4.Proposed subdivision name
(if any), name of the Town and
County in which it is located.
5.The date, north point, map
scale, and the name and
address and phone number of
all the owners of record and
the subdivider.
6.The Plat to be filed with
the County Clerk shall be
printed upon or be clearly
drawn in India ink upon
drafting film. The size of
the sheet shall be 24 by 36
inches, or 18 by 24 inches, or
other size approved by the
Planning Board.
SECTION 233: SUBDIVIDER TO
ATTEND PLANNING BOARD MEETING,
MINOR
The subdivider, -or a duly
authorized representative,
shall attend the meeting of
the Planning Board at which
the Subdivision Plat (minor)
is first discussed.
SECTION 234: PUBLIC HEARING
ON SUBDIVISION PLAT, MINOR
A public hearing shall be held
by the Planning Board within
45 days from the time
submission of the subdivision
plat for approval. The
hearing shall be advertised in
a newspaper of general
circulation in the Town at
least 5 days before such
hearing.
SECTION 235: ACTION ON
SUBDIVISION PLAT, MINOR
235.1 The Planning Board
shall, within 45 days from the
date of the public hearing,,
act to conditionally approve,
conditionally approve with
modification, disapprove, or
grant final approval and
authorize the signing of the
Subdivision Plat. 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.
235.2 Upon granting
conditional approval with or
without modification to the
plat, the Planning Board shall
empower the Planning Board
Chair to sign the plat upon
compliance with such
conditions and requirements as
may be stated in its
resolution of conditional
approval.
235.3 Within 5 days of the
resolution granting
conditional approval, the plat
shall be certified by the
Clerk of the Planning Board as
conditionally approved, a copy
shall be filed in their
office, and a certified copy
mailed to the subdivider. The
0
copy mailed to the subdivider
shall include a certified
statement of such requirements
which, when completed, will
authorize the signing of the
conditionally approved plat.
235.4 Upon completion of the
requirements in the resolution
of approval, the plat shall be
signed by the duly designated
officer of the Planning Board.
Conditional approval of a plat
shall expire 180 days after
the date of the resolution
granting such approval. The
Planning Board may, however,
extend the time within which a
conditionally approved plat
may be submitted for
signature, if in its opinion
such extension is warranted in
the circumstances, for not to
exceed two additional periods
of 90 days each.
SECTION 236-239: RESERVED
SECTION 240: MAJOR
SUBDIVISION REVIEW PROCEDURE
If it is determined in the
Sketch Plat classification
process in Section 211 that
the Major Subdivision Review
Procedure applies, the
provisions of Section 240
through 269 are to be
followed. The general
sequence of steps is as
follows:
1.Subdivider files a
preliminary plat for public
hearing, review, and Planning
Board approval.
2.Planning Board may require
revisions.
3.Planning Board approves
preliminary plat, thereby
giving subdivider approval to
do detailed work on Final
Plat.
4.Final Plat is submitted for
public hearing, Planning Board
review, and approval.
5.Final Plat, with any
additional changes required by
the Planning Board, is signed
by the Chair of the Planning
Board.
6.Signed Final Plat is filed
with County Clerk.
7.Lots may be offered for
sale.
SECTION 241: MAJOR
SUBDIVISION PRELIMINARY PLAT;
APPLICATION AND FEE
Prior to the filing of an
application for the approval
of a Major Subdivision Plat,
the subdivider shall file an
application for the approval
of a Preliminary Plat of the
proposed subdivision. Such
Preliminary Plat shall be
clearly marked with the words
"Preliminary Plat" and shall
be in the form described in
Section 242 hereof. The
Preliminary Plat shall, in all
respects, comply with the
requirements set forth in the
provisions of Sections 276 and
277 of the Town Law and
Section 242 of these
regulations, except where a
waiver may be specifically
authorized by the Planning
Board.
Five copies of the Preliminary
Plat shall be presented to the
10
Clerk of the Planning Board at
the time of submission of the
Preliminary Plat.
The application for approval
of the Preliminary Plat shall
be accompanied by a fee of 25
dollars, plus 10 dollars per
lot for each lot in the
proposed subdivision.
The time of submission of the
Preliminary Plat shall be
considered to be the date on
which the application for
approval of the Preliminary
Plat, complete and accompanied
by the required fee and all
data required by Section 242
of these regulations, has been
filed with the Clerk of the
Planning Board. The Clerk
shall note the date on the
Preliminary Plat.
SECTION 242: MAJOR
SUBDIVISION PRELIMINARY PLAT
AND ACCOMPANYING DATA
The following documents shall
be submitted for approval:
242.01 Proposed subdivision
name, name of Town and County
in which it is located, date,
true north point, scale, name,
address, and phone number of
all owners of record,
subdivider, engineer or
surveyor, including license
number and seal.
242.02 The name of all
subdivisions immediately
adjacent and the name of the
owners of record of all
adjacent property.
242.03 Zoning district,
including exact boundary of
districts, where applicable,
and any proposed changes in
the zoning district lines or
the zoning regulations text
applicable to the area to be
subdivided.
242.04 All parcels of land
proposed to be dedicated to
public use and the condition
of such dedication.
242.05 Location of existing
property lines, easements,
buildings, water courses,
marshes, rock outcrops, and
wooded areas.
242.06 Location of existing
sewers, water mains, culverts,
and drains on the property,
with pipe sizes, grades, and
direction of flow.
242.07 Contours with
intervals of 5 feet or less as
required by the Planning
Board, including elevations on
existing roads. Approximate
grading plan if natural
contours are to be changed
more than 2 feet.
242.08 The width and location
of any streets or public ways
or places shown on the
Official Map or the Master
Plan, if such exists, within
the area to be subdivided, and
the width, location, grades,
and street profiles of all
streets or public ways
proposed by the developer.
242.09 The approximate
location and size of all
proposed water lines, valves,
hydrants, and sewer lines, and
fire alarm boxes. Connection
to existing lines or alternate
means of water supply or
sewage disposal and treatment
as provided in the Tompkins
County Sanitary Code.
11
Profiles of all proposed water
and sewer lines.
242.10 Storm drainage plan
indicating the approximate
location and construction and
size of swales; proposed lines
and their profiles.
Ramification of connections to
existing or alternate means of
disposal.
242.11 Plans and cross -
sections showing the proposed
location and type of
sidewalks, street lighting
standards, street trees,
curbs, water mains, sanitary
sewers, and storm drains, and
the size and type thereof, the
character, width, and depth of
pavements and sub -base, the
location of manholes, basins,
and underground conduits.
242.12 Preliminary designs of
any bridges or culverts which
may be required.
242.13 The proposed lot lines
with approximate dimensions
and area of each lot.
242.14 Where the topography
is such as to make difficult
the inclusion of any of the
re-quired facilities within the
public areas as laid out, the
preliminary plat shall show
the boundaries of proposed
permanent easements over or
under private property, which
permanent easements shall not
be less than 20'feet in width,
and which shall provide
satisfactory access to an
existing public highway or
other public open space shown
on the subdivision or the
Official Map.
242.15 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
the tract shall also be
located on the ground and
marked by substantial
monuments of such size and
type as approved by the Town
Engineer, and shall be
referred to and shown on the
Plat.
242.16 If the application
covers only a part of the
subdivider's holding, a map of
the entire tract, drawn at a
scale of not less than 1:4,800
showing an outline of the
platted area with its proposed
streets and indication of the
probable future street system
with its grades and drainage
in the remaining portion of
the tract and the probable
future drainage layout of the
entire tract shall be
submitted so that the part of
the subdivider's holding
submitted can be considered in
the light of the entire
holding.
242.17 A copy of any
covenants or deed restrictions
intended to cover all or part
of the tract.
SECTION 243: SUBDIVIDER TO
ATTEND PLANNING BOARD MEETING,
MAJOR
The subdivider, or a duly
authorized representative,
shall attend the meeting of
the Planning Board to discuss
the Preliminary Plat.
12
SECTION 244: STUDY OF
PRELIMINARY PLAT
The Planning Board shall study
the practicability of the
Preliminary Plat, taking into
consideration the requirements
of the community and the best
use of the land being
subdivided. Particular
attention shall be given to
the arrangement, location, and
width of streets, their
relation to the topography of
the land, water supply, sewage
disposal, drainage, lot sizes
and arrangement, the future
development of adjoining lands
as yet unsubdivided, and the
requirements of the Master
Plan, the Official Map, and
Zoning Regulations, if such
exist.
SECTION 245: PUBLIC HEARING
AND REVIEW OF THE PRELIMINARY
PLAT
245.1 Within 45 days after
the receipt of a Preliminary
Plat by the Clerk of the
Planning Board the Planning
Board shall hold a public
hearing, which hearing shall
be advertised at least once in
a newspaper of general
circulation in the Town at
least 5 days before such
hearing. The Planning Board
may provide that the hearing
further advertised in such
manner as it deems most
appropriate for full public
consideration of such
Preliminary Plat.
245.2 Within 45 days after
the date of the public
hearing, the Planning Board
shall approve with or without
modification or disapprove the
Preliminary Plat, and the
ground of a modification, if
any, or the ground for
disapproval shall be stated
upon the records of the
Planning Board. The time in
which the Planning Board must
take action on such plat, may
be extended by mutual consent
of the subdivider and the
Planning Board.
245.3 When approving a
Preliminary Plat, the Planning
Board shall state in writing
the modifications, if any, it
deems necessary for submission
of the plat in final form.
Within 5 days of the approval
of such Preliminary Plat it
shall be certified by the
Clerk of the Planning Board as
granted preliminary approval,
and a copy filed in their
office, a certified copy
mailed to the owner, and a
copy forwarded to the Town
Board.
245.4 Failure of the Planning
Board to act within the 45 day
period shall constitute
approval of the Preliminary
Plat.
SECTION 246: PLANNING BOARD
APPROVAL OF PRELIMINARY PLAT
246.1 Conditional
Preliminary Plat.
granting approval
Preliminary Plat,
Board shall state
such approval, if
respect to:
Approval of
When
to a
the Planning
the terms of
any, with
l.modifications to the
Preliminary Plat
2.the character and extent of
the required improvements for
13
which waivers may have been
requested and which in its
opinion may be waived without
jeopardy to the public health,
safety, and welfare, and
3.the amount of improvement or
the amount of all bonds
therefore which it will
require as prerequisite to the
approval of the Final
Subdivision Plat.
246.2 Effect _of__A.pprovalof
PreliminaryPlat. Approval of
a Preliminary Plat shall not
constitute approval of the
Final Subdivision Plat, but
rather it shall be deemed an
expression of approval of the
design submitted on the
Preliminary Plat as a guide to
the preparation of the Final
Subdivision Plat, which will
be submitted for approval of
the Planninq Board and for
recording upon fulfillment of
he requirements of these
regulations.
246.3 Furth er___Chan.g_ esMay_._b_e,
Required. Prior to approval
of the Final Subdivision Plat,
the Planning Board may require
additional changes as a result
of further study of the
subdivision in final form or
as a result of new information
obtained at the public
hearing.
SECTIONS 2.47-249: RESERVED
SECTION 250: MAJOR
SUBDIVISION FINAL PLAT
APPLICATION
250.1 The subdivider shall,
within six months after the
approval of the Preliminary
Plat, file with the Planning
Board an application for
approval of the Final
Subdivision Plat in final
form, using the approved
application blank available
from the Clerk of the Planning
Board. If the Final
Subdivision Plat is not
submitted for approval within
six months after the approval
of the Preliminary Plat, the
Planning Board may refuse to
approve the Final Subdivision
Plat and require resubmission
of the Preliminary Plat.
250.2 A subdivider intending
to submit a Final Plat for the
approval of the Planning Board
shall provide the Clerk of the
Planning Board with a copy of
the application and copies as
required of the Plat (one in
ink on drafting film or an
acceptable equal), the
original and one copy of all
offers of cession, covenants,
and agreements, and two prints
of all construction drawings.
250.3 The time of submission
of the Final Subdivision Plat
shall be considered to be the
date on which the application
for approval of the Final
Plat, complete and accompanied
by the required fee and all
data required by Section 251
of these regulations, has been
filed with the Clerk of the
Planning Board.
SECTION 251: MAJOR
SUBDIVISION FINAL PLAT AND
ACCOMPANYING DATA
The Final Plat to be filed
with the County Clerk shall be
printed upon linen, or be
clearly drawn in India ink
upon tracing cloth. The size
of the sheets shall be 24 x 36
inches or 18 x 24 inches and
14
shall have a margin of 2
inches for binding, outside of
the border, along the
remaining sides. The Final
Plat shall be drawn at a scale
of no more than 1:1200, and
oriented with the north point
at the top of the map. When
more than one sheet is
required, an additional index
sheet of the same size shall
be filed showing to scale the
entire subdivision with lot
and block numbers clearly
legible.
The Plat shall show:
1.Proposed subdivision name or
identifying title and the name
of the Town and County in
which the subdivision is
located, the name and address
of the owners of record and
the subdivider, the name,
license number, and seal of
the licensed land surveyor.
2.Street lines, pedestrian
ways, lots, reservations,
easements, and areas to be
dedicated to public use.
3.Sufficient data acceptable
to the Town Engineer to
determine readily the
location, bearing, and length
of every street line, lot
line, boundary line, and to
reproduce such lines upon the
ground. Where applicable,
these should be referred to
monuments included in the
State system of -plan
coordinates, and in any event
should be tied to reference
points previously established
by a public authority.
4.The length and bearing of
all straight lines, radii,
length of curves, central
angles of curves, and tangent
bearings shall be given for
each street. All dimensions
and angles of the lines of
each lot shall also be given.
All dimensions shall be shown
in feet and decimals of a
foot. The Plat shall show the
boundaries of the property,
location, graphic scale, and
true north point.
5.The Plat shall also show by
proper designation thereon all
public open spaces for which
deeds are included and those
spaces title to which is
reserved by the developer:
For any of the latter there
shall be submitted with the
Final Subdivision Plat copies
of agreements or other
documents showing the manner
in which such areas are to be
maintained and the provisions
made therefor.
6.All offers of cession and
covenants governing the
maintenance of unceded open
space shall bear the
certificate of approval of
the Town Attorney as to their
legal sufficiency.
7.Lots and blocks within a
subdivision shall be numbered
and/or lettered in
alphabetical order in
accordance with the prevailing
Town practice.
8.Permanent reference
monuments shall be shown and
shall be constructed in
accordance with specifications
of the Town Engineer.
When referred to the State
system of plane coordinates
they shall also conform to the
requirements of the State
Department of Public Works.
15
They shall be placed as
required by the Town Engineer
and their location noted and
referred to upon the Final
Plat.
9.All lot corner markers shall
be permanently located
satisfactorily to the Town
Engineer.
10.Monuments of a type
approved by the Town Engineer
shall be set at all corners
and angle points of the
boundaries of the original
tract to be subdivided; and at
all street intersections,
angle points in street lines,
points of curve, and such
intermediate points as shall
be required by the Town
Engineer.
11.Construction drawings
including plans, profiles, and
typical cross -sections as
required, showing the proposed
location, size and type of
streets, sidewalks, street
lighting standards, street
trees, curbs, water mains,
sanitary sewers and storm
drains, pavements and sub-
base, manholes, catchbasins,
and other facilities.
SECTION 252: ENDORSEMENT OF
STATE AND COUNTY AGENCIES
Water and sewer facility
proposals contained in the
Final Subdivision Plat shall
be properly endorsed and
approved by the Tompkins
County Department of Health.
Applications for approval on
plans for sewer or water
facilities will be filed by
the subdivider with all
necessary Town, County, and
State agencies. Endorsement
and approval by the Tompkins
County Department of Health
shall be secured by the
subdivider before official
submission of the Final
Subdivision Plat for approval
by the Planning Board.
SECTION 253: PUBLIC HEARING
AND REVIEW OF THE FINAL PLAT
Within 45 days of the
submission of a Major
Subdivision Final Plat in
final form for approval, a
hearing shall be held by the
Planning Board. This hearing
shall be advertised at least
once in a newspaper of general
circulation in the Town at
least 5 days before the
hearing, provided however,
that when the Planning Board
deems the final plat to be in
substantial agreement with a
Preliminary Plat approved
under Section 246, and
modified in accordance with
requirements of such approval
if such preliminary plat has
been approved with
modification, the Planning
Board may waive the
requirement for such public
hearing.
SECTION 254: PLANNING BOARD
ACTION ON PROPOSED FINAL
SUBDIVISION PLAT
254.1 Actions bX Planni_na
Board. The Planning Board
action shall be by resolution
to conditionally approve with
or without modification,
disapprove, or grant final
approval (see Section 259) and
authorize the signing of the
plat by the Chair of the
Planning Board. The action is
to be taken within 45 days
after the public hearing, if
16
one was held, and if no public
hearing was held, within 45
days of receipt of the Plat by
the Clerk of the Planning
Board. This time may be
extended by mutual consent of
the subdivider and the
Planning Board. Failure to
take action on a final plat
within the time prescribed
therefore shall be deemed
approval of the plat.
254.2 Cond,itiona_1___A.pproval..
Upon resolution of conditional
approval of the Final Plat the
Planning Board shall empower
the Chair to sign the plat
upon completion of such
requirements as may be stated
in the resolution. Within 5
days of such resolution the
plat shall be certified by the
Clerk of the Planning Board as
conditionally approved and a
copy filed in their office and
a certified copy mailed to the
subdivider. The copy mailed
to the subdivider shall
include a certified statement
of such requirements which,
when completed, will authorize
the signing of the
conditionally approved final
plat.
254.3 Certification by Chair
of Plann�_Board. ni
Upon completion of such
requirements the plat shall be
signed by the Chair of the
Planning Board.
254.4 Expirati-on of A_pprov_al_.
Conditional approval of a
final plat shall expire 180
days after the date resolution
granting such approval unless
the requirements have been
certified as completed within
that time. The Planning Board
may, however, extend the time
within which a conditionally
approved plat may be submitted
for signature, if in its
opinion such extension is
warranted in the
circumstances, for not to
exceed two additional periods
of 90 days each.
SECTION 255: REQUIRED
IMPROVEMENTS
Before the Planning Board
grants final approval of the
Final Subdivision Plat, the
subdivider shall follow the
procedure set forth in either
subparagraph 1 or subparagraph
2 below.
255.1 In an amount set by the
Planning Board the subdivider
shall either file with the
Town Clerk a certified check
to cover the full cost of the
required improvements OR the
subdivider shall file with the
Town Clerk a performance bond
to cover the full cost of the
required improvements. Any
such bond shall comply with
the requirements of Section
277 of the Town Law and
further, shall be satisfactory
to the Town Board and Town
Attorney as to form,
sufficiency, manner of
execution, and surety. A
period of 1 year (or such
other period as the Planning
Board may determine
appropriate, not to exceed
three years) shall be set
forth in the bond within which
required improvements must be
completed.
255.2 The subdivider shall
complete all required
improvements to the
satisfaction of the Town
Engineer, who shall file with
17
the Planning Board a letter
signifying the satisfactory
completion of all improvements
required by the Board. For
any required improvements not
so completed the subdivider
shall file with the Town Clerk
a bond or certified check
covering the costs of such
improvements not approved by
the Town Engineer. Any such
bond shall be satisfactory to
the Town Board and Town
Attorney as to form,
sufficiency, manner of
execution, and surety.
255.3 The required
improvements shall not be
considered to be completed
until the installation of the
improvements have been
approved by the Town Engineer
and a map satisfactory to the
Planning Board has been
submitted indicating the
location of monuments marking
all underground utilities as
actually installed. If the
subdivider completes all
required improvements
according to subparagraph 2,
then the map shall be
submitted prior to endorsement
of the plat by the appropriate
Planning Board officer.
However, if the subdivider
elects to provide a bond or
certified check for all
required improvements as
specified in subparagraph 1,
such bond shall not be
released until such a map is
submitted. -
SECTION 256: MODIFICATION OF
DESIGN OF IMPROVEMENTS
If at any time before or
during the construction of the
required improvements it is
demonstrated to the
satisfaction of the Town
Engineer that unforeseen
conditions make it necessary
or preferable to modify the
location or design of the
required improvements, the
Town Engineer may, upon
approval by a previously
delegated ember of the
Planning Board, authorize
modifications, provided that
these modifications are within
the spirit and intent of the
Planning Board's approval and
do not extend to the waiver or
substantial alteration of the
function of any improvements
required by the Board. The
Town Engineer shall issue any
authorization under this
Section in writing and shall
transmit a copy of such
authorization to the Planning
Board at their next regular
meeting.
SECTION 257: INSPECTION OF
IMPROVEMENTS
At least 5 days prior to
commencing construction of
required improvements the
subdivider shall pay to the
Town Clerk the inspection fee
required by the Town Board and
shall notify the Town Board in
writing of the time when they
propose to commence
construction of the
improvements so that the Town
Board may cause inspection to
be made to assure that all
Town specifications and
requirements shall be met
during the construction of
required improvements, and to
assure the satisfactory
completion of improvements and
utilities required by the
Planning Board.
m
SECTION 258: PROPER
INSTALLATION OF IMPROVEMENTS
If the Town Engineer finds,
upon inspection of the
improvements performed before
the expiration date of the
performance bond, that any of
the required improvements have
not been constructed in
accordance with plans and
specifications filed by the
subdivider, he shall so report
to the Town Board, Building
Inspector and Planning Board.
The Town Board then shall
notify the subdivider and, if
necessary, the bonding
company, and take all
necessary steps to preserve
the Town's rights under the
bond. No Subdivision Plat
shall be approved by the
Planning Board as long as the
subdivider is in default on a
previously approved
Subdivision Plat.
SECTION 259: FINAL APPROVAL
OF SUBDIVISION PLAT
259.1 Sig
natur_efrom _._Planni.ng_
B_oard_. Upon completion of the
requirements in Sections 250
through 258 above and notation
to that effect upon the
Subdivision Plat, it shall be
deemed to have final approval
and shall be properly signed
by the Chairman or the duly
designated officer of the
Planning Board and may be
filed by the applicant in the
Office of the County Clerk.
259.2 Prompt __Filing. Any
Subdivision Plat not so filed
or recorded within 30 days of
the date upon which the Plat
is approved or considered
approved by reasons of the
failure of the Planning Board
to act, shall become null and
void.
259.3 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
the Plat is first resubmitted
to the Planning Board and the
Board approves any
modifications. In the event
that any such Subdivision Plat
is recorded without complying
with this requirement, it'
shall be considered null and
void, and the Board shall
institute proceedings to have
the Plat stricken from the
records of the County Clerk.
SECTION 260: PUBLIC. STREETS
AND RECREATION AREAS
260.1 Public Acceptance of
Streets. The approval by the
Planning Board of a
Subdivision Plat shall not be
deemed to constitute or be
evidence of any acceptance by
the Town of any street,
easement, or other open space
shown on the Subdivision Plat.
260.2 Ownership and
Maintenance of Recreatiion
Areas.. When a park,
playground, or other
recreation area has been shown
on a Plat, approval of the
Plat shall not constitute an
acceptance by the Town of the
recreation area. The Planning
Board shall require the Plat
to be endorsed with
appropriate notes to this
effect. The Planning Board
may also require the filing of
a written agreement between
14we
the applicant and the Town
Board covering future deed and
title, dedication, and
provision for the cost of
grading, development,
equipment, and maintenance of
any such recreation area.
SECTION 261-269: RESERVED
SECTION 270: CLUSTER
SUBDIVISIONS
270.1 Authari.ty.. Whereas
pursuant to resolution of the
Town Board, the Planning Board
is empowered to modify
applicable provisions of the
Town Zoning Regulations in
accordance with the provisions
of Section 281 of the Town Law
for the purpose of enabling
and encouraging flexibility of
design and development of land
in such a manner as to promote
the most appropriate use of
land, to facilitate the
adequate and economic use of
streets and utilities, and to
preserve the natural and
scenic qualities of open
lands, the following shall be
the procedure and standards.
270.2 Reguest_by __Subdivider.
A subdivider may request the
use of Town Law, Section 281
simultaneously with or
subsequent to presentation of
the sketch plat as described
in Sections 210-212. Any
submission subsequent to
preliminary approval of a plat
shall require a reapplication
for sketch plat review.
270.3 Sketch__P_1_at. A
subdivider shall present along
with a proposal in accordance
with the provisions of Town
Law, Section 281, a standard
sketch plat which is
consistent with all the
criteria established by these
Land Subdivision Regulations,
including streets being
consistent with the street
specifications and lots being
consistent with Zoning
Regulations.
270.4 Park, Recretion, Open
Space, or Other Municipal
Purposes. If the application
of this procedure results in a
plat showing land available
for park, recreation, open
space, or other municipal
purposes directly related'to
the plat, then necessary
conditions as to ownership,
use, and maintenance of such
lands for their intended
purposes shall be set forth by
the Planning Board.
270.5 Plat Submission. Upon
determination that such sketch
plat is suitable for the
procedures under Town Law,
Section 281 and subsequent to
the resolution authorizing the
Planning Board to proceed, a
Preliminary Plat meeting all
of the requirements of the
resolution shall be presented
to the Planning Board and
thereafter the Planning Board
shall proceed with the
required public hearings and
other requirements of these
Regulations.
270.6 Filing: Notation on
_Zoning Map_. Upon making final
approval of a plat on which
Town Law, Section 281, Cluster
Subdivision provisions have
been used, the Secretary of
the Planning Board shall
notify the officer charged
with keeping the Town Zoning
Map who shall make appropriate
20
notations and references
thereon.
SECTION 271-279: RESERVED
SECTION 280: GENERAL
REQUIREMENTS AND DESIGN
STANDARDS
In considering applications
for subdivision of land, the
Planning Board shall be guided
by the standards set forth in
the following sections. The
standards shall be considered
minimum requirements and shall
be waived by the Planning
Board only under circumstances
set forth in Section 290.
SECTION 281: GENERAL
CONSIDERATIONS
281.1 Character of Land.
Land to be subdivided shall be
of such character that it can
be used safely for building
purposes without danger to
health or peril from fire,
flood, or other menace.
281.2 Conformity._ to Official
Map and_ Mas t e_r_._P.1_an..
Subdivisions shall conform to
the Official Map of the Town
and shall be in harmony with
the Master Plan.
281.3 Speci.ficat _ions-_f or_
Requi_red___IMpro_v_ement_s.. All
required improvements shall be
constructed or installed to
conform to the Town
Specifications, which are
found below. Further
specifications and
consultation may be obtained
from the Town Engineer.
Ri_ght _.of__ -Way_; 50 feet minimum
in level terrain. Additional
right-of-way may be required
where deep cuts or fills are
needed.
Width of Road Metal: 20 feet
minimum.
Shoulder Width: 6 feet
minimum.
Si._ght Distance: Sight
distance shall be at least 30C
feet minimum at intersections.
Construction Specifications:
1.Before placing any gravel,
the subgrade shall be crowned
to 5 percent grade and'well
compacted.
2.Adequate ditches shall be
provided by builder. The
minimum ditch grade shall be
0.5 percent. Town will
maintain ditches after
acceptance of road.
3.Culverts shall be placed in
natural waterways, at low
spots in grade, and in other
spots where required. Builder
will furnish culverts and
install head walls if
requested by Highway
Superintendent. All culvert
sizes and lengths shall be
determined and culvert designs
approved by the Highway
Superintendent before
installation.
4.Underdrains shall be placed
in low wet areas where side
hill seepage is encountered or
in other areas where required.
5.Approved gravel base shall
be placed 6 to 18 inches deep
from ditch to ditch and well
compacted. All depth
measurements refer to
compacted depths. The top
21
lift shall be crushed gravel
or crusher run stone, 20 feet
wide and 6 inches deep
centered on base and
compacted. The total
compacted depth of gravel
shall be 12 to 24 inches.
Gravel base will be compacted
at 6 to 8 inch lifts, top
grade compacted at the 6 inch
lift. Town roller will be
furnished at the discretion of
the Highway Superintendent.
6. Crown_ --on. Road: 2 percent
grade.
7.If considered necessary for
road maintenance purposes the
Highway Superintendent may
require greater road curve
radiuses than the standards in
the following sections.[Fig.2]
Acceptance:
Roads will be accepted only if
they are free and clear of all
liens, encumbrances,
easements, and/or right-of-
way. A written statement of
acceptance must be filed by
the Highway Superintendent and
the Town Attorney before any
road shall be accepted by the
Town Board.
SECTION 282: STREET LAYOUT
282.1 Wi_dt_hJ___L.ocatio� on
Construction. Streets shall
be of sufficient width,
suitably located, and
adequately constructed to
conform with the Master Plan,
and to accommodate the
prospective traffic and afford
access for fire fighting, snow
removal, and other road
maintenance equipment. The
arrangement of streets shall
be such as to cause no undue
hardship to adjoining
properties and shall be
coordinated so as to compose a
convenient system.
282.2 Arrangement. The
arrangement of streets in the
subdivision shall provide for
the continuation of principal
streets of adjoining
subdivisions, and for proper
projection of principal
streets into adjoining
properties which are not yet
subdivided, in order to make
possible necessary fire
protection, movement of
traffic, and the construction
or extension, presently or
when later required, of needed
utilities and public services
such as sewers, water lines,
and drainage facilities.
Subdivisions containing 20
lots or more shall have at
least two street connections
with existing public streets,
or streets shown on the
Official Map, if such exists,
or streets on an approved
Subdivision Plat for which a
bond has been filed.
Where, in the opinion of the
Planning Board, topographic or
other conditions make such
continuance undesirable or
impracticable, the above
conditions may be modified.
282.3 Mi,no,r,--St'k" Minor
streets shall be so laid out
that their use by through
traffic will be discouraged.
282.4 Special Treatment Along
Major Arterial Streets. When
a subdivision abuts or
contains an existing or
proposed major arterial
street, the Board may require
marginal access streets,
22
FIGURE 2: STANDARD CROSS SECTION
NOT TO SCALE
-< B
-<- D ->- -K C
K L
I1
(A)
Right of way:
50 feet min.
(B)
Total pavement:
20 feet min.
(C)
Road metal: 20
feet min.
(D)
Shoulder: 6 feet
min.
(E)
Subgrade crown:
5 percent
(F)
Surface crown:
2 percent
(G)
Shoulder crown:
6 percent
F G
E
J
I
FILL SECTION:
(H) Berm slope: 65 percent max.
CUT SECTION:
(I) Inside slope: 50 percent max.
(J) Outside slope: 65 percent max.
(K) Base gravel depth:6 to 18"
(L) Total gravel depth: 12 to 24"
(M) 16 ton minimum
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.
282.5 Provision f-o-rFuture-
Re-Subdiv_ision. Where a tract
is subdivided into lots
substantially larger than the
minimum size required in the
zoning district in which a
subdivision is located, the
Board may require that streets
and lots be laid out so as to
permit future re -subdivision
in accordance with the
requirements contained in
these regulations.
282. 6 C_ir__cl-e__Drives __and --_Loop
Streets__. The creation of
circle drives or loop
residential streets (see
Section 283.9) will be
encouraged wherever the Board
finds that such types of
streets are needed or
desirable. The Board may
require the reservation of a
20 foot wide easement to
provide for continuation of
pedestrian traffic and
utilities to the next street.
282.7 Block Size. Blocks
generally shall not be less
than 400 feet nor more than
1200 feet in length. In
general, no block width shall
be less than twice the normal
lot depth. In blocks
exceeding 800 feet in length,
the Planning Board may require
the reservation of a 20 foot
wide easement through the
23
block to provide for the
crossing of underground
utilities and pedestrian
traffic where needed or
desirable and may further
specify, at its discretion
that a 4 foot wide paved foot
path be included.
282.8 Intersections with
Collector or Manor Arterial
Roads. Minor or secondary
street openings into such
roads shall, in general, be at
least 500 feet apart.
282.9 Street Jogs. Street
jogs with centerline offsets
of less than 125 feet shall
not normally be permitted.
282.10 Anqle of Intersection.
In general, all streets shall
join each other so that for a
distance of at least 100 feet
the street is approximately at
right angles to the street it
joins.
282.11 Relation to
ToQography. The street plan
of a proposed subdivision
shall bear a logical
relationship to the topography
of the property, and all
streets shall be arranged so
as to obtain as many of the
building sites as possible at
or above the grade of the
streets. Grades of streets
shall conform as closely as
possible to the original
topography.
282.12 Other Required
Streets. Where a subdivision
borders on or contains a
railroad right-of-way or
limited access highway right-
of-way, the Planning 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.
SECTION 283: STREET DESIGN
283.1 Width oiRig.ht-of_-Way.
Streets shall have the
following widths. (When not
indicated on the Master Plan
or Official Map, if such
exists, the classification of
streets shall be determined by
the Board):
Major__.St_re_et_s
66' min. r.o.w.
38' min. pave.
Collector Streets
60' min. r.o.w.
30' min. pave.
Local Streets
50' min. r.o.w.
30' min. pave.
283.2 I.mprovemen_ts. Streets
shall be graded and improved
with pavements, curbs and
gutters, sidewalks, storm
drainage facilities, water
mains, sewers, street lights
and signs, street trees, and
fire hydrants, except where
waivers may be requested, and
the Planning Board may waive,
subject to appropriate
conditions, such improvements
as it considers may be omitted
without jeopardy to the public
24
health, safety, and general
welfare. Pedestrian easements
shall be improved as required
by the Town Engineer. Such
grading and improvements shall
be approved as to design and
specifications by the Town
Engineer.
Installation of fire hydrants
shall be in conformity with
all requirements of standard
thread and nut as specified by
the New York Fire Insurance
Rating Organization and the
Division of Fire Safety of the
State of New York.
Lighting facilities shall be
in conformance with the
lighting system of the Town.
Such lighting standards and
fixtures shall be installed
after approval by the
appropriate power company and
the authorized Town electrical
inspector.
283.3 Utilities in Streets.
The Planning Board shall,
wherever possible, require
that underground utilities be
placed in the street right-of-
way between the paved roadway
and street line to simplify
location and repair of lines
when they require attention.
The subdivider shall install
underground service
connections to the property
line of each lot within the
subdivision for such required
utilities before the street is
paved.
283.4 Utilitv Easements.
Where topography is such to
make impractical the inclusion
of utilities within the street
rights -of -way, perpetual
unobstructed easements at
least 20 feet in width shall
be otherwise provided with
satisfactory access to the
street. Wherever possible,
easements shall be continuous
from block to block and shall
present as few irregularities
as possible. Such easements
shall be cleared and graded
where required.
283.5 G-r_ad.es.. Grades of all
streets shall conform in
general to the terrain, and
shall not be less than 0.5
percent nor more than 6
percent for major or collector
streets, or 10 percent for
minor streets in residential
zones, but in no case more
than 3 percent within 50 feet
of any intersection.
283.6 changes ---
in _Grades,. All
changes in grade shall be
connected by vertical curves
of such length and radius as
meet with the approval of the
Town Engineer so that clear
visibility shall be provided
for a safe distance.
283.7 Curve _Radii at_-S_tree.t_
Intersections. All street
right-of-way lines at
intersections shall be rounded
by curves of at least 20 feet
radius and curbs shall be
adjusted accordingly.[Fig.3]
283.8 Steep -Grades and
Curves: Visibilityat
In_t_ersections. A combination
of steep grades and curves
shall be avoided. In order to
provide visibility for traffic
safety, that portion of any
corner lot (whether at an
intersection entirely within
the subdivision or of a new
street with an existing
street) which is shown shaded
on the Figure below shall be
cleared of all growth (except
isolated trees) and
obstructions above a level 3
feet higher than the
centerline of the street. If
directed, ground shall be
excavated to achieve
visibility. [Fig.4]
283.9 Circle Drive Streets.
Circle drive streets shall
terminate in a circular turn-
around having a minimum
outside right-of-way radius of
100 feet and a minimum right-
of-way width of 50 feet. At
the end of a temporary dead-
end street a temporary turn-
around with a pavement radius
of 50 feet shall be provided,
unless the Planning Board
approves an alternate
arrangement.[Fig.5]
283.10 Loom Roads. The two
intersections of a loop road
with the main road must be a
minimum of 400 feet apart.[Fig.6]
283.11 Watercourses. Where a
watercourse separates a
proposed street from abutting
property, provision shall be
made for access to all lots by
means of culverts or other
structures of design approved
by the Town Engineer. Where
a subdivision is traversed by
a watercourse, drainage way,
channel, or stream there shall
be be provided a storm water
easement or drainage right-of-
way as required by the Town
Engineer, and in no case less
than 20 feet in width.
283.12 Curve Radii. In
general, street lines within a
block, deflecting from each
other at any one point by more
than 10 degrees, shall be
25
connected with a curve, the
radius of which for the
centerline of the street shall
not be less than 400 feet on
major streets, 200 feet on
collector streets, and 100
feet on minor streets.[Fig.7]
283.13 Service.._.Streets.or
L_Paging_..spacein._ Commercial.-
Devel.opment.__
. Paved rear
service streets of not less
than 20 feet in width, or in
lieu thereof, adequate off-
street loading space, suitably
dust free surfaced, shall be
provided in connection with
lots designed for commercial
use.
283.14 Free._F1ow of Vehicular_
Traffic ,._Abun_g Commercial_
Developments_. In front of
areas zoned and designed for
commercial use, or where a
change of zoning to a zone
which permits commercial use
is contemplated, the street
width shall be increased by
such amount on each side as
may be deemed necessary by the
Planning Board to assure the
free flow of through traffic
without interference by parked
or parking vehicles, and to
provide adequate and safe
parking space for such
commercial or business
district.
SECTION 284: STREET NAMES
284.1 Type _-o.f__.Name -. All
street names shown on a
Preliminary Plat or
Subdivision Plat shall be
approved by the Planning
Board. in general, streets
shall have names and not
numbers or letters.
284.2 Names to be
Substantially Different.
Proposed street names shall be
substantially different so as
not to be confused in sound or
spelling with present names in
this or nearby municipalities,
except that street that join
or are in alignment with
streets of an abutting or
neighboring property shall
bear the same name.
Generally, no street should
change direction sharply or at
a corner without a change in
street name.
SECTION 285: LOTS
285.1 Lots to be Buildable.
The lot arrangement shall be
such that in constructing a
building in compliance with
the zoning regulations, there
will be no foreseeable
difficulties for reasons of
topography or other natural
conditions. Lots should not
be of such depth as to
encourage the later creation
of a second building lot at
the front or rear.
285.2 Side Lines. All side
lines of lots shall be at
right angles to straight
street lines and radial to
curved street lines, unless a
variance from this rule will
give a better street or lot
plan.
285.3 Corner Lots. In
general, corner lots should be
larger than interior lots to
provide for proper building
setback from each street and
provide a desirable building
site, and to avoid obstruction
of free visibility at the
roadway intersection. See
Section 283.8.
FL:
FIGURE 3: MINIMUM RADIUS AT INTERSECTION
R R
R = 20 FEET MINIMUM
283.8 Steep Grades and Curves; Visibility at Intersections. A
combination of steep grades and curves shall be avoided. In order
to provide visibility for traffic safety, that portion of any
corner lot (whether at an intersection entirely within the sub-
division or of a new street with an existing street) which is
shown shaded on Figure 4 shall be cleared of all growth (except
isolated trees) and obstructions above a level 3 feet higher than
the centerline of the street. If directed, ground shall be
excavated to achieve visibility.
I
F.7-GURE 4.
CZRAR AREA AT CO,
.:..............
13
A
(A}
(B} M�ni mum strootlzn
to mum d.ista � radius:
edges of clear
aronce a.point 20 feet
20 fotangent
along
streetline
FIGURE 5: DIMENSIONS OF CIRCLE DRIVE
F
A
(A) Minimum outside diameter: 200 feet
(B)
Minimum
inside diameter:
100 feet
(C)
Minimum
right of way: 50
feet
(D)
Minimum
streetline radius:
20 feet
FIGURE 6: LOOP ROAD MINIMUM DIMENSIONS
E
D — 120 m/400 feet min.
FIGURE 7: MINIMUM RADIUS AT CURVE:
MINOR STREET
R
R = 60 m1200 feet min.
285.4 Driv.ewayAcce�s.
Driveway access and grades
shall conform to
specifications of the Town
Driveway Law, if one exists.
Driveway grades between the
street and the setback line
shall not exceed 10 percent.
285.5 Access.__from_Priva_te_
Streets. Access from private
streets shall be deemed
acceptable only if such
streets are designed and
improved in accordance with
these regulations.
285.6 Monuments..and Lot
Corner_._ Markers. Permanent
monuments meeting
specifications approved by the
Town Engineer as to size,
type, and installation, shall
be set at such block corners,
angle points, points of curves
in streets, and other points
as the Town Engineer may
require and their location
shall be shown on the
Subdivision Plat.
SECTION 286: DRAINAGE
IMPROVEMENTS
286.1 Removal __of _Spring and
Surface Water. The subdivider
may be required by the
Planning Board to carry away
by pipe or watercourse any
spring or surface water that
may exist either previous to,
or as a result of the
subdivision. Such drainage
facilities shall be located in
the street right-of-way where
feasible, or in perpetual
unobstructed easements of
appropriate width.
286. 2 Drainage ._ _Structure__to,
Accommodate Potential
Development U,p_stream. A
culvert or other drainage
facility shall, in each case,
be large enough to accommodate
potential runoff from the
entire upstream drainage area,
whether inside or outside the
subdivision. The Town
Engineer shall approve the
design and size of the
facility based on anticipated
run-off from a ten-year storm
under conditions of total
potential development
permitted by the Zoning
Regulations in the watershed.
286.3 Responsibility for
Drainage Downstream. The'
subdivider's engineer shall
also study the effect of each
subdivision on the existing
downstream drainage facilities
outside the area of the
subdivision; this study shall
be reviewed by the Town
Engineer. Where it is
anticipated that the
additional run-off incident to
the development of the
subdivision will overload an
existing downstream drainage
facility during a five-year
storm, the Planning Board
shall notify the Town Board of
such potential condition. In
such case, the Planning Board
shall not approve the
subdivision until provision
has been made for the
improvement of such condition.
286.4 Land Subject to
Flooding. Land subject to
flooding or land deemed by the
Planning Board to be
uninhabitable shall not be
platted for residential
occupancy, nor for such other
uses as may increase danger to
health, life, or property, or
aggravate the flood hazard,
but such land within the plat
27
shall be set aside for such
uses as shall riot be
endangered by periodic or
occasional inundation, or
improved in a manner
satisfactory to the Planning
Board to remedy the hazardous
conditions. (See Sections 360
and 450 of this code
concerning regulation of
development in Flood Hazard
Areas.)
SECTION 287: PARKS, OPEN
SPACES, AND NATURAL FEATURES
287.1 Recreation -Areas Shown
on Town_ Plan. Where a
proposed park, playground, or
open space shown on the Town
Plan is located in whole or in
part in a subdivision, the
Board shall require that such
area or areas be shown on the
Plat in accordance with the
requirements specified in
paragraph 287.2 below. Such
area or areas may be dedicated
to the Town or County by the
subdivider if the Town Board
approves such dedication.
287 .2 Park-s-_ and__P l ay_grids our
not Shown on Town Plan. The
Planning Board shall require
that the Plat shows sites of a
character, extent, and
location suitable for the
development of a park,
playground, or other
recreation purpose. The
lanning Board may require that
the developer satisfactorily
grade any such recreation
areas shown on the Plat.
The Board shall require that
not less than 3 acres of
recreation space be provided
for 100 dwelling units shown
on the plat. However, in no
case shall the amount be more
than 10 percent of the total
area of the subdivision. Such
area or areas may be dedicated
to the Town or County by the
subdivider if the Town Board
approves such dedication.
287.3 Information to be
submitte_d_. In the event that
an area to be used for a park
or playground is required to
be so shown, the subdivider
shall submit, prior to final
approval, to the Board, eight
prints (one on cloth) drawn in
ink showing, at a scale not
smaller than 1:300, such area
and the following features
thereof:
1.The boundaries of the area,
giving lengths and bearing of
all straight lines, radii,
lengths, central angles, and
tangent distances of all
curves.
2.Existing features such as
brooks, ponds, clusters of
trees, rock outcrops, and
structures,
3.Existing, and, if
applicable, proposed changes
in grade and contours of the
area and of areas immediately
adjacent.
287.4 Waiver of Plat
Designation of Area for Parks
and__P1_aygrounds . In cases
where the Planning Board finds
that due to the size,
topography, or location of the
subdivision, land for park,
playground, or other
recreation purpose cannot be
properly located therein, or,
if in the opinion of the Board
it is not desirable, the Board
may waive the requirement that
�3
the Plat show land for such
purposes. The Board shall
then require as a condition to
approval of the Plat a payment
to the Town of Ulysses of two
hundred dollars ($200.00) per
gross acre or five hundred
dollars ($500.00) per gross
hectare of land which
otherwise would have been
acceptable as a recreation
site. The amount of land
which otherwise would have
been acceptable as a
recreation site shall be
determined in accordance with
the standards set forth in
Section 287.2. Such amount
shall be paid to the Town
Board at the time of Final
Plat approval, and no Plat
shall be signed by the
authorized officer of the
Planning Board until such
payment is made. All such
payments shall be held by the
Town Board in a special Town
Recreation Site Acquisition
and Improvement Fund to be
used for the acquisition of
land that:
1.is suitable for public park,
playground, or other
recreational purposes, and
2.is so located that it will
serve primarily the general
neighborhood in which the land
covered by the Plat lies, and
3.shall be used only for park,
playground, or other
recreational land acquisition
of improvements. Such money
may also be used for the
physical improvement of
existing parks or recreation
areas serving the general
neighborhood in which the land
shown on the Plat is situated,
providing the Planning Board
finds there is a need for such
improvements.
287.5 Reserve Strips
Prohibited. Reserve strips of
land, which might be used to
control access from the
proposed subdivision to any
neighboring property, or to
any land within the
subdivision itself shall be
prohibited.
287.6 Preservation of Natural
Features. The Planning Board
shall, wherever possible,
establish the preservation of
all natural features which add
value to residential
developments and to the
community, such as large trees
or groves, water courses and
falls, beaches, historic
spots, vistas, and similar
irreplaceable assets. No tree
with a circumference of 25
inches or more as measured 3
feet above the base of the
trunk shall be removed unless
the tree is within the right-
of-way of a street as shown on
the final Subdivision Plat.
Removal of additional trees
shall be subject to the
approval of the Planning
Board. In no case, however,
shall a tree with a
circumference of 25 inches or
more as measured 3 feet above
the base of the trunk be
removed without prior approval
by the Planning Board.
SECTION 288-289: RESERVED
SECTION 290: WAIVERS;
CERTAIN REQUIRED IMPROVEMENTS
Where the Planning Board finds
that, due to the special
circumstances of a particular
Plat, the provision of certain
29
required improvements is not
requisite in the interest of
the public health, safety, and
general welfare or is
inappropriate because of
inadequacy or lack of
connecting facilities adjacent
or in proximity to the
proposed subdivision, it may
waive such requirements
subject to appropriate
conditions, provided that such
waiver will not have the
effect of nullifying the
intent and purpose of the
Official Map, the Master Plan,
or the Zoning Regulations.
In granting waivers, the
Planning Board shall require
such conditions as will, in
its judgment, secure
substantially the objectives
of the standards or
requirements so waived.
SECTION 291: SEPARABILITY
Should any section or
provision of the regulations
contained herein or as amended
hereafter be declared by a
court of competent
jurisdictions to be invalid,
such decision shall not affect
the validity of the
regulations as a whole or any
part thereof other than the
part so declared to be
invalid.
30