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HomeMy WebLinkAbout1994-07-01 f '1 D APPENDIX : TOWN LAW (EFFECTIVE JULY 1 1"3) § 277. Subdivision review; approval of plats; additional requisites. General requirements 1 . Purpose . Before the approval by the planning board of a plat showing lots, blocks or sites , with or without streets or highways , or the approval of a plat already filed in the office of the clerk of the county wherein such plat is situated if the plat is entirely or partially undeveloped , the planning board shall require that the land shown on the plat be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood , drainage or other menace to neighboring properties or the public health , safety and welfare . 2 . Additional requirements . The planning board shall also require that: Streets (a) the streets and highways be of sufficient width and suitable grade and shall be suitably located to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection , and to provide access of firefighting equipment to buildings . If there be an official map , town comprehensive plan or functional/master plans , such streets and highways shall be coordinated so as to compose a convenient system conforming to the official map and properly related to the proposals shown in the comprehensive plan of the town ; Monuments (b) suitable monuments be placed at block corners and other necessary points as may be required by the board and the location thereof is shown on the map of such plat; Required improvements p p p y graded and (c) all streets or other public laces shown on such plats be suitably paved ; street signs, sidewalks , street lighting standards, curbs, gutters , street trees, water mains, fire alarm signal devices (including necessary ducts and cables or other connecting facilities) , sanitary sewers and storm drains be installed all in accordance I' with standards, specifications and procedures acceptable to the appropriate town departments except as hereinafter provided , or alternatively that a performance bond or other security be furnished to the town , as hereinafter provided . Compliance with zoning 3 . Compliance with zoning regulations. Where a zoning ordinance or local law has been adopted by the town , the lots shown on said plat shall at least comply with the requirements thereof subject, however, to the provisions of section two hundred seventy-eight of this article. Reservation of parkland or cash in lieu 4 . Reservation of parkland on subdivision plats containing residential units. thereof (a) Before the planning board may approve a subdivision plat containing residential units , such subdivision plat shall also show, when required by such board, a park or parks suitably located for playground or other recreational purposes. Required findings (b) Land for park, playground or other recreational purposes may not be required until the planning board has made a finding that a Groper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the town . Such findings shall include an evaluation of the present and antici- pated future needs for park and recreational facilities in the town based on projected population growth to which the particular subdivision plat will contribute. Cash in lieu of parkland (c) In the event the planning board makes a finding pursuant to paragraph (b) of this subdivision that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat , the planning board may require a sum of money in lieu thereof, in an amount to be established by the town board . In making such de- termination of suitability, the board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities , as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood . Any monies required by the planning board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section , shall be deposited into a trust fund to be used by the town exclusively for park, playground or other recreational purposes , including the acqui- sition of property. ddd 5 . Character of the development. In making such determination regarding streets, highways , parks and required improvements , the planning board shall take into con- sideration the prospective character of the development, whether dense residence, open residence , business or industrial . 111 1 APPENDIX• TOWN LAW (EFFECTIVE JULY It 1993) Area variances 6 . Application for area variance . Notwithstanding any provision of law to the con- trary , where a plat contains one or more lots which do not comply with the zoning ordinance regulations, application may be made to the zoning board of appeals for an area variance pursuant to section two hundred sixty-seven-b of this article , without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations . In reviewing such application the zoning board of appeals shall request the planning board to provide a written recommenda- tion concerning the proposed variance . Waivers 7 . Waiver of requirements . The planning board may waive , when reasonable , any requirements or improvements for the approval , approval with modifications or dis- approval of subdivisions submitted for its approval . Any such waiver, which shall be subject to appropriate conditions , may be exercised in the event any such require- ments or improvements are found not to be requisite in the interest of the public health , safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision . Fire alarm devices 8 . Installation of fire alarm devices . The installation of fire alarm signal devices in- cluding necessary connecting facilities shall be required or waived pursuant to this section only with the approval of: (a) the board of supervisors or legislative body of the county if the installation is to be made in an area included in a central fire alarm system established pursuant to paragraph ( h) of subdivision one of section two hundred twenty-five of the county law or ( b) the town board in any other case unless the installation is to be made, in a fire district in a town in which no central fire alarm system has been established pursuant to subdivision eleven-c of section sixty-four of this chapter, in which case only the approval of the board of fire commissioners of such fire district shall be necessary. Required installations of fire alarm signal devices including necessary connecting fa- cilities shall be made in accordance with standards , specifications and procedures acceptable to the appropriate board . Bonds or other security 9 . Performance bond or other security . (a) Furnishing of performance bond or other security . As an alternative to the in- stallation of infrastructure and improvements , as above provided, prior to planning board approval , a performance bond or other security sufficient to cover the full cost of the same , as estimated by the planning board or a town department designated by the planning board to make such estimate , where such departmental estimate is deemed acceptable by the planning board , shall be furnished to the town by the owner. ( b) Security where plat approved in sections . In the event that the owner shall be authorized to file the approved plat in sections , as provided in subdivision ten of section two hundred seventy-six of this article , approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the office of the county clerk or register or the furnishing of security covering the costs of such improvements . The owner shall not be permitted to begin .construction of buildings in any other section until such section has been filed in the office of the county clerk or register and the required improvements have been installed in such section or a security covering the cost of such improvements is provided . (c ) Form of security . Any such security must be provided pursuant to a. written security agreement with the town , approved by the town board and also approved by the town attorney as to form , sufficiency and manner of execution , and shall be limited to : ( i ) a performance bond issued by a bonding or surety company ; ( ii) the deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state ; ( iii) an irrevocable letter of credit from a bank located and authorized to do business in this state ; (iv) obligations of the United States of America; or (v) any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements . 112