HomeMy WebLinkAboutLL #2 of 2008 Subdivision Rules and Regulations
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LOCAL LAW NUMBER 2 OF 2008
SUBDIVISION RULES AND REGULATIONS
OF THE TOWN OF LANSING
History – This Local Law hereby supersedes prior Rules and Regulations pertaining to
subdivisions as previously adopted by the Town of Lansing and the Town of Lansing
Planning Board. This Local Law was originally adopted May 18, 2005, and amended
April 16, 2008 by Local Law Number 2 of 2008.
The Town Board of The Town of Lansing, New York, pursuant to Resolutions dated
April 16, 2008 does hereby adopt and pass a Local Law as follows:
ARTICLE 1. AUTHORITY & PURPOSE: This Local Law is adopted pursuant to
the authority granted the Town of Lansing by Section 10 of the Municipal Home Rule
Law, Sections 130 and 276 of the Town Law, and Article 16 of the Town Law. It is
declared to be the policy of the Town of Lansing to consider land subdivisions as part of
a plan for the orderly, efficient and economical development of the Town of Lansing.
Subdivision classification and development should be consistent with the Town of
Lansing’s Comprehensive Plan, and accordingly, the purpose of the rules, regulations
and standards contained in this Local Law are (1) to promote the safe, sanitary and
efficient subdivisions of land within the Town of Lansing; (2) regulate such subdivision
of land in a manner which will result in orderly growth and development, the adequate
provision of municipal services, and the safe movement of vehicular and pedestrian
traffic; and (3) to establish minimum standards and requirements by which land in the
Town of Lansing is to be subdivided. Pursuant to the New York State Town Law
Sections 271 and 276, the Town of Lansing hereby empowers the Town of Lansing
Planning Board, and other Town of Lansing officials, to act pursuant to this Local Law
and to review and, where appropriate, approve the subdivision of land in the Town of
Lansing.
ARTICLE 2. TITLE: This Local Law shall be known as the “Town of Lansing
Subdivision Law.”
ARTICLE 3: CONSTRUCTION & DEFINITIONS:
Sec. 301 Conflict of Standards: Should any provision, clause, requirement,
or term of this Local Law conflict with or be inconsistent with any provision of
the New York State Town Law, this Local Law shall apply and shall be deemed
to supersede the New York State Town Law pursuant to the powers granted to
the Town of Lansing by the New York State Constitution, Article IX, and the
Municipal Home Rule Law, including § 10 thereof. Despite such supersession,
the Town may apply and/or rely upon the authority and requirements of Town
Law as it pertains to the subdivision of land. . Pursuant to Municipal Home Rule
Law, § 22, the Town hereby states that its intent is: (1) to supersede, by amending
and replacing, existing Town Local Law Number 3 of 2005, adopted May 18,
2005 as Local Law Number 3 of 2005; and (2) to supersede, to the extent of any
conflict in definitions, procedures, or filing and approval requirements: (i) New
York State Town Law §276 (adopted as Laws of 1992, Chapter 727, §1, and
amended by Laws of 1994, Chapter 486, §§ 10 to 13, Laws of 1995, Chapter 423, §
7 to 11, Laws of 1996, Chapter 235, §6, Laws of 1997, Chapter 458 §25), and
Subdivisions 4, 5, 6, 7, 8 and 11 of such §276, mainly to the extent that the Town
has adopted different definitions, different timelines, additional or differing
requirements and responsibilities of Town employees and the Town Planning
Board relative to the review of subdivision and related applications, additional
and/or different requirements for subdivisions and related applications, and
differing standards of review, approvals, and approval procedures; and (ii) New
York State Town Law §277 (adopted as Laws of 1997, Chapter 485 and Laws of
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1992, Chapter 727, and Subdivision 7 thereof, and also including the supersession
of Subdivision 2 to the extent that the Town has added additional requirements.
Though not a matter of supersession addressed by the Municipal Home Rule
Law, the Town has also added and referenced SEQRA requirements within this
Local Law so as to provide a single source document for the convenience of its
citizens and applicants.
Sec. 302 Definitions: Certain specific words and terms hereafter used in
this Local Law are to be interpreted in accordance with the definitions hereafter
set forth, including the plural versions of such words. Whenever such a defined
term appears in this Local Law, the capitalization of that word indicates that the
meaning of such term is based upon the definitions set forth herein.
Boundary Change: Any change in the boundary of any Lot or parcel not creating
a new or additional parcel and not creating a non-conforming parcel.
Conditional Negative Declaration: A determination after an environmental
review, including SEQRA, that any action may include the potential for at least
one significant adverse environmental impact, but that the mitigation measures
identified and/or required by the Lead Agency will modify the proposed action
so that no significant adverse environmental impacts will result from the
proposed action.
Date of Certification: The date upon which a Final Plat is certified.
Date of Presentment: The date upon which a Subdivider submits a completed
Preliminary Plat.
Date of Submission: The date upon which a Subdivider submits the completed
Final Plat of all or a portion of a Subdivision, with all the required data,
documentation and approvals.
DEIS: A Draft Environmental Impact Statement as defined and/or required by
SEQRA.
Double Frontage Lot: Any lot, other than a corner lot, that has frontage on more
than one road right-of-way.
EAF: An Environmental Assessment Form as defined and/or required by
SEQRA.
Easement: A permanent authorization affecting real property, given by a
property owner, for the use of a designated portion of property by another for a
specific purpose.
EIS: an Environmental Impact Statement as defined and/or required by SEQRA.
Enforcement Officer: Any person designated by the Town to make any
determinations permitted, authorized, or required in this Local Law, specifically
including the Town’s Zoning and Code Enforcement Officer.
Environmental Review: Any review mandated by law, and including, but not
limited to, a review pursuant to the New York Environmental Conservation Law
and 6 NYCRR Part 617, commonly known as SEQRA.
Exempt Subdivision: Means (1) any Subdivision that is exempt by the express
terms of this Local Law, and/or, (2) any Subdivision that qualifies for and is
granted a waiver from the formal requirements of this Local Law pursuant to
Article 9 of this Local Law.
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FEAF: A “Full Environmental Assessment Form” or environmental impact form
required for Type I actions and certain unlisted actions as defined in or as
required by SEQRA or the Planning Board.
Fee Schedule: Any Town fee schedule then or currently in effect.
FEIS: A “Final Environmental Impact Statement” as defined by or required by
SEQRA.
Final Plat: The final map of all or a portion of the Subdivision, with all required
supporting data, documentation, and approvals, which, if approved, could be
endorsed by the Planning Board and filed in the County Clerk’s office.
Flag Lot: A flag lot is a building lot of the required size and area that exists or is
created on back acreage or landlocked acreage that would lack the minimum
road frontage for a normal building lot. Shapes of flag lots are generally in the
shape of a fag with flagpole, with the pole being the driveway.
Infrastructure: Roads, drainage, culverts, bridges and utilities, stormwater
facilities, and other and similar appurtenances designed, built, installed or used
to support development of Lots and Subdivisions.
Lead Agency: The Person designated pursuant to SEQRA who is generally
responsible for conducting an Environmental Review and coordinating, together
with other involved agencies (and/or, if applicable, other interested agencies) the
SEQRA review process.
Lot: Any parcel, plot, site, gore (an irregular piece or tract of land, often isolated)
or tract of land separated from other parcels, plots, sites gores, or tracts of land
by description or law, such as may be shown upon a subdivision map, a Survey
map, tax maps, or by other metes and bounds.
Major Subdivision: The Subdivision of land into 5 or more Lots in any
consecutive 3 year period where there are Roads or Infrastructure that need to be
developed, built and/or dedicated for use.
Minor Subdivision: The Subdivision of land into 4 or less Lots in any
consecutive 3 year period where there are no Roads or Infrastructure that need to
be developed, built and/or dedicated for use. Infrastructure that relates to
Stormwater facilities that is (i) not significant in terms of structural complexity,
and (ii) not significant in terms of land area disturbance, and/or (iii) which is
privately maintained will not, standing alone, convert a Minor Subdivision into a
Major Subdivision. The Enforcement Officer shall make an initial determination
in this regard, and may seek the input of the Planning Board in relation thereto.
Negative Declaration: A determination, after an Environmental Review, that
there are no significant adverse environmental impacts as defined in and by
SEQRA.
Performance Guarantee: A form of security approved by the Town that has the
effect of providing a guarantee that all improvements to be made by the
Subdivider will be made and constructed in accord with the requirements of this
Local Law, the requirements of the Town, and the terms and requirements of any
approved subdivision or plat. A Performance Guarantee may include
performance bonds, escrow agreements, letters of credit, cash, and other or
similar collateral or surety agreements.
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Person: Any individual, firm, partnership, agency, association, corporation,
company, board, official, or entity or organization of any kind.
Planning Board: The Planning Board of the Town.
Positive Declaration: A determination, after an Environmental Review, that an
action or a proposed project will result in significant adverse environmental
impacts as defined in and by SEQRA thus requiring an EIS.
Preliminary Plat: Drawing(s) submitted for Planning Board review clearly
marked “Preliminary Plat” that show the proposed layout of the Subdivision and
that (i) meet the requirements of this Local Law, and (ii) contain(s) all the
supplementary data required by this Local Law.
Private Road(s): A road, street, avenue, lane, alley or other way which is
intended to provide non-public access to any Lot(s), whether improved or
unimproved. A Private Road shall, at all times and in regard to all references
thereto in this Local Law, meet minimum vehicle and emergency vehicles access
and construction requirements as set forth or required by the Town Highway
Superintendent.
Road: Any street, avenue, highway, boulevard, lane, parkway, alley or other
way which is an existing State, County, or Town roadway, or a proposed State,
County, or Town roadway as shown on the Town Master Plan, any Preliminary
Plat or Final Plat, or as duly filed and recorded in the office of the County Clerk.
Roads include all land in rights-of-way identified or earmarked as present, to-be-
built, or future street, avenue, highway, boulevard, lane, parkway, alley or other
way, whether improved or unimproved. As used in this Local Law, a Road does
not include Private Roads.
SEQRA: The New York State Environmental Quality Review Act and the
regulations promulgated there under or in association therewith, such as, but not
limited to, the SEQRA implementing regulations at 6 NYCRR Part 617.
Sketch Plan: Any drawing(s) of a proposed Subdivision made with sufficient
accuracy and detail as to substantially comply with Section 601 of this Local Law
and submitted to the Planning Board for the purpose of discussion and
classification in accordance with the provisions of this Local Law.
Subdivider: Any person or entity, and any agent thereof, who seeks to or does
subdivide any Lot or land, or proposes to subdivide any Lot or land.
Subdivision: The division of any lot, tract or parcel of land into two or more
parcels, lots, plots, tracts, sites, and including any other form of division of land
for any purpose, including leasing, whether immediate or future, and whether or
not new buildings or development is planned or may occur.
Survey: A map with key features and boundaries identified as to real property,
Lots, or improvements, existing and/or proposed, with all lines and boundaries
described by metes and bounds and prepared by a Person authorized under the
Education law of the State of New York to certify such map, including, but not
limited to engineers, architects, and licensed land surveyors.
Town: The Town of Lansing, Tompkins County, New York, and whenever
applicable or the context so permits or requires, the elected officials, officers,
superintendents, assistant superintendents, employees and agents of the Town.
Town Board: The Town Board of the Town.
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ARTICLE 4: EXEMPT SUBDIVISIONS:
Sec. 400. Exempt Subdivisions: Subdivisions involving the subdividing of a
Lot into 4 or fewer Lots, where each Lot is not less than 1 acre and has not less
than 150 feet of frontage on a public highway, are exempt from the formal
subdivision procedures of Article 5 of this Local Law, so long as (1) no new
public Roads or Private Roads are proposed, required or created; and (2) no
extensions of public water or sewer mains or other Infrastructure are proposed,
required or created, and (3) there have not been, and will not be, 5 or more Lots
created or previously created within any 3 year consecutive period upon,
adjacent to, or in relation to the proposed Exempt Subdivision, whether by the
same or any other Subdivider, and (4) the Town’s Enforcement Officer reviews a
Sketch Plan of the proposed Subdivision and places a seal thereupon. If the
Enforcement Officer believes, for any reason, that there are special circumstances
involved with granting Exempt Subdivision status, including, but not limited to,
topography, prior subdivisions of any one or more involved, adjacent, or related
Lots, the effects upon agricultural districts, the effects upon Cayuga Lake and its
tributaries, highway safety, and/or any hazard or potential hazard to life,
property or public peace or welfare, the Enforcement Officer may refuse Exempt
Subdivision status and refer the proposed Subdivision and Sketch Plan to the
Planning Board for review and classification. The Enforcement Officer’s
summary determination that the proposed Subdivision does not qualify as an
Exempt Subdivision is binding upon the Planning Board, but does not prevent
the Planning Board from making an independent declaration that the
subdivision is an Exempt Subdivision pursuant to the provisions of Article 9 of
this Local Law. An Exempt Subdivision is not exempt from Stormwater
requirements, SEQRA, or the requirements of any other applicable laws,
regulations, or rules.
Sec. 401. Notice to the Planning Board: Upon making any determination
relating to an Exempt Subdivision application the Enforcement Officer shall give
prompt notice of such determination to the Planning Board. If any Exempt
Subdivision status was granted, the Enforcement Officer shall deliver a copy of
the sealed drawing, map, sketch, Sketch Plan and/or Survey to the Planning
Board.
ARTICLE 5: PROCEDURES FOR FILING A SUBDIVISION APPLICATION:
Sec. 500. Purpose & Applicability: The purpose of this Article is to set forth
the step-by-step actions that shall be followed for a Subdivision of land in the
Town of Lansing. All Subdivisions shall require Town approval. Town
approval may be provided by the Enforcement Officer, the Planning Board,
and/or the Town Board, depending upon the classification of the proposed
Subdivision.
Sec. 501. Informal Consideration – Developer’s Conference: Prior to
developing plans or submitting any Sketch Plan, the Subdivider may wish to
discuss with the Enforcement Officer and/or the Planning Board the scope and
intent of the proposed Subdivision. The purpose of such a meeting is to give the
Subdivider an opportunity to consult with the Town informally at an early stage.
Sec. 502. Sketch Plan Submission:
A. APPLICATION MATERIALS: Prior to subdividing or re-
subdividing any Lot, the Subdivider shall submit (i) 14 copies (reduced to
approximately half size) of a Sketch Plan of such proposed Subdivision,
(ii) all supplementary material specified in Section 601, (iii) a written
request for approval, and (iv) a Sketch Plan submission fee computed in
accordance with the Fee Schedule then in effect. Such items shall be
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submitted to the Enforcement Officer. Such items shall be submitted at
least 10 business days prior to the Planning Board meeting at which the
Sketch Plan may be considered. No Sketch Plan application will be or be
deemed complete until all requirements of this Section 502(A) have been
met. Once all such requirements are met and such fee paid, the
Enforcement Officer shall promptly transmit the Sketch Plan application
and materials to the Planning Board. Prior to reviewing any Sketch Plan
and/or referring any Subdivision or Sketch Plan to the Planning Board,
the Enforcement Officer shall require that the Subdivider pay a deposit to
cover the reasonable estimated future legal and engineering expenses of
the Town. With the approval of the Town Supervisor, the Enforcement
Officer may waive this deposit requirement. Any unused deposit shall
either be refunded by the Town or applied to any other obligation of the
Subdivider.
B. SKETCH PLAN MEETING: The Planning Board will discuss the
Sketch Plan with the Subdivider, and will address issues such as existing
development, public facilities and services, the Town Comprehensive
Plan, Zoning, and adjacent landowners, community concerns and issues,
site issues, and any requested, potential, and/or required changes to the
Sketch Plan. The meeting may be adjourned to allow the Subdivider to
develop final Sketch Plans and to submit any additional data deemed
necessary by the Planning Board.
C. CLASSIFICATION OF SKETCH PLAN: Once a final Sketch Plan
has been developed and submitted, the Planning Board shall classify the
Sketch Plan. The Planning Board must classify a Sketch Plan as either (1) a
one lot Subdivision, (2) a Minor Subdivision, (3) a Major Subdivision, or
(4) pursuant to Article 9, an Exempt Subdivision. Such classification shall
be based on, but need not be limited to, the following criteria: location in
the Town, frontage on Roads, the creation of new Roads or Private Roads,
and/or the need for additional Infrastructure. Any Subdivision that
possesses any one or more characteristics of a Major Subdivision, or that
may be classified as a Major Subdivision, shall require a public hearing.
Any other Subdivision is not required to have a public hearing, but the
Planning Board may opt to conduct a public hearing if it desires.
D. NOTIFICATION OF CLASSIFICATION: The Planning Board shall
notify the Subdivider of any classification decision within 10 business
days of such decision. If the Subdivision is classified as a major
Subdivision, Preliminary Plat and Final Plat approval, as described in this
Article 5, shall be mandatory.
E. NOTIFICATION REQUIREMENTS FOR PUBLIC HEARINGS: In
the event of the scheduling of any public hearing, the Enforcement Officer
shall notify all Persons residing or owning land within 600’ of the
boundary of any Lot proposed to be subdivided. The determination of
which Persons are entitled to notification of any public hearing shall be
based upon the records of land ownership possessed by the Tompkins
County Assessment Office. All public notice publication, posting and
mailing fees and expenses incurred by the Town, together with all mailing
charges to any Persons entitled to notice hereunder, shall be the
responsibility of the Subdivider. The minimum fee for such notification
services is $45.00. All public hearings shall require the publication and
posting of notice thereof at least 14 days in advance of the public hearing
in accordance with applicable law.
Sec. 503. One Lot Subdivisions: One lot Subdivisions that do not require
the building or dedication of Roads or other Infrastructure may be approved and
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sealed by the Planning Board immediately after or during the Sketch Plan
Conference.
Sec. 504. Minor Subdivisions: Minor Subdivisions that require the building
of Roads and infrastructure that do not require public dedication (such as, but
not limited to, Private Roads, water service not requiring a district or district
boundary extension, etc.) may be approved and sealed by the Planning Board
once the requirements of a Sketch Plan are met and the boundaries of each Lot
are set forth upon a Survey displaying metes and bounds descriptions for each
Lot.
Sec. 505. Major Subdivision - Preliminary Plat Submission:
A. APPLICATION MATERIALS: Following Planning Board action on
a Sketch Plan, the Subdivider shall submit 2 full size and 14 reduced
copies of a Preliminary Plat and supplementary material as specified in
Section 602, along with a written request for approval, to the Enforcement
Officer. The Preliminary Plat shall be submitted at least 10 business days
prior to the Planning Board meeting at which it is to be considered. All
drawings shall be clearly marked “Preliminary Plat”. Submissions shall
be accompanied by a fee in accordance with the Fee Schedule then in
effect. No Preliminary Plat application will be or be deemed complete
until all requirements of this Section 503(A) have been met. Once all such
requirements are met and such fee paid, the Enforcement Officer shall
promptly transmit the Preliminary Plat application and materials to the
Planning Board.
B. PRELIMINARY PLAT MEETING: The Preliminary Plat drawing
shall be reviewed by the Planning Board for compliance with any Sketch
Plan conditions or requirements, and for compliance with the provisions,
conditions and requirements of this Local Law. In the event the Planning
Board determines that there is any missing or incomplete information or
data, or that any provision, condition, or requirement is missing,
incomplete, or inadequately addressed, the Planning Board may return
the Preliminary Plat drawing and/or application materials to the
Subdivider. The Planning Board may also, but is not required to, make or
provide suggestions as to how to bring the Preliminary Plat drawings or
materials into compliance.
C. FINAL PRELIMINARY PLAT/DATE OF PRESENTMENT: If or
once the Preliminary Plat has been declared by the Planning Board as a
final Preliminary Plat, such date of declaration shall be and be deemed the
Date of Presentment. A final Preliminary Plat shall not be a complete or
completed Preliminary Plat until, in accordance with Town Law Section
276(5)(c), the final Preliminary Plat has been subjected to the requirements
of SEQRA and a Negative Declaration or Conditional Negative
Declaration is filed, or until a notice of completion of a DEIS has been filed
and a FEIS has been reviewed and approved in accordance with the
requirements of SEQRA. All time periods for review of a completed
Preliminary Plat shall not begin to run until these Section 276(5)(c)
requirements have been fulfilled.
D. REFERRAL OF PRELIMINARY PLAT: The Enforcement Officer
shall forthwith and promptly refer the completed Preliminary Plat (1) to
the County Planning Department, in compliance with Section General
Municipal Law Sections 239-k, 239-l, 239-m, 239-n and/or 239-nn, as
applicable, and (2) to the Town Board, for a review of the Roads and
Infrastructure so as to assure compliance with Town specifications,
planning, and requirements. If the Subdivision is also located in or
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partially in a designated Agricultural District, any applicable
requirements of the Agriculture and Markets Law shall apply, together
with any rules or regulations of the New York State Commissioner of
Agriculture.
E. PREREQUISITES TO APPROVAL OF PRELIMINARY PLAT: The
Planning Board shall not approve any preliminary Plat until each and all
of the following prerequisites have been adequately met:
1. The Town Board has approved the specifications, locations,
and plans for each and all proposed Roads and Infrastructure;
2. The Planning Board has scheduled and held a public hearing
on the completed Preliminary Plat (such public hearing may, in the
discretion of the Planning Board, run concurrently with SEQRA
public hearings as required by Subparagraph F below). Public
hearing(s) must be held within 45 days of the Date of Presentment.
The public hearing shall be advertised in a newspaper of general
circulation in the Town at least 14 days before such hearing. In all
cases, the Planning Board shall close such hearing upon motion
within 120 days of the date the hearing was first opened. The
Enforcement Officer shall notify all Persons residing or owning
land within 600’ of the boundary of any Lot proposed to be
subdivided. The determination of which Persons are entitled to
notification of any public hearing shall be based upon the records
of land ownership possessed by the Tompkins County Assessment
Office. All public notice publication, posting and mailing fees and
expenses incurred by the Town, together with all mailing charges
to any Persons entitled to notice hereunder, shall be the
responsibility of the Subdivider. The minimum fee for such
notification services is $45.00.
3. The Planning Board, or applicable Lead Agency, shall have
conducted an Environmental Review and issued a Negative
Declaration or a Conditional Negative Declaration. If a Positive
Declaration is declared, the Preliminary Plat shall not be approved
until the EIS is submitted and reviewed, and a FEIS is submitted
and approved.
F. SEQRA: A SEQRA hearing shall be required for all Preliminary
Plats.
1. It shall be the responsibility of the Planning Board (i) to
identify all involved and interested agencies, (ii) to identify,
nominate, and select a Lead Agency, (iii) to issue, as applicable a
Notice of Intent to act as Lead Agency, (iv) to notify all interested
and involved agencies of the proposed action, and (v) when
applicable, to conduct independent and coordinated
Environmental Reviews.
2. It shall be the responsibility of the applicant to submit a
proper and complete EAF or FEAF, as applicable or required.
3. The Planning Board shall schedule and open the SEQRA
public hearing within 45 days of the Date of Presentment and
within 30 days of determining that the EAF or FEAF is accurate and
complete. The public hearing shall be advertised in a newspaper of
general circulation in the Town at least 14 days before each hearing,
and any continuation of any public hearing.
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4. In all cases, the Planning Board shall close such public
hearing, upon motion therefor, within 120 days of the date the
hearing was first opened.
5. All public notice publication, posting and mailing fees and
expenses incurred by the Town, together with all mailing charges
to any Persons entitled to notice hereunder, shall be the
responsibility of the Subdivider. The minimum fee for such
notification services is $45.00.
6. If the Planning Board determines that an EIS is required and
holds a public hearing upon the DEIS, the FEIS must be filed within
45 days of the close of the public hearing. If no public hearing is
held on the DEIS, the FEIS shall be filed within 45 days of the close
of the public hearing on the Preliminary Plat.
G. DETERMINATION DEADLINES: Within 62 days after the date of
the close of the SEQRA public hearing, the Planning Board shall either
approve the Preliminary Plat, approve the Preliminary Plat with
conditions, or reject the Preliminary Plat. Such determination shall be
made in accord with this Local Law, the laws of the State of New York, the
Land Use Ordinance then in effect in the Town, the Town Comprehensive
Plan, and the following additional considerations and factors:
1. If any of the Prerequisites listed in Section 503(E) are not
met, then the Planning Board shall reject the Preliminary Plat.
2. If the Lead Agency makes a Positive Declaration, then the
Preliminary Plat shall be deemed rejected until the requirements of
SEQRA are met, including but not limited to the completion,
submission and review of any DEIS, EIS and/or FEIS. If an EIS is
required, the Lead Agency must make its findings statement on a
FEIS and make its determination upon the Preliminary Plat no
sooner than 10 days after receipt of the FEIS from the applicant and
no later than 30 days after receipt of the FEIS from the applicant,
pursuant to Town Law Section 276(5).
3. If the Lead Agency makes a Negative Declaration, the
Planning Board may reject the Preliminary Plat, approve the
Preliminary Plat, or approve the Preliminary Plat with conditions.
All grounds for rejection, and the terms and grounds of any
conditional approval, shall be stated in the records of the Planning
Board.
H. AUTOMATIC APPROVAL: In the event the Planning Board fails
to take action on the Preliminary Plat within 45 days of the Presentment
Date, such Preliminary Plat shall be deemed to have received preliminary
approval, subject to the requirements of SEQRA. This deadline may be
extended by the written mutual agreement of the Subdivider and the
Planning Board.
I. APPROVAL PROCEDURES: The Planning Board shall state the
conditions of such approval, if any, with respect to (1) any changes or
conditions required before the Preliminary Plat may be submitted for
consideration as a Final Plat, and (2) the character and extent of the
required improvements for which variances have been granted. The
action of the Planning Board, as recorded in its minutes, plus any changes,
conditions, waivers, or variances shall be noted on, or attached to, three
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copies of the Preliminary Plat. One copy shall be returned to the
Subdivider, one retained by the Planning Board, and one retained by the
Enforcement Officer. A copy of the Planning Board Resolution granting
approval of the Preliminary Plat, together with a copy of the final
Preliminary Plat, shall be filed in the Office of the Town Clerk within 5
days of adoption, and a copy of such Resolution shall be mailed to the
applicant pursuant to Town Law Section 276(7).
J. LIMITATIONS UPON APPROVAL: Approval of a Preliminary
Plat shall not constitute approval of the Final Plat. Rather, it shall be
deemed (i) an expression of general approval of the design and layout of
the proposed Subdivision submitted, and (ii) as a guide to the preparation
of the Final Plat. Prior to approval of the Final Plat, the Planning Board
may require additional changes as a result of further study of the
Subdivision, or as a result of any change in law or any new information
discovered, disclosed, or obtained.
K. WAIVER OF APPROVAL BY SUBDIVIDER: A completed Final
Plat application must be submitted within 6 months of the date of
approval of the Preliminary Plat. If the Subdivider fails to meet this
deadline, then the approval of the Preliminary Plat is and shall be
automatically revoked, without need of any formal action by the Town.
The Subdivider may request and be granted an extension of such deadline
by the Town pursuant to Article 9 of this Local Law. The Town may
withhold its consent for a deadline extension for any or no reason, without
recourse by the Subdivider or any Person.
Sec. 506. Final Plat Submission:
A. TIMING & APPLICATION REQUIREMENTS: The proposed Final
Plat for the Subdivision shall be submitted to the Enforcement Officer for
transmittal to the Planning Board within 6 months from the date of
approval of the Preliminary Plat. No action on a Preliminary Plat shall be
taken until the Code Officer declares that the application is complete and
final. All proposed Final Plats shall be prepared, signed, and sealed by a
land surveyor licensed in the State of New York. The proposed Final Plat
shall be submitted to the Enforcement Officer at least 10 business days
prior to the Planning Board meeting at which it is to be considered. Two
full size and 14 reduced copies of the proposed Final Plat drawing, the
written request for approval, and all supporting documents as specified in
Section 603 of this Local Law shall be submitted. All submissions shall be
accompanied by a fee in accordance with the Fee Schedule then in effect.
No Final Plat application will be or be deemed complete until all
requirements of this Section 506(A) have been met. Once all such
requirements are met and such fee paid, the Enforcement Officer shall
promptly transmit the proposed Final Plat application and materials to the
Planning Board. The date that the completed Final Plat application, fee,
and materials are submitted to the Enforcement Officer shall be and be
deemed the Date of Submission.
B. FINAL PLAT REQUIREMENTS: The Final Plat shall conform
substantially to the approved Preliminary Plat. If the Subdivider so
desires, and upon approval by the Planning Board, the Final Plat may
consist of only that portion of the Preliminary Plat that is to be developed
and recorded at the time, provided that the Planning Board is satisfied
that approval by phases will lead to the orderly development of the entire
plat. Each subsequent phase shall be reviewed under and pursuant to the
then current Town requirements at the time the subsequent phases are
submitted. If any subsequent phase is submitted for Final Plat approval
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more than 2 years after any prior Final Plat for any phase was approved,
the Planning Board may require that the prior Preliminary Plat be re-
submitted for review under Section 505 hereof as if the prior approval of
the Preliminary Plat had not occurred.
C. PUBLIC HEARING: Within 45 days of the Date of Submission, a
second public hearing may be held by the Planning Board. This hearing,
if held, shall be advertised in a newspaper of general circulation in the
Town at least ten 10 days before such hearing. All public notice
publication, posting and mailing fees and expenses incurred by the Town,
together with all mailing charges to any Persons entitled to notice
hereunder, shall be the responsibility of the Subdivider. The minimum fee
for such notification services is $45.00. However, if a Final Plat submitted
to the Planning Board is determined not to be in substantial compliance
with the approved Preliminary Plat, the Planning Board shall hold a
public hearing on the Final Plat, and the Final Plat must undergo a de novo
review pursuant to SEQRA. Such public hearing(s) shall be scheduled
and conducted within 62 days after receipt of the proposed Final Plat.
D. DETERMINATION DEADLINE: The Planning Board shall act on a
Final Plat within 62 days of the later of either the Date of Submission of
the Final Plat or the close of any SEQRA public hearing upon the Final
Plat, if required. By resolution, the Planning Board may approve,
conditionally approve, or disapprove the Final Plat. Any resolution to
conditionally approve a Final Plat shall only authorize the sealing and
endorsement of said Plat when (1) each and all of the conditions stated in
the resolution have been met, and (2) all required changes have been
made to, referenced and/or completed upon the plat. This deadline may
be extended by the written mutual agreement of the Subdivider and the
Planning Board.
E. AUTOMATIC APPROVAL: If the Planning Board fails to act upon
the Final Plat within the time period specified above, the Final Plat shall
be deemed approved, subject to SEQRA. In such case, the Enforcement
Officer shall issue a certificate as to such failure to take action. Such
certificate shall be sufficient, in lieu of approval and endorsement of the
Final Plat, and shall enable the Subdivider to file the Final Plat in
accordance with Section 505 of this Local Law, subject to SEQRA.
F. CERTIFICATION OF FINAL PLAT: Within 7 business days from a
Planning Board resolution of approval, the Final Plat shall be certified by
the Chairman of the Planning Board (or by any other Person so designated
by the Planning Board). A copy thereof shall be delivered to the
Subdivider together with a copy of that section of the minutes that
contains the approval or conditional approval of the Final Plat. The date
that the Chairman (or other approved Person) certifies the Final Plat shall
be the Date of Certification.
Sec. 507. Filing of Approved and Endorsed Final Plat:
A. ENDORSEMENT DEADLINE: Within 180 days after the Date of
Certification all conditions are required to be fulfilled and all
improvements shall be made or suitably guaranteed pursuant to Section
803 of this Local Law. If the Subdivider fails to fulfill such conditions or
make or guarantee such improvements within such 180 days, the Final
Plat may not be endorsed unless the Subdivider re-submits the proposed
Final Plat for review under this Local Law or obtains a variance or waiver
pursuant to Article 9 of this Local Law. If the Subdivider fulfills all
required conditions and makes or suitably guarantees all improvements,
Page 12 of 35
then the Final Plat, or any section thereof, shall be endorsed by the
Chairman of the Planning Board (or a duly authorized Person appointed
by the Planning Board). If for any or no reason a Final Plat is not
endorsed within 180 days of the Date of Certification, any approval or
conditional approval shall expire. The Planning Board may extend this
time period, but such extension shall not exceed two consecutive 90-day
periods.
B. ENDORSEMENT REQUIREMENTS: The endorsement of the Final
Plat shall not occur until:
1. The Town Board has reviewed and/or accepted: (i) all land
and areas of use proposed to be deeded or dedicated to the Town
for roads, parks, playgrounds, recreation areas, open spaces, or
other public purposes, and (ii) all easements and rights-of-way for
any or all utilities and Infrastructure.
2. The Planning Board has reviewed and approved any
covenants or deed restrictions that the Subdivider proposes to
apply to the Subdivision. Planning Board review shall include any
Town Board comments or recommendations upon such covenants
or deed restrictions.
C. FILING REQUIREMENTS: Endorsed Final Plats must be filed by
the Subdivider with the Planning Board, the County Assessor, and the
County Clerk within 60 days of the Date of Endorsement (or within 60
days of the certification of the Planning Board’s failure to act, as
referenced in Section 504(E) of this Local Law). Any Final Plat not filed
within 60 days of the Date of Endorsement (or the date of certification
pursuant to Section 504(E-). of this Local Law) shall be null and void, and
the Subdivider must again submit any proposed subdivision for review
under this Local Law, unless a waiver or variance is or has been granted
pursuant to Article 9 of this Local Law. The Subdivider shall notify the
Enforcement Officer, in writing, when the Final Plat has been filed with
the County Clerk.
D. ENDORSEMENT REQUIRED FOR FILING: No plat, Preliminary
Plat, Final Plat, map, Survey, Sketch Plan, drawing, or like document, that
shows or displays any subdivision of Land shall be accepted for filing by
the County Clerk unless it has been duly approved by the Enforcement
Officer or endorsed by the Planning Board. No Person may rely upon any
unendorsed plat, Preliminary Plat, Final Plat, map, Survey, Sketch Plan,
drawing, or like document for any reason, and any such plat, Preliminary
Plat, Final Plat, map, Survey, Sketch Plan, drawing, or like document shall
be invalid.
E. ALTERATIONS PROHIBITED: No document shall be altered or
revised after it has been approved, conditionally approved, certified,
sealed or endorsed by the Enforcement Officer or the Planning Board.
Any such alterations or revisions shall cause said document to be, become,
and remain invalid, null and void.
F. BUILDING PERMITS: The Town shall not issue any building
permits for any construction in any Subdivision unless (i) the subdivision
has been duly approved and sealed by the Planning Board or the
Enforcement Officer, and (ii) the subdivision Final Plat or map has been
duly and properly filed in the office of the County Clerk, and (iii) the Final
Plat or map has not been invalidated for any reason, including, but not
limited, unlawful alterations or revisions.
Page 13 of 35
Sec. 508. Completion of the Subdivision: In the event a Subdivider elects to
construct a Subdivision in phases, each phase shall be separately submitted for
Final Plat approval and each phase shall be substantially completed (or have
approved and accepted performance guarantees for completion) within 2 years
from the date of Preliminary Plat approval. Phases that do not comply with this
completion schedule may, by resolution of the Planning Board and with the
concurrence by the Town Board, have the Preliminary Plat approval withdrawn
and cancelled. In such cases, the Subdivider shall begin the Subdivision
approval process anew.
Sec. 509. Amending Final Plats: An amendment to any endorsed and filed
Final Plat may only be allowed for good cause, and any such amendment that
proposes any further Subdivision or the creation of any Lot(s) shall be classified
as a Major Subdivision.
ARTICLE 6: PLAT DETAILS:
Sec. 600. Purpose: The purpose of this Article is to establish a uniform
format for the submission of all Subdivision materials, and to specify the
information that must be included on and with all Subdivision submissions.
Sec. 601. Sketch Plans: The following information shall be submitted with
all Sketch Plans:
A. A location map identifying and showing (1) the subdivision by
name, and (2) the owner of record, and (3) existing roads and utility
rights-of-way, and (4) the names of adjacent property owners on all sides
and within 600 feet.
B. A sketch drawing (1) of the proposed layout of roads, lots,
easements, Infrastructure, driveways, and any other features, (2)
indicating lot dimensions and the general location of size of Roads,
easements, rights-of-way and lighting, if and as applicable. The Sketch
Plan shall also indicate the scale, date, north arrow and acreage of each
area and Lot.
C. A general indication of existing natural features, including
topography, streams, water bodies, ditches, buildings, and large trees and
tree masses.
D. In all cases, except as to proposed Subdivisions that will not require
Stormwater review under and pursuant to the Town Stormwater and
Erosions Control Local Law, general information regarding proposed
storm-water detention and drainage plans, an identification of water
supply sources and sewage treatment plans, and any proposed protective
covenants or deed restrictions proposed to affect any Lots.
E. A properly completed EAF or FEAF, as required by SEQRA or the
Planning Board.
Sec. 602. Preliminary Plat: A Preliminary Plat shall be submitted at a scale
of one inch equals 100 feet or one inch equals 50 feet, or another scale approved
by the Planning Board, whichever most clearly illustrates the Subdivider’s
proposal. The Preliminary Plat shall contain sufficient information to establish
the design, arrangement, location, and dimensions of all Roads, Lots, driveways
and other features proposed by the Subdivider or required by the Planning
Board as a result of the Sketch Plan review. The Preliminary Plat shall also
include all the information listed below.
Page 14 of 35
A. Identification: The name of the Subdivision, the name and address
of the owner of record of all affected real property, the names of all
abutting property owners, a scale legend, a north arrow, and the date of
the Preliminary Plat drawing/Survey.
B. Topography: The preliminary Plat shall identify contours for the
entire area to be subdivided (or for the phase to be submitted for Final
Plat approval) with contour intervals of 2 feet on slopes of less than 10%
and 5 feet on slopes of 10% or greater.
C. Property Boundary: A boundary Survey for the area proposed to
be subdivided must be provided. Such Survey must contain or provide
(1) an accurate metes and bounds description of the boundaries of the
proposed Subdivision, and (2) all course bearings and distances, and (3) a
calculation of the total affected area to the nearest hundredth of an acre.
All boundary Surveys must be prepared and sealed by a licensed land
Surveyor.
D. Soils: An analysis of existing soils in the development area is
required. Such analysis shall include (1) a disclosure of any indicators of
the existence or potential existence of any permanent or intermittent
wetlands, and (2) a disclosure of any floodable or intermittently flooded
areas, and (3) a statement as to the depth to bedrock, and (4) a statement
as to the depth to any seasonal water table. Percolation and deep hole test
results may be required by the Planning Board for review and approval by
the Tompkins County and/or New York State Health Departments. The
Planning Board may require that the Tompkins County Health
Department (or its equivalent) certify the proposed Preliminary Plat.
E. Existing Features: Location and dimension of (1) all existing roads,
easements and utility rights-of-way, and (2) all existing culverts, ditches,
streams, water bodies, large trees or tree masses, and (3) all property lines,
buildings, and improvements, including wells, septic systems, and related
appurtenances.
F. Proposed Features: The Subdivider must supply a general layout
of the proposed Subdivision, including (1) Lot lines, courses and
distances, and (2) approximate area and frontage dimensions for each Lot,
and (3) the approximate location and size of all easements, and (4) for all
Roads, (i) the lines, courses, and distances of all right-of-way lines, (ii) the
proposed names of such Roads, (iii) the cross-section and approximate
grade of all proposed Roads, (iv) the approximate elevations at all
intersections, and (v) the location and points of access of all driveways,
private access driveways, and Private Roads.
G. Open Space: The location and approximate area of all land
proposed to be reserved for recreation or open space use.
H. Utilities: The Subdivider must supply (1) the proposed source of
any water supply, and (2) the method of sewage disposal, and (3) the
approximate location, size and profile of all water and sewer lines,
including those proposed to be connected to any public utility system.
I. Drainage: A completed Stormwater Pollution Prevention Plan that
is consistent with The Town’s Local Law for Stormwater and Erosion
Control.
Page 15 of 35
J. Other Features: Other features shall be included as may be
required by the Planning Board, including but not limited to proposals for
public use areas, fire protection, street lighting, street trees and other
forms of landscaping or public use areas.
K. Environmental Assessment: A properly completed EAF or FEAF,
as required by law or the Planning Board.
L. Covenants: A statement of covenants or deed restrictions that are
proposed to apply to the Subdivision.
M. Phasing: If the Subdivision is to be developed in phases, the
Preliminary Plat shall indicate such phasing and the approximate timing
for each phase.
Sec. 603 Final Plat: The Final Plat shall be drawn at a scale of one inch
equals 100 feet or one inch equals 50 feet, or another scale approved by the
Planning Board, whichever most clearly illustrates the Subdivider’s proposal.
All maps and supplementary data shall be submitted for that portion of the
Subdivision for which final approval is requested. Such Final Plat submission
shall be prepared by a licensed land surveyor or engineer, and shall include all
relevant identification and location information shown on the Preliminary Plat
(or the Sketch Plan Survey in the case of a Minor Subdivision). In addition, the
Final Plat shall include, or be accompanied by, the following information:
A. Boundary: The Subdivider shall submit a Survey showing the
exact boundary lines of the tract to be subdivided that shows all
dimensions to the nearest one-hundredth of a foot, all angles to the
nearest one-half minute (if required), and all bearings. Such Survey must
also contain or provide a calculation of the area of each proposed Lot to
the nearest hundredth of an acre. All Surveys must be prepared and
sealed by a licensed land surveyor.
B. Roads: Road drawings, Surveys, and specifications shall be
provided that show (1) all right-of-way lines with center lines showing
angles of deflection, (2) angles of intersection, (3) radii, (4) lengths of
tangents and arcs, and (5) degree of curvature, with the basis of curve
data. Lengths and distances shall be to the nearest one-hundredth foot
and angles shall be to the nearest half-minute. All new Roads shall be
named. Wherever practical or convenient, Roads and Private Roads (and
their related turnarounds) shall be extended to the boundaries of the
Subdivision, in part, so as to facilitate connections to potential future
Roads and Private Roads.
C. Lot Lines: Sufficient data shall be provided to readily determine
the location, bearing, and length of all Lot lines, so as to be able to
reproduce such Lot lines on the ground.
D. Drainage: A completed Stormwater Pollution Prevention Plan that
is consistent with (1) the Town’s Local Law for Stormwater and Erosion
Control and (2) with the terms of any Preliminary Plat approval or
conditional approval.
E. Health Department: The Subdivider shall provide all necessary,
required, or requested approvals from the New York State and/or
Tompkins County Health Department relative to the proposed water
supplies and sewage disposal systems to be used in the Subdivision.
Page 16 of 35
F. Water and Sewer Details: When connection to an existing public
water or sewer system is proposed, construction details showing the
following items shall be included: (1) the location, size, invert elevations,
type, and class of pipes on all sanitary and storm sewers and manholes; (2)
the location, sizes, and type of pipes for all water mains; (3) the location of
all valves, hydrants, blowoffs, etc.; (4) the profiles with detailed
information on all storm sewers, sanitary sewers and water main
crossings. All such details, drawings, specifications, and plans shall
conform to Town requirements and shall be subject to the approval of the
Town’s engineer.
G. Dedicated Land: An accurate Survey and layout of all property
that is (1) to be offered for dedication for public use, with the purpose
indicated thereon, and (2) to be held in private ownership but
permanently dedicated for recreation or open space use shall be provided.
Additionally, all deed covenants, legal agreements, or other easements or
restrictions that legally create or dedicate such public use or rights of use
shall be supplied.
H. Construction Details: Construction details for sidewalks, street
lighting, driveways, and fire protection, as required, shall be provided.
All such details are subject to the approval of the Town’s engineer, or
other designated official, as appropriate. Access points, curb cuts, and
driveways of all types shall be designed to provide safe access to Roads
and Private Roads with adequate line-of-sight distances.
I. Easements: The location, dimensions, and purposes of all
easements and rights-of-way proposed by the Subdivider or required by
the Planning Board shall be supplied. All such easements and rights-of-
way are subject to the approval of the Town’s attorney, or other
designated official, as applicable.
J. Environmental Assessment: The Subdivider shall supply an
accurate and completed EAF or FEAF, as required by law or the Planning
Board.
K. Covenants: The final form of all covenants or deed restrictions that
will be applied to the Subdivision and/or any Lot shall be supplied. Such
covenants and restrictions are subject to the approval of the Town Board.
L. Liens: The Subdivider shall supply a currently-dated certificate
and paid tax bill receipts verifying that there are no taxes due or tax liens
upon the property proposed to be subdivided.
M. Offers of Cession: Formal offers of cession to the public of all
streets, recreation areas, or open spaces that are proposed to be public
property, in a form acceptable to the Town Board, are required. Each
street, recreation area, or open space shown on the Final Subdivision Plat
shall be deemed to be private until such time as (1) it has been formally
offered for dedication and cession to the public, and (2) it has been
formally accepted by resolution of the Town Board. The Subdivider shall,
for all Lots or areas marked for future use or dedication, provide to the
Town an easement and right-of-way acceptable in form to the Town’s
attorney.
N. Agency Approval: Approval of the proposed plan, as appropriate,
by all agencies having approval jurisdiction, is required.
Page 17 of 35
Sec. 604. Endorsement: Prior to endorsement of any conditionally approved
Final Plat, the Planning Board shall be provided with:
A. Statements from the Town’s attorney that the forms of all deed
transfers and easements required in the Subdivision are satisfactory; and
B. Statements from the Enforcement Officer and the Town’s engineer
that any conditions have been met and that all required improvements
have been installed in accordance with approved specifications; or,
C. A Statement from the Town Board that a satisfactory guarantee for
completion of all required improvements has been provided by the
Subdivider.
Sec. 605. “As Built” Plans: As a condition of Final Plat approval, the
Planning Board shall require the Subdivider to file with the Town Clerk a
certified “as built” plan of all public utilities and Roads within the Subdivision.
Information to be shown on the “as built” plan shall be in accordance with
requirements of the Town’s engineer.
Sec. 606. Flag Lots: Driveways may not be considered in any required area
calculations for Flag Lots. All Flag Lots must meet the following minimum
requirements:
A. Flag Lots must be connected to a public Road by a strip of land at
least 30 feet wide containing viable private access.
B. Flag Lots must equal 1.5 times the minimum required Lot size for
the applicable land use classification in which any portion of the Flag Lot
is located as determined in accordance with the Town’s land use or zoning
ordinance or law. For purposes of this calculation, the access strip (the
“flagpole”) may not be taken into consideration in calculating compliance
with this minimum standard.
C. Minimum width of the access strip along a Road shall be 40 feet in
any area where municipal sewers exist or are planned. Where there are no
sewers and no planned sewers, a 30 foot wide access strip is permitted.
D. No more than 2 contiguous Flag Lots may be allowed.
E. No Flag Lots shall have a driveway over 500 feet long.
F. All proposed Flag Lots shall undergo Site Plan Review and are
subject to the requirements of a Public Hearing. The Enforcement Officer
shall notify all Persons residing or owning land within 600’ of the
boundary of the proposed Flag Lot. The determination of which Persons
are entitled to notification of any public hearing shall be based upon the
records of land ownership possessed by the Tompkins County
Assessment Office. This hearing shall also be advertised in a newspaper
of general circulation in the Town at least 14 days before such hearing. All
public notice publication, posting and mailing fees and expenses incurred
by the Town, together with all mailing charges to any Persons entitled to
notice hereunder, shall be the responsibility of the Subdivider. The
minimum fee for such notification services is $45.00.
G. Flag Lot driveways may be required to be 60 feet wide to
accommodate easements to extend access or roadways to remaining back
lands or other parcels.
Page 18 of 35
ARTICLE 7: DEVELOPMENT STANDARDS:
Sec. 700. Purpose: The purpose of this Article is to establish design
principles and minimum standards that shall be applied to all Subdivisions in
the Town. These principles and standards are intended to promote and ensure
sound, consistent, efficient, and safe long-range development throughout the
Town. All Subdividers in the Town shall observe the following requirements
and guiding principles of land subdivision in the design of each subdivision or
portion thereof.
Sec. 701. General Considerations: Subdivision plats shall be designed so as
to promote efficient and beneficial land development patterns within the Town.
Plats shall conform to the proposals and conditions shown on the
Comprehensive Plan and official map of the Town. Roads, drainage ways,
rights-of-way, school sites, public playgrounds and open spaces shown on any
Comprehensive Plan of the Town shall be considered in review of Subdivisions.
Sec. 702 Roads: For the purposes of this Local Law, and unless otherwise
indicated in the Town Comprehensive Plan, Roads shall be classified as follows:
Primary Roads - Through Roads used primarily for faster and heavier
traffic;
Secondary Roads - Roads which collect traffic from local Roads and carry
it to primary Roads, but do not carry heavy volumes of fast or through
traffic;
Local Roads - Roads which are used principally to provide access to
abutting land, primarily of residential character;
Dead-End Roads - Roads with a vehicular traffic outlet at one end and a
Town approved turnaround at the opposite end.
Private Roads As defined above, but mainly, those roads which are used
to provide generally residential access to Lots and which are not to be
dedicated to, or accepted or maintained by, the Town.
Private Access Drives – Those roads that are used to provide access only
to one or two Lot(s) and which are not to be dedicated to, or accepted or
maintained by, the Town.
A. The layout of new Roads or Private Roads in any Subdivision shall be designed
to provide for the appropriate extension of existing Roads or Private Roads and ,
roadways, and utilities, and shall take into consideration topography, drainage,
views, public convenience and safety, and the proposed uses of the land to be served
by such Roads and Private Roads. All Roads and Private Roads shall require the
permanent dedication of easements, in a form approved by the Town, so as to
permit utilities and related appurtenances and Infrastructure to be provided for the
benefit of each Lot and adjacent owners.
B. Roads whose primary function is to provide access to abutting
residential property shall be designed to discourage through traffic.
C. Subdivisions that abut Primary Roads, as designated in the
Comprehensive Plan, shall be designed to provide an adjacent service
road, or reverse frontage, or to otherwise minimize the number of lots that
will require direct access to said Primary Roads.
Page 19 of 35
D. Road right-of-way widths shall not be less than 60 feet. Those
Roads that are designated in the Comprehensive Plan as primary Roads
shall have a 75-foot right-of-way to accommodate future widening.
E. In general, all Roads shall be centered in the right-of-way. Road
grades shall not exceed 10% for primary roads, and 12% for secondary
and local Roads. Except as may be necessary at the bottom or crest of a
vertical curve no Road shall have a grade less than 0.5%.
F. Horizontal and vertical curves shall be designed with a minimum
radius of 150 feet to provide a safe sight distance.
G. Permanent dead-end Roads shall, in general, be no longer than 10
times the narrowest frontage of lots along such dead-end Road. All
permanent dead-end Roads shall provide a turnaround at the end with a
pavement radius or design that meets current Town specifications. The
distance from the edge of pavement to the right-of-way shall be no less
than 15 feet. Alternative designs for a turnaround that are equally
effective may be considered by the Planning Board. Roads that are to be
continued at a later date shall provide a temporary turnaround.
H. Insofar as possible, all proposed Subdivisions shall be designed to
allow for future access to adjacent properties. If a Subdivision shows a
reserve strip at the end of any Road or roadway, or elsewhere, controlling
access to adjacent land or control of such reserve strips shall be placed
with the Town under conditions approved by the Planning Board.
I. Proposed Road and roadway systems shall be designed, when
possible, to provide for access to Roads in adjacent subdivisions. When
adjacent land is undeveloped, the Planning Board may require the
establishment of permanent rights-of-way connecting to such
undeveloped land (such as, but not limited to “Future Road”
designations) or, at the request or as required by the Planning Board, the
Subdivider may be required to build and extend all or some Roads and
roadways to the property lines.
J. Subdivisions that include or continue existing Roads which do not
conform to the minimum right-of-way width as specified in this Local
Law are not permitted. In such cases, the Subdivider shall dedicate
additional width along either or both sides of said Roads to bring them
into compliance. If the Subdivision is located along only one side of an
existing narrow Road, one-half of the required total extra width shall be
dedicated.
K. Half-width roads shall not be permitted. Access to Flag Lots or
other private parcels will be private.
L. No Road shall have a name that will duplicate or so nearly
duplicate the name of any existing Road within Tompkins County as to
cause or potentially cause any confusion. Any continuation of an existing
Road shall have the same name.
M. No Road in any Subdivision shall be deemed a public Road until it
has been formally offered for dedication and cession to the Town and
formally accepted by resolution of the Town Board.
N. No Private Roads, driveways, water supply systems, septic or
sewerage systems, and no utilities, may or shall be shared by different lots
or owners absent a variance therefor.
Page 20 of 35
Sec. 703. Intersections:
A. All Roads shall intersect as nearly at right angles as possible, and in
no case shall they intersect at an angle of less than 60 degrees.
B. At intersections, Roads shall form a cross or a “T-intersection”. If
T-intersections are used, center lines shall be offset by a minimum of 150
feet.
C. Intersections of local Roads with primary Roads shall be kept to a
minimum in Subdivision design so that hazards and delays to traffic
movement on the primary Road can be reduced.
D. Road grades at intersections shall not exceed 5% for a distance of 80
feet from the center of the intersection.
E. Turning lanes shall be provided when determined to be necessary
by the Planning Board, whether due to any finding or recommended
remediation pursuant to any SEQRA review, the recommendations or
requirements of any other governmental entity, or the recommendations
of the Town Highway Superintendent, or otherwise.
F. All intersections of state and local Roads shall comply with New
York State Department of Transportation requirements.
G. All intersections of county and local Roads shall comply with any
Tompkins County Highway Department requirements, when so
determined or required by the Planning Board.
Sec. 704. Blocks:
A. The size and shape of blocks shall be determined on the basis of
convenient circulation, traffic and pedestrian control, the safety of
vehicular and pedestrian traffic, and pleasing physical design.
B. Insofar as practical, block lengths should not exceed 1,500 feet, nor
be less than 400 feet.
C. In general, the length, width, and shape of blocks shall be
determined with due regard to:
1. The limitations and opportunities of topographical and other
natural features.
2. The provision of attractively laid out building sites suitable
to the land uses proposed.
3. The need for (i) convenient circulation, and (ii) control and
safety of street traffic, and (iii) reducing the potential conflict
between local and through traffic.
4. The provision of utilities and public services.
Sec. 705. Lots:
A. Each Lot must have satisfactory access to a public Road or to a
Private Road. Notwithstanding, Flag Lots may be approved at the
discretion of the Planning Board, without recourse.
Page 21 of 35
B. Minimum lot dimensions and areas shall be determined by the
Town’s land use or zoning ordinance or law. In the event a cluster plan is
proposed to be used as or in the Subdivision, the Planning Board may use
its discretion in determining minimum lot dimensions and lot areas, with
such determination being related to reasonableness, public health and
safety, and innovations of design.
C. Insofar as practical, side lot lines shall be perpendicular or radial to
Road lines.
D. Double Frontage Lots and Lots with extreme lot depth (3 or 4 times
width) shall be avoided if possible.
E. Corner Lots shall have extra width to permit front yard setbacks
from both streets.
F. Where there is a question as to the suitability of a Lot for its
intended use due to factors such as slope, rock formations, flooding or
wetland conditions, sight distance from obstructions, or similar
circumstances, the Planning Board may require modification of the design
of such Lots.
Sec. 706. Preservation of Natural Features:
A. All natural features such as trees, streams, hilltops, and views shall
be preserved whenever possible in designing and laying out any
Subdivision. The Planning Board may require changes in the layout to
assure that natural features will be preserved, undisturbed, and/or
incorporated into the Plat or design.
B. Topsoil moved during the course of construction shall be
redistributed so as to provide at least 6 inches of cover to all areas of the
Subdivision. Topsoil shall not be removed from the site without Planning
Board approval and compliance with the Town and New York State Laws
and requirements relating to Stormwater and sediment control.
C. To the fullest extent possible, existing trees that are greater than
four inches in diameter, measured at a height of 4 feet above the ground,
shall be conserved by the Subdivider. Where any land other than that
included in a public right-of-way is proposed to be dedicated to public
use, the developer shall not remove any trees from such area without
approval from the Planning Board.
D. Where a Subdivision contains a pond or stream that is not a DEC or
U.S. Army Corps of Engineers designated wetland, the natural flow and
course of said body of water shall be preserved unless the Planning Board
determines that realignment will enhance the Subdivision without
adverse impacts to adjoining properties, the environment, and flora and
fauna.
Sec. 707. Easements: Easements across lots shall be provided for utilities
and Infrastructure where necessary or desired by the Town. Wherever possible,
electrical and communications service shall be located underground or along
rear property lines. Where a Subdivision contains a drainage right-of-way, there
shall be provided a stormwater easement that must comply with the Town’s
Stormwater and Erosion Control Local Law (and related laws and regulations of
other governmental entities with jurisdiction). All easements are and shall be
subject to the approval of the Planning Board and the Town’s attorney.
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Sec. 708. Environmental Protection: Land subject to serious or regular
flooding shall not be subdivided for residential occupancy or for any other use
that may increase danger to life or property or that may aggravate the flood
hazard. Such land may be used, however, for such uses, or in such a way, that
the flood danger to the property and other upstream or downstream properties
will not be increased, and periodic or occasional inundation will not be a threat
to life or property. The provisions of this Section 708 shall apply, inter alia, to all
land designated as a 100-year flood plain area, as determined by the Department
of Housing and Urban Development or the U.S. Army Corps of Engineers, and
shown on appropriate flood hazard boundary maps. Any Subdivision that
contains, borders, or is adjacent to designated Department of Conservation or
Corps of Engineers wetlands or protected wetland areas shall, to the extent
required by law or the Planning Board, obtain any build or fill permits from any
authority having jurisdiction.
Sec. 709. Modification of Standards: The Planning Board may modify the
specific requirements set forth in this Article 7 pursuant to the variance or waiver
requirements set forth in this Local Law. All such modifications shall be
recorded in writing and filed with the records of the Subdivision.
ARTICLE 8: IMPROVEMENTS:
Sec. 800. Purpose: The purpose of this Article is to establish the minimum
installation and construction standards for those improvements that all
Subdividers are required to install when land in the Town is subdivided. Proper
initial installation is necessary to prevent excessive future public maintenance
and replacement costs, to preserve property values in the Town, and to provide
for the safety, health and welfare of residents of the Town.
Sec. 801. Subdivider’s Responsibility: Prior to requesting approval of a
Final Plat, the Subdivider shall have made or furnished a Performance Guarantee
to make and install each and all of the following improvements:
A. Monuments: Permanent monuments (1-1/2" galvanized pipe, 1"
iron pins, or their equal, each being a minimum of 36" long) shall be set at
all block corners or, if no complete blocks are involved, at each corner of
the Subdivision. Each corner of each Lot in the Subdivision shall also be
marked by iron pipes or pins. Placement of such markers shall be shown
on the Final Plat and their existence and locations shall be verified and
approved by the Enforcement Officer.
B. Roads: All Roads shall be constructed in accordance with Town
specifications, and shall be subject to review and approved by the Town
Board, the Town Highway Superintendent, and the Town’s engineer.
C. Curbs, Gutters and Sidewalks: In general, curbs, gutters and
sidewalks will not be required except as may be necessary, desirable or
required by the Town’s stormwater and erosion and sediment control
laws and rules. Where heavy traffic may be or become a hazard for
pedestrians, curbs, gutters, and/or sidewalks may be required on one or
both sides of new or existing Roads.
D. Water and Sewer Facilities: In areas where public water and sewer
lines exist, the Subdivider shall install all necessary lines and connections
as required and approved by the Town’s engineer. Installation of water
and sewer lines may be required in areas where water or sewer districts
have been established or where the Town Board has determined that such
districts can reasonably be expected.
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E. Fire Hydrants: If a Subdivision is located in an existing or
proposed water district, the Subdivider shall install fire hydrants no more
than 400-600 feet apart with 1 at every intersection, or as may be otherwise
specified by the Town’s engineer.
F. Drainage: All drainage improvements shall be constructed in
accordance with an approved Stormwater Pollution Prevention Plan.
G. Road Signs: All road signs shall be provided and installed by the
Town at the Subdivider’s expense upon approval of the Town Highway
Superintendent.
H. Recreation Areas and Open Spaces: Land shall be reserved for
parks, playgrounds, open spaces, or other recreational purposes, in all
locations so designated in the Town Comprehensive Plan, or elsewhere
when the Planning Board deems that such reservation would be
appropriate. Such reservation shall be of an area equal to approximately 5
percent of the gross area of the Subdivision. Land reserved for recreation
purposes shall have physical characteristics suitable for such intended
purpose. If the reservation of land for recreation or open space purposes
is deemed to be inappropriate by the Planning Board, or the Town Board
declines to accept such reserved land, the Subdivider shall make a
payment, in lieu of land, in accordance with the Fee Schedule, with such
funds to be used for the acquisition or upkeep of park, recreation, and
open space facilities in the Town. When the Planning Board requires land
to be reserved for recreational purposes, the Planning Board may require
that the site be suitably developed. When land for recreation areas or
open space is required to be shown on the Subdivision plat, the approval
of any plat shall not constitute an acceptance by the Town of such land.
Sec. 802. Installation: Unless otherwise specified, all improvements listed in
this Article shall be installed by the Subdivider, at the Subdivider’s expense, and
said installation shall be subject to approval by the Enforcement Officer or other
appropriate Town officials.
Sec. 803. Performance Guarantee: Before any Final Plat is endorsed by the
Planning Board, the Enforcement Officer and other appropriate Town officials
shall estimate the cost of completion of Roads and Infrastructure, and the
Subdivider shall submit to the Town Board a Performance Guarantee that will
assure completion of said improvements. The type and amount of this
performance guarantee shall be determined by the Town Board.
Sec. 804. Acceptance of Roads and Other Public Spaces: No new Road,
recreation area, easement, or other proposed public space shown on an approved
Final Plat shall become Town property until formally dedicated and accepted by
the Town Board. Prior to final acceptance, the Highway Superintendent and
Town Engineer shall certify to the Town Board that all public utilities, Roads,
and required improvements have been completed in accordance with the
approved plans and specifications.
ARTICLE 9: VARIANCES AND MODIFICATIONS:
Sec. 900. Purpose & General Requirements: The purpose of this Article is
to set forth those conditions and circumstances under which the requirements of
this Local Law may be modified or waived by the Planning Board (or, where
applicable, the Town Board). Where the Planning Board finds that, due to the
special circumstances of a particular case, a waiver of certain requirements or
procedures is justified, a waiver may be granted. In all cases, no waiver shall be
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granted unless the Planning Board finds and records in its minutes that: (1)
granting the waiver would be keeping with the intent and spirit of this Local Law,
and is in the best interests of the community; (2) there is no adverse effect upon the
character, appearance, or welfare of any neighborhood or the environment; (3)
there are special circumstances involved in the particular case; (4) denying the
waiver would result in undue hardship, provided that such hardship has not been
self-imposed; and (5) the waiver is the minimum necessary degree of variation
from the requirements of this Local Law.
Sec. 901. Special Circumstances: When the Planning Board finds that due to
the special circumstances of a particular area, the provision of certain required
improvements is not necessary in the interest of public health, safety, and general
welfare, or is inappropriate due to the inadequacy or lack of existing or proposed
connecting facilities in the area of a proposed Subdivision, the Planning Board
may waive such requirements subject to appropriate conditions it may wish to
impose.
Sec. 902. Design Innovations: It is not the intent of this Local Law to effect
uniformity or standardization in the development of Subdivisions in the Town.
When imaginative and beneficial design concepts are proposed by a Subdivider,
the Planning Board may grant a variance to permit the accomplishment of such
concepts as long as such variances do not violate any other applicable laws or
regulations.
Sec. 903. Cluster Subdivision: After approval by resolution of the Town
Board, and pursuant to Article 16 of Town Law, the Planning Board may require
that a Subdivider apply the cluster technique to all of a portion of the land to be
subdivided. To determine how many lots may be included in a cluster
subdivision, the Planning Board may require the preparation and submission of
a Sketch Plan for the area using the minimum lot sizes specified in the Town’s
zoning or land use ordinance or law.
Sec. 904. Stormwater and Other Requirements: An exemption or waiver
granted under this Article 9 shall not exempt the Subdivision or Subdivider from
meeting the requirements of Stormwater laws and requirements, SEQRA, nor
from the requirements of any other applicable law, regulation or rule.
ARTICLE 10: VIOLATIONS AND PENALTIES:
Sec. 1000 Enforcement and Penalties: The violation of this Local Law shall
be deemed an offense. When any term, provision, or requirement of this Local
Law is violated, the Enforcement Officer may issue a written notice of violation
to the Subdivider (or other Person in violation hereof). The notice of violation
shall contain (a) the name and address of the Person alleged to have violated this
Local Law, (b) the address, when available, or a description of the building,
structure or parcel upon which the violation occurred or is occurring, (c) a brief
statement specifying the nature of the violation, (d) a statement of the fine or
penalty that may or could be assessed against any Person to whom the notice of
violation is directed, and (e) a clear statement identifying whether the notice
commences or will commence a civil or criminal proceeding.
Sec. 1001 Stop Work Orders: The Enforcement Officer may issue a stop
work order for any violation of this Local Law. Any Person receiving a stop
work order shall be required to halt all clearing, grading, and construction until
the Enforcement Officer or a court of competent jurisdiction allows work to re-
commence.
Sec. 1002 Violations: In addition to any other right or remedy allowed by law
or in equity, the Town may also maintain actions or proceedings in the name of the
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Town in a court of competent jurisdiction to compel compliance with or restrain by
injunction the violation of any provision or requirement of this Local Law.
Sec. 1003 Penalties & Fines: All provisions of New York law generally
applicable to misdemeanors shall apply to any criminal proceeding brought under
this Article, and/except that each and any misdemeanor shall be deemed an
unclassified misdemeanor. The following civil and criminal fines and penalties
shall apply to any violation of the requirements or terms of this Local Law:
A. First Violation: Any Person that violates any of the provisions of this
Local Law shall be (1) guilty of an unclassified misdemeanor and subject to a
fine of not more than $1,500.00, or (2) subject to a civil penalty of not more
than $2,500.00 to be recovered by the Town in a civil action. Every such
Person shall be deemed guilty of a separate offense for each week that such
violation, disobedience, omission, neglect or refusal shall continue.
Similarly, a separate civil penalty shall apply and/or be assessable for each
week that such violation, disobedience, omission, neglect or refusal shall
continue.
B. Second Violation: Any violation that is found to have occurred
within 2 years of any prior civil or criminal determination of any other
violation of this Local Law shall be deemed a second violation. Any Person
that commits any second violation shall be (1) guilty of an unclassified
misdemeanor and subject to a fine of not more than $5,000.00, or (2) subject
to a civil penalty of not more than $7,500.00 to be recovered by the Town in a
civil action. Every such Person shall be deemed guilty of a separate
unclassified misdemeanor for each week that such violation, disobedience,
omission, neglect, or refusal shall continue. Similarly, a separate civil
penalty shall apply and/or be assessable for each week that such violation,
disobedience, omission, neglect, or refusal shall continue.
C. Third and Subsequent Violations: Any violation that is found to have
occurred within 2 years of any prior civil or criminal determination of any
second violation of this Local Law shall be deemed a third or subsequent
violation, as applicable. Any Person who commits a third or subsequent
violation of this Local Law shall be (1) guilty of an unclassified
misdemeanor and subject to a fine not more than $10,000.00 and a period of
incarceration not to exceed 120 days, or (2) subject to a civil penalty of not
more than $15,000.00 to be recovered by the Town of Lansing in a civil
action. Every such Person shall be deemed guilty of a separate unclassified
misdemeanor for each week that such violation, disobedience, omission,
neglect or refusal shall continue. Similarly, a separate civil penalty shall
apply and/or be assessable for each week that such violation, disobedience,
omission, neglect, or refusal shall continue.
Sec. 1004 Withholding of Certificate of Occupancy, Endorsement, Etc.:
Upon any violation of this Local Law by a Subdivider or any Person, the
Enforcement Officer may decline and refuse to issue any approvals,
endorsements, certifications, building permits, certificates of occupancy,
certificates of compliance, and any similar or other document or approval until
the Subdivider or Person rectifies and cures such violation.
Sec. 1005 Restoration of Lands: Any violator of this Local Law may be
required to restore land to its undisturbed condition. In the event that
restoration is not undertaken within a reasonable time after notice, the Town
may take necessary corrective action, the cost of which shall become a lien upon
the property until paid. In addition, the Town may commence any one or more
civil proceedings in the Town Court, or any other court of competent
jurisdiction, to recover the costs of such restoration.
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Sec. 1006. Cumulative Remedies: Each and all remedies and rights provided
to the Town under this Article shall be cumulative. The Town’s pursuit of any
one right or remedy does not effect a waiver or an election of remedies, and the
Town may thereafter pursue or continue to pursue any other right or remedy it
may have in law, equity, or in admiralty. The rights and remedies herein stated
are not the exclusive rights and remedies of the Town.
ARTICLE 11: SAVING CLAUSE: If any clause, sentence, paragraph, section or
part of this Local Law shall be adjudged by any court or tribunal of competent
jurisdiction to be invalid or unenforceable, such judgment or determination shall not
affect, impair or invalidate the remainder of this Local Law, and shall be confined in its
operation and interpretation only to the clause, sentence, paragraph, section or part
hereof directly involved in the controversy in which such judgment or determination
shall have been rendered.
ARTICLE 12: COURT REVIEW: Any Person aggrieved by any decision or
determination of the Town or the Planning Board under this Local Law may have said
decision reviewed by the Supreme Court in the manner provided by Article 78 of the
Civil Practice Law and Rules. The Town does not, either in this Article or in this Local
Law, waive any claims, rights, or defenses it may have regarding questions of law or
fact pertaining to the judicial and legal concepts of ripeness, standing, timeliness,
governmental immunities, or of any other matter.
ARTICLE 13: LIMITATION OF LIABILITY AND INDEMNITY: The Town
shall not be liable or responsible for any injury to persons or damage to property due to
the Town’s actions, or failures to act, under or pursuant to this Local Law, unless it is
proven to a reasonable degree of certainty that such injury or damage was solely caused
by a willful or intentional act of the Town. All Persons working upon or engaged in any
clearing, grading, excavation, construction, cleanup, remediation, or restoration work
shall indemnify, keep and save harmless the Town from and against any and all losses,
costs, damages, expenses, judgments, claims, or liabilities of any kind whatsoever
which may accrue against or be charged to or recovered from the Town from or by
reason of or on account of accidents, injuries, damages, and/or losses to persons or
property. This indemnity provision shall be construed and applied to the maximum
extent permitted by law. The Town may require that any Person or Subdivider procure
liability insurance in a minimum amount of $1,000,000.00 per incident per person, and
that the Town be named an additional insured there under.
ARTICLE 14: EFFECTIVE DATE: These Rules and Regulations shall take effect
immediately.
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SCHEDULE I
SPECIFICATIONS FOR TOWN HIGHWAYS
DESIGN SPECIFICATIONS
General: Any variation or deviation from these minimum Specifications must be
approved by the Town Board and Town Highway Superintendent in writing prior to
taking any action.
1. Road rights-of-way shall be a minimum of 60 feet in level terrain. The radius for
intersecting right-of-ways shall be 25 feet. Additional right-of-way may be required
where deep cuts and fills exist or adjacent to drainage structures.
2. Total roadway width shall be a minimum of 32 feet. Total driving lane width
shall be 20 feet centered within the R.O.W., and shoulder width shall be 6 feet. Refer to
Typical Pavement Cross-sections attached.
3. Geometric design features should be consistent with a minimum design speed of
30 mph.
4. Stopping sight distance shall be at least 300 feet (back from the intersection).
5. The minimum radius for horizontal and vertical curves shall be 150 feet and 100
feet, respectively. The minimum radius for intersecting edges of shoulder and driving
lanes shall be 40 feet.
6. Unless hydraulic calculations indicate otherwise, the minimum culvert diameter
is 15 inches.
7. Perforated underdrain pipe, wrapped in geotextile fabric, may be required by the
Highway Superintendent for low wet areas, where side hill seepage is encountered, or
in any other area where groundwater may impair the integrity of the roadway.
8. Dead-end road designs will terminate with a “T” turn-around, designed in
accordance with Detail 3.
9. Based upon hydraulic and hydrogeologic calculations, dry rip rap, of the weight
and diameter required, shall be designed in all drainageways with grades exceeding 5
percent and shall extend up the slopes of the drainageway to the height of the 10 year
rainfall event.
10. Ditches shall be designed to the minimum dimension shown on Detail 1, and
shall have a minimum grade of 0.5%.
11. In rock cut sections, the backslope beyond the right-of-way shall be a minimum
of 1:1.
MATERIAL SPECIFICATIONS
GEOTEXTILE FABRIC – Provide a soil stabilization geotextile fabric, subject to the
acceptance of the Highway Superintendent, with the following certifiable property
values:
Fabric Property Value
Puncture Strength (lb) 125 (min.)
Mullen Burst Strength (psi) 430 (min.)
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Grab Tensile Strength (lb) 220 (min.)
Apparent Opening Size (Sieve) 40-80 (max.)
SUBBASE COURSE MATERIAL – Provide evenly-graded bank-run gravel which is
sound, durable, free of organic and other deleterious materials, and free of boulders in
excess of 3 inches along the longest dimension, with no more than 8 percent by weight
finer than the No. 200 sieve.
BASE COURSE MATERIAL – Provide a naturally or artificially graded crusher-run
stone, which is sound, durable and free of organic and other deleterious material.
Material shall have a Plasticity Index of 5 or less for material passing No. 40 sieve, shall
have less than 20 percent loss based on the NYSDOT Magnesium Sulfate Soundness
Test (STM II), and shall have gradation conforming to the following limits:
Percent Passing by Weight Sieve Size
100 2”
30-65 ¼”
5-40 No. 40
0-8 No. 200
PRIME COAT – Provide a slow setting asphalt emulsion meeting the requirements
specified for NYSDOT Material Designation 702-3501 or 702-360l.
BITUMINOUS SURFACE TREATMENT MATERIALS – Provide one of the following
bituminous materials, subject to the acceptance of the Highway Superintendent, for
pavement and shoulders and conforming with the latest edition of NYSDOT Standard
Specifications, Section 410:
702-3101 – RS-2 – Rapid Setting Asphalt Emulsion
702-3102 – HFRS-2 – High Float Rapid Setting Asphalt Emulsion
702-4101 – CRS-2 – Cationic Rapid Setting Asphalt Emulsion
Submit to Highway Superintendent certifications from supplier for all asphalt
emulsions.
Provide coarse aggregate sizes as specified. Aggregate shall be crushed limestone or
dolomite that has an acid insoluble content of not less than 10%. Coarse aggregate shall
not contain more than 5% chert and no more than 1.0% dust.
CONSTRUCTION SPECIFICATIONS
ROADWAY EMBANKMENT
1. Obtain subgrade elevation by compacting on-site soils in maximum 8 inch
horizontal lifts. Use on-site soils as embankment fill that do not contain organic or
deleterious materials, are not excessively wet or frozen, or that has cobbles in excess of 6
inches along the longest dimension.
2. If on-site soils are not available, a well-graded bank-run gravel shall be imported.
Bank-run gravel shall be approved by the Highway Superintendent, subject to a sieve
analysis from the source of supply. Bank-run gravel shall be sound, durable, free of
organic or other deleterious material, with no more than 10 percent by weight finer than
the No. 200 sieve.
3. Adjust the moisture content of embankment fill to within 2 percent of optimum
by either air drying or through the addition of water prior to compaction. Spread wet
fill in an 8 inch loose lift and disc to expedite air drying.
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4. Compact embankment fill to or above 95 percent ‘Modified Proctor’ maximum
density with a smooth drum roller, or other sufficient compaction equipment, weighing
at least 7 tons and operating in the vibratory mode.
5. Slope the subgrade as shown on Detail 1. Proof roll the final subgrade to avoid
ponding of surface water.
ROADWAY EXCAVATION
1. Excavate subsoil to the depth required to provide a uniform surface of solid and
undisturbed ground for the placement of aggregate subbase course.
2. Excavate ditches, if applicable, to the minimum depth shown below the
centerline finish grade elevation.
3. Where the bottom of the roadway excavation is found to be unstable or to
include deleterious material, which in the judgment of the Highway Superintendent
should be removed, excavate and remove and backfill the over-excavation with
compacted bank-run gravel.
4. Compact the subgrade to or above 95 percent ‘Modified Proctor’ density with a
smooth drum roller, or other sufficient compaction equipment, weighing at least 7 tons.
Operate compactor in the static mode for compaction of silty soils and in the vibratory
mode for soils containing larger fractions of sand and gravel.
5. Slope the subgrade as shown on Detail 1. Proof roll the final subgrade to provide
drainage of groundwater and surface water to ditches.
6. Install underdrains wherever groundwater seepage is encountered or in low, wet
areas.
ROADWAY SUBBASE COURSE
1. Prior to placing the geotextile fabric and aggregate subbase course, verify that
the Highway Superintendent has observed proof rolling of the subgrade. Proof rolling
shall be accomplished with a smooth drum roller weighing at least 7 tons and operating
in the vibratory mode. Any settlement or movement of the subgrade ahead of or under
the roller that indicates a potential soft area will require removal and replacement with
suitable compacted granular material.
2. Place the geotextile fabric across the width of the roadway and lap in accordance
with manufacturer’s instructions. Remove any rocks or debris from subgrade surface
that could puncture the fabric.
3. Lap underdrain fabric with subgrade fabric where subdrains are indicated to be
installed.
4. Place subbase course material in layers of uniform thickness, conforming to
indicated cross-section and thickness. Maintain optimum moisture content for
compaction. When a compacted subbase course is indicated to be more than 6 inches
thick, place material in equal layers, except no single layer more than 6 inches or less
than 3 inches in thickness when compacted.
5. Compact subbase course to 95 percent ‘Modified Proctor’ maximum density.
6. Slope the subbase as shown on Detail 1. Proof roll the final subbase to provide
drainage of surface water to ditches.
ROADWAY BASE COURSE
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1. Prior to placing the aggregate base course, verify that the Highway
Superintendent has observed proof rolling of the subbase course. Proof rolling shall be
conducted in the same manner as for the subgrade.
2. Place base course material in layers of uniform thickness, conforming to
indicated cross-section and thickness. Maintain optimum moisture content for
compaction. When a compacted subbase course is indicated to be more than 6 inches
thick, place material in equal layers, except no single layer more than 6 inches or less
than 3 inches thickness when compacted.
3. Provide a compacted base course at 95 percent maximum dry density.
4. Slope the base as shown on Detail 1. Proof rolling the final base to provide
drainage of surface water to ditches.
ROADWAY PAVEMENT
1. Prior to applying the bituminous double surface treatment, verify that the
Highway Superintendent has observed proof rolling of the base course. Proof rolling
shall be conducted in the same manner as for the subgrade. Any voids or settlements
shall be filled and compacted to grade with base course material.
2. Apply prime coat after reshaping base course and if possible before
recompacting. Apply at a rate between 0.2-0.5 gallons per square yard depending upon
compacted/uncompacted base course and dense/porous aggregate surface. Avoid
‘flooding’ base course with excessive emulsion.
3. Bituminous material shall not be applied on a wet surface, when the ambient
temperature is below 50 degrees F in the shade or greater than 95 degrees F, or when
weather conditions would prevent the proper construction of the surface treatment.
4. The following equipment shall be required - a bituminous material distributor, a
pneumatic rubber tire roller, aggregate spreader, a rotary power broom, all of which
shall conform to NYSDOT specifications.
5. The surface shall be free from irregularities to provide a reasonably smooth and
uniform surface to receive the treatment. Areas which are stable and firm and require
one inch or less to patch or shape the surface may be patched with surface treatment
materials. Unstable corrugated areas shall be removed and replaced. Areas requiring
replacing, patching or shaping in excess of one inch in thickness shall be constructed
with base course materials. A power broom shall be used to clean any loose material
from the pavement surface before the bituminous material is applied. Manhole covers,
drop inlets, catch basins, curb and any other structure within the roadway area shall be
protected against the application of the surface treatment materials.
6. Bituminous material shall be applied by means of a pressure distributor in a
uniform, continuous spread over the section to be treated. The quantity of base course
bituminous material shall be 0.50 gallons per square yard. The length of spread of
bituminous material shall not be in excess of that which trucks loaded with cover coat
material can immediately cover or which can be satisfactorily compacted. The spread of
the bituminous material shall not be more than 6 inches wider than the width covered
by the cover coat material from the spreading device. Under no circumstances shall
operations proceed in such a manner that bituminous material will be allowed to chill,
set up, dry, or otherwise impair retention of the cover aggregate. The distributor, when
not spreading, shall be parked so that the spray bar or mechanism will not drip
bituminous material on the surface of the traveled way.
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7. Immediately following the application of the bituminous material, the base cover
aggregate of No. 1 crushed stone shall be spread at a rate of 30 pounds per square yard.
Spreading shall be accomplished in such a manner that the tires of the trucks or
aggregate spreader at no time contact the uncovered and newly applied bituminous
material. Immediately after the cover aggregate is spread, any deficient areas shall be
covered by additional material. If uniform, the Highway Superintendent may order the
contractor to use a drag broom before rolling. Pneumatic tire rolling shall begin
immediately and shall be continued until a minimum of 3 complete passes are obtained.
Any free bituminous material on the surface caused by a deficient amount of cover
material shall be covered in such a manner so as not to displace imbedded material.
Excess material shall be swept from the entire surface by means of brooms.
8. An additional application of bituminous material over the No. 1 stones at the rate
of 0.40 gallons per square yard shall be applied as per the procedures stated above.
This is to be immediately followed by the application of No. 1ST stone at the rate of 25
pounds per square yard and rolled into the bituminous material in the manner stated
above.
DRAINAGE
1. Culverts shall be placed in natural waterways and low points in the roadway
grade. Where culverts cross the roadway, the top of culvert shall not extend above the
elevation of the roadway subgrade.
2. Install culverts beginning at the low point of the drainage system, true to grades
and alignment with unbroken continuity of the invert. Join and install pipe and
couplings in accordance with manufacturer’s instructions.
3. All culverts, including driveway culverts, shall be installed with galvanized
flared end sections at the inlet and outlet.
4. Driveways shall be graded so that runoff from the driveways will not sheet
across the road surface.
5. Provide temporary soil erosion control devices in accordance with standards of
the New York “Guidelines for Urban Erosion and Sediment Control.” Remove any silt
or debris periodically from drainageways to avoid a backup of storm water. Maintain
devices until drainageways are firmly established with vegetation or lined.
6. Design, install, and build all drainage and stormwater control facilities in accord
with the Town’s Stormwater and Erosion Control Local Law and any approved SPPP.
TOPSOILING AND SEEDING
1. All disturbed natural areas within the road right-of-way or proposed drainage
easements shall be restored with a minimum 4 inches of topsoil and reseeded with a
grass mixture compatible with the surrounding environment.
2. For late fall construction and prior to winter, seed rough graded areas with a
temporary conservation mix of winter rye, winter wheat and annual ryegrass.
QUALITY ASSURANCE
1. Materials Source for Roadway Subbase and Base Course: Submit name and
address of imported aggregate materials suppliers. Provide materials from the same
source throughout the construction. Change of source requires approval by the
Highway Superintendent. Submit test reports directly to the Highway Superintendent.
Analysis of aggregate materials performed in accordance with ASTM C136 and within
past three months.
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2. Schedule inspections of the road construction in accordance with Exhibit A.
Notify the Highway Superintendent a minimum of 24 hours in advance of each
inspection. Such inspection by the Town Highway Superintendent, or designated
representative, does not obligate the Town to accept the road upon offering for
dedication, nor does it relieve the builder, Subdivider, and/or developer from
complying with the requirements of these specifications.
3. All road right-of-ways, easements, and above and below grade improvements
therein shall be guaranteed against defects and poor workmanship for a period of two
years from the time of acceptance by the Town.
4. Prior to acceptance by the Town, the Developer shall deliver to the Town a
complete release of all liens arising out of the construction of the dedicated
improvements, or receipts in full payment in lieu thereof, and if required in either case,
an affidavit that so far as the Subdivider, developer, and/or builder has personal
knowledge or information, the releases and receipts include all labor and materials for
which a lien could be filed.
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EXHIBIT A - INSPECTION SCHEDULE FOR PROPOSED TOWN ROADS
Each phase of the road construction listed below must be inspected by the Highway
Superintendent, or designated representative, prior to commencing the next phase. All
information must be provided and the inspection sheet signed. The original will be
retained by the Developer, or assigned agent, with a copy of each inspection submitted
to the Town Highway Superintendent. A minimum of 24 hours notice of inspection
must be given.
SUB-GRADE: Inspection by: _____________________Date_______________
Location: ____________________________________________
Section: ______________________________________________
Weather (conditions): _________________________________
Notes: ______________________________________________
_____________________________________________________
_____________________________________________________
SUB-BASE COURSE: Inspection by: ____________________Date________________
Location: ____________________________________________
Section: _____________________________________________
Weather (conditions): _________________________________
Notes: _______________________________________________
_____________________________________________________
_____________________________________________________
Sieve Analysis Received: _____________Date_____________
BASE-COURSE: Inspection by: ____________________Date________________
Location: ____________________________________________
Section: _____________________________________________
Weather (conditions): _________________________________
Notes: _______________________________________________
_____________________________________________________
_____________________________________________________
Sieve Analysis Received: ______________Date_____________
SURFACE COURSE: Inspection by: ____________________Date________________
Location: ____________________________________________
Section: _____________________________________________
Weather (conditions): _________________________________
Notes: _______________________________________________
_____________________________________________________
_____________________________________________________
SUPERINTENDENT APPROVAL: ____________________________Date______________
Page 34 of 35
Roadway cross section, not to scale
Cross Section* Primary Road Secondary Road Local Road (A) Right-of-way: 75 feet min. 60 feet min. 60 feet min. (B) Total Pavement: (C) Traffic paving: (D) Shoulder: (binder only): (E) Subgrade Crown: (F) Subsurface Crown: (G) Shoulder Crown: (H) Berm Slope: (I) Inside Slope:
Page 35 of 35
(J) Outside Slope: (K) Base Gravel Depth: (L) Total Depth: Road Grade (Section 602.E.) 10 percent max. 12 percent max. 12 percent max.
*Cross section specifications to
be provided by the Town
Engineer.
1. Curve Radii - Horizontal and vertical curves shall be designed with a minimum
radius of 150 feet.
2. Dead-end Road/Turn Around - In general, no longer than 10 times the
narrowest lot frontage (“X” below”) along such road leading to a turnaround at
the end.