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HomeMy WebLinkAbout1982 Cluster Subdivision Regulations i" '' APPROVED BY TOWN BOARD 11/16/82 TOWN' OF ITHACA CLUSTER REGULATIONS Title: This document shall be known as the Town of Ithaca Planning Board Rules and Regulations setting forth the criteria pursuant to which the provisions of Article 16 , Section 281 of the the Town Law shall be applied. Introduction: These rules and regulations are adopted by the Planning Board of the Town of Ithaca pursuant to Section 3 .B. of a Resolution duly adopted by the Town Board of the Town of Ithaca on October 4, 1982 . Said Resolution reaffirms the delegation of the Town Board' s authority to the Planning Board to approve clustered residential subdivisions in the Town of Ithaca. The Resolution further author- izes the Planning Board to require subdivision developers to submit a clustered subdivision plan whenever the Planning Board believes that the application of such procedure would benefit the Town. The authority of the Planning Board to require clustering is limited by the conditions of these regulations, adopted by the Planning Board on November 11 , 1982 and approved by the Town Board on November 16 , 1982 and by the provisions of Article 16 , Section 281 of the Town Law, as amended. The purpose of these rules and regulations is to promote the use of clustered development by developers of residential subdi- visions in the Town of Ithaca. Clustering permits a flexibility in the development and use of land. Clustering results in a concen- tration of occupancy and use in a particular area of land and space. It is the opinion of the Planning Board that the increased use of the cluster provisions of Town Law will encourage the preservation of available open space within residential communities and reduce the cost and maintenance of public improvements . For the purposes of these rules and regulations , the following definitions shall apply: 1 . Attached Dwelling Units: Two or more dwelling units which share common structural building elements and are constructed on a common building lot. 2 . Basement or Cellar: An enclosed floor area partly or wholly underground. For the purposes of these rules and regulations, a basement or cellar shall be counted as a storey for the purposes of height regulation. 3 . Buffer Area: An area bordering the lot lines of the property on which the clustered subdivision is to be built, within which there shall be no permanent structures . A parking lot 1 APPROVED BY TOWN BOARD 11/16/82 shall be considered a permanent structure for the purposes of these cluster regulations. 4 . Cluster: A development of residential dwelling units on lots which may be smaller than permitted within the existing zone, but where the number of dwelling units shall in no case exceed the number which could be permitted, in the Planning Board' s judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Ordinance applicable to the district or districts in which such land is situated and conforming to all other applicable requirements. 5 . Community Center: A structure built within a clustered subdivision which may have recreational or public meeting facilities , and is to be used primarily by the residents of the clustered subdivision and their guests. 6 . Detached Dwelling Units: Dwelling units which share no common structural building elements and are constructed on separate building lots. 7 . Dwelling Unit: A building, or portion of a building, pro- viding complete living facilities including food preparation area and bath. 8 . Gross Area : The amount of land in a clustered subdivision before roads , rights of way, parks, and permanent open space are deducted. 9 . Building Height: The distance from the lowest point at grade to the highest point of the roof, excluding chimneys, anten- nae, lightning rods, and similar appendages. 10 . Lot: A parcel of land or volume of space. 11 . Multi-Storey Dwelling Units : Dwelling units which are built one above another in a single structure with two or more storeys. The separate building lots for the second and higher dwelling units shall be indicated by three-dimensional de- scriptions on the subdivision plat. This term includes dwelling units which are constructed above each other but where some proportion of the higher dwelling unit or units are constructed adjacent to, as well as above, the lower dwelling unit or units. 12 . Semi-Detached Dwelling Units: Dwelling units which share common structural building elements but which are built on separate building lots. 13 . Storey: The vertical space between a floor and ceiling which in no instance shall be less than the minimum vertical dis- tance required by any officially adopted fire or building code in the State of New York. For the purposes of these 2 ' I APPROVED BY TOWN BOARD 11/16/82 regulations, multi-level structures or dwelling units shall be defined as having more than one storey for the purposes of height regulation if the minimum vertical distance between any floor and the next highest floor anywhere in the structure or dwelling unit exceeds six (6) feet. General Regulations: 1 . The minimum gross area for any clustered subdivision proposal shall be five acres. Clustered subdivisions shall be permit- ted in any residential zone of the Town of Ithaca, with the exception of Multiple-Family. Although the Town Board of the Town of Ithaca has authorized the Planning Board to approve clustered subdivisions proposed for agricultural zones or districts, the Planning Board does not believe that the inclusion of these lands within the cluster provisions of Section 281 of Town Law is necessary at this time. Agricul- tural lands must first be rezoned to a residential designation before a clustered subdivision plan may be brought before the Planning Board for review. The Planning Board may not require a developer to prepare a cluster plan for lands in an R9 zone . 2 . The number of dwelling units permitted in a clustered residen- tial subdivision shall in no case exceed the number otherwise permitted, in the Planning Board's judgment, by the applicable sections of the Town of Ithaca Zoning Ordinance. The Planning Board may restrict the developer to a lesser number of dwell- ing units if, in the Planning Board' s judgment, particular conditions of the site warrant such restriction. Notwith- standing the foregoing, the density of dwelling units in a clustered development shall not exceed 3. 5 units per gross acre in R15 and R30 residential lands. 3 . To determine the number of dwelling units permitted to be clustered pursuant to Section 281 , the Planning Board shall require the developer, as part of the sketch plan review process, to prepare a conventional subdivision plat which meets all standards of the Zoning Ordinance, subdivision regulations , and Town of Ithaca highway and open space regu- lations. 4 . The Planning Board may exclude areas from the sketch plan which, in its opinion, are unsuitable for construction of the proposed housing because of excessive slopes , poor drainage, or other considerations which may be injurious to the health, safety, and welfare of the community. 5 . Considerations which the Planning Board may use in order to limit the number of dwelling units or lots which may be developed in any clustered development include but are not limited to: 3 • . APPROVED BY TOWN BOARD 11/16/82 a) will such a development be substantially and materially injurious to the ownership, use and enjoyment of other property in the vicinity or neighborhood; b) will such a development impede the orderly development of land in the vicinity or neighborhood, and will such use be appropriate in appearance and in harmony with the existing or intended character of such land in the vicinity or neighborhood; c) will the street system and off-street parking facilities handle the expected traffic in a safe and efficient manner; d) will the natural surface drainage ways continue to work effectively; e) are water and sewerage Or waste disposal facilities adequate; f) is the environmental quality of the proposal, in terms of site planning, design, and landscaping, compatible with the character of the neighborhood; g) are lot area, access , parking, and loading facilities sufficient for the proposed activities; h) what effect will the density of such clustered con- struction and use have on the appearance and maintenance of open spaces in a neighborhood. 6 . The number of units allowed in any clustered subdivision shall not exceed the number determined by the Planning Board as shown on the sketch plan. The Planning Board may allow the developer to cluster the permitted number of dwelling units. in detached, semi-detached, attached, or multi-storey structures . 7 . No more than six semi-detached, attached, or multi-storey dwelling units shall be permitted to be clustered in any one structure, nor shall that structure be more than three storeys high, including the basement or cellar. Distances between buildings in the clustered subdivision shall be no less than thirty (30) feet. No building shall be more than three storeys. In any event, no building shall be more than thirty (30) feet in height. 8 . The area of the subdivision reserved for open space shall be more than ten percent of the gross area, and shall contain a parcel with an open area of at least 10 ,000 square feet. 9 . Buffer areas shall be at least thirty (30) feet wide between the buildings in a clustered subdivision and the boundary of adjacent property in residential and agricultural zoning dis- tricts, and at least twenty (20) feet wide between the 4 APPROVED BY TOWN BOARD 11/16/82 buildings in a clustered subdivision and the boundary of adjacent property in commercial, industrial, public use, or other zoning districts. The Planning Board may require a buffer at least forty (40) feet wide between the edge of the pavement of any public road in a clustered subdivision and any adjoining property. Notwithstanding the foregoing, the Plan- ning Board may require a buffer of at least one hundred and twenty five (125) feet between a community center and the boundary of adjacent properties in any zoning district. The Planning Board may also, at its discretion, require the devel- oper to provide adequate landscaping within the buffer area. Parking shall be forbidden in the buffer area. 10 . The Planning Board may, in the course of subdivision plat review, regulate the exterior characteristics of any proposed structures or uses in order that the development shall be, in the judgment of the Planning Board, compatible with the surrounding community. Factors which may be considered in this judgment include, but are not limited to: a) the view accorded present owners of property, or legal users of public property, in the vicinity of the proposed clustered subdivision after construction of the project. b) the size, shape, color , and materials used in the pro- posed structures and other areas . c) ambient noise incidental to the normal activity in the project, as presented, or extraordinary noise incidental to the construction of the project. d) the phasing plan proposed by the developer, if the development is to be built in stages. 11 . All chimneys , lightning rods, radio and television antennae , passive or active solar collectors, or other similar append- ages which may be permitted in the clustered subdivision shall be detailed in the subdivision plat, map or other document. These details shall be noted in the conditions of final approval and must be made available to all prospective buyers of property in the subdivision. The Planning Board may require a developer to provide a master antennae or provide cable television service for the development if , in the Board' s opinion, the location of the proposed development would make the use of separate antennae by individual home- owners unsightly or impractical. 12 . At the time of preliminary approval, it shall be determined whether or not the subdivision to be considered shall be a cluster design. If the developer presents to the Planning Board a traditional subdivision plan, the Planning Board shall have the authority to approve a preliminary plat for a given number of units, contingent upon all or part of those units 5 • APPROVED BY TOWN BOARD 11/16/82 • being clustered in a final plat acceptable to the Planning Board. 13 . As a condition of approval of a clustered subdivision plan , the Planning Board may restrict or require the restriction of the number of unrelated persons who may be allowed to live in any dwelling unit or in the clustered development as a whole to a number less than that permitted by the Zoning Ordinance. These restrictions may be made conditions of preliminary or final approval or placed on the subdivision plat or included in the approval of any homeowners agreements, covenants and bylaws, open space agreements, and/or similar documents subject to the final approval of the Town Board. No Certifi- cate of Occupancy or Compliance shall be issued for any building or dwelling unit in a clustered subdivision unless the Building Inspector has received written assurance that the owner understands that he must abide by the terms and con- ditions regulating the number of unrelated persons permitted • to live in the dwelling unit. 14 . In cases where the developer proposes to develop a portion of the property as a traditional; subdivision and a portion as a clustered subdivision, the Planning Board shall have the authority to approve, modify, or disapprove the proportions of the project which shall be developed traditionally or using cluster. 15 . In the event the Planning Board approves a traditional subdi- vision plan at the preliminary subdivision hearing, the developer shall have the option of submitting a cluster plan prior to final plat approval which may be considered by the Planning Board. In this case, the Planning Board shall schedule another public hearing prior to final subdivision approval in order to consider the cluster proposal. Conclusion: The Planning Board may revise these rules and regulations from time to time in order to act within the full authority dele- gated by the Town Board to the Planning Board pursuant to Article 16 , Section 281 of Town Law, as amended. Any revision or modification of these regulations made by the Planning Board shall be approved by the Town Board. In the event any section or part of these rules and regulations is found to be void by a court of competent jurisdiction, all other sections of these regulations shall remain in full force and effect. 6 • 0 • (-----it--)"."/ .41) • SUBDIVISION REGULATIONS * * Planning Board of the Town of Ithaca, Tompkins. County * Section 1. By resolution adopted byAhe Town Board ei the 6 day of Oct.,t1e55 pursuant to the provisions of Article 16 of the Town Law, the Planning Board Town of Ithaca has the power and authority to approve plats far subdivisions city orw thin that part of the Town of Ithaca outside the limits of play lage. By Resolution adopted by the Town Board on the 3rd day of Nov. 1955, Section 2.the planning board of the Town of Ithaca be and it hereby is empowered at the time of , the approva. of a plat either to confirm the zoning regulations of the land so platted as shown on-the official zoning maps of the town or to make any reasonable change therein upon following the procedure required by Section 281 of the Town Law. Section 3. .DEFINITIONS For the purpose of these regulations certain words used herein arc defined as follows: Board--means the Planning. Board of the Town of Ithaca -igineer--means the duly designated engineer of the Town of Ithaca or if there be no such official, the planning consultant or Town Official employed by or assigned. to the Town Planning Board. Subdivision--means the division of any parcel of land into two or more lots, plots, sites or other divisions of land for immediate or future sale or for building development in such a way as to create one or more new streets. Sketch Plan--means the proposed general plan of streeto, lots or other features that may be submitted to the Board by the Subdivider for informal discussion and re- view, on which the Preliminary Layout will be based. eavin a indicating tie proposed 1a,Y`, Preliminary Layout--Means the preliminary 8 out of the subdivision to be submitted to the Planning Board for its consideration. Plat--means the final the Planning or chart o which vathe a if appr�oved, es plan of subdivision is presented to g Boa-r'd for approl, and uhi which, or will be submitted to the county cl�rstablishedsrathe for Townrecording. undcr Section 270 of Official Map--means the map by the Town Law showing streets, highways and other public proposals theretofore laid out; adopted and established by lay and fro�m approval any amendments of subdivision plats thereto ppla s by �he the Planning Board additions thereto resulting and the subsequent filing of such approved plats. Master Plan--means a comprehensive plan prepared by the Planning Board pursuant to Section 272a of the Town Law which indicates the general locations recommended for the various functional classes of public works, places and structures and for thef egeO' eral physical. detielopmeiit of the Town of Ithaca and includes tunitoo pa rt plan separately adopted and any amendment to such plan or part$ • Section 4. PROCEDURE. • A. Prior to the filing of an application for approval of the Preliminary Lay- cyst, the Subdivider may oubmit to the Board a Sketch Plan as specified in Sectiqi . This does not require formal. application. The Board or a committee of the Board shall discuss with the Subdivider or his agent the proposed plan of subdivision and shall indicate to the Subdivider the changes, if any, that will be required and the pro- cedure for submitting and obtaining approval of the Preliminary Layout: B. Whenever any subdivision of land is proposed to be made and before any con- tract for the sale of or any offer to sell such subdivision or any lot or part there- of of is made, and before any permit for the erection of a structure shall be granted, the subdivider, or owner thereof, or his agent shall apply in writing to the board for apex oval of such subdivision. The application of the subdivider, owner, or agent to the board shnlll conform to the specification. in section 4, 6 end 7 of these regula- 4.i w7n R C. The preliminary'layouto topographic man, street profiles and formal subdivi- sion plat and all procedure relating thereto ohsflL in �oresIeccw respects e(See Appendix n A) and ance with the provisions of Sections 276 and 277 • dr these regulations except where variation therefromiessy be specifically. authorized by • the Board• t iss described in section 6�'de- D. Three copies each of the preliminary layou , n setth doe topo- si(pated as such at the scale of not more than 100 feet to 'the •incith graphy (when required by the Board) shown by contour inttervals of nndt 'm re mind/street than 5t for steeply sloping land, and 2 feet for flat or gently sloping land and profiles at appropriate scales 'shall be filed with the Board. •The Board shall en . study the preliminary layout and proposed street profiles in connection with the topo- anapth of the area, , if any, anndrsha��akesInnto the derationithece the Master general require- ments en the Official uni Y, to bp of the al community gien todmattersst use of enumeratedhin Section subdivided. heeTown Law asParticular asnto s specific givenupublic improvements, easements and right of ways, the as qu specific requirements for adequacy of street connections and the suitability of the land for development. E. After arriving at tentative conclusions the Board shall discuss the be pBoard helayout with the subdivider or his meats at a regular meeting of After such discussion the Board shall communicate in writing within 30 days to the developer •(1) the specific changes which it wilhe prepreliminary e yolayout, and. public iuirevinet require in (2) the character extent of the required _ waivers may have been requested and which in itsnopinion n mny ays e(3aived amounttio ojeop- ardy to the public health, safety, morals and galwelfare; fared (t3) theer which it con- structionon- or Improvement or the amount of the performance require- as prerequisite-to the approval of the formal subdivision plat to be submit- • ted subsequently. F. The subdivider, after official notification bbydthehBoe d, isthlre iectn oix the preliminary layout and the changes, if any, months thereafter file with the Board three drawings of the formal subdivision'plat and street profiles. Two of these drawingo shall 'be on cloth and one' on paper and in sheets 16 x 23 inches or 32 x 46 inches and to a scale of not more than 100 feet to the inch except when more than one' sheet is -required, - an aneadditionaonle .subdivisionof the same size shall be filed showing to appropriate on one sheet with lot and block numbers. Before the Board acts on the formal- sub- division plat it shall hold a formal hearing thereon in compliance with:Section 276 . of the Town Law. The Planning Board shall then,vithin 45 days from the date of sub-!ftts Ad mission of the formal plat, approve, modify and approve-or disapprove such plat. Such approval shall, however, not be deemed final until the subdivider ban complied with the provisions of the following paragraph. G. The developer shall complete in accordance with the -Board's decision to the satisfaction of the engineer and any ether official or body:authorized by law to act, all the street and sanitary improvements specified in Section 277 of the Town Law red not specificallyvalved 'by the Board, or alternatively, shall file with'the Board a performance bond complying with such Section 277 of the Town Law eatisfactory.to the Town Attorney, as to form, sufficiency, manner of execution and surety, for the com- pletiona of such cialeons 86 are not authorized to ctted priordtoot thapproved approval of then plater The any otherh official or body The Board shall require a certificate from the engineer or other deaigpatcd official as to the satisfactory character of improvements completed and from the Town Attorney as to adequacy of any bond which may be proffered. The subdivider shall tender offers of cession in a form certified as satisfactory by the Town Attorney of all land in- cluded in streets, highways or other public improvements, not specifically reserved 'by him, but approval of the plat by the Board shall not othernstiute an acceptance by o the Town of the dedication of any street, highway, public -2. file th oard a cate • g. The aeveloper• ahall obtain and catinwi8atiafaBCtory designiciorcpliaace�with the Tompkins County Department of Bealth indicating Code (See Appendix A . the realty subdivision provisional of the County SanitarypP } I. After the completion of these details and notation to that effect upon the plat, it shall be deemed to have final approval and within 90 days thereafter the developer must file the plat with the county clerk or registrar. Otherwise such ap- proval shall expire as provided in Section 276 of the Town L.ay. Section 5. GEN a' • REQUIREMENTS FOR THE SUBDIVISION OF LAND. The subdivider shall observe the following general requirements and principles of land subdivision; l: In`general,the proposed subdivision shall conform to the Official Map, the Zoning Ordinance and the Master Plan, if such exist. The arrangement of streets in the subdivision shall provide for the cone ttn �u.aiibu of the principal 1 streets in adjoining subdivisions or for their proper pro- jection when adjoining property is not subdivided, and shall be of a width at least as crcat as that of such existing connecting streets. 3, In general, main highways and secondary highways shall not be less then the width shown on the Master Plan,_ if such exists. As a general rule the width of minor streets between property lines. ehall not be less than 50 feet. '4. Dead-end or cul-de-sac 'Streets shall not in general exceed 500 feet in length, and shall be equipped with a turn-around roadway with a minimum radius of Tiff feet for the outside curb at the closed end. 5. Block lengths generally •shall not exceed 1500 feet in length. 6. Each normal block shall be planned to provide two roses of lots, but i -reg- elerly shaped blocks indented by cul-de-sac streets will be acceptable when peoperly designed with an adequate turn-around as in item 4, above. 7. Curb radii at intersections shall not be less than 20 feet and property lines shall be adjusted accordingly. 8. Side lines of.lots, so far•as practicable, shall be at right angles or radial to street lines. 9. Corner lots shall be increased in size whenever necessary so as to provide that any structure to be placed thereon shall conform to provisions of the Town Zon- ing -Ordinance. 10. Grades of all streets shall conform in general to the terrain and shall be the reasonable minimum but shall not be leas than 0.5 percent nor more than 5 percent for main thoroughfares nor more than 10 percent for minor streets. 11. Paved rear service streets of not less than 20 feet in width, or in lieu thereof, adequate off-street loading space, suitably surfaced, shall be provided in connection with all lots designed for commercial use. 12. In front of areas designed and zoned or where a petition for a change in zoning is contemplated for commercial use, to permit such use the street width shell .be increased V such amount on each side as may be deemed necessary by the Board to assure the free flow of through traffic without interference by parked or parking vehicles and to provide adequate and safe parking space for such commercial or buni- nesa district. 13. Land subject to flooding and land deemed by the Board to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may in- crease danger to health, life or property or aggr•avat3 the flood hazard. 14. In case a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further. resubd.ivision. 15. In general, no reserve strips controlling access from adjoining lands to land dedicated to public use shall be permitted. -3- • 16. In general, street lines within a block deflecting from each other at any one point more than 10 degrees shall be connected with a curve, the radius of which • for the, inner street linen shall not be less than 350 feet on main thoroughfares, 250 feet on secondary thoroughfares, and 100 feet- on local streets. The outer street line in each case shall be parallel to such inner •btreet line. 17. Variations of the general requirements• above outlined may be permitted by the Board on- application when in their judgment special 'factors warrant such a varia- tion. -- Section 6. .ARE-APPLICATION PLANS AND DATA The Subdivider may'present to the Board a Sketch Plan and supporting data for purposes of- informal review and discussion. The following information should be pro vided: ; -' r' 7,(1) /General subdivision information outlining the existing conditions of the site and-:the proposed development. . •:(2) A location map showing the relationship' of the proposed subdivision to existing community facilities. • {3) A sketch plan on a topographic survey showing in simple sketch form the proposed layout of streets, lots and other features of the proposed subdivision. Section 7. THE PRELIMINARY LAYOUT. Subdividers shall present to the Board a preliminary layout. Three paper copies shall be filed at the scale of not more than 100 feet to the inch, showing or accom- panied by the following information. . 1. Proposed subdivision name and identifying title and the name of the:City, • Village, Town or Towns and county in-which the subdivision is located. 2. Name and address of record owner, subdivider and designer of preliminary layout. • I ' 3. Location of property lines, existing 'easements, buildings, water courses and other essential features. . 4. The names of all subdivisions immediately adjacent and the names of owners of record -of adjacent acreage. 5. The location of any existing sewers and water mains, culverts and drains on the property to be subdivided. 6. Location, names and present widths of existing and proposed streets:, high- ways, easements, building lines, alleys, parks and other public open spaces and sim- ilar facts regarding property adjacent. 7. Any changes in the use, height, area and density districts or other regu- • lations under the zoning ordinance applicable to the area to be subdivided and any boundaries of such districts affecting the tract; all parcels of land proposed to • be dedicated to public use and the conditions of such dedications. 8.• The width and location of any street or other public ways or places shown upon the Official Map or the Master Plan, if such exists; within the area to be sub- divided, and the width, location, grades and street profiles of all streets or other public ways proposed by the developer. 9. Typical cross sections of the proposed grading and roadways or sidewalks. 10. Date, true north or magnetic north properly designated and the scale 11. Map of survey of tract boundary made and certified by- a licensed land.A surveyor. 12. Connection with existing water supply or alternative means of providing water supply to subdivision es provided in County Sanitary Code. 13. Connections with;existing sanitary sewerage system or alternative means of treatment and disposal-proposed as provided in the County Sanitary Code. 14. Provisions for collecting and discharging surface drainage, 'ineluding pub- lic easements. • 15. Preliminary designs of any bridges or culverts which may be required. - 1 • " approximate dimensions. • . i6. The proposed lot lines Kith app Deed location of and type of 17. The preliminriry layout shall show the prop sideways, street tin standards and species of street trees, the location of curbs, -gutters water g Beaera. end storm drains and the sizes and er mains, sanitary th of pavement and sub-bye, the loca- tion ofhnoo the andhbasisr dundergr0u 4 cOnduits, where appropriate. any . manholes h toll is such as to cke difficult the inclusion t of 1g.,•y�ere the topography reliminary y" hall such facilities within the publie area sct e��egt eaaer�ente over out, the orunder private Property, show the boundaries of proposed p s than 10 feet in width and which shall which permmne�b easements shall be not 1�� public highway or other public open access to an existing prove shoe wn -satisfactory out or upon the Official Map• the sub �pcce 1hown upon the lay layout reabmitted covers only a part of 19. Where the ��,i eliminary a e etch of the prospective future street system oft e unsubmitted part shall divider s entire holding, the street system of the unsubmitted be furnished anal 'part t of adjulstments and connections with the street will be considered in the li Bh , system of the part not submitted. ove is required by the Board for the pur- pose ofmp the itraSecti set 76' an 277 of the Town Law and the County Code ofn complying with Sections t7 e and for the jnfo=^,ysticrn of the public at t_�e�eu�"ofbPageingeuponethefor�e in e preparation edite thep� preparation of this material will expedite subdivision plat. . Section 8. THE SUBDIVISION PLAT.ib l d subsequent recording shall A. The subdivision plat submitted for approvalloth eo The size of the sheets shall and e drawn or reproduced uponos be clearlyg �' margin�of one inch outside ruled be 16 x 23 inches or 32 x t6 inches, including a, the left side of the 16 or border lines on three sides and two inches border along 32 inch side for binding. • B. The drawing shall be at the scale of not more than 100 feet to the inch. The subdivision plat shall show:, title and the name of the City, • 1. Proposed subdivision prune or identifying title name viL and ad e Town or Towns and county in which the subdivision is located, the rl the and address of record owner and subdivider, neu�ey�� license number and seallicensed professional engineer areas 2. Street lines, pedestrian ways, lots, reservations, easements and ublic use. offi- cial be dedicated to p engineer or other designated town 3. Sufficient data acceptable to the ens and length of every street line, boundary line and to reproduce such lines upon the'ground. Where prac- lot cfal to determine readily the location, bearing be tied to recognizes tie ble,line he wary ticeble, these should be referenced to monuments, �d should radii, length reference points. es k. The length of all straight lines, the deflection oangles, nd ge length of curves and central angles of all curves, tangent distancesof the lines of each givenringl for each street. All dimensions and angles shall be be shown in feet and decimal© of a lot shall also be given. All dimensions shallgs of the property, location, grap`�-c foot. The final peen shall show the basin • designation thereon all public scale and. true final plan shall north point. 1 o er design 5 . The also show byproper p open spaces for tithich deeds d of cession are included and those spaces title to which of the latter, there shall be submitted he man- ner reserved by the developer. For any subdivision plat copies of agreements or other documents showing the final suprovisions made therefor. per in which such are of are to ande maintained anderning the ons meths of or. shall bear the certificate of approval of the Town Attorney as to their 6. All offers of cession covenants g open space legal sufficiency. -5- . 7. Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order ireference accordance monuments the shallbelshown Town thus practice.." They shall be 8. Perrr.Anent constructed in accordance with specifications of the engineer, or other designated town official. They shall be placed as required by the engineer and their location•: noted and referenced upon the plat. 9. All Sot corner markers shall be permanently yr�oc t aeunder specifications satisfactory to the engineer, and shall be clearly the Pr n. 10. Monuments of a type approved by the engineer shall be set at all corners and' angle'points of the boundaries of the ori.ginal tract to be subdivided; and at allbstreet intersections, angle points in street lines, point& of curve and such iutrimediate points as shs11 be required by the engineer or other designated, town off pal. • APPENDIX A ' 1. Applicable Sections of the Town Law, State of New York • • Chapt. 62 Of The Consolidated Laws Article' 16 • Section 276. Approval of Plats. For the purpose of providing for the future growth and development of the town and affording adequate facilities for the hours- ' ing, transportation, distribution, comfort, convenience, safety, health and welfare of its population, such town board may by resolution authorize and empower the pian- o( ning board to approve plats, showing/new/streets or highways within that part rov the town outside the limits of anyincorporated city or village. Before such appal is given, a pablic hearing shall be held by the planning board, which hearing shall be advertised in a newspaper of general circulation in such town at least five days before such hearing. The planning board may thereupon approve, modify and approve or disapprove such plat. The approval required by section, or the ref s refusal approve, shall take place within forty-five days from • mission of the plat for approval; otherwise such plat shall be deemed to have been approved, and the certificate of the clerk of such town as to the date of submission- of the plat for approval and the failure to take action thereon within such time, shall be issued on demand and shall be sufficient in lieu of the written endorsement or other evidence of approval herein required. The ground of refusal of any plat submitted shall 'be t ated upon the records of such planning board. rove plate The clerk of every town which has authorized its planning board to app showing new streets or highways, as provided in this article, shall immediately file a certificate of that fact with the clerk or register of the county in which ouch tower is located. The approval by the planning board of a plat shoving one or more new streets or highways, or the certificate of the town as to the date of the submission of such plat and the failure of the planning board to take action thereon within forty-five days, shall expire ninety days from the date of such approval or of such certificate, unless within such ninety day period such plat shall have been "duly filed or recorded by the owner in the office of the county clerk or register. Section 277. App_rovalof Platal Additional Aec1uiaites. Before the approval • by the planning board. of a plat showing a new street or highway, such plat shall also show in proper cases and when required by the planning board, a park or parks r suit- ablytg located for playground or other recreational purposes. In approving such p the planning board shall require that the streets and highways shall be of sufficient width and suitable grade and shall be suitably located to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection, and to pro- vide access' of fire-fighting equipment to buildings, and if there be an official_ map or master plan, 'they shall be co-ordinated' so as to compose a convenient system con- forming to the official map and properly related to the proposals shown by the;plan- ning board on the master plan; that where a zoning ordinance has been adopted by the town the plats shown on said plat shall at least comply with the requirements thereof 'bat the land shown on such plats shall be of such . . . ° (Continued on next page) -A- character that it can be used safely for building purposed without danger to healt - or peril from fire, flood or other menace; that suitable monuments have been place at such block corners and other necessary points as may be required by the board and the location thereof is shown on the map of such plat; and that the parks shal be of reasonable size for neighborhood playgrounds or other recreational uses; tha all streets or other public places shown on such plats shall be suitably graded. an paved and that street signs, sidewalks, street lighting standards, curbs, gutters, street trees, water mains, sanitary sewers and storm drains or combined sewers sha: be installed all in accordance with standards, specifications and procedure accept able to the appropriate town departments, or alternatively that a perforrrnnce bond sufficient to cover the full cost of the same 'as estimated by the planning board in: other appropriate town departments designated by the planning board shall be fur- riahed to the town by the owner. Such performance bond shall be issued by a bond- ing or surety company approved by the town board or by the owner with security acceptable to the town board, and shall also be approved by such-town board as to form, sufficiency and manner of execution. Such performance bond shall run for a term to be fixed by the planning board, but in no case for a longer term than threc years, provided, however, that the term of such performance bond maybe extended by the planning board with consent of the parties thereto. If the planning board shall decide at any time during the term of the performance bond that the extent of building development -that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance bond, or that required improvements have been installed as provided in this section and by the planning board in sufficient amount to warrant reduction in the face amount of said bond, the planning board after due notice and public hearing may modify its requirements for any or all ouch-Improvements, and the face value of such performance bond shall thereupon be reduced by an appropriate amount no that the new face value will cover the cost in full of the amended list of improvements required 'by the planning board and any security deposited with the bond may be reduced proportionately. in the event that any required Improvements have not been installed as provided in this section within the term of such performance bond the town board may thereupon de- clare the said performance bond to be in default and collect the sum remaining pay- able thereunder and upon the receipt of the proceeds thereof the town shall install such improvements as are covered by such performance bond and are commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds. . , In making such determination regarding streets, highways, parks and required improvements, the planning board shall take into consideration the prospective character of the development, whether dense residence, open residence, business or industrial. Notwithstanding the foregoing provisions of this section the planning beard may waive, subject to appropriate conditions, the provision of any or all of such improvements and requirements as in its judgment of the special circumstances of a particular plat or plats are not requisite in the interest of the public health, safety and general welfare, or wh.ich' in its judgment are inappropriate because pf inadequacy or lack of connecting facilities adjacent or in proximity to the sub- division. • . 2. Tompkins County Sanitary Code Article VIII - Water Supply and Sewage Disposal For Realty Sub-Divisions Section I. Definition; As used in this Article, the word "sub-division" shall mean any tract of land which in hereafter divided into five or more parcels along an existing or proposed street, highway, eaocmcni or right of way for sale or rent as building plots, whether or not the lots or plots to be sold or offered for sale, or leaved for any period of time are described by metes and bounds or by reference to a map or survey of the property or by any other method of description. -7- • ' •" • Section 2. Regillations: Any person who shall engage in the development of a "sub-division" which is not'provided with a public water supply and a public sanitary sewer system shall first submit to the Commissioner a detailed plan or plot of the "sub-division" to- gether with such other information relating to the nature of the terrain, adjacent private or public water supplies and any other pertinent information as may be re- quired including a statement regarding the methods proposed for providing water supply and for the disposal of sewage and other wastes. No such sub-division or portion thereof shall be sold, offered for sale, leased or rented by any corporation, company, or person and no use thereof involving water supply and sewage disposal cb211 be undertaken thereon until a' plan or plot of such subdivision shhal call havvey e t==.n filed with and approved by the Commissioner. The P 'or plot " wt;h the aforesaid requirements except that the Commissioner may, in his discretion, el..:ept a less detailed plan or plot but containing such information as he nay re- quire. If approved,the installation of such facilities shall be in accordance with the plans as approved or any approved revision or re'isions thereof. water If in the judgment of the Commissioner, the proposed method of providing supply or sewage disposal would be or become inadequate or endanger the public . health by reason of unfavorable 'topography, drainage, soil, density of population, or' any other sanitary or physical feature, the Commissioner may refusefu bsuchnapprol. The determination of the Commissioner in refusing such ap the shallCommi beofin shall Ex- cept that upon written application of any interested party, grant a hearing to review such determination. The findings of the Commissioner after such hearing, shall be filed with the Department of Health. owera of Nothing herein contained shall be construed to delegate the general p the Water Power and Control Commission nor to impair nor to deprive such Commission of its powers and functions as now provided by law. Owners of sub-divisions offering lots for sale in a "sub-division" in which public water supply and a sanitary sewer system is not provided, shall- furnish each purchaser at the time of salea egible lesreprooduction of the ion ofmthe pin of the plot�of the "sub-division" as approved by ta struction of each building and its water supply and sewage disposal installatiais, they shall be inspected by-the Commissioner-and if -found to bee iin c mpliancefe icahe • the plans as approved, the Commissioner shall supply ne of Occupancy." .. Adopted by the Planning Board on 24 day of March, 1956. • - Approved by the Town Board on 24 day of March, 1956. • -8- ,\