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HomeMy WebLinkAboutSubdivision Regulations - loose in box SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW YORK Adopted by the Town of Danby Planning Board on December 5, 1991 and Approved by the Town of Danby Town Board on December 11, 1991 • TABLE OF CONTENTS ARTICLE I. INTRODUCTION AND ADMINISTRATION 1 Section 100 Authorization 1 101 Purpose 1 102 References and Interpretation 2 103 Applicability 2 104 Administration 3 105 Public Hearings 3 106 Minimum Requirements 4 107 Environmental Review 4 108 Fees 4 109 Violation and Penalty 4 110 Appeals and Waivers 5 111 Amendments and Rules 5 112 Separability 6 113 Effective Date 6 ARTICLE II. REVIEW AND APPROVAL PROCEDURES 7 Section 200 General Procedures 7 201 Minor Subdivisions - General Description 7 202 Major Subdivisions - General Description 7 203 Exemption from Subdivision Requirements 8 204 Clustered Subdivisions 8 205 Recreational Open Space Reservation 8 206 Tompkins County Department of Health 8 207 Processing and Review Steps 8 208 Sketch Plan Reviews and Pre-Application Information9 209 Major Subdivisions - Application for Preliminary Plat Approval 9 210 Minor and Major Subdivisions - Application for Final Plat Approval 11 211 Filing of Plats in Sections 13 212 Building Permit Issuance 13 ARTICLE III. SUPPLEMENTAL RULES AND REGULATIONS FOR CLUSTERED SUBDIVISIONS 14 Section 300 Introduction 14 301 General Procedures • 14 302 General Criteria 15 303 Other Review Considerations 17 ARTICLE IV. RECREATIONAL OPEN SI'ACE RESERVATION REQUIREMENTS 18 Section 400 General Requirements 18 401 Minimum Standards 19 ARTICLE V. ENVIRONMENTAL CONSERVATION 21 Section 500 Purpose 21 501 General Guidelines 21 502 Erosion Control 22 503 Drainage 23 504 Trees and Other Significant Vegetation 24 ARTICLE VI. ADDITIONAL REGULATIONS 25 Section 600 Layout, Blocks and Lots 25 601 Public Facilities 26 602 Solar Access 26 603 Streets 26 604 Street Improvements 26 605 Reserve Strips Prohibited 28 606 Water Supply and Sanitary Sewerage 28 607 Other Utilities 28 608 Survey Monuments 29 609 Certification of Improvements 29 610 Phased Developments 29 611 Inspections 29 612 Financial Guarantees for Improvements 30 • ARTICLE VII. DOCUMENTS TO BE SUBMITTED 31 Section 700 Introduction 31 701 Sketch Plan Application 31 702 Preliminary Plat Application 32 703 Final Plat Application 35 APPENDICES A. Definitions 37 • SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW YORK ARTICLE I INTRODUCTION AND ADMINISTRATION Section 100. Authorization. 1. These regulations shall be known and cited as the "Subdivision Regulations of the Town of Danby, New York". 2. The power to approve, approve with conditions, or deny subdivision plats is vested in the Planning Board as provided by these regulations. 3. The Planning Board is authorized to develop and enforce standards for the control of land subdivision and to approve plats for subdivisions and for new streets within the Town of Danby, and to exercise all other powers delegated to it by the Town Board. 4. The Planning Board is empowered at the time of the approval of a plat either to confirm the zoning regulations of the land so platted as shown on the official zoning map of the Town or to make any reasonable change therein, upon following the procedure required by Section 281 of the Town Law. 5. The Planning Board is authorized to require developers to submit a Clustered Subdivision plan whenever the Planning Board believes that the application of such procedure would benefit the Town. 6. The authority of the Planning Board to require clustered layouts of subdivisions is limited by the conditions of Article III of these regulations, and by the provisions of Article 16, Section 281, of the Town Law. 7. Whenever any subdivision of land is proposed to be made, before any contract for sale, or any offer to sell any lot in such subdivision, and before any building permit is granted for new construction on proposed lots of the subdivision, the subdivider or the subdivider's duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with adopted current requirements and procedures of the Planning Board. Section 101. Purpose. 1. The subdivision regulations are intended to guide and protect the community's physical, social, and aesthetic development, and to help the Town of Danby grow in an orderly, efficient, and economical manner which maintains and reflects the individuality of the Town and the character of the Town as a rural community and a beautiful and desirable place in which to live. In no way are the subdivision regulations designed or intended to create a hardship for any person or group. Rather, these regulations are considered part of an overall plan to protect all of the Subdiv.reg,wp51/Danby,12/17/91 5:55pm citizens of Danby and to aid all who wish to sell or develop a piece of land. 2. The regulations, standards, and procedures contained herein are developed to ensure the following: A. that the health, safety, and welfare of the Town's inhabitants are promoted; B. that land to be subdivided is suitable for building purposes without creating dangers to health or peril from fire, flood, or other menace; C. that all proposed lots be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties and with the character and contour of the land; D. that proper provision is made for drainage, water supply, sewerage, highways, open space, and other needed improvements; E. that all proposed streets compose a convenient system and shall be of such width, grade, and location as to accommodate the prospective traffic, and to facilitate access for emergency services and fire fighting equipment to all buildings; F. that proper provision is made for parks, playgrounds, and significant open space; G. that there is optimum overall conservation, protection, development, and use of the environmental resources of the Town of Danby. Section 102. References and Interpretation. 1. References herein to articles, sections, subsections, and paragraphs are to those parts of these regulations, unless context indicates otherwise. 2. For the purposes of these regulations,the language set forth shall be interpreted through reference to certain terms and their meanings in Appendix A, "Definitions". If not specifically defined in that Appendix, words and phrases shall be interpreted as set forth in the Town of Danby Zoning Ordinance, and otherwise so as to give them the meaning they have in common usage and to give these regulations the most reasonable application. 3. Construction. For the purposes of these regulations, the language set forth shall be interpreted according to the following rules of construction: A. The singular includes the plural. B. The plural includes the singular. C. The word "shall" means the action is mandatory. D. The words "may" or "should" mean the action is elective. E. Any masculine words include feminine words. Section 103. Applicability. 1. These subdivision regulations shall apply to any person, partnership, association, joint venture, or corporation who wishes to effect a subdivision after the effective date of these regulations. 2 tt Subdiv.reg,wp51/Danby,12/17/91 5:55pm 2. Any subdivision validly existing in the Town of Danby prior to the adoption of these regulations but which does not meet the standards for subdivisions as described in these regulations and which is not, as yet, developed shall be exempt from complying with such regulations. Section 104. Administration. 1. These regulations shall be administered by the Planning Board in cooperation with the Town Board and other agencies, and shall be enforced by the Code Enforcement Officer and by any other agent that the Town may designate. Any applicant for subdivision approval or other person who is aggrieved by a requirement or determination of the enforcing officer or agent affecting the interpretation, applicability, compliance with or enforcement of any of these regulations may appeal to the Planning Board for a review of the requirement or determination by the Planning Board in accordance with the provisions of Section 110 hereof entitled "Appeals and Waivers." 2. Whenever any subdivision of land is proposed to be made, the subdivider or his agent shall apply in writing to the Planning Board for the approval of the subdivision. This application shall conform to the specifications set forth in these regulations. 3. Until the Planning Board has given final approval of any application for the approval of a subdivision, and the subdivision map has been filed in the offices of the Tompkins County Clerk and the Town of Danby Town Clerk bearing the approval of the Town Planning Board and all other required endorsements and complying with these regulations and all requirements of law, no building permit for construction or other work on the property shall be issued nor shall such permit be valid if erroneously issued, and no lot in the subdivision shall be sold. Any such action or any work done on or with respect to the lands in the subdivision or any expenses incurred prior to final approval shall be at the peril of the owner of the land or the applicant and shall not give rise to any claim for damages by the landowner or applicant. Section 105. Public Hearings. 1. Notice of public hearing shall be published in a newspaper of general circulation in the Town of Danby at least five (5) days before the Planning Board meeting at which the application is to be considered, and shall comply with the requirements of Section 276 of the Town Law. 2. Advertising or publishing the notice, in accordance with the provisions of law, is the only notice legally required. 3. However, in order to promote public information and participation in subdivision approval procedures, the Planning Board may direct the Planning Board Secretary or other authorized person, or the applicant, to make reasonable efforts to notify owners of property adjacent to and abutting any boundary of the land proposed for subdivision or owners of land in the immediate vicinity of the proposed subdivision and others who have such standing as will support their 3 Subdiv.reg,wpi1/Danby,12/17/91 5:55pm interest in the subdivision or site plan. Failure to give any such notice shall not invalidate in any manner any action or determination by the Planning Board, nor shall such failure be a basis for any proceeding or action against any officer, official or employee, or a member of the Town Board or Planning Board. Section 106. Minimum Requirements. 1. In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements, adopted for the promotion of public health, safety, and general welfare. 2. Nothing in these regulations shall prohibit the subdivider from placing additional restrictions, not in violation of these regulations, on lots within the subdivision. Section 107. Environmental Review. 1. The subdivider may be required, at any stage of the application for subdivision approval, to furnish such information, data, maps, reports or other documents which the Planning Board, or its authorized agency, may require for environmental review procedures including all requirements of the State Environmental Quality Review Act ("SEQR"), and any local law implementing SEQR in Danby, as any of these may be amended from time to time, or any other applicable rule, regulation, code or law. 2. The Planning Board will usually act as the lead agency for the environmental review of subdivisions within the Town of Danby, although the subdivider may also be required to obtain approvals or permits from other agencies, such as the Town of Danby Town Board or Board of Appeals, or from the Tompkins County Health Department, prior to final approval of the project. Section 108. Fees. 1. The Town Board shall by resolution from time to time set a fee schedule for the review and processing of subdivision applications and for the inspection of subdivisions. 2. The Code Enforcement Officer or such other agent as the Town Board may designate shall calculate the fee for each application. Each fee shall be paid to the Town Clerk, or other authorized agent who shall issue a receipt stating the purpose of the payment. This receipt must be filed with the application as evidence of payment. Section 109. Violation and Penalty. 1. Any person, firm, or corporation who commits an offense against, disobeys, neglects, or refuses 4 n ' Subdi v.reg,wpSi/Danby,12/17/91 5:55pm to comply with or resists the enforcement of any of the provisions of the Subdivision Regulations of the Town of Danby, New York shall, upon conviction, be deemed guilty of a violation. A violation of these regulations is an offense and shall be punished by fine, or by imprisonment, or both. Each week an offense is continued shall be deemed a separate violation of this law. 2. In addition to the penalties provided by statute, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this law. Section 110. Appeals and Waivers. 1. The appeal by an aggrieved person for a review of the determination of the Code Enforcement Officer as provided for in Section 104 of these regulations shall be made in writing, shall set forth in a reasonably concise manner the determination from which an appeal is made and a full statement of the particulars and reasons why the subdivider believes the appeal should be reviewed in such detail on such forms as may be required by the Planning Board. Such appeal must be filed with the Secretary of the Planning Board at least twenty (20) days prior to the meeting of the Planning Board at which the appeal shall be heard. The Planning Board at its sole discretion may waive the aforesaid requirement and permit an appeal to he reviewed in a shorter period of time. The Planning Board shall render its decision in writing within 45 days of the meeting at which the appeal is reviewed. 2. When the strict application of any of the specifications and provisions of these regulations will cause unnecessary or significant hardship or practical difficulties, the Planning Board may waive any such specification or other provision so that substantial justice may be done and the public interest secured, provided that the Planning Board determines that neither a significant alteration of the purpose of subdivision control is made, nor the policy enunciated or implied by the Town Board in approving these regulations is impaired. In granting waivers, the Planning Board shall also require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived. Whenever any such waiver is granted, a copy thereof must be filed with the Town Clerk who shall then distribute copies to the members of the Town Board. 3. An appeal from any determination of the Planning Board shall be made in accordance with the requirements of Article 78 of the New York Civil Practice Law and Rules, and within the time limits set forth therein or in Town Law, whichever are shorter. Section 111. Amendments and Rules. 1. These regulations may be amended from time to time by the Planning Board with the approval of the Town Board. 5 J Subdiv.reg,wp51/Danby,12/17/91 5:55pm Section 112. Separability. 1. A final determination by a court of competent jurisdiction that any one or more of the provisions of these regulations are illegal, unconstitutional or otherwise void shall not affect the validity of all other provisions and such other provisions shall continue to be enforceable and in full force and effect. Section 113. Effective Date. 1. These regulations shall be effective upon approval by the Town Board. The Planning Board may direct that a notice of adoption be published in a newspaper of general circulation in the Town within ten (10) days following such effective date. 6 Subdiv.reg,wpS1/Danby,12/17/91 5:55pm ARTICLE II REVIEW AND APPROVAL PROCEDURES Section 200. General Procedures. 1, The procedures for Sketch Plan, Preliminary Plat, and Final Plat review shall be as provided for in these regulations and Town Law, Sections 276 through 281 as they may from time to time be amended. All application materials and other necessary information shall be in full compliance with the provisions of Town Law and these regulations except where variations therefrom may be specifically authorized by the Planning Board. 2. Any action or determination of the Planning Board approving an application, in whole or in part, whether final or preliminary, shall be revocable, in whole or in part, if the action or determination was made in reliance on any misrepresentation, concealment, or fraudulent act or statement by the applicant or was based on a mistake as to a material matter. Section 201. Minor Subdivisions - General Description. 1. A Minor Subdivision is any subdivision of land, after the effective date of these regulations, into at least two (2) but not more than four (4) lots, parcels, or sites and which does not require the construction of a new street or public water or sewer utility or the expansion or extension of an existing street or public water or sewer utility. Any subdivision which involves such improvement or which includes more than four (4) lots shall be considered a Major Subdivision unless exempted pursuant to the provisions of Section 203. 2. If subsequent to the effective date of these regulations four (4) lots are subdivided out of the same parent parcel through minor subdivisions, any further subdivision of the same parent parcel may be classified by the Planning Board as a Major Subdivision. In such event, such further subdivision shall require Preliminary Plat and Final Plat approval and submission of all data required for such approval, and the Planning Board may require plans and designs for the prior four (4) lots. Section 202. Major Subdivisions - General Description. 1. A Major Subdivision is any division of land, after the effective date of these regulations, into more than four (4) lots, or any division of land into two (2) or more lots which requires the construction of a new street or public water or sewer utility. Any subdivision which cannot be classified as a Minor Subdivision shall be regarded as a Major Subdivision unless exempted. 7 Subdiv.reg,wpS1/Danby,12/17/91 S:SSpm Section 203. Exemption from Subdivision Requirements. 1. A subdivision which does not involve extending an existing or creating a new public road or utility, and does not include any lots of five (5) acres or less in area, shall be exempt from these regulations. Section 204, Clustered Subdivisions. 1. A subdivider may request, or the Planning Board may require, the use of a Clustered Subdivision design, in which case the subdivider may be required to present along with the Clustered Subdivision proposal in accordance with the provisions of Town Law Section 281 and of Article III herein, a sketch plat of a Conventional Subdivision. Section 205. Recreational Open Space Reservation. 1. The Planning Board may require the reservation of a portion of a subdivision for recreational open space, pursuant to the provisions of Article IV. Section 206. Tompkins County Department of Health. 1. Tompkins County Department of Health approval may be required for any subdivision containing five (5) or more lots. In some instances, approval by that Department may be required for less than five (5) lots. Early contact by the subdivider with this department is advised. Section 207. Processing and Review Steps. 1. Minor Subdivisions shall be processed in the following steps: A. At the option of the applicant, a Sketch Plan conference. B. Application for Final Plat approval. C. Planning Board review of Final Plat. D. Public Hearing. E. Planning Board action on Final Plat. 2. Major subdivisions shall be processed in the following steps: A. At the option of the applicant, a Sketch Plan conference with the Planning Board and/or the Town Board. B. Application for Preliminary Plat approval. C. Planning Board review of Preliminary Plat. D. Public Hearing. E. Planning Board action on Preliminary Plat. 8 Subdiv.reg,wp51/Danby,12/17/91 5:S5pm F. Town Board consideration of acceptance of proposed location and maintenance of any public roads and other facilities. G. Application for Final Plat approval. H. Planning Board review of Final Plat. I. Public Hearing (optional). J. Planning Board action on Final Plat. Section 208. Sketch Plan Reviews and Pre-Application Information. 1. At the option of the applicant, the applicant may present preliminary ideas in the form of a sketch plat to the Town staff for their comments and evaluation prior to the scheduling of a Planning Board meeting. The requirements for the Sketch Plan application submission are set forth in Article VII. 2. The subdivider should inquire of the Code Enforcement Officer as to the overall requirements of these regulations. That Officer will be available to help the subdivider understand the improvements and restrictions which the Planning Board could be expected to impose upon the development, as presented. The Officer and the subdivider should work together to ensure that the project will meet the requirements of these regulations as well as any additional requirements the Planning Board may impose. 3. If the subdivision is complex or extraordinary in scale, the applicant may present informally the Sketch Plan to the Planning Board and/or Town Board for each Board's comments prior to the preparation of a Preliminary or Final Plat. This Sketch Plan review may save the subdivider time and expense in the planning and design of the project. 4. Subdivisions classified as Minor may, at the applicant's option based on initial conference or Sketch Plan review, proceed directly to preparation of a Final Plat without submission and approval of a Preliminary Plat. Section 209. Major Subdivisions - Application for Preliminary Plat Approval. 1. Filing. All major subdivisions shall be subject to the Preliminary Plat requirements specified herein, unless otherwise specifically exempted. 2. Application. The subdivider shall file an application for the consideration of a Preliminary Plat on forms available from the Town Clerk accompanied by all documents specified in Article III herein. The application shall be filed at least twenty (20) days prior to the meeting at which it is to be considered by the Planning Board. 3. Study of Preliminary Plat. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the Preliminary Plat. The Plat shall be reviewed for 9 Subdiv.reg,wp51/Danby,12/17/91 5:55pm compliance with any Sketch Plan plus required modifications, with the provisions required elsewhere in these regulations, and with any other applicable laws, rules, and regulations. 4. Public Hearing for Preliminary Plat. Following the review of the Preliminary Plat and supplementary material submitted for conformity to this law, and following discussions with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him, the Planning Board shall hold a public hearing. This hearing shall be held within forty-five (45) days of the official submission date of the Preliminary Plat, except as such schedule may be modified for compliance with SEQR, N.Y.S. General Municipal Law Sections 239-1 and -m, and other laws and regulations. The hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five (5) days before the hearing. In addition a similar notice of the public hearing shall be mailed by the subdivider to all owners of property contiguous to the boundaries of the property under consideration. For this purpose properties directly across any street shall be included as contiguous properties. Such notice shall be mailed no less than 7 days prior to the public meeting. Proof of such mailing shall be filed with the Board hearing such application prior to the holding of the public hearing. When the Planning Board determines that a particular subdivision involves issues that may significantly impact on land that is not immediately contiguous to the property under consideration, the Board may direct the applicant to provide notice of the hearing to any person owning land within 500 feet (or such lesser distance as the Planning Board may determine) of the perimeter of the boundary of the property under consideration. 5. Action on Preliminary Plat. Within forty-five (45) days after the public hearing for the Preliminary Plat, the Planning Board shall approve, with or without modifications, or disapprove the preliminary plat and state the reasons for modifications or disapproval in the Planning Board records. The time in which the Planning Board must take action may be extended for good cause and upon mutual consent of the subdivider and the Planning Board. 6. Actions on Preliminary Plat. Following Preliminary Plat approval, the subdivider may proceed to stake out roads and lots, to prepare final plans and any engineering plans showing information and data required by these regulations and other applicable provisions of law. The subdivider shall also furnish such other information as may be lawfully and reasonably required by the Planning Board. 7. Requirement of Final Plat Approval. Approval of a Preliminary Plat shall not constitute approval of the Final Plat. The Preliminary Plat shall be a guide to the preparation of the Final Plat. The act, in itself, of the Planning Board in granting Preliminary Plat Approval shall not be interpreted to create a presumption, or in any way imply, that the Planning Board will give final approval to the subdivision if all conditions contained in the preliminary approval have not been met to the satisfaction of the Planning Board or if the Planning Board determines that the subdivider has not met all other requirements of any applicable rule, regulation, code or law or any other require- ments which the Planning Board may reasonably impose before any final approval is given. 10 • Subdiv.reg,wp51/Danby,12/17/91 5:55pm Section 210. Minor and Major Subdivisions - Application for Final Plat Approval. 1. Applicability. All Minor and Major Subdivisions shall be subject to the Final Plat requirements, as specified herein. 2. Application. The subdivider shall file an application for the consideration of a Final Plat on forms available from the Town Clerk accompanied by all documents specified in Article VII herein. The application shall be filed at least twenty (20) days prior to the meeting at which it is to be considered by the Planning Board. 3. Time of Application. If the application for Final Plat approval is not submitted within six (6) months after the approval of the Preliminary Plat, the Planning Board may refuse to approve the Final Plat and may require resubmission of the Preliminary Plat. 4. Public Hearing. Unless waived as set forth below, a public hearing shall be held by the Planning Board within 45 days from the date that a completed Final Plat application is filed, except as such schedule may be modified for compliance with SEQR, N.Y.S. General Municipal Law Sections 239-1 and -m, and other laws and regulations. The hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five (5) days before the hearing and if a Major Subdivision, notice shall also be mailed to landowners in the same manner as notice of a public hearing on the Preliminary Plat Approval application. 5. Waiver of Public Hearing. The Planning Board may waive the requirement for the public hearing on the Final Plat when the Planning Board deems the Final Plat to be in substantial agreement with the Preliminary Plat and with any modifications required as conditions of the Preliminary Plat approval. 6. Action on Final Plat. The Planning Board shall by resolution approve, conditionally approve with or without modification, or disapprove the Final Plat, with any reasons for modification or disapproval stated in the Planning Board records. This action shall occur within 45 days from the date of the public hearing on the Final Plat, or within 45 days after receipt of the completed Final Plat application by the Town Clerk if no hearing is held. The Planning Board may also, for good reason, cause the extension of this review period. The subdivider shall be notified of the final action of the Planning Board by mail within 5 days of such action. 7. Additional Requirements for Approval of Final Plat. Such approval shall, however, not be deemed final until the subdivider has complied, where applicable, with the provisions of the following paragraphs: A. The subdivider shall tender "offers of cession", in a form certified as satisfactory by the Town Attorney, of all land included in streets, highways or other public improvements. However, approval of the plat by the Planning Board shall not constitute acceptance by the Town Board of any street, highway, or other public improvements. I1 Subdiv.reg,wp51/Darby,12/17/91 5:55pm B. The subdivider shall obtain and file with the Planning Board a letter from the Tompkins County Department of Health indicating satisfactory design compliance with any applicable provisions of the Tompkins County Sanitary Code or other State or local law or regulation. 8. Conditional Approval of Final Plat. At the time of a resolution granting conditional approval to a Final Plat, the Planning Board shall empower a duly authorized officer of the Planning Board (Chairperson or Acting Chairperson) to sign the plat subject to completion of the requirements stated in the resolution. Upon completion of the requirements, the plat shall be signed by said duly authorized officer. The subdivider has 180 days to satisfy the requirements on which the approval has been conditioned and obtain the certification of the designated officer. This period may be extended by the Planning Board if in its opinion, circumstances warrant an extension, for up to two 90-day periods beyond the 180 days. 9. Filing of Final Plat. Upon completion of any requirements imposed by the Planning Board as part of Final Plat approval, and notation to that effect upon the Final Plat, the Plat shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board. Said signed Plat shall be filed in the Office of the Tompkins County Clerk. Any Plat not so filed or recorded within sixty (60) days of the date upon which such Plat is approved or considered approved by reasons of the failure of the Planning Board to act, shall become null and void. No Plat shall be accepted for filing by the Tompkins County Clerk unless it has been duly approved by the Planning Board in accordance with these regulations. 10. Modifications of the Final Plat. A. If there are modifications of the final plat requested by the subdivider subsequent to its filing in the office of the County Clerk, such requests shall be made in writing to the Chairperson of the Town Planning Board (or such other person such as the Code Enforcement Officer duly authorized by resolutions of the Planning Board and Town Board), who is hereby empowered to approve minor, practical modifications on behalf of the Planning Board. The Chairperson (or other person so authorized to make changes) shall report any modifications approved by such person to the Planning Board at its next regularly scheduled meeting. Approval of said modifications shall be noted by that Chairperson on the amended plat and the amendment should be filed in the office of the Tompkins County Clerk. B. When, in the opinion of the Chairperson of the Town Planning Board, the requested modifications are substantial in nature, scope or extent, and materially affect the sub- division plat as approved by the Planning Board, the subdivider shall not proceed without the approval of the Planning Board. Such approval may be granted at any public meeting of the Board called for this purpose. Upon approval of such modifications, the authorized officer of the Planning Board (Chairperson or Acting Chairperson) shall so note on the resubmitted plat before its filing as an amended plat. 12 Subdiv.reg,wp51/Danby,12/17/91 5:55pm C. No changes, erasures, modifications, or revisions shall be made on any Final Plat after approval has been given by the Planning Board and endorsed in writing on the Plat, unless said Plat is first resubmitted and modifications are approved as provided for in this section. Section 211. Filing of Plats in Sections. 1. Prior to granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided into two or more sections and may in its resolution granting conditional or final approval state such requirements as it deems necessary to insure that the orderly development of the plat be completed before such sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a plat, subject to any conditions imposed by the Planning Board, shall be granted concurrently with conditional or final approval of the plat. 2. In the event the subdivider shall file only a section of such approved plat in the office of the Tompkins County Clerk, such section shall be filed with the Town Clerk within thirty (30) days of the filing of such section Such section shall encompass at least ten (10) percent of the total number of lots contained in the approved plat and the approval of remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Section 265-a of Town Law. Section 212. Building Permit Issuance. 1. The Code Enforcement Officer shall not issue a building permit or Certificate of Occupancy for any structure on any lot in the subdivision, unless the approved Final Plat is filed in the office of the Tompkins County Clerk and the office of the Town of Danby Town Clerk, and until any other pertinent requirements have been met. 13 1 ' Subdiv.reg,wp51/Danby,12/17/91 5:55pm - ARTICLE III SUPPLEMENTAL RULES AND REGULATIONS FOR CLUSTERED SUBDIVISIONS Section 300. Introduction. 1. The Town Board has empowered the Planning Board to modify applicable provisions of the Zoning Ordinance in the review and approval of subdivision plats, as provided in Town Law Section 281 and as supplemented by the procedures and standards herein. 2. The purpose of such authorization is to enable and encourage flexibility of design and development of land in a manner that promotes the most appropriate use of land, facilitates the adequate and economical provision of streets and utilities, and preserves the environment and the natural and scenic qualities of open lands. 3. A subdivider may request the use of Town Law Section 281, or the Planning Board may require a subdivider to use this procedure, if, in the Planning Board's judgment, such use would benefit the Town. 4. The provisions of this article shall not be deemed to authorize a change in the permissible use of such lands as provided in the Town Zoning Ordinance. 5. No subdivision shall be approved by the Planning Board pursuant to this article which shall not reasonably safeguard the appropriate use of adjoining land or which shall not be consistent with the purpose and intent of the Zoning Ordinance or the purpose of these regulations. Section 301. General Procedures. 1. At the option of the subdivider, two (2) alternative Sketch Plats, one showing a conventional layout and one showing a clustered layout, may be submitted for Sketch Plat review by the Planning Board. 2. Following review of the alternative Sketch Plats for conventional and clustered layout, the Planning Board shall determine whether such information is adequate to determine the maximum permissible density pursuant to the procedures of Town Law Section 281. Upon a determination that such information is adequate the Planning Board may grant conceptual approval to one of said alternative plats, and may condition that approval on plan modifications, and the subdivider shall be permitted to proceed with an application for Preliminary or Final Plat approval. 3. Subsequent to such conceptual approval, the Preliminary and Final Plat application requirements set forth in Article VII shall apply, except that, in addition, a clustered site plan meeting the requirements of Town Law Section 281 shall accompany such application, along with a statement 14 i Subdiv.reg,wp51/Danby,12/17/91 5:55pm describing proposed modifications or supplementations of Zoning Ordinance requirements. 4. Such clustered site plan shall show areas within which structures may be located, maximum height and minimum spacing of buildings, proposed open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways, and other physical features as may be required by the Planning Board. 5. The Planning Board may require that a clustered development plan be made simultaneously, or subsequent to, presentation or approval of a Preliminary Plat. In such case, the Planning Board may require a Clustered Subdivision Plat and clustered site plan to be prepared and presented alone or in conjunction with a conventional plat as part of the Preliminary Plat application. 6. Determination on voluntary or required applications under this part shall be made by the Planning Board based on the Sketch Plan, the Preliminary Plat, the clustered site plan, and on other information required by these regulations, Town Law Section 281, SEQR, and other applicable regulations. 7. When the subdivider presents to the Planning Board a conventional Preliminary Plat, the Planning Board may grant Preliminary Plat approval for a given number of units, contingent upon all or part of those units being clustered in a Final Plat acceptable to the Planning Board. 8. In the event the Planning Board grants Preliminary Plat approval to a conventional subdivision plan, the subdivider shall have the option of submitting a Clustered Subdivision Plat prior to Final Plat approval. In this case, the Planning Board shall schedule a public hearing prior to final Plat approval in order to consider the Clustered Subdivision proposal. 9. When the subdivider proposes to develop a portion of the property as a conventional subdivision and a portion as a clustered subdivision, the Planning Board may approve, modify and approve, or disapprove the proportions of the project and locations which shall be developed conventionally or be clustered. 10. Both the Final Plat and the Clustered Site Plan as finally approved by the Planning Board shall be filed in the offices of the Tompkins County Clerk and the Town of Danby Town Clerk. Upon such filing, the Town Clerk shall make appropriate notations and reference thereto in the Town Zoning Ordinance or Zoning Map. Section 302. General Criteria. 1. Minimum Gross Area. The minimum gross area for any clustered subdivision proposal shall be five(5) acres. Clustered subdivisions may be permitted in any zoning district of the Town of Danby. 2. Determination of Residential or Nonresidential Density. 15 Subdi v.reg,wp51/Darby,12/17/91 S:SSpm A. To determine the number of dwelling units or the size and number of nonresidential buildings or lots permitted to be clustered, the Planning Board may require the subdivider, as part of the Sketch Plat or the Preliminary Plat review process, to prepare a conventional subdivision plat which meets all standards of the Zoning Ordinance and Subdivision Regulations. B. The number of dwelling units or nonresidential buildings permitted in a clustered subdivision may in no case exceed the number otherwise permitted in a Conventional Subdivision, in the Planning Board's judgment, calculated by application of the appropriate sections of the Zoning Ordinance. C. The Planning Board may restrict the subdivider to a lesser number of dwelling units or nonresidential buildings if the Planning Board judges that particular conditions of the site warrant such restriction. D. In calculating the maximum allowable density, and in considering a Clustered Subdivision, the Planning Board may exclude areas which, in the opinion of the Board, are unsuitable for construction of the proposed development because of excessive slopes, poor drainage, or other considerations which may be injurious to the health, safety, and welfare of the community. E. The number of dwelling units or the size and number of nonresidential buildings allowed in any Clustered Subdivision shall not exceed the number determined by the Planning Board as shown on the Sketch Plat, except as such total number may be modified by the Planning Board following the additional review of a Preliminary Plat or other information. 3. Recreational Open Space. The requirements of Article IV, pertaining to recreational open space reservation, shall apply. • 4. Buffer Area Requirements. A. Buffer areas between buildings in a clustered subdivision and the boundaries of adjacent property shall be at least equal to the minimum rear yard setbacks required by the Zoning Ordinance for the site in which the proposed subdivision is located. B. The Planning Board may require a buffer area at least forty (40) feet wide between the street line of any preexisting public road and the rest of the Clustered Subdivision. C. The Planning Board may also require the subdivider to provide adequate landscaping within the buffer area. D. Parking spaces shall be forbidden in the buffer area. 5. Building Configuration. A. In the case of a residential subdivision, the Planning Board may allow the permitted number of dwelling units to be clustered in detached, semi-detached, or attached struc- tures. = 16 Subdiv.reg,wp51/Danby,12/17/91 S:SSpm B. No more than six semi-detached or attached dwelling units shall be permitted in any one structure. C. No building or other structure shall exceed the maximum height requirement of the Zoning Ordinance. D. Distances between structures containing dwelling units shall be no less than thirty (30) feet. Section 303. Other Review Considerations. i 1. General Considerations. General considerations which the Planning Board may use in order to determine the number'of dwelling units or lots which may be developed in any clustered subdivision include but are,not limited to the following: A. Whether such development would be substantially and materially injurious to the ownership, use and enjoyment of other property in the vicinity or neighborhood; B. Whether such development would impede the orderly development of land in the vicinity or neighborhood, and whether such use would be appropriate in appearance and in harmony with the existing or intended character of such land in the vicinity or tie' ighhor- hood; C. Whether the street system and off-street parking facilities could handle the :expected traffic in a safe and efficient manner and not place an undue burden on existing roads; D. Whether natural surface drainageways would continue to work effectively;. E. Whether water supply and sewage or other waste disposal facilities are adequate; F. Whether the environmental quality of the proposal, in terms of site planning, design, and landscaping, would be compatible with the character of the neighborhood; G. Whether the lot configuration, access, parking, and loading facilities are sufficient for the proposed activities; H. What effect the density of such clustered construction and use will have on the appearance and maintenance of open spaces in the neighborhood. 2. Regulation of Exterior Characteristics. In the course of clustered subdivision plat review, the Planning Board may 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 the following: A. Views to be afforded present owners of private property, or legal users of public property, in the vicinity of the proposed clustered subdivision; B. The description and nature, including size, shape, and color, of materials to be used on the exteriors of proposed structures and in other exterior areas; C. Ambient noise incidental to the normal activity in the project after its completion, or extraordinary noise incidental to the construction of the project; D. The phasing plan proposed by the subdivider, if the development is to be built in stages. 17 Subdiv.reg,wpS1/Danby,12/17/91 5:55pm ARTICLE IV RECREATIONAL OPEN SPACE RESERVATION REQUIREMENTS Section 400. General Requirements. 1. The Planning Board may require that land containing usable open space be reserved within subdivisions for parks, playgrounds, and other active or passive recreational purposes. 2. In the review of applications for both Major and Minor Subdivisions,consideration shall be given to the allocation of areas suitably located for recreational open space purposes to benefit the residents of the subdivision or the neighborhood, and made available by one or a combination of the following methods: A. Dedication to the Town or an approved conservation agency. i, The subdivider may transfer the deed of the open space area to the Town or to a conservation agency approved by the Planning Board and Town Board with provisions limiting the use of such area exclusively for recreational open space, or for preserved open space with accessory recreational use. ii. If the Town Board approves a dedication to the Town, it shall assume the responsibility of developing and maintaining the open space area. iii. In the event of n proposed dedication to an approved conservation agency, and upon determination by the Planning Board and the Town Board that sufficient public benefit would accrue from such dedication, suitable agreements related to the responsibility of open space development and maintenance shall be subject to Town Board approval. B. Reservation of land for use by the subdivider or by other property owners in the subdivision, by deed or covenant. i. The subdivider may develop and maintain the open space area, and may develop a deed or other suitable instrument which specifically limits the use of said area to recreational and other open space uses. ii. In such case the subdivider shall submit a written statement along with the Preliminary Plat Application, describing how he intends either a. to retain the land reservation in his ownership, and describing how he will guarantee that appropriate maintenance is provided in perpetuity, or b. to establish a homeowners' association or other arrangement in the subdivision which will assume ownership of the land and the responsibility for its development, maintenance, and legal liability. iii. Such statement shall be subject to approval by the Planning Board and the Town Board. 18 Subdiv.reg,wp51/Darby,12/17/91 S:55pm C. Reservation for acquisition by the Town or another approved agency within a reasonable period of time. If such an arrangement is determined to be sufficient to meet the purposes of recreational open space reservation, such reservation shall be made in such manner as to provide for a release of the land to the subdivider in the event that the Town or other approved agency does not proceed with the acquisition. D. Payment in Lieu of Land Reservation. i. If the Planning Board determines that, due to size, topography, or location, suitable recreational open space can not be properly located in a subdivision or is otherwise not appropriate, practical, or desirable, the Board may instead require as a condition of subdivision approval a payment to the Town of a sum which shall be used exclusively by the Town for neighborhood active or passive recreational purposes including the acquisition of property or the improvement of existing recreational facilities. ii. The amount of such payment shall be as set forth by the Town Board but shall not exceed the reasonable value of land that could have otherwise be required to be dedicated by the developer. If the formula used to determine the amount payable is basal on the number of lots in the subdivision, u lot created to accommodate an existing dwelling shall be exempt from this requirement. iii. Unless the subdivider agrees otherwise, the amount of such payment shall not exceed the value of the land that the Town might otherwise require for recreational purposes. iv. All such payments shall be held by the Town Board in a special Town Open Space Trust Fund to be used for the acquisition of land suitable for permanent park, playground, or other recreational purposes, and so located that it will serve primarily the general neighborhood in which the land covered by the Plat lies. v. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the Plat is situated, providing the Planning Board and Town Board find a need for such improvements. vi. Such payment shall be made prior to the granting of Final Plat Approval by the Planning Board except as such condition may be modified by the Town Board. In general, such payments shall be cash deposits made payable to the Town of Danby by certified or bank check, or by money order. Section 401. Minimum Standards. 1. The amount of land to be reserved for Recreational Open Space (as defined in Appendix A) shall normally be in the amount of ten (10) percent of the gross area of the subdivision. This size standard may be reduced or waived. 2. Generally, land reserved for Recreational Open Space shall have an area of at least two (2) acres. 19 Subdiv.reg,wp51/Danby,12/17/91 5:55pm This land shall be reasonably level, usable open space and shall be located so as to be easibly accessible to all areas of the subdivision. This land shall be improved by the subdivider to the standards reasonably required by the Planning Board to make the space effectively useable as Recreational Open Space. 3. The Planning Board may require that Recreational Open Space be located at a suitable place on the edge of the subdivision so that additional land may be added if adjacent land is subdivided. 4. A Recreational Open Space site should generally have a total frontage on one or more streets of a least two hundred (200) feet, and no other perimeter dimension of the site should be less than two hundred (200) feet. 5. In circumstances where appropriate, the Planning Board may request the developer to set aside Preserved Open Space (as defined in Appendix A). While a developer is not required to do so, if the developer agrees to such set aside, and if the Planning Board and developer agree, such Preserved Open Space may be in addition to, in lieu of, or partially in lieu of the required Recreational Open Space. • 20 Subdiv.reg,wp51/Danby,12/17/91 5:SSpm ARTICLE V ENVIRONMENTAL CONSERVATION Section 500. Purpose. 1. The purpose of this article is to protect the Town of Danby, its residents, and its environment from hazards associated with land development and land use which result from activity not conforming with standards of sound and acceptable environmental and developmental practices. 2. The Planning Board also recognizes that both recreational and non-recreational open space is important to the physical and human environment, and thus sets forth the guidelines, standards, and requirements herein. Section 501. General Guidelines. Unhuildable Areas and Other Circumstances. As a safety measure for the protection of the health and welfare of the people of the Town, that portion of a proposed subdivision which is found to be unsuitable for development due to circumstances which may be harmful to the environment or potential residents, such as severe drainage problems or steep slopes, shall not be subdivided until adequate methods to alleviate the effects of such harmful circumstances are formulated by the subdivider and approved by the Planning Board. 2. Preservation of Natural Features. A. The Planning Board shall encourage the preservation of all natural features which add value to developments and to the community, such as significant vegetation, large trees and groves, water courses, historic sites, important views, viable agricultural land, and similar irreplaceable assets. B. Development should be laid out to avoid such features, and to avoid steep slopes, erosive soils, wetlands, or similar environmentally sensitive areas. 3. Preserved Open Space. A. When reasonably possible, and when agreed to by the developer, Preserved Open Space as defined in Appendix A shall be provided with such provisions regarding maintenance, alteration or management of such space as the developer and Planning Board may agree. Once agreed, the provision of such space and the terms governing same may be included as conditions of the subdivision approval. 4. Agricultural Land and Uses. A. Development shall, as much as is practicable, be located on the least fertile soils for agriculture, in a manner which maximizes retention of viable agricultural uses and land. 21 Subdiv.reg,wpS1/Danby,12/17/91 S:55pm B. On parcels with viable agricultural lands, development should be located within woodlands contained on the parcel, or on the far edges of the open fields adjacent to woodlands, in order to reduce development impacts on such agricultural lands, as well as to provide summer shade and shelter from winter wind, and to enable the impact of new construction to be buffered or absorbed by natural landscape features. 5. Steep Slopes. A. The Planning Board may limit the density or location of development on slopes of 15 percent grade or more when the Board determines that such development would be harmful to the environment of such slopes or of adjacent areas, or would pose a hazard to the residents of the subdivision or neighborhood. B. Where a proposed subdivision contains both viable agricultural land and slopes of 15 percent grade or more, due consideration of both features shall be made in laying out the subdivision. 6. Important Natural Areas. A. The Planning Board may limit the development of areas designated by the Town as Important Natural Areas, when, in its judgment, the proposed development would adversely impact the environmental quality of such areas. B. Such Important Natural Areas, if so designated by the Town Board, may include Critical Environmental Areas established pursuant to SEQR, Unique Natural Areas designated by Tompkins County, and other similar areas. 7. Visual Environment. A. The location of development shall be in areas least likely to block scenic views important to the community, as seen from public roadways and other public areas. B. The pattern of development shall minimize adverse impacts on the character of important open areas and of existing development in the neighborhood. Section 502. Erosion Control. 1. The following standards shall apply as necessary to control erosion and sedimentation. 2. Land grading, earth moving and vegetation removal shall be limited to that necessary for actual construction. Certain types of earthmoving activity are also regulated by the Zoning Ordinance. 3. All land which is stripped, cut, filled, or otherwise deprived of protective vegetative cover shall be revegetated as soon as is practicable, with such revegetation subject to the inspection and approval of the Code Enforcement Officer. 4. No removal of soil or vegetation from slopes exceeding fifteen (15) percent grade shall be permitted except where necessary for construction, in which event, a stabilization and 22 • Subdiv.reg,wp51/Danby,12/17/91 5:55pm revegetation plan shall be submitted to the Code Enforcement Officer for approval prior to the work being commenced. 5. Where land is disturbed in site development, no slope shall be left with a grade steeper than one (1) foot vertical rise to three (3) feet horizontal distance unless the grade was steeper before disturbance. In such latter event, the final grade shall be approved by the Planning Board after consultations with appropriate professionals, such as engineers, and shall be approved only after the Planning Board has determined that such steeper grade is not a risk to the environment, the proposed residents, and the neighboring properties,and only after professionally engineered plans are approved by the Planning Board which plans shall show such information required by the Board or its professional consultant including the final grade and the steps, including vegetation, etc. to be taken to stabilize the slopes and to prevent erosion and drainage problems. Any construction or alteration shall thereafter be in accordance with such approved plans. 6. Terraces or diversions shall be used to break up long slopes where the possibility of erosion exists. 7. Sedimentation basins and traps shall be employed as required by the Code Enforcement Officer. 8. Where topsoil is disturbed by development, a minimum of four (4) inches of topsoil shall be maintained to insure proper growth of vegetation, except upon approval of a lesser amount by the Code Enforcement Officer. 9. There must be regular and continued maintenance of erosion and sedimentation control measures and adequate vegetative cover. Section 503. Drainage. 1. All land development shall be related to the surrounding drainage pattern, with provisions made for proper drainage facilities. Whenever possible, natural drainage patterns shall be employed in preference to rechanneling streams or watercourses. 2. All drainage improvements must be acceptable to the Code Enforcement Officer or other authorized agent. In no case shall work be performed which directly or indirectly affects natural drainage patterns prior to the granting.of any necessary approvals by the Town, County, or State agencies having jurisdiction. 3. If stormwater is to be diverted from its natural course, a construction plan shall be submitted to the Code Enforcement Officer containing, at a minimum, the following information: A. A sketch showing in plan and in profile the existing waterway and the proposed channel change; B. Provisions to prevent soil erosion and silting. 23 Subdiv.reg,wp51/Danby,12/17/91 5:55pm 4. The release of stormwater runoff from development shall not exceed pre-development conditions. Stormwater runoff shall be controlled so that during and after development, the site will generate no greater peak than prior to development for a 2-year, 10-year, and 100-year 24-hour storm considered individually. This requirement may be waived by the Planning Board, but approval by the Town Board shall also be required if off-site stormwater control is necessary. 5. Existing and potential runoff shall be determined by the Rational Method or an equivalent engineering drainage formula with conventional runoff factors, using as a minimum a rainfall rate of 0.5 inches per hour. 6. In developments with an average grade of seven percent or more, detention or retention ponds, check dams, or other features may be required to reduce storm runoff velocity. 7. Provisions shall be made for adequate storm drainage and drainage structures to prevent water from standing on any portion of a street. A minimum grade of two (2) percent shall be employed on all newly regraded land to expedite drainage, except as otherwise approved in a drainage plan. Section 504. Trees and other Significant Vegetation. 1. Reasonable effort shall be made to preserve trees with a diameter of 12 inches or more as measured 4 1/2 feet above the base of the trunk. 2. Other stands of significant vegetation should be preserved as much as is practicable. 3. Plants to be retained on the site shall be protected during site preparation and construction. 4. On all new streets, the Planning Board may require that one hardwood shade tree be planted, within 6 feet outside of the street right-of-way, at intervals of not less than 100 feet along both sides of said street. 24 • Subdi v.reg,wp51/Danby,12/17/91 5:55pm ARTICLE VI ADDITIONAL REGULATIONS Section 600. Layout, Blocks, and Lots. 1. All subdivision layouts shall conform to design standards which will encourage safe, efficient, and beneficial development, and which will be appropriate for the location of the subdivision. 2. Minimum lot sizes and dimensions shall be as established in the Zoning Ordinance, except for the following: A. Areas previously platted and recorded as small lots. B. Clustered subdivisions where such requirements may be waived. 3. Subdivision dimensions shall be determined with due regard to zoning requirements, the provision of building sites suitable to the special needs of the uses contemplated, convenient access, circulation control and safety, solar access, and the limitations and opportunities of the site. 4. When a small portion of a large parcel is proposed for subdivision, consideration shall be given to the character of the entire parcel, including the ability of the land to support agricultural use or future development, important natural features, and the adequacy of access into remaining lands of the parcel and into adjoining properties. 5. Blocks shall be planned generally to provide two rows of lots, but irregularly shaped blocks indented by cul-de-sac streets will be acceptable when properly designed with adequate access and turnarounds. 6. Residential blocks shall not be more than 1,500 feet in length, except where the Planning Board determines otherwise necessary to secure efficient use of land or to achieve desired features or use of the street system. 7. In any block over 700 feet long, the Planning Board may require the subdivider to dedicate and construct a public walkway transversely across the block. Such walkway shall have a minimum right-of-way of 20 feet, of which at least 8 feet shall be paved or otherwise surfaced as subject to approval by the Town Board. 8. Corner lots shall be increased in size whenever necessary so as to provide that any structure to be placed thereon shall conform to the provisions of the Zoning Ordinance. 9. Lots which are sufficiently large for possible future replatting shall be of such shape as to facilitate replatting. Side lot lines shall be substantially at right angles or radial to street lines. 25 Subdiv.reg,wp5l/Danby,12/17/91 5:55pm 10. Building setback lines shown on a plat shall not be in front of any building setback line established by ordinance, except where such requirement is waived. 11. Where any lot is proposed to be served by an individual sewage disposal system, minimum dimensions of such lot shall be determined by the Tompkins County Health Department. Section 601. Public Facilities. 1. No dedication by the subdivider of an easement or fee title to a highway or other public facility shall be shown on a Final Plat unless the Town Board determines to accept such dedication. 2. When a subdivision is traversed by a water course, drainage way, channel, stream, or creek, the subdivider may be required to provide a storm water easement or drainage right-of-way of sufficient width and to make suitable provisions for maintenance, wherever the Planning Board or Town Board finds such easement desirable. Section 602. Solar Access. 1. The Planning Board may require subdivisions to be platted so as to preserve or enhance solar access for either passive or active systems, consistent with the other requirements of these regulations. Improvement of solar orientation and protection against adverse climate may be sufficient considerations, in the judgment of the Planning Board, to warrant plat modifications. Section 603. Streets. 1. All lots, premises, and buildings in the Town which the local fire and emergency services may be called upon to protect and which are not accessible from public streets shall be provided with suitable access roads and fire lanes. The location of such provisions shall be subject to approval by the Town Board upon recommendation by the Planning Board. Section 604. Street Improvements. 1. The standards and regulations provided in this section shall apply except as may be otherwise specified in Town of Danby Highway Specifications or other applicable regulations. 2. All streets shall be constructed and all street signs installed according to Town of Danby Highway Specifications. The subdivider shall improve all streets and other ways in such manner as is necessary for the general use of lot owners in the subdivision and to meet local traffic and drainage needs. The schedule for such improvement shall be subject to approval by the Town Board. 26 Subdiv.reg,wpS1/Danby,12/17/91 5:55pm 2. The arrangement of streets in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions or for proper street circulation when adjoining property is not subdivided, except where topographic or other conditions make such continuation undesirable. 3. The minimum right-of-way width shall be 60 feet, except that a 50-foot width may be permitted by the Town Board. Additional width may be required where deep cuts or fills will be encountered. 4. A minimum center-line radius of one hundred eighty (180) feet is required unless otherwise approved by the Planning Board. 5. Vertical alignment shall have the following: A. A minimum grade of one (1) percent; B. A maximum grade of eight (8) percent on major streets and ten (12) percent on minor streets; C. A maximum grade of three (3) percent on a minor street within one hundred (100) feet of its intersection with a major street. D. All changes in grade exceeding one (1)percent shall be connected by a vertical curve and shall have a minimum length of one hundred (100) feet. 6. Sight distance shall conform to American Association of State Highway and Transportation Officials (AASHTO) Standards. 7. There shall be a minimum of 600 feet between center-line intersections at major streets, and a minimum of 300 feet between center-line intersections of minor streets. 8. Intersections shall be at right angles as nearly as possible, and no intersections shall be at an angle less than 70 degrees. Detailed designs of intersections may be required. Curb or inside radii at intersections shall not be less than 20 feet and property lines shall be adjusted accordingly. 9. A cul-de-sac shall not exceed 1000 feet in length and shall be terminated in a turnaround having a property line radius of not less than 50 feet. An alternatively shaped backaround may be provided with such subject to approval by the Town Board. Where that street is dedicated for the purpose of providing future access to adjacent property, its length as a cul-de-sac shall not exceed 1000 feet. 10. Where a street contains or abuts a street designated by the Town as having fully controlled access or partially controlled access, the plat shall provide for such control for the purpose of reducing traffic hazards by eliminating conflict between local traffic entering and leaving driveways and through traffic. Where a plat includes lots which directly abut such a thoroughfare, rather than a developable frontage, the Planning Board may require the subdivider, by sufficient instrument, to relinquish right of access to the thoroughfare from such lots. 27 Subdi v.reg,wpS1/Darby,12/17/91 5:55pm 11. Street names shall be subject to approval by the Planning Board. Names shall provide for contin- uation of the names of existing streets where appropriate and shall not duplicate the names of streets elsewhere in the Town or in the emergency and fire service area. House numbers shall be assigned by the Town Code Enforcement Officer or other authorized agent. Section 605. Reserve Strips Prohibited. 1. Reserve strips of land, which are essentially intended to control access from the proposed subdivision to any neighboring property, or to any land within the subdivision itself, shall be prohibited. Section 606. Water Supply and Sanitary Sewerage. 1. Plans for all water supply and sanitary sewerage systems shall conform in all respects to applicable Town, County, and State standards. 2. When connections are to be made immediately to a community or public water supply or sewer system, lines and other facilities shall be installed to serve each lot in the subdivision prior to the application for acceptance of the streets or rights-of-way. 3. Where such connection is not to be made immediately, but is contemplated within five years, plans shall be prepared for future installation of systems to serve each lot, and those parts of such system which will be in the paved portion of streets and alleys shall be installed before the streets are paved. Section 607. Other Utilities. 1. Pipes, wires, and cables providing local utility and similar services (including but not limited to, gas, electricity, telephone, cable television, and street lighting) in residential subdivisions shall be placed underground. 2. Street lights shall be located at all street intersections and other areas required by the Planning Board for safety reasons, with the proposed lighting fixture to be approved by the Highway Superintendent, and with installation to be in accordance with the utility company having jurisdiction. • 3. All street and other outside lighting shall be designed to minimize glare within the subdivision and in adjoining areas. 28 � 1 Subdiv.reg,wp51/Danby,12/17/91 5:15pm Section 608. Survey Monuments. 1. One (1) monument shall be located at each corner and at each general change in direction or point of curve of the boundary of the subdivision and its lots as finally platted. Monuments shall also be located at the beginning and end of each curve along one (1) side of the street right-of-way. 2. All monuments shall be shown on the final plat. There shall be no more than one thousand (1,000) feet of distance between any two (2) monuments. 3. All monuments shall be constructed of one (1) inch diameter deformed reinforcing rods, or four (4) inch square stone or reinforced concrete, with a minimum length of thirty-six (36) inches. Section 609. Certification of Improvements. 1. Prior to final acceptance of the construction of a new street or the improvement of an existing street, the subdivider shall provide a certification by a licensed engineer that the street has been constructed in accordance with the approved design of said street as designated on the final construction plans. 2. As-built plans shall be submitted showing the vertical and horizontal location, sizing, and gradient, where applicable, of improvements including water mains, sanitary sewers, and storm sewers. In addition, such plans shall also show the location of all transmission utilities including gas, electric, telephone, and cable television, both surface and subsurface. Section 610. Phased Developments. 1. In large, phased developments, a sequential installation of utilities and improvements shall be made in accordance with an agreement satisfactory to the Town Board. The phasing agreement shall also provide for the maintenance of existing roads and utilities. Section 611. Inspections. 1. All permanent improvements, such as_streets and utilities, shall require inspections by the Code Enforcement Officer, Highway Superintendent, or other person retained by the Town for such purpose. 2. The owner, developer, or an agent of such shall inform the Town inspector at least twenty-four (24) hours before such inspection is required and shall not conceal, cover, or in any way render invisible any portion of the improvement until such inspection has been made and the work has been approved. 29 Subdiv.reg,wpS1/Danby,12/17/91 5:55pm Section 612. Financial Guarantees for Improvements. 1. A letter of credit shall be furnished by the subdivider or developer for all required public improvements and utilities, and for all earthwork, landscaping, and site restoration which are integral parts of the Final Plat. 2. No building permit shall be issued for a structure with an approved Final Plat until the subdivider or developer has furnished an irrevocable letter of credit and has received approval for such letter of credit from the Town Board. 3. No final certificate of occupancy or certificate of compliance shall be issued until all improvements included in the letter of credit are completed, or until a sufficient performance guarantee, such as a letter of credit, has been approved by the Town Board for improvements not completed. 4. The Town Board may waive the requirements of this Section or may accept other evidence or promise of completion of required improvements if, in its discretion, it determines that there is no need for the letter of credit. 30 1 ' Subdiv.reg,wp51/Danby,12/17/91 5:55pm ARTICLE VII DOCUMENTS TO BE SUBMITTED Section 700. Introduction. 1. This article lists documents which shall be submitted as part of any application for subdivision approval, except as such submittals may be waived or otherwise modified pursuant to other provisions in these regulations. 2. As early as possible in the formulation of a subdivision proposal, the applicant should confer with the Code Enforcement Officer or other authorized agent, to discuss the proposal, the conditions of the site, and the particular documents to be submitted or which might be waived by the Planning Board, depending on the size and complexity of the proposal and on site conditions. 3. The applicant also should confirm the dates for submission, targeted dates for any meetings, and the number of copies necessary for review by the Town and other agencies, with the Code Enforcement Officer or other authorized agent. Section 701. Sketch Plan Application. 1. Any Sketch Plan submitted to the Planning Board or Town Board shall be based on tax map information or some other similarly accurate base map at a scale, preferably not less than 400 or 200 feet to the inch, that enables the entire parcel which includes the proposed subdivision to be shown on one sheet. 2. The following additional information shall be submitted, except where such submittals may be modified or waived: A. General subdivision information outlining the existing conditions of the site and the proposed development. B. Approximate locations of: i. The portion of the parcel to be subdivided in relation to the entire parcel, and to other contiguous lands in the same ownership. ii. Abutting tax parcels and their numbers. iii. The nearest existing streets and intersections, existing structures on or within two hundred (200) feet of the area proposed for subdivision, significant physical features such as water bodies, wetlands, ditches, large trees, tree masses, active agricultural land, slopes of fifteen (15) percent or greater, and power transmission lines. For some subdivision proposals, an aerial photograph such as is available from the Tompkins County Department of Assessment may be helpful in illustrating these features. C. A general layout of the proposal, including: 31 Subdiv.reg,wp51/Danby,12/17/91 5:55pm i. Lots, indicating width and depth. ii. Existing or proposed streets, indicating width. iii. Existing or proposed drainage, sewage disposal, and water supply facilities. iv. Existing or proposed recreational or nonrecreational open space. D. A summary of existing or proposed restrictions on the use of the land, including easements, rights of way, covenants, and zoning designations. E. If a Clustered Subdivision is proposed, a summary of any requested modifications of zoning requirements should be submitted. any requested modifications of zoning requirements should be submitted. F. A Short Environmental Assessment Form, Parts I and II, which should be completed and filed with the Planning Board or Town Board at the time of any Sketch Plan review by such Boards. Section 702. Preliminary Plat Application. The following information shall be submitted as part of a Preliminary Plat Application, and shall also be submitted as part of a Final Plat Application, except where such submittals may be modified or waived: 1. Vicinity Map. A. A vicinity map showing the general location of the subdivision at a scale of 1 inch to 400, 1000 or 2000 feet. B. If the application covers less than 10 percent of the subdivider's entire holding, a map of the entire tract, at a scale that clearly shows such tract, showing an outline of the area proposed for subdivision, and, if applicable, a general layout of any probable future development, open space reservations, or other land use on the remainder of the tract. 2. Preliminary Plat. A Preliminary Plat of the subdivision at a scale of one inch to 100 or 50 feet, whichever most clearly illustrates the proposed subdivision, shall be submitted, along with the following information: A. Title Block. i. Proposed subdivision name, name of Town and County in which it is located, date, true north point, graphic scale, name and address of record owner and subdivider. ii. Name of planner, architect, engineer, land surveyor, landscape architect, or other person who prepared the Preliminary Plat. iii. Name of owners of record, tax parcel numbers and any named subdivisions adjoining the property. B. Other Information. i. Zoning District, including exact district boundary lines if more than one district. 32 Subdi v.reg,wp51/Darby,12/17/91 5:SSpm ii. If a Clustered Subdivision or a Zoning Change is proposed, a statement of any requested modifications of zoning requirements or district boundaries shall accompany the Plat. C. Existing Site Conditions. Existing site conditions shall be shown as follows: i. Streets and Intersections. Name, location, width of right of way and pavement, centerline elevations at intersections and other critical points. ii. Other Rights of Way and Easements. Identification, location, width, any use restriction. iii. Public lands in or within 1000 feet of the site. iv. Drainage System. Type of structure, including culverts, ditches, and ponds, and, where applicable, location, invert elevations, sizes, and gradients of structures. v. Other Utility Systems, such as Water, Sewage Disposal, Gas Mains and Electric Power Lines. Type of structure, and, where applicable, the location, invert elevations, sizes, and gradients of such structures. vi. Natural Features. Water bodies and other similar features including ponds, streams, wetlands, and areas of flooding indicating apparent high-water level. All wetland areas designated as being NYSDEC Freshwater Wetlands, jurisdictional Federal Wetlands, or other designation. All Areas of Special Flood Hazard. vii. Wooded areas, tree masses or groves, isolated preservable trees one (1) foot or more in diameter as measured four and one-half(4 1/2) feet above grade. viii. Critical Environmental Areas or Important Natural Areas designated by the Town Board, field located and certified by the applicant's licensed land surveyor or other approved professional. ix. Other Land Use: a. Existing structures on the lands of the subdivision to remain or be removed. b. Existing structures within two hundred (200) feet of the area proposed for subdivision. c. Active agricultural land, and land removed from cultivation or pasture use within the past five (5) years. x. Topography: a. Contours or other suitable indicator of slope. b. Slopes of fifteen (15) percent or greater. xi. Test Hole Data, if required, with date, location, and graphic representation of findings. D. Proposed Site Conditions. A Preliminary Layout of the proposal, including the following, shall be submitted except as where may be modified or waived: i. Streets: a. Proposed new streets, any improvements to existing streets. 33 Subdiv.reg,wp51/Danby,12/17/91 5:55pm b. Proposed street names. c. Right-of-way, and pavement width. d. Preliminary horizontal alignment. Tentative centerline gradient shown in percent of slope on preliminary profiles. ii. Lot Layout. a. Existing and proposed lots. b. Lot lines with dimensions. c. Lot widths at street right of way line. On lots with nonparallel side lot lines, the width at the minimum required set back line shall also be shown. d. Lot depths and areas. e. Preliminary block and lot numbers. iii. Drainage. a. Location of proposed drainage facilities or improvements, with pipe sizes, grades, and directions of flow. b. A preliminary engineering summary providing estimated stormwater runoff based on Article V, Section 503, Paragraphs 3 and 4 of these regulations, and also including the drainage area above point of entry for each water course entering or abutting the tract. iv. Utilities. a. Location of sewage disposal and water supply facilities. b. Location of other utilities including gas, electricity, telephone, cable, and street lights. v. Erosion Control Plans. a. Existing land contours at ten (10) foot intervals, or other suitable Indicators of slope. b. Description of grading plans if existing elevations or contours are to be changed more than 4 feet. c. Erosion control plans for any areas proposed for development. • vi. Open Space a. Recreational or nonrecreational open space, and other areas to be reserved for public or for common use by subdivision residents. b. Significant vegetation to be retained, and new plantings, if proposed or required.. vii. Restrictions, Easements, etc. a. Proposed restrictions on the use of the land, including easements, rights ;? of way, covenants, and zoning designations. 3. Environmental Assessment Forms. Fully completed Environmental Assessment Forms, with comments from the Code Enforcement Officer or other authorized agent indicating whether the proposed subdivision is a Type I, Type II, or Unlisted action and indicating a recommendation for negative or positive determination of environmental significance. 34 �4f Subdiv.reg,wpSl/Danby,12/17/91 5:55pm Section 703. Final Plat Application. Requirements for the Final Plat application shall follow those of Section 702, except as may be waived by the Planning Board, and with the following required additions and modifications: 1. Survey Data. A. Name, license number, and seal of engineer or land surveyor who prepared the Final Plat. B. Location of the property by legal description, including areas in acres or square feet. Source of title, with deed record book and page numbers. C. Accurate traverse of subdivision boundaries with true bearings and distances giving dimensions to the nearest one hundredth foot, angles to the nearest one-half minute, and at least one bearing; the traverse shall be balanced and closed with an error of closure not to exceed one to two thousand; the type of closure shall be noted. D. Location and description of all section line corners and government survey monuments in or near the subdivision, to at least one of which the subdivision shall be referenced by true courses and distances. E. Property lines of all lots with accurate dimensions, bearings, or angles, arcs and lengths of all curves. F. Location of all monuments existing, proposed, or to be reset. G. Location, name, and dimensions of all rights of way, easements, and similar conditions within, abutting, or in the immediate vicinity of the proposed subdivision. H. Reference on the plat to any separate instruments, including restrictive covenants, which directly affect the land in the subdivision. I. Accurate outlines and descriptions of any areas to be dedicated or reserved for public use or acquisition, with the purposes indicated thereon; any areas to be reserved by deed covenant for common uses of all property owners in the subdivision. 2. Improvement Plans. A. Street Improvements. Plans, profiles, and other specifications, including the following: i. Any improvements proposed to existing streets. ii. If any new streets are proposed, preliminary plans and profiles showing width, location,grades, horizontal and vertical alignments, cross-sections, and proposed street names. Plans and profiles shall be drawn to a scale of one inch to 50 feet horizontal, and one inch to 5 feet vertical, on standard plan and profile sheets. Profiles shall show the profile and gradients of the street along the center line. iii. Street center lines, showing angles of deflection, angles of intersection, radii, lengths of tangents and arcs, and degree of curvature, with basis of curve data. Lengths and distances shall be to the nearest one hundredth foot. Angles shall be to the nearest half minute. iv. Paving Plans and Specifications. 35 Subdi v.reg,wp51/Darby,12/17/91 5:55pm B. Other Utilities. i. Detailed construction plans and specifications for water supply and sewage disposal systems. ii. Tompkins County Board of Health Certification and New York State Department of Environmental Conservation approval, when required. C. Site Improvement Estimates. The estimated cost of: i. Grading and filling. ii. Culverts, swales and other drainage facilities. iii. Sewage disposal systems. iv. Water lines, valves, and fire hydrants. v. Paving, curbs, gutters, and sidewalks. vi. Any other improvements required by these regulations. 3. Other Information. A. Certification by the Chairperson or other authorized agent of the Planning Board to the effect that the proposed subdivision has complied with all environmental review requirements and was granted any necessary prior approvals by the Planning Board, Town Board, and other agencies. B. Owner's certificate: a certificate signed by the owner to the effect that he owns the land, has caused the land to be surveyed and divided, and makes the dedications indicated on the plat. C. Mortgagor's certificate: certificate signed and sealed by the mortgagor, if any, consenting to the plat and the dedications and restrictions shown on or referred to on the plat. D. Tax and assessment certificate signed by the Tompkins County Treasurer or other officials as may be appropriate, stating that there are no unpaid taxes due on the land being subdivided and payable at the time of plat approval and no unpaid special assess- ments, and that all outstanding taxes and special assessments have been paid on all property dedicated to public use. E. Evidence that the Administrator of the School District in which the subdivision is located has been notified as to the proposed subdivision. • 36 • • Subdiv.reg,wpS1/Danby,12/17/91 5:55pm APPENDIX A DEFINITIONS For the purpose of these regulations, all words used in these regulations shall carry their customary meanings, except that words defined in the Town of Danby Zoning Ordinance shall be interpreted in accordance with such definitions, and words defined in this appendix shall be interpreted as set forth below. BLOCK - A parcel of land partially or entirely surrounded by public streets, streams, railroad rights-of- way, parks or a combination thereof, which has been subdivided into lots. BUFFER AREA - An area bordering the lot lines of the property on which a subdivision is to be built, within which there shall be no permanent structures. A parking space shall be considered a permanent structure for the purposes of these regulations. CUL-DE-SAC - A street having one end open to traffic and the other end terminated by a vehicular turnaround. OPEN SPACE - An area of land and/or water designed and intended for private or public use or enjoyment. Open space is generally unoccupied by buildings, structures, or parking areas, except that open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the open space. OPEN SPACE, RECREATIONAL - Open space devoted to or reserved for active or passive recreational uses. Recreational open space may typically include parks, playgrounds, playfields, swimming areas, picnic areas, or trails for hiking, bicycling, horseback riding, or cross-country skiing. OPEN SPACE, PRESERVED - Areas kept open for the primary purpose of environmental protection or agricultural land preservation and not primarily devoted to or reserved for active or passive recreational uses, except that unpaved paths for walking, bicycling,horseback riding or winter sports may be included. Preserved open space includes but is not limited to the following: (a) Streams and other bodies of water. (b) Slopes of 15 percent grade or greater. (c) Wetlands designated by local, State or Federal agencies. (d) Stands of significant vegetation. (e) Wildlife nesting, feeding, or breeding grounds. (t) Important Natural Areas as may be designated by the Town and which may include Critical Environmental Areas and Unique Natural Areas. (g) Existing or potentially viable agricultural land. PLAT -The map, plan, drawing or chart on which a subdivider's plan of subdivision is presented to the Planning Board for approval. 37 Subdiv.reg,wpS1/Danby,12/17/91 S:SSpm • RESUBDIVISION - A change in the map of an approved or recorded subdivision if such change affects a street layout shown on such map, or areas reserved for public use, or any change of a lot line. "Resubdivision" is included in the term "subdivision" in these regulations. SET BACK LINE - A line on a plat usually parallel to the center line of the street between which line and the street line no building or structure may be erected. SKETCH PLAN - A sketch of the proposed subdivision showing the proposed general layout of streets, lots, or other features that may be submitted to the appropriate Board by the subdivider for informal discussion and review, on which the Preliminary Plat will be based. STREET, MAJOR-A street intended to serve fast or heavy flows of traffic collected from minor streets and/or intended to serve as an interconnection between areas of land use concentration. STREET, MINOR - A street intended to serve primarily as an access to abutting properties. SUBDIVIDER-Any person, firm, partnership, association, corporation, estate, trust,or any other group or combination acting as a unit, undertaking the dividing of land so as to constitute a subdivision as defined herein. This definition includes any agent of the subdivider. SUBDIVISION - (a) The division of any parcel of land into two or more lots, plots, parcels, sites or other divisions of land'for immediate or future use, sale, or transfer. The term "subdivision" includes the creation of, and all changes in, highway and lot lines, whether or not new building or development is to occur. This term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. (b) Conventional: A subdivision which creates lots meeting all minimum lot size, yard, and dimensional requirements of the Zoning Ordinance. (c) Clustered: A subdivision of lots which, pursuant to Town Law Section 281 and these regulations, may have smaller lots, or have smaller yards, or otherwise have different dimensions than permitted by the Town Zoning Ordinance, but where the density of occupancy in the entire subdivision shall in no case exceed the density 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 zone or zones in which such land is situated and conforming to all other applicable requirements. 38