[HISTORY: Adopted by the Town Board of the Town of Maine 12-27-2000
by L.L. No. 4-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 111.
Zoning Board of Appeals — See Ch. 182.
Construction codes — See Ch. 237.
Flag lots — See Ch. 278.
Flood damage prevention — See Ch. 284.
Mobile homes — See Ch. 332.
Road construction standards — See Ch. 366.
Streets and sidewalks — See Ch. 394.
Zoning — See Ch. 450.
By the authority of the resolution of the Town Board of the Town of
Maine (hereinafter referred to as "Town Board") adopted on August 22, 2000,
pursuant to the provisions of Article 16 of the Town Law of the State of New
York, the Planning Board of the Town of Maine (hereinafter called "Planning
Board") is authorized and empowered to approve preliminary and final plats
of subdivisions showing lots, blocks or sites, with or without streets or
highways, within the Town of Maine (hereinafter referred to as "Town"). It
is declared to be the policy of the Planning Board to consider land subdivision
plats as part of a plan for the orderly, efficient and economical development
of the Town. This means, among other things, that land to be subdivided shall
be of such character that it can be used safely for building purposes without
danger to health, or peril from fire, flood or other menace; that proper provision
shall be made for drainage, water supply, sewerage and other needed improvements;
that all proposed lots shall be so laid out and of such size as to be in harmony
with the development pattern of the neighboring properties; that the proposed
streets shall compose a convenient system conforming to the Official Map,
if such exists, and shall be properly related to the proposals shown on the
Comprehensive Plan, and shall be of such width, grade and location as to accommodate
the prospective traffic, to facilitate fire protection and to provide access
of fire-fighting equipment to buildings; and that proper provision shall be
made for preserving and developing open spaces for parks and playgrounds.
The regulations, standards and procedures contained herein are developed to
ensure that subdivision activities in the Town of Maine are consistent with
the Comprehensive Plan for the Town. Streets and highways must meet the minimum
Town standards and must accommodate the expected volume of traffic. In order
that land subdivisions may be made in accordance with this policy, these regulations,
which shall be known as, and which may be cited as, the "Town of Maine Land
Subdivision Regulations," have been adopted by the Planning Board on December
4, 2000, and approved by the Town Board on December 27, 2000.
A.
For the purpose of these subdivision regulations, words
used in the present tense include the future; the plural includes the singular;
the word "lot" includes the word "plot;" the word "building" includes the
word "structure;" the word "shall" is intended to be mandatory; and the word
"occupied" includes the words "designed for occupancy" or "intended to be
occupied."
B.
AREA REGULATIONS
ARTERIAL ROAD
BASEMENT
BUILDING
CENTRAL PRIVATE UTILITY
CLERK, TOWN
CLUSTER DEVELOPMENT
COLLECTOR ROAD, MAJOR
COLLECTOR ROAD, MINOR
COMMISSIONER OF HIGHWAYS, PARKS, BUILDINGS AND GROUNDS
COMMON OPEN SPACE
COMPREHENSIVE PLAN
CONDITIONAL APPROVAL OF A FINAL PLAT
CONSTRUCTION STANDARDS RESOLUTION
CROSSWALK or WALKWAY
CUL-DE-SAC
DEAD-END STREET or CUL-DE-SAC
EASEMENT
ENGINEER or LICENSED PROFESSIONAL ENGINEER
FINAL PLAT
FINAL PLAT APPROVAL
LANDSCAPING
LOCAL ROADS
LOT
LOT, CORNER
LOT, DEPTH
LOT, WIDTH
MAJOR SUBDIVISION
MASTER OR COMPREHENSIVE PLAN
MINOR SUBDIVISION
MOBILE HOME PARK
MOBILE HOME, MOBILE HOME PARK AND TRAVEL TRAILER ORDINANCE
OFFICIAL MAP
PERFORMANCE BOND
PLANNING BOARD or BOARD
PLAT
PLAT, FINAL or SUBDIVISION PLAT
PRELIMINARY LAYOUT
PRELIMINARY PLAT
PRELIMINARY PLAT APPROVAL BY THE PLANNING BOARD
RESIDENTIAL LOT or RESIDENTIAL BUILDING PLOT
ROAD STANDARDS RESOLUTION
SECRETARY OF THE PLANNING BOARD
SEWAGE
SKETCH PLAN
STREET
STREET PAVEMENT
STREET WIDTH
SUBDIVIDER
SUBDIVISION
SUBDIVISION PLAT or FINAL PLAT
SURVEYOR
TOWN
TOWN BOARD
TOWN CLERK
TOWN ENGINEER
TRACT
ZONING ORDINANCE
For the purpose of these regulations, certain words and
terms used herein are defined as follows:
The regulation of building size, setbacks or yards, parking and loading
requirements, and similar regulations which are not related to a specific
land use, but excluding performance standards.
A street or road designated by the Town for the high speed movement
of large volumes of traffic.
That space of a building that is partly below grade which has more
than half of its height, measured from floor to ceiling, above the average
established curb level or finished grade of the ground adjoining the building.
Any structure covered by a roof supported by columns or by walls
and intended for shelter, housing or enclosure of persons, animals or chattels.
A sewage or water system which serves a subdivision and which is
paid for without public funds or special district administration or funding.
The duly elected or appointed Town Clerk of the Town of Maine.
A planned development in which lots are plotted with less than the
minimum lot size and dimension requirements but which have access to common
open space which is a part of the overall development plan approved by the
Planning Board.
A road or street designated by the Town for the movement of traffic
between arterial roads and local roads as well as for serving adjacent land
uses.
A road or street which serves or is designed to serve as a traffic
way for a neighborhood or as a feeder to a major road or street.
The duly elected or appointed Commissioner of Highways, Parks, Buildings
and Grounds of the Town of Maine. Also called "Highway Superintendent," "Commissioner"
or "Town Highway Superintendent."
A parcel or parcels of land or an area of water, or a combination
of land and water, designed and intended for the private or public use or
enjoyment of the space. Common open space may contain such complementary structures
and improvements as are necessary and appropriate for the benefit and enjoyment
of the space.
The materials, written and/or graphic, including but not limited
to maps, charts, studies, resolutions, reports and other descriptive materials
that identify the goals, objectives, principles, guidelines, policies, standards,
devices and instruments for the immediate and long-range protection, enhancement,
growth and development of the Town.
The approval by the Planning Board of a final plat subject to conditions
set forth by the Planning Board in a resolution conditionally approving such
plat. Such conditional approval does not qualify a final plat for recording
nor authorize issuance of any building permits prior to the signing of the
plat by a duly authorized officer of the Planning Board and recording of the
plat in the office of the Broome County Clerk in accordance with the provisions
of § 276 of The Town Law.
See definition of "road standards resolution."
An accessway designed for pedestrian traffic and dedicated to public
use.
A designed turnaround area for vehicles at the dead end of a street.
A street or a portion of a street with only one vehicular traffic
outlet.
Authorization by a property owner for the use by another, and for
a specified purpose, of any designated part of his property.
A person licensed as a professional engineer by the State of New
York.
A drawing prepared in a manner prescribed by these subdivision regulations
that shows a proposed subdivision, containing in such additional detail as
shall be provided by these subdivision regulations all information required
to be shown on a preliminary plat and the modifications, if any, required
by the Planning Board at the time of approval of the preliminary plat if such
preliminary plat has been so approved.
The signing of a plat in final form by a duly authorized officer
of the Planning Board pursuant to a Planning Board resolution granting final
approval to the plat or after conditions specified in a resolution granting
conditional approval of the plat are completed. Such final approval qualifies
the plat for recording in the office of the Broome County Clerk.
The act of changing or enhancing the natural features of a plot of
ground (usually around a building) so as to make it more attractive, as by
adding lawns, trees, bushes, etc. and other related improvements.
The remaining roads or streets (other than arterial roads, major
collector roads, and minor collector roads) in the Town are designated "local
roads." Their only function is to provide access between adjoining land uses
and collector or arterial roads.
A parcel of land occupied or capable of being occupied by a building
or buildings and for accessory buildings and/or uses, including such open
spaces as are required by the Town of Maine Zoning Ordinance[1] or these subdivision regulations.
A lot situated at the intersection of two or more streets and highways.
The mean horizontal distance between the front and rear lot lines,
measured in the general direction of the side lot lines.
The mean width of the lot measured at right angles to its depth.
The division of a single tract or parcel of land into five or more
lots in such a way that it requires the construction of a new street, the
expansion of an existing street, the extension of a public utility, or which
involves the creation of 13 or more lots.
See definition of "Comprehensive Plan."
The division of a single tract or parcel of land into at least five
but not more than 12 lots in such a way that it does not require the construction
of a new street, the expansion of an existing street, or the extension of
a public utility.
Any parcel of land which is planned and improved for the placement
of two or more mobile homes which are used as dwellings and for occupancy
for more than 90 consecutive days.
The Mobile Home, Mobile Home Park and Travel Trailer Ordinance of
the Town of Maine duly adopted by the Town Board of the Town of Maine on June
11, 1974, and thereafter amended from time to time.[2]
The map established by the Town Board pursuant to §§ 270
and 273 of the Town Law, showing streets, highways and parks theretofor laid
out, and drainage systems, both existing and proposed.
A written agreement issued by a qualified bonding company which guarantees
either the performance of a certain agreed-upon activity or an equivalent
consideration if the activity is not completed as required.
The Planning Board of the Town of Maine.
A plan for developing a piece of undeveloped property in accordance
with these subdivision regulations.
A drawing prepared in a manner described by these subdivision regulations
that shows a proposed subdivision, containing in such additional detail as
shall be provided by these subdivision regulations all information required
to be shown on a preliminary plat and the modifications, if any, required
by the Planning Board at the time of approval of the preliminary plat if such
preliminary plat has been so approved.
The preliminary drawings and accompanying information of the subdivider's
plan of subdivision.
A drawing prepared in a manner prescribed by these subdivision regulations,
showing the layout of the proposed subdivision, including, but not restricted
to, road and lot layout and approximate dimensions, key map, topography and
drainage, all proposed facilities unsized, including preliminary plans and
profiles, at suitable scale and in such detail as these subdivision regulations
may require. Such preliminary plat shall be clearly marked "preliminary plat,"
shall contain sufficient detail to apprise the Planning Board of the layout
of the proposed subdivision, and shall be submitted to the Planning Board
for approval prior to the submission of the plat in final form
The approval of the layout of proposed subdivision as set forth in
a preliminary plat, but subject to approval of the plat in final form in accordance
with the provisions of § 276 of the Town Law.
Any parcel of land of five acres or less in size, any point on the
boundary line of which is less than 1/2 mile from any point on the boundary
line of another such lot in the same tract, unless any such lot may not legally
be used for residential purposes. Without limiting the generality of the foregoing,
the term "residential" shall include temporary, seasonal and permanent residential
use.
A resolution entitled " A Resolution Establishing Standards and Requirements
for Certain Construction Within the Town" approved by the Town Board of the
Town of Maine that contains the standards for all roads and subdivisions in
the Town.[3]
That person who shall be designated to perform the duties of the
Secretary of the Planning Board for all purposes of these subdivision regulations.
Any substance, solid or liquid, that contains any of the waste products,
excretions or excrementitious or other wastes or washings from the bodies
of human beings or animals.
A rendering, drawing or sketch prepared to scale and containing necessary
elements, as set forth in these subdivision regulations, showing the arrangement,
layout, design and objectives of the proposed subdivision. The sketch plan
shall be drawn on a topography survey and shall show, in general form, the
proposed layout of streets and their relationship to existing traffic arteries
and other facilities which will serve or influence the proposed subdivision.
Any public way dedicated to public vehicular travel. "Street" shall
be taken as synonymous with "road" or "highway."
The wearing or exposed surface of the roadway used by vehicular traffic.
The width of the right-of-way, measured at right angles to the center
line of the street.
Any person, firm, corporation, partnership, association, or other
entity who shall lay out any subdivision or part thereof, as defined herein,
either for himself or others.
The division of any tract or parcel of land into five or more lots,
blocks or sites, with or without streets or highways, for the purpose of sale,
transfer of ownership, or development. The term "subdivision" shall include
resubdivision. The term "subdivision" shall include any alteration of lot
lines or dimensions of any lots, blocks or sites shown on a plat previously
approved and filed in the office of the Broome County Clerk. The word "subdivision"
shall mean any tract or parcel of land which is divided into five or more
lots, blocks or sites after the effective date of these subdivision regulations,
along any existing or proposed street(s), highway(s), easement(s) or right(s)-of-way,
for sale or for rent as residential lots, blocks or sites, or residential
building lots, blocks or sites, regardless of whether the lots, blocks or
sites to be sold or offered for sale or leased 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 and regardless of whether the lots,
blocks or sites are contiguous. A tract of land shall constitute a subdivision
upon the sale, rental or offer for sale or lease of the fifth residential
lot, block or site therefrom within any consecutive three-year period, and
at that time, the provisions of these subdivision regulations shall apply
to all such parcels thereof, including the first four parcels, regardless
of whether said parcels have been sold, rented or offered for sale or lease
singly or collectively.
A drawing prepared in a manner prescribed by these subdivision regulations
that shows a proposed subdivision, containing in such additional detail as
shall be provided by these subdivision regulations, all information required
to be shown on a preliminary plat and the modifications, if any, required
by the Planning Board at the time of approval of the preliminary plat if such
preliminary plat has been so approved.
A person licensed as a land surveyor by the State of New York.
The Town of Maine, a New York municipal corporation located in the
County of Broome, State of New York, and having its principal office at Maine
Town Hall, 12 Lewis Street, P.O. Box 336, Maine, New York 13802.
The Town Board of the Town of Maine.
See definition "Clerk, Town."
The duly designated Engineer of the Town or the Town Engineer, if
the Town Board has appointed someone to hold that office.
Any body of land, including contiguous parcels of land, under one
ownership or under common control of any group of persons acting in concert
as part of a common scheme or plan.
The Town of Maine Zoning Ordinance duly adopted by the Town Board
of the Town of Maine on April 11, 1972, and subsequently amended.[4]
Whenever any subdivision of land as hereinbefore defined is proposed to be made in the Town and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made, the subdivider shall apply in writing to the Planning Board for the approval of such subdivision. The application of the subdivider shall conform to the specifications in §§ 400-4, 400-5 and 400-6 of these subdivision regulations.
A.
The subdivider may file a preapplication sketch plan
of the proposed subdivision with the Planning Board for its recommendation
prior to the submission of the preliminary layout.
B.
Such sketch plan, drawn on a topography survey, shall
show in general form the proposed layout of streets and their relationship
to existing traffic arteries and other facilities which will serve or influence
the proposed subdivision.
C.
The Planning Board shall study the sketch plan and any
accompanying information and shall notify the subdivider that the sketch plan
does or does not meet the objectives of these subdivision regulations.
A.
Step 1: Submission requirements. The subdivider shall
submit two copies of a preliminary layout of the proposed subdivision to the
Planning Board. The preliminary layout shall be drawn at a scale of not more
than 100 feet to the inch, showing or accompanied by the following information:
(1)
The proposed subdivision name and/or identifying title
and the name and address of the owner of record, the subdivider and the designer
of the preliminary subdivision layout, date, scale and true North direction.
(2)
The deed description and survey map of the tract boundary,
made and certified by a licensed surveyor, and where practical, tied into
established reference points such as existing street corners, highways or
permanent boundary monuments.
(3)
A topographic map of the parcel of land to be subdivided
at the same scale as the preliminary layout showing a contour interval of
not more than five feet.
(4)
The name, location, and dimensions of existing or proposed
streets, highways, alleys, parks, and other public open spaces or uses of
adjacent properties.
(5)
Soil tests prepared in accordance with standards of the
New York State Department of Health for subdivisions not serviced by public
water and sewer systems.
(6)
The location and dimensions of any streets or other public
way or place platted upon the Comprehensive Plan or the Official Map of the
Town for the property to be subdivided.
(7)
The location of existing sewer, water or other utility
lines, including culverts, drains and easements, on the property to be subdivided.
(8)
The location, dimensions, grades and profiles of all
streets or other public ways proposed by the subdivider must comply with the
Town resolution entitled "A Resolution Establishing Standards and Requirements
for Certain Construction Within The Town" (hereinafter referred to as "road
standards resolution") or as the same may hereafter be amended.[1]
(9)
Typical cross sections of proposed roadways, sidewalks
and grades drawn at an appropriate scale.
(10)
The proposed layout of lots, showing lot lines and dimensions
and any areas to be dedicated or reserved for parks or other public uses.
(11)
The proposed sanitary sewage and water supply plan, showing
methods for obtaining and furnishing adequate and satisfactory water supply
and sewage facilities in accordance with §§ 1115 through 1118
of the New York State Public Health Law.
(12)
The proposed plan for collecting and discharging surface
water drainage.
(13)
If, in conjunction with the preparation of the site in
the manner and for the use specified in the plat and its accompanying information,
the subdivider intends to excavate or have excavated gravel, sand, rock, topsoil
or other similar materials for sale or for use or reuse at another site other
than the original location of the excavation, such intentions shall be so
stated on the plat or its accompanying information. This statement shall include
an estimate of the amount in volume measurement units of such materials to
be excavated.
(14)
Where the preliminary layout submitted covers only a
part of the subdivider's entire holding, a sketch of the prospective future
street system or the unsubmitted part will be considered in the light of adjustments
and connections with the street system of the part submitted.
(15)
A statement as to the land use permitted by the Zoning
Ordinance as to the premises involved, and a further statement as to whether
any request for rezoning is contemplated in the development.
(16)
A full environmental assessment form or environmental
impact statement as required by the Planning Board at the sketch plan discussion.
B.
Step II: Sketch plan review.
(1)
The Planning Board shall study the preliminary layout
and accompanying information in connection with the topography of the area,
the existing requirements of the Zoning Ordinance, the Comprehensive Plan
and the Official Map, and the other local laws of the Town and shall take
into consideration the general requirements of the community and the best
use of the land to be subdivided. Particular attention shall be given to matters
enumerated in § 277 of the Town Law as well as specific requirements
for parks, playgrounds, school sites, highways and streets, the adequacy of
street connections and the suitability of the land for development.
(2)
The Planning Board shall comply with the provisions of
the State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.
(3)
Date of official submission. The date of submission of
the preliminary plat shall be the date it is received complete and accompanied
by the required fee and all data required by these regulations and the Planning
Board Rules and Regulations.[2] A preliminary plat shall not be considered complete until a negative
declaration has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions of the State
Environmental Quality Review Act. The time periods for review of a preliminary
plat shall begin upon filing of such negative declaration or such notice of
completion.
(4)
Subdivider to attend Planning Board meeting. The subdivider
or his duly authorized representative shall attend the next meeting of the
Planning Board after such receipt to discuss the plat with the Planning Board.
C.
Step III: Preliminary plat review.
(1)
Public hearing.
(a)
Planning Board as lead agency under the State Environmental
Quality Review Act: The time within which the Planning Board shall hold a
public hearing on the preliminary plat shall be coordinated with any hearings
the Planning Board may schedule pursuant to the State Environmental Quality
Review Act, as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not required,
the public hearing on such plat shall be held within 62 days after the receipt
of a complete preliminary plat by the Secretary of the Planning Board.
[2]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat and the
draft environmental impact statement shall be held jointly within 62 days
after the filing of the notice of completion of such draft environmental impact
statement in accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental impact
statement, the public hearing on the preliminary plat shall be held within
62 days of filing the notice of completion.
[3]
The hearing on the preliminary plat shall be advertised
at least once in a newspaper of general circulation in the Town at least five
days before such hearing if no hearing is held on the draft environmental
impact statement or 14 days before a hearing held jointly therewith. The Planning
Board may provide that the hearing be further advertised in such manner as
it deems most appropriate for full public consideration of such preliminary
plat. The hearing on the preliminary plat shall be closed upon motion of the
Planning Board within 120 days after it has been opened.
[4]
The Planning Board shall approve, with or without modification,
or disapprove such preliminary plat as follows:
[a]
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not required,
such Board shall make its decision within 62 days after the close of the public
hearing.
[b]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be filed
within 45 days following the close of such public hearing in accordance with
the provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close of the
public hearing on the preliminary plat. Within 30 days of the filing of such
final environmental impact statement, the Planning Board shall issue findings
on the final environmental impact statement and make its decision on the preliminary
plat.
[c]
The grounds for a modification, if any, or the grounds
for disapproval shall be stated upon the records of the Planning Board. When
so approving a preliminary plat, the Planning Board shall state in writing
any modifications it deems necessary for submission of the plat in final form.
(2)
Planning Board not as lead agency under the State Environmental
Quality Review Act.
(a)
The Planning Board shall, with the agreement of the lead
agency, hold the public hearing on the preliminary plat jointly with the lead
agency's hearing on the draft environmental impact statement. Failing such
agreement, or if no public hearing is held on the draft environmental impact
statement, the Planning Board shall hold the public hearing on the preliminary
plat within 62 days after the receipt of a complete preliminary plat by the
Secretary of the Planning Board.
(b)
The hearing on the preliminary plat shall be advertised
at least once in a newspaper of general circulation in the Town at least five
days before such hearing if held independently of the hearing on the draft
environmental impact statement or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised in such
manner as it deems most appropriate for full public consideration of such
preliminary plat. The hearing on the preliminary plat shall be closed upon
motion of the Planning Board within 120 days after it has been opened.
(c)
The Planning Board shall by resolution approve with or
without modification or disapprove the preliminary plat as follows:
[1]
If the preparation of an environmental impact statement
on the preliminary plat is not required, the Planning Board shall make its
decision within 62 days after the close of the public hearing on the preliminary
plat.
[2]
If an environmental impact statement is required, the
Planning Board shall make its own findings and its decision on the preliminary
plat within 62 days after the close of the public hearing on such preliminary
plat or within 30 days of the adoption of findings by the lead agency, whichever
period is longer.
[3]
The grounds for a modification, if any, or the grounds
for disapproval shall be stated upon the records of the Planning Board. When
so approving a preliminary plat, the Planning Board shall state in writing
any modifications it deems necessary for submission of the plat in final form.
D.
Step IV: Filing of decision.
(1)
Certification and filing of preliminary plat. Within
five business days of the adoption of the resolution granting approval of
such preliminary plat, such plat shall be certified by the Secretary of the
Planning Board as having been granted preliminary approval, and a copy of
the plat and resolution shall be filed in such Secretary's office or with
the Town Clerk as determined by the Town Board. A copy of the resolution shall
be mailed to the owner.
(2)
Filing of decision on preliminary plat. Within five business
days from the date of the adoption of the resolution approving the preliminary
plat, the Chairman or other duly authorized member of the Planning Board shall
cause a copy of such resolution to be filed in the office of the Town Clerk.
(3)
Revocation of approval of preliminary plat. Within six
months of the approval of the preliminary plat, the owner must submit the
plat in final form. If the final plat is not submitted within six months,
approval of the preliminary plat may be revoked by the Planning Board.
E.
Step V: Filing fee. Filing fees and permit fees will
be set by resolution adopted by the Town Board.
A.
Step I: Submission requirements.
(1)
The subdivider, after official written notification by
the Planning Board with respect to the preliminary layout and the changes
to be made thereon, if any, shall, within six months thereafter, file with
the Planning Board original drawings of the subdivision plat. These shall
be clearly and legibly drawn in ink upon permanent material. The size of the
sheets shall be 20 by 22 inches and shall include a margin of one-inch outside
ruled border line on three sides and two inches along the left twenty-inch
side for binding. The drawings shall be at a scale of not more than 40 feet
to the inch. When more than one sheet is required, an additional index sheet,
at an appropriate scale, shall show the entire subdivision on one sheet with
lot and block numbers.
(2)
If the final plan is not submitted within six months
after the approval of the preliminary plat, the Planning Board may refuse
to approve the final plat and require resubmission of the preliminary plat.
(3)
Number of copies. A subdivider intending to submit a
proposed subdivision plat for the approval of the Planning Board shall provide
the Board with a copy of the application and three copies (one copy in form
required for filing with the Broome County Clerk) of the plat; the original
and one true copy of all offers of cession, covenants and agreements; and
two prints of all construction drawings.
(4)
The subdivision plat shall show or be accompanied by
the following information:
(a)
Proposed subdivision name or identifying title and Tax
Map number of the properties forming a part of the subdivision; the name and
address of recorded owner and subdivider; name, license number and seal of
the professional engineer and/or land surveyor responsible for the design,
survey of the subdivision and/or the preparation of the plats; date, scale
and true North direction.
(b)
Lines and width of streets, pedestrianways, lots, reservations,
easements and all other areas to be dedicated to public use or to be held
in reserve.
(c)
The length of all straight lines, the deflection angles,
radii, length of curves and central angles of all curves, tangent distances
and tangent bearings for each street and the dimensions and angles of the
boundary lines of each lot. All dimensions shall be shown in feet and decimals
of a foot.
(d)
Sufficient data acceptable to the Town Building and Code
Inspector or designated official in order that he might readily determine
the location, bearing and length of every street line, lot line and boundary
line and reproduce such lines upon the ground. Where practical, these shall
be referenced to monuments included in the state system of plane coordinates
and, in any event, should be tied to reference points previously established
by a public authority.
(e)
Typical cross sections of streets and roads including
drive-strip, curbs, walks and/or shoulders drawn to scale.
(f)
The layout of all permanent improvements such as sanitary
sewers, storm sewers, water mains, curbs, gutters and culverts, showing sizes,
grades and elevations, the location of basins, manholes and other underground
conduits or appurtenances where such items are an integral part of the subdivision.
(g)
Lots and blocks within the subdivision numbered and lettered
in alphabetical order in accordance with the prevailing Town practice.
(h)
Soil tests.
(i)
Permanent reference monuments shall be shown thus: "X."
(j)
Lot corners markers shall be shown thus: "O."
(k)
By proper designation, all public open spaces, other
than streets, for which deeds of cession are submitted and those spaces to
which title is reserved by the subdivider. Copies of agreements or other documents
showing the manner in which such areas are to be maintained and the provisions
made thereto. Offers of cession, deeds and covenants governing the maintenance
of conceded open spaces shall be approved by the Town Attorney as to their
legal sufficiency.
(5)
The Town Clerk, as representative of the Town Board,
shall deliver to the subdivider a certificate of submission which shall certify
the date on which the subdivider submitted his subdivision plat.
B.
Step II: State, county endorsement.
(1)
Final plats which are in substantial agreement with approved
preliminary plats: When a final plat is submitted which the Planning Board
deems to be in substantial agreement with a preliminary plat approved pursuant
to this section, the Planning Board shall by resolution conditionally approve
with or without modification, disapprove, or grant final approval and authorize
the signing of such plat within 62 days of its receipt by the Secretary of
the Planning Board.
(2)
Endorsement of the state and county agencies.
(a)
Water and sewer facility proposals contained in the subdivision
plat shall be properly endorsed and approved by the Broome County Department
of Health. Application for approval of plans for sewer or water facilities
shall be filed by the subdivider with all necessary Town, county and state
agencies. Endorsement and approval by the Broome County Department of Health
shall be secured by the subdivider before official submission of subdivision
plat.
(b)
If the Health Department requires Town approval before
its consideration of the plat, the Planning Board may approve, subject to
Health Department approval and subject to consideration of any such changes
required by such Department.
C.
Step III: Final plat review.
(1)
Final plats when no preliminary plat is required to be
submitted; receipt of complete final plat. When no preliminary plat is required
to be submitted, a final plat shall not be considered complete until a negative
declaration has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the State Environmental
Quality Review Act. The time periods for review of such plat shall begin upon
filing of such negative declaration or such notice of completion.
(2)
Final plats not in substantial agreement with approved
preliminary plat or when no preliminary plat is required to be submitted.
When a final plat is submitted which the Planning Board deems not to be in
substantial agreement with a preliminary plat approved pursuant to this section,
or when no preliminary plat is required to be submitted and a final plat clearly
marked "final plat" is submitted conforming to the definition provided by
this section, the following shall apply:
(a)
Planning Board lead agency. Planning Board as lead agency;
public hearing; notice; decision:
[1]
Public hearing on final plats. The time within which
the Planning Board shall hold a public hearing on such final plat shall be
coordinated with any hearings the Planning Board may schedule pursuant to
the State Environmental Quality Review Act, as follows:
[a]
If such Board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plat not in
substantial agreement with a preliminary plat, or on a final plat when no
preliminary plat is required to be submitted, shall be held within 62 days
after the receipt of a complete final plat by the Secretary of the Planning
Board; or
[b]
If such Board determines that an environmental impact
statement is required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the final plat and the draft environmental
impact statement shall be held jointly within 62 days after the filing of
the notice of completion of such draft environmental impact statement in accordance
with the provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the public hearing
on the final plat shall be held within 62 days following filing of the notice
of completion.
[2]
Public hearing; notice, length. The hearing on the final
plat shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if no hearing is held on
the draft environmental impact statement or 14 days before a hearing held
jointly therewith. The Planning Board may provide that the hearing be further
advertised in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall make its decision
on the final plat as follows:
[a]
If such Board determines that the preparation of an environmental
impact statement on the final plat is not required, the Planning Board shall
by resolution conditionally approve, with or without modification, disapprove,
or grant final approval and authorize the signing of such plat, within 62
days after the date of the public hearing; or
[b]
If such Board determines that an environmental impact
statement is required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be filed
within 45 days following the close of such public hearing in accordance with
the provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close of the
public hearing on the final plat. Within 30 days of the filing of the final
environmental impact statement, the Planning Board shall issue findings on
such final environmental impact statement and shall by resolution conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of such plat.
[4]
Grounds for the decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records of
the Planning Board.
(b)
Planning Board not lead agency. Planning Board not as
lead agency; public hearing; notice; decision:
[1]
Public hearing. The Planning Board shall, with the agreement
of the lead agency, hold the public hearing on the final plat jointly with
the lead agency's hearing on the draft environmental impact statement. Failing
such agreement or if no public hearing is held on the draft environmental
impact statement, the Planning Board shall hold the public hearing on the
final plat within 62 days after the receipt of a complete final plat by the
Secretary of the Planning Board.
[2]
Public hearing; notice, length. The hearing on the final
plat shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if held independently of
the hearing on the draft environmental impact statement or 14 days before
a hearing held jointly therewith. The Planning Board may provide that the
hearing be further advertised in such manner as it deems most appropriate
for full public consideration of such final plat. The hearing on the final
plat shall be closed upon motion of the Planning Board within 120 days after
it has been opened.
[3]
Decision. The Planning Board shall by resolution conditionally
approve, with or without modification, disapprove, or grant final approval
and authorize the signing of such plat as follows:
[a]
If the preparation of an environmental impact statement
on the final plat is not required, the Planning Board shall make its decision
within 62 days after the close of the public hearing on the final plat.
[b]
If an environmental impact statement is required, the
Planning Board shall make its own findings and its decision on the final plat
within 62 days after the close of the public hearing on such final plat or
within 30 days of the adoption of findings by the lead agency, whichever period
is longer. The grounds for a modification, if any, or the grounds for disapproval
shall be stated upon the records of the Planning Board.
D.
Step IV: Certification, conditional, default approvals.
(1)
Approval and certification of final plats. Certification
of plat: Within five business days of the adoption of the resolution granting
conditional or final approval of the final plat, such plat shall be certified
by the Secretary of the Planning Board as having been granted conditional
or final approval, and a copy of such resolution and plat shall be filed in
such Secretary's office. A copy of the resolution shall be mailed to the owner.
In the case of a conditionally approved plat, such resolution shall include
a statement of the requirements which when completed will authorize the signing
thereof. Upon completion of such requirements, the plat shall be signed by
said duly authorized officer of the Planning Board and a copy of such signed
plat shall be filed in the office of the Secretary of the Planning Board or
filed with the Town Clerk as determined by the Town Board.
(2)
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the resolution
granting such approval unless all requirements stated in such resolution have
been certified as completed. The Planning Board may extend by not more than
two additional periods of 90 days each, the time in which a conditionally
approved plat must be submitted for signature if, in the Planning Board's
opinion, such extension is warranted by the particular circumstances.
(3)
Default approval of preliminary or final plat. The time
periods prescribed herein within which a Planning Board must take action on
a preliminary plat or a final plat may be extended only by mutual consent
of the owner and the Planning Board. In the event the Planning Board fails
to take action on a preliminary plat or a final plat within the time period
prescribed therefor after completion of all requirements under the State Environment
Quality Review Act, or within such extended period as may have been established
by the mutual consent of the owner and the Planning Board, such preliminary
or final plat shall be deemed granted approval. The certificate of the Town
Clerk as to the date of submission of the preliminary or final plat and the
failure of the Planning Board to take action within the prescribed time shall
be issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval herein required.
(4)
Filing of decision on final plat. Within five business
days from the date of the adoption of the resolution approving the final plat,
the Chairman or other duly authorized member of the Planning Board shall cause
a copy of such resolution to be filed in the office of the Town Clerk.
E.
Step V: Additional requirements. Approval of the subdivision
plat shall, however, not be deemed final until the subdivider has complied
with the following:
(1)
The subdivider shall complete, in accordance with the
Planning Board's decision, to the satisfaction of the Town Engineer and/or
any other official or body authorized by the Town Board to act, all the street
and other improvements specified in § 277 of the Town Law and not
specifically waived by the Board and/or shall file with the Board a performance
bond or other security sufficient to cover the full cost of the same as estimated
by the Town Board, complying with § 277 of Town Law and satisfactory
to the Town Board as to form, sufficiency, manner of execution and surety,
for the completion of such improvements as are not to be constructed and/or
may not be approved by the Town Building and Code Inspector.
(2)
The subdivider shall tender offers of cession, in a form
certified as satisfactory by the Town Board, of all lands included in streets,
highways or parks not specifically reserved by him, but approval of the plat
by the Planning Board shall not constitute an acceptance by the Town of the
dedication of any street, highway, park or other public open spaces.
(3)
The subdivider shall obtain the approval of the Broome
County Health Department.
F.
Step VI: Copy to County. Within 62 days of the final
approval of the subdivision plat by the Planning Board, the subdivider shall
file a copy of the subdivision plat in the office of the Broome County Clerk.
Said subdivision plat shall be endorsed in writing on the plat in such a manner
as the Planning Board may designate. Such endorsement shall stipulate that
the plat does not conflict with the County Official Map, if one exists, or
in cases where plats do front on or have access to or are otherwise related
to roads or drainage systems shown on the County Map, that such plat has been
approved in the manner specified by § 239-f of the General Municipal
Law. Such final approval shall have been deemed to expire if the plat is not
so filed within the said 62 days.
G.
Step VII: Filing requirements. The subdivider shall,
within 10 days after filing the subdivision plat with the Broome County Clerk,
file a copy of the same plat with the Town Board.
H.
Step VIII: Construction approvals. After such plat has
been filed with the Broome County Clerk and the Town Board, the subdivider
shall be granted permission to proceed with the work necessary to construct
and install the proposed streets and other improvements in accordance with
the approved subdivision plat. Such construction and installations shall comply
with the road standards resolution.
(1)
Once subdivision site work is underway, the subdivider shall cooperate with the Town Building and Code Inspector or any other duly designated official who shall be responsible for inspections necessary to ensure that all work is in accordance with the approved subdivision plat, the applicable standards set forth in § 400-8 of these subdivision regulations and the construction standards resolution.
A.
Upon completion of the construction and installation
of streets and other improvements in accordance with the approved subdivision
plat, and upon submission to the Town Board of as-built drawings indicating
the precise location and construction standards of all public utilities, satisfactory
deeds, abstracts of title and easements for streets, storm sewers, sanitary
sewers, waterlines and other utilities as required, the Town Board shall take
all necessary steps to accept these improvements for public use and permanent
maintenance, in accordance with the provisions of the Town Law and any other
applicable law, and the subdivider shall thereupon be released from any performance
bonds posted and filed with the Town to guarantee any of the aforesaid proposed
construction and installation.
B.
Notwithstanding any of the foregoing, the Town Board
shall require from the subdivider an affidavit stating that all bills and
accounts for materials and labor used in the construction of improvements
have been paid before said improvements will be accepted by the Town Board
for public use and maintenance.
A.
General standards. The subdivider shall observe the following
general land subdivision standards:
(1)
The proposed subdivision shall conform to the Official
Map, the Zoning Ordinance and the Comprehensive Plan.
(2)
The arrangement of streets in the subdivision shall provide
for the continuation of arterial roads and collector roads in any adjoining
subdivisions or for their proper projection when adjoining property is not
subdivided, and shall be of a width at least as great as that of such existing
connecting streets. When streets are completed for only a portion of an approved
subdivision, the extension of which are to be completed at a later date, the
subdivider shall provide a turnaround roadway as specified for dead-end or
cul-de-sac streets.
(3)
Dead-end or cul-de-sac streets shall conform to the Town
of Maine construction standards.[1] The turnaround, where the end of the street abuts adjoining property
of other owners, shall have a perimeter of an eighty-foot diameter circle
and touch but not intersect such property lines. Where a plat submitted shows
a turnaround at the end of a street and such turnaround does not touch the
property lines of adjoining properties, the Town Highway Superintendent may,
when in his judgment the terrain is suitable for an extension of such dead-end
street at some future date, require that a strip of land of the same width
as the proposed street and extending from the dead-end of the proposed street
to the property lines of adjoining property be dedicated to the Town as a
right-of-way for future extension of such dead-end street. No reserve strips
shall be retained by the owner of any plat or map submitted to the Town Board.
(4)
Block lengths generally shall not exceed 800 feet in
length.
(5)
Each normal block shall be planned to provide two rows
of lots, but irregularly shaped blocks indented by cul-de-sac streets and
containing interior parks will be acceptable when properly designed and covered
by agreements as to maintenance of interior parks.
(6)
Side lines of lots, so far as practicable, shall be at
right angles or radial to street lines.
(7)
Reversed frontage of lots at street intersections shall
be avoided where possible and a series of fan-shaped lots shall not be encouraged.
(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 building line of each street.
(9)
Land subject to flooding and deemed by the Planning Board
to be uninhabitable shall not be platted for residential occupancy, nor for
such other use as may increase danger to health, life or property or aggravate
the flood hazard. Such uses as shall not be endangered by periodic or occasional
inundation shall be permitted.
(10)
In case a tract is subdivided into larger parcels, it
shall be arranged so as to allow the opening of future streets and logical
further subdivisions.
(11)
No reserve strips controlling access to land dedicated,
or to be dedicated to public use, shall be permitted.
(12)
Areas of reasonable size shall be set aside for neighborhood
parks or other recreation uses when required by the Planning Board. In lieu
thereof, the Planning Board may require payment by the subdivider to the Town
of an amount to be determined by the Town Board. Such amount shall be available
for use by the Town for park and playground purposes.
(13)
Adequate storm drainage systems shall be required in
all new subdivisions. In lieu thereof, the Planning Board may require the
subdivider to contribute a lawful and reasonable sum for placement in a fund
to be used by the Town Highway Department for the construction of storm drainage
systems in the subdivision at some future date when the Planning Board and/or
the Town Highway Superintendent deem them to be necessary.
(14)
The subdivision design shall encourage the preservation
of existing trees.
D.
Street names.
(1)
All street names shown on a preliminary plat or final
plat shall be approved by the Planning Board. In general, streets shall have
names and not numbers or letters. Proposed street names shall be substantially
different so as not to be confused in sound or spelling with present names,
except that streets that join or are in alignment with streets of an abutting
or neighboring property shall bear the same name.
(2)
Final designation, by name and number, of any such streets
shall be made by the Town Board in accordance with subdivision 9 of § 64
of Town Law.
These subdivision regulations shall hereby repeal and replace the Town
of Maine Land Subdivision Regulations (hereinafter referred to as "1978 Regulations")
adopted by the Town Planning Board on June 5, 1978, and approved by the Town
Board on June 13, 1978. However, such repeal shall not affect or impair any
act done or right accruing, accrued or acquired, liability, penalty, forfeiture
or punishment incurred or owing, or levy or assessment made, imposed or owing,
prior to the time such repeal takes effect, but the same may be enjoyed, asserted,
collected, enforced, prosecuted or inflicted as fully and to the same extent
as if such repeal had not been effected. All actions and proceedings, civil
or criminal, commenced under or by virtue of any provision of the 1978 Regulations,
the Zoning Ordinance or any other Town of Maine local law, ordinance, resolution
or regulation, and pending immediately prior to the taking effect of such
repeal, may be prosecuted and defended to final effect in the same manner
as if they might if such 1978 Regulations were not so repealed.
