The Planning Board of the Town of Manchester, New York, shall have the
power and authority to approve plans for the subdivision of land within its
limits.
A.
No subdivision of any lot, tract or parcel of land shall
be effected, and no street, sanitary sewer, storm sewer, water main or other
facilities in connection therewith shall be laid out, constructed, opened
or dedicated for public use and travel or for the common use of occupants
of buildings abutting thereon, except in strict accordance with the provisions
of this chapter.
B.
All plans for subdivisions shall be submitted to the
Planning Board and approved by it before they shall be recorded.
C.
The provisions contained herein shall apply to all land
within the unincorporated area of the Town.
D.
Any change to a plat previously recorded in the office
of the Ontario County Clerk requires the approval of the Planning Board in
accordance with this chapter.
This chapter is adopted for the following purposes:
A.
Protect, create, and provide for conditions favorable
to the public health, safety and general welfare and guide future growth by:
B.
Establish standards and procedures for subdivision of
land and ensure proper legal descriptions and monuments of subdivided land.
C.
Prevent damage to the environment as a result of development.
D.
Minimize potential conflicts among the uses of neighboring
lands and buildings while protecting and conserving the value of land and
business performed.
E.
Protect and conserve the value of land, buildings and
improvements, and to minimize potential conflicts among the uses of neighboring
land and buildings.
F.
Preserve the natural beauty and topography of lands within
the Town of Manchester by fostering appropriate development which shows special
regard for the protection of environmentally sensitive areas that include
the preservation of agricultural land and agricultural practices.
This chapter shall be known and may be cited as the "Town of Manchester
Subdivision Regulations."
A.
Other local regulations. This chapter shall not, nor
are they intended to nullify any more restrictive local regulations, laws
or ordinances in effect in the Town of Manchester.
B.
Conflict with public and private provisions.
(1)
Public provisions. This chapter is not intended to interfere
with, abrogate, or annul any other ordinance, rule, regulation, statute, or
other provision of law. Where any provision of this chapter imposes restrictions
different from those imposed by any other provision of any local ordinance,
regulation, or law; that provision which is more restrictive or imposes the
higher standard shall control.
(2)
Private provisions. This chapter is not intended to annul
or void any easement, covenant, or other private agreement or restriction.
The enforcement of any such provisions, whether or not discussed in the subdivision
review process, shall not be the responsibility of the Planning Board.
C.
Pending actions. This chapter shall not be construed
as abating any action now pending under prior existing subdivision regulations
or as discontinuing, abating, modifying or altering any penalty accruing or
about to accrue, or as affecting the liability of any person, association,
or corporation, or as waiving any right of the Town of Manchester under any
section or provision existing at the time of adoption of this chapter, or
as vacating or annulling any rights obtained by any person, association, or
corporation, by lawful action of the municipality except as shall be expressly
provided for herein.
If any part or provision of this chapter or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction,
such judgment shall be confined in its operation to the part, provision or
application directly involved in the controversy in which such judgment shall
have been rendered and shall not impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances.
A.
General enforcement.
(1)
A lot hereafter created by division of a larger tract
of land within the Town of Manchester shall not be transferred or sold and
no site development permit pertaining to such lots shall be issued unless
a subdivision plan which shows such lot and which bears the final approval
of the Planning Board has been duly filed in the office of the Ontario County
Clerk.
(2)
The subdivision of any lot or parcel of land, by the
use of metes and bounds description for the purpose of sale, transfer or lease,
with the intent of evading this chapter, shall not be permitted.
B.
Violations. Any person, association or corporation failing
to comply with or violating any of this chapter shall be guilty of an offense
and subject to the penalties of that offense or offenses as follows: by a
fine of $250 or imprisonment not to exceed 15 days, or both, and each day
such violation continues shall constitute a separate violation,
carrying with it a fine of $50 for each additional day the violation continues.
C.
Civil enforcement. Appropriate actions and proceedings
may be taken at law or in equity proceedings to prevent or cease any violation
of this chapter, to prevent unlawful conveyance or construction, to recover
damages, to restrain, correct or abate a violation or to prevent illegal occupancy
of a building structure or premises. These remedies shall be in addition to
the penalties described above.
As used in this chapter, the following terms shall have the meanings
indicated:
A public or private way not more than 40 feet wide affording only
secondary means of access to abutting properties.
The owner of land proposed to be subdivided or developed or his agent.
Proof of agency shall be required from the legal owner of the land proposed
to be subdivided.
See "final approval."
A person licensed as an architect by the State of New York.
American Association of State Highway and Transportation Officials.
A tract of land bounded by streets, or by a combination of streets
and public parks, cemeteries, railroad rights-of-way, shorelines of waterways,
or boundary lines of other municipalities.
The Town of Manchester Planning Board created pursuant to Town Law
§ 271, as amended. Also see "Town Board."
The New York State Department of Health or the Manchester Town Board
convened as a Board of Health pursuant to Public Health Law § 307.
Any form of security, including a cash deposit, surety bond, collateral,
property, or letter of credit, in an amount acceptable to the Town Board and
form satisfactory to the Town Attorney. Wherever a bond is required by this
chapter alternate forms of security shall be approved by the Town Attorney.
For purposes of this chapter and the submission of plats for approval,
the Clerk of the Board shall be the Planning Board Secretary.
Authority, granted by § 278 of the Town Law of New York State, whereby the Planning Board is authorized to modify certain provisions of Chapter 325, Zoning. The modification must occur at the same time the plat or plats are approved pursuant to this chapter and modification of lands outside the limits of any incorporated village to which this procedure may be applicable. The purposes of such authorization will be to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of the land. It is designed to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands.
Town official responsible for enforcement of local ordinances and
laws.
A dedicated street used to carry traffic from minor streets to primary
or major thoroughfares.
Any development or improvement the purpose of which is to benefit
the common interests of the residents of the Town or the residents of a particular
portion of the Town.
See § 275-11C of this chapter.
The approval by the Planning Board or a final plan subject to conditions
set forth in a resolution. Such conditional approval does not qualify a final
plan for recording in the office of the Ontario County Clerk. Also see "final
approval."
The maps or drawings accompanying a subdivision plan showing the
specific location, size and design of all subdivision improvements.
An agent acting for the developer to construct the required improvements
of the project. The contractor is responsible to perform the work in conformance
with these requirements subject to the approval of Town officials.
A designated portion of a right-of-way designed to provide safe pedestrian
access to land on the opposite side of the right-of-way.
A minor street intersecting another street at one end and terminated
at the other by a vehicular turnaround.
The deliberate assignment of land by its owner for any general an
public uses, reserving to himself no other rights than are compatible with
the full exercise and enjoyment of the public uses to which the property has
been devoted.
The division of any parcel of land into four or more parcels or lots.
A lot having at least two boundaries abutting separate streets, which
do not intersect.
A special improvement district established or extended for the purpose
of constructing and maintaining stormwater drainage facilities. Also see "special
improvement district."
Easements required for the installation of periodic maintenance of
stormwater sewers, drainage ditches or detention facilities providing for
the flow or water therein to safeguard the public and the environment against
danger from flood or erosion.
A corridor of suitable grade, width and stability providing safe
and adequate pedestrian and vehicular access to a lot and the structures thereon
from an intersecting public right-of-way.
The person or public official authorized by a resolution of the Planning
Board to sign subdivision or site plans pursuant to this chapter. In the absence
of any contrary designation by the Planning Board, the duly designated officer
shall be the Planning Board Chairman.
A person licensed as professional engineer (PE) by the State of New
York.
Land or land features critical to the maintenance and integrity of
ecosystems.
See "state environmental quality review (SEQR)."
The signature of the Planning Board Chairman upon an approved final
plan pursuant to a resolution of the Planning Board approving or conditionally
approving the final plan.
Land in a floodplain subject to a 1% or greater chance of flooding
in any given calendar year.
The high-water elevation of a natural watercourse flowing at its
one-hundred-year frequency as defined by a responsible agency, such as the
United States Army Corps of Engineers or the Federal Emergency Management
Agency (FEMA).
Areas adjoining a watercourse, which are flooded as a result of a
severe combination of meteorological and hydrologic conditions.
The channel and those parts of the adjoining floodplain which are
required to carry and discharge floodwater and which may not be obstructed
without unduly raising upstream water levels.
A topological plan showing all present and proposed elevation contours
at such intervals of elevation as are required herein.
Those physical additions and changes to the land, whether or not
offered for dedication, that are designed to produce functional lots. Improvements
include, but are not limited to grading, paving, curbing, fire hydrants, water
mains, sanitary sewers and drains, individual sewage systems, stormwater sewers,
ditches, ponds and culverts, sidewalks, crosswalks, and required plantings.
An independent system of piping, tanks or other facilities serving
a lot and disposing of sewage or other liquid wastes into the soil of the
lot.
An agent of the Town empowered to inspect the progress of the project
and compliance of the construction with the approved plots and specifications.
A right-of-way for pedestrian use extending from a street into a
lot or across a block to another street.
Institute of Transportation Engineers.
An instrument issued by a bank, which guarantees the availability
of funds in a specific amount for withdrawal by the Town and is intended to
guarantee the complete and satisfactory construction of improvements in accordance
with approved plans. Also see "bond."
A dedicated minor street which has the dual purpose of providing
limited access for traffic and access to individual properties. Local streets
are not intended to serve through traffic.
A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by Chapter 325, Zoning, of the Code of the Town of Manchester, and having frontage on a public street.
A permanent reference marker set at points as required in this chapter.
The date upon which a subdivision plan shall be considered submitted
to the Planning Board and which is hereby limited to dates upon which there
is held a scheduled Planning Board meeting.
Any person, group of persons, association, partnership, corporation
or other legal entity having legal title to or sufficient proprietary interest
in the land sought to be subdivided or developed under this chapter.
An area of land delineated as a contiguous unit by a Tax Map approved
by the New York State Board of Real Property Services or metes and bounds
description.
A parcel, combination or parcels, or tracts from which two or more
derivative parcels or lots are created by division.
That portion of a street or alley intended for vehicular use, which
consist of a hard surface.
A strip of land adjacent to an existing street right-of-way line
used for a public purpose. The front line shall be considered to be coincident
with the permanent highway easement boundary. Where there is no requirement
for a permanent highway easement, the front lot line shall be considered to
be coincident with the existing right-of-way line.
A metal reference marker set at points as required in this chapter.
A drawing or set of drawings indicating the manner or layout of a
subdivision which is to be submitted for approval together with all required
improvements and appurtenances. Types of plans include sketch, preliminary
and final. Each type of plan requires a different level of detail.
The approval of the Planning Board of a final preliminary plan set
forth in the resolution. Plan approvals may include modifications, and approvals
of final plans may be conditional. A resolution of the Planning Board approving
a plan does not constitute final approval and does not qualify a plan for
recording in the office of Ontario County Clerk. Also see "final approval."
See "plat, final."
The Town of Manchester Planning Board duly constituted pursuant to
Town Law § 271, as amended.
See "plat, preliminary."
See "sketch plan."
A drawing prepared in a manner described by local regulation, showing
the layout of a proposed subdivision including but not limited to, road and
lot layout and approximate dimensions, key plan, topography and drainage,
all proposed facilities not sized, including preliminary plans and profiles,
at a suitable scale and in such detail as local regulation may require.
A drawing prepared in a manner prescribed by local regulation, showing
the layout of a proposed subdivision, containing in such additional detail
as shall be provided by local regulation all information required to appear
on a preliminary plat and modifications, if any, required by the Planning
Board at the time of approval of a preliminary plat of such proposed subdivision,
if such preliminary plat has been so approved.
A plat in final form that is ready for signing by the duly authorized
officer of the Planning Board after a resolution granting final approval of
the plat has been completed. Such final approval qualifies the plat for recording
in the office of the County Clerk.
The approval 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 the issuance
of 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
County Clerk.
An informal meeting between the planning and zoning staff and a subdivider or developer to discuss the general design and layout of the subdivision or site. Matters also to be discussed include Town policies and procedures regarding the subdivision of land, a probable timetable for review, and the subdivider's intent concerning a proposed subdivision. See § 275-9.
A map, plan or plat which provides information concerning the actual
location of improvements as built.
Revision of all or part of an existing filed plat, including consolidation
of lots or additional lots or alteration of approved lot boundaries. If the
proposed resubdivision consists solely of the simple alteration of lot lines,
then normal subdivision procedures may be waived at the discretion of the
Board. Major or minor status is at the discretion of the Planning Board.
A lot whose access is provided from the rear of the property.
The line determining the street or highway limit of public ownership.
PRIVATE RIGHT-OF-WAYLand owned by a non-public agency or organization and occupied or intended to be occupied by transmission mains, gas pipe lines, rails or other special uses.
PUBLIC RIGHT-OF-WAYLand owned by public agencies for use as a street or other public purpose.
A thoroughfare dedicated and accepted by a municipality for public
use or legally existing on any map of a subdivision filed in the manner provided
by law.
A concrete pedestrianway five feet in width, constructed within a
dedicated ten-foot-wide easement and running across the entire frontage of
a site.
A decision made by a lead agency under SEQR which establishes the
degree to which a proposed action is likely to affect the environment.
An informal plan to scale, indicating existing features of a tract and its surroundings and the general layout of a proposed subdivision prepared in a manner consistent with § 275-10 of this chapter.
A district established and administered pursuant to Article 12, 12A or 12C, Chapter 62 of the New York State Consolidated Laws, to provide public improvements and/or services.
A formal review pursuant to Part 617 of the New York Codes, Rules
and Regulations which seeks to ensure a productive and enjoyable harmony between
man and his environment, and promotes efforts which will prevent or eliminate
damage to the environment and enhance human and natural resources.
A binding statement of intentions submitted by an applicant for the
purpose of clarifying current or future development intentions and submitted
as a condition for obtaining plan approval.
Any person, association, partnership, or agent thereof, proposing
subdivision as defined herein.
Any tract of land which is developed by division into four or more
lots along an existing or proposed street, highway, easement, or right-of-way
for purposes of conveyance, improvement, sale or rent or are offered for sale
or leased for any period of time, whether such lots are described by metes
and bounds, by reference to a map, survey of the property or by any other
method of description and regardless of whether the lots or plots are contiguous.
MAJOR SUBDIVISIONAny subdivision not comprising a minor subdivision under this chapter.
MINOR SUBDIVISIONA division of a parcel of land along an existing public street or road, not involving the opening, widening, or extension of any street or road, and involving not more than one lot, which is not less than one acre, after the original tract has been completely subdivided.
A person licensed as a land surveyor by the State of New York.
The Town Board of the Town of Manchester.
The duly designated Engineer for the Town of Manchester.
Any body of land, including contiguous parcels of land, under the
common ownership or control of any owner, developer or subdivider acting in
concert or in part of a common scheme or plan.
Freshwater wetlands including lands and submerged lands, commonly called marshes, swamps, sloughs, bogs and flats supporting aquatic and semiaquatic types identified in Article 24 of the New York State Conservation Law or by any applicable federal law or regulation.
The officially adopted Zoning Law also known as Chapter 325 of the Code of the Town of Manchester, as amended from time to time.
The Official Zoning Map of the Town of Manchester which shows the
boundaries of zoning districts within the Town, as amended from time to time.
A.
Preliminary and final plans for all proposed subdivisions
of land within the Town of Manchester shall be filed with the Planning Board
for approval.
B.
Preapplication conferences. Preapplication conferences
with the Planning Board are encouraged in order to:
C.
Sketch plans. The subdivider may request that the Planning
Board review subdivision sketch plans. The Planning Board's purpose in reviewing
subdivision sketch plans shall be solely to provide an opportunity for informal
discussions concerning a proposed subdivision with Planning Board members
at a regular meeting.
D.
Preliminary plans. Unless clearly designated to be a sketch plan, the initial plan filed with the Planning Board shall be considered to be the official preliminary plan. The preliminary plan shall comply with the procedural requirements of § 275-11 and conform to the preliminary plan checklist in § 275-12.
E.
The Planning Board shall refer to the Ontario County
Planning Board preliminary subdivision plans as required by § 239
et seq. of the General Municipal Law.
F.
Approval of preliminary/final plans for certain subdivisions. At the first or subsequent consideration of a preliminary plan for a certain subdivision the Planning Board may grant final approval if the plan and supporting data comply with the requirements for the submission of final plans described in §§ 275-13 and 275-14.
G.
Final plans. The final plan submitted to the Planning Board shall contain all information required on the preliminary plan and the modifications, if any, stipulated by the Planning Board in the resolution approving the preliminary plan. The final plan shall also comply with the procedural requirements of § 275-13 and conform to the final plan checklist in § 275-14.
H.
Clustering. The Planning Board may consider any proposal for a clustered project submitted by a subdivider. Pursuant to §§ 275-16 and 275-30 of this chapter and Town Law § 278, as amended, the Planning Board may require clustering to protect environmentally sensitive areas or to preserve open space.
J.
Surety. The Planning Board may require that appropriate
surety be posted to assure that a development is constructed as designed and/or
to assure that the conditions of approval are satisfied.
K.
Fees. A fee as established by the Town Board shall accompany
all applications for subdivision approval. This fee shall be used to cover
the cost of the subdivision review and approval process, including such administrative
costs as engineering review, public hearing notices, inspections and communications.
See Town of Manchester Fee Schedule as adopted by the Manchester Town Board
and amended from time to time.[2]
L.
Public hearing. All subdivision proposals require a public
hearing before the Planning Board. All owners of property located within 500
feet of the parcel proposed for subdivision shall be notified of the public
hearing by publishing a legal notice in the Town's official newspaper. The
public hearing is held to permit the public to learn details of the proposed
development and to comment thereon.
M.
Date of receipt. An application for preliminary plan
approval shall not be considered complete until the Planning Board has made
a SEQR determination of nonsignificance or, alternatively, should the Board
determine that the action may have a significant effect on the environment,
the application shall not be deemed to be complete until the Board has accepted
and filed an environmental impact statement.
N.
Issuance of permits restricted. No site improvements
within a subdivision shall be developed and no building or site development
permits for construction within the development issued until the plat has
received final approval by the Planning Board and the required surety, if
any, has been posted.
The sketch plan shall be clearly designated as such and shall identify
the existing general land features, the available utilities, the proposed
land use and zoning and the layout of lots and traffic patterns for the development.
Planning Board members may suggest modifications to, but shall not approve
or disapprove the sketch plan or concepts represented therein. Comments made
by individual Board members during sketch plan review shall not be interpreted
as constituting approval or disapproval by the Board nor shall they be interpreted
to limit the scope of any subsequent review or approval of a derivative plan.
Planning Board review of sketch plans is hereby found by the Planning Board
to be a Type II action under SEQR.
A.
Preliminary plans shall be clearly identified on the
plans as being preliminary. A minimum of 10 copies of the preliminary plan
shall be submitted to the Planning Board as well as such additional copies
as necessary to notify any involved agencies under SEQR. When the proposed
subdivision involves land lying within the area to be referred to the Ontario
County Planning Board for review under § 239-n of the General Municipal
Law, as amended, then 12 copies of the preliminary plan shall be submitted
to the Planning Board as well as such additional copies as necessary to notify
any involved agencies under SEQR.
C.
Within 62 days of receipt of a complete application for
preliminary plat approval by the Clerk of the Planning Board, the Planning
Board shall hold a public hearing as required by Town Law § 276,
as amended. An application for preliminary plan approval shall not be considered
complete until the Planning Board has made a SEQRA determination of nonsignificance,
or alternatively, should the Board determine that the action may have a significant
effect on the environment, the application shall not be deemed to be complete
until the Board has accepted and filed an environmental impact statement.
The time period for review of a preliminary plat shall begin upon filing of
such negative declaration or such notice of completion.
D.
Within 62 days after the closing of a required public
hearing, the Planning Board shall by resolution approve, with or without modification,
or disapprove the preliminary plan. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the record of the Planning
Board. Within five business days of the adoption of the resolution granting
approval or disapproval of such a preliminary plat, it shall be certified
by the Clerk of the Planning Board as having been granted or denied preliminary
approval and a copy of such resolution shall be filed in the office of the
Town Clerk. A copy of the resolution approving or disapproving the plat shall
be included in the Planning Board's minutes and a copy mailed to the subdivider.
In addition, within five business days of the adoption of the resolution granting
approval of such preliminary plat, such plat shall be certified by the Clerk
of the Planning Board as having been granted preliminary approval and a copy
of the plat and resolution shall be filed in the Development Department Office.
E.
Approval of the preliminary plan shall constitute Planning
Board approval of the character and intensity of the development, the general
layout of the subdivision, the dimensions and location of streets and lots,
and the provision for and approximate location of utilities and other community
facilities, as each is proposed, but subject to those modifications, if any,
stipulated by the Board in its approval.
F.
In the event the Planning Board fails to take action
on a final plat within the time prescribed therefor by Town Law § 276,
as amended, the plat shall be deemed approved and a certificate of the Town
Clerk as to the date of submission and the failure to take action within such
a prescribed time shall be issued on demand and shall be sufficient in lieu
of written endorsement or other evidence of approval herein required.
G.
Within six months of the approval of a preliminary plat
the owner must submit the plat in final form. If the final plat is not submitted
within six months, the Planning Board may revoke approval of the preliminary
plat.
H.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 269, Stormwater Management; Erosion and Sediment Control, and Article XII, Stormwater Control, of Chapter 325, Zoning, of the Code of the Town of Manchester shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article XII, Stormwater Control, of Chapter 325, Zoning. The approved preliminary subdivision plat shall be consistent with the provisions of all Town stormwater management requirements.
A.
The preliminary subdivision plan shall show or be accompanied
by the following information:
(1)
Proposed subdivision name or identifying title;
(2)
Date, North point and scale. The plan shall be at scale
of no more than 100 feet to the inch;
(3)
Name of the owner of the property;
(4)
Name of the engineer, surveyor, or architect responsible
for the plans;
(5)
Tract boundaries with bearings and distances;
(6)
Contours at vertical intervals of 20 feet as determined
from a topographic survey or a topographic survey map of the US Geological
Survey. In the case of steep or unusual tracts, the Planning Board may require
contours at such lesser intervals as it find necessary for study and planning
of the tract;
(7)
Delineation of any land exceeding a slope of 10%, land within a NYSDEC freshwater wetland, land within a FEMA special flood hazard zone or lands otherwise designated by Chapter 325, Zoning, as a floodplain area;
(8)
Delineation of limits of any land to be disturbed in
any manner including areas to be cut, filled, excavated, or graded and contours,
both existing and proposed, at vertical intervals of no more than five feet
for areas within such limits;
(9)
Location and description of all swales, ponds, basins, fences, dikes or other devices required to control soil erosion and sedimentation or otherwise comply with the provisions of Chapter 269, Stormwater Management; Erosion and Sediment Control, of the Code of the Town of Manchester;
(10)
Datum to which contour elevations refer. Where reasonably
practicable, datum shall refer to USGS established elevations;
(11)
All existing watercourses, tree masses and other significant
natural features;
(12)
All existing buildings, sewers, water mains, culverts,
petroleum or petroleum product lines, fire hydrants and other significant
man-made features and utilities;
(13)
All existing streets on or adjacent to the tract, including
names, right-of-way widths and pavement widths; the Planning Board shall have
the right to name new streets in accordance with historic characteristics
of the community and in accordance with the Ontario County 911 Emergency Communications
Local Law;
(14)
All existing property lines, easement and rights-of-way
and the purpose for which the easements or rights-of-way have been established;
(15)
Location and width of all proposed streets, alleys, rights-of-way,
easements, and proposed lot lines;
(16)
Location and dimensions of all playgrounds, public buildings,
public areas and other parcels of land proposed to be dedicated to or reserved
for public use;
(17)
Location and widths of all proposed driveway intersections
with streets and sight distances therefrom. Suitable means of access must
be shown for each lot unless such lot is to be annexed to an existing parcel.
Subsequent driveway locations shall be completed in such a manner as to comply
with sight distance standards as promulgated by AASHTO and/or ITE;
(18)
Estimated location, size and invert elevations of all
proposed sanitary and storm sewers and location of all manholes, inlets and
culverts;
(19)
Estimated location and size of all proposed water mains,
laterals, hydrants, meters and valves;
(20)
Where required by New York State Department of Health
regulations, the proposed locations, sizes, and design of individual septic
tanks and associated leach fields. Regardless of such regulations the locations
and results of tests conducted to determine soil percolation capabilities
and deep soil profiles must be provided. At least one potential septic disposal
site must be tested for each individual lot unless such lot is to be annexed
to an existing parcel or unless public sanitary sewer is to be provided;
(21)
Wherever practicable, the names of owners of all abutting
unplotted land and the names of all abutting subdivisions;
(22)
Where the preliminary plan covers only a part of the
subdivider's entire holdings, a separate sketch shall be submitted of the
prospective street lot and utility layout for the remainder of the land including
an estimated time schedule for phasing of the entire project;
(23)
Copies of proposed deed restrictions, if any, shall be
attached to the preliminary plan;
(24)
Current zoning of the land including all setback dimensions
for said zoning district;
(25)
A completed agricultural data statement from identifying
whether the site lies within an area which is further regulated under § 283-a
of the Town Law, as amended;
(26)
Anticipated time schedule for completing development
of the site; and
(27)
Special information on conditions identified by the Planning
Board at sketch plan review.
A.
Within six months of the approval of the preliminary
plan, whether with or without modification, the owner must submit the plan
in final form. If such plan is not so submitted, approval of the preliminary
plan is subject to revocation by the Planning Board.
B.
The final plan shall conform in all respects with the
preliminary plan previously approved by the Planning Board except that such
plan shall incorporate all modifications and revisions specified by the Planning
Board in its preliminary plan approval. A plan not so conforming shall be
considered to be a submission of a new preliminary plan the subject of a review
for preliminary approval by the Planning Board.
C.
Within 62 days of submission of the final plat to the
Planning Board and other required material as described herein which is in
substantial agreement with a preliminary plat approved pursuant to these provisions,
the Planning Board shall by resolution conditionally approve with or without
modifications, disapprove, or grant final approval and authorize the signing
of such plat.
D.
If the final plat is not in substantial agreement with
approved preliminary plats, or when no preliminary plat is required to be
submitted and a final plat clearly is marked "final plat", the provisions
of § 276, Subdivision 6(d)(i) or (ii), of New York State Town Law,
as amended, shall be complied with.
E.
The final plan shall be clearly identified on the plan as being final and shall comply fully with the requirements of this section and those of § 275-14. An application for final plat approval shall not be deemed to be complete if the requirements of this section and those of § 275-14 have not been satisfied.
F.
A minimum of 10 copies of the final plan with supporting
data shall be submitted to the Planning Board by the subdivider.
G.
Upon the Planning Board's adoption of a resolution approving
a final plan, the Chairman of the Planning Board shall sign the plan, subject
to completion of such requirements as may be stated in the resolution if the
approval is conditional. Within five days of such resolution, the plan shall
be certified by the Clerk of the Planning Board as approved or as conditionally
approved, a copy of the resolution filed with the Town Clerk, and a certified
copy mailed to the subdivider, including a certified statement of such requirements
which, when completed, will authorize signing of a conditionally approved
final plan. Upon completion of such requirements, if any, the Chairman of
the Planning Board shall sign the plan. Upon completion of such requirements,
if any, the Chairman of the Planning Board shall sign the plan. Approval of
a final plan by a resolution of the Board shall expire within 180 days after
the date of the resolution granting approval if it has not been submitted
for signature. The Planning Board may extend the time in which an approved
plan in final form must be submitted for signature if, in its opinion, such
extension is warranted by the particular circumstances thereof, but for no
longer than two additional periods of 90 days each.
H.
The signature of the Planning Board Chairman pursuant
to a resolution of the Planning Board approving the final plan or conditionally
approving the final plan shall constitute final approval.
I.
Within 62 days after final approval, the subdivider must
file for recording a copy of the final plan bearing the final approval of
the Board. If the final plan is not recorded within such period, the Planning
Board's approval shall expire and become null and void.
J.
The copy of the final plan filed for recording in the
office of the County Clerk shall be a clear and legible print in accordance
with the requirements of that office.
K.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 269, Stormwater Management; Erosion and Sediment Control, and Article XII, Stormwater Control, of Chapter 325, Zoning, of the Code of the Town of Manchester and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article XII, Stormwater Control, of Chapter 325, Zoning. The approved final subdivision plat shall be consistent with the provisions of all Town stormwater management requirements.
A.
Plan size and legibility. The subdivision plan submitted
for final approval stamp and/or signature of various agencies as listed in
the Planning Board's resolution granting final approval shall be a clear,
legible print on linen or Mylar.
B.
Plan scale and required information.
(1)
The final plan shall be at scale of not more than 100
feet to the inch and in addition to information required on the preliminary
plan, shall include the following information:
(a)
Subdivision name or identifying title;
(b)
Name and seal of the registered professional engineer
or surveyor responsible for the plan;
(c)
Sufficient data to determine readily the location, bearing
and length of every street, easement, lot and boundary line and to reproduce
such lines on the ground including:
(d)
The proposed building setback line for each street;
(e)
Width and location of all private driveways;
(f)
Location, size and invert elevation of all sanitary and
storm sewers, and location of all manholes, inlets and culverts;
(g)
Location and size of all water main and laterals and
associated appurtenances;
(h)
Lot numbers and area of each lot in square feet;
(i)
Proposed names of streets within the subdivision;
(j)
Permanent reference monuments shall be shown as required
by any proper authority;
(k)
Other improvements or modifications required by the Planning
Board in the resolution granting preliminary approval;
(l)
Dimensions shall all be shown in feet and in hundredths
of a foot.
(2)
The final plans shall also show thereon or be accompanied
by:
(a)
An affidavit that the applicant or applicant's principal
is the owner or equitable owner of the land proposed to be subdivided;
(b)
A statement duly acknowledged before an officer authorized
to take acknowledgment of deeds and signed by the owner or owners of the property,
to the effect that the subdivision as shown on the final plan is made with
his or their free consent and that it is desired to record the same;
(c)
Complete design specifications when water systems or
individual sewage disposal system are to be installed. Final approval, as
indicated by the Planning Board Chairman's signature of the final plan shall
not be given until such time as the State Department of Health and/or Department
of Environmental Conservation have granted such approvals as are required
by law;
(d)
Typical cross-sections, street profiles and drainage
details for all streets. Such profiles shall at least show the following:
existing grade along the proposed street center line; existing grade along
each side of the proposed street right-of-way; proposed finished center-line
grade or proposed finished grade at top of curbs; sanitary sewer mains and
manholes; and storm sewer mains, inlets, manholes and culverts;
(e)
Protective covenants, if any, in a form acceptable for
recording;
(f)
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 parks not specifically reserved by him. Although such tender may
be irrevocable, approval of the plan by the Planning Board shall not constitute
an acceptance by the Town of the dedication or gift of any street, highway
or park or other open public areas. A dedication gift of any such improvements
may only be accepted by resolution of the Town Board; and
(g)
Location and widths of all proposed driveway intersections
with streets and sight distances therefrom. Suitable means of access must
be shown for each lot unless such lot is to be annexed to an existing parcel.
Subsequent driveway locations shall be completed in such a manner as to comply
with sight distance standards as promulgated by AASHTO and/or ITE.
A.
Resubdivision of existing filed plats that would create
more than one additional lot shall be required to comply with all the applicable
Town subdivision regulations and procedures.
B.
Resubdivision of existing filed plats that would only
create one additional lot shall comply with the minor subdivision procedures.
A.
Any applicant wishing to create a minor subdivision must
submit sufficient information to the Code Enforcement Officer to allow the
Code Enforcement Officer to review the same for compliance with this section.
This shall include a plat map sealed by a licensed surveyor reflecting both
existing and proposed parcel boundaries, wells for potable water, and septic
system locations, if any.
B.
The Code Enforcement Officer may approve minor subdivisions
by issuance of a letter to the Planning Board Chairman stating that the revised
parcels comply with all applicable New York State Department of Health regulations
pertaining to well and septic system distances from parcel boundaries. In
the event that the Code Enforcement Officer does not approve the minor subdivision,
it must be submitted to the Town of Manchester Planning Board for approval.
C.
The Planning Board shall follow the regulations and procedures
of this chapter and shall have the option to waive procedures at its discretion.
D.
The Planning Board and Code Enforcement Officer shall
have the option to consult with the Town attorney and Town Engineer. Reasonable
fees incurred shall be charged back to the applicant.
E.
Minor subdivisions shall not create nonconforming lots.
F.
Minor subdivision maps shall be signed by the Planning
Board Chairman and in the event that the approved survey map and the respective
deeds are not filed within 60 days of the date upon which they are approved,
the altered or minor subdivision plat shall become null and void as though
it had never been approved.
