A.
Whenever any subdivision of land is proposed to be
made and before any lease of the subdivision or sale or transfer of
title of such subdivision or any part thereof is made and before any
permit for erection of a structure shall be granted, the subdivider
shall apply, in writing, to the Board for approval of such subdivision
as set forth in this chapter. No subdivider may lease, sell or transfer
title to any subdivision of land unless said subdivider first obtains
subdivision approval or a waiver of subdivision approval as provided
in this chapter.
B.
Approval procedure.
[Amended 3-6-1997 by L.L. No. 2-1997; 5-20-1999 by L.L. No.
2-1999]
(1)
Informational meeting application procedure.
(a)
The subdivider, upon concept application, shall
submit proof of ownership of the land he/she/it proposes to subdivide.
If the subdivider is not the record owner of the proposed subdivision
of land, his/her/its application must include an affidavit from the
record owner giving him/her/its consent to apply for subdivision approval.
Due to the detailed nature of the information for consideration of
a preliminary plat and the cost for information required for concept
application, the subdivider may schedule an informational meeting
conference to discuss informally his/her/its project with the Board
in order to help determine the feasibility of the proposed subdivider's
layout and various requirements that may be required. If the subdivider
desires an informational meeting, he/she/it shall submit an informational
meeting application, in writing, to the Board and such application
shall be made to the Chairman of the Board on forms supplied by the
Board, and such application must contain a statement setting forth:
(b)
Accompanying and as part of the information
meeting application, the subdivider shall provide:
(2)
Concept application procedure.
(a)
The subdivider, upon concept application, shall
submit proof of ownership of the land he/she/it proposes to subdivide.
If the subdivider is not the record owner of the proposed subdivision
of land, his/her/its application must include an affidavit from the
record owner giving him/her/its consent to apply for subdivision approval.
Due to the detailed nature of the information required for the consideration
of a preliminary plat, the subdivider may schedule a concept plan
conference to discuss his/her/its project with the Board in order
to help determine the feasibility of its concept and various requirements
that may be required. If the subdivider desires a concept plat plan
conference, he/she/it shall submit a concept application, in writing,
to the Board, and such application shall be made to the Chairman of
the Board on forms supplied by the Board, and such application must
contain a statement setting forth:
(b)
Accompanying and as part of the concept plan
application, the subdivider shall provide:
[1]
Conceptual proposed layout of the subdivision.
[2]
Topographic map.
[3]
Preliminary soil tests.
[4]
If the subdivider is not the record owner of
the proposed subdivision of land, his/her/its application must include
an affidavit from the record owner giving him/her/its consent to apply
for concept approval.
(3)
Preparing preliminary plat plan application.
(a)
The preliminary plat plan application for preliminary plat plan approval shall conform to the specifications required in § 151-9 (if a nonresidential subdivision), § 151-10 (if a residential subdivision) and § 151-11 (if a residential or nonresidential subdivision) of this chapter and shall be made to the Chairman of the Board on forms supplied by the Board. The application must contain a statement setting forth:
(b)
Accompanying and as part of the preliminary
plat plan application, the subdivider shall provide:
[2]
Twelve copies of the topographic map at a scale
of not more than 50 feet to the inch.
[4]
Proposed street profile at appropriate scales.
[5]
If the subdivider is not the record owner of
the proposed subdivision of lands, his/her/its application must include
an affidavit from the record owner giving him/her/its consent to apply
for preliminary plat plan approval.
[Amended 12-18-2003 by L.L. No. 6-2003]
(4)
Submission of preliminary plat plan application to the Board. The Board shall then study the preliminary plat plan application and all submissions, the preliminary layout and proposed street profiles in connection with the topography of the area, soil test results, the existing requirements of Chapter 180, Zoning, the Comprehensive Plan of the Town, the State Environmental Quality Review Act (SEQRA)[1] and regulations, the Official Map and any other appropriate
and applicable Town, Wayne County, State of New York and federal laws,
ordinances, rules and regulations. The Board shall take into consideration
the general requirements of the community and the best interest of
the land to be subdivided. All procedures relating to the application
process shall in all respects be in full compliance with the provisions
of §§ 276, 277 and 279 (as may be amended) of the Town
Law of the State of New York (except where inconsistent with this
chapter) and the State Environmental Quality Review Act (SEQRA) and
regulations. Particular attention shall be given to matters enumerated
in § 277 of the Town Law (as may be amended), as well as
to specific requirements for parks, playgrounds, school sites, boulevards
and main thoroughfares, the adequacy of street connections and the
suitability of the land for the type of development permitted within
the zoning district, as well as the impact on adjoining lands and
neighborhoods.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation
Law.
(5)
Placement of the preliminary plat plan application
on the Board agenda. During the review and approval process, the subdivider
may request, in writing, that the application be added to the agenda
of a regularly scheduled Board meeting and the application shall be
so added, provided the request is submitted at least 21 days prior
to a regularly scheduled Board meeting.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
Public hearing on preliminary plat plan application.
Within 62 days after the receipt of a completed application for preliminary
plat approval, the Board shall hold a public hearing. The public hearing
shall be advertised at least once in the official Town newspaper at
least five days before such hearing. Concurrently with the receipt
of the preliminary plat by the Clerk of the Board, such plat will
be referred to all other public agencies as may be required by federal,
state, county or Town laws, ordinances, rules or regulations. Within
62 days after the date of such hearing, the Board shall approve, with
or without modification, or disapprove such preliminary plat, and
the grounds of a modification, if any, or the grounds for disapproval
shall be stated upon the records of the Board. The time in which the
Board must take action on such plat may be extended by mutual consent
of the applicant and the Board. When so approving a plat, the Board
shall state, in writing, modifications, if any, as it deems necessary
for submission in final form. If the Board fails to act on a preliminary
plat within the time prescribed, such plat shall be deemed granted
preliminary approval.
(7)
Final plat plan approval procedure. Within six months of the approval of the preliminary plat, the applicant must submit the final plat plan application on forms supplied by the Board and the final plat. If such application and plat plan are not so submitted, approval of the preliminary plat may be revoked by the Board; however, the Board may extend the time in which the applicant must submit the final plat plan application for nine additional periods of six months each, not to exceed a total of five years from the preliminary plat plan approval. (This final plat plan time approval parameter shall apply to any section of the subdivision not given final plat plan approval). Twelve copies of the final plat shall be submitted on Mylar sheets at scales as required by the Board. If the subdivision cannot be shown on one sheet, an additional drawing shall be submitted at an appropriate scale showing the entire subdivision. Within 62 days of final submission, the Board shall hold a public hearing, as outlined and following the procedure in § 151-5B(5) of this chapter, unless the Board deems the final plat to be in substantial agreement with the preliminary plat previously approved or modified, in which case the Board may waive the hearing requirement. The Board shall, by resolution, conditionally approve, with or without modifications, disapprove or grant final approval within 62 days of the final plat being received by the Clerk of the Board if no such hearing is held or, in the event such hearing is held, within 62 days after the hearing. The approval time may be extended by mutual consent of the applicant and the Board. In the event that the Board does not take action within the time limits mentioned above, the plat shall be deemed approved. Upon final approval, the Board, by resolution, shall authorize the Board Chairman or other Board member to sign the final plat or, upon conditional approval, with or without modifications, the Board, by resolution, shall authorize the Chairman or other Board member to sign the final plat, subject to completion of such requirements as may be stated in the resolution. Upon completion of all requirements of the conditional approval, the Chairman of the Board or other duly authorized member shall sign the plat certifying the completion of the requirements. Prior to granting conditional or final approval of a plat, the Board may permit the plat to be subdivided into two or more sections and may state such requirements as it deems necessary to ensure that the orderly development of the plat is completed before such sections may be signed by the Board Chairman or other authorized Board member. The Board may set forth a sequence pertaining to which of those sections may be developed first in order to ensure that development will have the least impact on drainage, sewage and transportation systems capacity. Conditional or final approval of the sections of a final plat, subject to any conditions imposed by the Board, shall be granted concurrently with the conditional or final approval of the plat. Final approval shall be deemed conditional until the subdivider has complied with the following requirements:
[Amended 3-20-2003 by L.L. No. 1-2003]
(a)
The subdivider shall submit performance security to the Town approved by the Town Board as set forth in § 151-7 of this chapter.
(b)
The subdivider tenders formal offers of cession
to the Town, in a form satisfactory to the attorney for the Town,
of any interest in facilities and improvements to be constructed,
not specifically reserved by the subdivider, including but not limited
to utilities, roads, highways, parks and open spaces. The subdivider
shall present to the Town a release, if at that time obtainable, of
any obligation being an encumbrance or lien on the interest in the
facilities and improvements offered to the Town. Approval of the final
plat by the Board shall not constitute an acceptance by the Town of
the dedication of the facilities and the improvements.
(c)
At the time the subdivider tenders formal offers of cession to the Town as required in Subsection B(7)(b), a cost estimate for those facilities to be dedicated shall be prepared and certified by the developer's professional engineer or land surveyor (if authorized by state law) and shall accompany the offer of cession. The cost estimate to be presented shall be in the form set forth in Appendix D following this chapter.[2]
[2]
Editor's Note: Appendix D is included at the end of this chapter.
(d)
The subdivider shall effect the creation or
extension of all improvement districts required by the Board.
(8)
Conditional approval of a final plat shall expire
180 days after the date of the resolution granting conditional approval
unless such conditions have been certified as completed. Notwithstanding
the foregoing provisions, the Board may extend the time in which the
conditions may be satisfied for up to two additional periods of 90
days each. Once the conditions have been met, the conditionally approved
plat may then be submitted in final form for signature.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(9)
No construction of any sort, site improvements or
building permit for any permanent building within this subdivision
shall be issued by the Town until after the record sheet of the subdivision
plat has been approved by the Board and has been filed in the office
of the Wayne County Clerk.
(10)
Effect of final plat plan approval as to residential subdivisions. Plat plan approval of a residential subdivision shall in effect be construed, in addition to plat plan approval, as site plan approval of the individual lots within the subdivision, as if site plan approval had been applied for and approved as set forth in § 151-17, provided that the approval is in compliance with all the requirements and principles set forth in § 151-10.
[Added 4-5-2001 by L.L. No. 2-2001]
A.
The Board, at its sole discretion, may waive normal
subdivision procedure and subdivision approval as set forth in this
chapter, provided that the Board finds:
(1)
The proposed subdivision will result in two lots,
parcels, plots or sites, including the original lot to be subdivided,
and the original lot has not been previously subdivided within a period
of five years preceding the current subdivision.
[Amended 5-6-2010 by L.L.
No. 4-2010]
(2)
The proposed subdivision will not result in either of the two lots, parcels, plots or sites, by reason of the subdivision, being in violation of Chapter 180, Zoning.
(3)
The proposed subdivision will not, in any possible situation, result in any lot, parcel, plot or site contiguous to the subdivided property being in violation of Chapter 180, Zoning, or Town Construction Specifications and Design Standards.[1] The Board, in its consideration of this criteria, may
assume that each of the subdivided lots, parcels, plots or sites:
B.
A subdivider desiring to obtain a waiver of normal subdivision procedure and subdivision approval as set forth in this chapter shall make application to the Board on a form satisfactory to the Board and request, in writing, that the application be added to the agenda of a regularly scheduled Board meeting as provided in § 151-17A of this chapter.
A.
The subdivider shall submit performance security to
the Town Board in an amount equal to the cost estimate as provided
by the Board upon recommendation of the engineer for the Town. Performance
security shall be in the form of an irrevocable letter of credit or
certified check payable to the Town of Walworth or any other form
of security, within the sole discretion of the Town Board, acceptable
to the Town Board. If the form of performance security submitted is
a letter of credit, the terms and conditions of the letter of credit
must be reviewed by the Town Board and approved before the letter
of credit can be deemed an acceptable performance security. The performance
security submitted to the Town and approved as provided herein shall
run for a term to be fixed by the Town Board, but in no event more
than three years, unless extended by the Town Board with the consent
of the parties thereto. The performance security shall be released
by the Town Board within 30 days of certification by the engineer
for the Town that:
(1)
Facilities and improvements have been completed substantially
in accordance with the approved final plat and construction specifications
all in compliance with the Town Construction Specifications and Design
Standards;[1] and
(2)
A labor payment, material payment, operation and maintenance
security, in an amount equal to 10% of the performance security, in
the form of an irrevocable letter of credit, reviewed and approved
as to its terms and conditions by the Town Board, or certified check
or any other form of labor payment, material payment, operation and
maintenance security, within the sole discretion of the Town Board,
acceptable to the Town Board, has been delivered to the Town.
B.
Partial release of the performance security, if in
the form of a letter of credit or certified check deposited in a Town
bank account, not to exceed 90% of the value of the completed facilities,
may at any time be made by the Town Board upon the certification of
the engineer for the Town that the completed facilities and improvements
have been substantially completed in accordance with the approved
final plat and construction specifications all in compliance with
the Town Construction Specifications and Design Standards.
C.
In the event that the labor payment, material payment,
operation and maintenance security is not submitted to the Town Board
within 30 days of such certification by the engineer for the Town
(that all the facilities and improvements have been completed as set
forth herein) and the performance security is in the form of a letter
of credit or certified check which has been deposited in a Town bank
account, then the Town Board may withdraw from the performance security
moneys equivalent to 10% of the total performance security and hold
the same as a labor payment, material payment, operations and maintenance
security for a period of one year from the date of dedication of the
improvements to the Town, and the money shall be used by the Town
in case any claims are made against the Town for labor performed,
materials supplied by the subdivider or his or her agents or the maintenance
of the facilities and improvements to effect their conformance with
Construction Specifications and Design Standards of the Town. In the
event that labor payment, material payment, operation and maintenance
security is obtained by withdrawing funds from the performance security,
any moneys left in the performance security shall be returned to the
subdivider.
If the Board requires the subdivider to create
or extend an improvement district, the Board, if it approves the final
plat plan, shall conditionally approve the final plat and impose as
a condition the creation or extension of the required improvement
districts. Upon the Board conditionally approving the final plat,
the subdivider shall then seek the creation or extension of the required
districts by the Town Board or, alternatively, the subdivider, upon
preliminary plat plan approval, may seek the creation or extension
of required districts by the Town Board, provided that, upon the approval
of the creation or extension of the required district or districts,
the Town Board resolution shall require the subdivider to execute
such contracts with the Town as the Town Board may deem necessary
for the purpose of ensuring that the expense of such construction
or installation is of no cost to the Town, including the filing of
performance security. All pipes, mains and conduits in any improvement
district or extension of an improvement district shall be constructed
to the furthest extremity of the property to be developed, except
in the event that the Town Board finds the waiver of this requirement
is not contrary to the best interest of the Town, then, in that event,
the Town Board may so waive the requirement.
A.
The subdivider shall observe the following general
requirements and principles of nonresidential subdivision of land:
(1)
Subdivision shall be in conformance with all local
laws, ordinances, rules and regulations, except as provided for elsewhere
by the Town Law or this chapter, and shall be properly related to
the Town's Comprehensive Plan, as it is being used for guidance by
the Board. Natural and historic features should be preserved. Insofar
as possible, all existing features of the landscape, such as large
trees, unusual glacial formations, watercourses and floodcourses,
historic sites and other such irreplaceable assets, shall be preserved.
(2)
Street design in the subdivision shall provide for
the continuation of the principal streets in adjoining subdivisions
or for their proper projection when adjoining property is not subdivided.
Street right-of-way width, deflections, curvature and layout shall
be subject to approval by the engineer for the Town and the Board.
(4)
Each block shall be planned to provide two rows of
lots. Other lot arrangements may be accepted by the Board if such
arrangements do not hinder future maintenance or other developments.
(5)
All lots shall be of sufficient size to accommodate
anticipated buildings in accordance with zoning setback requirements.
(6)
Vertical alignment (grades) of streets shall conform,
in general, to the existing terrain, but consideration will be given
to minimum and maximum grades for drainage, safety, traffic and other
factors.
(7)
Fire lanes of adequate width and off-street parking/loading
areas shall be provided on all lots.
(8)
Lots shall be arranged and graded so that drainage
areas will remain along lot lines.
(9)
All development planned for flood-prone areas, as
determined by flood maps and local experience, shall comply with all
applicable federal, state and Town laws, rules and regulations.
(10)
The developer must demonstrate that the Town's
sanitary sewer capacity and water supply capacity are adequate to
support the subdivision and that the Town's drainage and traffic flow
will not be adversely affected by the development.
(11)
In the case of a subdivision into larger parcels
or sections or larger than ordinary building lots, such parcels shall
be arranged so as to allow for future streets and logical future subdivision.
(12)
On subdivision lots fronting existing streets,
access roads may be required to limit access onto the existing street
to one or more points. The lot depth may be increased to include this
additional area.
(13)
All utilities installed in commercial/industrial
subdivisions shall be placed underground.
(14)
The Board may require the installation of sidewalks,
open areas, parking areas, drainage/flooding areas, buffer zones for
noise or visual control, street trees, lot trees, streetlighting or
other improvements to assure safe, orderly and sound development which
will not adversely affect existing or future neighboring developments.
(15)
In the case of a subdivision of land in sections,
the Board shall review and approve the preliminary plat for the entire
subdivision before granting any one section final approval.
B.
Variations of the general requirements above outlined
may be established by the Board when, in the interest of public health,
safety and welfare, such variation is warranted.
A.
The subdivider shall observe the following general
requirements and principles of residential subdivision of land:
(1)
Subdivisions shall be in conformance with all local
laws and ordinances, except as provided for elsewhere by the Town
Law or this chapter, and shall be properly related to the Town's Comprehensive
Plan, as it is being used for guidance by the Board. Natural and historic
features should be preserved. Insofar as possible, all existing features
of the landscape, such as large trees, unusual glacial formations,
watercourses and floodcourses, historic sites and other such irreplaceable
assets, shall be preserved.
(2)
Street design in the subdivision shall provide for
the continuation of the principal streets in adjoining subdivisions
or for their proper projection when adjoining property is not subdivided.
Street details are to comply with Town Construction Specifications
and Design Standards.[1]
(3)
Each block shall be planned to provide two or more
rows of lots. Other lot arrangements may be accepted by the Board
if such arrangements do not hinder future maintenance or other developments.
(5)
Vertical alignment (grades) of streets shall conform,
in general, to the existing terrain, but consideration will be given
to minimum and maximum grades for drainage, safety, traffic and other
factors.
(6)
All development planned for flood-prone areas, as
determined by flood maps and local experience, shall comply with all
applicable federal, state and Town laws, ordinances, rules and regulations.
(7)
The developer must demonstrate that the Town's sanitary
sewer capacity and water supply capacity are adequate to support the
subdivision and that the Town's drainage and traffic flow will not
be adversely affected by the development.
(8)
In the case of subdivision of land into sections,
the Board shall review and approve the preliminary plat for the entire
subdivision before granting any one section final approval.
(9)
On subdivision lots fronting existing streets, access
roads may be required to limit access onto the existing street to
one or more points. The lot depth may be increased to include this
additional area.
(10)
All utilities installed in residential subdivisions
shall be placed underground.
(11)
The Board may require the installation of sidewalks,
open areas, parking areas, drainage/flooding areas, buffer zones for
noise or visual control, street trees, lot trees, streetlighting or
other improvements to assure safe, orderly and sound development which
will not adversely affect existing or future neighboring developments.
B.
Variations of the general requirements above outlined
may be established by the Board when, in the interest of public health,
safety and welfare, special factors warrant such variations or the
land being subdivided is intended to be used for farm purposes or
where a nonfarm structure or structures are to be built on the premises.
If variations of the general requirements are allowed on the grounds
that the land as subdivided is intended to be used for farm purposes
or where a nonfarm structure is proposed to be built on the premises
and, in the future, the owner of the subdivided land intends to develop
the lands or to build a nonfarm structure or structures on any of
the subdivided parcels, site plan approval shall be required before
a building permit may be issued.
[Amended 3-6-1997 by L.L. No. 2-1997; 4-5-2001 by L.L. No.
2-2001]
[Amended 6-16-2005 by L.L. No. 3-2005]
The preliminary plat shall be drawn on one or
more sheets of tracing material not more than 24 inches by 36 inches
in size and shall be clearly marked "PRELIMINARY PLAT." If more than
one sheet is required to show an entire tract at the above scale,
an additional plan showing the entire subdivision shall be submitted
at an appropriate scale. The preliminary plat shall be drawn at a
standard scale of not more than 50 feet to one inch and shall include
the information listed below, and the Board may require additional
submissions other than those listed below:
A.
The name of the proposed subdivision, Township, range
and great lot number in which it is located.
B.
The name and address of the record owner, subdivider
and designer of the preliminary plat.
C.
The location of property lines, existing easements,
buildings, structures, watercourses, woodlands, wetlands, floodplains,
floodways and other essential features and environmentally sensitive
areas.
D.
North point, graphic scale, date and general location
map.
E.
The names of all adjacent subdivisions, the names
of owners of adjacent acreage and the location of adjacent structures,
wells, sewage disposal systems and wetlands within a one-hundred-foot
radius of the proposed subdivision.
F.
The location of all existing sewers, water mains,
culverts and drains on the property to be subdivided or on streets
which border the property.
G.
The locations, names and widths of existing and proposed
streets, highways, easements, building lines, parks and other public
open spaces and similar facts regarding adjacent property.
H.
Ground contours for the property and adjacent property
at intervals of not more than five feet of elevation.
I.
The proposed source of water supply and the method
of sewage disposal, including a conceptual layout of each system,
whether necessary districts are formed or proposed to be performed,
and the lines, dimensions and purpose of all utility easements, including
properly placed fire hydrants. If on-site sanitary systems are to
be used, percolation test data shall be provided.
J.
The proposed facilities for collecting, retaining,
detaining and discharging surface water drainage, including preliminary
design of any bridges or culverts which may be required and the layout
and sizes of the storm sewer system. A separate report shall be submitted,
including calculations for runoff and pipe and channel sizing, which
will clearly indicate the basis of design and the intended method
of all stormwater disposal and flood hazard prevention and how all
runoff will be handled during grading and development operations and
erosion and sedimentation prevention measures. The design of stormwater
retention and detention and other facilities shall follow the criteria
set forth in the Town of Walworth's Construction Specifications and
Design Standards.[1]
K.
All site distances on all proposed accesses to existing
public highways and proposed roads within the subdivision.
L.
The approximate lines and gradients of proposed streets
and sidewalks, the names of proposed streets and a typical section
of the roadway pavement and sidewalk.
M.
A soils report outlining all soils and their classification,
also listing those areas, if any, with moderate to high susceptibility
to erosion. The report shall also describe the existing vegetation,
all as provided in the Town of Walworth's Construction Specifications
and Design Standards.
N.
A proposed preliminary grading plan of the site at
a contour interval of not more than five feet, showing locations of
cuts and fills.
O.
The approximate lines of proposed lots, the acreage
or square footage contained in each lot and individual lot numbering.
When appropriate, a typical lot layout with building and on-site sewage
system shall be provided.
P.
The approximate locations and dimensions of areas
proposed for neighborhood parks, playgrounds or other permanent open
space within the subdivision.
Q.
The location of all municipal boundary lines, existing
special districts and zoning district lines within or near the subdivision.
R.
Indications of any nonconforming lot and deed restrictions
or covenants as may apply to any or all portions of the subdivision.
S.
An environmental assessment form (EAF) shall be provided
and, if necessary, an environmental impact statement as may be required
by federal, state or Town laws, ordinances, rules and regulations.
T.
An indication of locations of buffer zone areas required
either during or after construction and the reason for buffer and/or
other proposed vegetation.
U.
The location, size and type of proposed lighting and
anticipated signs, if any.
V.
A deed description and map of survey of the tract
boundary, made and certified by a New York State licensed land surveyor.
W.
Where it is impossible to include any public utilities
and/or facilities within the public area so laid out, the preliminary
plat shall show the boundaries of proposed permanent easements, which
shall provide satisfactory access.
X.
Where the preliminary plat submitted covers only a
portion of the entire holding, a sketch of the prospective future
street system of the unsubmitted portion shall be furnished for review
by the Board in connection with the submitted portion.
Y.
Where the subdivision is near to a noise source, such
as an expressway, industrial area, etc., a noise study shall be submitted,
providing the necessary ambient noise readings and contours, in order
to determine mitigating measures to protect the subdivision from excess
noise levels.
Z.
Sanitary sewer and water capacity studies and drainage
and traffic flow studies shall be submitted upon request.
AA.
Stormwater
pollution prevention plan. A stormwater pollution prevention plan
(SWPPP) consistent with the requirements of Article 1 of Local Law
No. 3-2007[2] and § 180-44.1 of Chapter 180, Zoning, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 180-44.1 of Chapter 180, Zoning. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 147, Article I, Stormwater Management and Erosion and Sediment Control, § 180-44.1 of Chapter 180, Zoning, and this subsection.
[Added 9-20-2007 by L.L.
No. 3-2007]
[2]
Editor's Note: A complete copy of L.L. No. 3-2007 is on file
in the Town offices.
[Amended 5-20-1999 by L.L. No. 2-1999;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The final subdivision plat shall be drawn in
ink on Mylar or material equally acceptable for filing with the Wayne
County Clerk and shall give sufficient survey data to readily determine
the location, bearing and length of all lines shown thereon to permit
the reproduction of such fines upon the ground. The final plat shall
also be made in digital electronic form suitable for use in the Town's
Geographic Information System (GIS), and accompanying the final plat
in digital electronic form shall be a certification on a separate
sheet of paper setting forth that the digital electronic form of the
plat plan is the same as the hard copy of the plat plan produced and
approved by the Board (and any other governmental subdivisions, agencies
and persons required to execute the plat plan), and upon such submittal,
the engineer who prepared the digital electronic plan shall not be
liable for any erroneous changes to the electronic plan caused by
the Town, its employees, agents and/or contractors.
A.
Final plat construction sheet. These drawings shall
be one or more sheets of tracing material, not more than 24 inches
by 36 inches in size, and shall be drawn at a scale of no more than
50 feet to one inch. Where more than one sheet is required to show
the entire development, a key sheet shall be provided showing the
entire project. All data shown on the construction sheets shall be
in accordance with the requirements of the engineer for the Town and
the Construction Specifications and Design Standards.[1] The data shall include but shall not be limited to the
following information:
(2)
The lines of existing and proposed streets and sidewalks
immediately adjoining and within the subdivision.
(3)
The names of existing and proposed streets.
(4)
Typical profile and cross sections of proposed streets.
(5)
Profiles of proposed streets at suitable vertical
scale showing finished grades in relation to existing ground elevation.
(6)
The layout of proposed lots, including lot numbers.
(7)
The location and size of all existing and proposed
sewers (stormwater or sanitary), water mains and pipes on the property
or into which any connection is proposed.
(8)
Provisions for water supply, stormwater disposal and
sewage disposal and evidence that such provisions have received approval
of the Town, Wayne County or New York State departments or agencies,
if required.
(9)
Locations of survey monuments. Before acceptance of
the dedication of the highways, a certificate by a licensed land surveyor
must be filed certifying that the above monuments have been placed
where indicated on the map.
(10)
Plan and typical cross section of proposed sidewalks,
where required.
(11)
Development plan, including landscaping, for
any proposed neighborhood park or playground within the subdivision.
(12)
A planting plan for street trees, where required,
indicating the location, varieties and minimum size of trees to be
planted and of existing trees to be preserved as street trees.
(13)
All information necessary to demonstrate compliance
with Town Construction Specifications and Design Standards.
(14)
Certification by a professional engineer or
land surveyor as evidence of professional responsibility for the preparation
of the construction sheet.
B.
Final plat record sheet. The record sheet shall be
of a size acceptable to the Wayne County Clerk and drawn to a scale
of not more than 50 feet to one inch. Where more than one sheet is
required to show the entire development, an index map to scale showing
all sections shall be provided. The data shown shall include but shall
not be limited to the following information:
(2)
The existing tax account numbers assigned to the premises
within the subdivision and all tax account numbers of parcels of land
contiguous to the subdivision.
(3)
The boundaries of the subdivision, a legal description
of the entire parcel of property and information to show the location
of the subdivision in relation to surrounding property and streets,
including names of owners of adjacent land or names of adjacent subdivisions.
In whatever manner that is practical, the subdivision boundary shall
be referenced from two directions to establish United States Coast
and Geodetic Survey monuments or New York State Plane Coordinate monuments.
In the event that such monuments have been obliterated, the subdivision
boundary shall be referenced to the nearest highway intersections
or previously established monuments of subdivisions or public lands.
Any combination of types of reference points may be accepted which
would fulfill the requirement of exact measurements from the subdivision
boundary to reference points previously established for or by a public
agency.
(4)
The lines of existing and proposed streets and sidewalks
within the subdivision and their names and the lines of existing or
proposed streets and sidewalks on adjoining properties.
(5)
The lines and dimensions of proposed lots, which shall
be numbered. If a proposed lot contains one or more existing buildings,
the yard dimensions for such buildings shall be indicated. Existing
buildings outside the limits of the plat, but within 75 feet of any
proposed street or 25 feet of any proposed lot line, shall also be
shown.
(6)
The line and purposes of existing and proposed easements
immediately adjoining and within the subdivision.
(7)
The line, dimensions and areas in square feet of all
property that is proposed to be reserved by deed restriction or covenant
for the common use of the property owners of the subdivision or for
any other reason.
(8)
The location of monuments to be placed within the
subdivision.
(9)
The locations of existing and proposed water supply
lines, storm sewers and sanitary sewers within the subdivision.
(10)
The locations of any municipal and zoning boundary
lines within the subdivision.
(11)
Written statements as to:
(a)
The zoning of the subdivision property.
(b)
Compliance of the proposed lots with zoning
requirements. If any lots do not comply but are covered by zoning
variances, the statement should include reference to such variance
or, if variances are needed, such should be stated along with the
nature of the variance(s) and location(s).
(12)
Seal and certification by a licensed professional
engineer or a licensed land surveyor as evidence of professional responsibility
for the preparation of the record sheet and a place for the map designation
number where filed.
(13)
Offers of dedication to the Town of any open
space, recreation, road or other improvement and the facilities to
be retained by the subdivider, including the method of maintenance
and improvement thereof. Such offers shall be received and approved
by the attorney for the Town as to their legal sufficiency.
C.
Filing requirements. To facilitate the filing of the
subdivision or resubdivision maps with the County of Wayne, the following
are required:
(1)
If there are any new streets, the form application
for approval of plat shall be submitted.
(2)
A tax search shall be made as required by the Wayne
County Treasurer's Office.
(3)
The required number of prints of the map as specified
by the county.
(4)
The filing fee, payable to the Wayne County Clerk.
(5)
A statement that all other necessary federal, state
and county departments and/or agencies have been contacted and required
approvals obtained.
D.
Final plat drainage report. When requested by the
engineer for the Town, this report shall expand upon the report submitted
at the preliminary plan stage and shall present plans and supporting
data for stormwater control drainage provisions within the subdivision,
including:
(1)
Plan, profiles and typical and special cross sections
of proposed stormwater drainage facilities.
(2)
Supporting final design data and copies of computations
used as a basis for the design capacities and performance of the drainage
facilities.
(3)
Subdivision grading plan development to suitable contour
interval with grading details to indicate proposed street grades and
building site grades and elevation through the subdivision. The contour
interval of the grading plan shall be one, two or five feet (vertical),
the selection to be determined by the engineer for the Town.
(4)
Erosion report, if required.
(5)
If the subdivision is within or adjacent to the one-hundred-year-frequency
floodplain of any body of water, a detailed analysis of the area with
respect to a floodplain management land use will be included in the
subdivision plat drainage report.
E.
Final plat traffic report. When requested by the engineer
for the Town, this report shall expand upon the report submitted at
the preliminary plan stage and shall present plans and supporting
data for traffic control within the subdivision, including:
(1)
Study of existing traffic flow patterns.
(2)
Evaluation of project-generated traffic (quantity,
rate and pattern).
(3)
Evaluation of impact of project-generated traffic
on existing traffic and facilities.
(4)
Recommendations for measures and/or for facilities
to provide proper and adequate traffic situation after project completion.
(5)
An in-depth study as may be required by the Board.
F.
Evaluation of impact on existing water and/or sanitary
sewer facilities. When requested by the engineer for the Town, this
report shall expand on the report submitted at the preliminary plan
stage and shall present plans and supporting data for evaluation of
the impact on existing water and/or sanitary sewer facilities within
the subdivision, including:
(1)
Plan, profiles and typical and special cross sections
of proposed stormwater drainage facilities.
(2)
Supporting final design data and copies of computations
used as a basis for the design capacities and performance of the drainage
facilities.
(3)
Subdivision grading plan development to suitable contour
interval with grading details to indicate proposed street grades and
building site grades and elevation through the subdivision. The contour
interval of the grading plan shall be one, two or five feet (vertical),
the selection to be determined by the engineer for the Town.
G.
Stormwater
pollution prevention plan. A stormwater pollution prevention plan
consistent with the requirements of Article 1 of Local Law No. 3-2007[2] and § 180-44.1 of Chapter 180, Zoning, 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 § 180-44.1 of Chapter 180, Zoning. The approved final subdivision plat shall be consistent with the provisions of Chapter 147, Article I, Stormwater Management and Erosion and Sediment Control, § 180-44.1 of Chapter 180, Zoning, and this subsection.
[Added 9-20-2007 by L.L.
No. 3-2007]
[2]
Editor's Note: A complete copy of L.L. No. 3-2007 is on file
in the Town offices.
