Whenever any subdivision of land is to be made and before any offer to sell any lots in such subdivision is made and before any permit for the erection of a structure in such subdivision shall be granted, the subdivider or his duly authorized agent shall apply, in writing, for approval, in accordance with the following procedures. The Board may require, when it deems necessary for the protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements for major subdivisions.
A.
A land partition is a one-time exemption for a residential split that, by definition, has little or no impact on the lands to be subdivided or on adjacent properties or the town at large. As such, it does not require review by the Planning Board.
B.
The Code Enforcement Officer shall make the determination as to whether a land subdivision qualifies as a land partition based on the definition contained in this chapter. To make this determination, he/she will need the information listed as required for a sketch plan review procedure, as stated in § 178-10 of this Article.
C.
If a subdivision meets the criteria set forth in the definition of a land partition as stated in this chapter, said subdivision will receive a statement to that effect from the Code Enforcement Officer. This statement shall be filed with the plat in the office of the County Clerk.
A.
Statement of policy. Prior to a subdivision of land, the subdivider may submit to the Clerk of the Planning Board, at least 10 days prior to a meeting of the Board, three copies of a sketch plan of the proposed subdivision, as herein described, for the purpose of preliminary discussion. Informal in nature, a sketch plan is intended as a preview of a proposed project. No formal engineering work need be done prior to submission of a sketch plan.
B.
Sketch plan submittal. Using a tax map or some similarly accurate map, at a scale to enable the entire ownership of the subdivider to be shown on one sheet, the following information (where applicable) is needed to give the Board a clear understanding of the proposal:
(1)
The tax map sheet, block and lot numbers of the involved property.
(2)
The name(s) of the owner(s) of the property to be subdivided.
(3)
The location of that portion of the subdivider's ownership which is to be subdivided, as it relates to the whole piece of property and to neighboring lands, existing roads and utilities.
(4)
The general position of all existing structures, wooded areas and both permanent and intermittent watercourses located within the portion to be subdivided and at least 200 feet therefrom.
(5)
The layout of all proposed lots, roads, utilities, recreation and open spaces to be included in the new subdivision.
(6)
The topography of the site at ten-foot intervals or less, taken from a United States Geological Survey map or source of comparable accuracy.
(7)
A drainage plan and proposed runoff control measures.
(8)
The landscape plan.
C.
Discussion of requirements and classification. After submission of the sketch plan, the subdivider shall meet with the Planning Board during a regular meeting to discuss the requirements of these regulations, including those related to street design and construction, placement of utilities, drainage, sewerage, water supply, fire protection, parks and open space areas. Consideration will also be given to the availability of existing services and other pertinent information. After review, the project will be classified as either a minor or a major subdivision. The applicant will be informed as to the review procedure to be followed and the time frames to be expected.
D.
Planning Board recommendations. The Planning Board shall study the sketch plan in conjunction with the individual and composite resource limitations map to determine if the proposed subdivision is in an area where there are severe limitations to development. The Planning Board shall make advisory recommendations to the subdivider as to feasibility of the project and what further information will be needed for plat review.
Whereas, pursuant to § 278 of the Town Law, the Planning Board has been empowered by the Town Board to modify the minimum lot area and minimum lot width requirements of Chapter 211, Zoning, in accordance with the provisions of said section and those contained herein, the following shall be the standards and procedures:
A.
Purpose. The purpose of the cluster provision is to enable and encourage flexibility of design and development of the land in such a manner as to promote the most appropriate use of the land, to facilitate the adequate and economical provision of streets and utilities and to promote its most environmentally sensitive use by preserving the natural and scenic qualities of open land.
B.
Objectives. To achieve the purpose of this section, a cluster design shall meet the following objectives:
(1)
A development pattern which preserves outstanding natural topography and geologic features, scenic vistas and trees and prevents the disruption of natural drainage patterns.
(2)
An efficient use of land resulting in a smaller network of utilities and streets.
(3)
A development pattern in harmony with the land use intensity, transportation facilities and community facilities.
C.
Standards.
(1)
The application of this procedure shall not result in a permitted number of building plots or dwelling units which exceed the number which could be permitted if the lands were subdivided into lots conforming to the minimum lot size and density requirements of the district in which such land is situated and conforming to all other applicable requirements. If the subdivision falls within two or more districts with differing density requirements, the Board may approve in any one district a cluster development representing the cumulative density as derived from the summing of all units in such districts. The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands, as provided in Chapter 211, Zoning.
(2)
The minimum acreage to which this section may be applicable shall be three times the minimum lot area required for the zoning district involved.
(3)
To prevent any possibility of nutrient pollution and to protect the visual character, there shall be no cluster development that results in an increase of density within 500 feet of the shorelines of Warrensburg.
(4)
In the event that the application of this section results in a plat showing lands available for park, recreation, open space or other municipal purposes, the Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes.
D.
Procedures. A cluster development may come as a result of a request by the Planning Board or by a request of the subdivider as follows:
(1)
Request by Planning Board. By request of the Planning Board, a cluster design alternative may be required if the characteristics of the site include any of the following:
(a)
Slopes greater than 15% occupy over 50% of the site.
(b)
Slopes greater than 25% occupy over 25% of the site.
(c)
Wetlands occupy over 25% of the site or where streams are crossed by the development of the site.
(d)
Soils with a percolation rate of less than 0.05 inches or greater than six inches per hour occupy over 25% of the site.
(e)
Soils with depth to bedrock at 18 inches or less occupy over 25% of the site.
(f)
Soils with depth to seasonal high-water table of 40 inches or less occupy over 25% of the site.
(g)
A significant wildlife or plant habitat exists on the site or may be impacted by the development of the site.
(h)
Sites are adjacent to or include buildings, structures or areas of historic significance.
(2)
Request by subdivider. A subdivider may request the use of this section simultaneously with or subsequent to the submission of the sketch plan, as described in this section. Any such request subsequent to preliminary approval of a plat shall require resubmission of the sketch plan.
(3)
Alternate sketch plan. The Planning Board may request that a subdivider present, along with a proposal utilizing the provisions of this section, an alternate sketch plan, with lots meeting the minimum lot area, minimum lot width and minimum shoreline lot width requirements of Chapter 211, Zoning.
(4)
Plat submission. Upon determination by the Planning Board that the sketch plan utilizing the provisions of this section is suitable, the procedures attendant to and subsequent to the sketch plan submission, as set forth in this Article, shall be followed in regular order.
A.
The review of a minor subdivision is a procedure that includes the submission of a plat for review, a public hearing and decision by the Board. The review of a major subdivision is a procedure that includes the submission of both a preliminary plat and a final plat. A public hearing will be held after the initial review of the preliminary plat by the Board. A second hearing will be held after the submission of the final plat if there are substantial changes made to the preliminary design.
B.
The following are the procedures for all subdivisions:
(1)
Application and fee.
(a)
Unless otherwise agreed by the Planning Board and the subdivider, the subdivider shall submit an application for a subdivision plat approval to the Clerk of the Planning Board within six months after discussion of the subdivision shown by the sketch plan. Failure to do so within such time period may require resubmission of the sketch plan to the Planning Board.
(b)
In order to be considered at a Planning Board meeting, the application must be submitted at least 10 days prior to the regular Planning Board meeting.
C.
Date of official submission.
(1)
The date of the submission on the subdivision plat shall be considered to be the date on which the Board holds its next regular meeting following the submission of plat and payment of required fee, at which a formal motion of acceptance of a complete application is made and accepted.
(2)
If the Planning Board takes no formal motion of acceptance or rejection of a completed application at the next regular meeting following the submission of plat and payment of required fee, the application shall be deemed complete by default.
(3)
Upon request, following such meeting, a certificate of the Town Clerk shall be issued to the subdivider certifying the official date of submittal.
D.
Number of copies. The number of copies shall be as follows:
E.
Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Board to discuss the subdivision plat.
F.
Study of plat. The Board shall study the plat, taking into consideration the provisions of these regulations. Particular attention shall be given to the arrangement, location and design of lots and streets and their relationship to the topography, water supply, sewage disposal, drainage, the placement of utilities, the future development of adjoining lands as yet unsubdivided and the requirements of the Comprehensive Plan and Chapter 211, Zoning. Specific standards and requirements are set forth in Article IV of this chapter.
G.
Action on plat; public hearing.
(1)
Within 62 days after the date of official submission of the plat, the Board shall hold a public hearing. Such hearing shall be advertised at least once in a newspaper of general circulation in the town at least five days prior to such hearing. The Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration.
(2)
Such public hearing shall be closed upon a motion of the Planning Board within 120 days after it has been opened.
(3)
A notice of public hearing shall be sent by the Clerk of the Board to all owners of property within 500 feet of the lands to be subdivided, as disclosed by the most recent municipal tax records. Applicant shall provide Clerk with properly addressed, stamped envelopes suitable for mailing notice of public hearing.
A.
The review of a minor subdivision is a procedure that includes the submission of a plat for review, a public hearing and decision by the Board.
B.
Application requirements. Application requirements shall be as follows:
(1)
The proposed subdivision name, name of the town and county in which it is located.
(2)
The date, North point, map scale, name and address of the record owner and subdivider.
(3)
The location of that part of the subdivider's ownership which is to be subdivided, as it relates to the entire tract, the neighboring parcels and to existing roads and utilities.
(4)
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by monuments and shall be referenced and shown on the plat.
(5)
The topographic contours at ten-foot intervals or less to show the slope of the property to be developed.
(6)
The drainage plan and proposed erosion control methods.
(7)
The location of watercourses, marshes, wetlands, rock outcrops, wooded areas and other prominent natural features. All on-site sanitation and water supply facilities shall be designed to meet the minimum specifications of the New York State Department of Health, and a note to this effect shall be stated on the plat signed by the licensed engineer.
(8)
A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
(9)
For the plat to be filed with the Warren County Clerk, a copy 22 inches by 26 inches in size clearly printed upon Mylar.
C.
In addition to the procedures set forth in § 178-12 above, an application for a minor subdivision shall also be reviewed in accordance with the following:
(1)
Time frame.
(a)
The time periods prescribed herein within which the Planning Board must take action on a plat are specifically intended to provide the Planning Board and the public adequate time for review and to minimize delays in the processing of subdivision applications. Such time periods may be extended only by mutual agreement of the subdivider and the Board and shall be entered upon the records of the Planning Board.
(b)
Within 62 days after the completion of the public hearing, the Board shall, by resolution, conditionally approve, disapprove or grant approval and authorize the signing of the Mylar of the plat. This time period may be extended by written agreement of the subdivider and the Board.
(2)
Grounds for decision. The grounds for a modification, if any, or the grounds for a disapproval shall be stated upon the records of the Planning Board.
(3)
Conditional approval of plat.
(a)
Within five business days of the adoption of the resolution granting conditional approval of the plat, such plat shall be certified by the Clerk of the Board as having been granted conditional approval, and a copy of such resolution and plat shall be filed in such Clerk's office. Such resolution shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. A copy of the resolution shall be mailed to the owner.
(b)
Upon granting conditional approval of the plat, the Board shall empower a duly designated officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution for conditional approval. Such conditional approval does not qualify a final plat for recording nor authorize 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.
(c)
Upon completion of such requirements, the plat shall be deemed to have received final approval, and the duly designated officer shall sign the plat.
(d)
Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval, unless the requirements have been certified as having been completed within that time. The Board may, however, extend the time within which a conditionally approved plat may be submitted for signature if, in its opinion, such an extension is warranted under the circumstances. The extension may be for one or two additional periods of 90 days each.
(4)
Final approval. Within five business days of the adoption of the resolution granting approval of the plat, such plat shall be certified by the Clerk of the Board as having been granted approval, and a copy of such resolution and plat shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.
(5)
Filing of decision on minor subdivision 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.
(6)
Signing of final plat.
(a)
The signature of the duly authorized officer of the Planning Board on the plat shall qualify the plat for filing at the County Clerk's office within 62 days of such signing.
(b)
The applicant shall supply one Mylar and two paper copies of the final plat for signature. One paper copy shall be retained by the Planning Department. The applicant shall file the Mylar with the office of the Warren County Clerk. The second paper copy serves as the applicant's copy.
(7)
Failure to act/default approval. In the event that the Board fails to act upon the plat within the time prescribed therefor, such plat shall be deemed granted approval. The certificate of the Clerk of the town as to the date of official submission and the failure of the Planning Board to take action within such prescribed time shall be issued to the subdivider on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
(8)
As-built plat. Prior to the issuance of a building permit, the subdivider shall submit an as-built drawing to the Code Enforcement Officer.
(9)
Inspection of construction.
(a)
The owner shall be responsible for notifying the town 48 hours prior to commencing any work. Such notification is required prior to each of the following phases of construction:
(b)
In addition, forty-eighty-hours notification will be required prior to resuming work if contractor is absent from the site for more than seven days.
A.
The review of a major subdivision is a procedure that includes the submission of both a preliminary plat and a final plat. A public hearing will be held after the initial review of the preliminary plat by the Board. A second hearing will be held after the submission of the final plat if there are substantial changes made to the preliminary design.
B.
Application requirements. The application for a major subdivision shall be accompanied by a fee,[1] as set forth from time to time by resolution of the Town Board, payable to the Town Clerk, and shall be on a form provided by the Clerk of the Board, accompanied by the following data:
[Amended 7-10-1996 by L.L. No. 1-1996]
(1)
The proposed subdivision name, name of town and county in which it is located, date, true North point, scale, name and address of record owner, subdivider and engineer or surveyor, including license and seal.
(2)
The location of lands to be subdivided in relation to existing roads and adjacent properties. If the application covers only a portion of the subdivider's entire holding, a map of the entire tract, drawn at a scale of not less than 400 feet to the inch, showing the platted area with its proposed streets and an indication of the probable future street system with its grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire tract, shall be submitted. The part of the subdivider's entire holdings shall be considered in light of the entire holdings.
(3)
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. Also, the proposed lot lines and approximate dimensions and area of each lot.
(4)
The location of existing property lines, easements, watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter of eight inches or more as measured three feet above the base of the trunk and other significant existing features for the proposed subdivision and adjacent property.
(5)
The location of existing water mains, sewers, culverts and drains on the property and giving access to it.
(6)
The topographic contours at intervals of 10 feet or less and an approximate grading plan if natural contours are to be changed more than two feet.
(7)
The width, location, grades and street profiles of all proposed roads.
(8)
The approximate location and size of all proposed waterlines, valves, hydrants, sewer lines and fire alarm boxes, as well as connections to existing lines or alternate means of water supply and sanitary sewage disposal.
(9)
A storm drainage plan indicating the approximate size and location of proposed lines and their profiles. Also, connections to existing lines or alternate means of disposal.
(10)
A preliminary design of any bridges or culverts which may be required.
(11)
Where topography is such as to make difficult the placement of any required utilities within the public area as laid out, the boundaries of the proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet in width and shall provide satisfactory access to a public space as shown on the map.
(12)
All parcels of land to be dedicated to public use and the conditions of such dedication.
(13)
A copy of such covenants and deed restrictions as are intended to cover all or part of the tract.
[1]
Editor's Note: A fee schedule is on file at the office of the Town Clerk.
C.
In addition to the procedures set forth in § 178-12 above, an application for a major subdivision shall also be reviewed in accordance with the following:
(1)
Preliminary plat review. Approval of a preliminary plat is the approval of the layout of a proposed subdivision, but subject to the approval of the plat in final form.
(a)
Time of action. The time periods prescribed herein within which the Planning Board must take action on a plat are specifically intended to provide the Planning Board and the public adequate time for review and to minimize delays in the processing of subdivision applications. Such time periods may be extended only by mutual agreement of the subdivider and the Board and shall be entered upon the records of the Planning Board. Within 62 days after the completion of the public hearing, the Board shall, by resolution, approve, with or without modification, or disapprove the preliminary plat.
(b)
Terms of approval.
[1]
When granting approval to a preliminary plat, the Board shall state the terms of such approval, if any, with respect to:
[a]
The modifications to the preliminary plat.
[b]
The character and extent of any required improvements for which waivers may have been requested and which, in its opinion, may be waived without jeopardy to the public health, safety and general welfare.
[c]
The amount of improvements or amount of all bonds therefor which it will require as a prerequisite to final approval.
[2]
The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records for the Planning Board.
(c)
Notice of approval. Within five days of the resolution granting preliminary approval, the plat shall be certified by the Clerk of the Board as granting preliminary approval. A copy shall be filed in the planning office, a certified copy mailed to the subdivider and a copy forwarded to the Town Clerk.
(d)
Failure to act/default approval.
[1]
In the event that the Board fails to act upon the preliminary plat within the time prescribed therefor, such preliminary plat shall be deemed granted preliminary approval. The certificate of the Clerk of the town as to the date of submission and the failure of the Planning Board to take action within such prescribed time shall be issued to the subdivider on demand and shall be sufficient in lieu of a written endorsement or other evidence of approval herein required.
[2]
Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat and as a guide to the preparation of the final subdivision plat.
(2)
Final plat for major subdivision. Unless otherwise agreed by the Board and the subdivider, the subdivider shall submit an application (as provided above) for major subdivision approval within six months after preliminary plat approval. Failure to do so may require resubmission of the preliminary plat to the Board.
(a)
Endorsement of state and county agencies. Included with the application for a final subdivision plat, the applicant shall provide evidence that any proposed water supply and sewage disposal facilities associated with the plat and requiring approval by the New York State Department of Health, New York State Department of Environmental Conservation or any other involved agency have received at least preliminary approvals. Other jurisdictional approvals shall also be provided.
(b)
Additional or second public hearing. Within 62 days of the date of official submission of the subdivision plat for approval, the Board may require a public hearing if said plat is substantially different from the preliminary plat (procedure is set forth above); provided, however, that when the Planning Board deems the final plat to be in substantial agreement with the preliminary plat and modified in accordance with requirements of such approval (if such preliminary plat was approved with modifications), the Board may waive the requirement for such public hearing.
(c)
Time frame. Within 62 days of official submission of a final subdivision plat, if no hearing is held or, in the event that a second hearing is held, not more than 62 days after the completion of such hearing, the Planning Board shall, by resolution, conditionally approve, disapprove or grant final approval and authorize the signing of the Mylar of the plat. This time period may be extended by written agreement of the subdivider and the Board.
(d)
Grounds for decision. The grounds for a modification, if any, or the grounds for a disapproval shall be stated upon the records of the Planning Board.
(e)
Conditional approval of the plat.
[1]
Within five business days of the adoption of the resolution granting conditional approval of a final plat, such plat shall be certified by the Clerk of the Board as having been granted conditional approval, and a copy of such resolution and plat shall be filed in such Clerk's office. Such resolution shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. A copy of the resolution shall be mailed to the owner.
[2]
Upon granting conditional approval of the plat, the Board shall empower a duly designated officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution for conditional approval. Such conditional approval does not qualify a final plat for recording, nor authorize 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.
[3]
Upon completion of such requirements, the plat shall be deemed to have received final approval, and the duly designated officer shall sign the plat.
[4]
Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval, unless the requirements have been certified as having been completed within that time. The Board may, however, extend the time within which a conditionally approved plat may be submitted for signature if, in its opinion, such an extension is warranted under the circumstances. The extension may be for one or two additional periods of 90 days each.
(f)
Final approval. Within five business days of the adoption of the resolution granting approval of the plat, such plat shall be certified by the Clerk of the Board as having been granted approval, and a copy of such resolution and plat shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.
(g)
Filing of decision on major subdivision 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.
(h)
Signing of final plat.
[1]
The signature of the duly authorized officer of the Planning Board on the final plat shall qualify the plat for filing at the County Clerk's office within 62 days of such signing.
[2]
The applicant shall supply one Mylar and two paper copies of the final plat for signature. One paper copy shall be retained by the Planning Department. The applicant shall file the Mylar with the office of the Warren County Clerk. The second paper copy serves as the applicant's copy.
(i)
As-built plat. Prior to the issuance of a building permit, the subdivider shall submit an as-built drawing to the Code Enforcement Officer.
(j)
Inspection of construction.
[1]
The owner shall be responsible for notifying the town 48 hours prior to commencing any work. Such notification is required prior to each of the following phases of construction:
[2]
In addition, 48 hours notification will be required prior to resuming work if contractor is absent from the site for more than seven days.
A.
A subdivision plat is eligible for filing with the Clerk of Warren County within 62 days of the date of either:
(1)
The signature of the duly designated officer of the Planning Board constituting final approval by the Board of a plat as herein provided; or
(2)
The approval by such Board of the development of a plat or plats already filed in the office of the Warren County Clerk if such plats are entirely or partially undeveloped; or
(3)
The certificate of the Town Clerk as to the date of official submission of the final plat and the failure of the Planning Board to take action within the time herein provided.
B.
The plat is void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and a duly designated officer thereof has signed the plat. Such changes may, however, be resubmitted to the Planning Board where written approval for the changes may be received.
C.
In the event that any such modified or revised subdivision plat is filed without complying with this requirement, such recording shall be null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
D.
Upon filing a plat for a cluster subdivision in the office of the County Clerk, a copy shall be filed with the Town Clerk, who shall make appropriate notations and references thereto in Chapter 211, Zoning, or the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file at the office of the Town Clerk.
A.
Public acceptance of streets. After a subdivision plat is approved and filed, the streets, highways and parks shown on such plat shall become a part of the Official Map of the town. However, such approval and filing shall not be deemed to constitute or be evidence of any acceptance by the town of any street, easement or other open space shown on such subdivision plat.
B.
Notation of no offering. The owner of the land or his agent who files the plat may add as part of the plat a notation, if he so desires, to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public. A plat not containing such notation by the owner or his agent shall be considered as having a continuing offer of dedication and said offer may be accepted by the Town Board at any time prior to revocation of said offer by the owner or his agent.
C.
Ownership and maintenance of recreation areas. When a park, playground or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the town of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.
A.
Construction of improvements as shown on the subdivision plat shall not be a condition for final approval. The stamp of approval of the Board shall contain the following legend: "Approval of this plat by the Planning Board does not entitle owners of lots hereon to building permits. Improvements servicing each lot must be completed and accepted before that lot qualifies for a building permit or appropriate bond or deposit must be posted with the town; it is suggested that a purchaser of any parcel shown hereon make inquiry to the Town Building Department as to the eligibility of that parcel for a building permit."
B.
Issuance of building permits.
(1)
As relates to this chapter, a permit for the erection of any building shall be issued where a street or highway giving access to such proposed structure has been duly placed on the Town of Warrensburg Official Map or Plan or if there be no official map or plan, unless such street or highway is an existing state, county or town highway or a street shown upon a plat approved by the Planning Board as approved or a street on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of such Planning Board and the grant to such Board of the power to approve plats.
(2)
Before such permit shall be issued, such street or highway shall have been suitably improved to the satisfaction of the Town Board or Planning Board as adequate in respect to the public health, safety and public welfare for the special circumstances of the particular street or highway.
(3)
For the purposes of this section, the word "access" shall mean that the plot on which such structure is proposed to be erected directly abuts on such street or highway and has sufficient frontage thereon to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles, and a frontage of 15 feet shall presumptively be sufficient for that purpose.
C.
Performance bonds.
(1)
Where the subdivider has constructed a roadway per the specifications hereof, except for the surfacing materials, the Town Board may accept the offer of dedication if the subdivider files with the Town Clerk a certified check or performance bond covering the cost of satisfactorily completing construction of subject road. Said certified check will be deposited by the town fiscal officer in an interest bearing account, or the subdivider shall file with the Town Clerk a performance bond to cover full cost of the required improvements.
(2)
Any such bond shall comply with the requirements of § 277 of the Town Law and shall be satisfactory to the Town Board and Town Highway Attorney as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.
D.
Offer of dedication.
(1)
Statement of policy and requirements.
(a)
Prior to being offered for dedication to the town, all streets shall be completely graded, all underground utilities shall have been installed in accordance with all provisions of this Article, base course of gravel shall have been placed, graded and completed and tapered, curbing and sidewalks, as required, shall have been installed in conformance with the applicable standards as shown on the schedule "Town of Warrensburg Highway Cross Section and Specification," and revegetation procedures shall have been utilized as required by this section. All applications for approval shall be made in writing to the Town Board, Town Superintendent of Highways and Town Planning Board and shall specify name, starting point, direction, distance and ending point.
(b)
The Town Board shall, in considering dedication of roadways, have the right to reject the same if all other municipal improvements concerning the lots fronting on said roadway are not also complete.
(c)
In making said offer of dedication, the subdivider shall submit the following documents to the Town Clerk:
[1]
An abstract of title continued to recent date showing marketable title to the premises offered for dedication or, in the alternate, a policy of title insurance insuring the fee interest of said roadway to the Town of Warrensburg in an amount not less than $5,000.
[2]
A copy of survey of subject roadway certified to the Town of Warrensburg by the person preparing the same.
[3]
A continued tax search of subject premises showing no outstanding taxes and receipts showing payment of current taxes.
[4]
The written review by the Town Superintendent of Highways.
[5]
The written review of the Department Water Superintendent.
[6]
If the surfacing material has not been applied, then a certified check or bond in an amount recommended by the Town Superintendent of Highways to cover such cost of satisfactorily completing said roadway. Any such bond shall be satisfactory to the Town Board and the Town Attorney as to form, sufficiency, manner of execution and surety.
[7]
An affidavit signed by the subdivider agreeing to complete surfacing of the roadway within two years. Said subdivider shall bear the expense of any paving cost overruns if the certified check on deposit with the town, with accrued interest, should be an insufficient amount. If any amount of moneys remain after surfacing is satisfactorily completed, said moneys, plus accrued interest, shall be refunded to the subdivider.
(2)
Time of construction. No street or highway shall be constructed between October 1 and May 1 in any year unless, in the opinion of the Town Superintendent of Highways, weather would permit proper construction after October 1 and before May 1.
(3)
Other authorizations. Approval in writing shall be obtained by the owner/developer from the New York State Department of Transportation and/or the Warren County Superintendent of Highways and/or Town Superintendent of Highways regarding drainage where proposed streets or highways intersect state/county/town roads, respectively, and for permission to connect said streets with such roads.
(4)
Stabilizing cleared areas. All cleared areas associated with the construction of roads offered for dedication, excluding those areas comprising road surfaces or shoulders, all exposed borrow areas and all cut and fill slopes, including ditch banks, shall be successfully vegetated to grasses or legumes that are suited to site conditions. Ditch bottoms shall be constructed to minimize soil erosion during periods of design flow by means of revegetation, sodding, mulching, netting stone paving, riprap and other materials or combinations of these, depending on hydraulics and soil properties.
(5)
Right of refusal.
(a)
The Town Board shall, in considering an offer of dedication of a roadway, have the right to reject the same if all other municipal improvements concerning the lots fronting on said roadway are not also complete.
(b)
If the Town Board, the Town Superintendent of Highways, Water Superintendent or the Planning Board finds that, due to special circumstances, it is inappropriate to extend municipal services to the proposed subdivision, access to said municipal services may be denied.