Town of Lloyd, NY Chapter 90 Subdivision of Land

[HISTORY: Adopted by the Town Board of the Town of Lloyd 4-7-2010 by L.L. No. 5-2010.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Planning Board — See Ch. 20.

Environmental quality review — See Ch. 54.

Stormwater management — See Ch. 55.

Farming — See Ch. 58.

Flood damage prevention — See Ch. 60.

Freshwater wetlands — See Ch. 62.

Sewer use and rents — See Ch. 85.

Streets and sidewalks — See Ch. 89.

Trees — See Ch. 95.

Water — See Ch. 98.

Zoning — See Ch. 100.

[1] Editor's Note: This local law also repealed the former Subdivision Regulations adopted by the Planning Board 3-8-1972 and approved by the Town Board 3-8-1972, as amended.

§ 90-1 Subdivision of land.

A. Authority. By authority of the resolution adopted by the Town Board, pursuant to the provisions of Article 16 of the Town Law, as amended, the Planning Board has the power and authority to approve plats for subdivisions which show lots, blocks or sites, with or without streets or highways, within the Town.

B. Policy.

(1) It is declared to be the policy of the Town of Lloyd Planning Board to consider land subdivisions as part of a plan for the orderly, efficient, economic and environmentally sound development of the Town.

(2) In cases where the Planning Board finds that a proposed subdivision may adversely affect the preservation of natural areas and/or prime farmland or farmland of statewide importance, the Planning Board shall require an applicant to submit a plan for a conservation subdivision as provided for in § 100-34 of the Town Code.

(3) The Planning Board shall mandate conservation subdivision design for development of lands within the Town's Agricultural Zoning District.

(4) These subdivision regulations shall supplement and facilitate the provisions of the Town of Lloyd Comprehensive Plan, Zoning Law,[1] and Zoning District Map. The following objectives shall guide the Planning Board's decisions:

(a) Land is to be subdivided in a way that enhances the natural and scenic resources of the area in which it is located and preserves important scenic viewsheds, environmental resources, tracts of contiguous wildlife habitat, and viable farmland.

(b) Subdivided lots shall be of such character that they can be used safely for building purposes without danger to health or peril from fire, flood or other menace.

(c) Proper provision shall be made for drainage, water supply, sewerage, utilities, and other needed improvements.

(d) Proposed development shall be planned such that it is compatible with sound development patterns of adjacent and neighboring properties within the Town of Lloyd.

(e) Proposed public roads shall compose a convenient system and shall be of such width, grade and location as to accommodate present and prospective traffic.

(f) All development shall be designed to afford adequate light and air and to facilitate fire and emergency protection.

(g) In proper cases, park area of suitable location, size and character for playground, pedestrian trails, or other recreational purposes shall be shown on the subdivision plat.

(h) In their interpretation and application, provisions of these regulations shall be held to be minimum requirements. More stringent provisions may be required if it is demonstrated that different or higher standards are necessary to promote the Town's public health, safely, and welfare.

(i) In order to avoid a segmented review and to promote optimum use of the parcel in the future, applicants may be required to prepare a conceptual plan for their entire parcel whenever an application to subdivide a portion of a larger lot is submitted.

[1] Editor's Note: See Ch. 100, Zoning.

C. Conflicts with Town Law. The Town Board hereby declares its legislative intent to supersede any provision of any local law, rule, or regulation or provision of the Town Law inconsistent with this chapter. The Town Law provisions intended to be superseded include all of Article 16 of the Town Law, §§ 261 to 285 inclusive, and any other provision of law that the Town may supersede pursuant to the Municipal Home Rule Law and the Constitution of the State of New York. The courts are directed to take notice of this legislative intent and apply it in the event the Town has failed to specify any provision of law that may require supersession. The Town Board hereby declares that it would have enacted this chapter and superseded such inconsistent provision had it been apparent. If any section, subsection, paragraph, sentence, clause or other part of these regulations is for any reason held invalid, the validity of the remaining portion of these regulations shall not be affected.

D. Waiver of requirements. The Planning Board may waive, subject to appropriate conditions, any requirements of this chapter as in its judgment are not requisite in the interest of the public health, safety and general welfare.

§ 90-2 Definitions.

For the purpose of this chapter, certain words and terms used herein are defined below. Words not defined herein may be defined in Chapter 100, Zoning, or have their ordinary meaning.

BUILDABLE ACREAGE

See § 100-13C of the Town Code.

BUILDING ENVELOPES

The preferred area(s) for development which are identified once the resource analysis and concept discussion on a property has been completed.

BUSINESS ROAD

A road which serves or is designed to serve as an access to abutting business properties.

COMPREHENSIVE PLAN

A comprehensive plan for development of the Town adopted by the Town Board pursuant to § 272-a of the Town Law, which indicates the general locations recommended for various public works and reservations and for the general physical development of the Town, and includes any part of such plan separately adopted and any amendment to such plan, or parts thereof.

CONSERVATION EASEMENT

A perpetual restriction on the use of land, created under the provisions of Article 49, Title 3, of the Environmental Conservation Law and/or § 247 of the General Municipal Law, which limits or restricts the development, management or use of such real property for the purposes of conservation of open space, agricultural land, as well as natural, cultural and scenic resources. Any such conservation easement shall provide that the Town of Lloyd, if not the grantee, shall be the contingent holder and third-party enforcer of the easement should default occur by the initial holder of the easement.

CONSERVATION SUBDIVISION

A conservation subdivision permits greater design flexibility and smaller average lot sizes than otherwise possible in a conventional lot-by-lot subdivision in order to preserve open space on the remainder of the property without increasing density for the tract as a whole. Conservation subdivisions are authorized under § 278 of New York State Town Law and are also known as "open space subdivisions" or "cluster subdivisions."

CONSERVED FARM

Land that is or has been used in agricultural production which has been preserved in perpetuity with a conservation easement.

CONSTRUCTION PLANS

The maps and engineering drawings described in these regulations, accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with these regulations.

DEAD-END ROAD

A road or a portion of a road with only one vehicular traffic outlet. Also known as a "cul-de-sac."

EASEMENT

Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

HOMEOWNERS' ASSOCIATION (HOA)

A group that governs a subdivision, condominium or planned community. The association collects monthly fees from all owners to pay for common area maintenance, handle legal and safety issues, and enforce the covenants, conditions, and restrictions set by the developer.

IMPROVEMENT

A physical change to the land necessary to produce usable and desirable lots from raw acreage, including grading, pavement, curb, gutter and utilities, including water supply, together with sanitary and storm sewers and drains and betterments to existing watercourses, sidewalks, street signs, crosswalks, shade trees, sodding or seeding, street name signs, and monuments.

LOCAL RESIDENTIAL ROAD

A road intended to serve primarily as an access to abutting residential properties.

LOT

A parcel of land intended for transfer of ownership or building development.

OFFICIAL MAP

The map, established by the Town Board under § 270 of the Town Law showing the roads, highways and parks theretofore laid out, adopted and established by law, and any amendments thereto adopted by the Town Board or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.

OFFICIAL SUBMISSION DATE

The date when a subdivision plat shall be considered submitted, subject to § 276 of the Town Law, and is hereby defined to be the date of a meeting of the Planning Board at which all required surveys, plans and data described herein are submitted.

PLANNING BOARD

The Town Planning Board of The Town of Lloyd.

PRELIMINARY PLAT

The preliminary drawing prepared by a licensed professional engineer, licensed land surveyor, registered architect or a licensed landscape architect, on a base map prepared by a licensed land surveyor, showing existing features of the land and proposed street utility and lot layout within and adjacent to the subdivision, to be submitted to the Planning Board for its consideration.

PROFESSIONAL ENGINEER

A New York State licensed professional engineer.

QUALIFIED EASEMENT HOLDER

A. A not-for-profit corporation organized inter alia for the conservation or preservation of real property and which has the power to acquire interests in real property. Such organization must have qualified as exempt for federal tax purposes pursuant to § 501(c)(3) of the Internal Revenue Code or any similar successor statutory provision; or

B. A state or a municipal corporation as that term is defined in § 2 of the General Municipal Law.

RESOURCE ANALYSIS PLAN

A map which depicts the natural, historical and cultural resources on a site, resulting in the identification of resources to be protected and establishing building envelopes.

ROAD

A private or public right-of-way serving as a means for vehicular and pedestrian travel, over which the abutting owners have the right of access, either existing or shown upon a subdivision plat approved by the Town Planning Board as provided by law or on a plat duly filed and recorded in the office of the County Clerk.

ROAD PAVEMENT

The wearing or exposed surface of the roadway used by vehicular traffic.

ROAD WIDTH (RIGHT-OF-WAY)

The horizontal distance between property lines measured at right angles to the center line of the road.

SECONDARY ROAD

A road which serves or is designed to serve as a route connecting different parts of the Town.

SECURITY

A written security agreement whereby the developer agrees to construct certain improvements and/or maintain such improvements, such agreement to be approved by the Town Board and, as to form, by the Town Attorney, along with security for the developer’s performance. Security shall be in the form of: (i) a performance bond of an acceptable surety company; (ii) bonds of the United States of America; (iii) an irrevocable letter of credit from a bank located and authorized to do business in New York State; (iv) the deposit of funds in an account or certificate of deposit issued by a bank or trust company located in and authorized to do business in New York State; such account must be assigned to the Town; or (v) any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of the improvements.

[Amended 10-12-2011 by L.L. No. 7-2011]

SEQRA or THE STATE ENVIRONMENTAL QUALITY REVIEW ACT

Article 8 of the New York State Environmental Conservation Law and the regulations promulgated thereunder found at 6 NYCRR Part 617.

SIGHT DISTANCE (ACROSS INTERSECTIONS)

A straight line with unobstructed view measured in either direction across the corner between points each 75 feet back from the theoretical intersection of the edges of the pavement prolonged, one point being four feet above the grade of the pavement edge, the second point being one foot above the grade of the pavement edge.

SIGHT DISTANCE (ALONG ROAD)

A straight line with unobstructed view measured between a point four feet above the finished grade of a road, at the center line of each traffic lane, and a point at a given minimum distance away from the first point, located one foot above finished grade at the center line of the same traffic lane.

SKETCH PLAN

A freehand sketch made on a topographic survey map showing the proposed subdivision in relation to existing conditions.

STEEP SLOPES

Slopes of fifteen-percent gradient or greater. Slope determinations shall be based upon five-foot USGS contour intervals, unless an applicant elects to submit slope information with smaller contour intervals or a specific section of the zoning[1] or subdivision provisions of the Code requires the use of smaller contour intervals.

SUBDIVIDER

Any person, firm, corporation, partnership or association who or which shall lay out, for the purpose of sale or development, any subdivision, or part thereof, as defined herein, either for himself or for others.

SUBDIVISION

A. The division of any parcel of land into two or more lots, plots, sites, or other division of land, with or without roads, for the purpose of immediate or future transfer of ownership or building development, and which shall include resubdividing as defined in § 276 of the Town Law.

B. The land so subdivided or proposed to be subdivided.

C. A parcel divided by an existing Town road.

SUBDIVISION PLAT or FINAL PLAT

The final map or drawing prepared by a licensed professional engineer, registered architect, licensed land surveyor or licensed landscape architect, on a base map prepared by a licensed land surveyor for recording which shall have their New York State seal affixed thereon and on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, will be submitted to the County Clerk for recording.

TOWN ENGINEER

A professional engineer retained by the Town of Lloyd to provide professional engineering services.

TOWN'S AUTHORIZED INSPECTOR

That person appointed by the Town Board to inspect improvement construction in new subdivisions.

WETLANDS

NYSDEC-designated wetlands; federal wetlands regulated by the U.S. Army Corps of Engineers; and any locally protected wetlands.

ZONING LAW

The officially adopted Zoning Law of the Town of Lloyd, together with any and all amendments.[2]

[1] Editor's Note: See Ch. 100, Zoning.

[2] Editor's Note: See Ch. 100, Zoning.

§ 90-3 General requirements.

A. Compliance required. Whenever any subdivision or resubdivision of land in the Town of Lloyd is proposed, the subdividing owner, or his/her authorized agent, shall apply for and secure approval of such proposed subdivision before any contract for the sale of any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted. Approval of a proposed subdivision shall be obtained in accordance with the procedure specified in this chapter.

B. Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Land subject to such hazards shall not be subdivided or developed for residential purposes nor for such other uses as may increase danger to health, life or property or aggravate a flood hazard, but such land may be set aside for such uses as shall not involve such danger nor produce unsatisfactory living conditions.

C. Conformity to Zoning Code, Official Map and Town Plan. Subdivisions shall conform to the roads and parks shown on the Official Zoning Map of the Town.[1] Additionally, subdivisions shall be designed to ensure that subdivision development, including but not limited to the construction of dwellings and the roads therein, complies with the standards of the Waterfront Bluff Overlay District, properly conforms to the requirements of the Town Zoning Code and shall be consistent with the Comprehensive Plan.

[1] Editor's Note: A copy of the Zoning Map is included at the end of this chapter.

D. Frontage on official, improved road. The area proposed to be subdivided shall have frontage on and direct access from a public road, it shall be suitably improved to the satisfaction of the Planning Board and the Town Highway Superintendent, or there shall be a security held by the Town covering such improvement.

E. Intent.

(1) In adopting SEQRA, it was the New York State Legislature's intention that all agencies, including the Town of Lloyd, conduct their affairs with an awareness that they are stewards of the air, water, land and living resources and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations.

(2) Thus, the Planning Board has certain authority to consider the condition, capacity and availability of off-site and/or abutting highways, roads, streets, sidewalks, downstream drainage, drinking water and sanitary sewage treatment facilities, fire protection and other safety considerations and the identification and prevention of hazards to public safety which may exist as a result of a subdivision application made before the Planning Board. The fact that infrastructure facilities outside of and leading to a proposed development are inadequate to accommodate the additional burden (i.e., roads being inadequate to accommodate additional traffic and posing hazards to children because of absence of sidewalks or the unavailability or undercapacity of drainage, water and/or sewer service, etc.) is a proper ground for disapproving any subdivision plat. The Planning Board may require that all impacts to off-site infrastructure facilities, as described above, and as identified through the SEQRA process and the various departments within the Town (highway, water, sewer, fire, police, etc.) may be mitigated by establishing certain improvements off site by the applicant through actual construction or by paying the cost thereof.

F. Modification of standards. The Planning Board may modify the requirements of this chapter, in an individual case, where in the Board's judgment such modification is in the public interest. Such modifications must appear on the records of the Planning Board, together with the reasons therefor. No modification shall be granted which will have the effect of nullifying the intent and purpose of these regulations, the Comprehensive Plan or the Official Zoning Map of the Town.[2] In granting any adjustment, the Planning Board shall attach such conditions as are necessary, in its judgment, to secure substantially the objectives of the standards or requirements so adjusted.

[2] Editor's Note: A copy of the Zoning Map is included at the end of this chapter.

§ 90-4 Procedure for filing subdivision applications.

A. General.

(1) Whenever any subdivision of land is proposed, before any lots are sold and before any temporary certificate of compliance for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the following procedure, which consists of three steps:

(a) Preapplication procedure.

(b) Preliminary plat.

(c) Final subdivision plat.

(2) Since the location and design of each new road created as part of a subdivision must be approved by the Planning Board and the Town Superintendent of Highways or other person or firm designated by the Town Board, the construction of new roads should not be started, nor should any existing features, such as trees, which may add value to residential development, be removed or relocated until this approval has been obtained.

(3) For a resubdivision, as defined in § 276 of the Town Law, the same procedure, rules and regulations shall apply as for a subdivision.

(4) Conservation subdivision. Conservation subdivisions shall meet the supplemental procedures and requirements for conservation subdivisions as set forth in § 90-6 of this chapter. To the extent any conflict exists between the requirements for a conservation subdivision and any other section of the Code, the requirements for conservation subdivision shall apply.

B. Preapplication procedure.

(1) Prior to filing a formal application for review, the applicant shall participate in a preapplication procedure. The preapplication procedure is a two-part process. The first step is to submit a Resource Analysis Map and participate in a conceptual discussion with the Building Department and the Town of Lloyd Planner. The second step is to submit a sketch plan. The applicant may choose to submit the sketch plan simultaneously with the Resource Analysis Map or may elect to submit the sketch plan at a subsequent meeting. The sketch plan must be on a separate map from the Resource Analysis Map. The preapplication process is intended to assist applicants and the Town to develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features while assuring that Town development goals are recognized as they may apply to the site in question.

(2) Resource analysis map.

(a) Prior to the submission of a sketch plan, an applicant shall prepare a Resource Analysis Map and participate in a discussion with the Building Department and Town of Lloyd Planner to determine a conceptual plan for the proposed subdivision. The Resource Analysis Map shall identify the site's assets and liabilities and shall contain the following information:

[1] A map of the entire holding indicating the location of that portion which is to be subdivided in relation to the entire tract and the distance to the nearest existing street intersection.

[2] Subdivision plat for the subject lands previously filed in the Ulster County Clerk's Office.

[3] The proposed subdivision name or identifying title, and the words "Town of Lloyd, Ulster County, New York."

[4] The name of the property owner(s) and the authorized applicant, if different from the property owner(s), and the Tax Map section, block and lot number(s) for the property or properties.

[5] Zoning district(s).

[6] Aerial map at a scale of one inch equals 400 feet, showing the relationship of the subject property within its neighborhood context, including natural and built features existing within 2,000 feet of the site. These features shall include topography, with steep slopes specifically identified, and streams (from USGS maps), soil types, wetlands, one-hundred-year floodplains, woodlands over 1/2 acre in area and other significant vegetation, hedgerows, stone walls, ridgelines, rock outcrops, potential wildlife habitats, cultural resources, viewsheds, existing structures and related infrastructure, public roads and trails, existing easements and rights-of-way, and public land. This information may be acquired through various readily available sources. This list is a preliminary step in identifying natural features and is subject to modification and interpretation of the reviewing bodies.

[7] General subdivision information necessary to explain and/or supplement the aerial map.

(b) Five copies of the Resource Analysis Map shall be submitted to the Building Department at least 10 days prior to the preapplication meeting. Payment of a nonrefundable filing fee in accordance with the subdivision fee schedule established by the Town Board shall accompany the submission. The applicant must pay all special consulting fees for engineers, planning consultants, and attorneys retained by the Town as required by the Planning Board. The applicant shall pay all required fees and create an escrow account prior to a transmittal from the Planner to the Planning Board, and their consideration of the application, by depositing funds with the Town and upon the request of the Town replenishing said account. There shall be no statutory time limit for the review of the Resource Analysis Map, nor the need to make a determination of whether the subdivision application is complete. No applicant shall appear before the Planning Board without an escrow account created and funded.

(c) Study of Resource Analysis Map. The Building Department and the Planner shall review the applicant's Resource Analysis Map and discuss the proposed subdivision with the applicant. The applicant should be prepared to discuss possible subdivision concepts, based on the site's resource analysis, and how the subdivision concepts can meet the objectives of Town regulations. The Resource Analysis Map and conceptual design discussion will form the basis for the design of the subdivision and should be reflected in the sketch plan and subsequent plans. Any requirements of these regulations which the applicant requests to be waived should be discussed at this time. No statement, comment or other communication made during this informal review shall be binding on any party. The Resource Analysis Map and conceptual discussion allows the applicant to proceed with sketch plan application.

(3) Conservation subdivision. The applicant is encouraged at this time to identify a party to accept a conservation easement over the required open space which may provide input as to which land has conservation value and which land is suitable for development.

(4) Sketch plan. A sketch plan shall be submitted by the applicant as a diagrammatic basis for the preapplication meeting and any informal discussions with the Planning Board regarding the design of a proposed subdivision or land development. In preparing the sketch plan, the applicant should become familiar with the Town's Comprehensive Plan, Subdivision Regulations, Zoning Law,[1] and SEQRA requirements.[2] Five copies of the sketch plan shall be submitted to the Building Department at least 10 days prior to the meeting of the Planning Board. The sketch plan should reflect what was learned from the site's Resource Analysis Map and conceptual discussion with the Building Department and Planner. After review by the Building Department and Town Planner, the Planner will transmit the sketch plan to the Planning Board. The Planning Board shall, within 45 days after submission, determine whether the sketch plan meets the objectives of Town regulations and shall, where it deems necessary, make specific recommendations to be incorporated by the applicant in the submission to the Planning Board. In its review, the Planning Board may schedule a field visit to the site. The subdivider and/or his representatives may be requested to accompany the Planning Board during its site visit. Endorsement of the sketch plan by the Planning Board does not allow filing of a plat with the Ulster County Clerk or authorize the sale or lease of or any offer to sell or lease any lots in such subdivision or any part thereof.

[1] Editor's Note: See Ch. 100, Zoning.

[2] Editor's Note: See Ch. 54, Environmental Quality Review.

C. Procedure for conditional approval of the preliminary plat.

(1) Discussion of requirements. Before preparing the preliminary plat, the applicant should familiarize himself/herself with these regulations and should discuss with the Building Department and Planner, or their representative, the requirements for reservations of land, road improvements, drainage, sewerage, water, fire protection and similar aspects, as well as the availability of existing services. The applicant should also discuss the preliminary plat with the County Health Department, whose approval is required by these regulations and which must eventually approve any subdivision plat coming within its jurisdiction. In the case of land proposed to be subdivided, any part of which is within 500 feet of the Town boundary, after the preparation of the preliminary plat, the Planner should also inform the Planning Board of the adjoining community as to the nature and scope of its proposal.

(2) Application procedure. Prior to filing an application for the approval of a final subdivision plat, the applicant shall file an application for approval of a preliminary plat. The application shall:

(a) Be made on forms available at the office of the Planning Board.

(b) Include all land which the applicant proposes to subdivide and all adjacent lands owned by the subdivider.

(c) Be accompanied by five copies of the preliminary plat as described in these regulations, submitted to the Town of Lloyd Planner at least 10 days prior to the meeting of the Planning Board.

(d) Comply in all respects with these regulations and with the provisions of the Town Law.

(e) Include the payment of a nonrefundable fee in accordance with the subdivision fee schedule established by the Town Board. The applicant must pay all special consulting fees for engineers, planning consultants, and attorneys retained by the Town as required by the Planning Board. The applicant shall pay all required fees prior to the Planning Board's consideration of the application by depositing funds with the Town and upon the request of the Town replenishing said account.

(f) Include proof of ownership or the consent of the owner by the applicant of the premises affected in the application, on the appropriate affidavit forms prescribed by the Planning Board and available at the office of the Town Clerk.

(3) Proposed roads and plats to be staked. To permit inspection and checking of a proposed subdivision by the Planning Board, its agents and the Town Highway Superintendent, the owner shall provide stakes as follows:

(a) Along the center line of each proposed road at intervals of not more than 100 feet and at each point of beginning and ending of each curve. Each stake shall be identified by station marking to conform to the plans as presented and shall be so placed as to extend at least 30 inches above ground surface. Inasmuch as these stakes are not permanent, a tolerance of one foot from exact position will be allowed.

(b) A stake shall be placed along the road frontage of each plot, and at the approximate center thereof, marked with the identifying number of the plot as shown on the preliminary plat. These stakes shall be maintained in position during construction operations.

(c) All stakes referred to in this section shall be in position at the time application is made to the Planning Board for tentative approval of the preliminary plat.

(d) All stakes removed or destroyed prior to the approval of the subdivision plat shall be replaced by the applicant if required by the Planning Board or its authorized representatives or by the Town Highway Superintendent.

(4) Applicant to attend Planning Board meeting. The applicant should then be prepared to attend the next regular meeting of the Planning Board to discuss the preliminary plat.

(5) Study of layout. The Planning Board will carefully study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of roads, their relation to the topography of the land, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Comprehensive Plan, the Official Map and the Town Zoning Code[3] and the requirements of the Town Highway Superintendent or his authorized representative.

[3] Editor's Note: See Ch. 100, Zoning.

(6) Required changes for preliminary plat approval.

(a) After discussion of the preliminary plat, the Planning Board will advise the applicant of the specific changes it will require in the layout, the character and extent of required improvements and reservations and the type and kind of performance security which it will require as a prerequisite to the approval of the subdivision plat.

(b) Should the Town Planning Board require the service of independent consultants, the costs thereof shall be the responsibility of the subdivider.

(7) Should a plat contain one or more lots which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance without a decision or determination of an administrative official charged with the enforcement of the zoning regulations. The Planning Board shall provide a written recommendation to the Zoning Board of Appeals concerning the proposed variance. The Building Department and Town Planner, after the preapplication meeting(s), may transmit the application to both the Planning Board and the Zoning Board of Appeals simultaneously in order to facilitate the review of the plat.

(8) Public hearing. After receipt of the preliminary plat application and all required accompanying material, the Board shall advertise and hold a public hearing on the proposed subdivision. The Board shall submit notices to the official Town newspaper for publication at least five days in advance of the hearing. If the land to be subdivided is within 500 feet of any abutting municipality in the county, a notice of the public hearing shall be mailed by the Board to the Clerk of such abutting municipality at least 10 days prior to the date of the hearing. A registered return receipt notice shall be sent to all abutting property owners 10 days prior to the public hearing, and these return receipts shall be presented by the subdivider to the Planning Board at the time of the public hearing. At the hearing, the opportunity to examine or comment upon the subdivision plat and construction plans shall be given by the Board to any interested persons. The subdivider shall be responsible for the payment to the newspaper for the cost of filing and publishing the notice(s).

D. Procedure for approval of the final subdivision plat.

(1) Application procedure. Within six months after the tentative approval of the preliminary plat, the applicant, if he wishes to proceed with the subdivision, shall file with the Planning Board an application for approval of a final subdivision plat. Otherwise, the tentative preliminary plat approval shall be deemed void. The application for final subdivision plat approval shall:

(a) Be made on forms provided by the Planning Board at the time of tentative approval of the preliminary plat.

(b) Include the entire subdivision, or a section thereof, which derives access from a road on the Official Map, which road is improved to Town standards or for which road a security covering such improvement is held by the Town.

(c) Be accompanied by five copies of the final subdivision plat and the construction detail sheets, as described in these regulations.

(d) Comply in all respects with the preliminary plat as approved.

(e) Be presented to the Chair of the Planning Board at least two weeks prior to a regular meeting of the Board so that a public hearing, if required, may be scheduled and the required notice given.

(f) Include a formal offer of cession to the public of all roads and parks, as required by these regulations.

(2) Official submission date. The subdivision plat shall be considered officially submitted only at the regular meeting of the Planning Board following completion of the application procedure outlined above.

(3) Endorsement by County Health Department. The proposed subdivision plat shall be properly endorsed by the County Health Department, as required by the County Sanitary Code, before any public hearing is scheduled. The plat shall be in final form before County Health Department approval.

(4) Utilities. The Board may request written assurances from each utility company, special district and Town department whose facilities are proposed to be installed, stating that such utility company, special district and Town department will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved construction plans.

(5) Public hearing. The Planning Board may waive the requirement to hold a public hearing if it finds that the preliminary plat and the final subdivision plat are substantially similar in design and that a public hearing would not be necessary. If the Planning Board determines that a public hearing on the proposed final subdivision plat is required, the procedure shall be the same as for public hearings on preliminary plats.

(6) Action on proposed final subdivision plat. After study, the Planning Board shall, within 45 days from the official submittal date of the subdivision plat, approve, modify and approve or disapprove the subdivision application by a resolution which will set forth in detail any conditions to which the approval is subject or reasons for disapproval, and a copy of this resolution will be given to the applicant. The grounds for disapproval of any plat shall be stated on the records of the Planning Board. A subdivision plat shall not be signed by the authorized officers of the Planning Board until the applicant has met all the conditions of the action granting approval of such plat.

(7) Revision of subdivision plat and/or construction detail sheets. In the event that modifications are required, the applicant shall have the subdivision plat and construction plans revised to conform to the requirements of the resolution. After modification, the applicant shall submit the revised tracings of the subdivision plat and construction detail sheets, together with the number of prints as required by the Board pursuant to its prevailing procedures four prints of each, to the Planning Board Chair for review. No formal approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met.

(8) Signing of plat. In order to protect the health, safety and welfare of the public and in addition to the requirements in Town of Lloyd Code Chapter 89, § 89-15 and Chapter 55, § 55-10B(1) and (2), the following regulations shall apply to all infrastructure proposed within the subdivision:

[Amended 10-12-2011 by L.L. No. 7-2011]

(a) Prior to signing of the plat, roads, stormwater control facilities, utilities or other improvements shall be built or satisfactory security posted to ensure the prompt completion of such improvements.

(b) If the developer chooses, the improvements may be constructed after the preliminary or conditional approval, but before the plat is signed for recording with the Ulster County Clerk. The developer will pay inspection fees prior to any work performed, to cover the Town’s costs in inspecting the work. Those fees shall be determined through calculation by the Town Engineer using the fee schedule of rates adopted by resolution of the Town Board and amended by resolution from time to time. A multiplier of 150% shall be applied to the amount of the performance bond calculated by the Town Engineer.

(c) Acceptance of the road, if dedication has been approved by the Town Board, will be upon the Town Superintendent of Highways certifying that construction has been completed in accordance with the approved plans and specifications.

(d) If the developer chooses, the construction of required improvements may be phased.

[1] The inspection fees may be determined per individual phase, but shall be calculated within two months prior to the beginning of construction of each phase.

[2] Construction in an individual phase shall commence construction within six weeks following the deposit of an acceptable security agreement and security, for that individual phase, with the Town as provided in §§ 89-15, 55-10 and other applicable sections of the Town Code. Construction must be complete within two years of the commencement of construction of the phase.

[3] If the construction of the required improvements is not completed within two years, the Town may declare the security agreement in default and commence action, through the Town Attorney, to collect the security and complete the improvements within the phase under construction.

[4] If necessary, phases may be joined together, to take advantage of economies of scale and staging of machinery, but the time period for completion will not be extended beyond those set forth in the Town Code.

(e) No building permits will be issued until all streets or roads have been completed and accepted for dedication by the Town or their completion has been secured as provided herein. A note shall be placed on the plat disclosing that no building permits shall be issued until the phase within which the parcel exists has a road under construction, with the appropriate security posted.

(f) When performance security is required, the Planning Board shall authorize the Chair to endorse the Board's approval on the plat after the performance security has been approved and filed, and all of the conditions of the resolution pertaining to the plat have been satisfied.

(g) When no security is filed, the Planning Board shall authorize the Chair to endorse the Board's approval on the plat after all conditions of the resolution have been satisfied, and all improvements have been satisfactorily completed.

(h) Notation of approval.

[1] Every subdivision plat submitted to the Board for its approval shall carry the following endorsement:

	Approved by resolution of the Planning Board of the Town of Lloyd, subject to all conditions and requirements of said resolution. Any change, erasure, modification or revision of this plat as approved shall void this approval.
	Signed this _______ day of ______, 20__.
	Chair

[2] In the absence of the Chair, the Acting Chair may sign and shall indicate his office on the plat.

(9) Upon completion of all requirements set forth in the action approving the subdivision plat, the plat shall be properly signed by the appropriate officer of the Planning Board and shall be filed in the office of the County Clerk. Any subdivision plat not so filed within 90 days of the date of Planning Board signature shall become null and void. Six copies of every filed subdivision plat, showing the endorsement of the County Clerk, shall be obtained and transmitted to the Town Clerk within 30 days of the date of filing for distribution to the Planning Board (three copies), Tax Assessor, the Town's authorized inspector and Code Enforcement Officer.

(10) Plat 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 Board and endorsed, in writing, on the plat. In the event that any subdivision plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.

§ 90-5 Subdivision requirements.

Any subdivider who proposes to develop a subdivision in the Town of Lloyd shall conform to all subdivision design standards as herein provided. These standards shall be considered minimum standards. Conservation subdivisions plats shall also adhere to the supplemental standards set forth in § 90-6.

A. Lots.

(1) Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots, in compliance with the Zoning Code[1] and County Health Department regulations, and in providing driveway access to buildings on such lots from an approved road.

[1] Editor's Note: See Ch. 100, Zoning.

(2) Access across a watercourse. Where a watercourse separates the buildable area of a lot from the road by which it has access, provision shall be made for installation of a culvert or other structure of design approved by the Town Highway Superintendent or his authorized representative.

(3) Lot dimensions and minimum frontage.

(a) Lot dimensions shall comply with the minimum standards of the Zoning Code, except in the case of a conservation subdivision. Where lots are more than double the minimum required area for the zoning district, the Planning Board may require that such lots be arranged so as to allow further subdivision and the opening of future roads where they would be necessary to serve such potential lots, all in compliance with the Zoning Code and these regulations.

(b) Each lot shall have at least 50 feet of frontage on either an improved road shown on the Official Map or on a proposed road shown on the plat of the subdivision under consideration.

(4) Side lot lines. Side lot lines shall be at right angles to street lines unless a variation from this rule will give a better street or lot plan.

(5) Access from major roads. Lots shall not, in general, derive access exclusively from a major road. Where access from a major road may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined drive on secondary roads in order to limit possible traffic hazard on such major road.

(6) Corner lots. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both yards.

B. Easements and dedications.

(1) All roads, parks and required easements shall be indicated on the plat. A formal offer of cession to the public of all roads and parks to be offered to the public shall be filed with the Planning Board prior to final approval of the plat by the Planning Board.

(2) Acceptance of any such offer of roads and parks shall rest with the Town Board. In the event that the applicant shall elect not to file the plat in the office of the County Clerk within the ninety-day period required by law, then such formal offer of cession and the approval of the plat shall be deemed to be void.

(3) With respect to roads, parks and all required easements, there shall be presented to the Planning Board, prior to approval of the plat, agreements permitting entrance by the public for installing required improvements in the event of nonperformance under the terms of the security.

(4) The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town of any road, park, playground or other open space shown on said plat. The Planning Board may require said 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 title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area.

C. Roads.

(1) In addition to the requirements set forth below, the minimum requirements for construction of roads are set forth in Chapter 89, Streets and Sidewalks, of the Code of the Town of Lloyd. All applicants and owners must adhere to the standards and procedures set forth therein.

(2) Location, width and improvement of roads. Roads shall be suitably located, of sufficient width and adequately improved to accommodate the prospective traffic and to afford satisfactory access to police, fire-fighting equipment, snow removal or other road maintenance equipment and shall be coordinated so as to compose a convenient system. The arrangement of roads shall be such as to cause no undue hardship to adjoining properties.

(3) Road improvements. Roads shall be graded and improved with pavement, road signs, sidewalks, road lighting standards, curbs, gutters, road trees, water mains, sanitary sewers, storm drains and fire hydrants, except where waivers may be requested. The Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interests of the public health, safety and general welfare. If placed in the road right-of-way, underground utilities required by the Planning Board shall be placed between the paved roadway and road line to simplify location and repair of the lines. The subdivider shall install underground service connections to the property line of each lot before the road is paved. Such grading and improvements shall conform to the Town road specifications and shall be approved as to design and specifications by the Town Highway Superintendent or his authorized representative. The applicant, before the approval of the final subdivision plat, shall complete all improvements to the satisfaction of the Town's inspector or post a sufficient performance security to ensure the satisfactory completion of such improvements.

(4) Relation to topography. Roads shall be logically related to the topography, and all roads shall be arranged so as to obtain as few building sites as necessary below the grades of the roads. Grades of roads shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided.

(5) Block size. The Planning Board may require the block length to be not less than 300 feet or more than 1,200 feet in length. In long blocks, the Planning Board may require the reservation through the block of a twenty-foot-wide easement to accommodate utilities or pedestrian traffic.

(6) Intersections.

(a) Intersections of major roads by other roads shall be at least 800 feet apart, if possible. Cross (four-cornered) road intersections shall be avoided insofar as possible, except at important traffic intersections. A distance of at least 150 feet shall be maintained between offset intersections. Within 40 feet of an intersection, roads shall be at approximately right angles, and grades shall be limited to 1 1/2%. All road intersection corners shall be rounded by curves of at least 25 feet in radius at the property line.

(b) Sight easements shall be provided across all corners at intersections within the triangular area formed by the two intersecting road lines and a straight line connecting points along said road lines, each point 75 feet back from the intersection of the road lines. For the purpose of traffic safety, there shall be a clear line of sight in either direction across such triangular area between an observer's eye three feet above the road surface at the nearest edge of the road and an object one foot above the nearest edge of pavement on the intersecting road. In the case of roads which must intersect at other than right angles, the Planning Board and Town Highway Superintendent may require that the dimensions of the sight easement be modified to provide adequate sight distance in accordance with New York State Department of Transportation standards.

(7) Continuation of roads into adjacent property. The arrangement of roads shall provide for the continuation of roads between adjacent properties where such continuation is necessary for the convenient movement of traffic, effective fire protection and efficient provision of utilities. If the adjacent property is undeveloped and the road must temporarily be a dead-end road, the right-of-way and improvements shall be extended to the property line. A temporary circular turnaround shall be provided on all temporary dead-end roads, with the notation on the plat that land outside the road right-of-way shall revert to abutters whenever the road is continued. For greater convenience to traffic and more effective police and fire protection, a temporary dead-end road shall permit access to not more than 12 residential dwelling units and shall be a maximum of 1,000 linear feet in length.

(8) Permanent dead-end roads. Where a road does not extend to the boundary of the subdivision and its continuation is not needed for access to adjoining property, it shall be separated from such boundary by a distance of not less than 30 feet. Reserve strips of land shall not be left between the end of a proposed road and an adjacent piece of property. However, the Planning Board may require the reservation of a twenty-foot-wide easement to accommodate pedestrian traffic or utilities. A circular turnaround or T-turnaround shall be provided at the end of a permanent dead-end road. For greater convenience to traffic and more effective police and fire protection, a permanent dead-end road shall permit access to not more than 12 residential dwelling units and shall be a maximum of 1,000 linear feet in length.

(9) Road names. All roads shall be named and such names shall be subject to the approval of the Planning Board with the approval of the Town Clerk and the Ulster County Emergency Communications/Emergency Management Department. Names shall be sufficiently different in sound and in spelling from other road names in the Town so as not to cause confusion. A road which is a continuation of an existing road shall bear the same name.

(10) Widening or realignment of existing roads. Where the subdivision borders an existing road and the road is subject to possible realignment or widening that would require reservation of some land of the subdivision, the Planning Board may require that such areas be shown and marked on the plat "Reserved for Road Realignment (or Widening) Purposes." Land reserved for road widening may not be counted in satisfying the minimum front yard requirements of the Zoning Code.

(11) Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from roads to schools, parks, playgrounds or other nearby roads, perpetual unobstructed easements at least 20 feet in width. Easements shall be indicated on the plat.

(12) With respect to private roads, there shall be submitted with the plat and signed, acknowledged and recorded in the County Clerk's office after final approval, agreements or other documents providing for and fixing responsibility for their suitable maintenance and statements of all rights which exist with respect to the use of such private roads, with form and content to be approved by the Planning Board's attorney.

(13) Road signs. Standard Town road signs shall be provided by the applicant and placed at all intersections, in locations approved by the Superintendent of Highways, within the right-of-way.

(14) Road lighting standards. Where required by the Planning Board, road lighting standards, of a design meeting the requirements of the Zoning Code,[2] shall be placed in a manner and location approved by the Planning Board.

[2] Editor's Note: See Ch. 100, Zoning.

(15) Road trees. The Planning Board may require the planting of new trees within the right-of-way limits in subdivisions which are lacking in trees or in which substantial loss of trees has or will occur in the process of road construction. Such trees shall be preferably of the hardwood variety, shall be urban tolerant, and of a type appropriate to the neighborhood. Such trees shall be planted in fertile or fertilized ground and shall be watered and nurtured after planting until growth is assured. Such trees shall have a minimum trunk diameter at a point six feet above ground level of at least 2 1/2 inches and shall be planted at intervals of no more than 30 feet, all in accordance with a planting plan to be approved by the Planning Board.

D. Drainage improvements.

(1) In addition to the requirements set forth below, the minimum requirements for the design and construction of drainage facilities shall comply with Chapter 55, Stormwater Management and Erosion and Sediment Control, and Chapter 89, Street and Sidewalks, of the Code of the Town of Lloyd and with those of other authorities having jurisdiction. The applicant shall be required by the Planning Board to carry away by pipe or open ditch any spring or surface water that may exist either previous to or as a result of the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible or in perpetual unobstructed easements of at least 20 feet in width.

(2) A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision in accordance with the Town road specifications. The cost of this determination shall be borne by the subdivider. The applicant shall submit to the Planning Board computations and data in sufficient detail to make possible the ready determination of the adequacy of the proposed drainage installation.

(3) The subdivider's engineer shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during any one of various storm events up to and including a one-hundred-year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement or mitigation of said condition.

E. Recreation standards.

(1) The Planning Board may require that land be reserved for recreation purposes in locations designated on the Town Comprehensive Plan or Official Map, or otherwise where it deems that such reservations would be appropriate, but in no case to be more than 10% of the gross area of any subdivision. Each reservation shall be of suitable size, dimensions, topography and general character and shall have adequate road access for the particular purposes envisioned by the Planning Board. The area shall be shown and marked on the plat "Reserved for Recreation Purposes."

(2) Land reserved for recreation purposes shall also be of a character and in a location suitable for use as a playground, playfield or other recreation purpose.

(3) Nothing contained in this chapter shall be construed as prohibiting an applicant from reserving other land for recreation purposes in addition to the requirements of this subsection.

(4) Responsibility for the operation and maintenance shall be clearly indicated on all reservations for park and playground purposes.

(5) With respect to parks not offered to the public, there shall be submitted with the plat either copies of agreements or other documents providing for and fixing responsibility for their suitable maintenance and statements of all rights which exist with respect to the use of such property or a fixed fee as required by the Town to cover the development and maintenance of a park for use by the residents in the subdivision.

(6) Where the Planning Board deems that such a reservation of land within a subdivision would be inappropriate because of the character, location or size of the land which could be reserved, the Planning Board may waive such a requirement, subject to appropriate conditions. Such appropriate conditions may include the requirement that the applicant deposit an amount of money with the Town Clerk and present a copy of a receipt therefor to the Planning Board, which moneys shall be deposited in a special fund to be used for the purchase and development of permanent sites for recreation available to the residents of the subdivision concerned.

(7) Where deposition of such funds is required, the amount to be deposited shall be in the amount as determined by the Town Board pursuant to a duly adopted schedule of recreation fees.

F. Other requirements and improvements.

(1) Sanitary sewers, water mains and fire hydrants. Where required by the Planning Board, the subdivider shall install sanitary sewers and/or water mains and fire hydrants of a type and in a manner prescribed by the regulations of the appropriate sewer, water or fire district or other municipal agency having jurisdiction.

(2) Fire alarm signal devices. Where required by the Planning Board, the subdivider shall install fire alarm signal devices, including necessary ducts, cables and other connecting facilities, of a type and in a manner and location prescribed by the appropriate fire district or other municipal agency having jurisdiction.

(3) Underground utilities.

(a) Electric and telephone wires and associated equipment, such as transformers, shall be installed underground, except that the Planning Board may waive this requirement at the request of the applicant in cases where the Board determines that the installation of underground service will result in practical difficulty or unnecessary hardship because of the size and nature of the subdivision or because of unusual topographic or other natural conditions. The Board may grant a full or partial waiver of the requirement that such utilities be placed underground or may require a combination of underground and overhead service. The proposed location of all utility improvements shall be shown on the construction plans submitted by the applicant and shall be subject to Planning Board approval.

(b) Utility and drainage easements. Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within road rights-of-way, perpetual unobstructed easements at least 20 feet in width for such utilities shall be provided across property outside road lines and with satisfactory access to the road. Easements shall be indicated on the plat. When a proposed drainage system will carry water onto or across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.

(4) Monuments. Monuments shall be of reinforced concrete or natural stone at least five inches square and at least three feet long, shall have a two-and-one-half-inch cross inscribed on the top and shall be set vertically in solid ground. Such monuments shall be placed wherever deemed necessary by the Planning Board to enable all lines to be reproduced on the ground. In general, monuments shall be located on road lines, usually at block corners, and shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the road limits. Monuments shall be set three inches above ground surface.

(5) Preservation of existing features. Existing features which would add value to residential development, such as trees, watercourses and falls, beaches, historic spots and similar irreplaceable assets, should be preserved, insofar as possible, through harmonious design of the subdivision.

(6) Preservation of natural cover. Land to be subdivided shall be laid out and improved in reasonable conformity to existing topography, in order to minimize grading and cutting and filling and to retain, insofar as possible, the natural contours, limit stormwater runoff and conserve the natural cover and soil. No topsoil, sand or gravel shall be removed from any lots shown on any subdivision plat, except in accordance with the provisions for excavation.

(7) Owner-imposed restrictions. The owner may place restrictions on the development greater than those required by the Zoning Code. Such restrictions, if any, shall be indicated on the subdivision plat.

G. Requirements for the preliminary plat. Preliminary plats submitted to the Planning Board shall be drawn to a convenient scale, not less than one inch equals 100 feet, and shall show the following information:

(1) The location of the property with respect to surrounding property and roads. There shall also be included an area map at a scale of one inch equals 400 feet showing all roads and property within 1,000 feet of the applicant's property. All property held by the applicant in the area should be identified.

(2) The location and approximate dimensions of all existing property lines, including the entire area proposed to be subdivided and the remainder of the tract owned by the subdividing owner or land held in related ownership.

(3) Topography, the contour lines of which shall be at two-foot intervals, determined by photogrammetry (although ten-foot intervals are permissible beyond the parcel boundaries, interpolated from published USGS maps). The determination of appropriate contour intervals shall be made by the Planning Board, which may specify greater or lesser intervals on exceptionally steep or flat sites. Slopes exceeding a fifteen-percent gradient shall be clearly indicated. Topography shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official USGS benchmarks.

(4) The location and delineation of ponds, streams, and natural drainage swales as well as the one-hundred-year floodplains and wetlands.

(5) Vegetative cover conditions on the property according to general cover type, including cultivated land, permanent grassland, old field, hedgerow, woodland and wetland, isolated trees with a caliper in excess of 12 inches, the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, relative age and condition.

(6) Soil series, types and phases, as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service in the Ulster County Soil Survey, and accompanying data published for each soil relating to its suitability for construction (and, in unsewered areas, for septic suitability).

(7) Ridgelines and watershed boundaries shall be identified.

(8) A viewshed analysis showing the location and extent of views into the property from public roads and from public parks, public forests, and state game lands as may be defined by the New York State Department of Environmental Conservation.

(9) Geologic formations on the proposed development parcel, based on available published information or more detailed data obtained by the applicant.

(10) The location and dimensions of all existing structures, roads, railroads, utilities and other man-made improvements.

(11) Locations of all historically significant sites or structures on the tract and on any abutting tract.

(12) Locations of trails that are in public use (pedestrian, equestrian, bicycle, etc.) or are proposed on the Town of Lloyd Greenway Trail Map.

(13) All easements and other encumbrances of property which are or have been filed of record with the Ulster County Clerk's Office shall be shown on the plan.

(14) The location, width and approximate grade of all proposed roads. Approximate elevations shall be shown at the beginning and end of each road, at road intersections and at all points where there is a decided change in the slope or direction.

(15) The approximate location, dimensions and area of all proposed or existing lots.

(16) The approximate location and dimensions of all property proposed to be set aside for playground or park use.

(17) The names of all adjoining property owners of record or the names of adjoining developments.

(18) The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider, if other than the owner, the name of the land surveyor and the name of the licensed professional engineer.

(19) The date, approximate true North point and scale.

(20) Proposed provision of water supply, fire protection, disposal of sanitary waste, stormwater drainage, road trees, road lighting fixtures, road signs and sidewalks, data on which must be available for consideration at this stage.

H. Requirements of the final subdivision plat. The final subdivision plat shall be accompanied by a separate sheet of construction plans, and both shall be submitted to the Planning Board for approval, as follows:

(1) Drawing, scale and size of plat and construction plans. The plat and construction plans shall be clearly and legibly drawn on transparent linen tracing cloth with black waterproof ink. Maps and profiles shall be at a scale of one inch equals 50 feet. Maps shall be on uniform size sheets, not larger than 36 inches by 48 inches. Whenever any project is of such size that more than one sheet is required, then an index map on the same size sheet shall accompany these sheets.

(2) Information to be shown on plat. Plats shall show the following information:

(a) Proposed subdivision name or identifying title, which shall not duplicate or too closely approximate that of any other development in the Town.

(b) Date, approximate true North point and graphic scale.

(c) Name, address and signature of owner, subdivider, licensed professional engineer and land surveyor.

(d) Names of owners of record of abutting properties or developments.

(e) Locations, names and widths of abutting and existing roads, highways, easements, building lines, parks and other public properties.

(f) Locations, widths and names of all roads and sidewalks and the location, dimensions and status of all easements proposed by the subdivider.

(g) Lot areas in square feet or in acres.

(h) Lot lines with accurate dimensions and bearings.

(i) Sufficient data to determine readily the location, bearing and length of all lines and to permit location of such lines upon the ground.

(j) Radii of all curves and lengths of arcs.

(k) Location, material and approximate size of all monuments.

(l) The accurate outline of all property which is offered or to be offered for dedication for public use, with the purpose indicated thereon, and of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the subdivision.

(m) The following notations shall be shown on the plat:

[1] Endorsement of the County Health Department.

[2] Explanation of drainage easements as follows: "The drainage easements (or the drainage discharge points) shown hereon establish the perpetual right to discharge stormwater runoff from the highway and from the surrounding area onto and over the affected premises by means of pipes, culverts or ditches, or a combination thereof, together with the right of the holder of fee title to the highway, or his authorized representatives, to enter said premises for purposes of making such installations and doing such maintenance work as said holder of fee title may deem necessary to adequately drain the highway and surrounding area."

[3] Explanation of sight easements as follows: "The sight easements shown hereon establish the perpetual right of the holder of fee title of the highway, or his authorized representatives, to clear, regrade and maintain the area within these easements at such elevation that there is a clear line of sight anywhere across the area between an observer's eye at an elevation of four feet above the road surface at the nearest edge of pavement on the intersecting road."

[4] Explanation of reservations as follows: "Reserved for highway purposes (or recreation purposes, or other approved purpose)."

[5] Endorsement of owner as follows:

	"I hereby grant my approval to this plat and agree to file it in the office of the County Clerk.
	Owner	" Date

(n) An inset area map, at a scale of one inch equals 400 feet, showing all streets and property within 1,000 feet of the applicant's property. All property held by the applicant should be identified, and the area included in this application should be shaded. The approximate location of the proposed streets in the applicant's subdivision should be shown.

(o) The area included in the subdivision, in the following format:

	Area of lots		acres
	Area of streets		acres
	Area of reservations		acres
		Total	acres

(3) Construction plans. Construction plans shall show the following information:

(a) Profiles showing existing and proposed elevations along the center lines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads, within 100 feet of the intersection, shall be shown. All elevations must be referred to approved local bench marks where they exist within 1/2 mile of the boundary of the subdivision.

(b) The Planning Board may require, where steep slopes exist, that present elevations of all proposed roads shall be shown every 100 feet at five points on a line at right angles to the center line of the road, and said elevation points shall be at the center line of the road, each property line and points 30 feet inside each property line.

(c) Plans and profiles showing the location and a typical section of road pavements, including curbs and gutters, sidewalks, manholes and catch basins; the locations of road trees, road lighting standards and road signs; the location, size and invert elevations of existing and proposed sanitary sewers, stormwater drains and fire hydrants; and the exact location and size of all water, gas or other underground utilities or structures.

[1] Notation concerning sight easements, as follows: "The area shown within the sight easements at road intersections shall be cleared, graded and maintained in accordance with the standards set forth in the land development regulations of the Town of Lloyd."

[2] Notation concerning reference to Town's construction standards, as follows: "All specifications, materials and methods of construction to be in accordance with the standards contained in the Town of Lloyd land development regulations, as amended, and in accordance with the Town Planning Board resolution approving these plans."

I. All plats shall conform to the land development regulations of the Town of Lloyd, including but not limited to Chapter 55, Stormwater Management and Erosion and Sediment Control, of the Town Code.

§ 90-6 Supplemental standards for conservation subdivisions.

A. Dimensional standards. The dimensional standards set forth in § 100-34D of the Town's Zoning Law shall apply to conservation subdivisions.

B. Open space standards. In exchange for flexibility in the design layout, all conservation subdivisions shall permanently preserve a minimum percentage of the tract's gross acreage as open space land as set forth in Section 100-34D of the Zoning Law.

C. Permanent protection of open space. Open space shall be permanently protected as provided in § 100-34E of the Zoning Law. When a conservation easement is required it shall be approved by the Planning Board and shall be required as a condition of final plat approval. The conservation easement shall be recorded in the Ulster County Clerk's office prior to or simultaneously with the filing of the final subdivision plat in the County Clerk's office.

D. Supplemental sketch plan requirements. A sketch plan for a conservation subdivision shall include the following elements in addition to those provided for in § 90-4B.

(1) Yield plan. The applicant shall submit a yield plan in accordance with § 100-34C of the Town's Zoning Law using one of the following methods:

(a) Formula method yield plan. The Planning Board's determination as to the permitted number of lots may be based upon an analysis of buildable acreage as follows: a) Determine the buildable acreage of the parcel(s) in accordance with § 100-13C of the Zoning Law; b) Divide the buildable acreage by the minimum lot size for a conventional subdivision in the district. For lots in more than one district, the permitted number of dwelling units for land in each district shall be computed separately, but the units may be located in the manner that best fits the character of the land. This formula method is intended to simulate, in a more efficient manner, the lot count that would result from preparing a conventional engineered yield plan for the same property.

(b) Engineered yield plan. Nothing shall preclude an applicant from submitting an engineered yield plan. An engineered yield plan is a conventional subdivision sketch plan which meets all area and bulk standards for the zoning district in which the lot is located and designed so that no waivers or variances from any provision of the Town of Lloyd Code would be necessary. The engineered yield plan must depict:

[1] Proposed lots, streets, rights-of-way, and other pertinent features.

[2] Percolation and deep tests for each lot and conceptual drainage design.

[3] Platting shall be restricted to those portions of the site which are considered by the Planning Board to be suitable for residential development, based on an analysis of the site's topographic, geologic and hydrological characteristics. Any lands that are subject to flooding or are comprised of wetlands, streams or steep slopes shall not be considered suitable for building development for the purposes of this analysis.

[4] Where active agricultural lands are proposed for continuation within the open space lands, soils testing may be reduced for homogeneous soils that are classified within Soil Group 1 to 3 (prime farmland soils) and Soil Group 4 to 6 (soils of statewide importance) by the U.S. Department of Agriculture Soil Conservation Service.

(c) The maximum number of units, whether derived from the formula method or an engineered yield plan, shall not be considered an entitlement. The applicant must also demonstrate compliance with all applicable criteria and standards of the Zoning Law,[1] Subdivision Regulations, and other applicable laws and regulations. These requirements may result in an actual approvable unit count that is less than the maximum allowed above.

[1] Editor's Note: See Ch. 100, Zoning.

(2) The sketch plan shall show a schematic layout indicating a general concept for land conservation and development, including building locations, parking lots and open spaces. "Bubble" format is acceptable for this delineation of conservation areas in accordance with Step 1 of the four-step design process described and illustrated below.

E. Supplemental preliminary plat requirements. A preliminary plat for a conservation subdivision shall include the following elements in addition to those provided for in § 90-5G:

(1) Identification of the proposed qualified easement holder, if applicable.

(2) Four-step design process. All preliminary plats shall include documentation of a four-step design process in determining the layout of proposed open space lands, streets, house sites, and lot lines, as described below and as illustrated in the figures at the end of this chapter. Documentation of the design process is achieved by preparing a separate sheet/plan for each step and then preparing a plan which shows the culmination of the four-step process.

(a) Step 1: delineation of open space lands. Proposed open space lands shall be designated using the Resource Analysis Plan as a base map. The Town's Comprehensive Plan shall also be taken into account. Open space lands shall be delineated as follows:

[1] Primary conservation areas shall be delineated comprising unbuildable natural features as listed in § 100-13C of the Code and as shown by example in the Step 1 figure at the end of this chapter. For lands regulated by § 100-19 within the Agricultural Business Overlay Zoning District, the additional siting requirements found in § 100-19F of the Code shall be followed in the design process.

[2] Secondary conservation areas shall be delineated comprising special features of the property such as important farmland, groves of mature trees, large individual trees, woodlands along roadways and property lines, riparian areas adjacent to streams, visually prominent agricultural landscape features such as fields, pastures and meadows on knolls and hilltops, stone walls, hedgerows, historic or cultural resources, habitats of endangered or threatened species, scenic viewsheds, trails, and similar irreplaceable assets, as shown in the Step 1 figure.[2] The applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed open space, in consultation with the Planning Board. On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated to meet at least the minimum area percentage requirements for open space lands and in a manner clearly indicating their boundaries as well as the types of resources included within them.

[2] Editor's Note: Said figure is included at the end of this chapter.

[3] Calculations shall be provided indicating the applicant's compliance with the acreage requirements for open space areas on the tract in conformance with § 100-34D of the Zoning Law.

(b) Step 2: alignment of streets and trails. A street plan, as shown in the Step 2 figure at the end of this chapter, shall be designed complying with the standards identified herein and bearing a logical relationship to topographic conditions and minimizing impacts on proposed open space, particularly with respect to crossing environmentally sensitive areas such as wetlands and farmlands, and traversing slopes exceeding 15%. Existing and future street connections are strongly recommended to create an interconnected street system that facilitates access to and from homes in different parts of tract and adjoining parcels and to eliminate new culs-de-sac. Culs-de-sac are not allowed unless they are required by unique natural features on the site or they support greater open space conservation or provide extensive pedestrian linkages.

(c) Step 3: location of house sites. Potential house sites shall next be located, as shown in the Step 3 figure at the end of this chapter, using the proposed open space lands as a base map as well as other relevant data on the Resource Analysis Map such as topography and soils. House sites should generally be located not closer than 100 feet from primary conservation areas and 50 feet from secondary conservation areas, taking into consideration the potential adverse impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.

(d) Step 4: drawing in the lot lines. Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots, as shown in the Step 4 figure at the end of this chapter.

F. Open space standards:

(1) The required open space land consists of a combination of primary conservation areas and secondary conservation areas as described in § 90-6E(2)(a). Primary conservation areas shall be included in the required open space area to the greatest extent practical. The proposed subdivision design shall strictly minimize disturbance of the environmentally sensitive resources of the primary conservation areas, and the applicant shall demonstrate that such features will be protected by the proposed subdivision plan. Secondary conservation areas shall be included in the required open space area to the greatest extent practical such that protecting these resources will, in the judgment of the Planning Board, achieve the purposes of this section.

(2) Open space lands shall be laid out in a manner consistent with the Town's Comprehensive Plan to better enable an interconnected network of open space and to enable potential connections within the Town's long-range trail networks, if any.

(3) Active agricultural land and associated agricultural buildings may be used to meet the minimum required open space land. Access to open space land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations. Land used for agricultural purposes shall be buffered from residential uses, either bordering or within the tract, by a minimum setback of at least 100 feet and may be extended by the Planning Board to 200 feet depending on the nature of the agricultural operations. No clearing of trees or understory growth shall be permitted in this setback (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Planning Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.

(4) Open space land should generally remain undivided and should be contiguous. No individual parcel of common open space shall be less than one acre except as to roadway median strips, traffic islands, walkways, trails, courtyards, village greens, play areas, recreation facilities, drainageways leading directly to streams, historic sites or unique natural features requiring common ownership protection.

(5) No portion of any house lot may be used for meeting the minimum required open space land unless such portion is permanently protected with a conservation easement in accordance with § 100-34E of the Town's Zoning Law.

(6) The minimum required open space land shall preferably consist of one lot or several adjacent and contiguous lots. Should a site contain more than one area appropriate for preservation of open space, then the open space area may consist of two or more areas comprised of two or more lots.

G. Recreation needs. In addition to the required open space, up to 10% of the total acreage may be required to be set aside for recreational use to meet the recreational needs of the residents of the proposed subdivision in accordance with § 90-5E of this chapter. Subject to acceptance by the Town Board, land may be deeded to the Town for recreational purposes. This acreage may be used to provide potential connections within the Town's long-range trail network or for other recreational needs of the Town. Where such dedication of land is not deemed appropriate, a recreational fee in lieu of land, as set forth in the Town's fee schedule, shall be imposed to accommodate the foreseeable recreational needs of the proposed subdivision's residents.

H. House lot standards. Development areas for the location of house lots include the necessary building envelope for each dwelling unit, constituting the remaining lands of the tract outside of the designated open space areas. House lots shall be designed in accordance with the following standards:

(1) House lots shall not encroach upon primary conservation areas, and their layout shall respect secondary conservation areas.

(2) All new dwellings shall meet the following setback requirements to the greatest extent practicable:

(a) From all existing road rights-of-way: 100 feet.

(b) From all other tract boundaries: 50 feet.

(c) From agricultural lands either bordering or within the tract: 100 feet to 200 feet in accordance with Subsection F(3) above.

(d) From buildings or barnyards housing livestock: 300 feet.

(e) From active recreation areas such as courts or playing fields (not including tot lots): 150 feet.

(3) Views of house lots from existing roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping.

(4) House lots shall generally be accessed from interior streets, rather than from roads bordering the tract. New intersections with existing public roads shall be minimized. Although two accessways into and out of subdivisions containing more than 12 dwellings are required for safety, proposals for more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow or unduly impact the environment.

(5) Setbacks for wells. If active agricultural lands constitute the open space, the minimum setback for wells from such active agricultural lands shall be 100 feet.

I. Streets and driveways.

(1) A pedestrian circulation and/or trail system shall be designed and installed sufficient for the needs of residents, in accordance with Chapter 89 of the Town of Lloyd Code and as otherwise deemed practical by the Planning Board.

(2) Conservation subdivision streets shall meet the Town Street Specifications, unless access arrangements have been made in accordance with § 280-a of the New York State Town Law. Where appropriate, the Planning Board shall work with the Highway Superintendent to ensure that the Town of Lloyd's Street Specifications, normally applicable to conventional subdivisions, do not impact or detract from the rural and environmental character of a conservation subdivision.

(3) New streets should align with existing intersections where possible.

(4) From an aesthetic and speed control perspective, curving roads are preferred in an informal rural conservation subdivision to avoid long straight segments. Shorter straight segments connected by bends of 90° and 135° are preferred in a more formal or traditional arrangement in the hamlet and in traditional neighborhoods.

(5) Road trees may be required, depending upon the open or wooded character of the parcel.

(6) The Planning Board shall consider the potential fiscal impacts on the Town's resources for all streets within the subdivision, including required drainage facilities, landscaping and other access-related features. If the Planning Board identifies a potential fiscal impact, as a condition of subdivision approval the Planning Board may require the formation or extension of a special improvement district(s) pursuant to the New York State Town Law or other mechanism acceptable to the Town Attorney, such as formation of a homeowners' association.

J. Ownership of open space land and common facilities. The following methods may be used, either individually or in combination, for ownership of open space land (exclusive of its conservation easement) and common facilities. Open space trails may be initially offered for dedication to the Town. Open space land and common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section. Ownership methods shall conform to the following:

(1) Fee simple dedication to the Town. The Town may, but shall not be required to, accept any portion of the open space land and common facilities.

(2) Homeowners' association. Open space land and common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in New York State regulations, and subject to review by the Town Attorney. The applicant shall provide the Planning Board with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions or common facilities.

(3) Private ownership. The required open space land may be included within one or more large "conservancy lots," provided that the open space is permanently restricted from future development, except for those uses listed in § 100-34E of the Zoning Law. This option may be preferable for open space land that is intended for agricultural, horticultural, or silvicultural use.

K. Maintenance. Unless otherwise agreed to by the Planning Board, the cost and responsibility of maintaining common open space and facilities shall be borne by the homeowners' association, conservation organization, private owner, or, in the case of open space and facilities deeded to the Town, the municipality.

L. Sewage treatment systems. The Town of Lloyd encourages shared or community sanitary sewage disposal systems for conservation subdivisions. Such systems may be located in the required open space lands such as on conservation meadows, village greens, and active or passive recreations areas, provided that such areas are not paved or covered with other impervious surfaces. Sanitary sewage disposal systems of an individual nature may also be located within or extend into required open space areas. Regardless of the type of subsurface sewage disposal methods employed, all required separation distances shall be observed, and the ownership and maintenance responsibilities associated therewith shall be clearly defined in agreements submitted for approval as part of the subdivision application. No application shall be approved that does not provide lot buyers with both the legal authority and the responsibility, individually or collectively, to maintain all sewer facilities on a continuing basis. This may include the creation of a special district under the New York State Town Law or County Law.

§ 90-7 Completion of improvements.

[Amended 10-12-2011 by L.L. No. 7-2011]

A. After adoption of a resolution by the Planning Board approving a subdivision plat, the applicant shall be required to complete all improvements specified in the resolution or to file adequate security as provided in §§ 89-15 and 55-10 of the Town Code. The developer shall also maintain such improvements for a period of one year from the date of their completion and, at the Town's option, file with the Town Board a security in an amount estimated by the Planning Board as sufficient to maintain such improvements for a period of one year as provided in § 90-8C hereof.

B. Said improvements shall be constructed in accordance with the terms of the Planning Board's resolution of approval to the standards specified in these regulations, or such other standards as the Planning Board may specify, to the satisfaction of the appropriate Town departments. Said improvements shall be completed within the periods set forth in § 55-10, 89-15, 90-4D(8) and any other applicable sections of the Town Code.

C. Posting of performance security. When the applicant files a performance security, such security shall comply with the requirements of the Town Law and Code, Chapter 55, Stormwater Management and Erosion and Sediment Control and Chapter 89, Article III, Road Specifications, and shall be posted prior to the signing of the subdivision plat. The amount of the security and the period within which the required improvements must be completed shall be conditioned on the satisfactory completion of all required improvements within such period, although the Planning Board may require that the security also be conditioned on the completion of certain phases of construction within such shorter period as may be specified in the Board's resolution. The security shall also provide that the road shall be maintained in all-weather passable condition if certificates of occupancy are issued during the term of the security under the provisions of this chapter.

D. Cost to be borne by applicant. All required improvements shall be made by the applicant, at his expense, without reimbursement by the Town or any district therein.

E. Failure to complete improvements.

(1) Where performance security is not posted, if the improvements are not completed within the period specified by the Planning Board in the resolution approving the subdivision plat, the approval shall be deemed to have expired. The applicant may reapply for approval of his proposed subdivision in accordance with these regulations. If the subdivision expires, is reapplied for and approved, the applicant shall submit all fees in place at the signing of the subdivision plat, regardless of whether the applicant paid fees at the original signing.

(2) Where performance security is furnished, if the improvements are not completed within the term of such performance security, and if no application for the extension of the security has been made by the applicant and approved by the Planning Board, the Town Board may thereupon declare said security to be in default, may collect on the security and utilize the funds to complete the improvements.

F. Inspection of improvements.

(1) The Town may employ an engineering inspector or authorize the Town Highway Superintendent or his authorized representative to inspect the required improvements during construction to assure their satisfactory completion, and the Building Department shall require a certificate from such official stating that all required improvements have been satisfactorily completed. The applicant shall pay the Town the costs of inspection before the subdivision plat is signed for filing. Such payment is to be paid to the Building Department.

(2) If the engineering inspector or Town Highway Superintendent or his authorized representative finds, upon inspection, that any of the required improvements have not been constructed in accordance with the land development regulations and the approved construction plans, the applicant and the provider of the security (i.e., surety) shall be severally and jointly liable for completing said improvements according to specifications.

(3) Road inspections.

(a) In the case of a new road or a change in an existing road, the work shall be inspected at the completion of each of the following four stages of construction by the Town Highway Superintendent or his duly authorized representative:

[1] Cutting of brush and trees, removal of stumps and all topsoil moved to roadside and stored; removal of any wet, unstable soil to any depth required until suitable subsoil (35 pounds per square inch) remains to form a firm base for a road bed.

[2] Rough grading and installation of road base and drainage ditches; culverts, headwalls, catch basins and other similar elements recommended by the Town Highway Superintendent or his authorized representative, not to be covered until examined by the inspector; side bands and shoulders graded as per specifications.

[3] Satisfactory pavement placed, crowned, rolled or compressed on the road bed; covering of headwalls and culverts and finished grading on shoulders and banks; placing of topsoil where necessary. The Town's inspector may require that test holes be dug in order to inspect pavement thickness and type.

[4] Oiling, cleaning up of shoulders, seeding of banks and installation of road signs.

[5] Road construction and inspection shall be conducted in multiples of 1,000 feet of road length. In certain instances, based on the dimensions of the subdivision plat, the Planning Board may permit road construction and inspection for distances less or greater than 1,000 feet.

(4) In order that these inspections may be made at the completion of each stage of construction, as specified above, the applicant shall notify the Building Department or the engineering inspector of the times when required inspections may be made. In general, inspections shall be made within two days following the day of notification, excluding holidays and weekends. No work shall proceed on the subsequent construction stage until the prior stage has been completed to the satisfaction of the Town's inspector. Any violation of this procedure may result in a complete stoppage of all construction.

(5) In order to facilitate the inspection procedure, all roads shall be staked during construction at each side of the road right-of-way, at intervals of approximately 50 feet, except where a shorter distance is required on curves, and each stake shall be marked with the appropriate station number consistent with the corresponding station number shown on the construction plans.

(6) Written certification shall be made to the Building Department by the Town's inspector at the completion of the abovementioned successive stages of work, stating the date of each inspection and the fact that the work, when inspected, was in accordance with the approved plans and specifications. A copy of each of the notices of certification shall also be transmitted to the Town Highway Superintendent.

(7) Final inspection and certification of construction.

(a) Upon completion of all improvements, the applicant shall notify the Building Department and the Town's authorized inspector and request a final inspection. Such request shall be accompanied by one of the following:

[1] Three copies of the construction plans and the subdivision plat, modified where necessary.

[2] Three copies of a new construction plan and plat.

(b) Either set of plans and plat shall show the actual location of the required improvements as constructed. Specifically, such plan and plat shall show:

[1] The center line of the right-of-way.

[2] The center line and edges of the traveled way at one-hundred-foot intervals and at points of curvature and tangency.

[3] Profiles of the finished surface of the traveled way at fifty-foot intervals along the center line.

[4] The locations of all catch basins and headwalls, by the plus and offset method, and the elevations of the top, the pipe invert and the sump invert.

[5] The locations of all culvert pipes, with length, diameter and material.

[6] The location of spilloffs.

[7] The location of paved gutters by plus stations.

[8] The center line and the edges of the traveled way at a turnabout; the location of the center of the turnaround; the elevation of the outer edges of the turnaround at each side and at each side and at the farthest end.

[9] The location of edges of pavement returns at road intersections.

[10] The location of all utilities furnished either by the applicant or by others.

[11] The grades of all slopes along the road.

[12] The amount of road crown by gutter and center-line grades.

[13] The location of all monuments.

[14] The location of drainage easements.

[15] Such plan and plat shall bear a dated certification by a licensed surveyor or professional engineer to the effect that the data shown thereon was accurately determined by field survey. The Town's inspector shall make his inspection and submit his report thereon to the Building Department. He shall include the modified plans with his comments.

§ 90-8 Certificates of compliance for structures fronting on bonded roads.

A. Conditions for the issuance of certificates. When a certificate of compliance or certificate of occupancy is desired to permit occupancy of a structure in a subdivision in which the improvements are guaranteed by a performance security, such a certificate may be issued, provided that the provisions of the Zoning Code have been met. A certificate of compliance may be issued when all of the following have been completed:

(1) The improvement of the road giving access to the structure shall have progressed to a stage deemed adequate by the Building Department and the Town Highway Superintendent for vehicular access by the occupant and by fire and police equipment.

(2) Written agreements providing for continuous road maintenance have been furnished.

(3) A written report to this effect shall have been submitted by the Planning Board to the Building Department.

B. Degree of improvement required. A bonded road, or portion thereof, shall be deemed suitably improved when the following stages have been completed, in accordance with the construction plans and specifications approved by the Planning Board and Town Highway Superintendent on the new road or on that portion of the new road between existing, improved road and the driveway on the lot for which a certificate of compliance is required:

(1) The right-of-way has been cleared, stripped and graded.

(2) All storm drainage facilities have been constructed and installed.

(3) All shoulders have been constructed.

(4) The traveled way has been improved with gravel pavement in accordance with these regulations.

(5) Both on grades of 5% or more and within 150 feet of an intersection with an existing concrete or bituminous surfaced road, two-inch asphaltic concrete shall be applied, in accordance with these regulations, to the surface of said gravel pavement.

C. Maintenance agreements required.

(1) Before final plat approval, the Planning Board shall require that the applicant present written agreements or other documents, satisfactory to the Town Attorney, providing for and fixing responsibility for the maintenance of the bonded road in all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of compliance and the acceptance of the fully completed road as a Town road by the Town Board. Such maintenance responsibility shall also include adjoining roads wherein the applicant has or will have done any construction work in connection with said subdivision. The Planning Board will forward all agreements to the Building Department.

(2) Failure to maintain road. In the event that, when proceeding under Subsection C(1) above, said roads are not continuously maintained in all-weather passable condition, the Town's inspector shall notify the applicant, in writing (certified mail, return receipt requested), as to the nature of the deficiency and the action necessary to return the road to such condition. During the term of the performance security, failure of the applicant to proceed with effective remedial action within 24 hours in the case of surface condition maintenance or within 48 hours in the case of road construction maintenance, following the mailing of such written notice, shall be cause for the Town's inspector, upon authorization by the Town Board, to have the necessary work done. The charges for such work shall be reimbursed out of the performance security required by these regulations.