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.
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.
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.
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.
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]
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 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.
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.
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 and County Health Department regulations, and in providing
driveway access to buildings on such lots from an approved road.
(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, shall be placed in a manner and location approved by the
Planning Board.
(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
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(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.
[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.