[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Editor's Note: This local law also repealed the former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.
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.
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.
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.
See § 100-13C of the Town Code.
The preferred area(s) for development which are identified
once the resource analysis and concept discussion on a property has
been completed.
A road which serves or is designed to serve as an access
to abutting business properties.
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.
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.
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."
Land that is or has been used in agricultural production
which has been preserved in perpetuity with a conservation easement.
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.
A road or a portion of a road with only one vehicular traffic
outlet. Also known as a "cul-de-sac."
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
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.
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.
A road intended to serve primarily as an access to abutting
residential properties.
A parcel of land intended for transfer of ownership or building
development.
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.
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.
The Town Planning Board of The Town of Lloyd.
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.
A New York State licensed professional engineer.
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
A state or a municipal corporation as that term is defined in
§ 2 of the General Municipal Law.
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.
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.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The horizontal distance between property lines measured at
right angles to the center line of the road.
A road which serves or is designed to serve as a route connecting
different parts of the Town.
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]
Article 8 of the New York State Environmental Conservation
Law and the regulations promulgated thereunder found at 6 NYCRR Part
617.
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.
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.
A freehand sketch made on a topographic survey map showing
the proposed subdivision in relation to existing conditions.
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.
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.
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.
The land so subdivided or proposed to be subdivided.
A parcel divided by an existing Town road.
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.
A professional engineer retained by the Town of Lloyd to
provide professional engineering services.
That person appointed by the Town Board to inspect improvement
construction in new subdivisions.
NYSDEC-designated wetlands; federal wetlands regulated by
the U.S. Army Corps of Engineers; and any locally protected wetlands.
The officially adopted Zoning Law of the Town of Lloyd, together
with any and all amendments.[2]
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.
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:
(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.
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.
(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.
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.
(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.
(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.
| ||
|---|---|---|
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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."
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.
(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.
(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.
[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:
(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.
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.
