[HISTORY: Adopted by the Town Board of the Town of Frankfort
8-64. Section 76-6C added and §§ 76-6D, 76-7D, 76-16
and 76-24B amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
By authority of the Resolution duly adopted by the Town Board
on July 23, 1962, pursuant to the provisions of Article 16 of the
Town Law, and acts amendatory thereto, the Town Board authorized and
empowered the Planning Board of the Town of Frankfort to approve or
disapprove:
A.
Changes in the lines of existing streets, highways or public areas
shown on subdivision plats or maps filed in the County Clerk's
office.
B.
The laying out of, closing off or abandonment of such streets, highways
or public areas under and subject to the provisions of the town and
highway laws.
C.
All plats showing lots, blocks or sites with or without streets or
highways; and to pass and approve the development of plats already
filed in the County Clerk's office if such plats are entirely
or partially undeveloped; and to control subdivisions.
These regulations are enacted for the following purposes and
for such other or further purposes as may be authorized by law to:
A.
Provide for the future growth and development of the town.
B.
Afford adequate facilities for the housing, transportation, distribution,
comfort, convenience, safety, health and welfare.
C.
Show, in proper cases, a park or parks suitably located for playground
or other recreational purposes.
D.
Require that the streets and highways shall be of sufficient width
and suitable grade and shall be suitably located to accommodate the
prospective traffic, to afford adequate light and air, to facilitate
fire protection and to provide access of fire-fighting equipment to
buildings.
F.
Find that the land shown on such plats shall be of such character
that it can be used safely for building purposes without danger to
health or peril from flood, fire or other menace.
For the purpose of these regulations, which shall be known as
and may be cited as the "Town of Frankfort Subdivision Regulations,"
certain words used herein are defined as follows:
The duly appointed Planning Board of the Town of Frankfort.
The final map or drawing on which the plan of subdivision
is presented to the Board for approval, and which, if approved, will
be submitted to the County Clerk for filing.
A comprehensive plan prepared for and by the Board pursuant
to Article 16, which plan indicates the general locations recommended
for the various public works, places and structures and for the general
physical development of the Town of Frankfort, and includes any unit
or part of such plan separately adopted and any amendment to such
plan or parts thereof.
The map established by the Town of Frankfort pursuant to
§ 270 of the Town Law showing the streets, highways and
parks theretofore laid out, adopted and established by law and any
amendments thereto adopted by the Town of Frankfort or additions thereto
resulting from the approval of subdivision plats by the Board and
the subsequent filing of such approved plats. Streets not accepted
by the Town Board as public streets may be shown thereon but shall
be marked as private streets.
The preliminary drawing or drawings indicating the proposed
manner or layout of the subdivision and width of proposed streets
to be submitted to the Board for its consideration.
A public or private way for vehicular traffic.
Arterial streets and highways are those which are used primarily
for traffic with limited access.
Major streets are those which carry traffic from minor streets
to the business and industrial districts.
Minor streets are those which are used primarily for access
to abutting residential properties. A cul-de-sac is a minor street
with only one outlet and having a turning loop or Y at the closed
end.
Frontage roads are generally parallel with and adjacent to arterial
streets and highways; and provide access to abutting properties and
protection from through traffic.
Alleys are minor ways which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
The division of any parcel of land into three or more lots,
plots, sites or other division of land, for the purpose, whether immediate
or future, of transfer of ownership or building development, and shall
include resubdivision in whole or in part of any plat, filed or unfiled,
which is entirely or partially undeveloped.
Whenever any subdivision of land as herein before defined is
proposed to be made, the subdividing owner thereof, or his agent,
shall apply in writing to the Board for approval of such subdivision.
There shall first be filed with the Board a preliminary plan or layout
of the entire property for conditional approval and subsequently thereto
a final plat, as hereinafter specified.
Prior to the filing of an application for conditional approval
of a preliminary layout, the subdivider, his agent or engineer, may
appear and submit general site information and data regarding existing
conditions, a location map and a sketch plan with a request for informal
consideration by the Board and for an expression of its views. No
formal application is thereby required. The purpose of such appearance
and submission of information and data is primarily to afford the
subdivider an opportunity to consult informally and at an early stage
with the Board with the view toward conserving the time and expense
of the subdivider and creating mutual opportunities of the parties
for the achievement of a desirable subdivision in the public interest.
A.
On reaching conclusions regarding the general program and objective
following the preapplication appearances, if any, the subdivider shall
cause to be prepared a preliminary layout, together with the following
supplementary or supporting material:
(1)
Topographic data on the tract and existing drainageways.
(2)
Tract boundary lines, tract area and street layout.
(3)
Name and right-of-way width of each street or other right-of-way.
(4)
Utilities on and adjacent to the tract.
(5)
Location, dimensions and purpose of any easements.
(6)
Number to identify each lot and letter to identify each block.
(7)
Purpose for which sites, other than residential lots, are dedicated
or reserved.
(8)
Minimum setback line on all lots and other sites.
(9)
Names of owners of record of adjoining unplatted land.
(10)
Site data, including number of residential lots, typical lot size,
linear feet of streets, acres in parks, etc.
(11)
Title, scale, North arrow and date.
B.
Four copies of the preliminary layout and supplementary material
so required shall be submitted to the Board with written application
for conditional approval not less than seven days prior to a regularly
scheduled meeting.
C.
Within 45 days after the receipt of such preliminary plat by the
Clerk of the Planning Board, the Planning Board shall hold a public
hearing, which hearing shall be advertised at least once in a newspaper
of general circulation in the town at least five days before such
hearing.[1]
D.
The Board shall, within 45 days after such hearing conditionally
approve or disapprove the preliminary layout and other material as
submitted or modified; and the Board shall notify the subdivider,
in writing, of its action. If conditionally approved, the Board shall
state the conditions of such approval; or if disapproved, shall notify
the subdivider of the reasons thereof.[2]
A.
The final plat shall conform substantially to the preliminary plan
as conditionally approved. If desired by the subdivider, the final
plat may constitute only that portion of the approved preliminary
plan which he proposes to record and develop at the time; provided,
however, that such portion conforms to all requirements of these regulations.
B.
Application for approval of the final plat and other material required
for approval shall be submitted to the Board by filing the plat and
such other material with the Secretary of the Board at least 10 days
prior to the regular monthly meeting, at which time it is to be considered.
C.
Four copies of the final plat and other material required for approval
shall be submitted to the Board within six months after conditional
approval of the preliminary layout; otherwise such conditional approval
shall become null and void unless an extension of time is applied
for and granted by the Board.
D.
The Board shall within 45 days from and after the time of filing hold a public hearing as described in § 76-24B of these subdivision regulations for the approval, modification and approval or disapproval of the final plat. The Board shall approve or disapprove the final plat as submitted or modified within 45 days from and after the hearing and the Board shall notify the subdivider, in writing, of its action. Approval, however, shall not be deemed final until the subdivider has complied with § 76-23B(3) with respect to certifications that required improvements have been completed or bond or other security satisfactory to the Board has been posted in lieu thereof in accordance with the provisions of § 277 of the Town Law and shall have filed the final plat with the County Clerk within 60 days after approval; otherwise such approval shall expire as provided by § 276 of the Town Law, and shall become null and void unless an extension of time is applied for and granted by the Board, pursuant to law.[1]
E.
The subdivider will be required to tender offers of cession in form
approved as satisfactory by the Attorney of all sewers, drains, surface
drains, waterlines and all land included in streets, parks or other
public areas, not specifically reserved as shown on the final plat,
but approval of the final plat shall not constitute acceptance by
the Town Board of the dedication of such facilities without formal
acceptance by the Town Board. This subsection shall not apply to corporations
operating under the Transportation Act.
A filing fee of $1 per lot, with a minimum of $20 per plat shall
be paid to the Town Clerk for credit to the account of the Planning
Board in the general fund when the final plat is filed with the Board
for final approval.
A.
The arrangement, character, extent, width, grade and location of
all streets shall conform to the Master Plan and to the Official Map,
if any, and shall be considered in their relation to existing and
planned streets, to topographical conditions, to public convenience
and safety, and to the proposed uses of the land to be served by such
streets.
B.
The arrangement of streets in a subdivision shall either:
C.
Minor streets shall be so laid out that their use by through traffic
will be discouraged.
D.
Where a subdivision abuts or contains an existing or proposed arterial
street or railroad, the Board may require a frontage street, reverse
frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots with rear service alleys or
such other treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and local
traffic.
E.
Reserve strips controlling access to streets, water mains, sewage
mains, lines or treatment plants or other land dedicated or to be
dedicated to public use shall be prohibited unless control thereof
is expressly placed in the town under conditions approved by the Town
Board.
F.
Street jogs with center-line offsets of less than 150 feet shall
be avoided.
G.
A tangent between reverse curves on arterial and major streets shall
be 100 feet minimum; on minor streets, 50 feet minimum, in length.
H.
Streets shall be laid out so as to intersect as nearly as possible
at right angles and no street shall intersect any other street at
less than 75°.
I.
Street right-of-way width shall not be less than 60 feet, except
that a minor residential street right-of-way width may be not less
than 50 feet.
J.
Cul-de-sac streets shall not be longer than 500 feet and shall be
provided at the closed end with a turnaround having an outside roadway
diameter of at least 80 feet, and a street property line diameter
of at least 150 feet. A Y may be used, provided that a turning area
60 feet wide and 60 feet deep shall be provided. Dead-end streets
shall not be permitted except as provided herein.
K.
No street or highway names shall be used which will duplicate or
be confused with the names of existing streets or highways in the
village or town. Street names shall be subject to the approval of
the Board.
L.
Street grades shall be not less than 0.5%, nor more than 10%.
The minimum width of an alley shall be 20 feet, if provided.
A.
Adequate easements centered on rear or side lot lines shall be provided
for utilities where necessary. An easement width of 15 feet is required.
B.
Where a subdivision is traversed by a watercourse, drainageway, channel,
or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the lines of such watercourse,
and such further width or construction, or both, as will be adequate
for the purpose and as determined by the Town Board.
A.
Blocks.
(1)
The lengths, widths and shapes of blocks shall be determined with
due regard to:
(a)
The type of development proposed.
(b)
Zoning requirements as to lot sizes and dimensions.
(c)
Need for convenient access, circulation, control and safety
of street traffic, with particular attention to limitation of the
number and location of points of ingress or egress.
(d)
Limitations and opportunities of topography.
(2)
Block lengths shall not exceed 1,200 feet, nor be less than 600 feet.
B.
A pedestrian right-of-way, not less than 12 feet wide, in addition
to any street, shall be provided where deemed essential by the Board
to provide safe circulation, or access to schools, playgrounds, parks,
shopping centers, transportation and other community facilities.
A.
The lot size, width, depth, shape and orientation, and the building
setback lines shall be appropriate for the location of the subdivision,
topographical conditions and for the type of development and use contemplated.
B.
All lots shall have area and width equal to minimum requirements
of the zoning regulations applying to the district in which they are
located.
C.
Corner lots for residential use shall have extra width to permit
appropriate building setback from and orientation to both streets.
D.
The subdividing of land shall be such as to provide each lot with
frontage on an improved street, with satisfactory access to an existing
public street.
E.
Every street shown on the plat that is hereafter filed or recorded
in the office of the County Clerk shall be deemed to be a private
street until such time as it has been formally offered for cession
to the public and formally accepted as a public street by resolution
of the Town Board; or alternatively until it has been condemned by
the municipality for use as a public street.
F.
Double frontage lots should be avoided.
G.
Side lot lines shall be substantially at right angles or radial to
street lines.
H.
Off-street parking space shall be required for all uses. In the case
of dwellings, at least 180 square feet of off-street parking space
per dwelling unit shall be provided back of the building setback line,
plus access drive and maneuvering space.
A.
Street layout, block grading, and lot grading data shall be shown.
The objective is to establish the street grades, floor elevations
and lot grades in proper relation to each other and to existing topography,
considering property protection, appeal, use and drainage. The developer
shall allow no holes, depressions or other undrained areas to remain.
B.
Storm and surface water drainage shall be designed for the tract
in relation to drainage area above the tract and drainage outlets
into adjacent tracts. Drainage structures and facilities shall be
installed as necessary to assure adequate drainage for the tract and
drainage easements shall be provided where necessary.
Where a proposed park, playground, school or other public use
shown in the Master Plan, or not anticipated in such Master Plan,
is located in whole or in part in a subdivision, such area shall either
be dedicated to the proper public agency; or it shall be reserved
for acquisition by such agency within a specified period by purchase
or other means and an agreement shall be entered into between the
subdivider and the public agency regarding the time and method of
acquisition, and the cost thereof. If the Planning Board determines
that a suitable park or parks of adequate size cannot be located in
any such plat or is otherwise not practical, the Board may require
as a condition to approval of any such plat such other or further
conditions as may be authorized by law.
Prior to or not later than 180 days after the date of the resolution
granting conditional approval, the subdivider shall have installed
or shall have furnished adequate bond or other security for the installation
within a specified time of the required improvements listed and described
in this section. All of the required improvements shall be made in
full compliance with the specifications for each of the various units
of work, as required by the municipality, or the state and county
health authorities, according to the nature of the improvements.
The tract boundary lines, and the lines of all streets or roads
shall be monumented with concrete, stone or iron monuments with monument
caps. Individual properties shall be monumented with iron pins or
pipe.
A.
Subgrade by developer.
(1)
All topsoil shall be removed from the area 18 feet on each side of
the center line, unless a fill of three feet or more is required.
Fills must be made with material approved by the Engineer or Highway
Superintendent and shall be placed in layers not over six inches thick
and each layer shall be properly rolled. All muck, quicksand, spongy
material and any other objectionable material shall be removed.
(2)
The subgrade of all streets and roads shall be graded as follows:
The center portion, 18 feet on each side of the center line shall
be 14 inches below the finished grade, as shown on the street profile.
After it has been properly shaped, it shall be thoroughly rolled and
compacted. Drainage ditches shall be provided on each side of the
road, the center line of which shall be 21 feet from the center of
the road. Ditches shall be at least 18 inches deep, one-foot wide
at the base, with slopes one-foot vertical to 1.5 feet horizontal.
The grade of the outside area or sidewalk and planting strip section
shall in no case be lower than the crown of the pavement nor more
than eight inches above the crown. No gravel or stone is to be placed
on the subgrade until the subgrade is approved by the Engineer or
Highway Superintendent.
B.
Base course by developer.
(1)
The thickness and method of constructing the base course may vary,
depending upon the amount of traffic anticipated, the type of material
used and the condition of the subgrade. All materials and construction
procedure shall be subject to the approval of the Town Board, and
shall comply with current construction and material specifications
of the New York State Department of Public Works.
(2)
A base course, consisting of not less than 12 inches of compacted
stone or gravel approved by the Engineer or Highway Superintendent
shall be installed. Street and road culverts shall be installed by
the developer where necessary. Driveway culverts shall not be less
than 12 inches in diameter and 20 feet in length and shall be corrugated
metal or reinforced concrete; installation to be approved by the Engineer
or Highway Superintendent. Where there is no natural stream or watercourse
for the drainage of surface water from the proposed street or road,
the developer shall secure rights-of-way and construct ditches or
install stormwater sewers to a natural waterway or as the Town Board
directs.
C.
Surface course. The surface course shall be as specified by the Town
Board. The developer shall pay to the town general fund the sum of
$2 per linear foot toward the cost of applying a hard surface pavement
thereon.
D.
Curbs and gutters.
(1)
Where curbs exist on abutting properties, their extension by the
developer will ordinarily be required throughout the proposed subdivision.
(2)
Where curbs are not required, adequate gutters shall be graded and
protected by seeding or appropriate surfacing by the developer.
(3)
Concrete curbs shall be wall-type, six inches by eight inches by
18 inches and shall comply with current construction and material
specifications of the New York State Department of Public Works, Item
97.
(4)
Asphaltic concrete curbs shall be approved by the Town Board.
E.
Sidewalks. The Town Board may require such sidewalks as it deems
necessary to provide for the safety of pedestrians. Concrete sidewalks,
at least four feet wide and four inches thick, shall comply with the
current construction and material specifications of the New York State
Department of Public Works, Item 105.
The developer shall connect each lot at the property line with
the public water supply, if available. Neighborhood water supply systems,
where provided, must conform to standards and inspection by the New
York State Department of Health.
If, in the opinion of the Board, a subdivision can be reasonably
served by the extension of a public sanitary sewer or by a neighborhood
system, the developer shall provide sanitary sewers and laterals for
each lot for such service. Where public or neighborhood sanitary sewers
are not feasible, the developer shall provide and install an individual
system for each lot in accordance with state and local requirements
upon specific approval by the Town Board.
Electrical service, gas mains, water and sewer mains and other
available utilities shall be provided by the developer within each
subdivision prior to acceptance of the gravel base and surface course
by the Street Superintendent. No cuts shall be made in the gravel
thereafter without permission from the Town Board, and whenever such
permission is given, the developer shall restore the surface of the
road to its previous condition to the satisfaction of the Superintendent
of Highways. In all cases where possible, the developer shall first
install any necessary sewer laterals, gas and water laterals to the
edge of the road for each lot on the plan before gravel is applied.
A.
Street trees shall be planted by the developer. The location and
type of trees shall be approved by the Board.
B.
Planting strips. The area between the gutter and the property line
shall be seeded by the developer, maintained by the owner.
C.
Street name signs shall be installed by the municipality.
D.
When so required by the Board, a planting screen easement not less
than 10 feet wide, across which there shall be no right of access,
may be required along the line of lots between the subdivision and
industrial, commercial, major street, railroad and other similar uses.
A.
The final plat shall be drawn at a scale of 100 feet to one inch
or larger [preferred scale of 40 feet to one inch]. The final plat
shall show the following:
(1)
Topographic data on the tract, related to bench mark approved by
the Engineer or Highway Superintendent.
(2)
Tract boundary lines with bearings and distances, tract area, right-of-way
lines of streets, easements and other rights-of-way and property lines
of residential lots and other sites; with accurate dimensions, bearings
or deflection angles, radii and central angles of all curves.
(3)
Name and right-of-way width of each street or other right-of-way.
(4)
Utilities on and adjacent to the tract; location, size and invert
elevation of sanitary and storm sewers; location and size of water
mains; location of gas lines, fire hydrants, electric and telephone
poles.
(5)
Location, dimensions and purpose of any easements.
(6)
Number to identify each lot and letter to identify each block.
(7)
Purpose for which sites, other than residential lots, are dedicated
or reserved.
(8)
Minimum setback line on all lots and other sites.
(9)
Location and description of monuments.
(10)
Names of owners of record of adjoining unplatted land.
(11)
Reference to recorded subdivision plats of adjoining platted
land by record name, date and number.
(12)
Certification by surveyor or engineer as to accuracy of survey
and plat.
(13)
Certification of title showing that the applicant is the landowner.
(14)
Statement by owner as to dedicating streets, rights-of-way and
any sites for public uses.
(15)
Site data, including number of residential lots, typical lot
size, linear feet of streets, acres in parks, etc.
(16)
Title, scale, North arrow and date.
(17)
Cross sections and profiles of streets showing approved grades
shall be provided.
B.
The following shall also be submitted to the Board:
(1)
Offers of cession for dedicating streets, easements, right-of-way
and any sites for public uses; agreements covering the improvements
and maintenance of unceded public open spaces and the conditions and
limitations, if any, which offers and agreements, if any, shall be
subject to the prior approval of the Town Attorney.
(2)
Protective covenants in form for recording.
(3)
Written statement by the Town Attorney:
(a)
Certifying that the required improvements have been completed
or bond satisfactory in form and sufficiency to the town has been
posted in lieu thereof in accordance with the provisions of Section
277 of the Town Law, and that the applicant or subdivider is the landowner;
and
(b)
Approving as to legal sufficiency all offers of cession, agreements
regarding improvements and maintenance of public open spaces, if any.
(4)
Other data. Such other certificates, affidavits or other agreements
as may be required by the Board in the enforcement of these regulations.
A.
Variances.
(1)
Hardship. Where the Board finds that practical difficulty or extraordinary
hardship, because of exceptional narrowness, shallowness or shape
of the specific parcel, or because of unusual topographic conditions
or other unusual physical conditions of the specific parcel may result
from strict compliance with these regulations, it may grant a variance
from the regulations in the specific case, so that substantial justice
may be done and the public interest is secured, provided that such
variation will not have the effect of nullifying the intent and purpose
of the Master Plan or these regulations. In granting a variance, the
Board may require such conditions as will, in its judgment, secure
substantially the objectives of the subdivision regulations.
(2)
Large scale development. The standards and requirements of these
regulations may be modified by the Board in the case of a plan and
program for a complete new community, planned neighborhood, or cluster
development, which in the judgment of the Board provides adequate
public spaces and improvements for the circulation, recreation, light,
air, and service needs of the tract when fully developed and populated,
and which also provides such covenants or other legal provisions as
will assure conformity to and achievement of the plan.
