Town of Mount Morris, NY Subdivision Regulations

Discussion of requirements and classification. Before preparing the preliminary plat, the applicant shall discuss with the Planning Board or its representative the requirements of land, street improvements, drainage, sewerage, water, fire protection and similar aspects as well as the availability of existing services. Classification of the proposed preliminary plat is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that minor subdivision comply with all or some of the requirements specified for major subdivisions in these regulations.

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

Be made on forms available at the office of the Municipal Clerk.

Include all land which the applicant proposes to subdivide as well as all lands owned by the applicant adjacent to the area proposed for subdivision.

Be accompanied by three copies of the preliminary plat, as described in § A51-6A of these regulations.

Comply in all respects with § A51-4 of these regulations and with the provisions of §§ 276 and 277 of the Town Law, except where a modification may be specifically authorized by the Planning Board.

Be accompanied by a fee of $25, plus $2 for each lot within the subdivision proposed for approval at least two weeks before the next regularly scheduled Planning Board meeting. The minimum shall be $33. If the applicant subsequently elects not to file an application for approval of a subdivision plat, none of the fee shall be returned.

Study of preliminary plat. 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 streets, 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 and the Official Map as they may be adopted.

Applicant to attend Planning Board meeting. The applicant should be prepared to attend the next regular meeting of the Planning Board and any subsequent meetings deemed necessary by the Chairman of the Planning Board to discuss the preliminary plat.

Required changes for conditional approval. Within 45 days after the time of submission of a preliminary plat, the Planning Board shall hold a public hearing, and within 45 days of the public hearing, the Planning Board shall take action to conditionally approve, with or without modifications, or disapprove such preliminary plat, and the ground of any modification required or the ground for disapproval shall be stated upon the records of such Planning Board. Failure of said Planning Board to act within such forty-five-day period shall constitute a conditional approval of the preliminary plat.

[Amended 6-12-1997]

Subdivision plat.

Application procedure. Within six months of the conditional approval of the preliminary plat, the applicant shall file with the Planning Board an application for approval of a subdivision plat. The application shall:

Be made on forms provided by the Planning Board at the time of conditional approval of the preliminary plat.

Include the entire subdivision.

Be accompanied by three copies of the subdivision plat and the construction detail sheets as described in § A51-6B of these regulations.

Comply in all respects with the preliminary plat as conditionally approved.

Be presented to the Chairman of the Planning Board at least two weeks prior to a regular meeting of the Board in order that a public hearing may be scheduled and the required notice given.

Official submittal 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.

Endorsement of State Health Department. The proposed subdivision plat shall be properly endorsed by the State Health Department as meeting the standards of the State Sanitary Code, Public Health Law or other applicable health codes before any public hearing is scheduled. The plat should be in final form before State Health Department approval.

The Planning Board will also, if the county has established a County Official Map, notify the Livingston County Planning Board and the County Superintendent of Highways or Commissioner of Public Works if the subdivision plat proposes structures or new streets having frontage on, access to or is otherwise directly related to any county road, existing or proposed, as shown on the County Official Map. The County Planning Board reports to the Planning Board within 30 days on its approval or disapproval, subject to stated conditions of the proposed subdivision plat. The plat may be approved by the Town subject to stated conditions, notwithstanding such report when the application of such report will act to deprive the owner of the reasonable use of his land.

Public hearing. Before the Planning Board acts on any subdivision plat, it shall hold a public hearing thereon within 45 days after the time of official submittal date in accordance with § 276 of the Town Law; provided, however, that when the Planning Board deems the subdivision plat to be in substantial agreement with a preliminary plat approved under Subsection A and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive requirement for such public hearing. If any zoning changes are to be requested at the time of approval of the subdivision plat, a public hearing thereon must be held in accordance with § 281 of the Town Law. The two public hearings may be held at the same time.

[Amended 6-12-1997]

Action on proposed subdivision plat. After careful study, the Planning Board shall, within 45 days from the public hearing on the subdivision plat, approve, modify or disapprove such plat. 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.

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.

Signing of plat.

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 Mount Morris, New York, on the day of __________, 20_____, subject to all requirements and conditions of said resolution. Any change, erasure, modification or revision of this plat, as approved, shall void this approval. Signed this _____ day of _____ 20_____, by __________

In the absence of the Chairman or Secretary, the Acting Chairman or Acting Secretary, respectfully, may sign in his place. If there is a County Official Map, such endorsement shall stipulate that the plat does not conflict with the County Official Map or, in cases where the plat does front on or have access to or is otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved by the County Planning Board in the manner specified by § 239-k of the General Municipal Law.

Required improvements and agreements.

Improvements and performance bond. Prior to an action by the Planning Board approving a subdivision plat, the applicant shall be required to complete, in accordance with the Planning Board's decision and to the satisfaction of the appropriate Town department, all the street, sanitary and other improvements specified in the action approving said plat or, as an alternative, to file with the Town Board a performance bond in an amount estimated by the Planning Board to secure to the Town the satisfactory construction and installation of the incompleted portion of the required improvements. A period of one year, or such other period as the Planning Board may determine appropriate, within which required improvements must be completed, shall be specified by the Planning Board and expressed in the bond. Such performance bond shall comply with the requirements of § 277 of the Town Law and shall be satisfactory to the Town Board as to form, sufficiency and manner of execution. The bond shall be retained for a period of one year after the date of completion of the required improvements to assure their satisfactory condition. All required improvements shall be made by the applicant at his expense without reimbursement by the Town or any district therein. Said improvements shall include the following:

Streets and streetlighting facilities.

Street signs.

Curbs and gutters.

Grass curb strips.

Sidewalks.

Street shade trees.

Monuments.

Stormwater runoff system.

(i)

Sanitary sewage collection system.

(j)

Water supply system.

(k)

Park and recreation facilities.

(l)

Electrical, telephone and utility lines.

(m)

Plantings and ground cover.

Inspection of improvements. The Town shall employ an inspector to act as agent to the Planning Board for the purpose of assuring the satisfactory completion of improvements required by the Planning Board and shall determine an amount sufficient to defray costs of inspection. The applicant shall pay the Town costs of inspection before the subdivision plat is signed for filing. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with the Planning Board recommendations or the approved construction detail sheet, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.

Offers of cession and release.

The plat shall be endorsed with the necessary agreements in connection with required easements or releases. Offers of dedication to the Town shall be presented prior to plat approval.

Formal offers of dedication to the Town of all streets and parks not marked on the plat with notation to the effect that such dedication will not be offered shall be filed with the Planning Board prior to plat approval. If the owner of the land or his agent who files the plat does not add as part of the plat a notation to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public, the filing of the plat in the office of the County Clerk or register shall constitute a continuing offer of dedication of the streets, highways or parks or any of them to the public, and said offer of dedication may be accepted by the Town Board at any time prior to revocation of said offer by the owner of the land or his agent.

Before final approval of the subdivision plat, the Planning Board will require a certificate of approval from the Town Attorney as to the legal sufficiency of the offers of cession by the subdivider of the areas for public use such as parks, streets, playgrounds and other areas.

Filing of approved subdivision plat. Upon completion of all requirements set forth in the action approving the subdivision plan and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board and may be filed by the applicant in the office of the Livingston County Clerk. Any subdivision plat not so filed and recorded within 60 days of the date upon which said plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void unless within such sixty-day period, a section of such plat shall have been filed by the applicant with the Livingston County Clerk. In the event that the owner shall file only a section of the approved plat in the office of the Livingston County Clerk, the entire approved plat shall be filed within 30 days of the filing of such section with the Town Clerk. Such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of § 265-a, Subdivision 2, of the Town Law. The applicant shall provide the Municipal Clerk with a copy of the plat certified by the Livingston County Clerk as to being the true and certified copy of said plat on file in the county office.

[Amended 6-12-1997]

Resubdivision. For a resubdivision, the same procedure, rules and regulations apply as for a subdivision.

Public streets, parks and playground areas. 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 street, 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. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or is otherwise not practical, the Board may require, as a condition to approval of any such plat, a payment to the Town of a sum to be determined by the Town Board, which sum shall constitute a trust fund to be used by the Town Board exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. The Planning Board may 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, as well as a written agreement covering the maintenance and plowing of all streets within the subdivision until such time as they are accepted for public maintenance by the Town Board.

Time of construction. Upon posting of the performance bond in accordance with Subdivision C(1) and after approval and filing of the subdivision plat, the subdivider may initiate land sales and construction of the subdivision itself.

§ A51-4 Development standards.

The Planning Board, in considering an application for the subdivision of land, shall be guided by the following considerations and standards:

General.

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.

Conformity to Official Map and Comprehensive Plan. Subdivisions shall conform to the streets and parks shown on the Official Map as may be adopted and shall be properly related to the Comprehensive Plan as it is developed and adopted by the Planning Board.

Design standards.

Streets. The following regulations shall govern the layout of streets:

Subdivisions shall be so designed as to provide a street pattern which shall be based upon residential or minor street pattern connected to a residential collector street system.

The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas, or their proper protection where adjoining land is not subdivided, at the same or greater width insofar as such is deemed necessary for public requirements.

When a subdivision abuts or contains an existing or proposed major arterial street, the Planning Board may require marginal access streets, 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 or residential properties and to afford separation of through and local traffic.

Local residential streets shall be designed so as to discourage through traffic.

All right-of-way street widths and street pavements shall be measured at right angles or radial to the center line of the street and shall not be less than the following:

Street Type	Right-of-Way (feet)	Pavement Width (feet)
Arterial street	66	24
Collector street	66	24
Local residential street	50	22
Marginal service street	50	22

(f)

Whenever possible, streets should intersect at right angles and not intersect at angles of less than 60° unless approved by the Planning Board.

(g)

The grades of streets shall be in accordance with specifications established by the Town Engineer, and such grades as submitted on subdivision plats shall be approved by him prior to final approval by the Planning Board.

(h)

All street right-of-way lines at intersections shall be rounded by curves of at least twenty-foot radii, and curbs shall be adjusted accordingly.

(i)

All proposed subdivisions shall be designed to provide access to adjacent properties. When a proposed subdivision abuts an existing subdivision, the subdivider shall make every attempt to design the street system of the proposed subdivision to connect with dead-end or stub streets of the existing subdivision.

(j)

The following standards shall apply to cul-de-sac streets:

[1]

A cul-de-sac should be located, if possible, so that it drains toward its entrance.

[2]

Unless there is the expectation of extending the street through to the adjoining property, a cul-de-sac street should never be brought to the property boundary line but should be placed so that the lots can back on the property line of the subdivision.

[3]

No cul-de-sac shall exceed 500 feet in length.

[4]

All culs-de-sac shall have a turnaround at the end of the street which shall have a right-of-way radius of 60 feet and pavement radius of 50 feet.

(k)

If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street through to adjacent property and reversion of the excess right-of-way to the adjoining properties.

(l)

New half or partial streets shall not be permitted, except that wherever a proposed subdivision borders a half or partial street, the Planning Board may require that the other part of the street be platted in the proposed tract if it is found that such a requirement would increase the effectiveness of the circulation system in the area.

(m)

Multiple intersections involving a junction of more than two streets shall be prohibited.

(n)

Local residential streets and residential collector streets shall not intersect with arterial streets less than 800 feet apart, measured from center line to center line.

(o)

The minimum distance between center-line offsets at street jogs shall be 150 feet.

(p)

Minor or secondary street openings into collector or major arterial roads shall, in general, be at least 500 feet apart.

(q)

No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

(r)

The minimum radius of horizontal curves, minimum length of vertical curves and minimum length of tangents between reverse curves shall be in accordance with specifications established by the Town Engineer, and said items shall be approved by him prior to final approval of the subdivision plat by the Planning Board.

(s)

In general, street lines within a block deflecting from each other at any one point by more than 10° shall be connected with a curve, the radius of which for the center line of street shall not be less than 400 feet on major streets, 200 feet on collector streets and 100 feet on minor streets.

(t)

When a subdivision borders on or contains a railroad right-of-way or limited-access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade specifications.

Lots. The following regulations shall govern the layout of lots:

The lot size, width, depth, shape, orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

All lots shown on the subdivision plat must conform to the minimum requirements of Chapter 48, Zoning, as to area and dimensions for the zone in which the subdivision is located. However, in the event of utilizing § 281 of the Town Law, the Planning Board may use its discretion in determining lot size.

Each lot shall abut on a street built to the Town specifications.

Corner lots shall have extra width sufficient for maintenance or required building lines on both streets as required by Chapter 48, Zoning.

Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra-width line, and all setbacks shall be measured from such line.

(f)

Side lines of lots shall be at right angles to straight streets and radial to curved streets.

(g)

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, require modification of such lots.

(h)

Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 48, Zoning, and to provide for convenient access, circulation control and safety of street traffic.

(i)

Blocks intended for commercial or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.

(j)

Double-frontage lots will not, in general, be approved.

(k)

The lot arrangement shall be such that, in constructing a building in compliance with Chapter 48, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.

(l)

Driveway access and grades shall conform to specifications as established by the Town Engineer and on file in the Municipal Clerk's office. Driveway grades between the pavement and setback line shall not exceed 10%.

Easements. An easement shall be provided for all natural drainageways and all utility lines when such utility line or lines do not fall within a dedicated right-of-way. All easements shall be plotted on the preliminary plat and subdivision plat. A clause shall be inserted in the deed of each lot affected by an easement indicating that the easement exists and its purpose. Except as further required in this section, easements shall have a minimum width of 10 feet. Where a subdivision is traversed by a drainageway, channel or stream, a drainageway easement conforming substantially to the lines of such watercourse shall be provided. The easement shall be 20 feet wide or such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance. Where it is found that additional easement width is needed, such width shall be determined by the Planning Board in consultation with the Town Engineer. To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines. All utility lines which are primarily intended to provide service to the lots within the subdivision shall be installed underground at a depth and at such locations as will minimize risk of interruption of services. A five-foot easement running parallel with and continuous to all street and highway rights-of-way shall be provided to the Town granting the Town the right to protect, plant, prune, spray, remove, control, regulate and improve shrubbery and shade trees thereon.

Landscaping and ground cover.

All lot areas which are not covered by structures or paving shall be properly seeded by the developer.

The developer shall provide a liberal and functional landscaping scheme for the entire subdivision. Each lot shall be provided with a minimum of two trees, which shall be in addition to the street shade trees. This requirement may be waived by the Planning Board in wooded areas where the subdivider intends to maintain existing trees.

Individual homeowners may, by written agreement with the subdivider and builder, seed and landscape their yards independently.

When a proposed subdivision borders upon an existing commercial or industrial establishment or any other use which, in the opinion of the future residents of the subdivision, the Planning Board may require a landscape screen to buffer the subdivision from the visually noncompatible use.

Preservation of natural features.

Topsoil, moved during the course of construction shall be redistributed so as to cover all areas of the subdivision and shall be stabilized by seeding or planting. At no time shall topsoil be removed from the site without written permission from the Planning Board.

To the fullest extent possible, all existing trees and shrubbery shall be conserved by the subdivider. Special consideration shall be given to the arrangement and ultimate improvement or development of the lots to this end. Precautions shall also be taken to protect existing trees and shrubbery during the process of grading the lots and roads. Where there is a question as to the desirability of removing a group of trees which serve to add interest and variety to the proposed subdivision in order to allow for use of the land for a lot or lots, the Planning Board may, after proper investigation, require modification of such lots. Where any land other than that included in public rights-of-way is to be dedicated to the public use, the developer shall not remove any trees from the site without written permission from the Planning Board.

Where a subdivision is traversed by a natural lake, pond or stream, the boundaries or alignment of said watercourse shall be preserved unless, in the opinion of the Planning Board, a change or realignment will enhance the development and beauty of the subdivision or the utilization of such features by the future residents of the subdivision. All proposed changes in watercourse alignment shall be in accordance with the revised New York State Stream Conservation Law.

Unique physical features such as historic landmarks and sites, rock outcropping, hilltop lookouts, desirable natural contours and similar features shall be preserved if possible.

The subdivider shall not be permitted to leave any surface depressions which will collect pools of water.

(f)

The subdivider shall not be permitted to leave any hills or mounds or dirt around the tract. All surfaces shall be restored within six months of the time of the Completion of the section of the subdivision.

Floodplain.

Mapping. If any portion of the land within the subdivision is subject to inundation or flood hazard by stormwater, such fact and portion shall be clearly indicated on the preliminary plat, and the prominent note on each sheet of such map whereon any such portion shall be shown.

Use. Land subject to flooding and land deemed by the Planning Board to be otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard.

Drainage improvements.

The subdivider may 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 street right-of-way, where feasible, or in peripheral unobstructed easements of appropriate width.

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. The Town Engineer shall approve the design and size of facility based on anticipated runoff from a ten-year storm and conditions of total potential development permitted by Chapter 48, Zoning, on the watershed.

The subdivider's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision. The study shall be reviewed by the Town Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a five-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 of said condition.

Parks, playgrounds or open space.

Land shall be reserved for park, playground, open space or other recreational purposes in locations designated on the Comprehensive Plan or elsewhere where the Planning Board deems that such reservations would be appropriate. For a subdivision, each reservation shall be of an area equal to 10% of the total land within the subdivision, but in no case shall a reservation be less than five acres. The area to be preserved shall possess the suitable topography, general character and adequate road access necessary for its recreational purposes.

Where a subdivision is too small to establish an adequate recreation area site, where the land in a subdivision is unsuitable in character or where the Town Comprehensive Plan or good planning judgment would not locate a recreation area, the applicant will be required to provide a cash equivalent of $50 per lot, deposited with the Municipal Clerk for the account of the Town Park, Playground and Open Space Trust Fund to be used for acquisition of such areas in suitable locations.

Where the Planning Board requires land to be set aside for parks, playgrounds or other recreational purposes, the Board shall require that the site be graded, loamed and seeded and may require it to be fenced.

When area for park, playground, recreational purposes or open space shall have been required on the subdivision plat, the approval of said subdivision plat shall not constitute an acceptance by the Town of such an area.

§ A51-5 Improvements.

The developer, before the approval of the subdivision plat, shall complete all improvements to the satisfaction of the Town Engineer or post a performance bond sufficient to insure the satisfactory completion of the following required improvements, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of public health, safety and general welfare.

Streets. All streets shall be constructed, graded and paved in accordance with the standards and specifications on file in the Municipal Clerk's office.

Storm drains, culverts, catch basins and other drainage structure shall be installed in accordance with the standards and specifications on file in Municipal Clerk's office and in accord with the final map approved by the Planning Board. All pipe shall comply with the requirements of the current New York State Highway Department specifications governing construction of these facilities. The location, length, depth, size, grade and type of pipe shall be designated in the plans. If unusual conditions are discovered at the time of construction which are not provided for on the plans, the Town Engineer shall determine the type and extent of construction required to overcome such conditions.

Curbing shall be constructed on both sides of all streets shown on all proposed subdivision plats and in accord with the construction standards on file in the Municipal Clerk's office.

Sidewalks shall be required on both sides of the street and constructed in accord with the standards on file in the Municipal Clerk's office.

Driveway aprons shall be required between the curbing and the sidewalk and shall be of six-inch concrete meeting the same specifications established for curbing.

Street signs shall be of metal and shall be installed at the intersection of all streets in conformity with Town specifications at the locations approved by the Planning Board.

Grass strips shall be provided within the position of the street right-of-way beyond the curbline and shall be properly graded and seeded.

Street trees shall be planted in every subdivision at intervals from 40 to 60 feet along both sides of the street. Existing trees may be taken into consideration when determining the above. Trees shall be at least three feet from any sidewalk and located on the building side of the walk rather than the street side. Where dwelling structures are oriented with their rear on the street, street trees shall be at least six feet from the curbline. Trees should also be at least 10 feet from any line which is directly under utility wires. The average trunk diameter shall be a least two inches, an average height of six feet above finished grade level is required. Such trees shall be of a species and at locations approved by the Planning Board. No tree shall be planted within 25 feet of an existing or proposed streetlight or street intersection.

(9)

Shade trees, other than within the right-of-way, may be required when, taking into consideration the existing trees on the lots, the Planning Board shall deem it necessary. Such trees shall be in conformance with the standards of size, kind and locational limitations prescribed for trees along the street line.

(10)

Streetlighting facilities shall be provided along all streets in the subdivision and along all streets upon which the subdivision abuts. Such lighting facilities shall be in accordance with the Town standards and shall be installed as approved and directed by the Town Engineer.

(11)

Sanitary sewers and treatment disposal facilities shall be required. Where a public sanitary sewer is reasonably accessible, the subdivider shall connect or provide for connection with such sanitary sewer and shall provide within the subdivision the sanitary sewer system required to make the sewer accessible to each lot in the subdivision. Sewer systems shall be approved by the Town, county and state health official(s) and be in accordance with other requirements of law. The construction is subject to the supervision of the Town Engineer.

(12)

Where a public water main is within 500 feet, the subdivider shall connect with such water main and provide a water connection for each lot in accordance with Town standards, procedures and supervision. Fire hydrants shall be required and shall be installed in the locations approved by the Town Engineer and in accord with the New York State Board of Fire Underwriters.

(13)

Permanent monuments shall be set at block corners and at intervals of approximately 500 feet or such other distance as the Planning Board may determine appropriate, and their location shall be shown on the subdivision plat. Iron pipes shall not be considered permanent monuments for the purpose of these regulations. Standards for monuments are on file in the Municipal Clerks office.

Permitted modifications are as follows:

Concrete curbing may be omitted, and, in lieu thereof, rolled gutters or other means for controlling stormwaters may constructed as may be approved by the Town Engineer and Planning Board.

Sidewalks may be omitted on one or both sides of the street to the extent deemed appropriate by the Planning Board.

Where curbing and/or sidewalks are not provided, adequate provision for the protection of the edge of the road pavement and graded shoulders at all driveway openings and other accessways shall be provided in a manner approved by the Town Engineer.

Where sidewalks and curbing are not provided, grass strips shall not be required. However, grading and seeding of the area between the pavement edge, shoulder or approved drainage structure and the front property line of the lot shall be provided.

Individual sewage disposal systems (septic tanks) may be provided in lieu of facilities connected to a public sanitary sewage disposal system. Where such system is not reasonably available, such on-site disposal systems shall not be subject to the provisions of these regulations regarding subdivision control but shall be subject to all other applicable laws and regulations of the Town, county and state. Sewage lagoons shall be prohibited.

Individual on-site water supply systems may be provided in lieu of providing a water supply connected to a public utility system. Where such a system is not reasonably available, such on-site water supply systems shall not be subject to the provisions of these regulations regarding subdivision approval but shall be subject to all other applicable laws and regulations of the Town, county and state.

Fire hydrants may be omitted where adequate water mains which are a part of a public utility water system are not either existing or proposed to be available to the subdivision.

§ A51-6 Plat specifications.

Preliminary plat. Preliminary plats submitted to the Planning Board shall be drawn to a scale of not more than one inch equals 100 feet and shall show the following information:

The location of the property with respect to surrounding property and streets. There shall also be included a key map at a scale of one inch equals 500 feet showing all streets, streams and property within 1,500 feet of the applicant's property. All property held by the applicant in the area should be identified.

The location and approximate dimensions of all existing property lines (include entire area proposed to be subdivided and remainder of the tract owned by the subdividing owner).

All pertinent features, such as existing structures, streets, railroads, water bodies, streams, swamps and large trees, that may influence the design of the subdivision and topography at a contour interval of not more than five feet, unless waived by the Planning Board.

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

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

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

The names of all property owners of record or the names of development within 500 feet.

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, and the name of the land surveyor.

(9)

The date, source of the North point and scale.

(10)

Acreage of the tract to be subdivided to nearest tenth of an acre.

(11)

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

(12)

Each block shall be numbered, and lots within each block shall be numbered consecutively in accordance with the procedure established by the Town. The total number of residential lots shall be noted on the plat.

Subdivision plat. Subdivision plats shall be accompanied by separate construction detail sheets, and both shall be submitted to the Planning Board for approval, as follows:

Drawing, scale and size of plat and construction detail sheets. The subdivision plat and construction detail sheets shall be clearly and legibly drawn on a stable transparent base (Mylar, Cronaflex, etc.). In areas zoned for lots of minimum size of 20,000 square feet or more, maps and profiles shall be at a scale of one inch equals 100 feet. In areas zoned for lots less than 20,000 square feet, maps and profiles shall be at a scale of one inch equals 50 feet. Maps shall be on uniform size sheets in accordance with the New York State statutes. 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. The construction detail sheets shall show all items included in Subsection B(3) and as actually constructed.

Information to be shown on plat.

Plats shall show the following information:

[1]

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

[2]

Date, source of the North point and scale.

[3]

Name, address and signature of owner, subdivider and licensed engineer or land surveyor.

[4]

Names of owners of record of abutting properties or developments.

[5]

Locations, names and widths of existing streets, highways and easements, building lines, parks and other public properties.

[6]

Locations and widths of all streets and sidewalks, together with names of streets, and location, dimensions and status of all easements proposed by the subdivider.

[7]

Lot areas in square feet.

[8]

Lot lines with accurate dimensions and bearings of angles.

[9]

Sufficient data to determine readily the location, bearing and length of all lines and to reproduce such lines upon the ground.

[10]

Radii of all curves and lengths of arcs.

[11]

Location, material and approximate size of all monuments.

[12]

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.

[13]

Acreage of the tract to be subdivided to the nearest tenth of an acre.

[14]

Each block shall be numbered and the lots within such blocks shall be numbered consecutively in accordance with the procedure established by the Town. The total number of residential lots shall be noted on the plat.

In addition to the subdivision plat as described above, the following shall also be presented to the Planning Board:

[1]

A certificate that there are no tax liens on the property being subdivided.

[2]

A performance bond in such amount as is necessary to complete street and utility improvements.

Construction detail sheets. Construction detail sheets shall show the following information, except that, where requirements have been waived, applicable specifications may be omitted:

Profiles showing existing and proposed elevations along the center line of all streets. Where a proposed street intersects an existing street or streets, the elevation along the center line of the existing street or streets, within 100 feet of the intersection, in both directions, shall be shown. All elevations must be referred to established United States Government or approved local bench marks, where they exist within 1/2 mile of the boundary of the subdivision.

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