[HISTORY: Adopted by the Town Board of the Town of Lansing 5-18-2005 by L.L. No. 3-2005; amended in its entirety 4-20-2016 by L.L. No. 3-2016. Subsequent amendments noted where
applicable.]
This chapter is adopted pursuant to the authority granted the
Town of Lansing by § 10 of the Municipal Home Rule Law,
§§ 130 and 276 of the Town Law, and Article 16 of the
Town Law, and other laws empowering the Town to regulate subdivisions
and land divisions within the Town.
A.
Pursuant to the New York State Town Law §§ 271 and
276, the Town of Lansing hereby empowers the Town of Lansing Planning
Board, and other Town of Lansing officials as herein named, to act
pursuant to this chapter and to review and, where appropriate, approve
the subdivision of land in the Town of Lansing.
B.
It is declared to be the policy of the Town of Lansing to consider
land divisions and subdivision as part of a plan for the orderly,
efficient, and economical development of the Town of Lansing. Subdivision
classification and development should be consistent with the Town
of Lansing's Comprehensive Plan and, accordingly, the purpose
of these rules, regulations, and standards are:
(1)
To promote the safe, sanitary, and efficient subdivision of land;
(2)
Regulate the subdivision of land in a manner which will result in
orderly growth and development, provide for adequate municipal services,
and result in the safe movement of vehicular and pedestrian traffic;
and
(3)
To establish minimum standards and requirements by which land in
the Town of Lansing is to be subdivided.
C.
As to major subdivisions, it is further declared to be the policy
of the Town to consider major subdivision plats as part of a plan
for the orderly, efficient, and economical development of the Town.
This means, among other things, that land to be subdivided must be
of such character that it can be used safely for building purposes
without danger to health, or peril from fire, flood, or menace; that
proper provision must be made for drainage, water supply, sewerage,
and other needed improvements; that all proposed lots must be so laid
out and of such size as to be in harmony with the development pattern
of the neighboring properties; that the proposed roads must compose
a convenient system reasonably conforming to the Official Map and
the Comprehensive Plan, and must be of such width, grade, and location
as to accommodate the prospective traffic, to facilitate fire protection,
and to provide access of firefighting equipment to buildings; and
that proper provision must be made for open spaces for parks and playgrounds.
A.
Pursuant to Municipal Home Rule Law § 22, the Town hereby
states that its intent is to supersede, to the extent of any conflict
in definitions, procedures, or filing and approval requirements:
(1)
Town Law § 276 (adopted as Laws of 1992, Chapter 727, § 1, and amended by Laws of 1994, Chapter 486, §§ 10 to 13, Laws of 1995, Chapter 423, § 7 to 11, Laws of 1996, Chapter 235, § 6, Laws of 1997, Chapter 458 § 25), and Subdivisions 4, 5, 6, 7, 8 and 11 of such § 276, mainly to the extent that the Town has adopted different definitions, different time lines, additional or differing requirements and responsibilities of Town employees and the Town Planning Board relative to the review of subdivision and related applications, the creation of an exempt subdivision category, additional or different requirements for subdivisions and related applications, and differing standards of review, approvals, and approval procedures; and
(2)
Town Law § 277 (adopted as Laws of 1997, Chapter 458 and
Laws of 1992, Chapter 727), including Subdivision 7 thereof, and also
including the supersession of Subdivision 2 to the extent that the
Town has added additional requirements.
B.
All nouns and pronouns shall be construed in the singular, plural,
masculine, feminine, or neutered context when the provisions hereof
so demand or admit. Words shall have their defined meanings and all
words shall have standard meanings as applied within the context of
the clause in which such terms appear. Subject headings are for convenience
and shall not be construed or applied to limit or restrict the subject
matter and terms appearing under such subject heading. Whenever any
reference is made to any section of law or regulations, such reference
shall be interpreted to include such law or regulation as later amended,
renumbered, or re-codified, and a mere typographical citation error
shall not be given effect.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
As used in this chapter, the following terms shall have the
meanings indicated:
All applicants for subdivisions must be the owners of the
land in question, have a sufficient ownership interest in such land,
or be appointed agents for such owner; and such term shall also mean
anyone who applies for subdivision approval or amendments to any prior
subdivision and any subdivider or related land developer working with
an owner or subdivider.
A process used for conservation subdivisions to help identify
clustering lot designs to arrange such lots and site improvements
in a manner as protects land conservation values, minimizes cut and
fill operations, conserves mature trees, promotes the preservation
or conservation of open spaces, and facilitates safe vehicle, pedestrian,
and bicycle circulation. Such conservation design mapping is composed
of two basic components:
Using access management techniques, such as shared driveways,
to minimize curb cuts on rural highways, and transportation demand
management (TDM) plans, to examine parking, motion, anticipated mode-shares,
and incentives for traffic and travel at the site. TDM plans shall
be deemed sufficient for conservation design mapping if prepared in
accord with the TDM Handbooks and Manuals, National TDM and Telework
Clearinghouse, Center for Urban Transportation at the University of
South Florida, and preference shall be given for performance-based
criteria and TDM plans that favor solutions that do not result in
mere infrastructure improvements, such as wider streets, more parking,
and other improvements that consume land resources.
A site-based land use and conservation analysis consisting of
an examination of existing building and flora densities and open spaces
on and near the site, the existing natural resources and soil characteristics
on and near the site, making housing more affordable, the use of shared
infrastructure and the reduction of land resource consumption. This
analysis shall take into account existing resources and the existing
visual and other characteristics of an area, such as an open farmland
vista, and seek to preserve such "look and feel" by mapping all ground-level
improvements and features, all natural and underground resources,
and all cultural and historic areas or buildings, and then examine
the most suitable area for development and ground disturbances as
to compliment desirable features, ecological resources, and the existing
character of the area.
The delineation of standards for conservation design mapping
are not intended to signal detailed, exacting, or lengthy studies;
nor a need for geological, ecological, or significant resource or
species analyses concerning the land. Conservation design mapping
is intended to be a tool to help guide the placement and design of
conservation subdivisions to help preserve existing neighborhood characteristics
and existing land and other resources. Dogmatic adherence to saving
trees can mean using arable fields and open spaces for housing, and
the impacts from building in such areas are often far more significant
than building in mature hardwoods. Thus, the scope and detail needed
for any conservation design mapping shall be determined by the Planning
Board based upon factors such as location, neighborhood, roadway and
access characteristics, existing natural communities, and such other
factors as the Planning Board may deem relevant or required during
the sketch plan and preliminary plat phases of conservation subdivision
review.
A subdivision in which the otherwise applicable area and
bulk regulations of zoning are modified to encourage flexibility of
design and development of land in such a manner that the layout, configuration,
and design of lots, structures, driveways, roads, parks, trails and
landscaping are designed to preserve important natural resources and
scenic qualities of the site. A conservation subdivision is a cluster
development as authorized by Town Law § 278 and this chapter.
An environmental impact statement arising under SEQRA, most
often by consent or after a positive declaration after a review of
a SEAF or FEAF.
The Town's Zoning and Code Enforcement Officer(s) and
any other person designated as an Enforcement Officer hereunder by
resolution of the Town Board.
A full, or long-form, environmental assessment form, usually
used for Type I Actions under SEQRA.
A lot that meets the minimum area requirements of zoning
within the Town which is connected to a public road right-of-way by
a strip of land at least 30 feet wide and containing a private access
drive. Generally, these are called "flag lots" as the shape is often
like a flagpole with flag, with the main lot being the "flag" and
the connection to a street or accessway being the "flagpole." Generally,
a flag lot does not count the driveway area (the flagpole) as a part
of the building lot for zoning area requirements, and a flag lot should
generally be approximately 1.5 times the size of a normal lot in such
zone.
Roads (public or private); culverts, bridges and utilities,
stormwater facilities, and other and similar appurtenances designed,
built, installed, or used to support development of lots and subdivisions.
The adjustment of one or more lot lines between two or more
existing and adjoining lots that does not result in the creation of
new lots, the creation of any nonconforming lot, and which does not
effect a transfer of more than one acre in gross (meaning, when counting
all land transferred from each lot or party to the other), and which
transferred parcels are merged into their new parent parcel. While
not a subdivision, lot line adjustments are land divisions and shall
be approved in the same manner as exempt subdivisions under this chapter.
If a lot line change does not meet this definition of being a lot
line adjustment, then it shall be referred to the Planning Board for
review and approval.
A measurement of the front lot width as measured at the building
setback line. This measurement is usually made along the side of a
lot or parcel where the roadway frontage exists, except for lands
adjacent to Cayuga Lake. For corner lots the Enforcement Officer shall
reasonably determine which side is designated as the front of the
lot for purposes of calculating the lot width.
A form of security approved by the Town that has the effect
of providing assurance or a guarantee that all improvements will be
made and constructed in accord with the requirements of this chapter,
applicable codes and requirements, the requirements of the Town, and
the terms and requirements of any approved subdivision or plat. A
performance guarantee may include performance bonds, escrow agreements,
letters of credit, cash, and other or similar collateral or surety
agreements. No such performance guarantee shall be deemed acceptable
or in compliance with the requirements of this chapter if the person
posting the bond or other undertaking is a guarantor or surety to
any underwriter of such bond or undertaking, or if such person provides
for indemnity to any underwriter or issuer with respect to such bond
or undertaking. Bonds shall comply with the requirements of Town Law
§ 277 and shall be acceptable to the Town Board and Town
Attorney as to form, sufficiency, manner of execution, and surety.
A period of one year (or such other periods as the Planning Board
may determine appropriate, not to exceed three years) shall be set
forth in the bond within which required improvements must be completed.
Any individual, firm, partnership, agency, association, corporation,
company, board, official, or entity or organization of any kind.
The Planning Board of the Town.
A short-form environmental assessment form, usually used
for unlisted actions under SEQRA.
The State Environmental Quality Review Act, codified at Environmental
Conservation Law Article 8 and implemented in part through regulations
at 6 NYCRR Part 617. Where and as required, a reference to SEQRA shall
include compliance with NEPA (the National Environmental Policy Act).
A drawing based upon a survey or other accurate base map
drawn at a scale of not less than 1:2,400 showing the proposed subdivision
and:
The location of the subdivision as an entire tract;
The distance to the nearest existing street intersections; and
Existing structures, wooded areas, streams, wetlands, flood
hazard areas, and other significant physical features within the subdivision
and within 200 feet of the boundaries thereof. If the subdivision
is a major subdivision, a minor subdivision, or a conservation subdivision,
a sketch plan shall also include:
Topographic information showing ten-foot-elevation intervals
or related elevation information;
The name of the owner and adjoining property owners, as well
as the name of the project, if any;
The Tax Map, block, and lot numbers of all lots shown on the
plat;
The locations of all utilities and roads;
The lot locations and dimensions, roadway layouts (if any),
recreation areas (if any), water supplies and sewerage services, stormwater
and drainage facilities (if required);
Any existing restrictions upon the use of the land, such as
easements, covenants, and development district boundary lines; and
Any other information requested by the Enforcement Officer or
the Planning Board.
A Town Stormwater Management Officer.
The division of any parcel into two or more lots by any means
regardless of whether intended for improvement or sale, and regardless
of whether any existing improvements occupy any lots. Notwithstanding
this definition, a lot line adjustment shall not be a subdivision
if no new lots or gores of land are created and no lot is made nonconforming.
The division of any parcel into two or fewer lots, where
each of the following requirements is strictly met:
Each lot is not less than one acre;
No lot is nonconforming;
Each lot has not less than 150 feet of frontage on a public
highway and a one-hundred-fifty-foot lot width;
No infrastructure is proposed, required or created, including
extensions of public water or sewer mains;
There has not been any other prior subdivision of any lot affected
by such proposed exempt subdivision, no variances are needed by any
person to qualify as an exempt subdivision, and the action qualifies
as a Type II Action under SEQRA.
Any subdivision which creates five or more lots, including
the counting of the parent lot(s) as one of the lots in such subdivision,
or which is less than five lots but not a minor subdivision or exempt
subdivision. The calculation of the number of lots shall include the
gross, total number of lots resulting from subdivision, and Appendix
A[1] shall be used as a guideline.
Any subdivision that creates up to and including four lots
where there is no infrastructure needed for such subdivision. infrastructure
that relates to stormwater facilities that is not significant in terms
of structural complexity, land area disturbance, does not require
dedication, and which is wholly contained upon each individual lot
of the subdivision, such a water gardens and on-site treatment, will
not, standing alone, preclude classification as a minor subdivision.
A Stormwater Pollution Prevention Plan as defined by and
under the United States Environmental Protection Agency and Phase
2 Stormwater requirements, the New York State Department of Environmental
Conservation and its SPDES programs and rules, and the Town's
stormwater local laws and requirements. Such term, as used in this
chapter, is intended to cover all aspects of stormwater review and
control, from certifications to basic and full plans.
The Town of Lansing, in Tompkins County, New York, and whenever
applicable or the context so permits or requires, the elected officials,
officers, superintendents, assistant superintendents, employees and
agents of the Town.
The Town Board of the Town.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
The Planning Board may review, for purposes of revision, those
subdivisions and subdivision plats already on file with the County
Clerk if 20% or more of the plat is undeveloped for reasons other
than terrain, drainage, soil conditions, or the like. Legislative
authority for such review is found in Town Law § 276.
A.
Required submissions.
(1)
An
applicant shall submit the following to the Enforcement Officer:
(a)
A sketch plan of the proposed exempt subdivision;
(b)
Proof that all qualifications for an exempt subdivision are met;
(c)
At least five copies of a signed and certified survey of the affected
land showing all proposed lot boundaries; and
(d)
A proposed SEAF. If there is a potential to disturb more than two
acres of land as determined by the SMO, then the SMO shall require
stormwater review and compliance.
(2)
If
an SWPPP is required, it shall be submitted to and approved by the
Town prior to approval of the exempt subdivision.
B.
If for any reason the Enforcement Officer believes that there are
special circumstances involved with any proposed exempt subdivision,
such as unique topography, the presence of creeks or streams, prior
subdivisions of any one or more involved, adjacent, or related lots,
the effects upon agricultural districts, the effects upon Cayuga Lake
and its tributaries, highway safety, or any hazard or potential hazard
to life, property or public peace or welfare, the Enforcement Officer
may refuse exempt subdivision status and refer the proposed. Subdivision
and sketch plan to the Planning Board for review and classification.
C.
Lots that were involved in any prior exempt subdivision shall not
be permitted further division as exempt subdivisions, whether by the
same or any other person and regardless of the time frame between
any such proposed subdivisions. Similarly, lots involved in any major
subdivision or minor subdivision shall not be permitted to be further
divided as exempt subdivisions.
D.
The Enforcement Officer shall review the SEAF and classify the action
for purposes of SEQRA. If classified as a Type I Action, the applicant
shall submit a FEAF for review. If there are no other involved agencies
the Town shall conduct an uncoordinated review and the Town may make
a determination of environmental significance following a requisite
hard look at potential environmental impacts and consequences. No
approval of any exempt subdivision shall be made until the SEQRA process
is properly concluded.
E.
If a subdivision meets the definition of and rules for an exempt
subdivision then, after and upon a review and approval thereof, the
Enforcement Officer may place a zoning seal upon at least two surveys
and approve such exempt subdivision. At least one such sealed survey
shall be given to the applicant, and at least one such sealed survey
shall be delivered to the Chair of the Planning Board.
F.
Any nonconforming lot shall not be reduced in its area or any dimension
through subdivision or otherwise as to increase the amount of nonconformity.
Whenever any minor subdivision is proposed, and before any contract
for the sale of, or any offer to sell any lot in such subdivision
is made, and before any permit for the erection of a structure in
such subdivision shall be granted, the applicant shall apply, in writing,
for approval of such subdivision in accordance with this section.
Minor subdivisions shall not require preliminary plat approvals.
A.
The applicant shall provide at least seven copies of a sketch plan
of the proposed subdivision and meet informally with the Planning
Board to discuss the sketch plan and the subdivision of the property,
including the conformity of the plans, to the maximum extent practicable,
with this chapter, zoning requirements, and the Town's Comprehensive
Plan. The Planning Board shall classify the subdivision, and if it
is a minor subdivision, the provisions of this section shall apply.
B.
Formal application.
(1)
After
such meeting, the applicant may submit a formal application, consisting
at a minimum of the following:
(a)
A SEAF;
(b)
An explanation of the manner in which water service and sewer service
will be provided, the availability of existing utility services, the
manner of access and traffic flows, and conformance with zoning and
other requirements;
(c)
At least 14 copies of a draft survey of the affected lots showing
the proposed boundary lines therein, and containing such other information
as is typical to a professional land survey or as reasonably required
by the Planning Board.
(2)
If
there is a potential to disturb more than two acres of land as determined
by the SMO, then the SMO shall require stormwater review and compliance.
If an SWPPP is required, it shall be submitted to and approved by
the Town prior to approval of the minor subdivision.
C.
The Planning Board shall review the SEAF and classify the action
for purposes of SEQRA. If classified as a Type 1 Action, the applicant
shall promptly submit a FEAF for review. The Planning Board shall
be the lead agency for environmental review, unless otherwise determined
under SEQRA. The Planning Board shall conduct an environmental review
of the proposed action and may make a determination of environmental
significance following a requisite hard look at potential environmental
impacts and consequences. No approval of any minor subdivision shall
be made until the SEQRA process is properly concluded.
D.
The Planning Board shall also review the application and advise the
applicant, in writing, or by resolution, whether the survey and documentation
meet the requirements of this chapter. The Planning Board shall provide,
in writing, its determination of what, if any, modifications are necessary
for approval of the final plat. The Planning Board may also impose
such conditions as may be required to ensure the safe and orderly
development or division of land, as permitted by law.
E.
If modifications are needed, the survey shall be modified into a
final form and submitted for final review and approval by the Planning
Board as the minor subdivision final plat within 180 days of the above-noted
determination(s) of the Planning Board, failing which such submission
shall be treated as a sketch plan by the Planning Board. The "submission
date" of the minor subdivision final plat is the date when the application
for final plat approval is accepted by the Enforcement Officer. An
application shall be deemed final when all application materials identified
below have been submitted and an environmental determination has been
made, unless such environmental determination is to be considered
with or at the time of the public hearing:
(1)
A copy of such covenants or deed restrictions as are intended to
cover all or part of the tract.
(2)
An actual field survey of the boundary lines of the plat, and each
lot therein, giving complete descriptive data by bearings and distances
as made and certified to by a licensed land surveyor. The corners
of the plat shall also be located on the ground and marked by monuments
referenced on the final plat.
(3)
All on-site sanitation and water supply facilities (if any) shall
be designed to meet the minimum specification of the Tompkins County
Sanitary Code, and a note to this effect shall be stated on the final
plat and signed by an officer of the County Health Department.
(4)
The proposed subdivision name (if any), name of the Town and county
in which it is located, and a date, North point, map scale, and the
name and address of the owner of record and the applicant shall be
listed upon such final plat.
(5)
Compliance with any conditions imposed by the Planning Board shall
be demonstrated upon the final plat or listed specifically upon such
final plat as conditions.
(6)
Compliance with stormwater requirements, any SWPPP and SPDES permits,
if required, shall be demonstrated.
F.
The Planning Board shall hold a public hearing within 62 days of
the filing of the final plat in accord with Town Law § 276.
G.
The Planning Board shall approve, approve with conditions, or deny
approval of the final plat within 62 days of the close of the public
hearing as required by Town Law § 276 (and assuming an EIS
is not required).
H.
Any nonconforming lot shall not be reduced in its area or any dimension
through subdivision or otherwise as to increase the amount of nonconformity,
and all minor subdivisions shall endeavor, to the extent possible,
to eliminate any nonconforming lot(s).
Whenever any major subdivision is proposed, and before any contract
for the sale of, or any offer to sell any lot in such subdivision
is made, and before any permit for the erection of a structure in
such subdivision shall be granted, the applicant shall apply, in writing,
for approval of such major subdivision in accordance with the applicable
provisions of Town Law §§ 276 and 277. Major subdivisions
shall require preliminary plats and preliminary plat approvals.
A.
The applicant shall provide at least seven copies of a sketch plan
of the proposed subdivision and meet informally with the Planning
Board to discuss the sketch plan and the subdivision of the property,
including the conformity of the plans, to the maximum extent practicable,
with this chapter, zoning requirements, and the Town's Comprehensive
Plan. The Planning Board shall classify the subdivision, and if it
is a major subdivision the provisions of this section shall apply.
Based upon the potential complexity and size of the subdivision, the
amount of infrastructure and any necessary dedications thereof, the
scope of any SEQRA review and the complexity of the SWPPP and compliance
with stormwater requirements, the Town Planning Department shall also
determine the amount of the initial deposit required to cover the
fees and expenses reasonably anticipated to be incurred by the Town
in connection with the review of the subdivision and its environmental
and stormwater reviews. The recommended amount shall be then included
in an escrow deposit or developer's agreement and the terms thereof
shall be referred to and approved by the Town Board as required by
Town Law § 64.
B.
At or after such meeting the Planning Board may approve, approve
with conditions, or deny the sketch plan, taking into account the
manner in which water service and sewer service will be provided,
the availability of existing utility services, the manner of access
and traffic flows, and conformance with zoning and other requirements.
If the sketch plan generally meets the requirement of this chapter
and the Planning Board approves the sketch plan, such approval shall
be in writing and the Planning Board shall provide a preliminary list
of modifications appropriate for the preliminary plat and its review.
The Planning Board may also list conditions pertaining to the approval
or the improvement of any one or more lots within the subdivision,
and the Planning Board shall also classify the action for purposes
of SEQRA. The Planning Board shall be the lead agency for environmental
review, unless otherwise determined under SEQRA.
C.
An application for preliminary plat approval shall be submitted within
180 days after the approval of the sketch plan (after said 180 days
the sketch plan approval expires). The preliminary plat application
shall contain the following information or consist of the following
documents:
(1)
Proposed subdivision name, name of the Town and county in which it
is located, date, true North point, scale, name and address of owner
of record, the name of the applicant, the engineer or surveyor providing
the survey and plat (including license number and seal), and the name(s)
of all subdivisions immediately adjacent and the name of the owners
of record of all such adjacent properties with Tax Map numbers listed
thereupon. The plat shall be or contain an actual field survey of
the boundary lines of the tract, giving complete descriptive data
by bearings and distances, made and certified to by a licensed land
surveyor, and the corners of the tract shall be monumented in a manner
as approved by the Planning Board and so shown on the plat. If the
application covers only a part of the applicant's lands, a map
of the entire tract drawn at a scale of not less than 1:4,800 showing
an outline of the platted area with its proposed streets, an indication
of the probable future street system, with grades and drainage in
the remaining portion of the tract, and a probable future drainage
layout of the entire tract. Mapping shall also display contours with
intervals of 10 feet (or less, as required by the Planning Board),
including elevations on existing roads and approximate grading plans
if natural contours are to be changed by more than two feet in any
areas. A minimum of 14 copies of any plat map shall be submitted as
part of the application.
(2)
An analysis of existing soils, any potential or existing permanent
or intermittent wetlands, any floodplains or intermittently flooded
areas, whether any environmental spill reports or hazardous materials
are known to exist or have migrated onto the site, and a statement,
as to the depth to bedrock and any known seasonal or other water tables
and aquifers.
(3)
Special, benefit, or development district information (such as the
Consolidated Water District), including exact boundaries of any existing
districts, the proposed boundaries of district expansions or extensions,
or the boundaries of proposed new districts, together with any special
regulations or improvements needed to connect to, establish, or properly
serve the subdivision with district services. Also including the location
of sewer and water mains and related infrastructure.
(4)
All parcels of land proposed to be dedicated to public use and the
purposes of each such dedication, together with identification of
any lands proposed to remain as open spaces or serve public purposes
even if not dedicated, such as playgrounds and private recreational
facilities.
(5)
Locations of existing property lines, easements, buildings, watercourses,
marshes, rock outcrops, wooded areas, single trees with a diameter
of eight inches or more as measured three feet above the base of the
trunk, and other significant natural existing features of the proposed
subdivision.
(6)
Locations of existing drain sewers, culverts, swales, watercourses,
water bodies, and other drainage areas on the property, with a description
of applicable piping or culvert sizes, grades, and directions of water
or drainage flows. Also including a stormwater and drainage plan indicating
the approximate location and size of facilities to manage or treat
stormwater, including connections to existing drainage ways or facilities
or alternate means of disposal and stormwater management, and including
a completed stormwater assessment or SWPPP (if required).
(7)
The width and location of any existing streets or public ways, together
with all dimensions for any proposed roads (including width, location,
grades, profiles, etc.) and information as to the type of road and
any dedication of any public highways or other infrastructure or improvements.
Also including plans and cross sections showing the proposed location
and types of trails, pathways or sidewalks, streetlighting standards,
street trees, curbs, and storm drains, and the size and type thereof,
each if and as applicable, together with the character, width, and
depth of pavements and subbases thereof and the location of manholes,
basins, and underground conduits, and including preliminary designs
of any bridges or culverts which may be required.
(8)
A copy of any covenants or deed restrictions intended to cover all
or part of the tract.
(9)
A SEAF or FEAF with Part 1 filled in, and an agricultural data statement,
if required.
(10)
If to be completed in phases or approved in sections, a statement
defining and describing each such phase and its proposed timing, or
such section(s) and the reasons supporting approval in sections.
(11)
A preliminary plat application fee for major subdivisions.
D.
The provisions of Town Law § 276, Subdivision 5, govern
the basic procedures for approval of preliminary plats and the coordination
of Planning Board review with SEQRA, and the date of submission shall
be the date that the Planning Board receives all required documentation
to conduct a review. Town Law shall be controlling except as expressly
altered by this chapter and a public hearing shall be required for
the approval of a preliminary plat. If the final plat is not in substantial
accord with the preliminary plat, then a public hearing shall also
be required for the final plat, as required under Town Law. In connection
with any public hearing, all persons owning land within 600 feet of
the boundary of any lot proposed to be subdivided shall be given mailed
notice of the public hearing. The determination of which persons are
entitled to notification shall be based upon the landownership records
of the Tompkins County Assessment Office.
E.
The Planning Board shall promptly refer the preliminary plat and
the FEAF or SEAF to the County Planning Department in compliance with
General Municipal Law, §§ 239-l, 239-m and 239-n. In
addition, the Planning Board shall refer the preliminary plat to the
Town Board for a review of the roads and infrastructure, particularly
if dedication is to be considered, so as to ensure compliance with
Town specifications, planning, and requirements. Where applicable,
the Planning Board shall provide notice to adjacent municipalities
pursuant to General Municipal Law § 239-nn.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
If the subdivision is also located within, partially in, or near
a designated agricultural district, any applicable requirements of
the Agriculture and Markets Law shall apply, together with any rules
or regulations of the New York State Commissioner of Agriculture,
including the obligation of the applicant to file an agricultural
data statement and to submit, if required, a notice of intent.
G.
At and after the public hearing, the Planning Board shall 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 shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the location of existing trees and other natural features, the presence of historic buildings and sites, the future development of adjoining lands as yet not subdivided, and the requirements of Chapter 270, Zoning, of the Code of the Town of Lansing and the Town's Comprehensive Plan. In addition, any nonconforming lot shall not be reduced in its area or any dimension through subdivision or otherwise as to increase the amount of nonconformity, and all major subdivisions shall endeavor, to the extent possible, to eliminate any nonconforming lot(s).
H.
As part of the public hearing or otherwise, the Planning Board shall
conduct an environmental review of the proposed action and may make
a determination of environmental significance following a requisite
hard look at potential environmental impacts and consequences. No
approval of any major subdivision or any preliminary or final plat
shall be made until the SEQRA process is properly concluded.
I.
Within 62 days after the close of the public hearing, and after the
conclusion of the environmental review, the Planning Board shall approve,
approve with modifications, or disapprove the preliminary plat. The
grounds for modifications, if any, or the grounds for disapproval,
shall be stated in records of the Planning Board. The time in which
the Planning Board must take action on such plat may be extended by
mutual consent of the applicant and the Planning Board. When approving
a preliminary plat, the Planning Board shall state, in writing, the
conditions, if any, it deems necessary for submission of the plat
in final form. An approval of a preliminary plat shall not constitute
approval of the final subdivision plat, as it is only an expression
of approval of the design submitted on the preliminary plat as a guide
to the preparation of the final plat.
J.
Once a preliminary plat approval is issued, the applicant, upon implementation
of modifications and compliance with any conditions, may submit an
application for review of the final plat. Such submission must be
made within 180 days of the date of approval of the preliminary plat,
and, if this deadline is not met, the preliminary plat approval expires
and shall automatically be deemed revoked without need of any formal
action by the Town. The provisions of Town Law § 276, Subdivision
6, govern the procedures for approval of a final plat and the applicant
shall be required to submit at least 14 copies of the proposed final
plat.
K.
The Planning Board shall review the final plat and by resolution
set forth the grounds for its action on the final plat. If the final
plat does not contain the approvals of all other governmental agencies
having jurisdiction over the subdivision (such as the Tompkins County
Health Department), the Planning Board may grant conditional approval
of a final plat. In granting such conditional approval, the Planning
Board shall specify the requirements which, when completed, will authorize
the signing of the final plat. The application fee for final plat
review shall be paid at the time the final plat is filed. In addition,
the following requirements apply to all final plats for major subdivisions:
(1)
All proposed final plats shall be prepared, signed, and sealed by
a land surveyor or engineer duly licensed in the State of New York,
and surveying shall show the exact boundary lines of the tract to
be subdivided, all lot lines and dimensions to the nearest one-hundredth
of a foot, all angles to the nearest 1/2 minute (if required) and
all bearings, and the area of each lot to the nearest hundredth of
an acre.
(2)
The final plat shall conform substantially to the approved preliminary
plat, taking into account any modifications and conditions imposed
or required by the Planning Board. Final plats that do not substantially
conform to approved preliminary plats shall, in the discretion of
the Planning Board, taking into account the degree and significance
of nonconformance, require either a further public hearing to review
the final plat or the resubmission of the application and plat as
a preliminary plat.
(3)
Final roadway drawings and cross-sectional drawings, surveys thereupon
and therefor, and construction specifications shall be provided that
show: all right-of-way lines with center lines showing angles of deflection;
angles of intersection; curve radii; lengths of tangents and arcs;
and degrees of curvature, with the basis of curve data. Lengths and
distances shall be to the nearest one-hundredth foot and angles shall
be to the nearest half-minute. All new road names shall be recommended
by the Planning Board and approved by the Town Board in coordination
with County 911. All roads, public or private, shall be extended to
the boundaries of the subdivision to facilitate connections to potential
future roads and access ways.
(4)
A completed Stormwater Pollution Prevention Plan that is consistent with Chapter 225, Stormwater Management, of the Code of the Town of Lansing, and approved by the SMO, and the Town's engineering consultant shall be supplied in final form, together with any proposed easements, in a form as approved by Town counsel, to be dedicated in connection therewith, whether to the Town or any drainage district.
(5)
The applicant shall provide all necessary, required, or requested
approvals from the New York State or the Tompkins County Health Department
relative to the proposed water supplies and sewage disposal systems
to be used in the subdivision, and the seal thereof shall be endorsed
upon the proposed final plat.
(6)
When connection to an existing public water or sewer system is proposed,
construction details showing the following items shall be included:
i) the location, size, invert elevations, type, and class of pipes
on all sanitary and storm sewers and manholes; ii) the location, sizes,
and type of pipes for all water mains; iii) the location of all valves,
hydrants, blowoffs, etc.; iv) the profiles with detailed information
on all storm sewers, sanitary sewers and water main crossings. All
such details, drawings, specifications, and plans shall conform to
Town requirements and shall be subject to the approval of the Town's
engineer.
(7)
Accurate pre-construction and post-construction-as-built surveys
and layouts of all property that is to be offered for dedication for
public use, with the purpose indicated thereon, or to be held in private
ownership but permanently dedicated for recreation or open space use
shall be provided to the Town (five copies are required). Additionally,
all deed covenants, legal agreements, or other easements or restrictions
that legally create or dedicate such public use or rights of use shall
be supplied in a form as approved by the Town Board.
(8)
Construction details for sidewalks, streetlighting, pathways, playgrounds,
sidewalks, driveways, and fire protection, as required, shall be provided.
All such details are subject to the approval of the Town's engineer,
or other designated official, as appropriate. Access points, curb
cuts, and driveways of all types shall be designed to provide safe
access to roads, with adequate line-of-sight distances.
(9)
The location, dimensions, and purposes of all easements and rights-of-way
proposed by the applicant or required by the Planning Board shall
be supplied. All such easements and rights-of-way are subject to the
approval of the Town's attorney, or other designated official,
as applicable.
(10)
The final form of all covenants or deed restrictions that will
be applied to the subdivision or any lot shall be supplied. Such covenants
and restrictions are subject to the approval of the Town Board.
(11)
The applicant shall provide, and the Planning Board shall require
as a final plat condition that the applicant shall file with the Town
Clerk, certified "as built" plans of all public utilities and roads
within the subdivision. Information to be shown on the "as built"
plan shall be in accordance with requirements of the Town's engineer.
L.
Formal offers of cession to, or dedications of, the Town of all roads,
streets, rails, sidewalks, recreation areas, or open spaces that are
proposed to be public property, in a form acceptable to the Town Board,
are required. However, the mere act of offering dedication or making
an offer of cessation shall not create any presumption that the Town
has accepted the same. All such offers are nonrevocable (or, if expressly
agreed or declared revocable, then irrevocable for 360 days after
the filing of the final plat with the County Clerk's Office),
and each such street, recreation area, or open space, etc., shown
on the final subdivision plat shall be deemed to be private until
such time as each of the same have been formally accepted by the Town.
The applicant shall, for all lots or areas marked for future use or
dedication, provide to the Town title documents and conveyances of
title or rights-of-way or easements, as applicable or required, in
a form acceptable to the Town's attorney, together with such
tax searches, abstracts, resolutions, or other documents as such attorney
may reasonably require to verify good title.
M.
No plat, map, survey, sketch plan, drawing, or like document that
shows or displays any subdivision of land shall be accepted for filing
by the County Clerk unless it has been duly approved and endorsed
by the Chair of the Planning Board (or other designated public official).
No person may rely upon any unendorsed plat, survey, map, sketch plan,
drawing, or like document for any reason, and each such unendorsed
document shall be invalid. Further, nothing but a final plat may be
endorsed. Endorsed final plats must be filed by the applicant with
the Planning Board, the County Assessor, and the County Clerk within
62 days of endorsement (or default approval under Town Law § 276,
Subdivision 8). The applicant shall notify the Enforcement Officer,
in writing, when the final plat has been filed with the County Clerk,
and all original filed documents, together with the County Clerk's
filing and indexing receipt(s), shall be returned to the Town.
N.
No final plat or related document shall be altered or revised after
it has been approved, conditionally approved, certified, sealed or
endorsed. Any such alterations or revisions shall be and remain invalid,
null and void.
O.
The Town shall not issue any building permits for any construction
in any subdivision unless the subdivision has been duly approved and
the final plat sealed and filed, the final plat has not been the subject
of rescission or had its approval invalidated for any reason, and
there is compliance with the requirements of law, including Town Law
§ 280-a.
P.
In the event an applicant or applicant's representative elects to
seek review of or construct a subdivision in phases, or to approve
a plat in sections, each phase and each section shall be separately
submitted for final plat approval, and each phase and each section
shall be substantially completed (or have approved and accepted performance
guarantees for completion) within two years from the date of final
plat approval. Phases or sections that do not comply with this requirement
may, by resolution of the Planning Board, with the concurrence of
the Town Board, have the final plat approval withdrawn and cancelled.
In such cases, the applicant shall begin the subdivision approval
process anew. Each subsequent phase and section shall be reviewed
under and pursuant to the then current Town requirements at the time
the subsequent phase or section is submitted. If any subsequent phase
or section is submitted for approval more than two years after any
prior final plat approval for the phase or section which it preceded,
the Planning Board may require that the prior preliminary plat be
resubmitted for review as if the prior approval of the preliminary
plat had not occurred.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Q.
An amendment to any endorsed and filed final plat may only be allowed
for good cause, and any such amendment that proposes any further subdivision
or the creation of any new lot(s) shall be classified as a major subdivision.
Otherwise, any amendment shall, if significant, be subject to public
hearings and environmental reviews as required by law.
A.
Whenever any subdivision of land in a conservation subdivision is
proposed, and before any contract for the sale of, or any offer to
sell any lot in such subdivision is made, and before any permit for
the erection of a structure in such subdivision shall be granted,
the applicant shall apply, in writing, for approval of such subdivision
in accordance with the applicable provisions of this section of this
chapter and Town Law §§ 276 through 279, inclusive.
Conservation subdivisions are allowed in all zoning districts where
residences are allowed and they shall be considered cluster developments
per Town Law § 278.
B.
Conservation subdivisions shall be designed using conservation design
mapping as a resource, but such conservation design mapping data shall
not be controlling, is but one factor the Planning Board may consider,
and may be disregarded by the Planning Board in its discretion. The
procedures for review of a conservation subdivision shall be the same
as for a major subdivision, except as specifically modified by the
provisions of this section. The Planning Board may approve a conservation
subdivision upon only a portion of a parent parcel if conservation
design mapping is provided for the entire parcel. Where suitable,
the Planning Board may require the conservation of buffer and open
space areas in the balance of the parent parcel to achieve the design
and clustering standards of a conservation subdivision, including
as to help buffer any areas of increased density or use and to anticipate
future development of neighboring lands or the balance of the parent
lot as conservation subdivisions or as more traditional land divisions.
C.
The total number of residential dwellings or units in a conservation
subdivision may not exceed the density allowed by the underlying zoning
regulations, including due to frontage or dimensional standards, and
this number may not be varied or increased by variance or waiver procedures.
Nor does cluster development allow any land not permitted by zoning.
D.
Other than as required by the Tompkins County Sanitary Code, there
shall be no minimum lot size in a conservation subdivision. The Planning
Board shall determine appropriate lot sizes in the course of its review
of a conservation subdivision. Where a proposed lot abuts an existing
residence lot, a suitable buffer area may be required by the Planning
Board. This buffer shall be at least the same as the minimum rear
or side yard setbacks in the zoning district in which the existing
residence is located. However, the applicant may propose all other
dimensional requirements for the conservation subdivision lots, including
setbacks.
E.
In order to facilitate and permit a clustered lot configuration,
wells and septic systems may be located in areas of protected open
space if there are easements or other rights or means to ensure maintenance
of these facilities and infrastructure. Shared septic systems or wells
may be utilized with approval of the agencies having jurisdiction
over the same, and shared driveways in accordance with the standards
set forth herein or by Town or County Highway Departments are encouraged.
Proposed roads (public or private) and common driveways within a conservation
subdivision shall be designed and constructed to ensure their suitability
for access to the lots based on projected traffic, terrain and other
relevant safety factors. The design of such roads and common driveways
shall be approved by the Planning Board and the Town's Highway
Superintendent, and easements or covenants shall ensure the future
maintenance of any such private infrastructure, whether by cost sharing,
homeowners' associations, on-site management, improvement districts,
or other like means and methods as approved by the Town.
F.
Conservation subdivisions shall provide for an open space management
plan, and allowing fields to remain fields with cutting only once
or twice a year, similar to conservation reserve program field operations,
may be a sufficient plan. The applicant shall consider or propose
easements, land rights or title transfers, covenants, and other means
by which to protect and manage the open spaces and conservation values
identified for such conservation subdivision.
In addition to any other provisions of law governing the expiration
of subdivision approvals, a subdivision approval will also terminate
under the following circumstances:
A.
If the proposed subdivision requires construction of any infrastructure
and within three years of the date the Planning Board issued an approval
of the final plat the owner or developer fails to commence material
work and diligently pursue the same to completion, then the subdivision
approval(s) (both the final plat and the preliminary plat) shall expire
and the permissible uses and construction on the property shall revert
to those that would otherwise be in effect in the absence of such
subdivision approval unless, during such three years, at least 20%
of the lots have been sold and deeds reflecting such transfers are
duly recorded in the Tompkins County Clerk's Office. Notwithstanding
the foregoing, if final subdivision approval was granted prior to
December 1, 2015, the time for work to materially commence or such
lots to be sold shall be extended to December 1, 2018.
B.
If the proposed subdivision does not require the construction of
any infrastructure the subdivision approval (both final and preliminary)
shall expire within the time limits set forth above with the consequences
set forth above and subject to the ability to obtain extensions as
set forth below, unless at least one lot of the subdivision has been
transferred.
C.
For the purposes of this section work will not have "materially commenced"
unless; at a minimum: i) a building or roadway permit, if required,
has been obtained for at least one structure in the subdivision; and
ii) construction equipment and tools consistent with the size of the
proposed work have been brought to and been used on the site; and
iii) significant construction of roads or utilities, or significant
framing, erection, or construction of a material structure, has been
started and is being diligently pursued. In addition, if such three
years has passed and construction has been materially commenced and
diligent completion is stopped or the completion of all infrastructure
is not completed within six years of such final approval, then the
subdivision approvals shall likewise terminate as to any non-transferred
lots, and the future transfer or sale of the same shall be allowed
only upon approval of a new subdivision application.
D.
For the purposes of this section, lots will not have been "sold"
or "transferred" unless: i) conveyed by a deed, duly executed and
recorded in the Tompkins County Clerk's Office; to ii) a person
unrelated and not affiliated with the applicant (or then current owner
or developer); and iii) the transfer or sale is a good faith, arms-length
transaction for fair value transferring title to such third parties.
The unrelated or nonaffiliated third-party rule referenced in this
subsection will not apply where a sale is to a relative for less than
fair value in accordance with circumstances related to the Planning
Board as part of the subdivision review and approval (e.g., a subdivision
where the intention is to convey a lot to a relative or to convey
a lot to an adjacent landowner for less than full value).
E.
The Planning Board, upon the request of the owner or applicant, and
after a public hearing, may extend the time limits for such additional
periods upon such conditions as the Planning Board may reasonably
determine. An application for such extension may be made at no later
than six months after the expiration of the time limits set forth
above.
(1)
The
Planning Board shall grant the request for such extension if the Board
finds:
(a)
The imposition of the time limits set forth above would create significant
hardship; and
(b)
There has not been a significant change in zoning, subdivision, engineering,
stormwater, environmental, or other relevant review requirements or
standards since the initial approval or any subsequently granted extensions.
(2)
For
the purposes of this subsection a "significant hardship" includes,
but is not limited to:
(a)
A significant economic loss that the applicant would suffer if an
extension were not granted; or
(b)
An owner or applicant suffers an inability to timely proceed because
of a generally adverse economic climate, the owner or applicant suffers
a personal financial crises that detrimentally affect the ability
to proceed, or there has been a significant adverse event or events
in the personal affairs of the owner or applicant.
F.
In the event of any termination of subdivision approval(s) pursuant
to these provisions the Code Enforcement Officer shall cause a notice
of such termination to be either delivered personally to the applicant
and owner, or forwarded by certified mail, return receipt requested,
to the applicant and owner at the last address for the applicant on
file at the Town or at the County Assessment Office. Such notice shall
include an affidavit of service (personally or by mail) and such notice
shall be recorded in the Tompkins County Clerk's Office and indexed
to the applicable lands. The Town shall have no liability for any
such filing made in good faith. Any applicant or owner who believes
the termination of approval is not warranted may file an application
for a hearing before the Planning Board. Such application shall be
filed within 30 days of the delivery of the notice referred to above
(for this purpose "delivery" shall be deemed to occur on the date
the notice is personally delivered or the day it is delivered to the
postal service for mailing). The Planning Board shall hold a public
hearing thereupon within 60 days of receipt of such application, on
at least five days' prior notice given in the same manner as
required for subdivision approvals. The burden of establishing that
the approval should not be terminated shall rest upon the applicant.
If the Planning Board determines that the approval was improperly
terminated, it shall render a decision so stating and shall cause
a notice to that effect to be forwarded to the Tompkins County Clerk's
Office for recording indexing the same property as the prior notice
which it shall rescind. Any determination of the Planning Board regarding
such termination may be reviewed by a proceeding brought pursuant
to Article 78 of the Civil Practice Law and Rules. Such proceeding
shall be commenced no later than 30 days after the decision being
reviewed has been filed by the Planning Board.
G.
Nothing in this section is intended to alter the effect of Town Law
§ 265-a on lots in a subdivision when zoning is changed
to increase lot sizes or other requirements thereby render an existing
subdivision's lots nonconforming.
The purpose of this section is to establish basic design principles
and minimum standards that should be applied to all exempt subdivisions,
minor subdivisions, and major subdivisions in the Town. These principles
and standards are intended to promote and ensure sound, consistent,
efficient, and safe long-range development throughout the Town.
A.
Subdivisions and subdivision plats shall be designed so as to promote
efficient and beneficial land development patterns within the Town.
Plats shall conform to the proposals and conditions shown on the Comprehensive
Plan and Official Map of the Town. Roads, drainage ways, rights-of-way,
school sites, public playgrounds, and open spaces shown on any Comprehensive
Plan of the Town shall be considered in review of subdivisions.
B.
Lot sizes shall conform, at a minimum, to the lot sizes required in the applicable zoning classifications and location in which the subdivision is located, and the density, bulk, and dimensional requirements for lots as set forth in Schedule II of Chapter 270, Zoning, of the Town of Lansing as so amended. Flag lots are neither encouraged nor discouraged as, like any other lot or lot shape, they may in a given context or area possess positive or negative characteristics. However, and generally, three or more close or contiguous flag lots should be avoided due to driveway, curb cut, culvert, and traffic impacts. Shared driveways shall be encouraged where appropriate to avoid the negative impacts of flag lots. In all cases, however, flag lots may not be designed, used, or planned to partly or to wholly avoid the building of proper public or private roads; nor to avoid any other infrastructure or requirements of or for subdivisions within the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
As noted, all exempt subdivisions, minor subdivisions, and major
subdivisions containing any nonconforming lot shall not reduce such
lot in its area or in any dimension, whether through subdivision or
otherwise, so as to increase the amount of nonconformity, and all
such subdivisions shall endeavor, to the extent possible, to eliminate
any nonconforming lot(s). Conservation subdivisions may create exceptions
to zoning bulk and dimensional standards, when and as warranted for
good cause consistent with public health and safety to promote the
public goals of conservation subdivisions and clustering, but in general
no nonconforming lot should be increased in its degree of nonconformance,
nonconforming lots are not encouraged, and the elimination of nonconforming
lots is strongly encouraged. If there are so many changes to zoning
bulk and dimensional standards required, then the applicant should
consider a zoning change, such as through the planned development
area process.
D.
Roads shall be built in accordance with the current requirements
of the Town Highway Department. The layout of new roads, public or
private, shall be designed to provide for the appropriate extension
of existing roads and utilities, and shall take into consideration
topography, drainage, views, public convenience and safety, and the
proposed uses of the land to be served by such roads. All roads shall
require the permanent dedication of easements, in a form approved
by the Town, so as to permit utilities and related appurtenances and
infrastructure to be provided for the benefit of each lot and adjacent
owners. Roads shall also be designed and built to meet the following
general goals:
(1)
Roads whose primary function is to provide access to abutting residential
property shall be designed to discourage through traffic, and subdivisions
that abut primary and county roads shall be designed to provide an
adjacent service road, or reverse frontage, or to otherwise minimize
the number of lots that will require direct access to said primary
or county roads.
(2)
Road right-of-way widths shall not be less than 60 feet. Those roads
that are designated in the Comprehensive Plan as primary roads shall
have a seventy-five-foot right-of-way to accommodate future widening,
walkways, and utilities.
(3)
Road grades shall not exceed 10% for primary roads, and 12% for secondary
and local roads. Except as may be necessary at the bottom or crest
of a vertical curve, no road shall have a grade less than 0.5%. Horizontal
and vertical curves shall be designed with a minimum radius of 150
feet to provide safe sight distances.
(4)
Permanent dead-end roads shall be no longer than 10 times the narrowest
frontage of lots along such dead-end road. All permanent dead-end
roads shall provide a turnaround at the end with a pavement radius
or design that meets current Town specifications. The distance from
the edge of pavement to the right-of-way shall be no less than 15
feet. Alternative designs for a turnaround that are equally effective
may be considered by the Planning Board. Roads that may be continued
at a later date shall provide a temporary turnaround.
(5)
Any continuation of an existing road shall have the same name and,
to the extent possible, continuations of existing roads shall be of
the same width, design, and construction parameters as the existing
road.
(6)
All roads shall intersect as nearly at right angles as possible,
and in no case shall they intersect at an angle of less than 60°.
Road grades at intersections shall not exceed 5% for a distance of
80 feet from the center of the intersection. The intersections of
local roads with primary roads shall be kept to a minimum in subdivision
design so that hazards and delays to traffic movement on the primary
roads can be reduced. Turning lanes shall be provided when determined
to be necessary by the Planning Board.
(7)
Again, flag lots may not be used to partially or wholly avoid any
need, requirement, or obligation to build or provide suitable ingress,
egress, or public or private roads.
E.
Insofar as possible, all proposed subdivisions shall be designed
to allow for future access to adjacent properties and to roads in
adjacent subdivisions. When adjacent land is undeveloped, the Planning
Board shall require the building of all subdivision roads to the property
lines. When this is not possible or feasible, the Planning Board may
require the establishment of permanent rights-of-way to allow for
future connections to such adjacent properties.
F.
The size and shape of blocks shall be determined on the basis of
convenient pedestrian and vehicular traffic, circulation, control,
safety, and a pleasing physical design. Block lengths should not exceed
1,500 feet nor be under 400 feet and should take into account topography,
traffic control and safety, and the provision of utilities and public
services. Side lot lines should be perpendicular or radial to road
lines. Double frontage lots and lots with extreme lot depth (three
or four times width) should be avoided if possible. Corner lots should
have extra width to permit front yard setbacks from both streets.
Where there is a question as to the suitability of a lot for its intended
use due to factors such as slope, rock formations, flooding conditions,
sight distances, being a flag lot, etc., the Planning Board may require
modification of the design of such lot.
G.
All natural features such as trees, streams, hilltops, and views
shall be preserved whenever possible in designing and laying out any
subdivision. The Planning Board may require changes in the layout
to ensure that natural features will be preserved, undisturbed, or
incorporated into the plat or design. Where a subdivision contains
a pond or stream that is not a designated wetland, the natural flow
and course of drainage or any water body shall be preserved unless
the Planning Board determines that realignment will enhance the subdivision
without adverse impacts to adjoining properties, the environment,
and flora and fauna. Land subject to serious or regular flooding shall
not be subdivided for residential occupancy or for any other use that
may increase danger to life or property or that may aggravate the
flood hazard. Such land may be used, however, for such uses, or in
such a way, that the flood danger to the property and other upstream
or downstream properties will not be increased, and periodic or occasional
inundation will not be a threat to life or property.
H.
Wherever possible, electrical, communications, and utility services
shall be located underground or along rear property lines. In areas
where public water and sewer lines exist, the applicant shall install
all necessary lines and connections as required and approved by the
Town's engineer. Installation of water and sewer lines may be
required in areas where water or sewer districts have been established
or where the Planning Board has determined that such districts can
reasonably be expected. If a subdivision is located in an existing
or proposed water district, the applicant shall install fire hydrants
no more than 400 feet to 600 feet apart, at every intersection, or
as otherwise specified by the Town's engineer.
I.
All drainage improvements shall be constructed in accordance with
sound engineering principles and, where required, an approved SWPPP.
J.
All road signs shall be provided and installed by the Town at the
applicant's expense upon approval of the Town Highway Superintendent.
K.
Land shall be reserved for parks, playgrounds, open spaces, or other
recreational purposes, in all locations so designated in the Town
Comprehensive Plan, or elsewhere when the Planning Board deems that
such reservation would be appropriate. Such reservation shall be of
an area equal to approximately 5% of the gross area of the subdivision.
Land reserved for recreation purposes shall have physical characteristics
suitable for such intended purpose and it shall be suitably improved
by the developer or applicant to appropriately serve its intended
purpose(s). If the reservation of land for recreation or open space
purposes is deemed necessary but the available lands are deemed unsuitable
by the Planning Board, or the Town Board declines to approve or accept
such proposed dedicated or reserved land, the applicant shall make
a payment in lieu of land in accordance with the fee schedule, with
such funds to be used for the acquisition or upkeep of park, recreation,
and open space facilities in the Town.
A.
Before the Planning Board grants final approval of any final plat,
the applicant shall provide a performance guarantee in an amount set
by the Planning Department Staff for the full cost of the required
improvements and infrastructure, and the amount and form of the performance
guarantee shall be approved by the Town Board. Alternately, the applicant
may complete all required improvements to the satisfaction of the
Town and stipulate, in writing, that no building permits or certificates
of occupancy may be issued unless required improvements and infrastructure
have first been timely completed. If the applicant commences installation
of the improvements but has or will not complete them, the applicant
may still opt to thereafter proceed by posting a performance guarantee.
B.
In all cases, the required improvements and infrastructure shall
not be considered to be completed until properly inspected and "as
built" and "where built" surveys, diagrams, and maps, as applicable,
are filed with the Town, including surveys mapping actual road locations,
the locations of all underground utilities, and the location of all
monuments as actually installed. Permanent monuments (1 1/2 inches
galvanized pipe, one-inch iron pins, or their equal, each being a
minimum of 36 inches long) shall be set at all block corners or, if
no complete blocks are involved, at each corner of the subdivision.
Each corner of each lot in the subdivision shall also be marked by
iron pipes or pins.
C.
No new road, infrastructure, recreation area, easement, or other
proposed public space shown in any subdivision or upon on an approved
final plat shall become Town property until formally accepted by the
Town Board. Prior to final acceptance of roads or utilities, the Highway
Superintendent and Town Engineer shall determine that all public utilities,
roads, and required improvements have been completed in accordance
with the approved plans and specifications and applicable requirements
and regulations.
A.
Where the Planning Board finds that, due to the special circumstances
of a particular application or case, a waiver of certain requirements
or procedures is justified, a waiver may be granted. In all cases,
no waiver shall be granted unless the Planning Board finds and records
in its minutes that:
(1)
Granting the waiver would be keeping with the intent and spirit of
this chapter, and is in the best interests of the community;
(2)
There is no adverse effect upon the character, appearance, or welfare
of any neighborhood or the environment;
(3)
There are special circumstances involved in the particular case;
(4)
Denying the waiver would result in undue hardship, provided that
such hardship has not been self-imposed; and
(5)
The waiver is the minimum necessary degree of variation from the
requirements of this chapter.
B.
When the Planning Board finds that, due to the special circumstances
of a particular area, the provision of certain required improvements
or infrastructure is not necessary or in the interest of public health,
safety, and general welfare, or is inappropriate due to the inadequacy
or lack of existing or proposed connecting facilities in the area
of a proposed subdivision, the Planning Board may waive such requirements
subject to such appropriate conditions as it may wish to impose.
C.
All variances shall be exclusively within the jurisdiction of the
Zoning Board of Appeals and nothing in this chapter is intended to
supersede, abridge, or vary the requirements of Town Law §§ 267,
267-a and 267-b.
D.
It is not the intent of this chapter to effect uniformity or standardization
in the development of subdivisions in the Town. When imaginative and
beneficial design concepts are proposed by an applicant, the Planning
Board may grant waivers to permit the accomplishment of such concepts
as long as such waivers do not violate any other applicable laws or
regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each and all remedies and rights provided to the Town under
this section shall be cumulative and the Town's pursuit of any
one right or remedy does not effect a waiver or an election of remedies,
and the Town may thereafter pursue or continue to pursue any other
right or remedy it may have in law, equity, or in admiralty. The rights
and remedies herein stated are not the exclusive rights and remedies
of the Town. The violation of this chapter shall permit enforcement
in any one or more of the following manners:
A.
When any term, provision, or requirement of this chapter is violated,
the Enforcement Officer may issue a written notice of violation to
the applicant (or other person in violation hereof). The notice of
violation shall contain: the name and address of the person alleged
to have violated this chapter; the address, when available, or a description
of the building, structure or parcel upon which the violation occurred
or is occurring; a brief statement specifying the nature of the violation;
a statement of the fine or penalty that may or could be assessed against
any person to whom the notice of violation is directed; and a clear
statement identifying whether the notice commences or may commence
a civil or criminal proceeding. The failure to comply with a written
notice of violation by correcting the violation is in itself a separate
violation of this chapter, and may be enforced as such.
B.
Stop-work orders; permits and approvals; reviews; restoration.
(1)
The enforcement officer may issue stop-work orders for violations
of this chapter.
(2)
Any person receiving a stop-work order shall be required to halt
all clearing, grading, and construction until the Enforcement Officer
or a court of competent jurisdiction allows work to re-commence.
(3)
In addition to any other remedy, a violation of or noncompliance
with this chapter may result in the termination, modification, or
revocation of any permits or approvals as issued, the refusal of the
Town to issue any approvals, endorsements, certifications, building
permits, certificates of occupancy, certificates of compliance, and
any similar or other document or approval until the applicant or person
rectifies and cures such violation. Additionally, until the violation
or noncompliance is abated, the Town may suspend any review or other
proceedings in relation to any pending matters or any subdivision
applications or approvals.
(4)
In addition, any person who has been held in violation of this chapter
may also be required to restore or repair any land to its undisturbed
condition. A repair or remediation order may be filed and served and,
if restoration is not undertaken within a reasonable time after notice,
the Town may take necessary corrective action, the cost of which shall
become a lien upon the property until paid. In addition, the Town
may commence any one or more civil proceedings in any court of competent
jurisdiction to recover the costs of such remediation, repair or restoration,
together with all consequential and incidental losses, costs, expenses,
and damages, including reasonable attorneys' and experts'
fees.
(5)
Any documents improperly filed with the County Clerk pertaining to
subdivision approvals or related matters under this chapter shall
be a nullity, and the Town may also order any person or entity, including
the applicant or the filing party, as a part of any repair or remediation
order, to cancel such filings of record.
C.
All provisions of New York State law generally applicable to misdemeanors
shall apply to any criminal proceeding brought under this chapter,
and any misdemeanor shall be deemed an unclassified misdemeanor. For
purposes of this chapter, the Town's justice court is hereby
vested and imbued with jurisdiction to issue administrative and other
warrants in compliance with the New York Criminal Procedure Law and
administrative codes of the State of New York, as well as to hear
and adjudicate allegations relating to the criminal or civil violation
of this chapter and thereafter, if appropriate, impose any fine, penalty,
or sanction.
D.
Any person or entity that violates any of the provisions of this
chapter shall be guilty of a criminal violation and subject to a fine
of not more than $2,500, or subject to a civil penalty of not more
than $5,000 to be recovered by the Town in a civil action. Each week
that any noncompliance or violation continues is and may be charged
as a separate violation.
E.
The application or pursuit of any civil or criminal fine, sanction,
or penalty shall not preclude the pursuit of any other lawful remedy
by the Town, including, but not limited to, the right to seek equitable
relief.
(1)
Whenever
the Town shall believe from evidence satisfactory to it that there
is a violation of this chapter, the Town may bring an action to enjoin
and restrain the continuation of such violation and in any such action:
(2)
In
such action, the court may also award any damages or other relief
requested, including declaring the rights and interests of any parties
and imposing any civil penalties. The remedies provided by this chapter
shall not be in lieu of, and shall be in addition to, any other right
or remedy available to the Town, whether sounding in enforcement or
otherwise.
The Town, and its officers, employees, and agents, shall not
be liable or responsible for any injuries to persons or damages to
property due to the Town's actions, or failures to act, under
or pursuant to this chapter unless it is proven to a reasonable degree
of certainty that such injury or damage was a primary cause of such
injury, loss, or damage and was principally caused by a willful or
intentional act of the Town, its officers and agents. This provision
shall be construed and applied to the maximum extent permitted by
law, does not waive any sovereign or governmental immunity of the
Town, and does not create any theory or claim of liability where none
exists at law or in equity.
Any fees referenced in this chapter may be set and periodically
updated by the Town Board by resolution. Without limiting the requirements
of this chapter, fee schedules may be developed for subdivision and
permit applications, their review or renewal, any related amendments,
inspections, approvals and reviews by the Town and its agents, including
title reviews, roadway inspections reviews and dedications, SEQRA
reviews, stormwater review, and any other incurred expense of the
Town; subject only the rule that such expense or fee be reasonable
and lawfully chargeable to the person charged by law. All such fees
shall be reasonably determined in accord with law and periodically
reviewed by the Town Board to ensure reasonableness and legality.
Whenever the Town incurs any expenses in relation to any application,
review, or approval or permit issuance process, such as, but not limited
to, postage, publication, photocopying, or consulting (including legal
and engineering consulting), the reasonable cost of such expenses
shall be reimbursed to the Town by the applicant when permitted by
law, including pursuant to the federal, state, and local laws and
regulations pertaining to environmental and stormwater review.
Any person aggrieved by any decision or determination of the
Town may have said decision or determination reviewed by the Supreme
Court in the manner provided by Article 78 of the Civil Practice Law
and Rules. This provision shall not, however, expand the jurisdiction,
scope, or applicability of said Article 78, create a right of standing
where such right does not otherwise exist, or waive any claims, rights,
or defenses the Town may have regarding questions of law or fact pertaining
to the judicial and legal concepts of ripeness, standing, timeliness,
governmental immunities, or of any other matter. Further, all administrative
remedies and appeals must be fully exhausted before any person may
commence any proceeding under said Article 78.
