Whenever any subdivision of land as hereinafter defined is proposed to be made, and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made, the subdivider shall apply in writing to the Planning Board for the approval of such subdivision. The application of the subdivider shall conform to the specification in §§ 62-7, 62-8 and 62-9 of this chapter.
A.
The subdivider shall file a preapplication sketch
plan of the proposed subdivision with the Planning Board for its recommendations
prior to the submission of the preliminary layout. The sketch plan
shall be filed with the Secretary of the Planning Board at least 30
days prior to a regular scheduled meeting of the Planning Board.
B.
The sketch plan will be reviewed by the Town Engineer
and Highway Superintendent prior to submission to the Planning Board.
C.
Such sketch plan, shown on a topographic survey, shall
show in general form the proposed layout of streets and their relationship
to existing traffic arteries and other facilities which will serve
or influence the proposed subdivision.
D.
The Planning Board, the Town Engineer and the subdivider,
at a regular meeting, shall study the sketch plan and any accompanying
information. The Planning Board shall notify the subdivider within
15 days that the sketch plan does or does not meet the objectives
of these subdivision regulations and elaborate upon it for said decision.
E.
It may be necessary for other preapplication meetings.
Subjects to be addressed will include but not be limited to:
After approval of the sketch plan, the subdivider shall prepare the preliminary layout of the subdivision in accordance with this section and the recommendations of the Planning Board resulting from the sketch plan review as noted in § 62-7 above.
A.
Step I. The subdivider shall submit two copies of
a preliminary layout of the proposed subdivision to the Secretary
of the Planning Board. The preliminary layout shall be drawn to a
scale of not more than 100 feet to the inch, showing or accompanied
by the following information:
(1)
The proposed subdivision name and/or identifying title
and the name and address of the owner of record, the subdivider and
the designer of the preliminary subdivision layout, date, scale and
true North direction.
(2)
The deed description and a map or survey of the tract
boundary made and certified by a licensed land surveyor and, where
practicable, tied into established reference points, such as existing
street corners, highways or permanent boundary monuments.
(3)
A topographic map of the parcel of land to be subdivided
at the same scale as the preliminary layout, showing five-foot contour
intervals.
(4)
The name, location and dimensions of existing or proposed
streets, highways, alleys, parks and other public open space or uses
of adjacent properties.
(5)
The location and dimensions of any street or other
public way or place platted upon the Official Map of the Master Plan
of the Town, if such exists, for the property to be subdivided.
(6)
The location of existing sewer, water or other utility
lines, including culverts, drains and easements on the property to
be subdivided, and the eventual disposal of all effluent so generated.
(7)
The location, dimensions, grades and profiles of all
streets or other public ways proposed by the subdivider.
(8)
Typical cross sections of proposed roadways, sidewalks
and grades drawn at an appropriate scale.
(9)
The proposed layout of lots, showing lot lines and
dimensions and any areas to be dedicated or reserved for parks or
other public areas.
(10)
The proposed sanitary sewer and water supply plan,
showing methods for obtaining and furnishing adequate and satisfactory
water supply and sewage facilities in accordance with §§ 1115
through 1118, New York State Public Health Law. This plan shall include
a feasibility study comparing on-site versus a community system for
both sewage and potable water. This study shall include costs, schematic
plans and impact on development.
(11)
The proposed plan for collecting and discharging surface
water drainage on the site and its eventual disposal.
(12)
Excavation.
(a)
If the subdivider intends to excavate or have
excavated gravel, sand, rock, topsoil or other similar materials for
reuse at some point on the site of subdivision, such intention shall
be so stated on the plat or its accompanying information. This statement
shall include an estimate of the amount in volume measurement units
of such materials to be excavated.
(b)
Removal of excavated material from the site
shall be limited to that excess not required for final grading, etc.
The developer shall state his intention at the time of submission
with an estimate of volume to be removed and the timetable. The developer
shall refer to the Town and New York State Department of Environmental
Conservation excavation regulations.
(13)
Where the preliminary layout submitted covers only
a part of the subdivider's entire holding, a sketch of the prospective
future street system of the unsubmitted part will be considered in
light of adjustments and connections with the street system of the
part submitted. The subdivider will also provide access into adjacent
property not owned by him or by parties associated with him.
(14)
In each new or proposed subdivision, lots shall be
numbered consecutively for clarity.
B.
Step II.
(1)
The Planning Board shall study the preliminary layout
and accompanying information in connection with the topography of
the area, the existing requirements of the Zoning Ordinance, if such
exists, the Master Plan and the Official Map, if such exists, and
shall take into consideration the general requirements of the community
and the best use of the land to be subdivided. Particular attention
shall be given to matters enumerated in § 277 of the Town
Law, as well as to specific requirements for parks, playgrounds, school
sites, highways and streets, the adequacy of street connections and
the suitability of the land for development.
(2)
Upon arriving at tentative conclusions, the Planning
Board shall discuss the preliminary layout with the subdivider or
his agents at a regular meeting of the Planning Board.
C.
Step III.
(1)
Within 30 days after such discussion, Step II, Subsection B(2), the Planning Board shall notify the subdivider in writing of the following:
(2)
The Planning Board will also submit data required
by §§ 239-k, 239-l and 239-m of New York State General
Municipal Law to Broome County Department of Planning and Broome County
Highway Department, where applicable.
(3)
The Planning Board's tentative approval of the preliminary layout shall not constitute approval of the final subdivision plat. Rather, it shall be deemed an expression of approval to the layout submitted as a guide to the preparation of the final subdivision plat, § 62-9, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these subdivision regulations.
(4)
The Planning Board shall advise the Town Board that
the plan is ready for the establishment of the bond amount.
A.
Step I.
(1)
The subdivider, after official written notification
by the Planning Board with respect to the preliminary layout and the
changes to be made thereon, if any, shall within six months thereafter
file with the Planning Board the original drawings of the subdivision
plat. These shall be clearly and legibly drawn in ink upon reproducible
Mylar. The size of the sheets shall be 22 by 34 inches and shall include
a margin of one-inch outside ruled borderline on three sides and two
inches along the twenty-two-inch side for binding. The drawings shall
be at a scale of not more than 100 feet to the inch. When more than
one sheet is required, an additional index sheet, at an appropriate
scale, shall show the entire subdivision on one sheet with lot and
block numbers. The subdivision plat shall show or be accompanied by
the following information:
(a)
Proposed subdivision name or identifying title and
the name of the Town and county in which the subdivision is located;
the name and address of record owner and subdivider; name, license
number and seal of the professional engineer and/or land surveyor
responsible for the design, survey of the subdivision and/or the preparation
of the plats, data, scale and the true North direction.
(b)
Lines and widths of streets, pedestrianways, lots,
reservations, easements and all other areas to be dedicated to public
use or to be held in reserve.
(c)
The length of all straight lines, the deflection,
angles, radii, length of curve and central angles of all curves, tangent
distances and tangent bearings for each street and the dimensions
and bearings of the boundary line of each lot. All dimensions shall
be shown in feet and decimals of a foot.
(d)
Sufficient data acceptable to the Town Engineer in
order that he might readily determine the location, bearing and length
of every street line, lot line and boundary line, and reproduce such
lines upon the ground. Where applicable, these should be referenced
to monuments included in the state system of plane coordinates, and
in any event should be tied to reference points previously established
by a public authority.
(e)
Typical cross sections of streets and roads, including
drivestrips, curbs, walks and/or shoulders drawn to scale.
(f)
The layout of all permanent improvements, such as
sanitary sewers, storm sewers, water mains, curbs, gutters and culverts,
showing sizes, grades and elevations, the location of basins, manholes
and other underground conduits or appurtenances where such items are
integral parts of the subdivision.
(g)
Be accompanied by four copies of the subdivision plat
and the construction detail sheets, as described below. Construction
detail sheets shall show the following information, except that where
requirements have been waived, applicable specifications may be omitted:
[1]
Profiles showing existing and proposed elevations
along the center lines 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
shall be shown. All elevations must be referred to established United
States government or approved local benchmarks where they exist within
1/2 mile of the boundary of the subdivision.
[2]
The Planning Board may require, where steep
slopes exist, that 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, at each property line and at points
30 feet inside each property line.
[3]
Plans and profiles showing the location and
typical section of street pavements, including curbs and gutters,
sidewalks, manholes and catch basins; the location of street trees,
streetlighting standards and street signs; the location, size and
invert elevations of existing and proposed sanitary sewers, stormwater
drains and fire hydrants; and the exact location and size of all water,
gas or other underground utilities or structures.
(h)
All plans shall conform to the Standard Specifications
for Public Works, adopted by the Town Board, and shall be subject
to the approval of the Town Engineer.
(i)
Comply in all respects with the preliminary layout,
changed in accordance with the tentative approval.
(j)
Lot areas in square feet.
(k)
Lots and blocks within the subdivision numbered and
lettered in alphabetical order in accordance with the prevailing Town
practice.
(l)
Permanent reference monuments shall be shown thus:
"X."
(m)
Lot corner marks shall be shown thus: "O."
(n)
Also to be shown by proper designation on the plat
will be all public open spaces, other than streets, for which deeds
of cession are submitted and those spaces to which title is reserved
by the subdivider. Copies of agreements or other documents showing
the manner in which such areas are to be maintained and the provisions
made therefor, offers of cession, deeds and covenants governing the
maintenance of conceded open spaces shall be approved by the Town
Attorney as to the legal sufficiency.
(2)
The Secretary of the Planning Board shall deliver
to the subdivider a certificate of submission which shall certify
the date on which the subdivider submitted his subdivision plat which
is complete enough to warrant a public hearing.
B.
Step II. Within 30 days from the date of submission
of the subdivision plat, the Planning Board shall hold a public hearing
thereon in compliance with § 276 of the Town Law. The subdivider
shall be in attendance.
C.
Step III.
(1)
In general and before the start of the forty-five-day
period as noted below and at the discretion of the Board, the subdivider
shall file with the Board a performance bond complying with § 277
of the Town Law and satisfactory to the Town Board as to form, sufficiency,
manner of execution and surety for the completion of such improvements
that are to become personal responsibility and subject to approval
of the Town Attorney and the Board.
(2)
Within 45 days from the date of public hearing on
the subdivision plat, the Planning Board shall notify the subdivider
in writing of the approval, approval with modifications or disapproval
of the subdivision plat.
(3)
In case of the disapproval of any subdivision plat
submitted, the grounds of disapproval shall be stated upon the records
of the Planning Board.
D.
Step IV. Signing of plat.
(1)
Every subdivision plat submitted to the Board for
its approval shall carry the following endorsement:
|
Approval by resolution of the Planning Board
of the Town of Chenango, New York, on __________________, ____, 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 _____________________________, ____, by
| |
|---|---|
|
Chairman
|
(2)
In the absence of the Chairman, the Acting Chairman
may sign in his place.
E.
Step V. Approval of the subdivision plat shall, however,
not be deemed final until the subdivider has complied with the following:
(1)
The subdivider shall complete, in accordance with
the Planning Board's decision, to the satisfaction of the Town Engineer
and any other official or body authorized by the Town Board to act,
all the street and other improvements specified in § 277
of the Town Law and not specifically waived by the Board; and/or
(2)
The subdivider shall obtain the approval of the New
York State Department of Health, Division of Sanitation, in accordance
with §§ 1115 through 1118, New York State Public Health
Law.
(3)
Endorsement of County Health Department. Insofar as
possible, the proposed subdivision plat shall be properly endorsed
by the Broome County Health Department or other pertinent health agency
as meeting the standards of the Broome County Sanitary Code or other
applicable health code before any public hearing is scheduled. The
plat should be in final form before the Broome County Health Department
or other health agency approval. If such health department required
Town approval before its consideration of the plat, the Planning Board
may approve subject to health department approval and subject to consideration
of any changes required by such department.
F.
Step VI. Within 90 days of final approval of the subdivision
plat by the Planning Board, the subdivider shall file a copy of the
subdivision plat in the office of the County Clerk. Said subdivision
plat shall be endorsed in writing on the plat in such a manner as
the Planning Board may designate. Such endorsement shall stipulate
that the plat does not conflict with the County Official Map, where
one exists, or in cases where plats do front on or have access to
or are otherwise related to roads or drainage systems shown on the
county map, that such plat has been approved in the manner specified
by § 239-k of General Municipal Law. Such final approval
shall have been deemed to expire if the plat is not so filed within
said 90 days.
G.
Step VII. The subdivider shall, within 10 days after
filing the subdivision plat with the County Clerk, file a copy of
the same plat with the Town Board.
H.
Step VIII. After such plat has been filed with the
County Clerk and the Town Board, the subdivider may proceed with the
work necessary to construct and install the proposed streets and other
improvements in accordance with the approved subdivision plat. Such
construction and installations shall be in accordance with all applicable
rules and regulations as established by the Town Superintendent of
Highways, the Town Engineer and/or any other official so designated
by the Town Board.
(1)
Once subdivision site work is underway, the subdivider shall cooperate with the Town Engineer or any other duly designated official who shall be responsible for the inspections necessary to ensure that all work is in accordance with the applicable standards set forth in Article IV of these subdivision regulations and the standard specifications for public works.
(2)
Permanent referenced monuments of a type approved
by the Town Engineer shall be set at all corners and angle points
of the boundaries of the original tract to be subdivided and at all
street intersections, angle points in street lines, points of curve
and such intermediate points as shall be required by the Town Engineer.
When referenced to the state system of plane coordinates, they shall
also conform to the requirements of the State Department of Public
Works.
(3)
All lot corner markers shall be permanently located,
satisfactory to the Town Engineer, at least 3/4 inch (if metal) in
diameter and at least 36 inches in length, and located in the ground
to existing grade.
(4)
The developer, upon completion of 75% of the development.
The approval section shall complete the curb, gutter and other street
improvements in accordance with the regulations and approval plan.
A.
Titles. Upon completion of the construction and installation
of streets and other improvements in accordance with the approved
subdivision plat and upon submission to the Town Board of satisfactory
deeds, abstracts of title and easements for streets, storm sewers,
sanitary sewers, waterlines and other utilities, as required, the
Town Board shall take all necessary steps to accept these improvements
for public use and permanent maintenance, in accordance with provisions
of the Town Law and any other applicable law, posted and filed with
the Town to guarantee any of the aforesaid proposed construction and
installation.
B.
Accounts. Notwithstanding any of the foregoing, the
Town Board shall require from the subdivider an affidavit stating
that all bills and accounts for materials and labor used in the construction
of improvements have been paid before said improvements will be accepted
by the Town Board for public use and maintenance.
C.
Inspections. No street, sanitary sewer, culvert, curb
and gutter, sidewalk, waterline, manhole, pump, catch basin or any
other similar public facility shall be accepted by the Town until
it has been inspected by the Town Engineer and certified in writing
as being acceptable.
D.
All underground public facilities will require the
submission and approval of an as-built plan prepared by a qualified
engineer showing actual locations, sizes, dimensions, materials and
any other data required by the Town Engineer.
