The subdivider or his representative shall attend
all meetings of the Planning Board at which his application is being
considered.
The "time of submission" shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 15 days prior to which the application, complete and accompanied by the required fee and all data required by the various Articles and sections of this Part 1, has been submitted to the Director of Planning.
The Secretary of the Planning Board shall be
the Administrative Clerk of the Board for the purpose of receiving
applications.
The owner may place restrictions on the development greater than those required by Chapter 300, Zoning. The greater restrictions, however, shall be indicated on the plat submitted.
No change, erasures, modifications or revisions
shall be made in any subdivision plat after approval has been given
by the Board and endorsed, in writing, on the plat, unless said plat
is first resubmitted to the Board. In the event that any such subdivision
plat is recorded without complying with this requirement, the same
shall be considered null and void, and the Board shall institute proceedings
to have the plat stricken from the records of the County Clerk.
Regardless of ownership, no final plat which
has been reviewed as part of a preliminary plat and/or may be an extension,
part or section of a previously approved plat shall be approved by
the Board if the required improvements in previously approved and
recorded plats contained within the bounds of the area shown on the
approved preliminary plat have not been expeditiously and properly
constructed. As a condition for the approval of such additional plats,
the Board shall require that the conditions of the former approvals
be met by the instant subdivided and improper construction rectified
before the Board shall take action on the plat.
In the case of a resubdivision, the same procedure,
rules and regulations shall apply as for an original subdivision.
No building shall be located in the bed of a
mapped street as shown on the Official Map unless a permit is obtained
from the Zoning Board of Appeals in conformity with § 280
of the Town Law.
A.
Section 280-a of the Town Law prohibits the issuance
of a building permit for the erection of any structure unless the
access to such structure is from a suitably improved street or highway
which has been placed upon the Official Map. In such cases the applicant
shall contact the Town Engineer so as to be advised of the requirement
attached to such request.
A.
Two street trees shall be planted on all lots in locations
as indicated on approved plans. In the event that certain lots are
heavily wooded and do not require these trees, then said trees shall
be planted on less wooded lots in the confines of the plan in question.
The final location shall be determined by the Town Engineer or his
duly authorized representative after site inspection.
B.
Standards for street trees shall be in accordance
with the recommendations as set forth in American Standards for Nursery
Stock, ANSI Z60.1 of the American Nursery and Landscape Association.
[Amended 2-2-1999 by L.L. No. 2-1999; 12-14-2010 by L.L. No. 16-2010]
C.
Balled trees may be planted any time during the year,
provided that the ground is not frozen or in an unworkable condition.
Such trees shall have a minimum ball diameter of 20 inches. Trees
planted during June, July and August shall have been dug and balled
during a dormant stage.
D.
All trees shall be planted in a properly prepared
hole so that tree roots shall have six inches of topsoil below roots
and extending six inches beyond all sides of root spread. A mulch
consisting of two inches of wood chips shall complete the bedding.
All trees shall be staked in accordance with the detailed drawing
contained in the latest road specifications for the Town of Yorktown.
E.
The guaranty shall be one year from the time of planting.
It shall be the duty of the land developer to provide certification
on a form supplied by the Town Engineer from a recognized landscape
contractor, preferably a member in good standing of any accredited
nurseryman association, attesting to the type, time and method of
planting in accord with these specifications and providing the guaranties
as set forth.
F.
The following is a list of acceptable street trees.
No variation shall be allowed without written permission of the Town
Engineer. Plantings shall be alternated using the following species:
[Amended 6-17-1986 by L.L. No. 15-1986]
In all cases of subdivision layouts or plats,
where the Planning Board accepts cash in lieu of land dedication for
park, playground and recreational purposes, the cash value shall be
determined in the following manner:
A.
The Planning Board shall first determine the number
of new building lots to be created by the subdivision, i.e., lots
which do not include existing homes.
B.
The cash amount shall be as set forth in § 168-1, Master Fee Schedule for Land Development Applications and Permits.
[Amended 2-2-1988 by L.L. No. 6-1988; 1-16-1990 by L.L. No. 2-1990; 11-21-2006 by L.L. No. 15-2006; 10-5-2010 by L.L. No. 9-2010]
C.
The Planning Board shall transmit said information
to the Town Board. All moneys shall be paid over to the Town of Yorktown
and deposited in a special account to be used for park, playground
and recreational purposes in such manner as may be determined by the
Town Board from time to time.
The authorized officers of the Board, for the
purpose of signing approved subdivision plats, shall be the Chairman
and Secretary or, in their absence, the Vice Chairman and Acting Secretary
respectively.
Due regard shall be shown for the preservation
of all natural and man-made features which add value to the community.
Such features include large trees or groves, watercourses, lakes,
ponds, marshes and falls, beaches, historic spots and sites and similar
irreplaceable assets. Said features shall be protected and preserved
by appropriate covenants, easements and/or dedication to the Town
or similar body.
Whenever the Town Board, Planning Board or Zoning
Board of Appeals requires the submission of a traffic report for an
application under review, the following content and format for such
report is deemed to be the minimum for such a submission (in 25 copies):
A.
Scope of study, including site location by map at
a scale of one inch equals 400 feet. The scope of study must be sufficient
to completely evaluate the traffic to be generated by the proposed
facility and the consequent impact on the adjacent street system.
Particular attention is to be given to the location and anticipated
use of driveways on the abutting streets. The capacity analysis of
all streets bordering the site is of importance. Recommendations for
traffic signals or systems, if warranted, as well as the need for
any channelization, acceleration lanes, deceleration lanes and left-turn
slots should be reviewed and the responsibilities for their design
and construction should be fixed.
C.
Description of proposed use.
D.
Anticipated traffic conditions:
(1)
Anticipated site traffic by time and use.
(2)
Customer approach traffic distribution, including
a table and map showing the direction and percentages.
(3)
Anticipated p.m. peak hour employee and customer traffic.
(4)
Exiting and entering traffic volumes shown on a table
and map indicating the distribution.
(5)
The projected highway traffic for the first, fifth,
10th and 20th year following publication of the report shall include
a diagram showing the projected highway traffic, entering project
traffic and exiting project traffic for p.m. peak hours.
(6)
Volume-capacity relationship.
F.
Recommendation and conclusions.
Upon receipt of an application for conditional
approval of a preliminary layout, the Board shall refer the same to
the Town Board for its advice on sewering of the lands in the application.
