[HISTORY: Adopted by the Town Board of the Town of Concord 2-10-1997
by L.L. No. 1-1997. Amendments noted where applicable.]
A.
The Town Board of the Town of Concord, through the advice
of its Planning Board pursuant to the provisions of Article 16 of the Town
Law of the State of New York, does hereby retain the power to review plats
showing lots, blocks or sites, with or without streets or highways, to review
the development of entirely or partially undeveloped plats already filed in
the office of the Clerk of the County of Erie and to approve conditional final
plats within the Town of Concord.
B.
It is declared to be the policy of the Town of Concord
to consider land 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 shall be of such character that it can be used safely
for building purposes without danger to health or peril from fire, flood or
other menace; that proper provision shall be made for drainage, water supply,
sewerage and other needed improvements; that all proposed lots shall be so
laid out and of such size as to be in harmony with the development pattern
of the neighboring properties; that the proposed streets shall compose a convenient
system conforming to the Official Map, if such exists, and shall be of such
width, grade and location as to accommodate the prospective traffic, to facilitate
fire protection and to provide access of fire-fighting equipment to buildings;
and that proper provision shall be made for open spaces for parks and playgrounds.[1]
C.
In order that land subdivision may be made in accordance
with this policy, these regulations, which shall be known as and which may
be cited as the "Town of Concord Land Subdivision Regulations," have been
approved by the Town Board on February 10, 1997.
For the purpose of this chapter, certain words and terms used herein
are defined as follows:
A composite of the mapped and written proposals recommending the
physical development of the Town, prepared by the Planning Board pursuant
to § 272-a of the Town Law, which indicates the general locations
recommended for various public works and reservations and for the general
physical development of the Town, and includes any part of such plan separately
adopted and any amendment to such plan or parts thereof.[1]
Conditional approval by the Town Board of a final plat subject to
conditions set forth by the Town Board in a resolution conditionally approving
such plat. Such conditional approval does not qualify a final plat for recording
nor authorize the issuance of building permits prior to the signing of the
plat by the Town Clerk and recording of the plat in the office of the County
Clerk or Registrar in accordance with the provisions of this chapter.
A short street having but one end open to traffic and the other end
being permanently terminated by a vehicular turnaround.
The lands required for the installation of stormwater sewers or drainage
ditches or required along a natural stream or watercourse for preserving the
channel and providing for the flow of water therein to safeguard the public
against floor damage.
The lands created through authorization by a property owner for the
use by another and for a specified purpose of any designated part of his property.[2]
The signing of a final plat by the Town Clerk of the Town of Concord
after a resolution granting final approval to the plat or after conditions
specified in the resolution granting conditional approval of the plat are
completed. Such final approval qualifies the plat for recording in the office
of the County Clerk or Registrar in the county in which said plat is located.
A piece, parcel or plot of land intended as a unit for transfer of
ownership or for development which is five acres or less.
The map, if any, established by the Town Board under § 270
of the Town Law, showing the streets, highways, parks and drainage systems
heretofore laid out, adopted and established by law, and any amendments thereto
adopted by the Town Board or additions thereto resulting from the approval
of subdivision plats by the Town Board and the subsequent filing of such approved
plats as provided for under § 278 of the Town Law.
Any security which may be accepted in lieu of a requirement that
certain improvements be made before the Town Board approves a plat, including
performance bonds, escrow agreements and other similar collateral or surety
agreements.
The Town of Concord Planning Board as established pursuant to the
provisions of Article 16 of the Town Law.
A drawing prepared in the manner prescribed by this chapter, showing
the layout of a proposed subdivision, including but not restricted to road
and lot layout and approximate dimensions, key plan, topography and drainage,
all proposed facilities unsized, including preliminary plans and profiles,
at a suitable scale and in such detail as may be required.
Approval by the Town Board of the layout of a proposed subdivision
as set forth in the preliminary plat, but subject to approval of the plat
in final form in accordance with the provisions of subdivision of this chapter.
Revision of all or part of an existing filed plat, including consolidation
of lots.
Any street, avenue, boulevard, road, lane, parkway, alley or other
way which is an existing state, county or municipal roadway or way shown upon
a plat theretofore approved pursuant to law or approved by official action,
or a street or way on a plat duly filed and recorded in the office of the
County Clerk of Erie County prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats, and includes the land
between the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, sidewalks, parking area and other areas within
the street lines. For the purpose of this chapter, streets shall be classified
in accordance with the Erie and Niagara Counties Regional Planning Board Trafficways
Plan and as indicated on the Town of Concord Comprehensive Plan.
LOCAL RESIDENTIAL STREET (with parking)That which includes the principal entrance street of a residential development and streets for circulation within such a development.[3]
The wearing or exposed surface of the roadway used by vehicular traffic.
The distance between property lines or right-of-way lines.
Any person, firm, corporation, partnership or association who shall
lay out, for the purpose of sale or development, any subdivision or part thereof
as defined herein, either for himself or others.
Any tract of land which is divided into five or more parcels, effective
February 10, 1997, along any existing or proposed street(s), highway(s), easement(s)
or right(s)-of-way for sale or for rent as residential lots or residential
building plots, regardless of whether the lots or plots to be sold or offered
for sale or lease for any period of time are described by metes or bounds
or by reference to a map or survey of the property or by any other method
of description and regardless of whether the lots or plots are contiguous.
A tract of land shall constitute a subdivision upon sale, rental or offer
for sale or lease of the fifth residential lot or residential building plot
therefrom within any consecutive three-year period, including the first four
parcels, regardless of whether said parcels have been sold, rented or offered
for sale either singly or collectively. The word "tract" shall mean any body
of land, including contiguous parcels of land, under one ownership or under
common control of any group of persons acting in concert as part of a common
scheme or plan. "Residential building plot or lot" shall mean any parcel of
land five acres or less, any point on the boundary line of which is less than
1/2 mile from any point on the boundary line of another such lot in the same
tract, unless any such lot may not legally be used for residential purpose.
Without limiting the generality of the foregoing, the term "residential" shall
include temporary, seasonal and permanent residential use. "Subdivision" does
not include any parcel of land acquired as one parcel for the residential
purposes as provided in the New York Public Health Law § 1115-a.
A drawing, in final form, showing a proposed subdivision, containing
all information or detail required by law and by this chapter, to be presented
to the Town Board for approval and which, if approved, may be duly filed or
recorded by the applicant in the office of the Erie County Clerk.
The duly designated Engineer of the Town of Concord.
The officially adopted Zoning Ordinance of the Town of Concord, together
with any and all amendments thereto.[4]
[3]
Editor's Note: The former definitions of “major rural collector” and “minor rural collector,” which immediately preceded this definition, and the former definitions of “minor residential street” and “marginal service street,” which immediately followed this definition, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Whenever any subdivision of land is proposed to be made and before any
contract for the sale of or any offer to sell any lots in such subdivision
or any part thereof is made, and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the subdivider or his duly
authorized agent shall apply, in writing, for approval of such proposed subdivision
in accordance with the procedures set forth in this chapter.
A.
Submission of sketch plan. Any owner of land shall, prior
to subdividing or resubdividing land, submit to the Town Clerk of the Town
Board, at least 10 days prior to the regular meeting of the Board, two copies
of a sketch plan of the proposed subdivision which shall comply with the requirements
of this chapter for the purposes of classification and preliminary discussion.
The Town Board shall refer said sketch plan to the Planning Board for recommendation.
B.
Discussion of requirements. The subdivider, or his duly
authorized representative, shall attend the meeting of the Planning Board
to discuss the requirements of these regulations for street improvements,
drainage, sewerage, water supply, fire protection and similar aspects, as
well as the availability of existing services and other pertinent information.
C.
Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the purposes of these regulations and shall,
where it deems it necessary, make specific recommendations, in writing, to
be incorporated by the application in the next submission to the Planning
Board or Town Board.
A.
Application and fee.
(1)
The subdivider shall submit a preliminary plat of the proposed subdivision, in the form described in § 129-15 hereof, for consideration. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and § 129-15 of this chapter.
B.
Number of copies. Twelve copies of the preliminary plat
shall be presented to the Secretary of the Planning Board at least 10 days
prior to a regular monthly meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of the Planning
Board or Town Board to discuss the preliminary plat.
D.
Study of preliminary plat. 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 future development of adjoining
lands as yet unsubdivided and the requirements of the Comprehensive Plan,
Official Map and Zoning Regulations,[3] if such exist.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 129-16 of this chapter, has been filed with the Secretary of the Planning Board.
F.
Approval. The Town Board shall follow the procedures
of Town Law § 276, Subdivision 5, to approve, approve with conditions
or disapprove the preliminary plat.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Former Subsection F(2), (3) and (4), regarding final plans, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I) and readopted as part of § 129-6.
A.
Application for approval and fee. The subdivider shall,
within six months after the conditional approval of the preliminary plat,
file with the Town Board an application for approval of the subdivision plat
in final form, using the approved application blank available from the Code
Enforcement Officer. All applications for plat approval for major subdivisions
shall be accompanied by a fee as set by the Town Board from time to time.[1] If the final plat is not submitted within six months after the
conditional approval of the preliminary plat, the Town Board may refuse to
approve the final plat and require submission of the preliminary plat. The
application fee shall not be refundable.[2]
B.
A subdivider intending to submit a proposed subdivision
plat for the approval of the Town Board shall provide the Town Clerk with
a copy of the application and 12 copies of a plat, one copy in ink on linen
or other suitable paper, the original and one true copy of all offers of session,
covenants and agreements and two prints of all construction plans at least
10 days in advance of the regular monthly meeting or monthly Town Board meeting
in which it is to be officially submitted.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Town Board, at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 129-16 of this chapter, has been filed with the Town Clerk.
D.
Endorsement of state and county agencies. Water and sewer
facility proposals contained in the subdivision plat shall be properly endorsed
and approved by the Erie County Department of Health. Applications for approval
of plans for sewer or water facilities will be filed by the subdivider with
all necessary Town, county and state agencies. Endorsement and approval by
the Erie County Department of Health shall be secured by the subdivider before
official submission of the subdivision plat.[3]
F.
Submission and approval.[5]
(1)
Notwithstanding the foregoing provisions of this section,
the Town Board may extend the time in which a conditionally approved plat
in final form must be submitted for signature if, in its opinion, such intention
is warranted by the particular circumstances thereof, for not to exceed two
additional periods of 90 days each.
(2)
Prior to granting conditional or final approval of a
plat in final form, the Town Board may permit the plat to be subdivided into
two or more sections and may, in its resolution granting conditional or final
approval, state that such requirements as it deems necessary to ensure the
orderly development of the plat be completed before such sections may be signed
by the duly authorized officer of the Planning Board. Conditional or final
approval of the sections of a final plat, subject to any conditions imposed
by the Board, shall be granted concurrently with conditional or final approval
of the plat.
(3)
The signature of the duly authorized Town Clerk constituting
final approval by the Town Board of a plat showing lots, blocks or sites,
with or without streets or highways, or the approval by such Board of the
development of a plat or plats already filed in the office of the County Clerk
or Register of the county in which such plat or plats are located if such
plats are entirely or partially undeveloped, or the certificate of the Town
as to the date of the submission of the final plat and the failure of the
Town Board to take action thereon within the time prescribed, shall expire
within 62 days from the date of such approval, or from the date such certificate
is issued, unless within such sixty-two-day period, such plat or a section
thereof shall have been duly filed or recorded by the owner in the office
of the County Clerk or Register. In the event that the owner shall file only
a section of such approved plat in the office of the County Clerk or Register,
the entire approved plat shall be filed within 30 days of the filing of such
section with the Town Clerk in each town in which any portion of the land
described in the plat is situated. Such section shall encompass at least 10%
of the total number of lots contained in the approved plat, and the approval
of the remaining sections of the approved plat shall expire unless said sections
are filed before the expiration of the exemption period to which such plat
is entitled under the provisions of Subdivision 2 of § 265-a of
the Town Law.
G.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after approval
has been given by the Board and endorsed, in writing, on the plat. In the
event that any subdivision plat, when recorded, contains any such changes,
the plat shall be considered null and void, and the Board shall institute
proceedings to have said plat stricken from the records of the County Clerk.
H.
Signing of plat.[6]
(1)
Every subdivision plat submitted to the Board for its
approval shall carry the following endorsement:
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Approved by resolution of the Town Board of the Town of Concord, New
York, on the _____ day of _______________, 20_____, subject to all requirements
and conditions of said resolution. Any change, erasure, modification or revision
of this plat, as approved, shall void this approval. Signed this _____ day
of __________ 20_____, by
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Supervisor
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Clerk
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(2)
In the absence of the Supervisor or Clerk, the Acting
Supervisor or Acting Clerk, respectively, may sign in his place. If there
is a County Official Map, such endorsement shall stipulate that the plat does
not conflict with the County Official Map or, in most cases where the plat
does front on or have access to or is otherwise related to roads or drainage
systems shown on the County Map, that such plat has been approved by the County
Planning Board in the manner specified by § 239-f of the General
Municipal Law.
A.
Improvements and performance bond. Subsequent to any
action by the Town Board approving a subdivision plat and prior to the issuance
of any building permit, the applicant shall be required to complete in accordance
with the Town Board's decision and to the satisfaction of the appropriate
Town departments all the street, sanitary and other improvements specified
in the action approving such plat or, as an alternative, to file with the
Town Board a performance bond in an amount estimated by the Town Board to
secure to the Town the satisfactory construction and installation of the incompleted
portion of the required improvements. A period of one year, or such other
period as the Town Board may determine appropriate, within which required
improvements must be completed, shall be specified by the Town Board and expressed
in the bond. Such performance bond shall comply with the requirements of § 277
of the Town Law and shall be satisfactory to the Town Board as to form, sufficiency
and manner of execution. The bond shall provide that an amount determined
adequate by the Town Board shall be retained for a period of one year after
the date of completion of the required improvements to assure their satisfactory
condition. All required improvements shall be made by the applicant at his
expense without reimbursement by the Town or any district therein. Said improvements
shall include the following:
(1)
Streets and street lighting facilities.
(2)
Street signs.
(3)
Curbs and gutters.
(4)
Grass curb strips.
(5)
Sidewalks.
(6)
Street shade trees.
(7)
Monuments.
(8)
Stormwater runoff system.
(9)
Sanitary sewage collection system.
(10)
Water supply system.
(11)
Park and recreation facilities.
(12)
Electrical, telephone and utility lines.
(13)
Plantings and ground cover.
B.
Inspection of improvements. The Town shall employ the
Town Consulting Engineer to act as agent of the Town Board for the purpose
of assuring the satisfactory completion of improvements required by the Town
Board and shall determine an amount sufficient to defray costs of inspection.
The applicant shall pay the Town costs of inspection before the subdivision
plat is signed for filing. If the Town Board or its agent finds, upon inspection,
that any of the required improvements have not been constructed in accordance
with Town Board recommendations or the approved construction detail sheets,
the applicant and the bonding company will be severally and jointly liable
for the costs of completing said improvements according to specifications.
C.
Offers of cession and release.
(1)
The plat shall be endorsed with the necessary agreements
in connection with required easements or releases. Offers of cession to the
Town shall be presented prior to plat approval.
(2)
Formal offers of cession to the Town of all streets and
parks, not marked on the plat with notation to the effect that such cession
will not be offered, shall be filed with the Town Board prior to plat approval.
If the owner of the land or his agent who files the plat does not add as part
of the plat a notation to the effect that no offer of dedication of such streets,
highways or parks or any of them is made to the public, the filing of the
plat in the office of the County Clerk or Register shall constitute a continuing
offer of dedication of the streets, highways or parks or any of them to the
public, and said offer of dedication may be accepted by the Town Board at
any time prior to the revocation of said offer by the owner of the land or
his agent.
(3)
Before final approval of the subdivision plat, the Town
Board will require a certificate of approval from the Town Attorney or Deputy
Town Attorney as to the legal sufficiency of the offers of cession by the
subdivider of the areas for public use, such as parks, streets, playgrounds
and other areas.
Upon completion of all requirements set forth in the action approving
the subdivision plat and notation to the effect upon the subdivision plat,
it shall be deemed to have final approval and shall be properly signed by
the appropriate officer of the Town Board and may be filed by the applicant
in the office of the Erie County Clerk. Any subdivision plat not so filed
and recorded within 62 days of the date upon which said plat is approved or
considered approved by reasons of the failure of the Town Board to act shall
become null and void. The applicant shall provide the Town Clerk with a copy
of the plat, certified by the Erie County Clerk as to being the true and certified
copy of said plat on file in the county office.
For a resubdivision, the same procedure, rules and regulations apply
as for a subdivision.
The approval by the Town Board of a subdivision plat shall not be deemed
to constitute or imply the acceptance by the Town of any street, park, playground
or other open space shown on said plat. The Town Board may require said plat
to be endorsed with appropriate notes to this effect. If the Town Board determines
that a suitable park or parks of adequate size cannot be properly located
in any such plat or is otherwise not practical, the Board may require as a
condition to approval of any such plat a payment to the Town of a sum to be
determined by the Town Board, which sum shall constitute a trust fund to be
used by the Town Board exclusively for neighborhood park, playground or recreation
purposes, including the acquisition of property. The Town Board may require
the filing of a written agreement between the applicant and the Town Board
covering future title, dedication and provision for the cost of grading, development,
equipment and maintenance of any park or playground area, as well as a written
agreement covering the maintenance and plowing of all streets within the subdivision
until such time as they are accepted for public maintenance by the Town Board.
Upon posting of the performance bond in accordance with § 129-7 and after approval and filing of the subdivision plat, the subdivider may initiate land sales or construction of the subdivision itself.
The Planning and Town Boards, in considering an application for the
subdivision of land, shall be guided by the following considerations and standards:
A.
General.
(1)
Character of land. Land to be subdivided shall be of
such character that it can be used safely for building purposes without danger
to health or peril from fire, flood or other menace.
(2)
Conformity to Official Map and Comprehensive Plan. Subdivisions
shall conform to the streets and parks shown on the Official Map of the Town
as may be adopted and shall be properly related to the Town Comprehensive
Plan (currently under revision) as it is developed and adopted by the Town
Planning Board.
B.
Design standards.
(1)
Streets. The following regulations shall govern the layout
of streets:
(a)
Subdivisions shall be so designed as to provide a street
pattern which is curvilinear in design. The design of the street pattern shall
be based upon a local residential or minor street pattern connected to a residential
collector street system.
(b)
The arrangement of streets in new subdivisions shall
make provision for the continuation of existing streets in adjoining areas,
or their proper protection where adjoining land is not subdivided, at the
same or greater width insofar as such may be deemed necessary for public requirements.
(c)
All construction is subject to the specifications for
streets and highways adopted by the Town Board from time to time, which specifications
shall be on file with the Town Clerk and available to developers. The streets
shall be designed to promote local residential streets and to discourage through
traffic.
(d)
All right-of-way street widths and street pavements shall
be measured at right angles or radial to the center line of the street and
shall not be less than those specifications adopted by the Town Board from
time to time and shall be filed with the Town Clerk.
(e)
Whenever possible, streets should intersect at right
angles and not intersect at angles of less than 60° unless approved by
the Town Board.
(f)
The grades of streets shall be in accordance with specifications
established by the Town Consulting Engineer, and such grades as submitted
on subdivision plats shall be approved by him prior to final approval by the
Town Board.
(g)
All proposed subdivisions shall be designed to provide
access to adjacent properties. When a proposed subdivision abuts an existing
subdivision, the subdivider shall make every attempt to design the street
system of the proposed subdivision to connect with dead-end or stub streets
of existing subdivision.
(h)
The following standards shall apply to cul-de-sac streets:
[1]
Unless there is the expectation of extending the street
through to the adjoining property, a cul-de-sac street should never be brought
to the property boundary line but should be placed so that the lots can back
on the property line of the subdivision.
[2]
All culs-de-sac shall have a turnaround at the end of
the street which shall conform to the geometric design and construction standards
established by the Town Consulting Engineer and Town Superintendent of Highways.
Standard drawings showing the standards and specifications for roadways and
culs-de-sac are available at the Town Clerk's office.
(i)
If a dead-end street is of temporary nature, a similar
turnaround shall be provided and provisions made for future extension of the
street through to adjacent property and reversion of the excess right-of-way
to the adjoining properties.
(j)
New half or partial streets shall not be permitted, except
that, wherever a proposed subdivision borders a half or partial street, the
Planning Board may require that the other part of the street be platted in
the proposed tract if it is found that such a requirement would increase the
effectiveness of the circulation system in the area.
(k)
Multiple intersections involving a junction or more that
two streets shall be prohibited.
(l)
Local residential streets and residential collector streets
shall not intersect with arterial streets less than 800 feet apart, measured
from center line to center line.
(m)
The minimum distance between center line offsets at streets
jogs shall be 150 feet.
(n)
No street shall have a name which will duplicate or so
nearly duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
(o)
The minimum radius of horizontal curve, minimum length
of vertical curves and minimum length of tangents between reverse curves shall
be in accordance with specifications established by the Town Consulting Engineer,
and said items shall be approved by him prior to final approval of the subdivision
plat by the Town Board.
(2)
Lots. The following regulations shall govern the layout
of lots.
(a)
The lot size, width, depth, shape, orientation and minimum
building setback lines shall be appropriate for the location of the subdivision
and for the type of development and use contemplated.
(b)
All lots shown on the subdivision plat must conform to the minimum requirements of the appropriate section of Chapter 150, Zoning, as to area and dimensions for the zone in which the subdivision is located. However, in the event of utilizing § 281 of the Town Law, the Town Board may use its discretion in determining lot sizes.
(c)
Each lot shall abut on a street built to the Town's specifications.
(d)
Corner lots shall have extra width sufficient for maintenance of required building lines on both streets as required by Chapter 150, Zoning.
(e)
Where extra width has been dedicated for widening of
existing streets, lots shall begin at such extra width line, and all setbacks
shall be measured from such line..
(f)
The side lines of lots shall be at right angles to straight
streets and radial to curved streets whenever possible.
(g)
Where there is a question as to the suitability of a
lot or lots for their intended use due to factors such as rock formations,
flood conditions or similar circumstances, the Planning Board may, after adequate
investigation, require modification of such lots.
(h)
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 150, Zoning, and to provide for convenient access, circulation, control and safety of street traffic.
(i)
Blocks intended for commercial or industrial use shall
be designed specifically for such purposes with adequate space set aside for
off-street parking and delivery facilities.
(3)
Easements. An easement shall be provided for all natural
drainageways and all utility lines when such utility line or lines do not
fall within a dedicated right-of-way. All easements shall be plotted on the
preliminary plat and subdivision plat. A clause shall be inserted in the deed
of each lot affected by an easement indicating that the easement exists and
its purpose. Except as further required in this section, easements shall have
a minimum width of 10 feet. Where a subdivision is traversed by a drainageway,
channel or stream, a drainageway easement, conforming substantially to the
lines of such watercourse, shall be provided. The easement shall be 20 feet
wide or such width as will be adequate to preserve natural drainage and provide
sufficient width for maintenance. Where it is found that additional easement
width is needed, such width shall be determined by the Planning Board in consultation
with the Town Consulting Engineer. To the fullest extent possible, easements
shall be centered on or adjacent to rear or side lot lines. All utility lines
which are primarily intended to provide service to the lots within the subdivision
shall be installed underground at a depth and at such locations as will minimize
the risk of interruption of services. A five-foot easement running parallel
to and contiguous to all street and highway rights-of-way shall be provided
to the Town, granting the Town the right to protect, plant, prune, spray,
remove, control, regulate and improve shrubbery and shade trees thereon.
(4)
Landscaping and ground cover.
(a)
All lot areas which are not covered by structures or
paving shall be properly seeded by the developer.
(b)
The developer shall provide a liberal and functional
landscaping scheme for the entire subdivision. Each lot shall be provided
with a minimum of two trees which shall be in addition to the street shade
trees. This requirement may be waived by the Town Board in wooded areas where
the subdivider intends to maintain existing trees.
(c)
Individual homeowners may, by written agreement with
the subdivider and builder, seed and landscape their yards independently.
(d)
When a proposed subdivision borders upon an existing
commercial or industrial establishment or any other use which, in the opinion
of the Town Board, may be visually detrimental to the tranquility of the future
residents of the subdivision, the Town Board may require a landscape screen
to buffer the subdivision from the visually noncompatible use.
(5)
Preservation of natural features.
(a)
Topsoil moved during the course of construction shall
be redistributed so as to provide at least six inches of cover to all areas
of the subdivision and shall be stabilized by seeding or planting. At no time
shall topsoil be removed from the site without written permission from the
Town Board.
(b)
To the fullest extent possible, all existing trees and
shrubbery shall be conserved by the subdivider. Special consideration shall
be given to the arrangement and ultimate improvement or development of the
lots to this end. Precautions shall also be taken to protect existing trees
and shrubbery during the process of grading the lots and roads. Where there
is a question as to the desirability of removing a group of trees, which serve
to add interest and variety to the proposed subdivision, in order to allow
for use of the land for a lot or lots, the Planning Board may, after proper
investigation, require modification of such lots. Where any land other than
that included in public rights-of-way is to be dedicated to the public use,
the developer shall not remove any trees from the site without written permission
from the Town Board.
(c)
Where a subdivision is traversed by a natural lake, pond
or stream, the boundaries or alignment of said watercourse shall be preserved
unless, in the opinion of the Planning Board, a charge or realignment will
enhance the development and beauty of the subdivision or the utilization of
such features by the future residents of the subdivision. All proposed changes
in watercourse alignment shall be in accordance with the revised New York
State Environmental Conservation Law.
(d)
Unique physical features such as historic landmarks and
sites, rock outcroppings, hilltop lookouts, desirable natural contours and
similar features shall be preserved if possible.
(e)
The subdivider shall not be permitted to leave any surface
depressions which will collect pools of water.
(f)
The subdivider shall not be permitted to leave any hills
or mounds of dirt around the tract. All surfaces shall be restored within
six months of the time of the completion of the section of the subdivision.
(6)
Floodways and floodplains.
(a)
Mapping. If any portion of the land within the subdivision
is subject to inundation or flood hazard by stormwater, such fact and portion
shall be clearly indicated on the preliminary plat and the prominent note
on each street of such map whereon any such portion shall be shown. Floodways
and floodplain areas shall be distinguished.
(b)
Use. Floodways, as defined by the United States Army Corps of Engineers, and land deemed by the Planning Board to be otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard. Floodplain areas subject to periodic minor flooding may be developed, provided that structures are adequately floodproofed as provided in Chapter 76, Flood Damage Prevention.
(7)
Self-imposed restrictions. The owner may place restrictions on the development greater than those required by Chapter 150, Zoning. Such restrictions, if any, shall be indicated on the final subdivision plat.
(8)
Modification of standards. The Town Board may modify
the specified requirements in any individual case where, in the Boards judgment,
such modification is in the public interest or will avoid the imposition of
unnecessary individual hardship.
(9)
Parks, playgrounds or open space.
(a)
Land shall be preserved for park, playground, open space
or other recreational purposes in locations designated on the Comprehensive
Plan or elsewhere where the Planning Board deems that such reservations would
be appropriate. Each reservation shall be of an area equal to 10% of the total
land within the subdivision, but in no case shall a reservation be less than
five acres. The area to be preserved shall possess the suitable topography,
general character and adequate road access necessary for its recreational
purposes.
(b)
Where a subdivision is too small to establish an adequate
recreation area site, where the land in a subdivision is unsuitable in character
or where the Town Comprehensive Plan or good planning judgment would not locate
a recreation area, or in the case of a minor subdivision, the applicant will
be required to provide a cash equivalent of $50 per lot, deposited with the
Town Clerk for the account of the Town of Concord Park, Playground and Open
Space Trust Fund, to be used for the acquisition of such areas in suitable
locations. Such payments shall not be refundable.
C.
Where the Planning Board requires land to be set aside
for parks, playgrounds or other recreational purposes, the Board shall require
that the site be graded, loamed and seeded and may require it to be fenced.
D.
When area for park, playground, recreational purposes
or open space shall have been required on the subdivision plat, the approval
of said subdivision plat shall not constitute an acceptance by the Town of
such an area.
A.
The developer, before the approval of the subdivision
plat, shall complete all improvements to the satisfaction of the Town Consulting
Engineer or post a performance bond sufficient to ensure the satisfactory
completion of the following required improvements, except where waivers may
be requested and the Planning Board may waive, subject to appropriate conditions,
such improvements as it considers are not requisite in the interest of public
health, safety and general welfare.
B.
Standards.
(1)
Streets. All streets shall be constructed, graded and paved in accordance with the regulations governing highway construction adopted by the Town Board. (See Chapter 125, Streets and Sidewalks.)
(2)
Storm drains, culverts, catch basins and other drainage
structures shall be installed in accordance with the standards and specifications
on file in the Town Clerk's office and in accord with the final map approved
by the Town Board. All pipe shall comply with the requirements of the current
New York State Highway Department specifications governing construction of
these facilities. The location, length, depth, size, grade and type of pipe
shall be designated in the plans. If unusual conditions are discovered at
the time of construction, which are not provided for on the plans, the Town
Consulting Engineer shall determine the type and extent of construction required
to overcome such conditions.
(3)
Curbing shall be constructed on both sides of all streets
shown on all proposed subdivision plats and in accord with the construction
standards on file in the Town Clerk's office.
(4)
Sidewalks shall be required on both sides of the street
and constructed in accord with the standards on file in the Town Clerk's
office.
(5)
Driveway aprons shall be required between the curbing
and the sidewalk and shall be of six-inch concrete meeting the same specifications
established for curbing.
(6)
Street signs shall be of metal or other suitable material
conforming with state law and shall be installed at the intersection of all
streets in conformity with Vehicles and Traffic,[2] and Town specifications, at the locations approved by the Town
Board.
(7)
Grass strips shall be provided within the portion of
the street right-of-way beyond the curbline and shall be properly graded and
seeded.
(8)
Street trees shall be planted in every subdivision at
intervals from 40 feet to 60 feet along both sides of the street. Existing
trees may be taken into consideration when determining the above. Trees shall
be at least three feet from any sidewalk and located on the building side
of the walk rather than the street side. Where dwelling structures are oriented
with their rear on the street, street trees shall be at least six feet from
the curbline. Trees should also be at least 10 feet from any line which is
directly under utility wires. The average trunk diameter shall be at least
two inches, and an average height of six feet above finished grade level is
required. Such trees shall be of a species and at locations approved by the
Planning Board. No tree shall be planted within 25 feet of an existing or
proposed street light or street intersection.
(9)
Shade trees, other than within the right-of-way, may
be required when taking into consideration the existing trees on the lots,
as the Town Board shall deem it necessary. Such trees shall be in conformance
with the standards of size, kind and location limitations prescribed for trees
along the street line.
(10)
Streetlighting facilities shall be provided along all
streets in the subdivision and along all streets upon which the subdivision
abuts. Such lighting facilities shall be in accordance with the Town standards
and shall be installed as approved and directed by the Town Consulting Engineer.
(11)
Sanitary sewers and treatment disposal facilities shall
be required. Where a public sanitary sewer is reasonably accessible, the subdivider
shall connect or provide for connection with such sanitary sewer and shall
provide within the subdivision the sanitary sewer system required to make
the sewer accessible to each lot in the subdivision. Sewer systems shall be
approved by the Town and County Health Official(s) and shall be in accordance
with other requirements of law. The construction is subject to the supervision
of the Town Consulting Engineer.
(12)
Where a public water main is reasonably accessible, the
subdivider shall connect to such water main and provide a water connection
for each lot in accordance with Town standards, procedures and supervision.
Fire hydrants shall be required and shall be installed in the locations approved
by the Town Consulting Engineer and in accord with the New York State Board
of Fire Underwriters or other equivalent approved agency.
(13)
Permanent monuments shall be set at block corners and
at intervals of approximately 500 feet or such other distance as the Town
Board may determine appropriate, and their location shall be shown on the
subdivision plat. Iron pipes shall not be considered permanent monuments for
the purpose of this chapter. Standards for monuments are on file in the Town
Clerk's office.
C.
Permitted modifications.
(1)
Concrete curbing may be omitted and, in lieu thereof,
rolled gutters or other means for controlling stormwaters may be constructed
as may be approved by the Town Consulting Engineer and Town Board.
(2)
Sidewalks may be omitted on one or both sides of the
street to the extent deemed appropriate by the Town Board.
(3)
Where curbing and/or sidewalks are not provided, adequate
provision for the protection of the edge of the road pavement and graded shoulder
at all driveway openings and other accessways shall be provided in a manner
approved by the Town Consulting Engineer.
(4)
Where sidewalks and curbing are not provided, grass curb
strips shall not be required. However, grading and seeding of the area between
the pavement edge, shoulder or approved drainage structure and the front property
line of the lot shall be provided.
(5)
Individual sewage disposal systems (septic tanks) may
be provided in lieu of facilities connected to a public sanitary sewage disposal
system. Where such system is not reasonably available, such on-site disposal
systems shall not be subject to the provisions of this chapter regarding subdivision
control but shall be subject to all other applicable laws and regulations
of the Town, county and state. Sewerage lagoons shall be prohibited.
(6)
Individual on-site water supply systems may be provided
in lieu of providing a water supply connected to a public utility system.
Where such a system is not reasonably available, such on-site water supply
systems shall not be subject to the provisions of this chapter regarding subdivision
approval but shall be subject to all other applicable laws and regulations
of the Town, county and state.
(7)
Fire hydrants may be omitted where adequate water mains
which are a part of a public utility water system are not either existing
or proposed to be available to the subdivision.
A.
The sketch plan initially submitted to the Planning Board
shall be based on tax map information or some other similarly accurate base
map, at a scale preferably not less than 200 feet to the inch, to enable the
entire tract to be shown on one sheet. The sketch plan shall be submitted,
showing the following information:
(1)
The location of that portion which is to be subdivided
in relation to the entire tract and the distance to the nearest existing street
intersection.
(2)
All existing structures, wooded areas, streams and other
significant physical features within the portion to be subdivided and within
200 feet thereof. If topographic conditions are significant, contours shall
also be indicated at intervals of not more than 10 feet.
(3)
The name of the owner and of all adjoining property owners
as disclosed by the most recent municipal tax records.
(4)
The tax map sheet, block and lot numbers, if available.
(5)
All the utilities available and all streets which are
either proposed, mapped or built.
(6)
The proposed pattern of lots (including lot width and depth), street layout, recreation areas and systems of drainage, sewerage and water supply [see § 129-15A(6)] within the subdivided area.
(7)
All existing restrictions on the use of land, including
easements, covenants or zoning lines.
[Added 10-13-1997 by L.L. No. 7-1997]
The following documents shall be submitted for conditional approval.
A.
Twelve copies of the preliminary plat prepared at a scale
of not more than 100 feet to the inch but preferably not less than 50 feet
to the inch, showing:
(1)
The proposed subdivision name, name of town and county
in which it is located, date, true North point, scale and name and address
of record owner, subdivider and engineer or surveyor, including license number
and seal.
(2)
The name of all subdivisions immediately adjacent thereto
and the name of the owners of record of all adjacent property.
(3)
The zoning district, including exact boundary lines of the district, if more than one district, and any proposed changes in the zoning district line and/or the Chapter 150, Zoning, text applicable to the area to be subdivided.
(4)
All parcels of land proposed to be dedicated to public
use and the conditions of such dedication.
(5)
The 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 existing features for the proposed subdivision
and adjacent property.
(6)
The location of existing sewers, water mains, culverts
and drains on the property, with pipe sizes, grades and direction flow.
(7)
Contours with internals of five feet or less as required
by the Board, including elevations on existing roads; approximate grading
plan if natural contours are to be changed more than two feet.
(8)
The width and location of any streets or public places
shown on the Official Map or the Comprehensive Plan, if such exists, within
the areas to be subdivided, and the width, location, grades and street profiles
of all streets or public ways proposed by the developer.
(9)
The approximate location and size of all proposed waterlines,
valves, hydrants and sewer lines and fire alarm boxes; connection to existing
lines or alternate means of water supply or sewage disposal and treatment
as provided in the Public Health Law; profiles of all proposed waterlines
and sewer lines.
(10)
A storm drainage plan indicating the approximate locations
and sizes of proposed lines and their profiles; connection to existing lines
or alternate means of disposal.
(11)
Plans and cross sections showing the proposed location
and type of sidewalks, streetlighting standards, street trees, curbs, water
mains, sanitary sewers and storm drains and the size and type thereof, the
character, width and depth of pavements and subbase and the location of manholes,
basins and underground conduits.
(12)
Preliminary designs of any bridges or culverts which
may be required.
(13)
The proposed lot lines, with approximate dimensions and
area of each lot.
(14)
Where the topography is such as to make difficult the
inclusion of any of the required facilities within the public areas as laid
out, the boundaries of proposed permanent easements over or under private
property, which permanent easements shall not be less than 20 feet in width
and which shall provide satisfactory access to an existing public highway
or other public highway or public open space shown on the subdivision or the
Official Map.
(15)
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. The corners of the tract shall also be located
on the ground and marked by substantial monuments of such size and type as
approved by the Town Consulting Engineer, referenced and shown on the plat.
B.
If the application covers only a part of the subdividers
entire holding, a map of the entire tract, drawn at a scale of not less than
400 feet to the inch, showing an outline of the platted area with its proposed
streets and indication of the probable future street system with its grades
and drainage in the remaining portion of the tract and the probable future
drainage layout of the entire tract, shall be submitted. The part of the subdivider's
entire holdings submitted shall be considered in light of the entire holdings.
C.
A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract.
[Added 10-13-1997 by L.L. No. 7-1997]
The following documents shall be submitted for plat approval.
A.
The plat to be filed with the Erie County Clerk shall
be in accordance with the requirements for filing with the Erie County Clerk.
The plat shall be accompanied by the Erie County Health Department certificate
of approval, seals and license numbers of the land surveyor and/or engineer
and a certificate from the County Treasurer or of an abstract and title company
that all taxes which are a lien against the property prior to the filing have
been paid. The plat shall be drawn at a scale of no more than 100 feet to
the inch and oriented with the North point at the top of the map. When more
than one sheet is required, an additional index sheet of the same size shall
be filed, showing to scale the entire subdivision, with lot and block numbers
clearly legible. The plat shall show:
(1)
The 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 and the name, license number and
seal of the licensed land surveyor.
(2)
Street lines, pedestrian ways, lots, reservations, easements
and areas to be dedicated to public use.
(3)
Sufficient data, acceptable to the Town Consulting Engineer,
to determine readily the location, bearing and length of every street line,
lot line and boundary line and to reproduce such lines upon the ground. Where
applicable, these should be referenced to monuments included in the state
system of plan coordinates and in any event should be tied to reference points
previously established by a public authority.
(4)
The length and bearing of all straight lines, radii,
length of curves and central angles of all curves and tangent bearings shall
be given for each street. All dimensions and angles of the lines of each lot
shall also be given. All dimensions shall be shown in feet and decimals of
a foot. The plat shall show the boundaries of the property, location, graphic
scale and true North point.
(5)
The plat shall also show by proper designation thereon
all public open spaces for which deeds are included and those spaces title
to which is reserved by the developer. For any of the latter, there shall
be submitted with the subdivision plat copies of agreements or other documents
showing the manner in which such areas are to be maintained and the provisions
made therefor.
(6)
All offers of cession and covenants governing the maintenance
of unneeded open space shall bear the certificate of approval of the Town
Attorney as to their legal sufficiency.
(7)
Lots and blocks within a subdivision shall be numbered
and lettered in alphabetical order in accordance with the prevailing Town
practice.
(8)
Permanent reference monuments shall be shown and shall
be constructed in accordance with specifications of the Town Consulting Engineer.
When referenced to the state system of plan coordinates, they shall also conform
to the requirements of the State Department of Public Works. They shall be
placed as required by the Town Consulting Engineer and their location noted
and referenced upon the plat.
(9)
All lot corner markers shall be permanently located where
appropriate.
(10)
Monuments of a type approved by the Town Consulting 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 Consulting Engineer.
B.
Construction drawings, including plans, profiles and
typical cross sections, as required, shall show the proposed location, size
and type of street, sidewalks, streetlighting standards, street trees, curbs,
water mains, sanitary sewers and storm drains, pavements and subbase manholes,
catch basins and other facilities.
A.
Where the Town Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan or Chapter 150, Zoning, if such exists.
B.
Where the Town Board finds that, due to the special circumstances
of a particular plat, the provision of certain required improvements is not
requisite in the interest of the public health, safety and general welfare
or is inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the proposed subdivision, it may waive such requirements,
subject to appropriate conditions.
C.
In granting variances and modifications, the Town Board
shall require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so varied or modified.
A violation of this chapter is an offense punishable by a fine not exceeding
$250 or imprisonment not exceeding 15 days, or both. Each weeks continued
violation shall constitute a separate offense.
