[HISTORY: Adopted by the Town Board of the
Town of Cortlandville 5-3-1967. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 178.
These rules and regulations shall be known and
may be cited as the "Town of Cortlandville Subdivision Regulations
of 1966."
By reason of a resolution adopted by the Town
Board of the Town of Cortlandville on the 28th day of February 1955,
pursuant to the provisions of Article 16 of the Town Law, the Planning
Board of the Town of Cortlandville has the power and authority to
approve plats of a subdivision of land, with or without streets or
highways within that part of the Town of Cortlandville outside the
limits of any incorporated city or village. Such approval, in accordance
with the procedures and regulations set forth below, is prerequisite
to recording of all plats of any subdivision of land in the office
of the Cortland County Clerk.
To carry out the purpose of the Town Law and
the Town Board in providing for such plat approval, these rules and
regulations are adopted by the Planning Board, and approved by the
Town Board, to provide for the future growth and development of the
Town and to afford adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare of
its population. Consistent with such purposes, these rules and regulations
will assure the orderly development of residential areas, the coordination
of existing streets and public utilities with new services, the proper
provision of open spaces for passive and active recreation and the
proper location of future sites for public buildings and shopping
areas, all to the mutual benefit to the developer in providing more
stable values and to the future homeowner in providing the necessary
services at minimum cost and maximum convenience.
A.
Words in the singular include the plural, and words
in the plural include the singular. The word "person" includes a corporation,
unincorporated association and a partnership as well as an individual.
The word "building" includes "structure" and shall be construed as
if followed by the words "or part thereof." The word "street" includes
"road," "highway" and "lane;" and "watercourse" includes "drain,"
"ditch" and "stream." The words "shall" or "will" are mandatory, and
not directive; the word "may" is permissive.
B.
ALLEY (OR SERVICE DRIVE)
BLOCK
BOARD
CROSSWALK
CUL-DE-SAC
DOUBLE-FRONTAGE LOTS
EASEMENT
ENGINEER
FINAL SUBDIVISION PLAN
GRADING PLAN
HALF STREET
IMPROVEMENTS
LOT
MARGINAL INTERCEPTOR STREET
PRELIMINARY PLAN
RIGHT-OF-WAY
SIGHT TRIANGLE
STREET
(1)
(2)
(3)
(4)
SUBDIVIDER
SUBDIVISION
Unless otherwise expressly stated, the following terms
shall, for the purpose of these regulations, have the meaning indicated:
A strip of land over which there is a right-of-way, municipally
or privately owned, serving as a secondary means of access to two
or more properties.
An area bounded by streets.
The word "Board" or the words "Planning Board" or "Town Planning
Board" shall mean the Town of Cortlandville Planning Board.
A right-of-way, municipally or privately owned, at least
10 feet in width, which cuts across a block to furnish access for
pedestrians to adjacent streets or properties.
A residential street with one end open for public vehicles
and pedestrian access and the other end terminating in a vehicular
turnaround.
A lot, having at least two sides fronting on separate streets
which do not intersect while adjoining the lot.
A right granted to use certain land for a special purpose
not inconsistent with the general property rights of the owner.
The duly designated Engineer of the Town of Cortlandville,
or if there is no such official, the Engineer employed by or assigned
to the Town Planning Board.
A plan or plat prepared for recording by a registered engineer or surveyor as required by § 140-9.
A plan showing all present and proposed grades for stormwater
drainage.
One-half of a street right-of-way and paving, usually with
its center line located on a property line.
Those physical additions and changes to the land that may be necessary to produce usable and desirable lots. (Grading, paving, curbing, fire hydrants, water mains, sanitary sewers, storm sewers and drains, sidewalks, crosswalks, street shade trees, street signs and monuments.) (See § 140-7.)
A parcel of land intended for transfer of ownership or building development, that is presently occupied or capable of being occupied by one principal building or use and by those buildings or uses accessory to the principal buildings or uses and having, as a minimum, such open spaces as required by the provisions of Chapter 178, Zoning.
A minor street, usually parallel to a major artery, providing
access to the major thoroughfare at established intervals, and serving
as direct access to local properties fronting thereon.
A plan, showing existing features of the land and proposed street and lot layout within and adjacent to a subdivision as required by § 140-8.
Land opened for use as a street, alley or crosswalk.
The triangle formed at the intersection of two streets when
the driver of a vehicle approaching the intersection is ascertaining
whether or not the intersecting street is free from approaching obstacles.
A general term used to describe a right-of-way, municipally
or privately owned, serving as a means of vehicular and pedestrian
travel, furnishing space for sewers, public utilities and shade trees.
The streets are classified by function as follows:
[Amended 8-5-1998 by L.L.
No. 2-1998]
LOCAL RESIDENTIAL STREETA street used as the principal means of access to adjacent residential properties serving only a comparatively small number of dwellings. The street will have an average daily traffic volume of less than 50 vehicles per day.
RURAL STREET OR ROADA rural street or road shall be considered as one on which the majority of lots fronting thereon shall have a minimum net area of 30,000 square feet, and a minimum road frontage of 125 feet. The street or road shall have an average daily traffic volume of 50 to 250 vehicles per day.
COLLECTOR STREET OR ROADA street or road connecting local residential streets to each other, to community facilities and to primary or major thoroughfares, serving only neighborhood traffic. A collector street or road shall have an average daily traffic flow of 250 to 500 vehicles per day.
PRIMARY OR MAJOR THOROUGHFAREA street connecting district centers, and serving large volumes of through, fast traffic, preferably located outside or bounding the residential neighborhoods. These thoroughfares shall have an average daily traffic flow of 500 or more vehicles per day.
A person who is the registered owner, or authorized agent
of the registered owner, of land to be subdivided.
A division of any part, parcel or area of land by the owner
or agent either by lots or by metes and bounds into lots or parcels
two or more in number for the purpose of conveyance, transfer, improvement
or sale. A subdivision shall not include, however, the division into
not more than two parcels of not less than five acres each.
A.
General requirements. The Board must hold a public
hearing, and all required improvements must be completed, before a
plat of a subdivision receives a final approval, thus permitting the
plat to be recorded in the Cortland County Clerk's office. In the
alternative, the Board shall give final approval to a plat before
completion of such improvements if their installation is assured through
an approved performance bond.
B.
Summary of procedure. The subdivider shall develop
his proposed plat and present it for final action by the Board, in
the following consecutive steps:
(1)
The subdivider shall present and discuss a rough sketch
of his proposed subdivision at an informal meeting with the Board.
(2)
The subdivider shall present a preliminary plan and
other required data for consideration and advices by the Board.
(3)
The subdivider shall submit a formal application for
approval of the final plat upon which the Board will hold its public
hearing and thereupon approve, modify and approve, or disapprove such
plat.
C.
Informal meeting and rough sketch. The Board will
meet informally with the subdivider to discuss the proposed subdivision
and make available to him its knowledge of development activities
and requirements. A written request for such informal meeting shall
be filed with the Town Clerk. The subdivider will receive at least
five days' advance notice of the time and place of the informal meeting,
which shall take place not later than the second regular meeting of
the Board after filing of the request. The subdivider shall present
sketch plans at such informal meeting which shall roughly indicate
contours, street and lot locations and future development of the total
surrounding area owned or controlled by the subdivider. It is recommended
that no detailed engineering work be done until after such informal
meeting.
D.
Preliminary plan. After informal consideration with the Board of his rough sketches, the subdivider shall file with the Town Clerk a preliminary plan of the proposed subdivision which shall include all the layouts, plans and data, and which shall be in the form specified in § 140-8. Not later than 30 days after such filing, the Board shall notify the subdivider, in writing, of any specific changes which may be required in such plan. The Board and the subdivider shall then meet to discuss informally such preliminary plan and such specific changes, if any may be required.
E.
Formal application. The subdivider's formal application for approval of the final plat shall be in writing and submitted to the Board by filing it in triplicate with the Town Clerk. The application shall contain, in the form specified in § 140-9 and in precise detail, all of the data and material specified in said section.
F.
Public hearing. The Board shall hold a public hearing
with respect to such final plat within 30 days after the time of submission
of such plat for approval, which hearing shall be advertised in a
newspaper of general circulation in the Town of Cortlandville at least
five days before such hearing.
G.
Action of Board.
(1)
Upon holding the public hearing, the Planning Board
may thereupon approve, modify and approve, or disapprove such plat.
The approval, or the refusal to approve, shall take place within 45
days from and after the time of the hearing for the approval or disapproval
of the plat. In the event that such hearing shall not be held, or
that such plat shall not have been disapproved after such hearing
within the time prescribed therefor, such plat shall be deemed to
have been approved, and the certificate of the Cortlandville Town
Clerk as to the date of submission or hearing for the approval or
disapproval of the plat as the case may be and the failure to take
action thereon within such time, shall be issued on demand and shall
be sufficient in lieu of the written endorsement or other evidence
of approval herein required. The ground of refusal of any plat submitted
shall be stated upon the records of the Planning Board.
(2)
Prior to granting its approval, the Planning Board
may permit the plat to be subdivided into two or more sections and
may impose such conditions upon the filing of the sections as it may
deem necessary to assure the orderly development of the plat. Approval
of the sections, subject to any conditions imposed by the Board, shall
be granted concurrently with the approval of the plat.
H.
Time limit for filing.
(1)
The approval by the Planning Board of a plat showing
lots, blocks or sites, with or without streets or highways, or the
approval by the Board of the development of a plat or plats already
on file in the office of the Cortland County Clerk, or the certificate
of Cortlandville as to the date of submission for which no hearing
was duly held, or the date of the hearing for the approval or disapproval
of such plat, as the case may be, and the failure of the Planning
Board to take action thereon within the time prescribed, shall expire
90 days from the date of such approval or of such certificate, unless
within such ninety-day period such plat or a section thereof shall
have been duly filed or recorded by the owner in the office of the
Cortland County Clerk.
(2)
If the owner shall file only a section of an approved
plat within such ninety-day period, 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. In the event
that the owner shall file only a section of such approved plat in
the office of the Cortland County Clerk, the entire approved plat
shall be filed within 30 days of the filing of such section with the
Cortlandville Town Clerk.
(3)
Notwithstanding the foregoing, the Planning Board
may extend the time for filing and recording such plat if, in its
opinion, such intention is warranted by the particular circumstances
thereof, for not to exceed two additional periods of 90 days each.
I.
Performance bond.
(1)
Any performance bond furnished in lieu of the installation
of the required improvements shall be in the amount fixed by the resolution
of the Board, shall be secured by such deposit of subdivider or issued
by such bonding or security company as shall be approved by the Town
Board and shall be approved by the Town Board as to form, sufficiency
and manner of execution. The bond shall assure the complete installation
of the required improvements within such period, not longer than three
years, as shall be fixed by the Board. The Board, with the consent
of all parties to the bond, may extend such period upon written application
of the subdivider filed with the Town Clerk prior to the expiration
of such period or upon its own motion at any time prior to a declaration
of a default in the bond by the Town Board.
(2)
The Board, with the approval of the Town Board and upon findings either that the extent of building development that has taken place in the subdivision is not sufficient to warrant reduction in the face amount of such bond, may modify its requirements. Such modification shall not take place until after a public hearing of which notice is published as provided in Subsection F of this § 140-5.
(3)
Except as provided in the preceding subsection, the bond shall be released only upon complete installation of the required improvements and the submission of the certified "as-built" drawings as required in § 140-9H.
(4)
If the required improvements are not completely installed
within the period fixed or extended by the Board, the Town Board may
declare the performance bond in default and collect the amount payable
thereunder. Upon receipt of such amount, the Town shall install such
improvements as were covered by the bond and are commensurate with
the extent of building development which has taken place in the subdivision,
not exceeding in cost, however, the amount collected upon the bond.
J.
Offers of cession. The subdivider shall tender offers
of cession in a form certified as satisfactory by the Town Attorney
of all land and all improvements included in streets, highways or
parks, not specifically reserved by him, but approval of the plan
by the Planning Board shall not constitute an acceptance by the Town
of the dedication of any street, highway, park or other public open
space.
K.
Inspection. The installations, improvements and development
of any subdivision shall be subject to inspection at all stages by
representatives of the Board or the Town of Cortlandville, and for
such purpose, free access shall be accorded, and requested information
shall be promptly submitted.
A.
General requirements. In the layout, development and
improvement of a subdivision, the subdivider shall comply with all
standards, specifications, codes and ordinances of the Town; and,
in addition, he shall meet, as minimums, the standards of design and
principles of land subdivision set forth in this section.
B.
Flood land. Land subject to flooding and land deemed
by the Planning Board to be uninhabitable shall not be platted for
residential occupancy, nor for such other uses as may involve danger
to health, life or property or aggravate the flood hazard, but such
land within the area of the plan shall be set aside for such uses
as shall not be endangered by periodic or occasional inundation.
C.
Streets and roads.
(1)
Street system.
(b)
Local residential streets in a new development
shall be so laid out as to discourage through traffic, but provision
for the extension and continuation of streets into and from adjoining
areas is required. If the subdivision abuts a present or proposed
primary or major thoroughfare, marginal interceptor streets running
parallel to the thoroughfare should be provided.
(c)
At all times, the street layout should be logically
related to the topography of the land.
(d)
Where the center lines of minor streets opening
into opposite sides of a major thoroughfare are within 200 feet of
each other, they shall be made to coincide by curving or angling the
minor streets.
(e)
If the lots resulting from the original development
are large enough for resubdivision, or if a portion of the tract is
not subdivided, suitable access and street openings for such an eventuality
shall be provided.
(f)
Culs-de-sac in the local street shall not be
less than 400 feet in length nor longer than 1,000 feet and must be
designed with a turnaround having an outside paved roadway diameter
of at least 100 feet and a street property line diameter of at least
120 feet.
[Amended 8-5-1998 by L.L. No. 2-1998]
(g)
Intersecting minor and secondary streets leading
from the same subdivision shall not empty into the same side of a
major thoroughfare at intervals less than 800 feet.
(2)
Street alignment.
(a)
The minimum radius at the center line for curves
on primary roads or major thoroughfares shall be 500 feet; for collector
streets or roads, 300 feet; and for local residential streets and
rural streets and roads, 150 feet.
(b)
Except for local residential streets and rural
streets and roads, there shall be a tangent of at least 100 feet measured
at the center line between reverse curves.
(c)
Proper sight distances should be provided with
respect to both horizontal and vertical alignment. Measured along
the center lines, the sight distance should be 500 feet for primary
roads or major thoroughfares; 400 feet for collector streets or roads,
and 300 feet for local residential streets and rural streets and roads.
[Amended 8-5-1998 by L.L. No. 2-1998]
(d)
Proper sight lines should be maintained at all
intersections of streets. Measured along the property line, there
should be a clear sight triangle of 25 feet from the point of right-of-way
intersection. No present or future building or obstruction shall be
permitted in this area.
[Amended 8-5-1998 by L.L. No. 2-1998]
(3)
Street grades.
(a)
There shall be a minimum grade of at least 1%
on all streets; a maximum grade of 6% on primary roads, major thoroughfares
and collector streets or roads; and 10% on local residential streets
and rural streets and roads for maximum distances of 1,500 feet.
(b)
Vertical curves shall be used in changes of
grade exceeding 1%, and should be designed for maximum visibility.
Intersections shall be approached on all sides by leveling areas.
Such leveling areas shall extend for a distance of 200 feet from the
point of intersection of the center lines of the intersecting streets
and within which no grade shall exceed a maximum of 3% in any direction.
[Amended 8-5-1998 by L.L. No. 2-1998]
(4)
Street widths.
(a)
Minimum street and pavement widths shall be
as shown in the accompanying chart of typical street cross sections
(Chart 1).[2]
[2]
Editor's Note: Chart 1 is included at the end of this chapter.
(b)
Additional widths may be required by the Planning
Board upon findings that the same are required for public safety and
convenience, parking in commercial or public use areas, and old roads
which do not provide the proper widths, and where, as a consequence,
additional dedication is necessary.
(5)
Street intersections.
(a)
Multiple intersections involving the junction
of more than four roadways shall be avoided, and where such avoidance
is impossible, such intersections shall be designed with extreme care
for both vehicular and pedestrian safety.
(b)
Right angle intersections shall be used whenever
practicable, especially when local residential streets and rural streets
and roads empty into major or collector thoroughfares, and there shall
be no intersection angle measured at the center line of less than
75°.
(c)
Street curb intersections shall be rounded by
tangential arc with a minimum radius of 30 feet for local residential
streets and rural streets and roads and 40 feet for intersections
including collector streets or roads and primary roads or major thoroughfares.
[Amended 8-5-1998 by L.L. No. 2-1998]
(6)
Other requirements.
(a)
The dedication of half streets at the edge of
a new subdivision is prohibited. If circumstances render this impracticable,
adequate provision for the concurrent dedication of the remaining
half of the street must be furnished by the subdivider. The existence
of a half street in an adjoining subdivision will require the provision
of the remaining half in the proposed subdivision.
(b)
Reserve strips controlling access or egress
are prohibited. New streets shall be provided through to the boundary
lines of the development, especially if it adjoins acreage.
(c)
Streets that are extensions of or obviously
in alignment with existing named streets shall bear the names of the
existing streets; subject to the approval of the Planning Board. Street
names shall be cleared with the County Highway Department and the
representatives designated by the Town Board to avoid duplications
or use of similarly sounding names.
D.
Blocks and lots.
(1)
Blocks.
(a)
All blocks in a subdivision shall have a minimum
length of at least 500 feet with a maximum length of 1,200 feet. Such
blocks containing individual lots shall be at least two lot depths
in width. Modifications of the above requirements are possible in
commercial and industrial developments.
(b)
In large blocks with interior parks, in exceptionally
long blocks, or where access to a school or shopping center is necessary,
a crosswalk with a minimum right-of-way of 10 feet and a paved walk
five feet in width shall be provided.
(2)
Lots.
(a)
The minimum lot size and frontage shall be controlled by the provisions of Chapter 178, Zoning, of the Town of Cortlandville, as amended, and as may be further amended. Notwithstanding the provisions contained therein, where a well and septic tank with tile field occur on a single lot and provide it with its water supply and sewage disposal facilities, the area of such a lot shall not be less than 20,000 square feet in area per dwelling unit contained thereon, and not less than 100 feet in width at the building line.
(b)
All lots shall abut on a street, but double-frontage
lots should be avoided except where essential to provide separation
of residential development from traffic arteries or to overcome specific
disadvantages of topography and orientation. A planting screen easement
of at least 10 feet across which there shall be no right of access
shall be provided along the line of lots abutting such a traffic artery
or other disadvantageous use. All lot lines shall be at right angles
to the street, or to a tangent of the arc of a curved street. If,
after subdividing, there exist remnants of land, they shall be included
in proposed or existing lot areas.
(c)
Depth of lots or parcels shall be no more than three times the average
width, and lots incorporating septic systems and private wells shall
comply with all rules and regulations administered by the Cortland
County Health Department, and shall not be less than 2.4 acres in
area.
[Added 12-16-2009 by L.L. No. 3-2009]
E.
Building lines, utilities and alleys.
(1)
Building lines. The minimum building setback shall be controlled by the provisions set forth in Chapter 178, Zoning, of the Town of Cortlandville.
(2)
Utilities.
(a)
If sewer, water, gas, electrical, streetlighting
or other public utility facilities are to be located within street
rights-of-way, their location and installation shall be coordinated
so that they may be added to, repaired or enlarged at minimum cost.
(b)
If easements are used at the rear of lots to
provide such facilities, an easement shall be required having a minimum
width of at least 30 feet (where lots back up to each other, this
would require a fifteen-foot easement from each lot).
(3)
Alleys. Alleys are prohibited in residential developments.
In commercial or industrial districts without expressly designed loading
areas, alleys with a minimum width of 22 feet shall be required. Where
such alleys dead-end, they shall be provided with a turnaround having
an outside roadway diameter of not less than 75 feet.
F.
Dedication and reservation for public land use.
(1)
Where a proposed park, playground or other public
use shown on the Cortlandville Master Plan is located in whole or
in part in a subdivision, the Planning Board may require a dedication
or reservation of such area within the subdivision in those cases
in which the Planning Board deems such requirements to be reasonable.
(2)
Where deemed essential by the Planning Board, upon
consideration of the particular type of development proposed in the
subdivision, and especially in large-scale neighborhood unit developments
not anticipated in the Master Plan, the Planning Board may require
the dedication or reservation of such other areas or sites of a character,
extent and location suitable to the needs created by such development
for parks and other neighborhood purposes.
(3)
Areas for future parks and playgrounds shall be of
reasonable size for neighborhood playgrounds or other recreation uses.
No arbitrary percentage of area shall be insisted upon by the Board,
but in general, developers should set aside not less than 10% of the
area for these purposes.
The following is a complete list of required
improvements to be installed by the developer:
A.
Street grading. All streets shall be graded to the
grades shown on the street profile and cross-section plans as submitted
and approved with the preliminary plan. They shall be inspected and
checked for accuracy by the Town or its representatives.
B.
Pavement.
(1)
All pavement for rural streets or roads, local residential
streets and collector streets or roads shall be installed as shown
on the preliminary plan.
(3)
Curbs shall be installed on both sides of all streets
as the Board may require and shall be straight or rolled concrete,
asphalt or stone curbs. Straight curbs shall be installed at all intersections,
and when used throughout, all curb cuts shall be included in initial
installation.
C.
Sidewalks.
(1)
Sidewalks shall be installed on both sides of a street
or road as the Board may require, depending upon local conditions
of public safety.
(2)
Sidewalks shall be constructed to the following minimum
specifications: Sidewalks shall be 3,000 pounds minimum strength concrete
1-2-4 mix or better with a minimum of five feet width and five inches'
thickness, except at driveway crossings, where the sidewalk shall
be increased to six inches' thickness.
D.
Storm and surface drainage. All storm sewers and drainage
facilities such as gutters, catch basins, bridges and culverts shall
be installed and the land graded for adequate drainage as shown on
the grading plan submitted and approved with the preliminary plan.
These also shall be inspected and checked for compliance with the
approved plan by the Town or its representatives.
E.
Sewers. All necessary mains and laterals for connection
from the lots to the public sewage system as shown on the preliminary
plan shall be installed by the subdivider. If public disposal is not
available, and the sewage treatment is on a project or individual
lot basis, such private facilities must be installed by the subdivider
under direct supervision of the county or local health officer or
representative. Such officer or representative will require percolation
tests, soil samples and other data to determine the size and extent
of facilities needed. During installation of such facilities, and
before final coverage, the state, county or local health officer or
his representative shall make inspections to assure that all requirements
and specifications have been met. They shall be granted free access
to the development area at all times during this period, and such
officer or representative will then issue a certificate of approval
to the Town Planning Board as a requirement of final plan approval.
No septic tank tile field or other effluent disseminating system shall
be located nearer to a drilled well than 100 feet. In areas not presently
served by public sanitary sewers, the Board may require, in addition
to installation of temporary individual on-site sewage disposal facilities,
the installation and capping of sanitary sewer mains and house connections
if studies of the Board indicate that the extension of public sanitary
sewer trunks or laterals to serve the property subdivided appears
probable or necessary to protect the public health.
F.
Water.
(1)
All water mains and lines, as shown on the preliminary
plan, shall be installed to the municipal supply. Where permanent
pavement is required, all laterals shall be installed to the lot lines.
Where no public supply is available and wells are installed on each
lot, and the lot also contains its own sewage disposal facilities,
the well shall be drilled, cased, installed and located in such manner
as to be satisfactory to and approved by the local health officer
or representative. The owner or subdivider shall obtain a certificate
of approval from the local health officer or representative and shall
submit it to the Planning Board as a requirement to final plan approval.
If public water is to be used, a letter of intent from the service
company must be filed with the Board. The letter must state:
(a)
That the subdivision can be served with an adequate
water supply.
(b)
That sufficient static and flow pressures for
fire protection are available at peak demand (to be certified by the
subdivider's engineer).
(c)
The proposed pipe sizes must be stated (to be
certified by the subdivider's engineer).
(2)
If a private on-site well for an individual lot is
to be used as a water supply for the subdivision, each individual
well must have a minimum proven flow of three gallons per minute.
G.
Planting. Adequate tree planting shall be completed
by the developer. Street trees shall be a minimum of 35 feet and a
maximum of 50 feet apart. Tentative tree species will be indicated
on the preliminary plan. Trees shall not be less than 2 1/2 inches
in diameter at the base at time of planting. Trees must be adequately
supported by guy wires until firmly rooted. They shall not be planted
in the right-of-way.
H.
Monuments. Permanent reference monuments of precast
concrete or a durable stone, 30 inches by six inches, with forty-five-degree
beveled edges shall be set at final grade at all corners and angle
points of the boundaries of the original tract to be subdivided; and
at all street intersections, and such intermediate points as may be
required.
I.
Street signs. Permanent street signs, of the same
specifications as those of the Cortlandville Town Highway Department,
showing the names of the intersecting streets shall be erected at
each intersection.
The subdivider shall submit to the Planning
Board a preliminary plan of the proposed subdivision, complete topography
of the area at two-foot intervals, unless otherwise specified for
profiles and cross-sections. These shall all be submitted in triplicate
(one white cloth and two black-and-white paper prints) at a scale
of not less than 100 feet to the inch (100 feet equal one inch) and
shall contain the following information:
A.
The proposed subdivision name or identifying title
and the tract in which the subdivision in located.
B.
The name and address, personally signed, of the record
owner, subdivider and designer of the preliminary plan in India ink.
C.
A deed description and map of the survey of the tract
boundary made and certified by a licensed surveyor to be a closed
and balanced traverse and showing the location of property lines,
existing easements, buildings, watercourses and other essential features.
D.
Other conditions on the tract: watercourses, marshes,
rock outcrop, wooded area, isolated preservable trees one foot or
more in diameter, houses, barns, shacks and other significant features.
E.
The names of all subdivisions immediately adjacent
and the names of owners on record for adjacent acreage.
F.
Other conditions on adjacent land: approximate direction
and gradient of ground slope, including any embankments or retaining
walls; character and location of buildings, railroads, power lines,
towers and other nearby nonresidential land uses or adverse influence.
G.
Photographs, if required by the Planning Board; camera
location, directions of views and key numbers.
H.
The location and size of any existing sewers, water
or gas mains, culverts and drains on the property to be subdivided.
I.
Key plan showing the location of the tract.
J.
Sanitary sewers shall be detailed as follows:
(1)
Plan and profile of all sewers showing all special
features such as inverted siphons, extra strength pipe, sewer bridges,
stream crossings, etc.
(2)
Figures showing the manhole stationing, size of sewers,
surface and sewer invert elevations at manholes, and the grade of
all sewers between two adjacent manholes must be shown on the profiles.
When there is question of the sewer being sufficiently deep to serve
any residence, the elevation and location of the basement floor shall
be plotted on the profile of the sewer which is to serve the house
in question. The subdivider's engineer shall certify that all sewers
are sufficiently deep to serve adjacent basements except where otherwise
noted on the plans.
(3)
Details of all ordinary sewer appurtenances such as
manholes, inspection chambers, inverted siphons as well as of any
special appurtenances or structures such as regulators, tide gates,
sewer bridges, pumping stations, etc.
(4)
Detailed plans of all sewer sections except standard
pipe, clearly shown as such, must accompany the plans. Details of
cradling and encasement must also be shown.
(5)
A summary of design data for all sewers and for pumping
stations or any similar facilities must accompany the plans.
K.
Location, names and existing widths of present and
proposed streets, highways, easements, building lines, alleys, parks
and other public open spaces.
L.
The width, location, grades and street profiles of
all proposed streets or other public ways.
M.
Typical cross-sections of the proposed grading of
the roadways and sidewalks, and the topographic conditions. Additional
cross-sections at points where cut and fill exceeds three feet or
multiples of three feet.
N.
Zoning regulations for the area with zoning district
boundaries affecting the area. All parcels of land proposed to be
dedicated to public use and the conditions of such dedication.
O.
Date, scale and magnetic North point.
P.
All proposed lot lines with approximate dimensions
and building setback lines.
Q.
The proposed location of and type of sidewalks; the
location and species of street trees; the location, size and types
of curbs and gutters; the location and size of electrical mains and
lines; and the character, width and depth of pavement and subbase.
R.
All necessary easements to service public areas.
S.
When and if the subdivision covers only a portion
of the subdividers entire holding, a sketch of the prospective future
street system of the entire area shall show all prospective sewer
and drainage facilities with sizes, slope, location and area served.
T.
All preliminary plans must be submitted at one of
the following sizes or multiples of these sizes: 20 inches by 20 inches
or 20 inches by 40 inches. A suitable border line shall be placed
on all drawings with a margin of not less than 1/2 inch on all sides.
The developer shall submit the final subdivision
plan and street profiles clearly and legibly drawn in India ink, on
tracing cloth. These shall be original drawings or prints on tracing
cloth at a scale of not more than 100 feet to the inch (100 feet equal
one inch). In addition to the tracing cloth drawing, there shall be
submitted four prints on cloth of the plans and profiles. The final
plan shall include the following:
A.
The proposed subdivision name or identifying title
and the name of the tract in which the subdivision is located; the
name and address of the record owner and subdivider; the name, license
number and seal of the registered professional engineer or surveyor.
B.
Street lines, pedestrianways, lots, reservations,
easements and areas dedicated to public use.
C.
Sufficient data to determine readily the location,
bearing and length of every street, lot line, boundary line and to
reproduce such lines upon the ground.
D.
The length and bearing of all straight lines, the
deflection angles, radii, length of curves and central angles of all
curves, tangent distances and tangent bearings shall be given for
each street. All dimensions of the lines of each lot shall be shown
in feet and decimals of a foot. The property boundaries, location,
scale and North point shall also be shown.
E.
The final plan shall also show by proper designation
thereon all public open spaces for which deeds of dedication are included.
All offers of dedication shall bear the certificate of approval of
the Town Attorney as to their legal sufficiency.
F.
Lots within a subdivision shall be numbered.
G.
Permanent reference monuments shall be shown thus:
"X." All lot corner markers shall be shown thus: "O."
H.
As-built drawings, certified by the subdivider's engineer,
showing that sanitary sewers, storm drainage facilities, manholes,
house lateral stubs and all other underground facilities were constructed
by the developer in accordance with the approved final plan or in
accordance with waivers thereof approved by the Board.
I.
Certification of approval by the appropriate public
agency, when and where required, as well as such other certificates,
affidavits, endorsements or other agreements as may be required by
the Planning Board in the enforcement of these regulations.
A.
Hardship. Where the Planning Board finds that, because of unusual circumstances of shape, topography or other physical features of the proposed subdivision or because of the nature of adjacent developments, extraordinary hardship may result from strict compliance with these regulations, it may waive the regulations so that substantial justice may be done and the public interest secured; provided that no such waiver shall be granted which will have the effect of nullifying the intent and purpose of Chapter 178, Zoning, these regulations or any other pertinent rules, regulations or ordinances of the Town of Cortlandville.
B.
Large-scale development. The standards and requirements
of these regulations may be modified by the Planning Board in the
case of a plan and program for a new complete community, or a neighborhood
unit, which in the judgment of the Planning Board provide adequate
public spaces and improvements for the circulation, recreation, light,
air and service needs of the tract when fully developed and populated,
and which also provide such covenants or other legal provisions as
will assure conformity to and achievement of the plan.
C.
Conditions. In granting variances and modifications,
the Planning Board may require such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified.
The rules and regulations as set forth above
may be amended, altered or revised by the Planning Board from time
to time, after public hearing and subject to the approval of the Town
Board.
[Amended 8-5-1998 by L.L. No. 2-1998]
Town of Cortlandville subdivision fees shall
be as set forth from time to time by Town Board resolution.[1]
[1]
Editor's Note: The preparation of these regulations
was financially aided through a federal grant from the Urban Renewal
Administration of the Housing and Home Finance Agency, under the Urban
Planning Assistance Program authorized by § 701 of the Housing
Act of 1954, as amended. This report was prepared under the Urban
Planning Assistance Program for the State of New York Department of
Commerce. It was financed in part by the State of New York and in
part by the Town of Cortlandville, Cortland County, New York.
