[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.
