TOWN
OF
LAND SUBDIVISION REGULATIONS
TABLE OF CONTENTS
PAGE
ARTICLE 1 –Declaration of Policy 1
ARTICLE 2- Definitions 1
ARTICLE 3 – Procedure for Filing Subdivision Applications 3
Section 3.1 – Sketch Plan 3
Section 3.2 – Approval of Minor Subdivision 3
Section 3.3 – Preliminary Plat for Major Subdivision 4
Section 3.4 – Plat for Major Subdivision 6
Section 3.5 – Required Improvements 7
Section 3.6 – Filing of Approved Subdivision Plat 8
Section 3.7 – Public Streets, Recreation Areas 9
ARTICLE 4 – General Requirements and Design Standards 9
Section 4.1 – General 9
Section 4.2 – Street Layout 9
Section 4.3 – Street Design 11
Section 4.4 – Street Names 14
Section 4.5 – Lots 14
Section 4.6 – Drainage Improvements 14
Section 4.7 – Parks, Open Spaces and Natural Features 15
ARTICLE 5 – Documents to be Submitted 17
Section 5.1 – Sketch Plan 17
Section 5.2 – Minor Subdivision Plat 17
Section 5.3 – Major Subdivision Preliminary Plan and Accompanying Data 18
Section 5.4 – Major Subdivision Final Plat and Accompanying Data 19
ARTICLE 6 – Waivers 20
ARTICLE 7 – Separability 20
ARTICLE 1 DECLARATION OF POLICY
By the authority of the resolution of the Town Board of the
Town of
Pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Otsego is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the County and to conditionally approve preliminary plats, within that part of the Town of Otsego outside the limits of any incorporated city or village. It is declared to be the policy of the Planning Board 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. In order that land subdivisions may be made in accordance with this policy, these regulations which shall be known as, and which may be cited as, the “Town of Otsego Land Subdivision Regulations” have been adopted by the Planning Board on June 30, 1969 and approved by the Town Board on July 1, 1969, with revisions adopted by the Planning Board on August 12,1986, and approved by the Town Board on August 13, 1986.
ARTICLE 2 DEFINITIONS
For the purpose of these regulations, certain words and terms used herein are defined as follows:
Clerk of the Planning Board: That person who shall be designated to perform the duties of the Clerk of the Planning Board for all purposes of these regulations.
Collector Street:
Dead-End Street or Cul-De-Sac:
Easement: Authorization by a property owner for the use
by another, and for a specified purpose of any designated part of his property.
Licensed Professional Engineer: A person licensed as a professional
engineer by the State of
Major Street:
Major Subdivision: Any subdivision not classified as a minor subdivision, including, but not limited to, subdivisions of five (5) or more lots, or any size subdivision requiring any new streets or extension of municipal facilities. Condominium or cooperative developments containing five (5) or more individual housing units are major subdivisions.
Master or Comprehensive Plan: A comprehensive plan, prepared by the Planning Board pursuant to Section 272-a of the Town Law which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the town and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.
Minor Street:
Minor Subdivision: Any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, or Zoning Ordinance, if such exists, or these regulations. Condominium or cooperative developments containing fewer than five (5) individual housing units are minor subdivisions.
Official Map: The map established by the Town Board pursuant to Section 270 of the Town Law, showing streets, highways, and parks and drainage, both existing and proposed.
Planning Board or Board: The Planning Board of the Town.
Preliminary Plat: A drawing or drawings clearly marked “preliminary plat” showing the layout of a proposed subdivision, as specified in Section 3.3 of these regulations, submitted to the Planning Board for approval prior to submission of the plat in final form and of sufficient detail to appraise the Planning Board of the layout of the proposed subdivision.
Registered Architect: A person registered as an
architect by the State of
Sketch plan: A sketch of a proposed subdivision showing the information specified in Article V, Section 1 of these regulations to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of these regulations.
Street: Includes streets, roads, avenues, lanes, or other traffic ways between right-of-way lines.
Street Pavement: The wearing or exposed surface of the roadway used by vehicular traffic.
Street Width: The width of the right-of-way, measured at right angles to the centerline of the street.
Subdivider: Any person, firm, corporation, partnership or association, who shall lay out any subdivision or part thereof as defined herein, either for himself or others.
Subdivision: Any division of any parcel of land into three (3) or more lots, blocks,, or sites, with or without streets or highways and includes resubdivision. Condominium or cooperative developments in which the land is owned in common by three (3) or more purchasers or leasers of the various individual housing units are subdivisions under this regulation.
Subdivision Plat or Final Plat: A drawing, in final form, showing a proposed
subdivision containing all information or detail required by law and by these
regulations to be presented to the Planning Board of approval, and which if
approved, may be duly filed or recorded by the applicant in the office of the
Surveyor: A
person licensed as a land surveyor by the State of
Town Engineer: That person duly designated as such by the Town Board.
Utility: A public service such as gas, electricity, telephone, television cables, and similar services.
ARTICLE 3 PROCEDURES IN FILING SUBDIVISION APPLICATIONS
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 or such proposed subdivision in accordance with the following procedures:
Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary
of the Planning Board at least ten (10) days prior to the regular meeting of the Board, two (2)
copies of sketch plan of the proposed subdivision, which shall comply with the requirements
of Section 5.1, for the purpose of classification and preliminary discussion.
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.
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Sections 3.2 and 3.6 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Sections 3.3, 3.4, 3.5, 3.6 and 3.7.
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 applicant in the next submission to the Planning Board.
a. Application
and Fees:
Within six (6) months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application, for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations make by the Planning Board. Said application shall also conform to the requirements listed in Section 5.2a.
All applications for plat approval for minor subdivision shall be accompanied by a fee of ten ($10) dollars.
b.
Number of Copies:
Five (5) copies of the subdivision plat shall be presented to the Clerk of the Planning Board at the time of submission of the subdivision plat.
c.
Subdivider to Attend Planning Board Meeting:
The subdivider, or his duly authorized
representative, shall attend the meeting of the Planning Board to discuss the
subdivision plat.
d. When
Officially Submitted:
The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Section 5.2 of these regulations, has been filed with the Clerk of the Planning Board.
e. Public
Hearing:
A public hearing shall be held by the Planning Board within forty-five (45) days from the time of submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the town at least five (5) days before such hearing.
f.
Action on Subdivision Plat:
The Planning Board shall, within forty-five (45) days from the date of the public hearing, act to conditionally approve, conditionally approve with modification, disapprove or grant final approval and authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat.
Upon granting conditional approval with or without modification to the plat, the Planning Board shall empower a duly authorized officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. With five (5) days of the resolution granting conditional approval, the plat shall be certified by the Clerk of the Planning Board as conditionally approved, and a copy filed in his office, and a certified copy shall be mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Upon completion of such requirements, the plat shall be signed by the duly designated officer of the Planning Board. Conditional approval of a plat shall expire one hundred eighty (180) days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not to exceed two (2) additional periods of ninety (90) days each.
a. Application
and Fee:
Prior to the filing an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked “Preliminary Plat” and shall be in the form described in Section 5.3, hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of Section 276 and 277 of the Town Law, and Section 5.3 of these regulations, exempt where a waiver may be specifically authorized by the Planning Board.
The application for approval of the preliminary plat shall be accompanied by a fee of ten ($10) dollars, plus one ($1.00) dollar per lot for each lot in the proposed subdivision.
b.
Number of Copies:
Five (5) copies of the preliminary plat shall be presented to the Clerk of the Planning Board at the time of submission of the preliminary plat.
c.
Subdivider to Attend Planning Board Meeting:
The subdivider, or his duly authorized representative, shall attend the meeting of the Planning 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 sixes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Master Plan, the Official Map, and Zoning Regulations, if such exists.
e.
When Officially Submitted:
The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Section 5.3 of these regulations, has been filed with the Clerk of the Planning Board.
f.
Approval of the Preliminary Plat:
Within forty-five (45) days after the receipt of such preliminary plat by the Clerk of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the town at least five (5) days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems appropriate for full public consideration of preliminary plat. Within forty-five (45) days after the date of such hearing, the Planning Board shall approve with or without modification, or disapprove such preliminary plat, and the ground of modification, if any, or the ground for disapproval shall be stated upon the records of the Planning Board. The time is which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing modifications, if any, as it deems necessary for submission of the pat in final form. Within five (5) days of the approval of such preliminary plat, it shall be certified by the Clerk of the Planning Board as granted preliminary approval and a copy filed in his office, a certified copy mailed to the owner, and a copy forwarded to the Town Board. Failure of the Planning Board to act within such forty-five (45) day period shall constitute approval of the preliminary plat.
When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to (1) the modifications to the preliminary plat, (2) the character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, moral, and general welfare, (3) the amount of improvement or the amount of all bonds therefore which it will require as prerequisite to the approval of the subdivision plat. Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.
Section 3.4 Plat for
Major Subdivision
a. Application for Approval and Fee:
The subdivider shall, within six (6) months after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, using the approved application blank available from the Clerk of the Planning Board. All applications for plat approval for major subdivisions shall be accompanied by a fee of one hundred ($100) dollars. If the final plat is not submitted within six (6) months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
b.
Number of Copies:
A subdivider intending to submit a proposed subdivision plat for approval of the Planning Board shall provide the Clerk of the Board with a copy of the application and three (3) copies (one in ink on linen or an acceptable equal) of the plat, the original and one (1) true copy of all offers of cession, covenants, and agreements and two (2) reprints of all construction drawings.
c. When Officially Submitted:
.
The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval of the subdivision plat, complete and accompanied by the required fee and all data required by Section 5.4 of these regulations, has been filed with the Clerk of the Planning Board.
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 New York State Department of Health and, where applicable, the Department
of Environmental Conservation and the Public Service Commission. 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
Within forty-five (45) days of the submission of a plat in final form for approval, a public hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the town at least five (5) days before such hearing, provided however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under Section 3.3 of this article, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such hearing.
f. Action
on Proposed Subdivision Plat:
The Planning Board shall by resolution conditionally approve, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat, within forty-five (45) days of its receipt by the Clerk of the Planning Board if no hearing is held, or in the event a hearing is held, within forty-five (45) days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefore shall be deemed approval of the plat.
Upon resolution of conditional approval of such final plat, the Planning Board shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in its resolution. Within five (5) days of such resolution, the plat shall be certified by the Clerk of the Planning Board as conditionally approved, and a copy filed in his office, and a certified copy shall be mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board. Conditional approval of a final plat shall expire one hundred eighty (180) days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not to exceed two (2) additional periods of ninety (90) days each.
Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Section 3.5 a-1 or Section 3.5 a-2 below:
certified check to cover the full cost of the required improvements OR the subdivider shall file with the Town Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of Section 277 of the Town Law and shall be satisfactory to the Town Board and Town Engineer as to form, sufficiency, manner of execution and surety. A period of one (1) year (or such other period as the Planning Board may determine appropriate, not to exceed three (3) years shall be set forth in the bond within which required improvements must be completed.
Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not so completed, the subdivider shall file with the Town Clerk a bond or certified check covering the costs of such improvements and the cost of satisfactorily installing any improvements not approved by the Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Engineer as to form, sufficiency, manner of execution, and surety.
improvements has been approved by
the Town Engineer and a map satisfactory to the Planning Board has been
submitted indication the location of monuments marking all underground
utilities as actually installed. If the
subdivider completes all required improvements according to Section 3.5 a-2,
then said map shall be submitted prior to endorsement of the plat by the appropriate
Planning Board officer. However, if the
subdivider elects to provided bond or certified check
for all required improvements as specified in Section 3.5 a-1, such bond shall
not be released until such map is submitted.
If at any time before or during construction of the required improvements it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications provided these modifications are within the spirit and intent of the Planning Board’s approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Town Engineer shall issue any authorization under this section in writhing and shall transmit a copy of such authorization to the Planning Board at their next regular meeting.
At least five (5) days prior to commencing construction of required improvements, the subdivider shall pay the Town Clerk the inspection fee required by the Town Board and shall notify the Town Board in writing of the time when he proposes to commence construction of such improvements so that the Town Board may cause inspection to be made to assure that all town specifications and requirements shall be met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required by the Planning Board.
If the Town Engineer shall find, upon inspection of the improvements performed before expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, Building Inspector, and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the town’s rights under the bond. No plat shall be approve by the Planning Board as long as the subdivider is in default on a previously approved plat.
a. Final Approval and Filing:
Upon completion of the
requirements in Sections 3.4 and 3.5 above, and notation to that effect upon
the subdivision plat, it shall be deemed to have final approval and shall be
properly signed by the duly designated officer of the Planning Board and may be
filed by the applicant in the office of the
b.
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 Planning Board and endorsed in writing on the
plat, unless the said plat is first resubmitted to the Planning Board and such
Board approves any modifications. In the
event that any such subdivision plat is recorded without complying with this
requirement, the same shall be considered null and void, and the Board shall
institute proceedings to have the plat stricken from the records o the
The approval of the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the town of any street, easement, or other open space shown on such subdivision plat.
b.
Ownership and Maintenance of Recreation Areas:
When a park, playground, or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the town of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication, and provision for the cost of grading, development, equipment, and maintenance of any such recreation area.
ARTICLE 4 GENERAL REQUIREMENTS AND DESIGN STANDARDS
In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article & herein.
Section
4.1 General
a.
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.
b.
Conformity to Official Map and master Plan:
Subdivisions shall conform to the Official Map of the town and shall be in harmony with the Master Plan, if such exists.
c.
Specifications for Required Improvements:
All required improvements shall be constructed or installed to conform to the town specifications, which may be obtained from the Town Engineer.
Section
4.2 Street Layout
a.
Width, Location and Construction:
Streets shall be of sufficient width, suitable located, and adequately constructed to conform with the Master Plan, if such exists, and to accommodate the prospective traffic and afford access for fire fighting, snow removal and other road maintenance equipment. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system.
b.
Arrangement:
The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions, and for proper projection of principal streets into adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.
c.
Minor Streets:
Minor streets shall be so laid out that their use by through traffic will be discouraged.
d.
Special Treatment Along Major Arterial Streets:
When a subdivision abuts or contains an existing or proposed major arterial street, the Board may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
e.
Provision for Future Resubdivision:
Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning districts in which a subdivision is located, the Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations.
f.
Dead-End Streets:
The creation of dead-end or loop residential streets will be encouraged whenever the Board finds that such type of development will not interfere with normal traffic circulation in the area. In the case of dead-end streets where needed or desirable, the Board may require the reservation of a twenty (20) foot wide easement to provide for continuation or pedestrian traffic and utilities to the next street. Subdivisions containing twenty (20) lots or more shall have at least two (2) street, connection with existing public streets, or streets shown on the Official Map, if such map exists, or streets on an approved subdivision plat for which a bond has been filed.
g. Block Size:
Blocks generally shall not be less than four hundred (400) feet nor more than one thousand two hundred (1,200) feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding eight hundred (800) feet in length, the Planning Board may require the reservation of a twenty (20) foot wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a four (4) foot wide paved foot path be included.
h.
Intersections With Collector or Major Arterial
Roads:
Minor or
secondary street openings into such roads shall, in general, be at least five
hundred (500) feet apart.
i.
Street Jogs:
Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided.
j.
Angle of Intersection:
In general, all streets shall join each other so that for a distance of at least one hundred (100) feet the street is approximately at right angles to the street in joins.
k.
Relation to Topography:
The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography.
l.
Other Required Streets:
Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
Section 4.3 Street Designs
a.
Widths of Right-of-Way:
Streets shall have the following widths. (When not indicated on the Master Plan or Official Map, if such exists, the classification of streets shall be determined by the Board):
Minimum Right-of-Way Minimum Pavement
Major Streets 66 feet 45 feet
Collector Streets 60 feet 40 feet
Local Streets 50 feet 20 feet
b.
Improvements:
Street shall be grated and improved with pavements, curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, street lights and signs, street trees, and fire hydrants, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare. Pedestrian easements shall be improved as required by the Town Engineer. Such grading and improvements shall be approved as to design and specifications by the Town Engineer.
1.
Fire Hydrants: Installation of fire hydrants shall be in
conformity with all requirements of standard thread and nut as specified by the
New York Fire Insurance Rating Organization and the Division of Fire Safety of
the State of New York and where the Otsego County Emergency Services
Coordinator so recommends the subdivider may be required to create fire ponds, including
hydrants.
2. Street Lighting Facilities: Lighting facilities shall be in conformance with the
lighting system of the town. Such lighting standards and fixtures shall be installed
after approval by the appropriate power company and the authorized Town Electrical
Inspector.
c.
Utilities in Streets:
The
Planning Board shall, wherever possible, require that all utilities be placed
underground in the street right-of-way between the paved roadway and street
line to simplify location and repair of lines when they require attention. The subdivider shall install underground
service connections to the property line of each lot within the subdivision for
such required utilities before the street is paved.
d.
Utility Easements:
Where topography is such as to make impractical the inclusion of utilities within the street right-of-way, perpetual unobstructed easements at least twenty (20) feet in width shall be otherwise provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.
e.
Grades:
Grades of all streets shall conform in general to the terrain, and shall not be less than one-half (1/2) nor more than six (6%) percent for major or collector streets, or ten (10%) percent for minor streets in residential zones, but in no case more than three (3%) percent within fifty (50) feet of any intersection.
f.
Changes in Grade:
All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Town Engineer so that clear visibility shall be provided for a safe distance.
g.
Curve Radii at Street Intersections:
All street right-of –way lines at intersections shall be rounded by curves of at least twenty (20)feet radius and curbs shall be adjusted accordingly.
h.
Steep Grades and Curves; Visibility of
Intersections:
A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) which is shown shaded on Sketch A shall be cleared of all growth (except isolated trees) and obstructions above the level three (3) feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility.
i.
Dead -End
Streets (Cul-De-Sacs):
Where dead-end streets are designed to be so permanently, they should, in general, not exceed five hundred (500) feet in length, and shall terminate in a circular turn-around having a minimum right-of –way radius of sixty (60) feet and pavement radius of fifty (50) feet. At the end of temporary dead-end streets a temporary turn-around with a pavement radius of fifty (50) feet shall be provided, unless the Planning Board approves an alternate arrangement.
SKETCH A
j.
Watercourses:
Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town Engineer.
Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-or-way as required by the Town Engineer and in no case less then twenty (20) feet in width.
k.
Curve Radii:
In general, street lines within a block, deflecting from each other at any one point by more than ten (10) degrees, shall be connected with a curve, the radius of which for the centerline of street shall not be less than four hundred (400) feet on major streets, two hundred (200) feet on collector streets and one hundred (100) feet on minor streets.
l.
Service Streets or Loading Space in Commercial
Development:
Paved rear service streets of not less than twenty (20) feet in width, or in lieu thereof, adequate off-street loading space, suitably surfaced, shall be provided in connection with lots designed for commercial use.
m.
Free Flow of Vehicular Traffic Abutting Commercial
Development:
In front of areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial use is contemplated, the street width shall be increased by such amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles, and to provide adequate and safe parking space for such commercial or business district.
Section
4.4 Street Names
a.
Type of Name:
All street names shown on a preliminary plat or subdivision plat shall be approved by the Planning Board. In general, streets shall have names and not numbers or letters.
b.
Names to be Substantially Different:
Proposed street name shall be substantially different so as not to be confused in sound or spelling with present names except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Generally, no street should change direction by more than ninety (90) degrees without a change in street name.
Section
4.5 Lots
a.
Lots to be Buildable:
The lot arrangement shall be such that in constructing a building in compliance with the Zoning Ordinance, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
b.
Side Lines:
All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan.
c. Corner Lots:
In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site.
d.
Driveway Access:
Driveway access and grades shall conform to specifications of the Town Driveway Ordinance, if one exists. Driveway grades between the street and the setback line shall not exceed ten (10%) percent.
e. Access From the Private Streets:
Access from private streets shall be deemed acceptable only if such streets are designed
and improved in accordance with these regulations.
f. Monuments and
Permanent
monuments meeting specifications approved by the Town Engineer as to size, type
and installation, shall be set at such block corners, angle points, points of
curves in streets and other points as the Town Engineer may require, and their
location shall be shown on the subdivision plat.
Section
4.6 Drainage Improvements
a.
Removal of Spring and Surface Water:
The subdivider may be required by the Planning Board to carry away by pipe or open ditch any spring or surface water that may exist either previous to, or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible, or in perpetual unobstructed easements of appropriate width.
b. Drainage Structure to Accommodate Potential Development Upstream:
A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall approve the design and size of facility based on anticipated runoff from a “ten year” storm under conditions of total potential development permitted by the Zoning Ordinance in the watershed.
c.
Responsibility From Drainage Downstream:
The subdivider’s engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision; this study shall be reviewed by the Town Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a five (5) year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of said condition.
d.
Land Subject to Flooding:
Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be plated for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or improved in a manner satisfactory to the Planning Board to remedy said hazardous conditions.
Section
4.7 Parks, Open Spaces and Natural Features
a.
Recreation Area Shown on Town Plan
Where a proposed park, playground or open space shown of the Town Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Section 4.7b below. Such area or areas may be dedicated to the town or county by the subdivider if the Town Board approves such dedication.
b.
Parks and Playgrounds Not Shown on Town Plan:
The Planning Board shall require that the plat show sites of a character, extent, and location suitable for the development of a park, playground, or other recreational purpose. The Planning Board may require that the developer satisfactorily grade any such recreation areas shown on the plat, and install suitable (in accordance with State Parks Standards) recreational equipment on area finally approved.
The Board shall require that not less than three (3) acres of recreation space be provided per one hundred (100) dwelling units shown on the plat. However, in no case shall the amount be more than ten (10%) percent of the total area of the subdivision. Such area or areas may be dedicated to the town or county by the subdivider if the Town Board approves such dedication.
c.
Information to be Submitted:
In the event that an area to be used for a park or playground is required to be so shown, the subdivider shall submit, prior to final approval, to the Board, three (3) prints (one on cloth) drawn in ink showing, at a scale of not less than thirty (30) feet to the inch, such area and the following features thereof:
1. The boundaries of the said area, giving lengths and bearings of all straight lines; radii, lengths central angles and tangent distances of all curves.
2. Existing features such as brooks, ponds, clusters of trees, rock outcrops; structures.
3. Existing, and, if applicable, proposed changes in grade and contours of the said area and of area immediately adjacent.
d. Waiver of Plat Designation of Area for Parks and Playgrounds:
In case where the Planning Board finds that due to the size, topography, or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein, or, if in the opinion of the Board it is not desirable the Board may waive the requirements that the plat shows land for such purposes. The Board may than require as a condition of approval of the plat a payment to the town of one hundred fifty ($150.00) dollars per gross acre of land which otherwise would have been acceptable as a recreation site. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in Section 4.7b.
Such amount shall be paid to the Town Board at the time of final plat approval, and no plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Town Board in a special Town Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that (a) is suitable for permanent park, playground or other recreational purposes, and (b) is so located that it will serve primarily the general neighborhood in which the land covered by the plat lies, and (C) shall be used only for park, playground or other recreational land acquisition or improvements. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the plat is situated, providing the Planning Board finds there is a need for such improvements.
e. Reserve Strips Prohibited:
Reserve strips of land, which might be used to control access from the proposed subdivision
to any neighboring property, or to any land within the subdivision itself shall be prohibited.
f. Preservation
of Natural Features:
The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, water courses and falls, beaches, historic spots, vistas and similar irreplaceable assets. No tree with a diameter of eight (8) inches or more as measured three (3) feet above the base of the trunk shall be removed unless such tree is within the right -of-way of a street as shown on the final subdivision plat. Removal of additional trees shall be subject to the approval of the Planning Board. In no case, however, shall a tree with a diameter of eight (8) inches or more as measured three (3) feet above the base of the trunk be removed without prior approval by the Planning Board.
ARTICLE 5 DOCUMENTS TO BE SUBMITTED
Section 5.1 Sketch Plan
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 two hundred (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’s:
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 two hundred (200) feet thereof. If the Town Engineer deems topographic conditions are significant, contours shall also be indicated at intervals of not more than ten (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, systems of drainage, sewerage, and water supply (see Section 5.2a3) within the subdivided area.
7. All existing restrictions on the use of land including easements, covenants, or zoning lines.
Section 5.2 Minor Subdivision
Plat
a. In the case of minor subdivision ONLY, the subdivision plat application shall include the
following information:
1. A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
2. 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 monuments as approved by the Town Engineer, and shall be referenced and shown on the plat.
3. All on-site sanitation and water supply facilities shall be designed to meet the minimum specification of the State Department of Health and, where applicable, the Department of Environmental Conservation and the Public Service Commission; and a note to this effect shall be stated on the plat and signed by a licensed professional engineer or registered architect. This requirement shall be met whether or not such on site sanitation and water supply facilities are to be actually furnished by the subdivider.
4. Proposed subdivision name, name of the town and county in which it is located.
5. The date, north point, map scale, name and address of record owner and subdivider.
6. All maps presented for filing in the office of the County Clerk must be printed or drawn with pen and India Ink upon transparent tracing cloth or polyester film or be photographic copies on transparent tracing cloth or polyester film and further, that such maps to be not less than eight and one-half (8 1/2) inches by fourteen (14) inches, nor more than thirty (30) inches by forty-two (42) inches in size.
Section 5.3 Major Subdivision
Preliminary Plan and Accompanying Data
The following documents shall be submitted for preliminary plat approval:
a. Five (5) copies of the preliminary plat prepared at a scale of not more than one hundred (100), but preferably not less than fifty (50) feet to the inch, showing:
1. Proposed subdivision name, name of town and county in which it is located,
date, true north point, scale, name and address of record owner, subdivider and
engineer or surveyor, including license number and seal.
2. The name of all subdivisions immediately adjacent and the name of the owners
of record of all adjacent property.
3. Zoning District, including exact boundary lines of district, if more than one (1) district, and any proposed changes in the zoning district lines and/or the Zoning Ordinance 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. Location of existing property lines, easements, buildings, water courses, ponds, marshes, rock outcroppings, wooded areas, single trees with a diameter of eight (8) inches or more as measured three (3) feet above the base of the trunk, and other significant existing features for the proposed subdivision and adjacent property.
6. Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
7. Contours with intervals of five (5) 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 (2) feet.
8. The width and location of any streets or public ways or places shown on the Official Map or the Master Plan, if such exists, within the area 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 water lines, 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 water and sewer lines.
10. Storm drainage plan indicating the approximate location and size 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, street lighting 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 sub-base, 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 preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than twenty (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 tract shall also be located on the ground and marked by substantial monuments of such size and type as approved by the Town Engineer, and shall be referenced and shown on the plat.
b. If the application covers only a part of the sub divider’s entire holding, a map of the entire tract,
drawn at a scale of not less than four hundred (400) feet to the inch showing an outline of the
plated area with its proposed streets and indication of the probably future street system with its
grades and drainage in the remaining portion of the tract and the probably future drainage
layout of the entire tract shall be submitted. The part of the subdivider’s entire holding
submitted shall be considered in the 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.
Section 5.4 Major Subdivision
Final Plat and Accompanying Data
The following documents shall be submitted for plat approval:
a. The plat to be filed with the County Clerk shall be printed or drawn with pen and India ink upon transparent tracing cloth or polyester film or be photographic copies on transparent tracing cloth or polyester film and further, that such maps to be not less than eight and one-half (8 1/2) inches by fourteen (14) inches nor more than thirty (30) inches by fort-two (42) inches in size. The plat shall be drawn at a scale of no more than one hundred (100) feet to the inch and oriented with the north point at the top of the map. When more than one (1) 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. 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 is located, the name and address of record owner and subdivider, 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 Engineer to determine readily the location, bearing and length of every street line, lot line, 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, of all straight lines, radii, length of curves and central angles of all curves, 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 therefore.
6. All offers of cession and covenants governing the maintenance of uncoded 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 specification of the Town Engineer. When referenced to the State system of plane coordinates, they shall also conform to the requirements of the State Department of Public Works. They shall be placed as required by the Town Engineer and their location noted and referenced upon the plat.
9. All lot corner markers shall be permanently located satisfactorily to the Town Engineer, at least three-quarter (3/4) inch (if metal) in diameter and at least twenty-four (24) inches in length, and located in the ground to existing grade.
10. Monuments of a type approved by the Town Engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided, and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Town Engineer.
b. Construction drawings including plans, profiles and typical cross-sections, as required,
showing the proposed location, size and type of streets, sidewalks, street lighting
standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements
and sub-base, manholes, catch basins and other facilities.
ARTICLE 6 WAIVERS
Section
6.1
Where the Planning 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, provided that such waiver will not have the effect of nullifying the intent and purpose of the Official Map, the Master Plan, or the Zoning Ordinance, if such exist.
Section
6.2
In granting waivers, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived.
Section
6.3
In granting variances and modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
ARTICLE 7 SEPARABILITY
Section
7.1
Should any section or provision of the regulations contained herein or as amended hereafter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the regulations as a whole or any part thereof other than the part so declared to be invalid.