|Town of Locke|
Local Law No. 7 of the year 1995
A local law TO REGULATE MAJOR SUBDIVISIONS
Be It enacted by the Town Board of the Town of LOCKE as follows:
This Local Law relates only to the requirements and procedures for Major Subdivisions. For any subdivisions which cannot be classified as Major, Local Law #6 of 1995 shall be applicable.
ARTICLE I: TITLE
This Law shall be known as the Major Subdivision Law for the Town of Locke, County of Cayuga, State of New York.
ARTICLE II: PURPOSE
The purpose herein is to promote the safe, sanitary and efficient subdivision of the land within the Town, to regulate such subdivision of land in a manner which will result in orderly growth and development, adequate provision of municipal services and the safe movement of vehicular and pedestrian traffic; and to establish minimum standards and requirements by which land in the Town of Locke is to be subdivided.
ARTICLE III: DEFINITIONS
Certain specific words and terms used in this Local Law are to be interpreted in accordance with the definitions set forth in the Appendix and hereby made a part of this Local Law.
The purpose of this Article is to set forth for the guidance of the subdivider the step-by-step actions which shall be followed for a MAJOR subdivision of land in the Town of Locke.
Section 401. The Sketch Plan
- The subdivider, prior to subdividing or resubdividing land, shall submit five copies of a Sketch Plan of such proposed subdivision and supplementary material as specified in Sec. 501, along with a written request for approval, to the Town
Clerk for transmittal to the Planning Board. Such sketch Plan and written request shall be submitted to the Clerk at least five (5) days prior to the Planning Board meeting at which it is to be considered. All sketch Plan submissions shall be a accompanied by a fee of five dollars ($5.00).
- At this stage the Planning Board will classify the subdivision. All subdivision that require review and approval by the Cayuga County Health Department in accordance with the Public Health Law; Article 11, Title II as now constituted or hereafter amended shall be classified as a major subdivision. A subdivision which requires or results in the
establishment or expansion of public or private streets, public water systems, subject to the aforementioned Public Health Law or not; shall be classified as a major subdivision.
All other subdivisions shall be classified as a minor subdivision and subject only to Planning Board review to determine compliance with the Town Lot Size Law, objectives of the Town Plan and these Regulations, and determination that no significant environmental impacts will resulted from approval. The requirements for this review are set forth in Section 401C. of these regulations.
- A minor subdivision shall be reviewed by the Planning Board upon submission of survey, drawn by a licensed surveyor, showing the boundaries of the total subdivision and each individual lots; a statement of the proposed use of the lots; of the developer, this material may be submitted at the sketch plan review stage.
The Planning Board may refer this material to such agencies or individuals it deems appropriate to advise it. The Planning Board shall render a decision regarding a minor subdivision proposal within 45 days of submission of all required documents in a form acceptable to the Planning Board.
Upon competing its review, the Planning Board shall take one of the following actions: determine compliance with the Town Lot size Law, objective of these regulations and the Town Plan, and that the proposal would result in no significant environmental impacts and, therefore, waive all requires all requirements of these regulations; or determine that the proposal fails to meet the requirements of the Town Lot Size Law, objectives of these Regulations or the Town Plan, or that the Environmental Assessment Form reveals significant environmental impacts which cannot be mitigated to the Board's satisfaction; and, therefore, reclassify that proposal as a major subdivision and require compliance with all requirements of these regulations.
Section 402. The Preliminary Plat
Section 403 The Final Plat
- Following Planning Board review of a sketch plan the subdivider shall submit five (5) copies of a Preliminary Plan and supplementary material, along with a written request for approval, to the Town Clerk for consideration by the Planning Board. The Preliminary Plat shall be submitted to the Clerk at least ten (10) days prior to the Planning Board meeting at which it is to be considered. The date of such meeting shall be the Date of Presentment. The plat shall be prepared by a licensed land surveyor, or other qualified professional. All drawings and supplementary material shall be clearly
marked "Preliminary Plat." Submissions shall be accompanied by a fee of five dollars ($5.00) per lot with a maximum fee of one hundred dollars ($100.00)
- Before the Preliminary Plan drawing is submitted for approval, proposed water and sewer systems must be reviewed by the Cayuga County Health Department.
- The Preliminary Plat drawing shall be reviewed by the Planning Board for compliance with any sketch plan conditions and with the provisions required by these Rules and Regulations as specified in Section 502. For non-compliance, the
Planning Board may return the plat drawing to the subdivider along with suggestions for bringing it into compliance.
- Referral to other Agencies
The Planning Board may refer all submissions to such agencies as may be required to receive same by Law or Regulation and/or which the Board deems may offer advice and assistance to it in performing its duties under these regulations.
- The Planning Board shall hold a public hearing on the Preliminary Plat within 45 days from the Date of Presentment. This hearing shall be advertised in a newspaper of general circulation in the Town at least 10 days before such hearing.
- Within 45 days from the date of such public hearing the Planning Board shall take action to approve, with or without modification, or disapprove such Preliminary Plat and the grounds for any modification required or the grounds for disapproval shall be stated upon the records of the Planning Board. In the event the Planning Board fails to take action on the Preliminary Plat within the specified time such Plat shall be deemed to have received preliminary approval. The time for action may be extended by mutual agreement between the Subdivider and Planning Board.
- When granting approval to a Preliminary Plat, the Planning Board shall state the conditions of such approval, if any, with respect to:
The action of the Planning Board plus any conditions attached thereto shall be noted on, or attached to, five copies of the Preliminary Plan. Within five (5) days of approval of such Preliminary Plat it shall be certified as approved by the secretary of the Planning Board. One copy shall be returned to the subdivider, one retained by the Planning Board and one forwarded to the Town Board.
- the specific changes which it will require in the Final Plat;
- the character and extent of the required improvements for which waivers have been requested and which in its opinion may be waived without jeopardy to the public health, safety morals, and general welfare;
- the amount of improvement or the amount of all bonds or guarantees therefore which it will require as prerequisite to the approval of the Final Plat.
- Approval of a Preliminary Plan shall not constitute approval of the Final Plat; 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 Final Plat, which will be submitted for the approval of the Planning Board, and for recording with the County Clerk. Prior to approval of the Final 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 the new information obtained.
- The Final Plat of the subdivision shall be submitted to the Town Clerk for transmittal to the Planning Board within six (6) months from the date of approval of the Preliminary Plat. All such Final Plats shall be laid out or approved by a certified license land surveyor or equivalent. The Final Plat shall be submitted to the Town Clerk at least ten (l0) days prior to the Planning Board meeting at which it is to be considered. Five (5) copies of the Final Plat drawing, the written request for approval, and all supporting documents as specified in Section 503 of these Rules and Regulations shall be submitted. All Final Plat submissions shall be accompanied by a fee of twenty-five Dollars ($25.00). If such
plat is not submitted within six (6) months approval of the Preliminary Plat may be revoked by the Planning Board.
- The Final Plat shall conform substantially to the Preliminary Plat as approved by the Planning Board. If the subdivider so desires, the Final Plat may consist of only that portion of the Preliminary Plat which is to be developed and recorded at the time, provided that such portion contains at least 10% of the lots in the subdivision and conforms to all requirements of these Rules and Regulations.
- Within forty-five (45) days from the date of submission of the Final Plat a second public hearing shall be held by the Planning Board. This hearing shall be advertised in a newspaper of general circulation in the Town at least ten (l0)days before such hearing. When the Planning Board determines that the Final Plat is in substantial agreement with the approved Preliminary Plat, and any conditions imposed thereon, it may waive the second public hearing required by this
- The Planning Board shall act on a Final Plat within forty-five (45) days from the date of the second public hearing or, if such public hearing is waived, within forty-five (45) days from the date of submission of said final plat. By resolution the Planning Board shall approve, conditionally approve with or without modification, or disapprove the Finial Plat. Resolution to approve or conditionally approve a Final Plat shall also authorize endorsement of said Plat when conditions as stated in the resolution have been met and all proposed improvements have been completed or appropriate guarantees of completion have been accepted by the Town Board. The time for action on the final Plat may be extended
by mutual agreement between the subdivider and the Planning Board.
- If the Planning Board fails to act on the Final Plat within the time period specified therefore, the plat shall be deemed approved and the clerk shall issue a certificate as to such failure to take action, which certificate shall be sufficient
in lieu of approval and endorsement of the Plat and shall enable the subdivider to file the plat in accordance with Section 404 B.
- Within five (5) days from a Planning Board resolution of conditional approval, the Final Plat shall be certified by the clerk as conditionally approved and a copy thereof returned to the subdivider along with a certified statement of the conditions which, when met, will enable final approval and endorsement of the conditionally approved Final Plat.
- Prior to making a resolution of approval or conditional approval of a Final Plat the Planning Board may permit such plat to be subdivided into two or more sections provided that any such section contain at least 10 of the total number of lots in the plat. On any such section so permitted the Planning Board may impose conditions as it deems necessary to assure the orderly development of the remainder of the plat.
Section 404 Filing of Approved and Endorsed Plat
- Within one hundred eighty days after the Planning Board has approved or conditionally approved the Final Plat or a section of it, and conditions have been met and improvements made suitable guaranteed (see Section 703), the Plat or section thereof shall be endorsed by the Chairman of the Planning Board or a duly authorized member acting in the Chairman's place. Approval or conditional approval of any plat or section shall expire if it has not been endorsed within said one hundred eighty day period. The Planning Board may extend the time period within which a conditionally approved plat must be submitted for endorsement but such extensions shall not exceed two ninety day periods.
- Endorsed plats or sections must be filed by the subdivider with the Town Planning Board, the Assessor and the County Clerk within sixty (60) days from the date of endorsement or certification of Planning Board failure to act (see Section 403. E.). Any plat or section not so filed shall be null and void.
- No plat, or section thereof, shall be accepted for filing by the County Clerk unless it has been duly endorsed by the planning Board in accordance with this Section 404.
- No plat or section thereof, shall be in any way altered or revised after it has been given approval and has been properly endorsed in accordance with this Section 404. Such alterations or additions shall cause said plat to be null and void.
- In the event the subdivider elects to file only a section of the approved plat with the County Clerk, the entire approved plat shall be filed with the Town Clerk within 30 days of filing of the first section with the County Clerk. If the remaining sections of the plat are not filed with the County Clerk within two years form the date of filing of the first section the Planning Board may, by resolution, declare them null and void.
Article V: PLAN DETAILS
Section 500. Purpose
The purpose of this Article is to establish a uniform format for the submission of all subdivisions and to specify the information which should be included on all subdivision submissions.
Section 501. Sketch Plans
The following information shall be submitted to the Planning Board with all Sketch Plans:
- A location map identifying the subdivision by name and owner of record and showing existing street and utility rights-of-way, and the names of nearest property owners on all sides.
- A sketch drawing of the proposed layout of streets, lots, easements, and any other features, indicating lot dimensions and the general location and width of street and easement rights-of-way. The sketch Plan shall also indicate the scale, date, north arrow and acreage.
- A general indication of existing natural features including topography, streams, water bodies, ditches, building and large trees and tree masses.
- General information regarding proposed water supply and sewage treatment and any proposed protective covenants or deed restrictions on the lots.
Section 502. Preliminary Plat
A Preliminary Plat shall be submitted in triplicate at a scale of one inch equals 100 feet or one inch equals 50 feet, or another scale approved by the Planning Board, whichever most clearly illustrates the subdivider's proposal. The plat shall contain sufficient information to establish the design arrangement and location and dimensions of streets, lots and other features proposed by the subdivider or required by the Planning Board as a result of Sketch Plan review. Specifically, the Preliminary Plat shall include:
- Identification: Name of subdivision, if any; name and address of owner of record; names of all adjacent property owners; scale, north arrow and date.
- Topography: Sufficient approximate contour lines and elevations to determine the general slope and natural drainage of the land.
- Existing and Proposed Features: Location and approximate dimensions of all existing easements and all streets and utility rights-of-way; location of existing ditches, culverts, streams, water bodies, large trees, property lines and building; location and approximate grade of all proposed streets; location and size of all proposed easements; location and dimension of all proposed property lines; location of all proposed drainage facilities and all other features proposed by the subdivider or required by the Planning Board of these Rules and Regulations.
- Utilities: Source of water supply and method of sewage disposal for each lot in the subdivision including Board of Health approval if public sewer connections are not contemplated.
- A copy of any proposed protective covenants or deed restrictions on the lots.
Section 503 Final Plat
The Final Plat shall be drawn at a scale of one inch equals 100 feet or one inch equals 50 feet, or another scale approved by the Planning Board, whichever most clearly illustrates the subdivider's proposal. Five (5) copies of all maps and supplementary data shall be submitted. The Final Plat shall show or be accompanied by the following:
- Name and location of subdivision, name and address of owner of record, names of all adjacent property owners, scale, north arrow and date.
- Boundary lines of the tract or that portion of it being submitted for final approval
- Location, names and right-of-way widths of all existing streets and easements; location of existing building lines, structures, creeks, ditches and other features to be retained; location and right-of-way widths of all proposed streets, creeks, water courses, drainage facilities; location of tree masses and other features; and names of all proposed
- Property lines of all lots with accurate dimension, bearings or deflection angles, and radii and arcs of all curves.
- Location of all required monuments.
- Number or letter to identify each lot on the plat.
- Detailed drawings showing the profile and cross section of all proposed streets.
- County Board of Health certification of the subdivision or that portion thereof submitted for final approval.
Section 504 Endorsement
Prior to endorsement of the conditionally approved Final Plat the Planning Board shall be provided with:
- Statement from the Town Attorney that the forms of all deed transfers and easements required in the subdivision are satisfactory.
- Statement from the Town Inspection Officer that all required improvements have been installed in accordance with approved specifications; or,
- Statement from the Town Board that satisfactory guarantee for completion of all required improvements has been provided by the subdivider.
ARTICLE VI: DESIGN STANDARDS
Section 600. Purpose
The purpose of this Article is to establish design principles and minimum standards which shall be applied to the subdivision of any land in the Town of Locke. These principles and standards are intended to promote and ensure sound, consistent, efficient and safe long-range development throughout the Town. All subdivider in the Town of Locke shall observe the following requirements and guiding principles of land subdivision in the design of each subdivision or portion thereof.
Section 601. General
Subdivision plats shall be designed so as to promote efficient and beneficial land development patterns within the Town. Plats shall conform to the proposals and conditions shown on the general Plan and official map of the Town if either of these documents has been adopted. Streets, drainage rights-of-way, school sites, public playgrounds and open spaces shown on any General Plan of the Town shall be considered in review of subdivision plats.
Section 602. Streets
- The layout of new streets in any subdivision shall be such as to provide for the appropriate extension of existing streets and utilities and shall take into consideration topography, drainage, views, public convenience and safety, and the proposed uses of the land to be served by such streets.
- Secondary streets and local streets shall be designed to discourage through traffic.
- Subdivisions along primary streets shall, whenever possible, be designed to provide an adjacent service road or reverse frontage so that not every lot will require direct access to said primary street.
- Street right-of-way widths shall not be less than 60 feet.
- In general, all streets shall be centered in the right-of-way. Street grades shall not exceed 10% for primary streets, and 12% for secondary and local streets. No streets shall have a grade less than 0.5%.
- Horizontal and vertical curves shall be designed with a minimum radius of 150 feet to provide a safe sight distance.
- Permanent dead-end streets shall not be longer than 1000 feet. All permanent dead-end streets shall provide a turnaround at the end with the same surface as the road, with a diameter of not less than 80 feet. Streets which are to be continued at a later date shall provide a temporary turnaround.
- If a subdivision shows reserve strips at the end of streets or elsewhere controlling access to adjacent land, control of such reserve strips shall be placed in the governing body under conditions approved by the Planning Board.
- Subdivision which include or continue existing streets which do not conform to the minimum right-of way width as specified in these Rules and Regulations shall dedicate additional width along either or both sides of said streets to bring them into compliance. If the subdivision is located along one side of an existing narrow street, one-half of the required total extra width shall be dedicated.
- Half streets shall not be permitted except where essential to the reasonable development of the subdivision in conformity with the other requirements of these Rules and Regulations and where the Planning Board funds that it will be practicable to require the dedication of the other half when the adjoining property subdivides.
- No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. A continuation of an existing street shall have the same name.
- No street in any subdivision shall be deemed a public street until it has been formally offered for cession to the Town Board and formally accepted by resolution of said Board.
Section 603. Intersections
- All streets shall intersect as nearly at right angles as possible and in no case shall they intersect at an angle of less than 60 degrees.
- At intersections, streets shall form a cross or "Tee." If "tee" intersections are used, center lines shall be offset by a minimum of 125 feet.
- In general, the length, width and shape of blocks shall be determined with due regard to:
- Limitations and opportunities of topography and natural features.
- Provision of attractively laid out building sites suitable to the land uses proposed.
- Need for convenient circulation, control and safety of street traffic and for reducing the potential conflict between local the through traffic.
- Provision of utilities and public services.
Section 605. Lots
- Each lot must have satisfactory access to a public street. Such access must consist of at least 200 feet of frontage at the right-of-way line of said public street.
- Minimum lot dimensions and areas shall be determined by the "Set Back and Lot Area" Law and by the Cayuga County Board of Health requirements for all unzoned areas.
- In approving subdivisions in unzoned areas the Planning Board shall be satisfied that lot sizes of nonresidential lots are adequate to accommodate off-street parking na servicing required by the type of use contemplated.
- Insofar as practical, side lot lines shall be perpendicular or radial to street lines.
- Double frontage lots and extreme lot depth (3 times width) shall be avoided if possible.
- Corner lots shall have extra width to permit front yard setbacks form both streets.
Section 606. Natural Features
All natural features such as trees, streams, hilltops, and views shall be preserved whenever possible in designing and laying out any subdivision containing such features. The Planning Board may require changes in the layout to assure that such features will be preserved.
Section 607. Easements
Easements across lots shall be provided for utilities where necessary. Wherever possible electrical and communications service shall be located underground or along rear property lines: Where a subdivision contains a drainage right-of-way there shall be provided a storm easements, conforming substantially to the drainageway alignment, and providing such additional width as will be necessary to permit access from clearing repair. Said width is to be determined by the Planning Board.
Section. 608. Environmental Protection
Land subject to serious or regular flooding shall not be subdivided for residential occupancy or for such other uses as may increase danger to life or property or aggravate the flood hazard, but such land may be used for such uses, or in such a way, that the flood danger to this property and other upstream or downstream properties will not be increased and periodic of occasional inundation will not be a substantial threat to life or property. The provisions of this Section 609 shall apply to all land designated as a 100 year floodplain area as determined by the department of housing and Urban Development to the U.S. Army Corps of Engineers and shown on appropriate flood hazard boundary maps.
ARTICLE VII: IMPROVEMENTS
Section 700. Purpose
The purpose of this Article is to establish the minimum installation and construction standards for those improvements which all subdivides are required to install when land in the Town of Locke is subdivided. Proper initial installation is necessary to prevent excessive future public maintenance and replacement costs.
Section 701. Subdivider's Responsibility
Prior to requesting approval of a Final Plat the subdivider shall have made, or furnished a performance guarantee to make, the following improvements:
- Monuments: Permanent monuments (1-1/2" galvanized pipe, 1" iron pins or equal 48" long) shall be set at all block corners, or if no complete blocks are involved, at each corner of the subdivision, and each corner of each lot in the subdivision shall also be marked by iron pipes or pins. Placement of such markers shall be shown on the Final Plat and approved by the Inspection Officer.
- Streets: All streets shall be constructed in accordance with specifications provided by Cayuga County and N.Y. State D.O.T. and the Town of Locke.
- Curbs, Gutters and Sidewalks: Curbs, gutters and sidewalks shall be provided on all streets except where specific exemptions from this requirement all approved by the Planning Board. In general, exemptions will be denied in those areas where traffic hazard is high or where population is concentrated at densities of 4 or more families per gross acre.
- Water and Sewer Facilities: In areas where public water and sewer facilities are existing or proposed the subdivider shall install all necessary water and sewer lines on his property.
- Fire Hydrants: If a subdivision is located in an existing or proposed water district the subdivider shall install fire hydrants no more than 1,000 feet apart.
- Drainage: All drainage ditches, culverts and storm sewers required by the Planning Board shall be provided by the subdivider and shall be located in street rights-of-way or in permanent easements of appropriate width (See section 607).
Culverts and other drainage facilities shall be large enough to accommodate potential runoff from the entire drainage areas they serve and banks shall be stabilized to prevent erosion. Size and design of all such drainage facilities shall be approved by the Inspection officer and shall be based on the calculated runoff potential which would materialize if the entire upstream drainage were developed.
- Street Name Signs: All street name signs shall be provided and installed by the Town at the subdivider's expense.
Section 702. Installation
All improvements listed in this Article shall be installed by the subdivider at his expense and said installation shall be subject to approval by the Inspection Officer or other appropriate Town Officials.
Section 703. Performance Guarantee
Before any Final Plat is endorsed by the Planning Board the subdivider shall have satisfactorily constructed and installed all improvements required by these Rules and Regulations. In the event that the subdivider is unable to complete all improvements, the Inspection officer and other appropriate Town officials shall estimate the cost of such completion and the subdivider shall submit to the Town Board a performance guarantee that will assure completion of said improvements. The type and amount of this performance guarantee shall be determined by the Town Board.
ARTICLE VIII: ACCEPTANCE OF STREETS AND OTHER PUBLIC SPACES
No new street, recreation area, easement or other proposed public space shown on an approved Final Plat shall become Town property until accepted by the Town Board.
ARTICLE IX: VARIANCE AND MODIFICATIONS
Section 900. Purpose
The purpose of this Article is to set forth those conditions and circumstances under which the requirements of these Rules and Regulations may be modified or waived by the Planning Board. It is intended that the Planning Board, in waiving or modifying various requirements of these Rules and Regulations shall determine that the Public interest is secured and the objectives of these rules and Regulations are not violated.
Section 901. Hardship
If the subdivider feels that extraordinary and unreasonable hardships may result form strict compliance with these Rules and Regulations, he may apply to the Board of Appeals for a variance.
Section 902. Special Circumstances
When the Planning Board finds that, due to the special circumstances of a particular area, the provision of certain required improvements is not necessary in the interest of public health, safety and general welfare, or is an inappropriate due to the inadequacy or lack of existing or proposed connecting facilities in the area of a proposed subdivision, it may waiver such requirements subject to appropriate conditions it may wish to impose.
Section 903. Design Innovations
If is not the intent of these Rules and Regulations to effect uniformity or standardization in the development of subdivisions in the Town of Locke. When design concepts which are imaginative and beneficial to the public interest are proposed by a subdivides; the Planning Board may modify the requirements of these Rules and Regulations as necessary to permit accomplishment of such concepts.
Section 904. Design Flexibility
In the review and approval of subdivision plats the Planning Board shall have the authority to change applicable zoning regulations, if any, for the subdivision under consideration only after such modification have been fully disclosed at the public hearing required for the Preliminary Plat approve. Changes made pursuant to this Section 904 must be made in accordance with the procedures set forth in the Town Law.
ARTICLE X: AMENDMENTS
These Rules and Regulations may be amended in accordance with procedures set forth in the Town Law.
ARTICLE XI: VIOLATIONS AND PENALTIES
The violation of any rule or regulation approved by the Town Board herein shall be deemed an offense against such Rules and Regulations.
For any violation of the Rules and Regulations herein, the person violating same shall be subject to a fine of not more than $250.00, or imprisonment not exceeding 30 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate violation.
In addition to the above-provided penalties and punishment, the Town Board may also maintain an actin or proceeding in the name of the Town of Locke in a court of competent ] to compel compliance with or restrain by injunction the violation of the Rules and Regulars herein.
ARTICLE XII: SAVING CLAUSE
If any clause, sentence paragraph, section or part of these Rules and Regulations shall be adjudge by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence paragraph, section or part thereof, directly involved in the controversy in which such judgment shall have been rendered.
ARTICLE XIII: COURT REVIEW
Any person or persons, jointly or severally aggrieved by any decision of the Planning Board concerning such plat may have said decision reviewed by a special term of the Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules, providing the proceeding is commenced within (30) days after the filing of the decision in the office of the Planning Board, all as set forth in accordance with the procedures set forth in the Town Law.
ARTICLE XIV: FEES
Filing fees land fines contained herein are subject to review and revision by resolution by the Town Board.
ARTICLE XV: EFFECTIVE DATE
This Local Law shall take effect immediately upon being adopted.
In the interpretation and enforcement of these Rules and Regulations, certain terms and words used herein are defined as follows:
- Subdivision, GENERAL:
The division of any lot, tract or parcel of land into two or more parcels, lots, plots, tracts, sites or other division of land or the purpose, whether immediate or future, of transfer of ownership, whether or not new building or development is to occur. Subdivision shall include resubdivision in whole or in part of any plot, filed or unfiled, which is entirely or partially undeveloped.
- Subdivision, MAJOR: The subdivision of land into
All subdivisions that require review an approval by the Cayuga County Health Department in accordance with the Public Health Law; Article 11, Title II as now constituted or hereafter amended shall be classified as a major subdivision. A subdivision which requires or results in the establishment or expansion of public or private streets, public water systems, public sewer systems, or other public facilities, whether subject to the aforementioned Public Health Law or not, shall be classified as a major subdivision.
- Subdivision, MINOR: Any subdivision of land not classified by the Planning Board as MAJOR subdivision.
- Subdivision, Existing: Any subdivision of land which is filed in the office of the Town or County Clerk at the time these Rules and Regulations take effect.
Any person, firm, corporation, partnership, association, or their agent, who shall lay out or propose any subdivision of land for the purpose of sale of development, either immediate or future.
Any parcel, plot, site or tract of land separated from other parcels, plots, sites or tracts by description as on a subdivision map, or record of survey map, or by metes and bounds, for the purpose of sale, lease, or separate use.
- Sketch Plan:
Any drawing (s) of the proposed subdivision made with sufficient accuracy and detail to be submitted to the Planning Board for the purpose of discussion and classification in accordance with the provisions of these Rules and Regulations. (See sections 401 and 501.)
- Preliminary Plat:
Drawing(s) submitted for Planning Board review clearly marked "preliminary plat, and showing the proposed layout of the subdivision and containing all the supplementary data required by these Rules and Regulations and by the Planning Board in its action on the Sketch Plan. (See Sections 402 and 502.)
- Final Plat:
The final map of all or a portion of the subdivision, with all supporting date, documentation and approvals required by these Rules and Regulations and by the Planning Board, submitted to the Town Clerk for action by the Planning Board and which, if approved, shall be endorsed by the Planning Board and filed in the County Clerk's Office.
- Date of Presentment of Preliminary Plat
The date of the regular monthly meeting of the Planning Board immediately following the date on which a subdivides submits a preliminary plat and supporting data for consideration by the Planning Board.
- Date of Submission of Final Plat
The date of the regular monthly meeting of the Planning Board immediately following the ate when the subdivides submits the Final Plat of all of a portion of the subdivision, with all the data, documentation, and approvals required by these Rules and Regulations and by the Planning Board to the Town Clerk for action by the Planning Board. (See Section 404A.)
- Date of Approval of Final Plat
The data on which official action approving or conditionally approved the Final Plat is taken by the Planning Board.
Authorization given by a property owner for the use of a designated portion of his property by another for a specific purpose.
An individual or two or more persons of recognized family relationship occupying a dwelling unit and living as a single household. A family may also consist of not more than four unrelated individuals occupying one dwelling unit.
- Performance Guarantee
Some form of security approved by the Planning Board and acceptable to the Town Board guaranteeing that all improvements to be made by the subdivider in compliance with these Rules and Regulations will be made.
Any street, avenue, boulevard, road, lane, parkway, alley or other way which is an existing State, County or Town roadway or a street or way shown on a plat to be filed or fully filed and recorded in the office of the County Clerk. streets include all land between rights-of-way, whether improved or unimproved. For the purposes of these Rules and Regulations, streets shall be classified as follows:
Primary Streets - Those streets used primarily for fast or heavy traffic;
Secondary Streets - Those streets which collect traffic from local streets and carry it to primary streets but do not carry heavy volumes of fast or through traffic;
Local Street - Those streets which are used to provide access to abutting land, primarily of residential character.
Dead-End Streets - Short streets with a vehicular traffic outlet at one end and a turnaround at the opposite end.
- Inspection Officer:
A person designated by the Town Board to make the determinations required in these Rules and Regulations.