Town of Locke|
Local Law No.6 of the year 1995
A local law TO REGULATE MINOR SUBDIVISIONS
Be It enacted by the Town Board of the Town of LOCKE as follows:
NOTE: This Local Law relates only to the requirements and procedures for Minor Subdivisions. For any subdivisions which cannot be classified as Minor, Local Law #7 of 1995 shall be applicable.
ARTICLE I: TITLE
This Law shall be known as the Minor 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
ARTICLE IV: PROCEDURE
- The division of any lot, tract or parcel of land into two or more parcels, lots, plots, tracts, sites or other division of land for 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 on in part of any plot, filed or unfiled, which is entirely or partially undeveloped.
- Subdivision, MINOR: The subdivision of land into not more than four lots (initial lot plus three new lots). Said lots would have an area of at least one acre and a frontage of at least 200 feet. Each of said lots would front on an existing public street and would not require a new or extended street or road or the extension of public water.
- Subdivision, MAJOR: Any subdivision of land not classified by the Planning Board as MINOR subdivision.
Any parcel, plot, site or tract of land separated form 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 the discussion and classification in accordance with the provisions of these Rules and Regulations.
Section 1: The Sketch Plan
- The subdivider, prior to subdividing or resubdividinq land shall submit five copies of a sketch Plan of such proposed subdivision and supplementary material 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 lest five (5) days prior to the Planning Board meeting at which it is to be considered. All Sketch Plan submissions shall be accompanied by a fee of five dollars ($5.0O).
- The Planning Board will classify each subdivision and will discuss with the subdivider such aspects as existing development facilities and services. Special community or site problems of which Planning Board has knowledge should be discussed. Possible changes in the plan shall be discussed if it does not meet the objectives or standards of these regulations. Action on sketch plans shall shall be taken at a regular or special meeting and the Planning Board shall notify the subdivider of the action taken within ten days from such meeting. Reasons for failure to approve any Sketch Plan shall be attached to each copy of the Sketch Plan.
- The Planning Board may, before acting on any Sketch Plan, require the subdivider to submit any additional data deemed necessary.
- If the Sketch Plan has been classified as a MINOR subdivision and has received Board of Health approval for any sewage disposal system proposed, if applicable, the Planning Board shall waive the requirement for a Preliminary and Final Plan. When such waiver is granted the Planning Board shall hold a public hearing on such Sketch Plan except as otherwise provided for in Section
1E. Within 45 days from the date of such hearing, the Planning Board shall approve with or without modification, or disapprove the Sketch Plan. As approved Sketch Plan shall be endorsed and filed by the subdivider in accordance with Section 2.
- If a MINOR subvision contains no more than two lots (initial lot plus one new lot) the Planning Board may waive the requirement for a public hearing and approve the Sketch Plan immediately. If such waiver is granted the approved Sketch Plan shall be endorsed and filed by the subdivider in accordance with Section 2.
- After a subdivider has submitted four adjoining lots, to the Planning Board, any subsequent subdivision on the same street or on an intersecting street, submitted by said subdivider or his agent, may be classified by the Planning Board as MAJOR subdivision. If so classified such subdivision shall require Preliminary Plat and Final Plat approval and submission of all data
required for such approval. (See Local Law 18 of 1995: MAJOR SUBDIVISIONS)
Section 2: Filing of Approved and Endorsed Plat
ARTICLE V: DESIGN STANDARD
- After the Planning Board has approved and endorsed a Sketch Plan of a MINOR subdivision one copy of said endorsed Sketch Plan must be filed by the subdivider with the County Clerk.
- Any MINOR subdivision not so filed within 60 days from the date of endorsement shall be null and void.
- The subdivider shall also file one copy of the endorsed MINOR subdivision with the Assessor and one with the Planning Board.
Section 1: Lots
Section 2: Easements
- Each lot must have satisfactory access to a public street. Such access must consist of at least 200 feet of frontage at right-of-way line of said public street.
- Minimum lot dimensions and areas shall be determined by the Lot Area and Set Back Law of the Town of Locke and Cayuga County Board of Health requirements.
- In approving subdivisions the Planning Board shall be satisfied that lot sizes of nonresidential lots are adequate to accommodate off-street parking and servicing required by the type of use contemplated.
- Insofar as practical, side lot lines shall be perpendicular or redial 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 from both streets.
When a MINOR subdivision contains a drainage right-of-way the Planning Board may require that a storm easement be provided with adequate width to permit access for cleaning and repair.
ARTICLE VI: VARIANCES
If the Subdivider feels that extraordinary and unreasonable hardship may result from strict compliance with these Rules Regulations he may apply to the Board of Appeals for a variance. In granting a variance, the Board of Appeals shall determine that the granting of the variance is in harmony with the general purpose and intent of this local law and not injurious to the neighborhood or otherwise detrimental to the public welfare.
ARTICLE VII: MISCELLANEOUS
Section 1: Amendments
This Local Law say be amended after public bearing and approval by the Town Board as set forth by Town Law.
Section 2: Violations and Penalties
Section 3: Filing Fees and Fines
- The violation of any Local Law approved by the Town Board herein shall be deemed an offense against such Local Law.
- For any violation of the Local Law herein, the person violating the 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 acting or proceeding in the na of the Town of Locke in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation the Rules and Regulations herein.
Filing fees and fines contained herein are subject to review and revision by resolution by the Town Board.
Section 4: Effective Date
This Local Law shall take effect 10 days after being published and posted.