Caroga Town City Zoning Code

SUBDIVISION REGULATIONS

STATEMENT OF POLICY

STATEMENT OF POLICY:

By the authority of the resolution of the Town Board of the Town of Caroga adopted pursuant to the provisions of Section 276 of the Town Law of the State of New York, the Planning Board 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 County Clerk and to approve, modify or disapprove preliminary and final plats within the Town of Caroga.
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 and 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 properly related to the proposals shown on the Town’s Comprehensive Plan and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access for fire-fighting equipment to buildings.

ADIRONDACK PARK AGENCY STATUTORY AUTHORITY

ADIRONDACK PARK AGENCY STATUTORY AUTHORITY:

Upon receipt of an Application for Subdivision Approval, the Planning Board may require a Jurisdictional Inquiry Form be submitted to the APA to verify if the Application is considered a Class A regional project or subdivision and subject to Agency jurisdiction. The APA’s definitions of Class A and Class B Subdivisions are summarized from Section 810 of the APA Act as follows.

DEFINITIONS

DEFINITIONS:

For the purpose of this Article, certain words and terms used herein in addition to those contained in Article 2 and are defined as follows:
1. Applicant:
  The owner, lessee or contract vendee of land, including the authorized representative of such owner, lessee or contract vendee, who submits a Preliminary Plat or Final Plat to the Planning Board for the purposes of subdividing such land and who receives approval of a Final Plat.
2. Collector Street:
  A street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
3. Comprehensive Plan:
  The Comprehensive Plan adopted by the Town of Caroga Town Board per Section 272-a of the Town Law of the State of New York.
4. Dead-End Street or Cul-de-Sac:
  A street or portion of a street with only one vehicular traffic outlet.
5. Easement:
  Authorization by a property owner for the use by another, and for a specified purpose, or any designated part of his property.
6. Engineer or Licensed Professional Engineer:
  A person licensed as a professional engineer by the State of New York.
7. 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 for approval and which, if approved, may be duly filed or recorded by the applicant in the office of the County Clerk.
8. Lot:
  The land, including plot, occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this ordinance, having not less than the minimum area and width required by this ordinance for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land.
9. Lot Line Amendment:
  A modification of lot boundaries in which a portion of one (1) or more lots is added to an adjoining lot without increasing the total number of buildable lots.
10. Major Subdivision:
  Any subdivision involving five (5) or more lots, or any size subdivision requiring any new street or extension of municipal facilities.
11. 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 Comprehensive Plan, Official Map or Zoning Ordinance,
12. Monument:
  A concrete, stone, or iron pin permanently set into the ground that delineates the corners or sides of individual property boundaries.
13. Open Space:
  Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
14. Performance Bond:
  An obligation in writing, under seal, issued by a surety company satisfactory to the Planning Board binding the surety to pay a sum of money to the Town, if the Applicant fails to satisfactorily install and/or maintain improvements as may be required by the Planning Board as part of its approval.
15. Preliminary Plat:
  A drawing or drawings clearly marked “preliminary plat” showing the salient features of a proposed subdivision submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
16. Private Road:
  A privately-owned and maintained road that does not require a turnaround and is governed by a shared maintenance agreement among all owners. A private road may serve up to three (3) residences without a private Homeowners Association or more than three (3) residences with a private homeowner’s Association which shall maintain the road. For purposes of this law, a shared driveway is a private road.
17. Public Facility:
  A public facility is deemed to be: a new street, an extension of an existing street, a bridge, culvert in excess of 24 inches or sewer facilities or drainage facilities.
18. Street:
  Includes streets, roads, avenues, lanes or other trafficways between right-of-way lines.
19. Street Width:
  The width of the right-of-way, measured at right angles to the centerline of the street.
20. Submission Date:
  For purposes of these Regulations, the submission date shall be the first regularly scheduled Planning Board meeting after receipt by the Planning Board of a sketch plan, preliminary plat or final plat.
21. Surveyor:
  A person licensed as a land surveyor by the State of New York.

GENERAL REQUIREMENTS

GENERAL REQUIREMENTS:

Adherence to Procedures:
1. 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 a permit for the erection of a structure in such proposed subdivision shall be granted, the Applicant or his/her duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the procedures established in this Article.
Preparation of Preliminary and Final Plats by NYS Licensed Professionals:
1. All Preliminary and Final Plats submitted to the Planning Board shall be prepared and stamped by a New York State licensed professional engineer or surveyor. Any plat drawings that have not been prepared by a licensed professional engineer or surveyor shall be returned to the Applicant.
2. The scale on all plats shall not be less than one (1) inch equals 100 feet.
Lot Line Amendments:
1. An applicant may request that the subdivision review process be waived and that a proposed property transaction be considered a lot line amendment if the transaction meets the following criteria:
  1. It would not create an additional lot.
  2. It involves a minor modification of an existing lot line; or is the conveyance and/or merger of a portion of one parcel to an adjoining parcel.
  3. It would not create a nonconforming parcel or cause any other parcel to become nonconforming under this Law or the New York State Adirondack Park Agency Act and Adirondack Park Land Use and Development Plan.
  4. It would comply with all applicable zoning requirements of this Law and applicable New York State Department of Health regulations pertaining to well and septic system distances from parcel boundaries.
  5. Has received a non-jurisdictional determination from the Adirondack Park Agency.
2. To request a lot line amendment, the applicant shall submit to the Code Enforcement Officer:
  1. A letter signed by the parcel owners, or their duly authorized agents, of both affected parcels consenting to the lot line amendment.
  2. A plat or map of the parcels affected by the proposed lot line amendment showing:
    1. All existing buildings, utilities or other easements or rights-of way of wells and of septic systems.
    2. The correct lot lines and the location of the proposed new lot line, along with the existing and new setback distances to any existing buildings, wells and septic systems.
    3. The title “LOT LINE AMENDMENT between properties of (name) and (name)”, and shall include a restriction to the effect that the land added to the existing parcel, and the existing parcel are combined to form a single, undivided lot.
3. Upon submission of the letter and map/plat, the Planning Board shall, within 62 days, review the request and issue its approval or denial. Approval may be granted when the Planning Board determines that the proposed amendment:
  1. Meets all requirements for a Lot Line Amendment.
  2. Would not adversely affect the site’s development or neighboring properties.
  3. Would not alter the essential characteristics of the neighborhood or adversely affect the health, safety or welfare of Town residents.
4. No public hearing shall be required on requests for lot line amendments.
5. All approved lot line amendments shall be filed by the Applicant:
  1. With the Fulton County Clerk within thirty (30) days of the approval date. The map shall be signed by the Chairperson of the Planning Board.
  2. Town Clerk.
6. No person shall file plat or map for any lot line amendment with the County Clerk without first obtaining the Planning Board Chairperson’s signature on the plans.
7. If the Planning Board denies the request for a lot line amendment waiver, the applicant may proceed with the review procedures for a Minor Subdivision as set forth in Section V.

REVIEW OF MINOR SUBDIVISIONS

REVIEW OF MINOR SUBDIVISIONS:

Application Requirements:
1. To obtain approval of a Minor Subdivision, the Applicant shall have prepared a Preliminary Plat.
2. In order to have a Preliminary Plat for a minor subdivision application reviewed by the Planning Board, the applicant or his/her duly authorized agent must submit ten (10) copies of the preliminary plat to the Code Enforcement Office at least seven (7) days in advance of a regularly-scheduled monthly Planning Board meeting.
3. The Preliminary Plat must include the following information:
  1. An actual field survey of the boundary lines of the tract giving complete descriptive data by bearings and distances showing 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. The proposed subdivision name and the name of the Town and County in which it is located must be identified along with the date, north arrow, map scale, name and address of record owner and subdivider.
  3. All existing structures, wooded areas, streams and other significant physical features within the portion to be subdivided and within 200 feet thereof. If topographic conditions are significant, contours shall also be indicated at intervals of not more than five (5) feet.
  4. The name of the owner(s) and all adjoining property owners as disclosed by the most recent municipal tax records.
  5. The tax map sheet, block and lot number, if available.
  6. All available utilities and all existing streets.
  7. The proposed pattern of lots including lot width and depth, street layout, recreation areas, systems of drainage, sewer and water supply within the subdivided area.
  8. All existing restrictions on the use of land including easements, covenants, and zoning lines. A copy of such covenants or deed restrictions that are intended to cover all or part of the tract shall be included.
  9. A Short Environmental Assessment Form with Part I completed by the applicant. The Planning Board may require a Full Environmental Assessment Form if circumstances are warranted.
4. The Planning Board reserves the right to waive any of the above-mentioned requirements where appropriate.
5. Following its review of the Preliminary Plat for a minor subdivision, the Planning Board shall cause a letter to be forwarded to the applicant or his or her duly authorized representative advising:
  1. The additional information or changes the Planning Board wishes to see on the plat before it is submitted to the Planning Board as a final plat.
  2. The Preliminary Plat is acceptable and can be submitted as the Final Plat.
Public Hearing:
1. Within 62 days from the time the Planning Board determines that a Preliminary Plat can be considered a Final Plat, it shall hold a public hearing on the application. Said hearing shall be advertised in a newspaper of general circulation in the Town at least five (5) days before such hearing.
Decision:
1. The Planning Board shall, within 62 days from the date the public hearing is closed, approve, conditionally approve with or without modification or disapprove an Application for a Minor Subdivision. 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 frame shall constitute approval of the Final Plat. If the Planning Board approves the Final Plat, the Applicant or his or her duly authorized representative shall be notified in writing of the decision.
2. If the Planning Board approves the Final Plat, the Planning Board Chairman is authorized and empowered to sign the Final Plat.
3. In the event of a conditional approval, with or without modification, the Planning Board Chairperson is authorized and empowered to sign the Final Plat upon compliance with such conditions and requirements as may be stated in its conditional approval of the Final Plat. Within five (5) days of the granting of a conditional approval, a letter shall be forwarded to the applicant or his or her duly authorized representative outlining the conditions that must be met in order for the Planning Board Chairperson to sign the Final Plat.
4. Conditional approval of a Final Plat shall expire 180 days after the date of the conditional approval unless the requirements have been certified as complete within that timeframe. The Planning Board may, however, extend the time within which a conditionally approved Final Plat may be submitted for signature if, in its opinion, such extension is warranted under the circumstances for two (2) additional ninety (90) day periods each.
5. In the event that the Planning Board disapproves a Final Plat, the Applicant or his or her duly authorized representative shall be notified in writing of the reasons for such disapproval.
Final Plat void if revised after approval:
1. No changes, erasures, modifications or revisions shall be made to any Final Plat after approval has been given by the Planning Board.
2. In the event that a Final Plat when recorded contains any such changes, the Final Plat shall be considered null and void and the Planning Board shall institute proceedings to have said plat stricken from the record of the County Clerk.
Filing of Approved Final Plat:
1. Approval of an approved Final Plat shall expire within sixty-two (62) days from the date of such approval unless, within such sixty-two (62) day period, the Final Plat shall have been duly recorded by the Applicant in the office of the Fulton County Clerk.
2. If the Final Plat is not filed within this period, the approval shall expire as provided for in Section 276 of Town Law.

REVIEW OF MAJOR SUBDIVISIONS

REVIEW OF MAJOR SUBDIVISIONS:

Submittal Requirements:
1. To obtain approval of a major subdivision, the Applicant shall have prepared a Preliminary Plat.
2. An Applicant shall submit ten (10) copies of the Preliminary Plat together with a completed Full EAF Form and such other documents and information as specified below, to the Code Enforcement Office at least one (1) week prior to a regularly scheduled Planning Board meeting.
3. The Preliminary Plat submission shall include the following information:
  1. An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances and the proposed subdivision name; with the Town of Caroga and Fulton County clearly noted; a true North arrow; scale; the name and address of the record owner, the subdivider’s engineer or surveyor, including his/her license number and seal.
  2. The plat must be clearly marked “Preliminary Plat” and drawn to a scale not less than 100 feet to the inch showing the proposed lot lines and dimensions of each lot.
  3. A summary table listing the number of lots proposed to be created, the size of each lot, the total acreage of the parcel, the linear feet of streets and acreage devoted to streets and any other right of ways, and the acreage devoted to parks, recreational areas and/or open space areas.
  4. The name of all owners of record of all adjacent properties.
  5. The Zoning District, including the exact boundary lines of the district if more than one (1) district is involved and any proposed changes in the zoning district lines and/or the Zoning Law text that is applicable to the area to be subdivided.
  6. All parcels of land proposed to be dedicated to public use and the conditions of such dedication.
  7. The location of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, wooded areas, and other significant existing features, for the property to be subdivided and all adjacent properties.
  8. The location of existing septic systems, wells, culverts and drains on the property and adjacent parcels with pipe sizes, grades and direction of flow and, where applicable, the location and size of existing sewers and water mains.
  9. Contours at intervals of five (5) feet or less must be shown, including elevations of existing roads; the approximate grading plan for the site if natural contours are to be changed by more than two (2) feet.
  10. The width and location of all existing and proposed new streets or public ways within the area to be subdivided, and the width, location, grades and street profiles for all streets or public ways proposed by the applicant. The Preliminary Plat shall identify any proposed new street the Applicant desires to have the Town of Caroga take over ownership of.
  11. The approximate location of septic systems and wells for each of the parcels or, if applicable, the approximate location and size of any proposed water lines, valves, hydrants and sewer lines.
  12. The location of all utilities.
  13. A Stormwater Drainage Plan for the site.
  14. Plans and cross sections showing, where applicable, 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 subbase to show conformity with current Town of Caroga road specifications, bridges, culverts, manholes, basins and underground conduits.
4. The applicant or his/her duly-authorized representative must attend a meeting of the Planning Board to discuss the Preliminary Plat.
5. The Planning Board shall examine the Preliminary Plat with the applicant, taking into consideration the arrangement and location of lots, the location and width of streets, the topography of the land, water supply, sewage disposal, drainage, lot sizes, the future development potential of adjoining lands as yet undeveloped and the goals and objectives outlined in the Town’s Comprehensive Plan, the requirements of this law and the Town’s Zoning Law, as well as Sections 276 and 277 of the Town Law.
State Environmental Quality Review Act (SEQRA) Coordination:
1. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA).
2. A Preliminary Plat submittal shall not be considered complete until a Negative Declaration has been filed or until a Notice of Completion of a Draft Environmental Impact Statement has been filed in accordance with the provisions of the State Environmental Quality Review Act.
3. The time period for review of a Preliminary Plat shall begin upon filing of such Negative Declaration or such Notice of Completion.
Public Hearing:
1. The Planning Board shall schedule and hold a public hearing on the Preliminary Plat within sixty-two (62) days after the Preliminary Plat is determined to be complete by the Planning Board.
2. The public hearing shall be advertised in the Town’s official newspaper at least five (5) days before such hearing. The Town shall mail a copy of the public hearing notice, by certified mail, to all owners of property which abuts or is adjacent to or situated across an established road from the proposed boundary lines of the property, which is the subject of the hearing and shall also provide notice to such other persons as the Chairperson of the Planning Board may direct.
3. In accordance with Section 239-nn of the General Municipal Law, the Town Clerk shall also send a notice to the clerk of an adjacent municipality for any Preliminary Plat which is located within 500 feet of a municipal border. This notice must be given at least ten (10) days prior to the public hearing.
Decision on Preliminary Plat:
1. The Planning Board shall approve with or without modifications, or disapprove such Preliminary Plat within sixty-two (62) days of the close of the public hearing.
2. The grounds for any modification that is required or the grounds for disapproval shall be stated in the records of the Planning Board.
3. Failure of the Planning Board to act within such sixty-two (62) day period shall constitute approval of the Preliminary Plat.
4. A Preliminary Plat that is approved with modifications shall not be considered an approved Final 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 Final Plat, which will be submitted for approval of the Planning Board for recording upon fulfillment of the requirements of these regulations and the conditions of the approval with modifications, if any.
5. As part of its review of the Preliminary Plat, the Planning Board may require additional changes as a result of further studies of the subdivision in final form or as a result of new information obtained during or after the public hearing.
Submission of Final Plat:
1. Within six (6) months from the date the Planning Board approves with or without modifications, the Preliminary Plat, the Applicant must submit the Final Plat to the Planning Board. If the applicant fails to submit a Final Plat within six (6) months, approval of the Preliminary Plat may be revoked by the Planning Board.
2. The Applicant shall be required to submit ten (10) copies of the Final Plat with supporting material to the Code Enforcement Office at least one (1) week prior to a regularly scheduled Planning Board meeting.
3. The Final Plat submission must include the following information:
  1. The plat must be clearly marked “Final Plat” and drawn to a scale not less than 100 feet to the inch showing all of the information and detail required to be shown on the preliminary plat and any modifications required by the Planning Board during the review of the preliminary plat.
  2. A final summary table listing the number of lots proposed to be created, the size of each lot, the total acreage of the parcel, the linear feet of streets and acreage devoted to streets and any other right-of-ways and the acreage devoted to parks, recreation areas and/or open space areas.
  3. A grading, drainage, and/or erosion control plan as required by the Planning Board.
  4. A final landscaping plan and planting schedule.
  5. The final design of all proposed on-site septic and water supply facilities as approved and endorsed by the NYS Department of Health.
  6. Final construction detail sheets which show the following information:
    1. Plans and street profiles of the location and a typical section and cross section of street pavements, including shoulders, curbs, drainage facilities, culverts, proposed bridges, if any, and such other facilities as may be applicable.
    2. Where steep slopes exist, two (2) foot contour lines shall be delineated in all proposed right-of-ways and any areas of proposed grading within fifty (50) feet of the centerline of all streets.
    3. Final designs of any bridges, culverts or other such structures.
  7. An offer of cession in a form approved by the Planning Board and the Town Attorney of all land included in public right-of-ways, easements and streets not specifically reserved by the applicant.
  8. Letters of recommendations or approvals with respect to the adequacy of the proposed water supply, septic systems and stormwater management system as required by the public health law, NYS Department of Health and/or the Department of Environmental Conservation of New York State.
  9. Deed, easement or other required descriptions and proof of ownership and title insurance of any lands to be ceded to the Town at no cost or expense to the Town.
  10. Protective covenants and restrictions in proper form for recording if applicable.
  11. Any other information required by the Planning Board during its review of the preliminary plat.
4. The Planning Board reserves the right to waive any of the above-mentioned Final Plat submission requirements as it deems appropriate.
Final Plat in Substantial Agreement with Approved Preliminary Plat:
1. When the Planning Board determines that a submitted Final Plat does not have significant changes, and is in substantial agreement with a Preliminary Plat approved pursuant to this Article, the Planning Board shall, by resolution, conditionally approve, with or without modifications, disapprove or grant final approval and authorize the signing of the Final Plat within sixty-two (62) days of its receipt by the Board.
2. Upon notification of final approval or conditional approval, with modification, the applicant shall submit at least four (4) copies of the Final Plat to the Town Code Enforcement Office as so approved for purposes of signing and filing.
Final Plat not in Substantial Agreement with Approved Preliminary Plat:
1. If the Planning Board determines that a submitted Final Plat is not in substantial agreement with the approved Preliminary Plat, the Planning Board may either:
  1. Issue a new determination of significance.
  2. Require a Draft or Supplemental Environmental Impact Statement, whichever may be appropriate under the circumstances of the SEQR process that was originally conducted on the subdivision proposal.
2. If the Planning Board determines that no further SEQR action is necessary, the Planning Board shall schedule and hold a public hearing within sixty-two (62) days of its receipt of the Final Plat.
3. When the Planning Board or other Lead Agency feels that the original SEQR process needs to be revisited, the requirements for holding a public hearing and issuing a decision on the Final Plat will be governed by the provisions of Section 276 of the Town Law of New York State.
4. Within five (5) business days of the Planning Board’s decision on a Final Plat, the applicant or his/her duly-authorized representative will be notified in writing of the Board’s decision.
5. If a conditional approval of the Final Plat is issued by the Planning Board, the letter shall outline the conditions that must be met in order for the Planning Board Chairperson to sign the final plat. A conditional approval of the Final Plat shall expire 180 days after the date of the conditional approval unless the requirements have been certified as complete within that timeframe.
6. The Planning Board may, however, extend the time within which a conditionally-approved Final Plat may be submitted for signature if, in its opinion, such extension is warranted under the circumstances for two (2) additional ninety (90) day periods each. Failure of the Planning Board to act within such sixty-two (62) day period shall constitute approval of the Final Plat.
Final Plat Void if Revised after Approval:
1. No changes, erasures, modifications or revisions shall be made to a Final Plat after approval has been given by the Planning Board.
2. In the event that any plat when recorded contains any such changes, the Final Plat shall be considered null and void and the Planning Board shall institute proceedings to have said Final Plat stricken from the record of the County Clerk.
Filing of Approved Plat:
1. Approval of the Final Plat shall expire within sixty-two (62) days from the date of such approval unless within such sixty-two (62) day period the plat shall have been duly recorded by the Applicant with the Fulton County Clerk.
2. If the Final Plat is not filed within this period, the approval shall expire as provided for in Section 276 of the New York State Town Law.
General Requirements and Design Standards for Major Subdivisions:
1. Improvements and Performance Bond (optional).
  1. The Planning Board may require an Applicant to file with the Town Clerk either a certified check to cover the full cost of the required improvements or 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, further, shall be satisfactory to the Town Board and Town Attorney 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.
2. The Applicant shall complete all required improvements to the satisfaction of the Code Enforcement Officer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Planning Board. For any required improvements not so completed, the Applicant shall file with the Town Clerk a bond or certified check covering the costs of such improvements and the cost of satisfactorily installing any improvement not approved by the Town Code Enforcement Officer. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety.
3. The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Code Enforcement Officer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments, marking all underground utilities as actually installed. If the Applicant provides a bond or certified check for all required improvements, such bond or check shall not be released until such a map is submitted.
4. Modification of design of improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Code Enforcement Officer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Code Enforcement Officer 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 Code Enforcement Officer shall issue any authorization under this subsection in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
5. Inspection prior to construction. At least five (5) days prior to commencing construction of required improvements, the Applicant shall notify the Code Enforcement Officer in writing of the time when he proposes to commence construction of such improvements so that the Code Enforcement Officer may cause inspection to be made to assure that all Town of Caroga 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.
6. Proper installation of improvements. If the Code Enforcement Officer shall find, upon inspection of the improvements performed before the 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 Applicant, the Code Enforcement Officer shall so report to the Town Board and Planning Board. The Town Board then shall notify the subdivider and take all necessary steps to preserve the Town’s rights under the bond. No plat shall be approved by the Planning Board as long as the Applicant is in default on a previously approved plat.
Streets:
1. Public acceptance of streets.
  1. The approval by the Planning Board of a Final 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 Final Plat.
2. Width, location and construction.
  1. Streets shall be of sufficient width, suitably located and adequately constructed to conform to the Town Comprehensive Plan and to accommodate the prospective traffic and afford access for fire-fighting, snow removal and other road maintenance equipment.
  2. 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.
3. Arrangement.
  1. 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.
4. Provision for future resubdivision.
  1. Where a tract is subdivided into lots substantially larger than the minimum size required in a zoning district in which a subdivision is located, the Planning 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.
5. Dead-end streets.
  1. The creation of dead-end or loop residential streets may be allowed if the Planning Board finds that such type of development will not interfere with normal traffic circulation in the area.
  2. In the case of dead-end streets, where needed or desirable, the Board may require the reservation of a twenty-foot (20 foot) wide easement to provide for continuation of pedestrian traffic and utilities to the next street.
  3. A turnaround shall be provided at the end of a dead end street for emergency vehicles.
6. Relation to topography.
  1. The street plan 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.
  2. Grades of streets shall conform as closely as possible to the original topography.
7. Emergency Vehicle Access.
  1. Driveways shall facilitate passage of fire apparatus.
  2. Bridges and other supporting structures, shall be constructed to support fire apparatus in all weather conditions.
  3. When a proposed structure is located more than 300 feet from a fire apparatus access road or Public Street, driveways shall be provided at a width of 12 feet and a minimum unobstructed height of 13 feet, 6 inches.
  4. If it is in excess of 500 feet in length, the overall width shall be increased to a minimum of 20 feet.
  5. Turnouts shall be placed at intervals not to exceed 500 feet along the driveway and a turnaround shall be provided suitable for use by the corresponding fire department.
8. Widths of rights-of way.
  1. Streets shall have the following widths. When not indicated on the Comprehensive Plan, the classification of streets shall be determined by the Planning Board.
    Street Classification
    Minimum Right of Way (feet)
    Minimum Pavement Width (feet)
    Major
    66
    24
    Collector
    60
    20
    Local
    50
    18
9. Improvements.
  1. Streets shall be graded and improved with pavements, gutters, storm drainage facilities and signage.
  2. Street trees, fire hydrants, and sidewalks may also be required and, when available, water mains and sewer lines may also be required by the Planning Board.
10. Utilities in streets.
  1. The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street right-of-way to simplify location and repair of lines when they require attention.
  2. 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.
11. Utility easements.
  1. Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least 20 feet in width shall be otherwise provided with satisfactory access to the street.
  2. 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.
12. Grades.
  1. Grades of all streets shall conform in general to the terrain and not be more than 6% for major collector street or 10% for minor streets in residential zones, but in no case more than 3% within 50 feet of any intersection.
13. Changes in grade.
  1. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Town Highway Superintendent so that clear visibility shall be provided for a safe distance.
14. Curve radii at street intersections.
  1. All street right-of-way lines at intersections shall be rounded by curves or at least 20 feet radius.
15. Steep grades and curves: visibility at intersections.
  1. A combination of steep grades and curves shall be avoided.
  2. 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) 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.
16. Dead-end streets (cul-de-sac).
  1. Where dead-end streets are allowed by the Planning Board, they should, in general, terminate in a circular turnaround having a minimum right-of-way radius of 60 feet and pavement radius of 50 feet.
  2. At the end of temporary dead-end streets, a temporary turnaround with a pavement radius of 50 feet shall be provided, unless the Planning Board approves an alternate arrangement.
17. Watercourses.
  1. 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 Highway Superintendent.
18. Type of name.
  1. 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.
19. Names to be substantially different.
  1. Proposed street names 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 degrees (90º) without a change in street name.
Lots:
1. Lots to be buildable.
  1. 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.
  2. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
2. Corner lots.
  1. 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.
3. Access from private streets.
  1. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with these regulations.
4. Lots subject to flooding.
  1. Lots subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted 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.
Parks, Open Spaces and Natural Features:
1. Before the Planning Board may approve a Final Plat containing residential units, such Final Plat shall also show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes.
2. Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the town based on projected population growth to which the particular subdivision plat will contribute.
3. In the event the Planning Board makes a finding pursuant to paragraph (2) above that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provision of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
Cluster Development: (Optional)
1. Whereas pursuant to a resolution of the Town Board, the Planning Board has been empowered to modify the minimum lot area, minimum lot width and minimum shoreline lot width requirements of the zoning ordinance in accordance with the provisions of Section 278 of the Town Law of New York State, in order to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the standards and procedures:
  1. Standards
    1. The Planning Board may make such modifications only with respect to lands within all Residential zoning districts.
    2. The minimum acreage to which this section may be applicable shall be two (2) times the minimum lot area for the zoning district involved.
    3. No such modification by the Planning Board shall result in a greater overall density of lots or dwelling units or a greater number of shoreline lots or sites than is permitted in the zoning district wherein such lands lie, as specified in the zoning ordinance and as shown on the official zoning map.
    4. No subdivision shall be approved by the Planning Board pursuant to this section which shall not reasonably safeguard the appropriate use of adjoining land.
    5. In the event that the utilization of this section results in a plat showing lands available for park, recreation, or other municipal purposes directly related to the plat, or in a plat showing lands to be retained in open space in order to comply with the average density of lots or dwelling units that is permitted in the zoning district wherein such lands lie, the Planning Board, as a condition of plat approval, may establish in the case of lands for park, recreation or other municipal purpose, such conditions on the ownership, use, and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes, and may further, in the case of lands to be retained in open restrictive covenant, conveyance of a scenic easement or other conservation restriction to the Town, or other appropriate means against any development or land use inconsistent with their retention in open space.
    6. The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in the zoning ordinance.

REGIONAL SUBDIVISIONS — CLASS A AND CLASS B PROJECT REVIEW

REGIONAL SUBDIVISIONS — CLASS A AND CLASS B PROJECT REVIEW:

When a proposed subdivision is a regional subdivision, the provisions of this Article shall apply in addition to all other provisions of these regulations.
1. Class A — Subdivisions:
  1. The Adirondack Park Agency shall not approve a Class A regional project unless it first determines, after seeking consultation with the Planning Board and upon consideration of any advisory recommendations of the Planning Board relative to the project, that the project would comply with the Town local land use program. The Agency will accept and adopt as its own findings any recommendations made by the Planning Board as to compliance with the dimensional and other technical requirements of the local land use program, unless such recommendation are inconsistent with the express terms of the Town local land use program.
  2. The Planning Board shall consult with the Adirondack Park Agency to analyze the project, as soon as possible, upon receipt of project application completion notice from Agency.
  3. Within thirty (30) days of project completion notice, the Planning Board, via certified mail, shall provide the Adirondack Park Agency with its advisory recommendations regarding pertinent requirements and conditions of the Town Land Use Program.
  4. The Adirondack Park Agency shall not approve Class A regional subdivisions without Planning Board consultations and advisory recommendations subject to (b) above. The Adirondack Park Agency shall determine that the subdivision meets all pertinent requirements and conditions of Town’s Land use Program, including ability of all levels of government to provide supporting facilities and services.
  5. The Planning Board may establish whatever joint procedures with the Adirondack Park Agency for review of Class A Subdivisions which the Board in its discretion deems desirable to minimize duplication and expedite the review process.
2. Class B — Subdivisions:
  1. Upon receipt of an Application for a Class B Regional Project, a copy of the application shall be forwarded to the APA per Section 808(2) of the Act and Section of 582.7 of the APA’s regulations.
  2. The Planning Board shall furnish the Adirondack Park Agency a complete copy of application and Plat and other pertinent data within ten (10) days of the official Plat submission.
  3. A public hearing notice shall be sent to the Park Agency at least five (5) days prior to hearing.
  4. The Planning Board shall not approve, approve with modifications, or approve with conditions any Class B Subdivision unless Planning Board determines that the subdivision would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Town or the Adirondack Park or upon the ability of the public to provide supporting facilities and services to the subdivision, taking into account the commercial, industrial, recreational or the other benefits which might be derived from the subdivision.
  5. In making the determination required by the preceding paragraph, the Planning Board shall consider the pertinent Development Considerations established in Section 805(4) of Article 27 of the Executive Law.

Street Classification	Minimum Right of Way (feet)	Minimum Pavement Width (feet)
Major	66	24
Collector	60	20
Local	50	18