Owasco Town City Zoning Code
ARTICLE XVIII
Subdivision Regulations
§ 150-117 Authority, purpose, and intent.
Approval of plats. By the authority of New York State Town Law, Article 16 § 276, § 277, § 278, and § 279 the Town of Owasco 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 Clerk of the County, to approve preliminary plats within the code enforcement of the Town of Owasco, and to approve cluster development simultaneously with the approval of a plat or plats and to modify area requirements specified in Article XIII, Dimensional Requirements.
Authority to require a reservation of land or a fee for recreational use. The Planning Board is further authorized simultaneously with the approval of plats to require the applicant to pay a fee for recreational development or reserve open space for parks, playgrounds, or other recreational purposes in lieu of a monetary payment in accord with the provisions of § 150-124.
The purpose of considering land subdivision plats is to establish a process to ensure orderly, efficient, and economical development of the Town of Owasco. This chapter intends to:
Protect and provide for the public health, safety, and general welfare.
Guide future growth and development in accordance with established standards and sound planning principles.
Secure safety from fire, flood, and other danger and to prevent overcrowding of the land and undue congestion of population.
Protect and conserve the value of land, buildings, and improvements and to minimize conflicts among the uses of land and buildings.
Guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities.
Provide the most beneficial relationship between land and buildings and the circulation of traffic, having particular regard to the avoidance of congestion in streets, highways, and pedestrian traffic.
Establish design standards and procedures for subdivisions and re-subdivisions and to ensure proper legal descriptions and monumenting of subdivided land.
§ 150-118 Definitions.
See "street."
Any person, developer, firm, corporation, partnership, or association that shall propose any subdivision, or part thereof, as defined herein, either personally or on behalf of ownership, lessee, or building development, and shall include re-subdivision. Proof of agency shall be required from the legal owner of the land proposed to be subdivided.
A person licensed as an architect by the State of New York.
A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, waterways, or boundary lines of other municipalities.
The Cayuga County Department of Health.
Any form of security, including a cash deposit, surety bond, collateral, property, or letter of credit, in an amount and form satisfactory to the Town Attorney. All forms of security shall be approved by the Town Board wherever a bond is required by this article.
An authorization issued by the Code Enforcement Officer to commence work on a structure in accordance with approved plats and specifications and in compliance with the Codes of New York.
A document issued by the Town which certifies that all site improvements have been completed in compliance with plans approved by the Town Board of Owasco or Planning Board.
A document issued by the Town which certifies that a structure is habitable.
The determination of type of review necessary for a subdivision proposal made by the Code Enforcement Officer and Planning Board Chair after a pre-classification conference and review of a sketch plan. Classification may be either lot line adjustment/simple subdivision review, minor subdivision review, or major subdivision review as required by the specifications of this article.
A subdivision plat or plats approved pursuant to § 278 of the New York State Town Law whereby the Planning Board is authorized to modify certain provisions of Article XIII, Dimensional Requirements, of this chapter to provide an alternative method for the layout, configuration, and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open land. The Planning Board reserves the right to require clustering to protect environmentally sensitive areas or to preserve open space.
See "street."
See "plat."
The maps and/or drawings accompanying a subdivision plat or site plan and showing the specific location and design of improvements to be installed in the subdivision pursuant to the requirement of this article and in conformance with the Design and Construction Standards for Land Development in the Town of Owasco. (Note: The "Design and Construction Standards for Land Development in the Town of Owasco" are on file in the Town offices.)
An agent acting for the applicant to construct the required improvements of the project. The contractor is responsible to perform the work in conformance with these requirements subject to the approval of Town officials.
See "pedestrian access walkway."
See "street."
The deliberate unconditional appropriation of real property by its owner for the any general and public use, in accordance with the laws of the State of New York.
See "applicant."
See "lot."
A special district established or extended pursuant to the New York State Town Law for the purposes of constructing or maintaining stormwater drainage facilities.
The lands or easements required for the installation of stormwater sewers or drainage ditches as required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
A combination of natural watercourses and man-made facilities intended to convey stormwater runoff.
An access point serving no more than two lots and providing ingress and egress to a road or street. Mutually owned driveways must have reciprocal easement agreements and a common maintenance agreement.
The person or public official authorized to sign subdivision plats or site plans pursuant to this article. In the absence of any designated official, the duly designated officer shall be the Planning Board Chairperson.
Authorization granted by property owner for the use by another party of any designated part of their property for a specified purpose not inconsistent with the general rights of the property owner. See also "reciprocal easement agreement."
A person licensed as a professional engineer (P.E.) by the State of New York.
See "State Environmental Quality Review."
Land or land features critical to the maintenance of ecosystems.
See "plat."
See "plat."
See "lot."
The land in the floodplain that will be inundated by the flood event having a 1% of being equaled or exceeded in any given year.
The flood hazard area boundary or physical limits of a natural watercourse flowing at its 100-year frequency as defined by a responsible agency, such as the United States Army Corps of Engineers or the Federal Emergency Management Agency.
Any land area susceptible to being inundated by floodwaters from any source.
A contiguous community of trees sufficiently uniform in composition, structure, age, and condition and managed as a unit.
A plat showing all present and proposed grades for stormwater drainage and final site design.
Those physical additions and changes to the land that may be necessary to produce functional lots, including but not limited to grading, paving, curbing, fire hydrants, water mains, sanitary sewers and drains, sidewalks, pedestrian access walkways, and required plantings which may or may not be offered for dedication.
A single system of piping, tanks, or other facilities serving only a single lot and disposing of sewage or other liquid wastes into the soil of the lot.
An agent of the Town of Owasco empowered to inspect the progress of the project and compliance of the construction with the approved plats and specifications.
A letter taken out by the owner which guarantees the Town of Owasco that a specific amount of money will be kept available for the completion of construction of facilities to be dedicated. This security can be drawn on only by the Town of Owasco and guarantees that certain or all improvements will be made in accordance with the approved plats.
See "street."
Land identified by legal description or tax map parcel identification number which is filed or proposed to be filed in the County Clerk's office. A lot is considered to be a unit for transfer or a unit for development.
A parcel of land at the junction of and fronting on two or more intersecting streets.
An approved lot generally in the shape of a flag and flagpole which is comprised of the flagpole portion, a strip of land that abuts the public street, having less than the minimum required roadway frontage for lots in the zoning district in which it is located, and which provides access to the interior portion of the lot referred to as the "flag" which meets or exceeds the minimum lot size and area requirements for lots in such zoning district. The flagpole access portion of such lots shall not be considered buildable and shall not be used in calculating the lot size and area for the purpose of satisfying the minimum lot and area requirements of the district in which the lot is located.
A lot having at least two sides fronting on separate streets which do not intersect while adjoining the lot. Also referred to as a "through lot."
A lot with the rear lot line abutting an existing or proposed street. Lots in the Lakeshore Zoning District with frontage along Owasco Lake are considered Reverse-Frontage Lots as defined in this article.
 Figure 19-1: Lot Types |
See "street."
See "subdivision."
See "street."
See "subdivision."
A permanent reference marker set at points as may be required in this article.
A dwelling consisting of three or more separate living units.
The date on which a complete subdivision application is accepted and considered submitted to the Planning Board. A subdivision application shall not be considered complete until a negative declaration or notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a plat shall begin upon the filing of such negative declaration or such notice of completion, provided that all other required application documentation and information has been submitted to the Planning Board prior to the filing of such negative declaration or such notice of completion.
Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided or developed under this article. See also "applicant."
An area of land defined by a tax map parcel identification number or by metes and bounds.
A parcel of land as it existed on the effective date of this article.
A right-of-way, municipally or privately owned, at least 12 feet in width, which cuts across a block to furnish access for pedestrians to adjacent streets or properties.
A strip of land adjacent to an existing street right-of-way line used for any public purpose. The front lot line shall be considered to be coincident with the permanent highway easement boundary. Front setbacks and other necessary lot measurements shall be measured from the permanent highway easement line. Where there is no requirement for a permanent highway easement, the front lot line shall be considered coincident with the existing right-of-way, with front setbacks and any other necessary lot measurements being measured from the existing right-of-way line.
A metal reference marker set at points as may be required in this article.
A site plan or subdivision map that depicts the arrangement of buildings, roads, and other services for a development.
The approval by the Planning Board of a final plat subject to conditions set forth in a resolution. Such conditional approval does not qualify a final plat for recording in the office of the Cayuga County Clerk nor does it provide authorization for the issuance of building permits.
The signing of a plat in final form by the duly designated officer pursuant to a Planning Board resolution granting final approval to the plat and after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the office of the Cayuga County Clerk.
A subdivision map that depicts the arrangement of buildings, roads, lot lines, and other services for development.
A tentative subdivision plat clearly marked "preliminary subdivision plat," prepared in accordance with § 150-122C to G of this article. This plat shows, in greater detail than the sketch plan, features of the land, street and lot layout within and adjacent to the proposed subdivision, and includes preliminary design data of the Town of Owasco for related improvements.
An informal meeting between the Planning Board and a applicant to reach an understanding of the general design and layout of the proposed subdivision or site. Matters to be discussed include Town of Owasco policies and procedures on the subdivision of land, as set forth in this article, a timetable for review, general agreement concerning the project design, and on the statement of intent of the proposed subdivision.
See "plat."
See "street."
See "street."
See "street."
An agreement between two or more parties providing for the specified rights and obligations, including but not limited to access, ingress, and egress, of all identified parties. See also "easement."
A map or plat which provides information concerning the actual location of improvements as built.
See "subdivision."
See "lot."
Existing land owned by a nonpublic agency or organization and occupied or intended to be occupied by transmission mains, gas pipelines, rails, or other special use.
Existing land owned by public agencies for use as a street or other public purpose.
The required space between any street or highway line and the wall of the main structure, including any attachment thereto, with the exception only of cornices or entrance steps, as specified in Article XII, Dimensional Requirements.
See "plat."
A general term used to describe a right-of-way, publicly or privately owned, serving as a means of vehicular and pedestrian travel, furnishing space for public utilities, shade trees, and other improvements. The street provides a principal means of access to abutting property. Types of streets are defined in this article and are classified by function as follows: "alley," "collector street," "cul-de-sac," "driveway," "local street," "major street," "minor street," "parallel access street," "primary or major thoroughfare," "private drive," and "private street."
A strip of land over which there is a right-of-way, municipally or privately owned, serving as a secondary means of access to two or more nonresidential properties.
A dedicated street used to carry traffic from minor streets to primary or major streets, including the principal entrance street of a development and street for circulation within a development.
A minor street with one end open for vehicular traffic and pedestrian access and the other end terminating in a vehicular turnaround.
A dedicated minor street which has the dual purpose of providing limited access for traffic and access to individual properties. Local streets are not conducive or intended for through traffic.
A street designed for carrying heavy volumes of through traffic.
A street designed for a limited volume of traffic and intended to serve primarily as an access to abutting properties.
A dedicated major street intended as a route for traffic between other major streets, communities, shopping centers, or other such major attractors. Primary or major thoroughfares can usually serve to collect traffic from minor streets.
An undedicated access point serving three or four lots and providing ingress or egress to a street. Private drives must have reciprocal easements and a common maintenance agreement.
An undedicated thoroughfare used as ingress or egress for five to 10 lots with reciprocal easements and a common maintenance agreement.
 Figure 19-2: Street Hierarchy |
See "applicant."
These regulations recognize three types of subdivisions which are subject to three different review and approval procedures:
Revision of all or part of an existing filed plat including consolidation of lots or alteration of approved lot boundaries, but where no new lots are created and lot lines are only rearranged, and where the resulting dimensions of the parcels are in compliance with the requirements as specified in Article XIII, Dimensional Requirements. In these instances, normal subdivision procedures may be waived at the discretion of the Code Enforcement Officer. If normal subdivision procedures are not waived, the re-subdivision shall be deemed to be a major or minor subdivision as set forth in this article and subject to the procedures set forth herein.
Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots or any sized subdivision requiring a new street or extension of municipal facilities.
Any subdivision which contains each of the following:
Not more than four lots fronting on an existing street;
Does not include any new street;
Does not require the extension of municipal facilities;
Does not adversely affect adjacent properties; and
Is not in conflict with any provision of the Comprehensive Plan and Official Zoning Map of the Town of Owasco.
Any change to an existing plat.
A person licensed as a land surveyor by the State of New York.
The municipal governing board of the Town of Owasco.
The duly designated engineer for the Town of Owasco.
The duly appointed Town of Owasco Planning Board.
A deep hole or shaft dug or drilled in the ground to obtain potable water and bring it to the surface for an individual lot.
Freshwater wetlands, including lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs," and "flats," supporting aquatic and semiaquatic types of vegetation identified in Article 24 of the New York State Environmental Conservation Law and/or by the Army Corps of Engineers Federal Guidelines.
§ 150-119 General procedures.
Pre-application conference. A pre-application conference shall be required as the first step of any subdivision proposal. The applicant shall schedule a pre-application conference with the Code Enforcement Officer and Chairperson of the Planning Board for the purpose of classification. For this conference, the applicant shall submit a sketch plan of the proposed subdivision that provides sufficient detail to classify the action as one of the three types of subdivisions recognized in these regulations and which require three different review and approval procedures. In addition to classification, the pre-application conference shall also serve the following functions:
To review application requirements.
To identify any Environmental Overlay Protection Districts on the property or any potential environmentally sensitive areas.
To discuss preliminary design of the project.
To review the cluster development option, per the provisions of § 150-123 of this article and pursuant to § 278 of the New York State Town Law. The Planning Board reserves the right to require clustering to protect environmentally sensitive areas or to preserve open space.
To set a probable timetable for review.
To review Town policies and regulations concerning development.
Sketch plan. The sketch plan initially submitted to the Code Enforcement Officer at the pre-application conference shall be based on tax map information or on some other similarly accurate base map at a scale of one inch equals two hundred feet (1"=200'). A submitted sketch plan shall show the following information:
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.
All existing structures, wooded areas, streams, wetlands, flood hazard areas, 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 10 feet.
The tax map, block, and lot numbers of all lots shown on the plat.
The names of the owner(s) and of all adjoining property owners as disclosed by the current tax roll.
All the utilities available and all streets as they appear on the official map.
The proposed pattern of lots (with dimensions), street layout, recreation areas, systems of drainage, sewerage, and water supply within the subdivided area.
All existing restrictions on the use of land, including easements, covenants, and zoning district boundary lines.
Classification of subdivision. These regulations recognize three types of subdivisions, which are subject to three different reviews. The Code Enforcement Officer and Chairperson of the Planning Board shall review the sketch plan to determine the appropriate subdivision classification type:
Lot line adjustment: A one-meeting process that requires the review and approval of the Code Enforcement Officer.
Minor subdivision: A two-meeting process that requires the review and approval by the Planning Board and completion of an environmental review. The Planning Board may require a public hearing during the second step if considered desirable.
Major subdivision: A three-meeting process that requires review and approval by the Planning Board of both a preliminary subdivision plat and a final subdivision plat, and an environmental review. Major subdivision review require at least one public hearing.
Application.
Forms. All application forms are available from the Town Clerk.
Fees. All applications for subdivision approval shall be accompanied by a fee established by resolution of the Town Board of Owasco and may be amended from time to time by resolution of said Board. The application fee shall be used to cover part of the cost of the subdivision review process, including administrative costs such as public hearing notices, inspections, communications, etc.
Consultation and reimbursable costs. The Planning Board may choose at any point in a subdivision review process to request consultants for review, comment, and advice on any aspect of the approval process, subdivision design, engineering specification, or other pertinent matters. Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed subdivision or inspection of required improvements shall be charged to the applicant. Estimated fees shall be deposited into an escrow account when making application for preliminary subdivision approval. Such fees may include staff costs or consultant fees covering planning, engineering, environmental analysis, wetland delineation, legal review, and other technical services required for a proper and thorough professional review of the application. No permit shall be issued until costs have been paid. The Town of Owasco shall account for all such funds and shall promptly refund any unexpended funds within 20 business days of final action by the Planning Board.
§ 150-120 Lot line adjustment.
Upon determination by the Code Enforcement Officer that a proposed subdivision is to be treated as a lot line alteration, the Code Enforcement Officer shall act to approve; conditionally approve with modifications; disapprove; or grant final approval. In any event, final approval cannot be granted until an official survey map prepared by a surveyor licensed by New York State has been presented to the Code Enforcement Officer and such map indicates that all of the requirements of the Town of Owasco Zoning Law have been satisfied. Final approval of the lot line alteration by the Code Enforcement Officer shall be indicated by this officer's signature and date upon the final survey map.
§ 150-121 Minor subdivision review procedure.
Review of a minor subdivision plat is a two-step process consisting of a minor subdivision plat review and approval. A minor subdivision plat review shall include an environmental review in accordance with New York State SEQR requirements.
Environmental review. The environmental review is conducted to determine if the project, as proposed, would result in any significant adverse environmental impacts and to identify design modifications that would avoid or mitigate the potential adverse environmental impacts identified. Unless overriding circumstances exist, the Planning Board shall serve as the lead agency for conducting the environmental review on all subdivision proposals.
The Planning Board will review the minor subdivision plat taking into account staff reports, comments from the chosen engineer, and involved and interested agencies to which the plat was referred. The Planning Board then may refer the applicant to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.
Submission of application. Within six months after the pre-application conference and the classification of a sketch plan as a minor subdivision by the Code Enforcement Officer and Planning Board, the applicant shall submit an application for approval of a minor subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Code Enforcement Officer and Planning Board for reclassification. The minor subdivision plat shall conform to the layout shown on the sketch plan as well as incorporate any recommendations made during the pre-application conference. Applications shall be submitted to the Code Enforcement Officer at least two week in advance of the next regularly scheduled Planning Board meeting; and shall include:
A complete application form.
At least four copies of the minor subdivision plat.
Supplemental information as required, including SEQR documents.
The application fee established by resolution of the Town Board of Owasco and may be amended from time to time by resolution of the Town Board. The application fee shall be used to cover part of the cost of the subdivision review process, including administrative costs such as public hearing notices, inspections, communications, etc.
Requirements for minor subdivision plat review. A minor subdivision plat application shall include the following information:
A copy of such covenants or deed restrictions that are intended to cover all or part of the tract.
An actual field survey of the boundary lines of the tract, giving the complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corner of each tract shall also be located on the ground and marked with an approved pin, pipe, or monument and shall be referred to and shown on the plat.
The proposed lot lines with the approximate dimensions and area of each lot.
All on-site sanitation and water supply facilities (if any) shall be designed to meet the specifications of the Cayuga County Health Department; approval shall be stated on the plat and signed by an officer of the Cayuga County Health Department.
The proposed subdivision name (if any), and the names of the Town (Owasco) and County (Cayuga) in which it is located.
The date, a true-north arrow, the map scale, and the names, addresses, and phone numbers of all owners of record and the applicant.
The minor subdivision plat shall be a clear, legible reproduction that meets the standards for filing with the Cayuga County Clerk as prescribed by law.
Applicant to attend Planning Board meeting on minor subdivision plat. The applicant, or a duly authorized representative, shall attend the meeting of the Planning Board at which the subdivision plat is discussed.
Public hearing on minor subdivision plat. At the discretion of the Planning Board, it may be determined that a public hearing shall be required, to be held within 62 calendar days of the official date of submission of required materials. If no public hearing is required, the Planning Board shall have 62 calendar days from the date of submission to make its decision. When an applicant is notified of the public hearing date, the applicant shall be required to obtain signage, as provided by the Planning Board, and obtained from the Code Enforcement Officer. The applicant shall post this signage at the site, in such a manner as to be readily visible to the public from the nearest adjacent public road, at least 10 business days prior to the public hearing.
Action on minor subdivision plat.
The Planning Board shall, within 62 calendar days of the date of the public hearing or submission of required materials if no public hearing required, act to either conditionally approve, conditionally approve with modification, disapprove, or grant final approval to and authorize the signing of the final subdivision plat by the Planning Board Chair. This time may be extended by mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within such time, in the absence of a mutually agreed upon extension, shall constitute approval of the plat.
Upon granting conditional approval with or without modification to the plat, the Planning Board shall empower the Planning Board Chair to sign the plat upon compliance with such conditions and requirements as may be stated in the Planning Board's resolution of conditional approval.
Within five business days of the resolution granting conditional approval, the plat shall be certified by the Planning Board Chair as conditionally approved; a copy shall be filed in the Town Clerk's office; and a certified copy shall be mailed to the applicant. The copy mailed to the applicant shall include a certified statement of such requirements as, when completed, will authorize the signing of the conditionally approved plat.
Upon completion of the requirements in the resolution of approval, the plat shall be signed by the Planning Board Chair. Conditional approval of the plat shall expire 180 calendar days after the date of the resolution granting such approval. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances. Such extension is not to exceed two additional periods of 90 calendar days each.
§ 150-122 Major subdivision review procedure.
Review of a major subdivision plat is a three-step process consisting of a preliminary plat review and approval, a final subdivision plat review and approval, and an environmental review in accordance with New York State SEQR requirements.
Environmental review. The environmental review is conducted to determine if the project, as proposed, would result in any significant adverse environmental impacts and to identify design modifications that would avoid or mitigate the potential adverse environmental impacts identified. Unless overriding circumstances exist, the Planning Board shall serve as the lead agency for conducting the environmental review on all subdivision proposals.
The Planning Board will review the major subdivision preliminary plat taking into account staff reports, comments from the chosen engineer, and involved and interested agencies to which the plat was referred. The Planning Board then may refer the applicant to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.
Submission of an application. Within 12 months after the pre-application conference and the classification of a sketch plan as a major subdivision by the Code Enforcement Officer and the Planning Board, the applicant shall submit an application for approval of a major subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Code Enforcement Officer and Planning Board for reclassification. The major subdivision preliminary plat shall conform to the layout shown on the sketch plan as well as incorporate any recommendations made during the pre-application conference. The application shall also conform to the requirements listed in § 150-40C. Applications shall be submitted to the Code Enforcement Officer at least two weeks in advance of the next regularly scheduled Planning Board meeting; and shall include:
A complete application form, at least nine copies of the major subdivision plat printed full size, one copy of the major subdivision plat printed on 11"x17" paper, and a digital copy in .pdf format. The applicant may be required to submit additional copies of the application if the Planning Board determines that other officials, agencies, or consultants need to be informed about the project.
All copies of the preliminary plat shall be clearly marked with the words "Preliminary Subdivision Plat." The preliminary plat shall, in all respects, comply with the requirements set forth in the provision of the New York State Town Law Article 16, § 276, except where a waiver may be specifically authorized by the Planning Board.
All documents showing construction details of proposed improvements, any supporting materials or engineering reports, and a completed Environmental Assessment Form or, if required, a draft environmental impact statement.
The application fee established by resolution of the Town Board of Owasco and may be amended from time to time by resolution of the Town Board. The application fee shall be used to cover part of the cost of the subdivision review process, including administrative costs such as public hearing notices, inspections, communications, etc.
Requirements for major subdivision preliminary plat review. Major subdivision preliminary plat maps shall include the following information:
The proposed subdivision name; the names of the Town (Owasco) and County (Cayuga) in which it is located; the date; a true-north arrow; the map scale; and the names, addresses, and phone numbers of all owners of record, the applicant, and the architect, engineer, or surveyor including license number(s) and seal(s).
The names of the owners of record of all adjoining properties.
The Zoning District, including exact boundary of districts, where applicable.
All parcels of land proposed to be dedicated to public use and the condition of such dedication.
The locations of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, and wooded areas.
The locations of existing sewers, water mains, culverts, and drains on the property, with pipe sizes, grades, and direction of flow.
Contours with intervals of 10 feet or less as required by the Planning Board, including elevations on existing roads, and an approximate grading plan if natural contours are to be changed more than two feet.
The width and location of any streets or public ways or places shown on the Official Map of the Town of Owasco within the area to be subdivided, and the width, location, grades, and street profiles of all streets or public ways proposed by the developer.
The approximate location and size of all proposed water lines, valves, hydrants, sewer lines, and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in standards established by the Cayuga County Health Department. Profiles of all proposed water and sewer lines shall also be shown.
All requirements as specified in local laws of the Town of Owasco governing stormwater runoff; a stormwater management plan indicating the approximate location, construction, and size of swales; and proposed lines and their profiles.
Plans and cross-sections showing the proposed new location and types of sidewalks, street lighting standards, street trees, curbs, water mains, and storm drains, and the size and type thereof.
Preliminary designs of any bridges or culverts which may be required.
The proposed lot lines with the approximate dimensions and area of each lot.
Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet in width, and which shall provide satisfactory access to an existing public highway or other public open space shown on the subdivision or the Official Map.
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked with an approved pin or monument as approved by the Planning Board, and shall be referred to and shown on the plat.
If the application covers only a part of the applicant's holding, a map of the entire tract shall be submitted so that the part of the applicant's holding covered in the application can be considered in the light of the entire holding. This map shall be drawn at a scale of one inch equals two hundred feet (1" = 200') and shall show an outline of the platted area with its proposed streets, and an indication of any probable future street system with its grads and drainage in the remaining portion of the tract, and any probable future drainage layout of the entire tract.
A copy of any covenants or deed restrictions that are intended to cover all or part of the tract.
Applicant to attend Planning Board meeting. The applicant or a duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.
Study of major subdivision preliminary plat. The Planning Board shall study the practicability of a preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet un-subdivided, and the requirements of the Town of Owasco Comprehensive Plan, the Official Map, and zoning regulations.
Public hearing on major subdivision preliminary plat. Within 62 calendar days of the official date of submission of a preliminary plat, the Planning Board shall hold a public hearing. When an applicant is notified of the public hearing date, the applicant shall be required to obtain signage provided by the Planning Board by way of the Code Enforcement Officer and to post it at the site, in such a manner as to be readily visible to the public from the nearest adjacent public street, at least 10 business days prior to the public hearing.
Planning Board approval of preliminary plat.
Within 62 calendar days of the date of the public hearing, the Planning Board shall approve with or without modification, or disapprove the preliminary plat; and the grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by written mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within such time, in the absence of a mutually agreed upon extension, shall constitute approval of the preliminary plat.
Conditional approval of preliminary plat. When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to:
Modifications to the preliminary plat.
The character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, and welfare.
The required improvements or the amount of all bonds therefore which it will require as prerequisite to the approval of the final subdivision plat.
Effect of approval of preliminary plat. Approval of a preliminary plat shall not constitute approval of the final subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final subdivision plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. When approving a preliminary plat, the Planning Board shall state in writing the modifications, if any, it deems necessary for submission of the plat in final form. Within five business days of the approval of such preliminary plat, it shall be certified by the Planning Board Chair as having been granted preliminary approval and a copy shall be filed with the Town Clerk, a certified copy shall be mailed to the owner, and a copy shall be forwarded to the Town Board. Prior to approval of the final subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.
Major subdivision final plat application. This step provides for a refinement of information submitted in the preliminary plat review procedure through submission of additional information about site design and improvements. This information permits the Planning Board and the Code Enforcement Officer to make decisions concerning the appropriateness of the proposed major subdivision.
Important considerations may include but are not limited to:
Conditions of the preliminary plat approval.
Mitigating measures identified during the environmental review.
Offers of dedication of land for open space and recreation, or of new public roads.
Requirements of involved agencies.
Drainage considerations.
Phasing of the proposed project if applicable.
Surety for improvements.
Submission of application. Within six months after the approval of a preliminary plat, the applicant shall submit an application for approval of a final subdivision plat in final form. If the final subdivision plat is not submitted for approval within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final subdivision plat and required resubmission of the preliminary plat. Applications shall be submitted to the Code Enforcement Officer at least two weeks in advance of the next regularly scheduled Planning Board meeting and shall include:
A complete application form; at least nine copies of the final major subdivision plat printed full size; one original paper copy with original signatures and professional seals in ink of the final major subdivision plat printed full size; one copy of the final major subdivision plat printed on 11"x17" paper; the original and one copy of all offers of cession, covenants, and agreements; two copies printed full size of all construction drawings; and a digital copy in .pdf format of all materials listed above.
All copies of the final major subdivision plat shall be clearly marked with the words "Final Subdivision Plat."
The application fee established by resolution of the Town Board and may be amended from time to time by resolution of the Town Board. The application fee shall be used to cover part of the cost of the subdivision review process, including administrative costs such as public hearing notices, inspections, communications, etc.
Endorsement of state and county agencies. Applications for approval of plans for sewer and water facilities shall be filed by the applicant with all necessary Town, county, and state agencies. Endorsement and approval by said agencies shall be secured by the applicant prior to official submission of the final major subdivision plat for approval by the Planning Board.
Major subdivision required improvements. See § 150-124 for required improvements. Before the Planning Board grants final approval of a final major subdivision plat, the applicant shall follow the procedure set forth below:
Full cost check or bond. In an amount set by the Planning Board, the applicant shall either file with the Town Clerk a certified check to cover the full cost of the required improvements, or the applicant shall file with the Town Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of the New York State Town Law Article 6, § 277, 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 year, or such other period as the Planning Board may determine appropriate, not to exceed three years, shall be set forth in the bond as the time within which required improvements must be completed.
Check or bond for completion. 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. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety.
Public hearing and review of major subdivision final plat. Within 62 calendar days of the official date of submission of a final major subdivision plat in final form for approval, a public hearing shall be held by the Planning Board. This hearing shall be advertised at least once in the official newspaper of the Town of Owasco and at least 10 business days before the hearing. If, however, the Planning Board deems the final major subdivision plat to be in substantial agreement with the preliminary plat approved under § 150-122G hereof; or modified in accordance with the requirements of a conditional approval or approval with modifications, the Planning Board may waive the requirement for such a public hearing.
Action on major subdivision final plat.
Prescribed time for action. The Planning Board shall, within 62 calendar days of the date of the public hearing or submission of required materials if no public hearing required, act to either conditionally approve with or without modification, disapprove, or grant final approval to and authorize the signing of the final major subdivision plat by the Planning Board Chair. This time may be extended by mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within such time, in the absence of a mutually agreed upon extension, shall constitute approval of the plat.
Conditional approval. Upon resolution of conditional approval of a final major subdivision plat, the Planning Board shall empower the Planning Board Chair to sign the plat upon completion of such requirements as may be stated in the resolution. Within five business days of such resolution, the final major subdivision plat shall be certified by the Planning Board Chair as conditionally approved, and a copy filed in the Town Clerk's office, and a certified copy mailed to the applicant. The copy mailed to the applicant shall include a certified statement of such requirements as, when completed, will authorize the signing of the conditionally approved final major subdivision plat.
Within five business days of the resolution granting conditional approval, the plat shall be certified by the Planning Board Chair as conditionally approved; a copy shall be filed in the Town Clerk's office; and a certified copy shall be mailed to the applicant. The copy mailed to the applicant shall include a certified statement of such requirements as, when completed, will authorize the signing of the conditionally approved plat. The approved final major subdivision plat shall also be signed by the Cayuga County Health Department and the Cayuga County Real Property office before it may be recorded with the Cayuga County Clerk.
Prompt filing. Any final major subdivision plat that is not filed or recorded within 30 calendar days of the date upon which the final major subdivision plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.
Copies of the recorded final major subdivision plat submitted to the Town. The applicant shall provide the Town Clerk with three paper copies printed full size and a digital copy in .pdf format of the fully endorsed and recorded final major subdivision plat within 30 calendar days of approval and signature by the Planning Board Chair. If the required paper and digital copies of the recorded final major subdivision plat have not been submitted within the designated 30 calendar days, the Code Enforcement Officer will not review or issue a building permit until the Town has received the appropriate copies of the recorded final major subdivision plat.
Plat void if altered after approval. No changes, erasures, modifications, or revisions shall be made in a final major subdivision plat after approval has been granted by the Planning Board and endorsed in writing on the final major subdivision plat, unless such plat is first resubmitted to the Planning Board and approval of any modifications is granted. In the event that any such final major subdivision plat is recorded without complying with this requirement, it shall be considered null and void, and the Planning Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
Expiration of approval. Conditional approval of a final major subdivision plat shall expire 180 calendar days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board, however, may extend the time within which a conditionally approved final major subdivision plat may be submitted for signature, if in its opinion such extension is warranted by the circumstances. Such extension is not to exceed two additional periods of 90 calendar days each.
§ 150-123 Cluster development option and review procedure.
Purpose. The Town Board of Owasco finds that the topography and environmental sensitivities of certain parcels in the Town do not lend themselves to the conventional development as designated by the current zoning. Therefore, the purpose of this section is to enable and encourage flexibility of design in housing and the development of land in such a manner as to permit the most appropriate use of land, to preserve the natural, scenic, and ecological qualities of environmentally sensitive areas, and to provide larger areas for open space, both for recreation and for environmental conservation purposes pursuant to the provisions of § 278 of the New York State Town Law.
Objectives. Among the objectives which should be achieved through the use of clustered subdivision are the following:
The creative use of land so as to establish a more desirable living environment than would be possible through the strict application of certain Town zoning standards.
The preservation of surface water, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, outstanding natural topography, and glaciated features. Other areas to be preserved include areas of scenic and ecological value, including open spaces and other environmentally sensitive areas.
To prevent soil erosion, minimize negative environmental impacts, and control development in flood hazard areas.
To encourage innovation through flexibility in design and layout of residential housing consistent with the intent of this article by permitting housing units to be clustered without increasing overall site density.
To permit housing developments that reflect the legislative intent of § 278 of the New York State Town Law.
To create a housing development that is in harmony with the character of the area and the environmental sensitivities of the sites.
Statutory authority; applicability. In accordance with § 278 of the New York State Town Law, the Town Board of Owasco authorizes the Planning Board to approve cluster development simultaneously with the approval of a plat or plats in the Agricultural-Residential, Residential, and Lakeshore Zoning Districts of the Town of Owasco and to grant variations to the minimum lot size standards as stated in Article XIII of this chapter, concurrent with the approval of plats for cluster development subject to the conditions set forth in § 278 of the New York State Town Law. The Planning Board is also authorized, at its discretion, to require the applicant to submit an application for cluster development subject to criteria established by local law by the Town Board of Owasco whether or not the applicant makes application for a cluster development project.
Conditions.
A cluster development shall result in a permitted number of building lots or dwelling units (lot yield) which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the zoning regulations applicable to the district or districts in which such land is situated and conforming to all other applicable requirements; provided, however, that where the plat falls within two or more contiguous districts, the Planning Board may approve a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts, and may authorize actual construction to take place in all or any portion of one or more of such districts.
The allowed density and lot yield for a cluster development shall be established by Planning Board review and approval of a conventional subdivision plat, submitted by the applicant, and pursuant to the applicable procedures of this article.
The conventional subdivision plat shall depict a standard layout that is consistent with lot size and setback requirements pursuant to Article XIII of this chapter, and show all unbuildable areas including but not limited to roads, public utilities, parklands, and environmental constraints, including but not limited to, any land situated in a flood hazard area, having slopes in excess of 15%, officially designated freshwater wetlands, drainage control areas, or otherwise unsuitable for development.
As a condition of plat approval, the Planning Board may establish such conditions on the ownership, use, and maintenance of such open lands shown on the plat as it deems necessary to ensure the preservation of the natural and scenic qualities of such open lands. The Town Board of Owasco may require that such conditions shall be approved by the Town Board prior to the plat being approved for filing.
The plat showing the clustered development may include areas within which structures may be located, the heigh and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways, and any other features required by the Planning Board. The dwelling units permitted may, at the discretion of the Planning Board, be in detached, semi-attached, attached, or multistory structures.
Maintenance of open lands.
Intent. Because open spaces are an inherent part of clustered developments, the Town must take special measures for the protection and regulation of these areas and to provide for a system of their permanent maintenance.
Submission requirements. At the sketch plan stage, the developer shall submit a detailed proposal for maintenance of common lands and/or open spaces. The Planning Board may approve or approve with conditions any plans for maintenance of common areas and/or open spaces. Any conditions imposed for maintenance of common lands and/or open spaces shall become part of the conditions for final plat approval.
Dedication of lands. If the common lands and/or open spaces are to be offered for dedication to the Town, the Planning Board shall refer such offers and related details to the Town Board for the necessary action prior to final plat approval.
Property owners' association. If common lands and/or open spaces are not to be dedicated to the Town, the applicant must create a property owners' association and receive approval of the Office of the New York State Attorney General pursuant to state law.
Alternative means of maintenance of open lands. The following methods will be considered alternative means to maintain common lands and/or open spaces:
In the case of single ownership of the clustered development by a sole owner, partnership, corporation, or other legal means, deed restrictions protecting common lands and/or open spaces from further development may be submitted to the Town Attorney for review and to the Planning Board for acceptance.
Any alternative methods for protection and preservation of common lands and/or open spaces shall be submitted at the sketch plan stage to the Planning Board for review and approval. All alternative proposals shall be submitted to the Town Attorney for review and comment. The Planning Board may require any additional information it deems necessary to conduct an adequate review of the alternative proposals.
Review procedure. The review and approval process and information requirements for a clustered development shall be conducted pursuant to the major subdivision process procedures pursuant to § 150-122 of this article.
Notice and public hearing. The proposed clustered development shall be subject to review at a Public Hearing or hearings held pursuant to the requirements for major subdivision approval.
Filing of plat. Upon the filing of the plat in the Office of the Cayuga County Clerk, a copy shall be filed with the Town Clerk, who shall make appropriate notations and references thereto on the Town Zoning Map required to be maintained pursuant to § 264 of the New York State Town Law.
Effect. The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in this chapter or any local law applicable to such lands.
§ 150-124 Required improvements and design standards.
Purpose. Before the approval by the Planning Board of a plat showing lots, blocks, or sites, with or without streets or highways, or the approval of a plat already filed in the Office of the Cayuga County Clerk if the plat is entirely or partially undeveloped, the Planning Board shall be guided by the following principles and the standards set forth herein. These standards shall be considered minimum requirements and shall be waived by the Planning Board only under circumstances set forth in § 150-124L hereof. In addition, the following criterion shall be followed:
Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, erosion, drainage, or other menace to neighboring properties or the public health, safety, and welfare. Improvements are intended to preserve, to the greatest extent possible, the natural features of the land to make the subdivision an attractive and desirable place to live.
Character of the development. The Planning Board shall take into consideration the prospective character of the development, whether dense residential, open residential, business, or industrial.
Conformity with the town of owasco official map and comprehensive plan. Subdivisions shall conform to the Official Map of the Town of Owasco and shall be in harmony with the Town of Owasco Comprehensive Plan.
Provision of services. The improvements listed herein are necessary to ensure that all lots in subdivisions are adequately and properly served with utilities, sanitation facilities which provide for a healthy and safe environment, and other safeguards which ensure property is properly identified, and accessible to pedestrians and to vehicles.
Specifications for required road improvements. Specifications and consultation may be obtained from the Town Highway Superintendent.
Design and construction standards. All improvements shall be constructed or installed in conformance to specifications set forth in the Design and Construction Standards for Land Development in the Town of Owasco. (Note: The "Design and Construction Standards for Land Development in the Town of Owasco" are on file in the Town offices.)
Preservation of natural features. Wherever practical, natural features of the property being subdivided shall be preserved.
Trees. To the fullest extent practicable, all existing trees and shrubbery shall be preserved by the applicant and the subdivision should be designed with consideration being given to the preservation of natural features. Precautions shall be taken during the process of grading the lots and roads. Where any land other than that included in public rights-of-way is to be dedicated to the public use, the applicant shall not remove any trees from the site without written Planning Board approval.
Forest stands. Major subdivision applications that contain forest stands that encompass five or more contiguous acres shall submit a Tree Preservation Plan, prepared by a consulting forester or NYSDEC forester, that will retain at least 75% of the original forest stand measured by canopy square footage. The Tree Preservation Plan shall, at a minimum, include the following:
Limits of proposed clearing for rights-of-way, utility easements, building sites, access roads, and drainage areas.
Identification of which trees are to be removed and which trees are to be preserved.
Proposed grade changes in or around forest stands.
Method for providing positive drainage in any proposed tree wells or areas where drainage patterns will be modified.
A reforesting plan if the Tree Preservation Plan is unable to show retainage of 75% of the original forest stand.
Surface water. Where a subdivision is traversed by natural surface water, the boundaries and alignment of the body of water shall be preserved unless the Planning Board finds that a change would be ecologically sound and would enhance the development and beauty of the project. All proposed changes within the boundaries of bodies of water shall be designed and approved in accordance with Article 15 of the New York State Environmental Conservation Law.
Watercourse. Where a watercourse separates a proposed road 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 or an Engineer designated to the project by the Town. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Town Highway Superintendent or an Engineer designated to the project by the Town, which in no case shall be less than 20 feet in width.
Other features. Every effort shall be taken by the applicant in designing a project to preserve unique physical features, such as historic landmarks and sites, rock outcroppings, hilltop lookout, desirable natural contours, and similar natural features.
Utilities. These improvements are required to ensure that the property is adequately served by water, sewer, and drainage systems and by electric power and other fuel-distribution services. To ensure that these systems are properly installed and easily repaired, inspection of the installation of these improvements is required.
Water distribution. A system of transmitting potable water to the subdivision and appurtenances in adequate amount for the normal use of each lot in the proposed subdivision shall be required. Two systems of water distribution are possible:
Public water supply systems. Public water supply from the Town of Owasco shall be provided wherever existing mains are reasonably accessible in the opinion of the Planning Board. The system shall be approved by the New York State Department of Health and shall conform to the Design and Construction Standards for Land Development in the Town of Owasco.
Individual water systems (wells). Only those developments which cannot be served by extension of public water systems may be designed with individual water systems (wells). Major subdivisions with individual water systems shall be required to submit an aquifer study demonstrating adequate ground water storage to serve the subdivision as well as any potential expansion.
Sanitary sewer systems. Sanitary sewage is the combination of human and household waste with water. These sewer systems are used to dispose of sanitary sewage from individual lots in a subdivision. Two types of sanitary sewer systems are permitted:
Public sanitary sewer systems. Public sanitary sewer systems shall be provided whenever existing sanitary sewers are reasonably accessible in the opinion of the Planning Board. These systems shall conform to the Design and Construction Standards for Land Development in the Town of Owasco and shall be approved by the New York State Department of Environmental Conservation and/or the New York State Department of Health, whichever is applicable.
Individual sanitary sewage disposal systems. Only those developments which cannot be served by extension of existing sanitary sewer systems may be designed with individual sanitary sewage disposal systems. These systems shall be approved by the New York State Department of Environmental Conservation and/or the New York State Department of Health, whichever is applicable.
Drainage systems. An adequate and comprehensive system of conveying stormwater runoff shall be provided in accordance with the natural direction of runoff for the total upland watershed area affecting the subdivision. These systems shall conform to the Design and Construction Standards for Land Development in the Town of Owasco as well as meet the following criteria:
Drainage systems shall have sufficient capacity to accommodate the potential future runoff based upon the probably land use and ultimate development of the total watershed area upland of the subdivision.
In general, the preservation of natural watercourses is preferable to the construction of drainage channels, and, wherever practicable, such natural watercourses shall be preserved and utilized.
Easements. Drainage easements shall be provided for all natural and man-made drainageways which do not fall within a dedicated right-of-way. All drainage easements shall be plotted on the preliminary and final subdivision plats. The Town shall be provided with a metes and bounds description of all proposed easements prior to final plat approval. These descriptions will be used by the Engineer designated to the project by the Town and the Town Attorney in creating or extending special districts as stipulated in § 150-143.
Easements.
Utility easements. An easement shall be provided for all utility lines wherever those utility lines do not fall within a dedicated right-of-way. All utility easements shall be plotted on both the preliminary and final subdivision plat. The applicant must identify all easements in deeds for each lot affected. Utility easements shall have a minimum width of 10 feet. All utility lines which are primarily intended to provide service to the lots within the subdivision shall be installed underground at a depth and at such locations as will minimize risk of interruption of services. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible.
Other easements. The Planning Board reserves the right to require additional easements when the purposes of such easements are found to be in the public interest.
Inspection of utility improvements. The installation of utility improvements shall be subject to inspection at all stages by representatives of the Town of Owasco. For this purpose, free access shall be afforded and requested information shall be promptly submitted. The cost of such inspection shall be approved by the Engineer designated to the project by the Town and included in the value of the surety for the project.
Site surface improvements. Site surface improvements are required to ensure the ecology of the subdivision is not disturbed adversely; that the subdivision presents an attractive appearance; that is properly paved and monumented; and that all improvements are recorded on the final plat for approval by the Town of Owasco.
Erosion control. Erosion and sedimentation control measures shall conform to the Design and Construction Standards for Land Development in the Town of Owasco as well as meet the following criteria:
During the development process, the developer shall expose the smallest practical area of land at any one time. Proper erosion control measures shall be in place prior to any area being disturbed. Examples of normal erosion control are straw baling, silt dams made of synthetic materials, and siltation collection depressions.
Topsoil moved during the course of construction shall be stored in such a manner as to allow for minimum volume to be stacked or stored at any one time. The stacking or storage period shall be kept as short as possible. Topsoil which is stored shall be stabilized by seeding.
Removal, storage, and redistribution of topsoil shall be consistent with the phasing of construction for the purpose of reducing the need for the storage of large volumes of soil over a lengthy period. Soil shall be redistributed so as to cover all areas of the subdivision adequately and shall be stabilized by seeding or planting.
Removal of topsoil from the site must be approved by the Planning Board.
Temporary vegetation and/or mulching shall be provided to prevent potential erosion problems during construction.
Upon completion of the project, the applicant shall not leave any hills or mounds of dirt on the tract. All surfaces shall be restored within six months of the completion of the section of the subdivision.
Upon completion of the project, the applicant shall not leave any surface depressions which will collect pools of water except as may be required for retention of stormwater runoff.
Landscaping. All lots which are disturbed during the course of construction and which are not covered by structures or paving shall be properly landscaped by the developer through contouring and decorative planting.
Street signs. Permanent street signs of the same type and design in general use throughout the Town, showing the names of intersecting streets, shall be erected at each intersection. Signs at private road intersections shall contain the designation "drive."
Monuments. Permanent reference monuments shall be set at critical corners and angle points of the boundaries within the subdivision. Generally, critical corners and angle points shall be deemed to mean boundary corners and angle points in the boundaries of the parcel being subdivided and in street right-of-way boundaries at all street intersections. Variations to this general rule shall be permitted with Planning Board approval. Requests for deviations from shall be made prior to preliminary plat approval. Agreements on monumentation shall be incorporated into the final subdivision plat.
Roads and streets. All dedicated roads and streets shall be constructed to conform to the Design and Construction Standards for Land Development in the Town of Owasco. Such roads and streets shall be coordinated so as to:
Provide a convenient system conforming to the Town of Owasco Official Map.
Accommodate the prospective traffic, and to afford access for firefighting, snow removal, and other road-maintenance equipment.
Provide an arrangement of roads that allows for the continuation of principal streets, including collector streets, major streets, and primary or major thoroughfares, to adjoining subdivisions, and for proper projection of such principal streets into adjoining properties which are not yet subdivided.
Compose a convenient system. Subdivisions containing 20 lots or more shall have at least two street connections with existing public streets or streets on an approved subdivision plat for which a bond has been filed.
Sidewalks. The policy of the Town of Owasco is to encourage the building of sidewalks wherever needed. The need for sidewalks in major subdivisions shall be determined by the opinion of the Planning Board. Location of sidewalks generally shall be within the road right-of-way and/or pedestrian access easements. Sidewalks shall conform to the Design and Construction Standards for Land Development in the Town of Owasco.
Reservation of parkland on subdivision plats containing residential units.
Before the Planning Board may approve a final subdivision plat containing residential units, such plat shall also show a park or parks suitably located for playground or other recreational purposes when, in the opinions of the Planning Board, it is deemed reasonable and appropriate. Land for park, playground, or other recreational purposes shall be deemed reasonable and appropriate when the Planning Board has made a finding that a proper case exists for requiring these improvements. 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 will contribute and/or related to the expressed goals and recommendations of the Town's Comprehensive Plan.
In the event that the Planning Board makes a finding pursuant to § 150-142E(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 of Owasco. In making such a determination of suitability, the Town Board of Owasco shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for a 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 Town in lieu of land for park, playground, or other recreational purposes, pursuant to the provisions of this article, shall be deposited into a trust fund to be used by the Town exclusively for the proper park, playground, or other recreational purposes, including the acquisition of property. Recreation fees shall be expended at the discretion of the Town Board of Owasco.
Flood hazard prevention. Flood hazard prevention shall conform to the provisions of Chapter 78 of the Code of the Town of Owasco.
Installation of fire alarm devices. The installation of fire alarm signal devices, including necessary connecting facilities, shall be required or waived pursuant only with the approval of:
The County Legislature, if the installation is to be made in an area included in a central fire alarm system established pursuant to Paragraph (h) of the Subdivision 1 of § 225 of New York State County Law; or
The Town Board of Owasco in any other case unless the installation is to be made in a Fire District in a Town in which no central fire alarm system has been established pursuant to Subdivision 11-c of § 64 of the New York State Town Law, in which case only the approval of the Board of Fire Commissioners of such Fire District shall be necessary. Required installations of fire alarm signal devices, including necessary connecting facilities, shall be made in accordance with standards, specifications, and procedures acceptable to the appropriate board.
Considerations for lots.
Lots shall be buildable. The lot arrangement shall be such that in constructing a building in compliance with the zoning regulations contained herein, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots approved in a subdivision plat cannot be further divided.
Side lines. All side lines of lots shall be at right angles to straight road lines and radial to curved road lines, unless a variance from this regulation will provide for a better road or lot plan.
Corner lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site, and to avoid obstruction of free visibility at the road intersection.
Flag lots. Flag lot development shall not be permitted, except where such development is the only reasonable development option, and shall conform to the following provisions:
The flag (interior) portion of a flag lot shall have a lot area and lot width that satisfies the minimum requirements for the district in which the lot is located.
A flagpole access strip shall have a minimum width of 50 feet throughout its length.
Maximum number of flag lots. Not more than one flag lot shall be allowed in a minor subdivision plat. The maximum number of lots in a major subdivision plat shall not be more than 10% of the total number of lots within the subdivision.
No flagpole access strip shall be more than 600 feet in length as measured from the public street right-of-way to the flag (interior) portion of the lot.
In the event that more than one lot is served by the same flagpole access strip, the owner of the flagpole access road serving more than one lot shall cause to be recorded in the Cayuga County Clerk's Office a declaration of covenants, restrictions, and easements in a form acceptable to the Town, which shall at a minimum provide:
Reciprocal easements for use of said access road by each owner of a lot served by said access road.
A declaration that the Town has no responsibility for the maintenance of said access road.
Maintenance of the access road is to be paid for by the owners of the lots served. Maintenance shall include normal surface repair, reconstruction, drainage, snow and ice control, and any and all other costs which may be associated with said access road.
A provision that if the access road is offered to the Town for dedicated in the future, the access road will first be brought up to Town specification, including width for a dedicated road, at the expense of the owners of the lots served by said access road.
That no certificate of occupancy be issued until the access road is constructed in accordance with the above specifications to the satisfaction of the Town Highway Superintendent.
Driveway access. Driveway access and grades shall be approved by the Town Highway Superintendent or Engineer designated to the project by the Town.
Performance bond or other security.
Purpose. The purpose of this provision is to ensure compliance with the proper installation of facilities, utilities, and other improvements being offered for dedication and to protect future property owners.
Administration. Provisions of this section shall be administered as provided for in § 277 of the New York State Town Law.
Furnishing of performance bond or other security. As an alternative to the installation of facilities, infrastructure, and other improvements required in the article and prior to Planning Board approval, a performance bond or other security sufficient to cover the full cost of the installation of such facilities, infrastructure, and other improvements, as estimated by the Planning Board or the Engineer designated to the project, shall be furnished to the Town by the applicant. Surety may be waived in instances where the applicant installs all improvements prior to the final plat being signed by the duly authorized Town officials.
Security where plat approved in phases. In the event that the applicant shall be authorized to file the approved final plat in phases, as provided in Subdivision 7 of 276 of the New York State Town Law, approval of the final plat may be granted upon the installation of the required improvements in the section of the final plat filed in the office of the Cayuga County Clerk or the furnishing of security covering the costs of the installation of such improvements. The applicant shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the Cayuga County Clerk and the required improvements have been installed in such section or a security covering the cost of such improvements in provided.
Form of security. Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board of Owasco and also approved by the Town Attorney as to form, sufficiency, and manner of execution, and shall be limited to:
A performance bond issued by a bonding or surety company;
The deposit of funds in or a certificate of deposit issued by a bank or trust company located in and authorized to do business in New York State;
An irrevocable letter of credit from a bank located and authorized to do business in New York State;
Obligations of the United States of America; or
Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements.
If not delivered to the Town, such security shall be held in a Town account at a bank or trust company.
Terms of security agreement. Any such performance bond or security agreement shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years; provided, however, that the term of such performance bond or security agreement may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the performance bond or security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant reduction in the amount of said security, and upon approval by the Town Board of Owasco, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.
Inspections. All improvements covered under a performance surety must be inspected during construction to determine compliance with the approved final plat. Cost of the required inspections may be estimated by the Engineer designated to the project and shall be borne by the applicant and will be included in the initial value of the surety.
For inspection purposes, the contractor shall notify the Town when construction will be undertaken on improvements. Reasonable notice is required (normally, 24 hours advance notice is considered to be reasonable).
Inspections are the responsibility of the Engineer designated to the project or a designee of the Town Board of Owasco. Subcontracting of inspections on behalf of the Engineer designated to the project may be done only with the prior approval of the Town Board of Owasco. Should the inspector find improvements are not being installed in compliance with the approved final plat, the Town Board of Owasco shall immediately be notified. The Town shall take all necessary and proper steps to rectify the situation.
Process for release of surety.
The process for release of surety will be initiated when a request is made by the applicant for partial or total release and is submitted to the Town for approval. The request shall be submitted to the Engineer designated to the project who shall compare the request with the inspection record and make a determination as to the whether the required improvements have been completed. The Engineer's determination will be forwarded to the Town Board of Owasco with a recommendation for action. At that time, the Town Board of Owasco will decide, by resolution, whether to honor the request and will determine the dollar value of the release. The Town Supervisor will be instructed to issue the release in the amount determined by the Town Board of Owasco.
All releases under surety are subject to retainage. Each time that release occurs under a surety, 10% of the amount of the release shall be retained in the letter of credit until the facilities are dedicated. Upon dedication, the entire amount of the letter of credit will be released upon the filing of a suitable form of performance surety in the amount of 10% of the actual construction costs incurred. The surety shall be held for a period of one year following dedication to ensure correction of any work that may be found to be defective.
Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board of Owasco may thereupon declare the said performance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.
Compliance with zoning regulations. The lots shown on a plat shall at least comply with the requirements of the Town's zoning regulations, subject, however, to the provisions of § 150-123 of this article. Notwithstanding any provision of law to the contrary, where a plat contains one or more lots which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 276-b of the New York State Town Law without the necessity of a decision or determination by the Code Enforcement Officer. In reviewing such application, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.
Completion of improvements. The developer shall complete all improvements in accordance with the final subdivision plat. The quality of the improvements must be in accordance with the final subdivision plat. Their quality also must be acceptable to the Engineer designated to the project, Planning Board, Town Water Department, Town Building Department, or any other agency having jurisdiction.
Waiver of requirements. The Planning Board may waive, when reasonable, any requirements or improvements for the approval or approval with modification of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety, and general welfare, or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
§ 150-125 Special districts.
Purpose. Special districts may be created to provide certain utilities and services on an equitable basis and also to ensure a means of ongoing maintenance of those utilities and services. To achieve this purpose, the Town will create or extend special districts in conformance to the provisions of the New York State Town Law Article 12 and as set forth in the rules of the Town governing special districts.
Requirements. Application to create or extend a special district must be accompanied by the required fee, a metes and bounds description of the special district, and a description of any easements or other information required to form the type of special district requested. One copy of any application and accompanying materials to be presented to a state agency whenever necessary is required as part of the process of obtaining a final subdivision plat approval.
Procedure. Application for the formation of a special district is processed as follows:
Applications for state approval are submitted to the Town Supervisor, who shall review and sign the applications and return them to the applicant for submission to the appropriate state agencies.
The Secretary to the Planning Board shall refer the Town application and accompanying documents to the Town Supervisor for processing.
The Town Supervisor is responsible for taking the following actions:
Forwarding the document to the Engineer designated to the project who shall prepare maps and plans for the creation or extension of the special district.
Forwarding all documents to the Town Attorney to ensure that all provisions of New York State Town Law Article 12 and all other legal requirements are met. If all matters are in compliance, the Town Attorney will prepare:
Public hearing. Upon the receipt of a completed application for the district and recommendation of the Town Attorney, the Town Board of Owasco shall schedule and hold a public hearing on the proposed special district or extension of an existing special district. The purpose of the public hearing is to permit free and open discussion of the proposed special district. Notice of the public hearing shall be published in accordance with all provisions of New York State Law. If the Town Board of Owasco determines that the proposal meets all state and local requirements, the special district shall be created or extended by resolution of the Town Board of Owasco.
Notification. Notification of the decision shall be the responsibility of the Town Clerk and shall be performed in accordance with all provisions of New York State Law. Final documentation concerning the creation or extension of the special district shall become a part of the permanent public record of the subdivision and distributed by the Town Clerk accordingly.