Vernon Town City Zoning Code
PART 6
Subdivision Regulations
§ 139-54 Declaration of policy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
By the authority of the resolution of the Town Board of the Town of Vernon adopted on November 8, 1984, pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Zoning Board of Appeals of the Town of Vernon is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the county and/or the Town and to approve preliminary plats within that part of the Town of Vernon outside the limits of any incorporated city or village. It is declared to be the policy of the Zoning Board of Appeals to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the Town. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that proper provision shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties; that the proposed streets shall compose a convenient system conforming to the Official Map, if such exists, and shall be properly related to the proposals shown on the Master Plan, if such exists, and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of firefighting equipment to buildings; and that proper provision shall be made for open spaces for parks and playgrounds.
§ 139-55 Summary of procedures
Town of Vernon Zoning Board of Appeals approval of any subdivision of land into five or more parcels (that is, falling within the definition of "subdivision" contained in § 139-2) shall be evidenced by a final plat containing all required signatures and prepared by a lawfully practicing licensed land surveyor (LS). Upon authorization by the Town Board, the final plat shall be filed in the office of the Oneida County Clerk. Filing of the final plat shall be a prerequisite to the issuance of any building permit, certificate of occupancy or preparation of any parcel for the construction and approved use of the land.
[Amended 10-12-2009 by L.L. No. 2-2009]
All subdivision of land within the Town of Vernon will be required to be initiated and processed in accordance with the following major milestones and procedures set forth in the subdivision approval process; an informal preapplication procedure is recommended for all applications but may be waived at the discretion of the Vernon Zoning Board of Appeals: 1) sketch plan procedure; 2) preliminary plan (plat) procedure; 3) final plan procedure.
The developer shall file a sketch plan that shall be discussed at the next regular meeting of the Zoning Board of Appeals. The purpose of the sketch plan conference shall involve an initial discussion concerning the developers' intent concerning use, layout, and potential impacts to traffic safety, availability of utilities, infrastructure, services and the responsibility for required improvements.
The developers shall obtain the Zoning Board of Appeals's approval or disapproval of a preliminary plat (plat) following a public hearing and shall either install all required street and utility improvements or bond their completion as a condition of obtaining final approval of the final plat. Under no circumstances shall the preliminary plat approval for a subdivision be granted until a determination of significance can be issued by the Zoning Board of Appeals in accordance with the New York State Environmental Quality Review Act. There shall be no alternate procedure for granting final approval for a subdivision.
[Amended 10-12-2009 by L.L. No. 2-2009]
§ 139-56 Approval required.
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 each subdivision or any part thereof is made, and before any permit required for site development or the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedures.
§ 139-57 Sketch plan.
Preapplication conference. Prior to the submission of any official application, prospective subdividers shall attend one of the regular meetings of the Zoning Board of Appeals to discuss the general requirements and design standards for subdivisions, the classifications of subdivisions and application procedures.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing or combining parcels of land, submit to the ZEO or Zoning Board of Appeals Chair at least 10 days prior to the regular meeting of the Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 139-74.
Discussion of requirements. The subdivider or his duly authorized representative shall attend the meeting of the Zoning Board of Appeals to discuss the requirements of these regulations and the submission of information necessary to satisfy the New York State Environmental Quality Review Act (SEQRA) (e.g., to determine mitigation of proposed development impact, street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information).
Study of sketch plan. The Zoning Board of Appeals shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific recommendations in writing, to be incorporated by the applicant in the next submission to the Zoning Board of Appeals.
§ 139-58 Environmental impact assessment.
Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act (SEQRA), requires that all local governments evaluate the environmental impacts of their own acts and those of persons seeking funding or permits from them. Article 8 and Part 617 of Title 6 of the New York Codes, Rules and Regulations under the Act, and subsequent amendments, are adopted herein by reference.
All subdivisions shall require submission of an environmental assessment form (EAF) for review by the Zoning Board of Appeals (e.g., full EAF or short-form EAF). Using this form, together with any other available information, the Zoning Board of Appeals shall determine whether or not the proposed action may have significant effect on the environment (e.g., Type I action, Type II action or unlisted action).
§ 139-59 Preliminary plat; fee.
Application and fee.
Prior to the filing of an application for the approval of a subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in § 139-75 hereof. The preliminary plat shall in all respects comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and § 139-75 of these regulations, except where a waiver may be specifically authorized by the Zoning Board of Appeals.
The application for approval of the preliminary plat shall be accompanied by a fee as set by resolution of the Town Board, plus an additional amount per lot for each lot in the proposed subdivision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any costs incurred by the Zoning Board of Appeals due to the need for consulting services or other review costs in excess of the amount of the initial application fee shall be paid by the applicant.
Number of copies. Five copies of the preliminary plat shall be presented to the Clerk of the Zoning Board of Appeals at the time of submission of the preliminary plat.
Subdivider to attend Zoning Board of Appeals meeting. The subdivider or his duly authorized representative shall attend the meeting of the Zoning Board of Appeals to discuss the preliminary plat.
Study of preliminary plat. The Zoning Board of Appeals shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Town of Vernon Community Comprehensive Plan (adopted by resolution November 2005) and the Town Zoning Ordinance.
When officially submitted, the time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 139-75 of these regulations, has been filed with the Clerk of the Zoning Board of Appeals.
Approval of the preliminary plat.
Within 62 days after the receipt of such preliminary plat by the Clerk of the Zoning Board of Appeals, the Zoning Board of Appeals shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. The Zoning Board of Appeals may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. Prior to the granting of preliminary plat approval, all information necessary for the Zoning Board of Appeals to make a determination of significance under SEQRA shall be satisfied. Upon submission of a complete application, a determination of significance and receipt of a recommendation from the Oneida County Department of Planning under §§ 239-l, 239-m and 239-n of the General Municipal Law, the requirements for plat approval shall be met. Within 62 days after the date of such hearing, the Zoning Board of Appeals shall approve with or without modification or disapprove such preliminary plat, and the ground of a modification. When an application for subdivision review and approval involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Zoning Board of Appeal shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
When granting approval to a preliminary plat, the Zoning Board of Appeals shall state the terms of such approval, if any, with respect to: the modifications to the preliminary plat; the character and extent of the required improvements which in its opinion may be waived without jeopardy to the public health, safety, morals and general welfare; and the amount of improvement or the amount of all bonds thereof which it will require as prerequisite to the approval of the subdivision plat. Preliminary plat approval shall not be granted, based upon conditions relating to SEQRA requirements. Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design (e.g., footprint) submitted on the preliminary plat as a guide to the preparation of the plat, which will be submitted for approval of the Zoning Board of Appeals and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the subdivision plat, the Zoning Board of Appeals 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.
§ 139-60 Final subdivision plat; fee.
Application for approval and fee.
The subdivider shall, within six months after the approval of the preliminary plat, file with the Zoning Board of Appeals an application for approval of the subdivision plat in final form, using the approved application blank available from the Clerk of the Zoning Board of Appeals. All applications for plat approval for subdivisions shall be accompanied by a fee as set by resolution of the Town Board. Any costs incurred by the Zoning Board of Appeals due to the need for consulting services or other review costs in excess of the amount of the initial application fee shall be paid by the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If the final plat is not submitted within six months after the approval of the preliminary plat, the Zoning Board of Appeals may refuse to approve the final plat and require resubmission of the preliminary plat.
Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Zoning Board of Appeals shall provide the Clerk of the Board with a copy of the application and three copies (one copy in ink on linen or an acceptable equal) of the plat, the original and one true copy of all offers of cession, covenants, easements and agreements and two prints of all construction drawings.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for approval of the subdivision plat, complete, including all information necessary to make a determination of significance and accompanied by the fee and all data required by § 139-75 of these regulations, has been filed with the Clerk of the Zoning Board of Appeals.
Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Oneida County Department of Health and/or the New York State Department of Environmental Conservation. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Town, county and state agencies. Endorsement and approval by the Oneida County Department of Health and/or the New York State Department of Environmental Conservation shall be secured by the subdivider before official submission of the subdivision plat. All recommendations by the Oneida County Planning Department under General Municipal Law §§ 239-l, 239-m and 239-n shall be received prior to action on the proposed plat.
Public hearing. Within 62 days of the submission of a plat in final form for approval, a public hearing shall be held by the Zoning Board of Appeals. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that when the Zoning Board of Appeals deems the final plat to be in substantial agreement with a preliminary plat approved under § 139-59 of this article and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Zoning Board of Appeals may waive the requirement for such public hearing.
Action on proposed subdivision plat.
The Zoning Board of Appeals shall by resolution approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Clerk of the Zoning Board of Appeals if no hearing is held or, in the event a hearing is held, within 62 days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Zoning Board of Appeals. Failure to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat.
Conditional approval.
Upon resolution of conditional approval of such final plat, the Zoning Board of Appeals shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Clerk of the Zoning Board of Appeals as conditionally approved and a copy filed in his office, and a copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. The final plat will be filed with the CEO/ZEO upon approval. Conditional approval shall not be granted for:
Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Zoning Board of Appeals. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Zoning Board of Appeals may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for additional periods of 90 days each.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 139-61 Required improvements.
Improvements and performance bond.
Before the Zoning Board of Appeals grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1)(a) or (b) below:
In an amount set by the Zoning Board of Appeals, the subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements or file a performance bond with the Town Clerk to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 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 year (or such other period as the Zoning Board of Appeals may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.
The subdivider shall complete all required improvements to the satisfaction of the Town Highway Superintendent, who shall file with the Zoning Board of Appeals a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not so completed, the subdivider shall file a bond or certified check with the Town Clerk, covering the costs of such improvements and the cost of satisfactorily installing any improvements not approved by the Town Highway Superintendent. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety.
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Highway Superintendent and a map satisfactory to the Zoning Board of Appeals has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(1)(b), then said map shall be submitted prior to endorsement of the plat by the appropriate Zoning Board of Appeals officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1)(a), such bond shall not be released until such a map is submitted.
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 Town Highway Superintendent that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Highway Superintendent may, upon approval by a previously delegated member of the Zoning Board of Appeals, authorize modifications, provided that these modifications are within the spirit and intent of the Zoning Board of Appeals's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Town Highway Superintendent shall issue any authorization under this subsection in writing and shall transmit a copy of such authorization to the Zoning Board of Appeals at its next regular meeting.
Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall pay to the Town Clerk the inspection fee required by the Town Board and shall notify the Town Board in writing of the time when he proposes to commence construction of such improvements so that the Town Board may cause inspection to be made to ensure that all Town specifications and requirements shall be met during the construction of required improvements and to ensure the satisfactory completion of improvements and utilities required by the Zoning Board of Appeals.
Proper installation of improvements. If the Town Highway Superintendent 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 subdivider, he shall so report to the Town Board, Zoning Enforcement Officer and Zoning Board of Appeals. The Town Board then shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the Town's rights under the bond. No plat shall be approved by the Zoning Board of Appeals as long as the subdivider is in default on a previously approved plat.
§ 139-62 Filing of approved plat.
Final approval and filing. Upon completion of the requirements in §§ 139-60 and 139-61 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Zoning Board of Appeals and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not filed or recorded within 62 days of the date upon which the plat is approved, or considered approved by reasons of the failure of the Zoning Board of Appeals to act, shall become null and void.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Zoning Board of Appeals and endorsed in writing on the plat unless the plat is first resubmitted to the Zoning Board of Appeals and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
§ 139-63 Public streets and recreation areas.
Public acceptance of streets. The approval by the Zoning Board of Appeals of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement or other open space shown on such subdivision plat.
Ownership and maintenance of recreation areas. When a park, playground or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the Town of such area. The Zoning Board of Appeals shall require the plat to be endorsed with appropriate notes to this effect. The Zoning Board of Appeals may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.
§ 139-64 Reservation and declaration of lands for public use.
To meet the Town's growing need for future recreational facilities generated by residential growth, the Town of Vernon shall require the reservation and dedication of at least 10% of the area of land to be subdivided for park, playground, recreation, open land or other public purposes. In locating lands to be reserved and dedicated, the Board shall consider preservation of special environmental and geographic features, unsuitability of certain lands for building purposes, future expansion of public use lands upon development of adjoining areas, the most appropriate type of public land use to the area and the conditions necessary to preserve access, use and maintenance of such lands for their intended purpose.
Such lands may be retained in private ownership, provided that they are permanently dedicated and maintained for their intended use by recorded covenant and security deemed adequate to the Town Board. Alternatively, lands may be offered to the Town as a gift to be accepted at the discretion of the Vernon Town Board.
In the event that the Zoning Board of Appeals determines that reservation of land of adequate size and suitable purpose cannot be practically located in a proposed subdivision, the Board may condition its approval of the subdivision upon payment to the Town of a fee per lot as set by resolution of the Town Board, which sum shall constitute a trust fund of the Town to be used exclusively for the acquisition and development of parks, playgrounds, recreation or open land areas in the Town as near as practicable in the general vicinity of and for the benefit of occupants of the subdivision from which the sum was derived.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 139-65 Clustering.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Whereas pursuant to resolution of the Town Board the Zoning Board of Appeals is empowered to modify applicable provisions of this chapter in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate 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 procedure and standards:
Request for subdivider. A subdivider may request the use of § 281 of the Town Law of New York State simultaneously with or subsequent to presentation of the sketch plan as per procedures described in this article. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
Sketch plan. A subdivider shall present, along with a proposal in accordance with the provisions of § 281 of the Town Law of New York State, a standard sketch plat which is consistent with all the criteria established by these Subdivision Regulations, including, but not limited to, streets being consistent with the street specifications and lots being consistent with this chapter.
Park, recreation, open space or other municipal purposes. If the application of this procedure results in a plat showing land available for park, recreation, open space or other municipal purposes directly related to the plat, then conditions as to ownership, use and maintenance of such lands as are necessary to ensure the preservation of such lands for their intended purposes shall be set forth by the Zoning Board of Appeals.
Plat submission. Upon a determination that such sketch plat is suitable for the procedures under § 281 of the Town Law of New York State and subsequent to the resolution authorizing the Zoning Board of Appeals to proceed, a preliminary plat meeting all of the requirements of the resolution shall be presented to the Zoning Board of Appeals, and thereafter the Zoning Board of Appeals shall proceed with the required public hearings and all other requirements of these regulations.
Filing, notation on Zoning Map. Upon the filing of a plat in the office of the County Clerk in which § 281 of the Town Law of New York State has been used, the subdivider shall file a copy with the Town Clerk, who shall make appropriate notations and reference thereto in the Town Zoning Ordinance Map. The Secretary of the Zoning Board of Appeals shall notify the Town Zoning Enforcement Officer when such a plat is filed.
§ 139-66 Standards regarded as minimum requirements.
In considering applications for subdivision of land, the Zoning Board of Appeals shall be guided by the standards set forth hereinafter. The standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article XX herein.
§ 139-67 General requirements.
Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
Conformity to this chapter and Comprehensive Plan. Subdivisions shall conform to this chapter of the Town and shall be in harmony with the Comprehensive Plan.
Specifications for required improvements. All required improvements shall be constructed or installed to conform to the Town specifications, which may be obtained from the Town Highway Superintendent.
§ 139-68 Streets and roads.
Width, location and construction. Streets shall be of sufficient width, suitably located and adequately constructed to accommodate the prospective traffic and afford access for firefighting, snow removal and other road maintenance equipment. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system.
Arrangement. The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions and for proper projection of principal streets into adjoining properties which are not yet subdivided in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities. Where, in the opinion of the Zoning Board of Appeals, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.
Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.
Special treatment along major arterial and collector streets. When a subdivision abuts or contains an existing or proposed major arterial street, the Board may require marginal access streets, reverse frontage consistent with the Town's major highway overlay controls. In addition, required screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
Provision for future resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations. On lots containing five or more potential lots, road front land area shall require a dedicated right-of-way, 60 feet upon the subdivision of 30% of the parcels adjacent to the road right-of-way for access to the rear portion of the originating parcel to provide ingress/egress for the purposes of farming and future subdivision or resubdivision of land.
Dead-end streets. The creation of dead-end streets shall be discouraged. Loop residential streets will be encouraged wherever the Board finds that such type of development will not interfere with normal traffic circulation in the area. In the case of dead-end streets, where needed or desirable, the Board may require the reservation of a two-hundred-foot-wide easement to provide for continuation of pedestrian traffic and utilities to the next street. 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. Cul-de-sacs in the local street system shall not exceed 500 feet in length and shall be designed with a turnaround as described in § 139-69I.
Flag lots. Notwithstanding the definition of "building line, front," the Zoning Board of Appeals may, in its discretion, approve a front building line which is a greater distance from the street line than the minimum front yard setback, but only for lots fronting an internal local Town-owned streets in new major residential subdivisions.
Block size. Blocks generally shall not be less than 400 feet nor more than 1,200 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet in length, the Zoning Board of Appeals may require the reservation of a twenty-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic, where needed or desirable, and may further specify, at its discretion, that a four-foot-wide paved footpath be included. New subdivided parcels shall generally not exceed ratio of 4:1 lot frontage to lot depth (e.g., generally not exceed a four to one rectangle in shape).
Intersections with collector or major arterial roads. Minor or secondary street openings into such roads shall, in general, be at least 500 feet apart.
Street jogs. Street jogs with center-line offsets of less than 125 feet shall be avoided. Therefore, opposing street intersections shall either be aligned or offset a distance of 125 feet measured from the center line of the intersection, except that streets intersecting arterial or collector roads shall comply with § 139-25.
Angle of intersection. In general, all streets shall join each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it joins.
Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography.
Other required streets. Where a subdivision borders on or contains a railroad right-of-way or limited-access highway right-of-way, the Zoning Board of Appeals may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts). Such distance shall also be determined with due regard for the requirements of approach grades and future grade separations.
§ 139-69 Street design.
Widths of rights-of-way. Streets shall have the following widths (the classification of streets shall be determined by the Board in consultation with the Town Highway Superintendent):
Residential Subdivision Street Design Standards | ||||||
|---|---|---|---|---|---|---|
Design Standards | Collector Arterial | Collector Rural | Collector Residential | Local | Marginal Access | Cul-de-Sac Diameter |
Minimum right-of-way width (feet) | 120 | 80 | 80 | 60 | 60 | 60/160 |
Minimum pavement width, excluding gutters (feet) | (2) at 26 | 24 | 30 | 24 | 24 | 24 |
Maximum grade | 6% | 6% | 6% | 10% | 5% | 8% |
Minimum grade | 0.50% | 0.50% | 0.50% | 0.50% | 0.50% | 0.50% |
Minimum radius of curves at the center line (feet) | 800 | 600 | 300 | 150 | 500 | 150 |
Minimum tangent between reverse curves (feet) | 300 | 250 | 200 | 100 | 200 | N/A |
Maximum grade within 100 feet of the center line of an intersection | 1% | 2% | 2% | 3% | 3% | 3% |
Minimum stopping sight distance (feet) | 400 | 200 | 200 | 150 | 200 | 100 |
Minimum distance between center line offsets as street jogs | 500 | 250 | 250 | 200 | 200 | 200 |
Maximum length of cul-de-sacs (feet) | N/A | N/A | N/A | 500 | N/A | 130 |
Minimum outside radius of cul-de-sac pavement (feet) | 65 | |||||
Angle at intersection of street lines | 90° | 90° | 90° | 80° to 100° | 80° to 100° | 80° to 100° |
Maximum curb intersection radius (feet) | 30 | 30 | 30 | 25 | 25 | 25 |
Improvements. Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, streetlights and signs, street trees and fire hydrants, except where waivers may be requested, and the Zoning Board of Appeals may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare. Pedestrian easements and crossings shall be improved and encouraged as required by the Zoning Board of Appeals. Such grading and improvements shall be approved as to design and specifications by the Town Highway Superintendent.
Fire hydrants. Installation of the hydrants shall be in conformity with all Town requirements and standards of the State of New York.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Streetlighting facilities. Lighting facilities shall be in conformance with the lighting system of the Town. Such lighting standards and fixtures shall be installed after approval by the appropriate power company and shall be in conformance with any applicable certification and/or inspection requirements.
Utilities in streets. The Zoning Board of Appeals shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved.
Utility easements. 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. 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.
Grades. Grades of all streets shall conform in general to the terrain and shall not be less than 1/2% nor more than 6% for major or collector streets, or 10% for minor streets in residential zones, but in no case more than 3% within 50 feet of any intersection.
Changes in grade. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Town Highway Superintendent so that clear visibility shall be provided for a safe distance.
Curve radii at street intersections. All street right-of-way lines at intersections shall be rounded by curves of at least twenty-foot radius and curbs shall be adjusted accordingly.
Steep grades and curves; visibility at intersections. A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) which is shown shaded on Sketch A and Sketch B shall be cleared of all growth (except isolated trees) and obstructions above the level three feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility.
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Dead-end streets (cul-de-sacs). Where dead-end streets are designed to be so permanently, they should, in general, not exceed 500 feet in length and shall terminate in a circular turnaround having a minimum inside edge of pavement radius of 65 feet and a pavement width of a minimum of 1 1/2 times the width of the abutting road. At the end of temporary dead-end streets, a temporary turnaround with a pavement radius of 50 feet shall be provided, unless the Zoning Board of Appeals approves an alternate arrangement. The width of right-of-way of all cul-de-sacs shall be a minimum of 162 feet in diameter.
Watercourses.
Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town Highway Superintendent.
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Town Highway Superintendent and in no case less than 20 feet in width.
Curve radii. In general, street lines within a block deflecting from each other at any one point by more than 10° shall be connected with a curve, the radius of which for the center line of street shall not be less than 400 feet on major streets, 200 feet on collector streets, and 100 feet on minor streets.
Service streets or loading space in commercial development. Paved rear service streets of not less than 20 feet in width, or in lieu thereof adequate off-street loading space, suitably surfaced, shall be provided in connection with lots designed for commercial use and shall be separate from general vehicular circulation to the greatest extent possible.
Free flow of vehicular traffic abutting commercial developments. In front of areas zoned and designed for commercial use or where a change of zoning to a zone which permits commercial use is contemplated, the street width shall be increased by such amount on each side as is deemed necessary by the Zoning Board of Appeals to ensure the free flow of through traffic without interference by parked or parking vehicles and to provide adequate and safe parking space for such commercial or business district.
§ 139-70 Street names.
Type of name. All street names shown on a preliminary plat or subdivision plat shall be approved by the Zoning Board of Appeals.
Names to be substantially different. 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 90° without a change in street name.
§ 139-71 Lots.
Lots to be buildable. The lot arrangements shall be such that in constructing a building in compliance with this chapter, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear and should generally not exceed a 4:1 ratio of lot width to lot depth.
Side lines. All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan.
Corner lots. In general, corner lots should be 150% larger than interior lots and have equal setbacks along both road lines to provide for proper building setback from each street and provide a desirable building site. Front yard setbacks shall conform to the major highway overlay controls as set forth in Article X, § 139-25, of this chapter.
Driveway access. Driveway access and grades shall be a minimum of 250 feet from the center line of intersections with arterial and collector roads and shall conform to specifications of the Town Driveway Ordinance, if one exists. Driveway access locations shall conform to the major highway overlay controls as set forth in § 139-25 of this chapter. Driveway grades between the street and the setback line shall not exceed 10% and shall follow the crown line of the road and the shoulder and be constructed so that water coming down the driveway will exit into the roadside ditch before it reaches the shoulder of the road.
Access from private streets. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with these regulations. Private streets shall not exceed 600 linear feet without proper access and turnaround provisions for firefighting and life safety equipment.
Monuments and lot corner markers. Permanent monuments meeting specifications approved by the Town Highway Superintendent as to size, type and installation shall be set at such block corners, angle points, points of curves in streets and other points as the Town Highway Superintendent may require, and their location shall be shown on the subdivision plat.
§ 139-72 Drainage improvements.
Grading and drainage. Street layout, block grading and lot grading data shall be shown. The objective is to establish the street grades, floor elevations and lot grades in proper relation to each other and to existing topography, considering property protection, aesthetic appeal, use and drainage.
Storm and surface drainage.
The following shall be used to evaluate each stormwater management plan: The peak rate of discharge for the site in question, calculated in its developed condition, shall be equal to or less than the peak rate of discharge for the site in its predeveloped (existing) condition.
Any additional submission or design requirements for the installation of stormwater management facilities shall be determined by the Zoning Board of Appeals based on the review and recommendation of the Town Highway Superintendent. The Zoning Board of Appeals may consult with any other agencies or professionals, including, but not limited to, the Oneida County Soil and Water Conservation District, in making this determination.
Where an adequate public storm sewer main is available at the plat boundary, the subdivider shall construct a storm sewer system to be connected with the storm sewer main. If such storm sewer system is not accessible, adequate stormwater drainage shall be provided by natural drainage channels with easements of adequate width, except that in the street right-of-way no open ditches shall be permitted which in the judgment of the Zoning Board of Appeals would present a hazard to pedestrian or vehicular travel or a nuisance due to unsightliness. The Zoning Board of Appeals may also require any hazardous or unsightly natural drainage ditch to be suitably screened or fenced.
Culverts and bridges. When natural drainage channels intersect any street right-of-way, it shall be the responsibility of the subdivider to have satisfactory bridges and culverts designed and constructed. Where culverts are required, the following minimum requirements shall be observed:
All culverts shall extend across the entire roadway, including the shoulders, and the capacity shall be approved by the Town Highway Superintendent.
Driveway culverts for residential driveways shall be a minimum of 12 inches in diameter and 20 feet in length. Residential driveway culverts shall be no longer than 24 feet in length. Driveway culverts for nonresidential driveways shall extend at least four feet beyond the driveway on each side. The diameter of driveway culverts shall be subject to the determination of the Town Highway Superintendent. The driveway culverts shall be laid so as to maintain the flow line of the ditch or gutter. Headwalls may be required if volume and grade indicate the need.
In any case, such facilities shall be designed to handle the anticipated increase in runoff which will occur when property at a higher elevation in the same drainage basin is fully developed.
Streets and slopes. A street shall be designed so as to provide for the discharge of surface water from its pavement surface. The slope of the crown on a street shall not be less than 1/8 of an inch per foot and not more than 1/3 of an inch per foot. Adequate drainage facilities shall be provided at such points along a street and at other points as necessary to intercept runoff.
Abutting properties. In the design of storm drainage facilities, special consideration must be given to preventing excess runoff into adjacent developed or undeveloped properties. When a storm drainage outlet will abut another property, the subdivider shall secure approval in writing of the adjoining affected owners.
Land subject to flooding. Land subject to flooding or land deemed by the Zoning Board of Appeals 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 Zoning Board of Appeals to remedy said hazardous conditions.
§ 139-73 Parks, open spaces and other natural features.
Recreation areas shown on Town Plan. Where a proposed park, playground or open space shown on the Town Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the Town or county by the subdivider if the Town Board approves such dedication.
Parks and playgrounds not shown on Town Plan.
The Zoning Board of Appeals shall require that the plat show sites of a character, extent and location suitable for the development of a park, playground or other recreation purpose. The Zoning Board of Appeals may require that the developer satisfactorily grade any such recreation areas shown on the plat.
The Board shall require that not less than three acres of recreation space be provided per 100 dwelling units shown on the plat. However, in no case shall the amount be more than 10% of the total area of the subdivision. Such area or areas may be dedicated to the Town by the subdivider if the Town Board approves such dedication. Appropriate legal measures should be taken to ensure that such land can never be developed for other than recreational purposes.
Information to be submitted. In the event that an area to be used for a park or playground is required to be so shown, the subdivider shall submit, prior to final approval, to the Board three prints (one copy in ink on linen or an acceptable equal), at a scale of not less than 30 feet to the inch, showing such area and the following features thereof:
The boundaries of the area, giving lengths and bearings of all straight lines; radii, lengths, central angles and tangent distances of all curves.
Existing features such as brooks, ponds, clusters of trees, rock outcrops, structures.
Existing and, if applicable, proposed changes in grade and contours of the area and of the area immediately adjacent.
Waiver of plat designation of area for parks and playgrounds.
In cases where the Zoning Board of Appeals finds that due to the size, topography or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein, or if in the opinion of the Board is not desirable, the Board may waive the requirement that the plat show land for such purposes. The Board shall then require as a condition to approval of the plat a payment to the Town as set by resolution of the Town Board, which otherwise would have been acceptable as a recreation site. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in Subsection B hereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Such amount shall be paid to the Town Board at the time of final plat approval, and no plat shall be signed by the authorized officer of the Zoning Board of Appeals until such payment is made. All such payments shall be held by the Town Board in a special Town Recreation Site Acquisition and Improvement Fund, to be used for the acquisition of land that is suitable for permanent park, playground or other recreational purposes and is so located that it will serve primarily the general neighborhood in which the land covered by the plat lies, and shall be used only for park, playground or other recreational land acquisition or improvements. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the plat is situated, provided that the Zoning Board of Appeals finds there is a need for such improvements.
Reserve strips prohibited. Reserve strips of land which might be used to control access from the proposed subdivision to any neighboring property or to any land within the subdivision itself shall be prohibited.
Preservation of natural features. The Zoning Board of Appeals shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and falls, historic structures or locations, vistas and similar irreplaceable assets.
Topsoil removed during the course of construction shall be stockpiled and replaced so as to cover all areas of the subdivision and shall be stabilized by seeding and plantings. Topsoil stockpiles shall be graded and protected (seeded, mulched or other appropriate techniques) so as to prevent soil loss through erosion and to avoid sedimentation of watercourses.
To the extent possible, economically viable farmland shall be avoided or allowed to continue in a manner that preserves the economic viability and maximizes tillable acreage of land available for active agricultural use both within and surrounding the land to be subdivided.
Wherever possible, existing trees and shrubbery shall be conserved by the subdivider. Care should be exercised in construction so that damage to existing trees and shrubs is avoided. The Zoning Board of Appeals may visit the site with the developer to discuss optimum siting of streets and lots so as to preserve the existing quality of the site.
Streams, lakes, ponds and wetlands within a subdivision shall generally be left unaltered. Easements along watercourses as a part of a comprehensive recreational and open space plan for the development will be viewed favorably the Zoning Board of Appeals.
Unique physical, historical and cultural sites shall be incorporated into the subdivision in their present state or improved by the design.
All surfaces must be graded and restored within six months of the time of completion of the subdivision so that no unnatural mounds or depressions remain.
Freshwater wetlands.
Any freshwater wetlands, including wetlands regulated by the New York State Department of Environmental Conservation or indicated on the National Wetlands Inventory (NWI) maps, must be so marked on the preliminary plat.
All development in areas identified as freshwater wetlands shall be permitted only upon submission of a joint application and issuance of a permit by the New York State Department of Environmental Conservation pursuant to the provisions of Article 24 of the New York State Environmental Conservation Law.
§ 139-74 Sketch plan.
The sketch plan initially submitted to the Zoning Board of Appeals shall be based on Tax Map information or some other similarly accurate base map at a scale (preferably not less than 200 feet to the inch) to enable the entire tract to be shown on one sheet. The sketch plan shall be submitted showing the following information:
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 and other significant physical features within the portion to be subdivided and within 100 feet thereof. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet.
The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.
The Tax Map sheet, block and lot numbers, if available, including the names, address and Tax Map numbers (map, block, lot and parcel) of all parcels within 500 feet of the subdivision that lie within a current agricultural taxing district.
All the utilities available and all streets which are either proposed, mapped or built.
The proposed pattern of lots (including lot width and depth), 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, or zoning lines.
§ 139-75 Preliminary plat and accompanying data.
The following documents shall be submitted for preliminary plat approval:
Five copies of the preliminary plat prepared at a scale of not more than 100 feet but preferably not less than 50 feet to the inch, showing:
Proposed subdivision name; name of town and county in which it is located; date; true North point; scale; name and address of record owner, subdivider and engineer or surveyor, including license number and seal of any and all.
The name of all subdivisions immediately adjacent and the names of the owners of record of all adjacent property.
Zoning district, including exact boundary lines of district, if more than one district, and any proposed changes in the zoning district lines and/or this chapter text applicable to the area to be subdivided.
All parcels of land proposed be dedicated to public use and the conditions of such dedication.
Location of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter of eight inches or more as measured three feet above the base of the trunk and other significant existing features for the proposed subdivision and adjacent property.
Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
Contours at intervals of five feet or less as required by the Board, including elevations on existing roads, and approximate grading plan if natural contours are to be changed more than two feet.
The width and location of any existing streets or public ways or places within or adjacent to 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 the Public Health Law; and profiles of all proposed water and sewer lines.
Storm drainage plan indicating the approximate location and size of proposed lines and their profiles, and connection to existing lines or alternate means of disposal.
Plans and cross sections showing the proposed location and type of sidewalks, steetlighting 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; the location of manholes, basins and underground conduits.
Preliminary designs of any bridges or culverts which may be required.
The proposed lot lines with 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.
All parcels within a current agricultural taxing district that lie within 500 feet of the subdivision shall be indicated on the plans and an agricultural data statement will be submitted to the Zoning Board of Appeals for distribution by the Town Clerk.
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by substantial monuments of such size and type as approved by the Town Highway Superintendent and shall be referenced and shown on the plat.
If the application covers only a part of the subdivider's entire holding, a map of the entire tract, drawn at a scale of not less than 400 feet to the inch, showing an outline of the platted area with its proposed streets and an indication of the probable future street system with its grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire tract, shall be submitted. The part of the subdivider's entire holding submitted shall be considered in light of the entire holding.
A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
At the discretion of the Zoning Board of Appeals, the applicant shall be responsible for providing all information necessary to make informed decisions regarding the environmental impacts of the proposed subdivision upon the natural, cultural and agricultural resources of the Town. Therefore, all information necessary for the Zoning Board of Appeals to make a determination of significance (e.g., positive declaration, negative declaration or conditioned negative declaration) under the New York state Environmental Quality Review Act (SEQRA) must be submitted prior to approval of a preliminary plat.
§ 139-76 Final subdivision plat and accompanying data.
The following documents shall be submitted for final subdivision plat approval:
The plat to be filed with the County Clerk shall be printed upon linen or other material acceptable to the County Clerk. The size of the sheets must be a minimum of 8 1/2 inches by 11 inches or a maximum of 34 inches by 44 inches, including a margin for binding of two inches outside of the border along the left side and a margin of one inch outside of the border along the remaining sides. The plat shall be drawn at a scale of no more than 100 feet to the inch and oriented with the North point at the top of the map. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire subdivision with lot and block numbers clearly legible. A duplicate copy of such plat shall be filed in the office of the Town of Vernon Clerk and the office of the Oneida County Division of Real Property/Tax Service. The plat shall show:
Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located; the name and address of the record owner and subdivider; the name, license number and seal of the licensed land surveyor.
Street lines, pedestrianways, lots, reservations, easements and areas to be dedicated to public use.
Sufficient data to determine readily the location, bearing and length of every street line, lot line, boundary line and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system of plane coordinates, and in any event should be tied to reference points previously established by a public authority.
The length and bearing of all straight lines, the radii and length of curves and central angles of all curves and tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the property, location, graphic scale and true North point.
The plat shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces title to which is reserved by the developer. For any of the latter, there shall be submitted with the subdivision plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefor.
All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of the Town Attorney as to their legal sufficiency.
Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with the prevailing Town practice.
Permanent reference monuments shall be shown and shall be constructed in accordance with specification of the Town Highway Superintendent. When referenced to the state system of plane coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Town Highway Superintendent and their location noted and referenced upon the plat.
All lot corner markers shall be permanently located satisfactorily to the Town Highway Superintendent, at least 3/4 inch (if metal) in diameter and at least 24 inches in length, and located in the ground to existing grade.
Monuments of a type approved by the Town Highway Superintendent shall be set at all corners and angle points of the boundaries of the original tract to be subdivided, and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Town Highway Superintendent.
Construction drawings, including plans, profiles and typical cross sections, as required, showing the proposed location, size and type of streets, sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements and subbase, manholes, catch basins and other facilities.
§ 139-77 Waiver of provisions; conditions.
Where the Zoning Board of Appeals finds that due to the special circumstances of a particular plat, the provision of certain standards, fees or requirements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such standards, fees or requirements subject to appropriate conditions, provided that such waiver will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or this chapter.
In granting waivers, the Zoning Board of Appeals shall require such conditions as will, in its judgment, secure substantially the objectives of the standards, fees or requirements so waived.