Adopted by Local Law #1997
Amended by Local Law #1 2000
Amended by Local Law #1 2004
TABLE OF CONTENTS
ARTICLE 3 REVIEW AND APPROVAL PROCEDURE
SECTION 310 SKETCH PLAN CONFERENCE
SECTION 320 PROCEDURAL WAIVER
SECTION 330 SUBDIVISION PROCESS
SECTION 340 WAIVER OF REQUIRED IMPROVEMENTS
SECTION 350 MINOR SUBDIVISION REVIEW PROCEDURE
SECTION 360 MAJOR SUBDIVISION REVIEW PROCEDURE
ARTICLE 4 DOCUMENTS TO BE SUBMITTED
SECTION 410 GENERAL
APPLICATION REQUIREMENTS FOR ALL SUBDIVISIONS
SECTION 420 MINOR SUBDIVISION
- ADDITIONAL INFORMATION
SECTION 430 PRELIMINARY
PLAT - MAJOR SUBDIVISION - ADDITIONAL INFORMATION
SECTION 440 FINAL
PLAT - MAJOR SUBDIVISION - APPLICATION REQUIREMENTS
SECTION 450 WAIVER
OF SUBMISSION REQUIREMENTS
ARTICLE 5. DESIGN STANDARDS AND REQUIRED IMPROVEMENTS
SECTION 505 ROAD DESIGN STANDARDS
SECTION 510 PUBLIC UTILITIES
SECTION 525 LOTS
SECTION 530 UNIQUE AND NATURAL FEATURES
SECTION 535 UNSUITABLE LAND FOR SUBDIVISION
ARTICLE 6 INSTALLATION OF IMPROVEMENTS
SECTION 610 GENERAL
SECTION 620 CONDITIONS
SECTION 630 EXTENSION OF TIME
SECTION 640 AGREEMENT - SCHEDULE OF IMPROVEMENTS
SECTION 650 INSPECTIONS
SECTION 660 ACCEPTANCE OF ROADS AND FACILITIES
SECTION 670 MAINTENANCE GUARANTEE
ARTICLE 7 CLUSTER DEVELOPMENT
SECTION 710 AUTHORITY
SECTION 720 APLICABLE PROVISIONS
SECTION 730 GENERAL CRITERIA FOR CLUSTER DEVELOPMENT
SECTION 740 REQUIRED CLUSTERING
SECTION 750 DETERMINATION OF OVERALL DEVELOPMENT DENSITY
SECTION 760 APPROVAL OF CLUSTER OPEN SPACE
SECTION 770 USE OF CLUSTER OPEN SPACE
SECTION 780 UNDEDICATED CLUSTER OPEN SPACE
ARTICLE 8 MISCELLANEOUS PROVISIONS
SECTION 810 PENALTY PROVISIONS
SECTION 820 AMENDMENTS
SECTION 830 SEVERABILITY
SECTION 840 EFFECTIVE DATE
2. By authority of this Local Law, the Town of Champion Planning
Board is authorized and
empowered to:
A. Approve, conditionally approve, or disapprove plats
showing lots, blocks, or sites, with or
without roads or highways within that part of the Town of Champion outside the
limits of any
incorporated village.
B. Pass and approve the development of entirely or partially undeveloped
plats already filed in
the Office of the County Clerk.
C. Approve or Disapprove changes in the lines of existing streets, highways,
or public areas
shown on subdivision plats
or maps filed in the Office of the County Clerk.
D. Approve or disapprove the laying out of streets, highways, or public areas
in such plots
within that part of the Town of Champion outside the limits of any incorporated
village.
ADMINISTRATIVE EXPENSES: All actual expenses
incurred by the Town in the processing of an
application. Such expenses may include cost of copying and publication of legal
notices.
AGRICULTURAL DATA STATEMENT: An identification
of farm operations within an agricultural
district located within 500 feet of the boundary
of property upon which an action requiring municipal
review and approval by the planning board, zoning
board of appeals, or town board pursuant to
Article 16 of the Town Law.
AGRICULTURAL DISTRICT: A district created by the
County Board of Supervisors according to
Agriculture and Markets Law Article
COMPREHENSIVE PLAN: The materials, written and\or
graphic, including but not limited to maps,
charts, studies, resolutions, reports and other descriptive material that identify
the goals, objectives,
principles, guidelines, policies, standards, devices and instruments for the
immediate and long-range
protection, enhancement, growth and development of the town located outside
the limits of any
incorporated village or city.
CONSOLIDATION: The merger of separate lots into a single lot.
DRY SEWER: Sewer lines required to be installed in
a subdivision, which are not connected to a public sewer system but the subdivision
is located in an area of the town deemed to have sufficient population density
or potential to merit community sewer systems in the future.
FARM OPERATION: The land used in agriculture
production, farm buildings, equipment and farm
residential buildings.
LOT: A parcel of land as described on a survey or deed and filed with the County Clerk.
LOT LINE ADJUSTMENT: The shifting of a lot
line between contiguous lots of land. Lot line
adjustments shall not create non-conforming lots.
OFFICIAL SUBMISSION DATE: The date that the
following requirements have been satisfied.
1. a Negative Declaration is filed or a Notice of Completion of the Draft Environmental
Impact
Statement has been filed in accordance with the provisions of the State Environmental
Review Act;
2. all required information as set forth in Article 4;
3. all fees for a preliminary or final plat have
been paid.
PLANNING BOARD: The Town of Champion Planning Board.
PLAT, FINAL: A drawing, in final form, showing a
proposed subdivision containing all information
or
detail required by law and by this Law to be presented to the Planning
Board for approval, and which
if approved, may be duly filed or recorded by the applicant in the Office of
the County Clerk.
PLAT, PRELIMINARY: A drawing or drawings clearly
marked "preliminary plat" showing the layout of
a proposed subdivision and of sufficient detail
to apprise the Planning Board of the layout
of the
proposed subdivision.
REVIEW EXPENSES: All actual expenses incurred
by the Town in the review of an application.
Such costs may include consultant fees covering planning, engineering, environmental
analysis,
legal review and other technical services required for a proper and thorough
professional review of
the application.
ROAD,APPROVED PRIVATE: A road serving a lot or lots which do not abut a public road,which has been approved pursuant to Section 505 of this Subdivision Law
ROAD, MAJOR: A road intended to serve heavy flows
of traffic from minor roads or a road serving
business properties.
ROAD, MINOR: A road intended to serve primarily as an access to abutting residential properties.
SKETCH PLAN: A sketch of a proposed subdivision
to enable the subdivider to save time and
expense in reaching general agreement with the Planning
Board as to the form of the layout and
objectives of this Law.
SUBDIVISION: Division of any lot into two (2)
or more lots, blocks or sites for the purpose of
conveyance, transfer of ownership, improvement, building development or sale.
The term subdivision
shall include re-subdivision. Lot line adjustments
and consolidations shall not be considered a
subdivision. Agricultural subdivisions are exempt from these regulations.
SUBDIVISION, AGRICULTURAL: A subdivision that
is for agricultural purposes only, does not
involve the creation of a new road and does not include more than one lot
of less than five (5) acres.
SUBDIVISION, MAJOR: A subdivision
containing five (5) or more lots, or any subdivision
requiring a
new road.
SUBDIVISION, MINOR: A subdivision
containing less than five (5) lots, fronting on an existing
public
road.
TOWN ENFORCEMENT OFFICER: Any person appointed,
designated, or otherwise retained by the
Town Board to carry out the functions assigned to such person according to this
law.
UNDEVELOPED PLAT: Those plats where twenty percent
(20%) or more of the lots within the plat
are unimproved unless existing conditions, such as poor drainage, have prevented
their
development.
ZONING LAW: Zoning Law of the Town of Champion.
1. The proposed subdivision does not involve the creation of more than two lots.
2. The applicant has provided evidence acceptable to the Planning
Board that all proposed lots conform to the
requirements of the zoning law. Such evidence may consist of proposed deeds,
plot plans or surveys of the lands
included in the proposed subdivision, or of part of the lands included in the
proposed subdivision where such
part provides the Planning Board with evidence
sufficient to make a determination.
3. The proposed subdivision has no negative environmental significance pursuant
to 6 NYCRR Part 617.
Proposed subdivisions shall be determined by the Planning Board to be either minor or major as defined in this law, and shall follow the procedures as summarized below:
Minor subdivision shall follow the procedures of Section
350 of this law, summarized as follows:
1. Submission of application for final plat approval.
2. Planning Board review.
3. Public hearing.
4. Planning Board action on final plat.
5. Filing of plat in office of county clerk by subdivider.
Major subdivisions shall follow the procedures of Section 360 of this law,
summarized as follows:
1. Submission of application for preliminary plat approval.
2. Planning Board review.
3. Public hearing.
4. Planning Board action on preliminary
plat.
5. Submission of application for final plat
approval.
6. Planning Board review.
7. Public hearing (optional).
8. Planning Board action on final plat.
9. Filing of plat in office of county clerk by subdivider.
Where the Planning Board finds that, due to
the special circumstances of a particular plat, the provision of certain required
improvements 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 requirements subject to appropriate conditions, provided that such waiver
will not have the effect of nullifying the intent and purpose of the zoning
law. In granting waivers, the Planning Board
shall require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so waived.
1. SUBMISSION OF APPLICATION. Applications shall be submitted to the Planning
Board. Fees shall be submitted to the Town Clerk. The application shall contain
all items as required in Article 4 of this law.
2. ACCEPTANCE OF COMPLETED APPLICATION--OFFICIAL SUBMISSION DATE. The application shall not be considered complete until 1) all information as required in Article 4 of this law is provided, 2) either a negative declaration has been filed, or a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of 6 NYCRR Part 617, and 3) a nonrefundable application fee has been paid. Upon acceptance of a completed application, the Planning Board shall establish the official submission date of the application.
3. AREA VARIANCE. In order to expedite the review process, where the application shows lots which are not in compliance with the zoning law, the Planning Board may, at its discretion and upon agreement with the applicant, stay the review process and refer the application to the zoning board of appeals for the consideration of an area variance review without the necessity of disapproving the application and requiring its resubmission.
4. PUBLIC HEARING. Following the review of the application and supplementary material submitted in conformance with this law, and following negotiations with the subdivider on changes deemed advisable, the Planning Board shall hold a public hearing. This hearing shall be held within 62 days of the official submission date of the application. The subdivider shall attend the hearing. This hearing shall also fulfill the requirements of the State Environmental Quality Review Act for the draft environmental impact statement, where such hearing may be required. The hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before the hearing. The hearing shall be closed within 120 days after it has been opened.
5. ACTION ON APPLICATION. The Planning Board shall by resolution 1) grant final approval by the signature of the Planning Board chairman on the plat, 2) conditionally approve, with or without modifications (see Subsection 6. below), or 3) disapprove the application. Such action shall be taken within 62 days of the close of the public hearing. The time in which the Planning Board must take action may be extended by mutual consent of the subdivider and the Planning Board. The subdivider shall be notified of the final action of the Planning Board. If disapproved, the grounds for disapproval shall be stated in the record of the Planning Board, including reference to the provisions violated by the application.
6. CONDITIONAL APPROVAL OF APPLICATION. The application shall be certified by the Planning Board within five days of conditional approval. A copy shall be filed with the Planning Board, and a copy provided to the subdivider along with a statement of the requirements that shall accompany the application which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of an application shall expire 180 days after the date of the resolution granting conditional approval. The Planning Board may extend the expiration time, not to exceed two additional periods of 90 days each. Upon Planning Board acceptance of the completion of the conditional approval requirements as stated in the conditional approval resolution, the Planning Board chairman shall sign the plat, granting final approval.
7. FILING OF PLAT. The subdivider shall file the plat, or section thereof, in the office of the county clerk within 62 days after the date of final approval; otherwise the plat shall be considered void and must again be submitted along with complete application and appropriate fees to the Planning Board for approval before filing in the office of the county clerk. When filing a plat which has been approved pursuant to the provisions of Article 7 (Cluster Development) of this law, a copy of the plat shall be filed with the Town Clerk who shall make appropriate notations and references thereto in the Town Zoning Law or map.
8. MODIFICATION OF DESIGNS AFTER APPROVAL. If at any time it is demonstrated that unforeseen conditions make it necessary to modify the location or design of improvements required by the Planning Board, the board may authorize such modifications, provided these modifications are within the spirit and intent of the board's approval and do not substantially alter the function of any such improvement required by the board. Any such authorization issued under this section shall be in writing and shall be entered into the record of the board.
1. PRELIMINARY PLAT PROCEDURE. The preliminary plat review procedure shall follow
the steps outlined for minor subdivision approval as set forth in Sections 350,
1. (Submission of Application) through Section 350, 4. (Public Hearing) of this
law, and shall then continue with the provisions of this Article as follows.
2. PRELIMINARY ACTION. Within 62 days of the close of the public hearing, the Planning Board shall approve, with or without modifications, or disapprove the preliminary application and state its reasons for disapproval. The time in which the Planning Board must take action may be extended by mutual consent of the subdivider and the Planning Board. Within five days of approval, the action of the Planning Board shall be noted on three copies of the preliminary plat and reference made to any modifications determined. One copy shall be returned to the subdivider and the other two copies retained by the Planning Board.
3. EFFECT OF APPROVAL. Approval of a preliminary application shall not constitute approval of the final application, but shall be a guide to the preparation of the final plat. Before submission of the final plat or any portion thereof for formal approval, the subdivider shall comply with this law and all requirements set forth by the Planning Board in their review of the preliminary plat.
4. APPLICATION--FINAL PLAT. All major subdivisions shall require final application approval by the Planning Board. If the final application is not submitted for approval within six months of preliminary application approval, the planning board may revoke the preliminary application approval. The subdivider shall file an application with appropriate fees for final application approval, accompanied by documentation as specified in Article 4 (Documents to be Submitted) of this law, with the Planning Board. Such application shall be submitted at least ten days prior to the meeting at which it is to be considered by the Planning Board.
5. OFFICIAL SUBMISSION DATE. The Planning Board shall establish an official submission date for the major subdivision final application. Such date shall be the date that the Planning Board determines the application to be complete, including all information required in Article 4 (Documents to be Submitted) of this law.
6. PUBLIC HEARING. A public hearing may be held by the Planning Board after a complete application is filed and prior to rendering a decision. This hearing shall be held within 62 days of the official submission date of the application. The subdivider shall attend the hearing. The hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before the hearing. The hearing shall be closed within 120 days after it has been opened. The public hearing may be waived by the Planning Board if the final application is in substantial agreement with the preliminary application. If the final application is not in substantial agreement with the approved preliminary application, then the public hearing shall be conducted.
7. GUARANTEES FOR REQUIRED IMPROVEMENTS. In order that the Town has the assurance that construction and installation of public improvements will be guaranteed, the applicant shall either 1) construct all improvements as required by this law, and by the Planning Board, prior to final approval of the application, or 2) furnish guarantee as provided in Town Law Section 277.
8. FINAL ACTION. The Planning Board shall by resolution 1) grant final approval by the signature of the Planning Board chairman on the plat, 2) conditionally approve, with or without modifications (see Subsection 9. below), or 3) disapprove the application; within 62 days of the close of the public hearing. If the public hearing has been waived, the Planning Board shall act within 62 days of the final application official submission date. The time in which the Planning Board must take action may be extended by mutual consent of the subdivider and the Planning Board. The subdivider shall be notified of the final action of the Planning Board. If disapproved, the grounds for disapproval shall be stated in the record of the Planning Board, including reference to the provisions violated by the application.
9. CONDITIONAL APPROVAL. The application shall be certified by the Planning Board within five days of conditional approval. A copy shall be filed with the planning board, and a copy provided to the subdivider along with a statement of the requirements that shall accompany the application which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of an application shall expire 180 days after the date of the resolution granting conditional approval. The Planning Board may extend the expiration time, not to exceed two additional periods of 90 days each. Upon Planning Board acceptance of the completion of the conditional approval requirements as stated in the conditional approval resolution, the Planning Board chairman shall sign the plat, granting final approval.
10. APPROVAL OF PLATS IN SECTIONS. Prior to granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be divided into two or more sections and may in its resolution granting conditional or final approval state such requirements as it deems necessary to insure the orderly development of the plat be completed before such sections may be signed by the Planning Board chairman. Conditional or final approval of the sections of a final plat, subject to any conditions imposed by the Planning Board, shall be granted concurrently with conditional or final approval of the plat. In the event the owner shall file only a section of such approved plat in the office of the county clerk, two copies of the entire approved plat shall be filed within 30 days of the filing of such section with the Town Clerk. Such section shall encompass at least ten percent of the total number of lots contained in the approved plat and the approval of the remaining sections of the approved plat shall expire unless said sections are filed in the office of the county clerk within three years of the filing of the first section with the county clerk.
11. FILING OF PLAT. The subdivider shall file the plat, or section thereof, in the office of the county clerk within 62 days after the date of final approval; otherwise the plat shall be considered void and must again be submitted along with complete application and appropriate fees to the Planning Board for approval before filing in the office of the county clerk. When filing a plat which has been approved pursuant to the provisions of Article 7 (Cluster Development) of this law, a copy of the plat shall be filed with the Town Clerk who shall make appropriate notations and references thereto in the Town Zoning Law or map.
12. MODIFICATION OF DESIGNS AFTER APPROVAL. If at any time it is demonstrated that unforeseen conditions make it necessary to modify the location or design of improvements required by the Planning Board, the board may authorize such modifications, provided these modifications are within the spirit and intent of the board's approval and do not substantially alter the function of any such improvement required by the board. Any such authorization issued under this section shall be in writing and shall be entered into the record of the board.
13. PUBLIC ACCEPTANCE OF IMPROVEMENTS. The approval by the Planning Board of
a subdivision plat shall not be deemed to constitute or be evidence of any acceptance
by the Town of any road, park, playground, recreation area, easement, public
utility, or any other improvement. The plat shall be endorsed with appropriate
notes to this effect. The Planning Board 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 costs of developing and maintaining
any such improvements.
2. Map of property, drawn to scale, at a scale of one (1) inch to fifty (50)
feet, one (1) inch to one
hundred (100) feet or one (1) inch to two hundred (200) feet. Other scales may
be used with
Planning Board approval.
A. subdivision name, scale, north arrow and date.
B. subdivision boundaries.
C. Contiguous properties and names of owners.
D. Existing and proposed roads, utilities, and structures.
E. Water courses, marshes, wooded areas, public facilities and other significant physical
features on or near the site.F. Proposed pattern of lots, including lot widths and depths, road layout, open space,
drainage, sewerage, and water supply.G. Land contours at ten (10) feet intervals, or other suitable indicators of slope.
H. Zoning districts for all properties.
I. Proposed alterations to existing topography.
3. Copy of appropriate tax maps
4. Existing restrictions on the use of land including easements, covenants and zoning.
5. Total acreage of subdivision and number of lots proposed.
6. Building types, approximate size and cost.
7. An Agricultural Data Statement, when applicable..
8. A statement of the nature and extent of the interest of any state employee,
or officer or employee of the Town in the applicant pursuant to General Municipal
Law Section 809, when applicable.
9. An environmental assessment form (EAF) and, when applicable, a draft environmental
impact statement (EIS) pursuant to 6 NYCRR Part 617
.
10. A nonrefundable application fee.
The following shall be submitted with all applications for approval of a plat
for a minor subdivision:
1. One copy of the plat suitable for submission to the County Clerk, drawn with
ink on appropriate material.
2. Five paper copies of the plat.
3. Information specified under Section 410 above, updated and accurate.
4. Sufficient data acceptable to the Planning Board to readily determine the
location, bearing and length of every street line,
lot line, and boundary line; such data shall be sufficient to allow for the
reproduction of such lines on the ground.
5. Copy of such covenants or deed restrictions as are intended to cover all
or part of the tract.
6. Additional information as deemed necessary by the Planning Board.
1. Five (5) copies of the plat map, drawn to scale. The map scale shall be
one (1) inch to one
hundred (100) feet unless otherwise specified by the Planning
Board.
2. All information specified under Section 410, updated and accurate.
3. Parcels of land proposed to be dedicated to public use and the conditions
of such use.
4. Grading, landscaping and erosion control plans showing all existing and proposed
contours at five feet or less intervals.
5. The width and location of any streets or public ways and the width, location,
grades and street profiles of all streets or public ways proposed by the developer.
6. The approximate location and size of all proposed water lines, hydrants and
sewer lines, showing connection to existing lines.
7. Drainage plan, indicating profiles of lines or ditches and drainage easements
on adjoining properties with the direction of flow.
8. Plans and cross sections showing sidewalks, street lighting, streetside trees,
curbs, water mains, sanitary sewers and storm drains, the character, width and
depth of pavements and subbase of all streets and parking lots, and the location
of any underground cables
9. Preliminary designs for any bridges or culverts.
10. The proposed lot lines with approximate dimensions and area of each lot.
11. An actual field survey of the boundary lines of the tract, giving complete
description by bearings
and distances, made and certified by a licensed surveyor. The corners of the
tract shall also be
marked by monuments of such size and type as approved by the Planning
Board, shown on the
plat.
12. A copy of all covenants, easements or deed restrictions intended to cover
all or part of the tract and a statement by the attorney of the developer and
over the signature of the developer or his authorized agent holding the Town
harmless to any and all disputes arising over alleged violations of covenants,
easements, or deed restrictions as a result of the development.
13. Where the preliminary plat submitted covers only a part of the subdivider's
entire holding, a sketch of the prospective future street and drainage system
of the unsubdivided part shall be submitted for study to the Planning Board.
14. Additional information as deemed necessary by the Planning
Board.
1. One copy of the plat to be submitted to the County Clerk, drawn with ink
on suitable materials, plus five copies. The map scale shall be one inch to
100 feet unless otherwise specified by the Planning Board.
2. Proposed subdivision name and the name of the town and county in which the
subdivision is located; the name and address of record owner and subdivider;
name, address, license number and seal of the surveyor and/or engineer.
3. Street lines, pedestrian ways, lots, easements and areas to be dedicated
to public use.
4. Sufficient data acceptable to the Planning Board to determine readily the
location, bearing and length of every street line, lot line, boundary line;
such data shall be sufficient to allow for the reproduction of such lines on
the ground.
5. The length and bearing of all straight lines, radii, length of curves and
central angels of all curves; tangent bearings shall be given for each street.
All dimensions of the lines of each lot shall also be given. The plat shall
show the boundaries of the property, locations, graphic scale, and true north
point. Such data shall be sealed by a licensed land surveyor.
6. Offers of cession and any covenants governing the maintenance of unceded
open space shall bear the certificate of approval of the Town Attorney as to
their legal sufficiency.
7. Permanent reference monuments shall be shown and constructed in accordance
with Planning Board specifications.
8. Approval of the State Health Department of water supply systems and sewage
disposal systems proposed or installed.
9. Construction drawings sealed by licensed engineer or architect, including
plans, profiles, and typical cross sections, as required, showing the proposed
location, size and type of street, sidewalks, street lighting standards, streetside
trees, curbs, water mains, sanitary sewer or septic systems, storm drains or
ditches, pavements, and subbase and other facilities.
10. Evidence of legal ownership of property.
11. Deed restrictions, existing and proposed in form of recording.
12. Certification that the subdivider has complied with one of the following
alternatives:
A. All improvements have been installed
in accord with requirements of this law and with the action of the Planning
Board giving approval of the preliminary plat, or
B. A performance guarantee has been
posted in sufficient amount to assure such completion of all required improvements.
13. Any other data such as certificates, affidavits, endorsements or other agreements
as may be required by the Planning Board in enforcement of this law.
14. A nonrefundable application fee.
1. The Planning Board reviews and approves
the arrangement, width, location and extent of all
proposed roads, after consulting the Town Highway Superintendent and the Town
of Champion
Road Design Law. All road improvements shall be installed at the expense of
the subdivider.
2. An Approved Private Road shall have a right-of-way no less than 50 feet in width and shall extend from the public road to and along the parcel to be subdivided.
A. In the event that the Approved Private Road shall terminate at a dead end, there shall be provided by the subdivider in addition to the right-of-way above specified, a turn around area which shall be of the same construction and quality as the Approved Private Road and which is no less that 50 feet in length as measured on a continuation of the centerline of the Approved Private Road, and which shall be no less than 100 feet in width measured along an axis which is perpendicular to the center line of the Approved Private Road.
3. The deed conveying the subdivided parcel shall grant in perpetuity a right-of-way to the grantee of the subdivided parcel allowing ingress and egress over the Approved Private Road as a right appurtenant to said subdivided parcel.
4. At the time of application to the Planning board, the subdivider shall cause to be prepared and submitted along with said application a road reservation and maintenance agreement which shall provide that a portion of the subdivider's land is reserved for the purposes of an Approved Private Road for the benefit of the subdivider and any subsequent grantee of a lot as subdivided.
A. Said road reservation and maintenance agreement shall provide for maintenance of the Approved Private Road by the subdivider.
B. Said road reservation and maintenance agreement shall provide that the Approved Private Road will be kept in good, safe, and passable condition at all times, free and clear of any and all hazards which would endanger any party using said Approved Private Road.
C. Said road reservation and maintenance agreement shall be executed by the subdivider, properly acknowledged, and recorded in the deed records maintained in the Office of the Jefferson County Clerk. Said road and reservation agreements shall contain a description of the subdivider's property in metes and bounds fashion and shall be indexed against the subdivider's name, in the Jefferson County Clerk's Office.
D. Said road reservation and maintenance agreement shall provide that any road built on or adjacent to the subdivider's parcel shall be subject to said road reservation and maintenance agreement.
E. Said road reservation and maintenance agreement may provide for modification of the road reservation and maintenance agreement by the addition of any subsequent grantee of a lot as subdivided. Said road reservation and maintenance agreement may provide for a shared maintenance obligation between the subdivider and any subsequent grantee of a lot as subdivided.
F. Said road reservation and maintenance agreeement shall provide that the subdivider and any susequent grantee of a subdivided parcel will indemnify and hold harmless the Town of Champion from any claim or cause of action based upon or arising out of the design, installation, maintenance or use of said Approved Private Road.
4. The Town of Champion shall not inspect, repair, construct or maintain the Approved Private Road.
1. Fire Protection: The size, type and location of hydrants shall be approved
by the Town
Engineer.
2. Street Lighting: Poles, brackets and lights to be of size, type and location
approved by the local
power company.
3. Electricity: Power lines shall be placed underground and shall be approved
by the local power
company.
4. Utility Services: Shall be located from six (6) to eight (8) feet from the
front property line to the
center line of the utility service between the sidewalk and curb line.
5. Water Supply: All wells shall be installed at the expense of the Subdivider.
6. Sewage Disposal: Sewage Disposal Systems shall be installed at the expense
of the
Subdivider. All sewage disposal systems shall meet the requirements of the New
York State
Department of Health and Department of Environmental Conservation to the satisfaction
of the
Planning Board. Dry sewers may be required in
those parts of the Town deemed to have
sufficient population density to merit community sanitary sewer systems in the
future. Such
requirements shall be in harmony with the Comprehensive
Plan for the Town.
2. DIMENSIONS. The lot size, width, depth, shape and
area shall comply with the Town Zoning
Law.
3. DOUBLE FRONTAGE LOTS. Fronting on two roads other than corner lots, shall
be
discouraged.
4. PEDESTRIAN EASEMENTS. In order to facilitate pedestrian access from roads
to schools,
parks, play areas or nearby roads, perpetual unobstructed easements at least
twenty (20) feet
wide may be required by the Planning Board.
In heavy traffic areas, sidewalks may be required
in addition.
5. LOT LINES. Side lot lines shall be approximately at right angles of the road
or radial to curved
roads. On large size lots and except when indicated by topography, lots lines
shall be straight.
6. CORNER LOTS. lots for residential use shall have extra width to permit appropriate
building
setback from and orientation to both roads.
7. UNDERSIZED LOTS Notwithstanding any provision of law to the contrary, where
a plat
contains one or more lots which do not comply with the
zoning law, application may be made to
the zoning board of appeals for an area variance pursuant to Section 267b of
Town Law,
without the necessity of a decision or determination of the zoning law. In reviewing
such
application, the zoning board of appeals shall request the Planning
Board to provide a written
recommendation concerning the proposed variance.
1. Construct all improvements directly affecting the subdivision
as required by this Law and by the
Planning Board prior to final approval of the
Plat.
2. In lieu of the completion of the improvements, furnish bond executed by
a surety company
equal to the cost of construction of such improvements as shown on the plans
and based on an
estimate furnished by the applicant and approved by the Planning
Board. Costs should be
considered as future costs.
3. In lieu of the completion of improvements, deposit a certified check in
sufficient amount equal
to the cost of construction of such improvements as shown on the plans and based
on the
above estimate. Interest income from deposit to be applied as necessary to offset
any shortfall.
The performance bond or certified check shall be to the Town and shall provide
that the subdivider,
his heirs, successors, and assigns, their agent or servants, will comply with
all applicable terms,
conditions, provisions, and requirements of this law; will faithfully perform
and complete the work of
constructing and installing such facilities or improvements in accordance with
such laws and
regulations.
Any such bond shall require the approval of the Champion Town Board and the
Town Attorney as to
form sufficiency, manner of execution, and surety.
Whenever a certified check is made, the same shall be made payable to the Town.
SECTION 660 ACCEPTANCE OF ROADS AND FACILITIES
When the Town Enforcement Officer and the
Town Highway Superintendent, following final
inspection of the subdivision, certifies to the Planning
Board and the Town Board that all installation
and improvements have been completed in accordance with the subdivider's contract,
the Town
Board may, by resolution, proceed to accept the facilities for which bond has
been posted or check
deposited, or letter of credit issued.
1. Such work is guaranteed for a minimum of two (2) years after it is completed and inspected.
2. Such work is guaranteed for a minimum of ten (10) percent of the total improvement
costs or
$5,000, whichever is greater.
The method of providing the maintenance guarantee shall meet the approval of
the Town Board and
the Town Attorney.
The Planning Board may consider, or require, applications for major subdivisions
which include the following deviations from the zoning law for any one of the
following purposes:
1. To eliminate side and rear yard requirements to allow for innovative attached
housing types;
2. To reduce side and rear yard requirements for existing structures on the
site of a plat where, in unique and special circumstances, it will result in
the more efficient use of land;
3. To reduce lot areas, widths, depths, yard sizes, lot coverage, and road frontages
to accomplish cluster development.
The Planning Board may allow, or require, cluster development when the proposed
development:
1. Will be in harmony with the general purpose, goals, objectives, and standards
of the comprehensive plan and this law;
2. Complies with all applicable provisions of the zoning law, except as modified
pursuant to the authority of this law;
3. Will not have a substantial or undue adverse effect upon adjacent property,
the character of the neighborhood, traffic conditions, parking, utility facilities,
and other matters affecting the public health, safety, and general welfare;
4. Will be constructed, arranged, and operated so as not to dominate the immediate
vicinity or to interfere with the development and use of neighboring property;
5. Will be served adequately by essential public facilities and services such
as roads, parking spaces, police and fire protection, drainage structures, refuse
disposal, water and sewers, and schools; and
6. Will not result in the destruction, loss, or damage of any natural, scenic,
or historic feature of significant importance.
Cluster development may be required by the Planning Board to meet any one of
the following objectives:
1. The clustering of development will reserve open space, recreational areas,
large groves of trees, water courses and falls, beaches, historic spots, vistas
and other similar assets, in furtherance of the comprehensive plan for the community;
2. The clustering of development will aid in the provision of road right-of-ways
or for the protection of future road right-of-ways in furtherance of the comprehensive
plan for the community;
3. The clustering of development will provide for the more economical and efficient
provision of municipal utilities and road services.
Cluster development subdivision applications shall include the submission of a sketch plat showing a conventional, unclustered subdivision which complies with all provisions of the zoning district in which it is located. The purpose of this sketch plat shall be to aid the Planning Board in determining the maximum number of dwelling units permissible, the overall development density, on the parcel under the zoning law. All lots on the sketch plat shall be buildable lots. The Planning Board shall make a determination of the maximum permissible number of dwelling units permissible on the parcel prior to the acceptance of an application for a cluster development subdivision.
The area, configuration, location, ownership, use and maintenance of residual open spaces created by clustering shall be subject to review and approval of the Planning Board. In the case of land offered for dedication to the public by the subdivider, the Town Board may, by resolution, accept the offer of dedication. In no case shall the Town Board be obligated to accept an offer of dedication.
Cluster open space may be made accessible to all residents of the subdivision or available for the use of the general public unless the Planning Board finds that the size, location, type of development, or cost of development or maintenance of such cluster open space, or the availability of public open space, would make public use undesirable or unnecessary.
If cluster open space is not dedicated to public use, it shall be protected
by legal arrangements, satisfactory to the Planning Board; sufficient to assure
its maintenance and preservation for whatever purpose it is intended. Covenants
or other legal arrangements shall specify ownership of the cluster open space;
method of maintenance; responsibility for maintenance; maintenance taxes and
insurance; compulsory membership and compulsory assessment provisions; guarantees
that any association formed to own and maintain cluster open space will not
be dissolved without the consent of the Planning Board; and any other specifications
deemed necessary by the Planning Board.
A. Any violation of this law is an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $750 nor more than $1000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
B. The Town Board may institute any appropriate action or proceedings to prevent
unlawful division of land, to restrain, correct or abate any violation of this
law, or to prevent the use or occupancy of said land; and upon the refusal of
the Town Board to institute any such appropriate action or proceeding for a
period of ten days after written request by a resident taxpayer of the Town
so to proceed, any three taxpayers of the Town residing in the zoning district
wherein the violation exists, who are jointly or severally aggrieved by such
violation, may institute such appropriate action or proceeding in like manner
as such Town Board is authorized to do.
This law shall take effect upon filing in the Office of the Secretary of State and upon filing in the Office of the Town Clerk