(please Use this Fonn for Filing your Local Law with the Secretary of State)

Text of law should be given as amended. Do not include matter beingeliminated and do not use italics or underlining to indicate new matter.

County

~~~D of ;?h~.r.R.l,l.r.!).~ .Village

Local Law Nc> _ of tlae. year 19 .82 .

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Be it enacted by the .T.Q»'.n...aQ.arJi 'iN~~.~.L:;~i:I~,;~.&;4;) _ _ - of the

CoWlty

¥:~ or ~').~r..I;\\!X.!J~ 8S follows:

Village

(See dttdched)

IIJIf additional space is needed, please attach sheets of the same size as this and number ~ach)",

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ARTICLE I: ESTABLISHMENT, POLICY, TITLE, PURPOSE

Section 100 Establishment, Policy: By the authority of the resolution of theTown Board of the Town of Sherburne, adopted on , pursuant tothe provision of Article 16 of the Town Ldw of the State of New York, thePlanning Board of the Town of Sherburne is duthorized and enpowered to approveplats showing lots, blocks or sites, with or without streets or highways, toapprove the development of entirely or pdrtidlly undeveloped plats alreadyfiled in the Office of the Clerk of the County and to approve preliminaryplats, within that pdrt of the Town of Sherburne outside the limits of anyincorporated city or villdge. It is decldred to be the policy of the PldnningBoard to consider land subdivision pldts dS part of a plan for the orderly,efficient and economical development of the Town. This means, among other I

things, that land to be subdivided shall be of such character thdt it can beused safely for building purposes without danger to health or peril from fire,flood or other menace; that proper provision shall be made for drainage, watersupply, sewerage and other needed improvements; that all proposed lots shallbe so laid out and of such size as to be in harmony with the developmentpattern of the neighboring properties; ttldt the proposed streets shall composea convenient system conforming to the officidl mdp, if such exists, and shdllbe properly related to the proposals shown on the Master Pldn, if such exists,and shall be of such width, grade, dnd location dS to accomoddte theprospective traffic, to facilitate fire protection and to provide access ,offirefighting equipment to buildings; and that proper provision shall be madefor open spaces for parks and playgrounds.

Section 101. Title, Adoption: In order ~ldt land subdivisions may be made inaccordance with this policy, these regulations which shall be known as, andwhich may be cited as, the "Town of Sherburne Land Subdiv~sion Regulations",have been ddopted by the Pldnning Board on , and approved bythe Town Board on

Section 102. Purposes These regulations ore ddopted for the followingpurposes:

1. To protect and provide for the public hedlth, safety, and general welfareof the municipdlity.

2. To guide the future growth dnd development of the municipality, inaccorddnce with the Master Pldn, if such exIsts.

3. To provide for ddequdte light, air, dud privdcy, to secure safety fromfire, flood, dnd other danger, dnd to prevent overcrowding of the landand undue congestion of the population.

4. To protect the character and the socidl and economic stability of allparts of the municipality and the encourage the orderly and beneficialdevelopment of all parts of the municipality.

5. To protect dnd conserve the value of lcHld throuqhout the municipality dndthe value of buildings dnd improvements upon the ldnd, dnd to minimizethe conflicts among uses of land dnd buildings.

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6. To guide public and private policy dnd dction in order to provideadequate and eficient transportation, wdter, sewerage, schools, parks,playgrounds, recreation, and other public requirements and facilities.

7. To provide the most beneficidl reldtionship between the uses of land dndbuildings and the circulation of trafFic throughout the municipality,hdving pdrticuldr regard to the clvoiddnce of congestion in the streetsand highwdyS, and the pcdcstridn tr«lrr.ic movements dppropridte to theva r 1ous uses 0 r l dnd (HH.J hu j Jd i n~Js, rind 1.0 prov i de f or the properlocdtion and width of streets dnd buildilly j jnes.

8. To establish redsonable standdrds of design and procedures forsubdivisions and resubdivisions, in order to further the orderly layoutand use of land; and to insure proper legdJ descriptions and monumentingof subdivided land.

9. To insure thdt public Fdcilities dre dVdildbJe dnd will have a sufficientcapacity to serve the proposed subdivision.

10. To prevent the pollution of air, streams and ponds; to assure theadequacy of drainage facilities; to safeguard the water table; and toencourage the wise use dnd management of ndtural resources throughout themunicipality in order to preserve the integrity, stability, and beauty ofthe community and the value of the land.

11. To preserve the natural beauty and topography of the municipality and toinsure dppropriate development with regard to these natural features.

12. To provide for open spdces through the most efficient design and layoutof the ldnd, including the use of techniques such as clustering.

Performance Standards

The interpretation and reguldtions of this Subdivision Regulation Law willbe guided by the following performance criterid:

d. Will not result in undue wdter or dir pollution.

b. Has sufficient water dVdildble for the redsondbly forseedble needsof the subdivision or development.

c. Will not Cduse unreasonable burden on dn existing wdter supply, ifone is to be utilized.

d. Will not cause unredsondble soil erosion or reduction in thecapacity of the land to hold water SO thdt d ddngerous or unhealthycondition may result.

e. Will not Cduse unredsondble highwdy congestion or unsdfe conditionwith respect to use of the highwdy, existing or proposed.

f. Will not cause dn unreasonable burden on the ability of d

municipality to provide educutional services.

g. Will not place unreasonable burden on the dbility of the localgovernmental services.

h. Will not have dn undue adverse effect on the scenic or naturdlbeauty of the dred, desthetics, historjc sites or irreplaceablendturdl dredS.

i. Is in conformance with a duly adopted development plan, land useplan or land-capability pldn (statewide plans required by the law).

j. Is in conformance with any duly adopted local or regional pldn.

ARTICLE 2: DEFINITIONS

for the purpose of these reguldtions certdin words and terms shall havethe foll~ing meaning:

"Applicant" The owner of land proposed to be subdivided or hisrepresentative. Consent shall be required from the owner of the premises.

"Easement" Authorizdtion by d property owner for the use of any designatedpart of his property by dnother, dnd for rl specified purpose.

"Engineer or Licensed Profess iono 1 Lnq i!.'~:i." A person 1icensed dS d

professiondl engineer by the Stdte of New York or licensed in a stdte with d

reciprocal agreement with New York Stdte.

"Highway Superintendent" The Highway Superintendent as used in theseregulations shall mean the Town of Sherburne Superintendent of Highways or d

duly authorized or designated representdtlve.

"Lot" Any individual plot, parcel, tract or site of land identified on a I,

subdivision map or by recorded survey, deed, description, or metes and bounds,for the purpose of scale, lease donation, or separate use, with dimensionrequirements for individual lots consistent with Section 3.020 in the Town ofSherburne Sanitary Regulations.

"Lot Depth" Shall mean the horizontdl distdnce between the front and rear lotlines, measured in the general direct jon of the side lot lines.

"Lot Width" Shdl1 mean the width medsured dt right dngles to the lot depth.

"Master, Comprehensive or General Pldn" A comprehensive pldn, prepared by thePlanning Board pursuant to Section 272-d of the Town Law which indicates thegeneral locations recommended for varIous functional cldsses of public works,places and structures and for generai physicdl development of the Town andincludes any unit Of part of such plan sepdfdtely prepared and any amendmentto such plan or parts therein.

"Official Mdp" The mdp estdblished by the Town l)odrd pursuant to Section 270of the Town Ldw, showing streets, highways, dnd parks and drainage, bothexisting and proposed.

"Owner" Any person, group of persons, firm or firms, corporation orcorporations, or any other legal entity~having legal title to or sufficientproprietary interest in the land to be subdivided under these regulations.

"Planning Board" The Pldnning Board of the lown of Sherburne, ChenangoCounty, New York.

"Preliminary Plat" A drawing or drawings clearly marked "Preliminary Plat"showing the salient features of d proposed subdivision, as specified inArticle 4, Section 402 of these reguldtions, submitted to the Planning Boardfor purposes of consideration prior to submission of the Plat in final formand of sufficient detail to appraise the Planning BOdrd of the ldyout of theproposed subdivision.

"Resubdivislon" A change in d map of an approved or recorded subdivision platif such change affects any street layout on such map or area reserved thereonfor public usc, or any lot line; Of if it affects dny mdp or pldn legdllyr ecorded prio r totII e ddoP t ion 0 f d ny r e ~J 11 Jd t ion S con t r 0 I J i n9 subd i vis Ion s .

"Sketch Pldn" A sketch of d proposed subdivision showing the informationspecified in Article 4, SectIon 400 of these regulations to enable thesubdivider to save time dnd expense in reaching generdl agreement with the,Planning Board as to the form of the Idyout dnd objectives of theseregulations.

"Street" Include streets, roads, avenues, Janes, or other trafficways for aneighborhood or dS d feeder to d mcljor street.

"Street, Dead End or Cul-De-Sdc" A street or d portion of a street with onlyone vehicular traffic outlet.

"Street, Mdjor" A street which serves or is designed to serve heavy fl<?ws oftraffic and which is used primarily as d route for trdffic between communitiesand/or other hedvy traffic generating areas.

"Street, Minor" A street intended to serve primdrily as dn access to dbuttingresidentidl properties.

"Street, Pavement" The wearing or exposed surfdce of the roadway used byvehicular traffic.

"Street, Width" The width of a right-of-way, medsured at right angles to thecenter line of the street.

"Street, Collector" A street which serves or is designed to serve as d

trafficway for a neighborhood or as a feeder to a major street.

,"Subdivision" Any land, vacant or improved, which is divided or proposed tobe divided into three (3) or more lots, parcels, sites, units, plots, orinterests for the purpose of offer, sale, lease, or development, either on theinstallment plan or upon any and all other plans, terms, and conditions,within any consecutive five (5) year period, irlcluding resubdivision.Subdivision includes the division or development of Idnd whether by deed,metes dnd bounds description, devise, inLestdcy, m<Jp, pldt, or other recordedinstrument.

"Subdivision, Major" Any subdivision not classified as a Minor Subdivision,including, but not limited to, subdivisions of five or more lots, or any sizesubdivision requiring any new street or extension of municipal utilitie~.

"Subdivision Minor" Any subdivision containing not more than four or lessthan three lots and where the lot depth to lot width ratio of any lot doesnot exceed 3 to 1 and all Jots have d minimum road frontage of 250 feet, fronton dn existing street, and do not involve dny new street or road or theextension of municipal utilities and parcel or adjoining property and not inconflict with any provision or portion of the Mdster Plan, Official Map, orZoning Ordinance, if these exist, or these subdivision regulations. After twominor subdivisions have been developed in the same dred and by the sameappliCant, or his dgent, any subsequent~ubdivisionby said applicant in sucharea shall be considered a Major Subdivision and the appropriate proceduresfor Major Subdivisions, dS set forth in these regulations, shdll be followed.

"Subdivision Plat or findl Pldt" A drawing, in final form, showing a proposedsubdivision containing all information or detdil required by law dnd by thesesubdivision regulatIons to be presented to the Pldnning Board for approval,and which if approved, shall be duly filed or recorded by the applicant in theoffice of the County Clerk. A survey will be performed prior to final closingon the property.

"Subdivider" Any person who having an interest in land causes it directly orindirectly to be divided into d subdivision or who directly or indirectly,sells, leases, or develops, or offers to sell, lease, or develop, oradvertises for sale, lease, or development, any interest, lot, parcel site,unit, or plat in d subdivision, or who engages directly or through an agent inthe business of selling, ledsing, devleopinq, or offering for sale, ledse, ordevelopment d subdivision or any interest, lot, pdfcel site, unit, or plat ina subdivision, and who is directly or indirectly controlled by, or underdirect or indirect common control with any of the foregoing.

"Surveyor" A person licensed dS d lund surveyor by the State of New York.

·ARTICLE 3: PROCEDURE rOR SUBMITTING SUBDIVISION APPLICATIONS

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Section 300. When a subdivision of land .is proposed to be made and before dcontract for the sale of any lots, or any offer to sell any lots in suchsubdivision or any part thereof, is mdde, dnd before any permit for theerection of d structure in such proposed subdivision shdll be granted, theowner or his duly authorized agent shall dpply in writing for approval of suchproposed subdivision in accordance with tile procedures set forth in thisArticle 3.

Section 301. Sketch Plan

1. Submission of Sketch Plan: Any owner of land may, prior to subdividing orresubdivldlng land, submit to the Town Clerk at least 10 days prior to theregular meeting of the Planning Board two copies of a Sketch Plan of theproposed subdivision, which sholJ comply with the requirements of Section 400,for the classification dnd preliminary discussion.

2. Discussion of Requirements and Classification: The applicdnt, or his dulyauthorized representative, mdY attend the meeting of the Planning BOdrd to

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discuss the requirements of these regulations for street improvements,drainage, sewerage, water supply, flood protection, and similar aspects, aswell as the availability of existing services and other pertinent information.

At the time of the Planning Board meeting to review the Sketch Plan, theapplicant or his duly authorized representative shall be provided with anEnvironmental Assessment form. If the proposed subdivision has beenclassified as a Minor Subdivision, the applicant or his representative shdllreceive d short Environmental Assessment form unless the Planning Boarddetermines that a full Environmentdl Assessment form will be necessary. Ifthe proposed subdivision has been classified as a Major Subdivision, theapplicant or his representdtive shdll be provided with d full EnvironmentalAssessment form. The form shdll be submitted with the preliminary plat in thecase 0 f d Md j 0 r Su bd i v i. s ion 0 r wit" the f j ndIp L.t t j nthe c <.l 5 e 0 f aMi norSubdivision.

At this time the Planning Board shall cldssify the Sketch Plan as towhether it is a Minor or Major Subdivision as defined in these regulations(see Article 2). The Board may require, however, when it deems it necessaryfor protection of the public health, sdfety and welfare, that a MinorSubdivision comply with all or some of the requirements specified for MajorSubdivisions. If the Sketch Pldn is cldssified as a Minor Subdivision, theApplicant shall then comply with the procedure outlined in Section 302, 305,and 306 of these regulations. If such subdivision is classified as a MajorSubdivision, the applicant shdll comply wIth the procedures outlined inSections 303, 304, 305 dnd 306.

3. Study of Sketch Plan: The Planning Board shall determine whether theSketch Plan meets the purposes of these regulations dnd shall, where it deemsit necessary, make specific recommendations in writing to be incorporated bythe applicant in the next submission to the Pldnning BOdrd.

4. The Planning Board shall review the locdtion of the proposed subdivisionfor the presence of any adverse natural considerations limiting development onthe site dS indicclted'by the Ndturdl RCSOtlfCe Composite Maps on file in theTown offices. If the site fdlls into dredS on tt\C soils map denoted as having"moderate" "severe", or livery severe" limitdtion; within flood hazard areas,or areas of unique hydrologic or natural hdbitdt dredS, (including wetlands),the Planning Board may require the applicdnt to consult with the appropriatetechnical review or assistance dgencies (such dS, but not limited to the SoilConservation Service, the Stdte or County Hedlth Departments, Army Corps ofEngineers, and the Department of Environmentdl Conservation) to determineappropriate measures to mitigate or eliminate such problems or conflicts. Thefindings or recommenddtions of such dgcncies shdll not be binding on thePlanning Board or dpplicant.

The Planning Board may require that design techniques such as clustering(in accordance with zoning Section 308) be used to avoid development in thesecritical resource areas, and shall not approve d sketch plan which has failedto adequately address these critical resources concerns (soils, flood hazards,hydrologic and ndtural habitat resources).

Section.30Z. Approval of Minor Subdivision

1. Within 6 months after Planning Board classificdtion of the Sketch Plan asa Minor Subdivision, the applicant shall submit an dpplication for dpproval ofd Minor Subdivision Plat. Failure to do so may require resubmission of theSketch Pldn to the Planning Board for re-cldssificdtion. The Plat shallconform to the layout shown on the Sketch Plan plus dny conditions establishedby the Planning BOdrd. Sdid dpplication shall dlso conform to therequirements listed in Section 401. All submission for Minor Subdivision Pldtconsideration shall be dccompdnied by d fldt fee of $10.00.

2. Four copies of the subdivision (Final) Plat for a Minor Subdivision shallbe presented to the Town Clerk at least 10 ddys prior to a scheduled meetingof the Planning Board. The dpplicant or t\is duly authorized representative,shall attend the meeting of the Pldnning nOdrd to discuss the SubdivisionPldt.

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3. An environmental assessment form for the proposed subdivision shall beavailable for review at this meeting of the Planning Board. The statementshall consider potential impacts of the development.

4. A public hearing shall be held by the Planning Board within 45 days of thetime of submission of the Subdivision Plat for approval. Said hearing shallbe advertised at least once in d newspaper of general circulation in the townat least 5 days before such public hearing.

5. Planning Board shall, within 45 days from the date of said public hearingconditionally approve, with or without modifications, disapprove or approvesuch Minor Subdivision Plat and so Indicdte on the Plat. Failure to actwithin the stated time period, or a mutually agreed upon extension thereof,shall constitute approval of the plat. A resolution of conditional approvalshall also duly authorize and empower an officer of the Planning Board to signthe Plat subject to completion of such conditions as may be specified in saidresolution.

6. Within 5 days of the Planning Board resolution of conditional approval,the Minor Subdivision Plat shall be certified by the Planning Board asconditionally approved. A copy of such certification shall be filed in theoffice of the Town Clerk and a copy mailed to the applicant including anyconditions that must be met before the Plat can be signed.

Conditional approval of a Plat shall expire 180 days after the date ofthe resolution of approval. The Planning board may extend this time for anadditional two (2) ninety (90) day periods. Within such 180 day period, orany extension thereof granted by the Planning Board, the conditionallyapproved Plat must be submitted for the Pldnning BOdrd signature of finalapproval required by Section 302.5 of these regulations.

7. Upon receiving the signature of findl dpprovdl required by Section 302.5,the Minor Subdivision Plat shall be filed 1n the offices of the County Clerkin accordance with the provisions of Section 306 of these regulations.

Section 303. Preliminary Pldt for Major Subdivision

1. Within 6 months after Planning Board cldssificdtion of the Sketch Plan asa Major Subdivision, the applicant shall submit a Preliminary Plat inaccordance with Section 402 of these reguldtlons, except where a waiver of dnyrequirement mdY be speci.ficully duthorized by the Pldnning Elodrd.

2. Four copies of the Preliminary Pldt, cledr.Ly mdrked "Preliminary", shallbe presented to the Secretary of the Pldnning Board dt ledst ten days prior toa regular monthly meeting of the Planning Board.

An Environmental assessment (Appendix A) form for the proposedsubdivision shall be availdble for review at this meeting of the PlanningBoard. The stdtement should consider poLentidl impdcts of the development.

3. When dpplicdble in Chendngo County, the Secretary of the I)ldnning BOdrd,upon receipt of a Preliminary Plat, shall present d copy of said Plat to theCount) Planning Agency for revIew dnd report in accordance with the provisionsof Sec 239-n of Article 12-B of Generdl Municip<ll Law. The Chairperson of thePlanning Board, or other designated member of the Planning Board, shallpresent a copy of the Preliminary Pldt to any other County or State Agencywhich has or may have jurisdiction of review or approval of the subdivision.This may include but is not limited to review by the New York State HealthDepartment, or complidnce with tile New York Stdte Freshwater Wetlands Act(Article 24 and Title 23 of Article 71 of' Lhc Environmentdl Conservation LdW)and Stdte Pollution DischJrge [jimjnclt.ion System dS administered by theDepdrtment of Environmcntd.l Conscrvdtion. lr the subdivision meets dny Type Ithresholds listed in Pdrt 617.12 of the SlQR reguldtions, lCdd dgency for theSEQR process shall be determined dccordlng to procedures outlined in Section617.6 of the SEQR regulations.

4. The applicant, or his duly duthorlzed representdtive, shdll attend themeeting of the Planning Board to discuss the Preliminary Pldt .

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5. The Planning Board shall study the suitability of the Preliminary Plattaking into consideration the requirement of the community and the best use ofthe land being subdivided. Particular attention shall be given to thearrangement, location, and design of streets dnd their relation to thetopography, water supply, sewage disposal, drdinage, lot sizes andarrangement, potential flood hazards, the future development of adjoining . I

lands as yet unsubdivided, and the requirements of the Master Plan, theOfficial Map, and Zoning Regulations, if such exists.

6. A determination of no significdnt environmental impact (NegativeDeclaration) or a draft EIS is required by the designated lead agency beforethe subdivision mdY be dpproved (in dccordance with Section 617.11 of therules and regulations governing SEQR or the local SEQR law). The Secretary ofthe Planning Board shall notify any other agency which may have authority toreview the subdivision (see Section 303(3) dbove) of this determination.

7. The time of submission of the Preliminary Pldt shall be considered to bethe date of the regular monthly meeting of the Planning Board at least tendays prior to which the dpplicdtion for conditional approval of thePreliminary Pldt, complete dnd dccompanied by all data required by Section 402of these regulations, hds been filed with the Secretary of the Planning Board.

8. Within 45 days after the time of submission of d Preliminary Plat, thePlanning Board shall hold a public hearing on soid Plat. This hearing shallbe advertised in a newspaper of general circulation in the town at least 5days before such hearing. This public hedring shall dlso be used to solicitcomments on the draft [IS under SEQR (if required). Within 45 days from thedate of such public hearing the Plannin~Bodrd shall take action to approve,with or without modifications, or disapprove such Preliminary Plat and theground for any modification required or the ground for disdpproval shall bestdted upon the records of the Pldnning Board.

9. When granting approvdl to d Preliminary Plat, the Planning Board shallstate the conditions of such approval, if dny, with respect to:

a. The specific changes which will be required in the FinalSubdivision Plat;

b. The character and extent of the required improvements for whichwaivers may hdve been requested dnd which in the PJanning Boardopinion may be wcdved without jcopdrdy Lo the puhlic hedlth, sdfety,mordls, and generdl welfdre;

c. The amount of improvement or the amount of all bonds, therefore,which will be required as a prerequisite to the approval of theSubdivision Plat.

The action of the Planning Board plus dny conditions attached thereto shall benoted on, or attached to, three copies of the Preliminary Plat. One copy I

shall be returned to the dpplicdnt, one retained by the Planning Board, andone forwdrded to the Town CJerk. Aprrovdl of d Preliminary Plat shdll notconstitute dpprovdl of the SubdivisIon PJdt; rather it shall be deemed dnexpression of approvdl of the design submitted on the Preliminary Plat as aguide to tQe prcpdrdtlon of the Findl Subdivision Plat, which will besubmitted for approval of the Planning Board and for recording with the CountyClerk. Prior to approval of the Findl Subdivision Plat the Planning Board mdYrequire additiondl chdnges dS d result of further study of the subdivision infinal form or as a result of new informdtion obtdined.

Section 304. Findl Pldt for Major Subdivision

1. The applicdnt shell I , within (; monLhs dfLer the dpproval of thePrelimindry PJdt, submit the Pldt to the Plcjflnin~J f]odrd in its findl form. Ifthe findl Pldt is not submitted within sdld 6 month period, i1pproval of the "1

Preliminary Plat may be revoked by the Planning Board. All submissions forfinal Pldt consideration for mdjor subdivisjons shall be accompanied by a fldtfee of $100.00 dnd $10.00 per lot for up to dnd including 10 lots. Theeleventh dnd any subsequent lots shall hdve d per lot fee of $100.00.

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2. The applicant shall provide the Secretory of the Planning Board with onecopy of the application and four copies of the Plat and all other drawings,and the original and one copy of all offers of cession, covenants andagreements, at least 10 days in advance of the regular Planning Board meetingat which the Plat is to be officially sUbmitted.

3. The time of submission of the Subdivision Plat shall be considered to bethe date of the regular monthly meeting of the Planning Board at least tendays prior to which ,the application for approval of the Subdivision Plat,complete and accompanied by the required fee and all data required by Section403 of these regulations, has been filed with the Secretary of the PlanningBoard.

4. Evidence shall be supplied that any proposed water supply and sewagedisposal facilities associated with/the Subdivision Plat requiring approval bythe Department of Environmental Conservation and/or the State or CountyDepartment of Health shall have received dt least preliminary approval(s) ofsuch facilities.

5. A public hearing on the Subdivision Plat mdY be held by the PlanningBoard if the Board deems there are substantial changes from the approved.Preliminary Plat. Such hearing shall be held within 45 days after the time ofsubmission of the Subdivision Plat for approval. Such hearing shall beadvertised in a newspdper of general circulation in the town at least 5 ddysbefore such hearing. This hearing may be waived by the Planning Board.

6. The Planning BOdrd shdll, within 45 ddyS from the date of any publichedri~g, or the date of submission of the rindl Subdivision Plat if no hearingis required, approve, conditionally approve with or without modifications, ordisapprove said Plat dnd so indicate on the Plat. This time period may beextended by mutual consent of the applicdnt dnd the Planning Board. Failureto det within the stdted time period or cJ mutudLly dgreed upon extensionthereof, shall constitute approvdl of the PJdt. 1\ resolution of conditionalapproval shall dlso duly authorize dnd empower dn officer of the PlanningBoard to sign the Pldt upon completion of such requirements as may be statedin the resolution and compliance with section 305 of these regulations.

7. If a draft EIS WdS required, the Planning Board's action on thesubdivision plat shall include either d negative declaration or the final EISand a statement of findings on the subdivision dS required under Sec 8 ­0109-8 of the SEQR Act of 1975, as dmended.

8. Within 5 ddys of the Planning Board resolution of conditional approval,the Findl Subdivision Pldt shdll be certified by the Cl.erk of the Board asconditiondlly dpproved. A copy of such sertification shall be filed in theoffice of the Town Clerk and a copy mailed to the applicant. The copy mailedto the applicant shall include a certified stdtement of such requirementswhich, when completed, will duthorize the signIng of the conditionallyapproved Pldt.

9. Upon completion of such requirements, the Pldt shdll be signed by saidduly authorized officer of the Planning BOdrd. Conditional approval of afinal Plat shall expire one hundred eighty (180) days after the date of theresolution granting such dpprovdl unless the requirements hdve been certifiedas com~leted within that time. The Pldnning UOdrd may, however, extend thetime within which a conditionall.y approved Plat may be submitted for d

signature, if in its opinion such extension is wdrranted in the circumstances,not to exceed two (2) ninety (90) ddy periods.

Section 305. RequIred Improvements

1. Improvements dnd Performdnce Gand - Before the Pldnning BOdrd grdnts findlapprovdl of the Subdivision Plett, the dppl iCdnt shdll follow the procedure setforth in either sub-pdrdgrdph d, or sub-pdrdgrdph b, below;

a. In an amount set forth by the Planning Board the applicant shalleither file with the Town Clerk a certified check to cover the full costof tpe .required improvements or the applicant shall file with the TownClerk a performance bond to cover the full cost of the requiredimprovements. Any such bond shall be satisfdctory to the Town Board asto form, sufficiency, manner of execution dnd surety. A period of oneyear (or such other period as the Town 80ard may determine appropriate,not to exceed three years) shall be set forth in the bond within whichrequired improvements must be completed.

b. The applicunt shall complete dll required improvements to thesatisfaction of the Town Engineer or other representative designated bythe Town Board to fulfill such dutIes (heredfter referred to as"Development Administrator") who shaLl file with the Planning Board d

letter signifying the sdtisfactory completion of all improvementsrequired by the Board. For any required Improvements not so completedand not approved, the applicant shall file with the Town Clerk a bond orcertified check covering the costs of such improvements and the cost ofsatisfactorily installing any improvement not approved by the DevelopmentAdministrator. Any such bond shall be satisfactory to the Town Board dS

to form, sufficiency, mdnner of execution, and surety.

c. The required improvements shall not be considered to be completeduntil the installation of the improvements has been approved by theDevelopment Administrator.

2. If at any time before or during the construction of the requiredimprovements it is demonstrated to the satisfaction of the DevelopmentAdministrator that unforeseen conditions make it necessary or preferable tomodify the location or design of such required improvements, the DevelopmentAdministrdtor shdll upon dpprovd I by the PLJnning l1odrd, duthorizemodificdtions provided these modificdl.ions drc wi thin the spirit and intent ofthe Planning UOdrd's approvdl dnd dre not L.lntdmount to the wdiver orsubstdntidl dJterdtion of the functiun or dny improvements required by thePlanning BOdrd. Such changes shdll be consistent with the stdtement offindings made pursuant to Section 8-0109-8 of the SEQR Act dnd Section 617.9of the statewide SEQR regulations, if applicable, or else a separate SEQRdetermination of significance will be required. The Development Administratorshall issue any authorization under this section in writing and shall transmita copy of such authorizdtion to the Planning BOdrd.

3. Proper Installation of Improvements - If the Development Administratorshall find, upon inspection of the improvements performed before theexpiration date of the performance bond, thdt any of the required improvementshave not been constructed in accordance with plans and specifications filed bythe applicant, he shall so report to the Town Board. The Town Board thenshall notify the applicant and, if necessary, the bonding company, and takeall necessary steps to preserve the Town's rights under the bond. No Platshall be approved by the Planning Soard as long as the subdivider is indefault on a previously approved Plat.

Section 306. rindl Approvdl and Filing

1. Upon completion of the requirements set forth in Sections 304 and 305 dndnotation~o that effect upon the Subdivision Plat, it shall be deemed to havefinal approval and shall be properly signed by the duly authorized officer ofthe Planning Board and may be filed by ttle dpplicant in the office of theCounty Clerk. Any Subdivision Pldt not so fjled or recorded within 60 days ofthe date on which such Plat is approved or considered approved by reasons ofthe failure of the Planning BOdrd to act, shdll become null and void, unlessthe particular circumstances of said dppI icant wdrrdnt the Planning BOdrd togrdnt dn extension which ShdJl flOt exceed two ddditiondl periods of 60 ddyS.

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2. No changes, modifications, or reVISIons shall be made in any SubdivisionPlat after approval has been given- by the Planning Board and endorsed Inwriting on the Plat, unless the said Plat is first resubmitted to the PlanningBoard and such Board approves dny modifications. In the event that any suchSubdivision Plat is recorded without complying with this requirement, the sameshall be considered null and void, and the Board shall institute proceedingsto have the Plat stricken from the records of the County Clerk.

Section 307. Public Acceptance of Streets dnd Open Spaces

1. The approval by the Planning BOdrd of d Subdivision Plat shall not bedeemed to constitute or be evidence of cHIY dcccptdflCC by the Town of dnystreet, recredtion dred, edsemcnt, or opeJl spdce shown on such SubdivisionPldt.

2. Ownership and maintenance of pdrk, recreation or open space areas. When apark, playground, or other recreation area or open space shall have been shownon a Plat, Planning Board approval of the Plat shall not constitute anacceptance by the Town of such area. The Planning Board shall require thePlat to be endorsed with appropriate notes to this effect. The Planning Boardmay also require the filing of a written agreement between the applicant andthe Town Board covering future deed dnd title, dedication and where suchrequirement is considered necessary or desirdble by the Plannihg Board torealize best use of the site, provision for tile cost of grading, development,equipment, and mdintenance of any such recreation area.

Section 308. Cluster Provisions

Pursuant to a resolution of the Town Board, the Town Planning Board hasbeen empowered to modify the minimum lot drea, minimum width and minimumshoreline lot width requirements in accordance with the provisions of Section281 of Town Law, in order to enable dnd encourage flexibility of design anddevelopment of land in such a manner as to promote the most appropriate use ofland, to fdciljtcltc the adequate and economic use of streets and utilities dndto preserve the natural and scenic qualities of open lands and shorelines, thefollowing shall be standards and procedures:

A. Standards.

1. The Town Planning Board may make such modifications onlywith respect to the lands within special development areas.

2. The minimum acreage to which this section may beapplicable to sh(:JJ 1 be 10 acres, except where publicservices, sewer and/or water ar"e dvaildble the Planning Boardmay determine the minimum size.

3. No subdivision shall be dpproved by the Planning Boardpursuant to this sectIon which shdll not reasonably safeguardthe appropriate use of adjoining land.

4. In the event that the utilJzdtion of this section resultsin a Plat showing Idnds available for park, recreation, orother municipal purposes, such conditions on the ownership,

'iJse, and maintenance of such lands as it deems necessary toassure the preservation of such ldnds for their intendedpurposes, dnd may further, in the Cdse of lands to beretdined in open space, require thdt such lands be restrictedby deed restriction, restrictive covendnt, conveyancy of ascenic easement or other dppropri~te means against anydevelopment or land use inconsistent with their retention inopen spdce.

5. The provisions of this section shdll not be deemed toauthorize a change in the permissible use of such lands asprovided in other town regulations or ordinances.

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B. Procedures.

1. Request by ApplIcant·

A applicant may request the use of this section simultaneouslywith the submission of the Sketch Plan, as described in Article 3,Section 301. Any submission subsequent thereto, shall require aresubmission of the Sketch Plan.

2. Alternate Sketch Plan

An applicant shall present for the Planning Board'sconsiderdtion along with a proposdl utilizing the provisionsof this section, dn dlterndte sketch pldn, with lots meetingthe minimum lot dred, minimum lot width, dnd requirements ofany other Town ordinance or locdl ldw.

3. Plat Submission

Upon determination by the Planning Board that the Sketch Planutilizing the provisions of this section is suitable, the proceduresattendant to and subsequent to the Sketch Plan submission as setforth in this article, shall be followed in regular order.

4. Locdl Filing, Notdtion on Zoning Mdp

Any Subdivision Plat finally approved which involvesmodifications as provided for in this section shall be filed,in addition to the filing required in Article III, Section 6,hereof, with the Town Clerk, who shall make appropriatenotation and reference thereto on the official Town map.

ARTICLE 4: REQUIRED DOCUMENTS

Section 400. The Sketch Pldn Shall consist of a drawing bosed on tax mopinformation or some other simildrly accurate bdse map at a scale, preferablynot less than 100 feet to the inch to enable the same entire ownership of theapplicant to be shown on one sheet, and sholl include:

1. A location map to indicate the reldtionship of the proposed subdivision tosignificant existing community facilities which will serve or influence thelay-out, such as major trdffic arteries, shopping dreas, schools, parks,employment centers, etc. Significant local ndtural resources such as waterbodies, rivers, wetlands, bluffs, dune~ dnd bedches shall also be indicated.

2. All existing structures, wooded aredS, streams or watercourses, floodhazard aredS, wetlands, quarries or excavations, bedrock outcrops and othersignificant physical features, within the area to be subdivided and within 200feet thereof. Topographic conditions shall be indicated at contour intervalsof not more than 20 feet. U.S.G.S. maps are suitable.

3. The name of the owner and of all adjoining property owners as disclosed bythe most recent municipal tax records.

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4. The tax map sheet, block, and lot numbers, scale, north arrow and acreageinvolved.

5. All the utilities aVdildble, dnd dll streets which are either proposed orbuilt.

6. The proposed pattern dnd dpproximate dimensions and area of lots, streetlayout, recreation areas, proposed surfdce water drainage, sewerage, and watersupply within the subdivision area.

7. All existing restrictions on the use of land including easements,convenants, or zoning divisions.

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Section 401. Minor Subdivision Plat

In addition to the information required by Section 400, the requireddocuments for Minor Subdivision Plats are the same as are required for FinalPlats for Major Subdivisions. (See Section 403)

Section 402. Major Subdivision - Prelimindry Plat

The Preliminary Plat shall be submitted as a scale of one inch equals 100feet, or another scale approved by the Planning BOdrd, whichever most clearlyillustrates the applicant's proposal. The Preliminary Pldt shall be clearlymarked "Prelimindry Plat" dnd shdll include:

1. Proposed Subdivision ndme, nclme of Town clnd county, date, true northpoint, scale, name and address of record owner, dpplicdnt and engineer orsurveyor including license number seal.

2. The name of all applicants immediately adjacent, if any, and t~e n~me ofthe owners of record of all adjacent property.

3. Zoning districts, including exact boundary lines, if more than onedistrict, and any proposed changes in the zoning district lines or the zoningordinance text applicable to the area to be subdivided.

4. All parcels of land proposed to be dedicated to public use and theconditions of such dedication.

5. Location of existing property line31 easements, buildings, water courses,marshes (including DEC designated wetlands) floodable areas (including all HUDFederal Flood Insurance Hazard Areas.) rock outcrops, wooded areas, and othersignificant existing features for the proposed subdivision area.

6. LOCation of existing sewers, wdter mains, culverts and drains serving theproperty, if any, wit~ pipe sizes, grades and direction of flow.

7. Contours with intervals not to exceed 20 feet, referenced to mean sealevel, except in and ~surrounding areas of existing and proposed sewer andwater sources and other significant fCdtures as mdY be identified by thePldnning Board, in which Cdse contour intervals shall not exceed 5 feet.

8. The width and location of any streets or public ways or places shown onthe Official Map or the Master Plan, if such exists, within the area to besubdivided, and the right-of-way width, location, grades and stre2~ profilesof all streets or public ways proposed by the developer.

9. The approximate location and size of all proposed water lines, .firehydrants and sewer lines; connections to existing lines or dlternate means ofwater supply or sewage disposal treatment, including sites for onsite systems,profiles of all proposed water and sewer mains. If septic systems areproposed, the results of soil boring dnd soiL percolation tests shallaccompdny the preliminary pldt. Where onsite wdter supply systems areproposed, the qUdlity dnd qUdntity of wdter dVdilclble shall be indicated.

10. StQrm Draindge Plan indicdting the approximate location and size ofproposed lines, if any, and their profiles; connections to existing systems oralternate means of drainage.

11. Plans, sections, and other drawings dS required to show the proposedlocdtion dod type of dll improvements required by Article 5 or by the PldnningBOdrd.

12. Preliminary designs of any bridges or culverts which may be required.

13. The proposed lot lines with approximdte dimensions and, area of each lot.

14. Where the topography or design is such as to make difficult the inclusionof required facilities in a public right-of-way, permanent easements over orunder private property, which permanent easements shall not be less than 20feet in width and which shdll provide sdtisfdctory access to an existing orproposed public street or public open spdce shown on the subdivisi~h orofficidl map.

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IS. A field survey of the boundary lines of the tract and lots, gIvIngcomplete descriptive data by bearings and distances, made and certified to bya licensed land surveyor. Corners of the tract and lots shall also be locatedon the ground and marked by substantial monuments of rebar a minimum of 30inches in length with a minimum diameter of ! inch, and shall be referencedand shown on the Plat.

16. A copy of any convenants or deed restrictions that are intended to coverany lot in all or part of the trdct.

17. If the Preliminary Plat submitted for approval covers only a part of theapplicant's ~ntire holding in the area, d map shall be prepared showing theentire tract, as it relates to the pdrcel included on the Preliminary Pldt~

Section 403. Major Subdivision - Findl Plat

The Final Plat to be approved by the Planning Board and filed with theChenango County Clerk shall be drawn at the Sdme scale dS the PreliminaryPlat. In addition to the requirements of the Preliminary Plat,the Final Platsubmission shall include:

1. Identifying title stating name of subdivision, if any, name'and address ofowner, seal of licensed land surveyor, sCdle, north arrow, and date.

2. Location, right-of-way widths, and identification of all existing streetsand easements; locdtion of existing buildings, wooded areas, wetlands, creeks,drainage ways, large trees, and other r~dtures to be retained; location, 'II

right-of-way widths, dnd identification of dll proposed streets, ponds,watercourses and any other features.

3. Sufficient data to enable the Town Planning Board to easily determine thelocation bearing and length of every street line, lot line, and boundary line,and the radii and length of all curves in the subdivision. When applicablethese data should be referenced to monuments dnd tied into other referencepoints previously established.

4. The Final Plat shall show by proper designation thereon all public openspaces for which deeds are included dnd those spaces title to which isreserved by the developer. For clny of the latter, there shall be submittedwith the Plat copies of dgreements or other documents showing the manner inwhich such aredS dre to be mdintained and the provisions made therefor.

5. All offers of cession dnd dll covendnts governing the maintenance ofunceded open space shall bear the certificate of approval of the Town Attorneyas to their form and legal sufficiency.

6. Lots within a subdivision shall be numbered or lettered in dccordance withthe prevailing prdctice.

7. Permdnent reference monuments dnd lot corner mdrkers dS required byArticle 5 shall be shown dnd their locdtion referenced on the Plat.

8. Cons~uction drawings oS needed to show the location size, grade, andconstruction of all improvements required by Article 5, or by the PldnningBoard, or proposed by the subdivider.

9. Certificdtion from the Hedlth Depdrtment of jurisdiction of sewagedisposal dnd from The New York Stdte Dep<)rtmcnt of Environmental Conservdtionfor water supply systems to be used in the subdivision. No modificdtion mdYbe mdde dfter DOH certificdtion.

10. Statement from the appropridte Town officidls certifying that requiredimprovements hdve been satisfactorily installed or that an acceptable bond forsuch installation has been filed with the Town Clerk.

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ARTICLE 5. DESIGN AND ENVIRONMENTAL STANDARDS

In-considering applications for subdivision of land, the Planning Boardshall be guided by the standards set forth hereinafter. The said standardsshall be considered to be minimum requirements and shall be waived by theBoard only under circumstances set forth in Article 6 herein.

Section 500. General Considerdtions

1. Character of LandLand to be subdivided shall be of such character that it can be used

safely for building purposes without ddnger to health or peril from fire,flood or other menace.

2. Conformity to Official Map and Master PldnSubdivisions shall conform to the Officidl Map of the Town and shall be in

harmony with the Master Plan, if such exists.

3. Specifications for Requirement ImprovementsAll required improvements shall be constructed or installed to conForm to

the Town specifications, which may be obtained from the Town Engineer ..

Section 501. Street LdYOUt

1. Width, Location and ConstructionStreets shall be of sufficient width, suitably located, and ddequately

constructed to conform with the Master Pldn, if such exists, and toaccommodate the prospective traffic and dfford access for fire fighting, snowremoval and other road mdintenance equipment. The arrangement of streetsshall be in harmony with surrounding dredS dnd streets.

2. ArrangementThe arrangement of streets in the subdivision shall provide for the

continuation of principal streets of adjoining subdivisions and for properprojection of principal streets into adjoining properties which are not yetsubdivided, in order to mdke possible necessdry fire protection, movement oftraffic and the construction or extension, presently or when later required,of needed utilities and public services such dS sewers, water and drainagefacilities.

3. Minor StreetsMinor streets sholl be so ldid out that their use by through traffic will

be discouraged.

4. Special Treatment Along Major Arteridl StreetsWhen a subdivision abuts or contains an existing or proposed major

arterial street, the Board may require marginal access streets, reversefrontage with screen planting contained in d non-access reservation along therear property line, deep lots with redr service dlleys, or such othertreatment dS mdY be necessdry for ddequdte protection of residentialproperties dnd to dfford sepdrdtlon of through dnd loedl trdffic.

5. Provision for Future Re-SuudivisionWhe~e a tract is subdivided into lots substantially larger than the

minimum size required in the zoning district in which a subdivision islocated, the Board may require that streets and lots be laid out so as topermit future re-subdivision in accordance with the requirements contained inthese regulations.

6. Dead-End StreetsThe credtion of dead-end or loop residentidl streets will be encourdged

wherever the Board finds thdt such type of development will not interfere withnormal traffic circuldtion in the area. In the case of dead-end streets,where needed or desirable, the BOdrd mdY require the reservation of a 20-footwide easement to provide for continudtion of pcdestridn traFfic and utilitiesto the next street or public property. Subdivisions containing twenty (20)lots or more shall have at ledst two street connections with existing publicstreets, or str~ets shown on the Offield! MdP, If such exists, or streets onan approved Subdivision PJdt for which d bond l'dS been filed.

7. Block SizeBlocks generally shall not be less than 400 feet nor more than 1200 feet

in leng~h~ In general, no block width shall be less than twice the normal lotdepth. In blocks exceeding 800 feet in length, the Planning Board may requirethe reservation of a 20-foot wide easement through the block to provide forthe crossing of underground utilities and pedestrian traffic where needed ordesirable and mdY further specify, at its discretion, that a 4-foot wide pavedfoot path be inclu?ed.

8. Intersections with Collector of Major Arterial RoadsMinor or secondary street openings into such roads shall, in general, be

at least 500 feet apart.

9. Street JogsStreet jogs with center line offsets of less than 125 feet shall be

avoided.

10. Angle of IntersectionIn general, all streets shall join each other so that for a distance of

at least 100 feet the street is approximdtely at right angles to the street itjoins.

11. Relation to TopographyThe street plan of a proposed subdivision shall bear a logical

relationship to the topography of the property, and all streets shall bearranged so as to obtain as many of the building sites as possible 3t or abovethe grade of streets. Grades of streets shall conform as closely as possibleto the original topography.

Section 502. Street Design

1. Widths of Rights-of-WayStreets shall have the following widths. When not indicated on the Master

Plan or Official Map, the classification of streets shall be determined by theBoard:

Minimum MinimumRight-of-Way Pavement

Major Streets 70 feet 36 feet

Collector Streets 60 feet 36 feet

Local Streets 50 feet 30 feet

2. ImprovementsStreets shall be constructed in accordance with standards established by

the Town Highway Superintendent with regards to pavement types, sewers,gutters, curbs, lighting, fire hydrdnts, providing such standards have beendpproved by the Pldnning BOdrd.

3. Utility EasementsWhere topography is such as to make impractical to the inclusion of

utilitie~ within the street rights-of-way, perpetual unobstructed easements atleast 20 feet in width shall be otherwise provided with satisfactory access tothe street. Wherever possible, easements shall be continuous from block toblock and shall present dS few irregularities as possible. Such easementsshdll be cleared and grdded where required.

4. GrddesGrades of clll streets shall conform in general to the terrain, and shdll

not be less than one half (t) nor more than 6 percent for major or collectorstreets, or 10 percent for minor streets in residential areas, but in no casemore than 3 percent within 50 feet of any intersection.

5. Changes in GradeAll changes in grade shall be connected by vertical curves of such length

and radius as to meet with the Town Road Design Standards so that clearvisibility shall be provided for a sdfe distance.

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6. Curve Radii at Street IntersectionsAll street right-of-way lines at intersections shall be rounded by curves

of at least 20 feet radius and curbs shall be adjusted accordingly.

7. Steep Grades and Curves; Visibility of IntersectionsA combination of steep grades and curves shall be avoided. If directed,

ground shall be excavated to achieve better visibility.

8. Dead-End Streets (cul-de-sdcs)Where dead-end streets are designed to be so permanently, they should, in

general, not exceed 1000 feet in length, and shall terminate In a circularturn-around having a minimum right-or-way radius of 60 feet and pavementradius of 50 feet. At the end of temporary dead-end streets a temporaryturn-around with a pavement radius of 50 feet shall be provided, unless thePlanning Board approves an alternate arrdng~ment.

9. WatercoursesWhere a watercourse separates a proposed street from abutting property,

provisIon shall be made for access to all lots by means of culverts or otherstructures of design approved by the -1- Engineer. Where a subdivision istraversed by a watercourse, drainage way, channel of stream, there shall beprovided a stormwater easement or drainage right-of-way as required by the -1­Engineer and in no case less than 20 feet in width.

10. Curve RadiiIn general, street lines within a block, deflecting from each other at any

one point by more than 10 degrees, shall be connected with a curve, the radiusof which for the centerline of stree~shall not be less than 400 feet on majorstreets, 200 feet on collector streets and 100 feet on minor streets.

Section 503. Street Names

No street shall have a name which will duplicate, or so nearly duplicateas to be confused with, the names of existing streets in the area. Acontinuation of an existing street shall have the same name. (Generally,streets shall have names, and not numbers or letters).

Section 504. Lots

1. Lots to be BuildableThe lot arrangement shall be such that in constructing a building in

compliance with the Zoning Ordinance, there will be no foreseeabledifficulties for reasons of topography or other natural conditions. Lotsshould not be of such depth as to encourage the later creation of a secondbuilding lot at the front or rear.

2. Street FrontageAll lots shall front on a public or privdte street.

3. Lot RatiosThe ratio of the depth of any lot to its width should not be greater th~~ I '.

3 to 1•........"""-='---...........-~. Side Lines

All side lines of lots shall be at right angles to straight street linesand radial to curved street lines, unless a variance from this rule will givea better street or lot plan.

5. Corner LotsIn generdl, corner lots should be larger than interior lots to provide

for proper building setbdck from each street or to a private street whichconforms to town right-of-Way dnd construction specifications. In general,this access must provide dt least 30 feet of frontage at the right-of-way lineof said public or private street.

6. Monuments and Lot Corner MarkersPermanent monuments of rebar a minimum of 30 inches in length with a

minimum diameter of I inch, shall be set at such block corners, angle points,points of curves In streets and other points as the Town Engineer may require,and their locdtion shall be shown on the Subdivision Plat.

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Section 505. Drainage Improvements

1. Removal of Spring and Surface WaterThe subdivider may be required by the Planning Board to carry away by pipe

or open ditch any spring or surface water that may exist either previous to,or as a result of the subdivision. Such draindge facilities shall be locatedin the street right-of-way where fedsible, or in perpetual unobstructedeasements of appropriate width.

2. Drainage Structure to Accommodate Potential Development UpstreamA culvert or other draindge facility shall, in edch case, be large enough

to accommodate potentldl runoff from its entire upstream drainage area,whether inside or outside the subdivision. The Town Engineer shall approvethe design and size of facility based on anticipated run-off from a "ten year"storm under conditions of total potentidl development permitted by the Zoningrdinance in the watershed.

3. Responsibility from Drainage DownstreamThe subdivider's engineer shall also study the effect of each subdivision

on the existing downstredm drdinage fdcilities outside the orea of thesubdivision; this study shall be reviewed by the Town Engineer. Where it isanticipated that the additional run-off incident to the development of thesubdivision will overload an existing downstream drainage facility during afive year storm, the Planning Board shdll notify the Town Board of suchpotential condition. In such case, the Planning Board shall not approve thesubdivision until provision has been made for the improvement of saidcondition.

Section 506. Environmental Considerations

1.) Preservation of Ndturdl FeaturesThe Planning Board shall, wherever possible, establish the preservation

of all ndtural features which add value to residential developments and to thecommunity, such as ldtge trees or groves, water courses and falls, beaches,historic spots, vistas dnd similar irreplaceable assets.

a. Natural TerrainSubdivision design shall preserve, so far as possible, the naturalterrdin and natural water courses, improvements and drainage areas.Subdivision design shdll include d conscious effort to preserve allworthwhile trees dnd shrubs which ex.ist on the site. On individuallots or pdrcels Cdre shdll be tdken to preserve selected trees toenhdnce the landscdpe tredtment of the development. No tree with d

diameter of 8 inches or more as measured 3 feet above the base of thetrunk shall be removed unless such tree is within the right-of-way of·a street as shown on the Findl Subdivision Plat. Removal ofadditiondl trees shdll be subject Lo the dpproval of the PlanningBoard. In no cdse, however, shdll d tree with d diameter of 8 inchesor more dS measured 3 feet dbove the bdse of the trunk be removedwithout prior dpprovdl by the Pldnnlng Boord.

b. SoilNatural fertility of the soil shdll be preserved by disturbing it aslittle dS possible, and no topsoil shdll be removed from the site.

2. Flood AreasLand subject to serious or reguldr flooding shall not be subdivided for

residential occupancy or for such other uses as mdY increase danger to life orproperty or aggravate the flood hazard, but such land may be used for suchuses, subject to any loning regulations, or in such a way, thdt the floodddnger to this property and other upstredm or downstredm properties will notbe incrcdsed dnd periodic or occasiondl inunddlion will not be d substdntidlthreat to life or property. The provisions of this section shdll dpply to dllland falling within the 100 yedr flood limit as shown on maps prepared andamended by the Federal Emergency Management Agency.

3. Steep SlopesOevelopmen~ of steep slope (over 12%) sites will be conditionally

acceptdble only if there is no prudent or fedsible alternative sit~~ anderosion and sedimentation control medsures dre incorporated in the design,construction, dnd operdtion of the development dccording to standdrds set bythe U.S. Soil Conservation Service.

4. VegetationCoastal development shall preserve, to the maximum extent practicable,

existing vegetation within a development site. This includes, w~ere

necessary, planting of appropriate native coastal species.

5. Sediment ControlThe subdivider shall provide effective sediment control measures for

planning and construction of subdivisions. Use of the following technicalprinciples shall be applied as deemed appropriate by the County Soil and WaterConservation District.

a. The smallest prdctical dred of Idnd Shd!l be exposed at anyone timeduring the development.

b. When land is exposed during development, the exposure shall bekept to the shortest practical period of time.

c. Temporary vegetation and/or emulsion shall be used to protectcriticdl areas exposed during development.

d. Sediment basins, debris basins, (silting basins or silt traps)shall be installed and mdintained to remove sediment frpm runoffwaters on land undergoing development.

e. Provision shall be made to effectively dccommodate the increasedrunoff caused by changing soils and surface conditions during andafter development.

f. Permanent final vegetation and structures should be installed assoon as practical in the development.

g. The development pldn should be fitted to the type of topogrdphyand soils so dS to credte the least erosion potential.

h. Wherever feasible, ncltufdl vegetdtion should be retained dndprotected.

ARTICLE 6. VARIANCES, WAIVERS, AND MODIFICATIONS

Section 600. Special Circumstdnce~ (Wdiver) Where the Planning Board findsthat, due to the specidl circumstances of a particuldr Plat, the provision ofcertain required improvements or Jand use requirements are not required in theinterest of the public health, sdfety and general welfare or are inappropriatebecause of inddequacy or lack of connecting facilities adjacent, or inproximity to, the proposed subdivision, it may waive such requirements subjectto appropriate conditions, provided that such waiver will not have the effectof nullifying the intent of the Officidl Map, the Master Plan or clny otherregulation or ordinance; if such exists.

Section 601. Design Innovations When design concepts which are imaginativeand beneficial to the public interest are proposed by d subdivider, thePlanning Board may modify the requirements of these regulations dnd imposedddir10ndl conditions dS necessdry to permit the accomplishment of suchconcepts.

ARTICLE 7. AMENDMENTS

Section 700. The regulations may be dmended by the Planning BOdrd afterpublic hearing by the Planning Board dnd dpprovdl by the Town Board.

ARTICLE 8. ENFORCEMENT (VIULATIONS AND PENALTIES)

Section 800. Penalties - Enabling Legisldtion - Enforcement Any person whoshall commit or assist in the commission of cloy violcltion of this Local Lawand any person who shall

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omit, neglect, or refuse to do any act required by this order, shall besubject to a fine of not more than $500.00 to be recovered by the Town Boardin any court of competent jurisdiction. Every such person shall be deemedguilty of a separate offense for each ddy thJt such violation, disobedience,omission, neglect or refusal shdll continue. Where the person committing suchviolation is a partnership, association or corporation, the principalexecutive officer, partner, agent or mdnager may be considered to be theperson for the purpose of this article.

ARTICLE 9. SEPARABILITY

Section 900. Should dny seetio,. or provision of the regulations containedherein or dS amended heredfter be declared by d court of competentjurisdiction to be invalid, such decision shall not affect the validity of theregulatio~s as a whole or any part thereof other than the part so declared tobe invalid.

ARTICLE 10. COURT REVIEW

Section 1000. Any person dggrieved by any decision of the Planning Boardrelative to d subdivision may hdve such decision reviewed by a special term ofthe Supreme Court in the mdnner provided by Article 78 of the Civil PracticeLaw and Rules, providing the proceedirlg js commenced within 30 days after thefiling of the decision in the office of the Planning Board, dS all set forthin Section 282 of Town LdW.

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