TOWN OF VARICK

 


SUBDIVISION REGULATIONS
ADOPTED DECEMBER 1977

Revised December 2007

Click here for printable PDF version

 

Prepared for Town of Varick Planning Board by Seneca County Planning Department.

 

TABLE OF CONTENTS

                                                     PAGE

ARTICLE I     DECLARATION OF POLICY                    1

ARTICLE II    DEFINITIONS                              1-3

ARTICLE III   PROCEDURE IN FILING SUBDIVISION REGULATIONS

Section 1   Sketch Plan                              3-4

Section 2   Approval of Minor Subdivision            4-5

Section 3   Preliminary Plat for Major Subdivision   5-7

Section 4   Plat for Major Subdivision               7-8

Section 5   Required Improvements                    8-10

Section 6   Filing of Approved Subdivision Plat      10

Section 7   Public Streets-Recreation Areas          10-11

Section 8   Application of Section 281 of            11-12
            the Town Law

ARTICLE IV    GENERAL REQUIREMENTS AND DESIGN STANDARDS

Section 1   General                                  12

Section 2   Street Layout                            12-14

Section 3   Street Design                            14-17

Section 4   Street Names                             17

Section 5   Lots                                     17-18

Section 6   Drainage Improvements                    18-19

Section 7   Parks, Open Spaces and Natural Features  19-21

ARTICLE V     DOCUMENTS TO BE SUBMITTED

Section 1   Sketch Plan                              21

Section 2   Minor Subdivision Plat                   22

Section 3   Major Subdivision Preliminary Plat       22-24
             and Accompanying Data

Section 4   Major Subdivision Plat                   24-25
            and Accompanying Data

ARTICLE VI    WAIVERS                                  26

ARTICLE VII   VIOLATIONS & PENALTIES                   26

ARTICLE VIII SEPARABILITY                             26

TOWN OF VARICK

SUBDIVISION REGULATIONS

ARTICLE I: DECLARATION OF POLICY

By the authority of the resolution of the Town Board of the Town of Varick, adopted on Sept. 3, 1974 , pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Varick is authorized and empowered to approve Plats showing lots, blocks or sites, with or without streets or highways, to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the County and to approve preliminary plats, within that part of the Town of Varick outside the limits of any incorporated city or village. It is declared to be the policy of the Planning Board to consider land Subdivision Plats as part of a plan for the orderly, efficient and economical development of the Town. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health, or peril from fire, flood or other menace; that proper provision shall be made for drainage, water supply, sewerage, and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties; that the proposed streets shall compose a convenient system conforming to the Official Map, if such exists and shall be properly related to the proposals shown on the Master Plan, if such exists, and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of fire-fighting equipment to bui1dings; and that proper provision shall be made for open spaces for parks and playgrounds. In order that land subdivisions may be made in accordance with this policy, these regulations which shall be known as, and which may be cited as, the "Town of Varick Land Subdivision Regulations" have been adopted by the Planning Board on December 14, 1977 and approved by the Town Board on January 3, 1978

ARTICLE II: DEFINITIONS

Clerk of the Planning Board: Means that person who shall be designated to perform the duties of the Clerk of the Planning Board for all purposes of these regulations.

Easement : Means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

Engineer or Licensed Professional Engineer. Means a person licensed as a professional engineer by the State of New York.

Town Engineer: Means the duly designated engineer of the Town.

Master or Comprehensive Plan: Means a comprehensive plan, prepared by the Planning Board pursuant to Section 272-a of the Town Law which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the Town and includes any unit or part of such plan separately prepared and any amendment, to such plan or parts therein.

Official Map: Means the map established by the Town Board pursuant to Section 270 of the Town Law, showing streets, highways, and parks and drainage, both existing and proposed.

Planning Board or Board: Means the Planning Board of the Town.

Preliminary Plat: Means a drawing or drawings clearly marked "preliminary plat" showing the layout of a proposed subdivision, as specified in Article V, Section 3 of these regulations, submitted to the Planning Board for approval prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.

Sketch Plan: Means a sketch of a proposed subdivision showing the information specified in Article V, Section 1 of these regulations 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 these regulations.

Street: Means and includes streets, roads, avenues, lanes, or other traffic ways, between right-of-way lines.

Collector Street: Means a street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.

Dead-End Street or Cul-De-Sac: Means a street or a portion of a street with only one vehicular traffic outlet.

Major Street: Means a street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.

Minor Street: Means a street intended to serve primarily as an access to abutting properties.

Street Pavement: Means the wearing or exposed surface of the roadway, used by vehicular traffic .

Street Width: Means the width of right-of-way, measured at right angles to the center line of the street.

Subdivider: Means any person, firm, corporation, partnership or association, who shall lay out any subdivision or part thereof as defined herein, either for himself or others.

Residential Lot: Any parcel of land of five acres or less unless such lot may not legally be used for residential purposes.

Subdivision: Means the division of any parcel of land into two or more lots, blocks, or sites, with or without streets or highways and includes re-subdivision. A parcel of land shall constitute a subdivision upon the sale, rental or offer for sale, or transfer of title of a lot therefrom. 

Major Subdivision: Means any subdivision not classified as a Minor Subdivision, including, but not limited to, subdivisions of five or more lots, or any size subdivision requiring any new street or extension of municipal facilities.

Minor Subdivision: Means any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, or Zoning Ordinance, if such exists, or these regulations.

Subdivision Plat or Final Plat: Means a drawing, in final form, showing a proposed subdivision containing all information or detail required by law and by these regulations to be presented to the Planning Board for approval, and which if approved, may be duly filed or recorded by the applicant in the office of the County Clerk or Registrar.

Surveyor: Means a person licensed as a land surveyor by the State of New York.

ARTICLE III: PROCEDURE IN FILING SUBDIVISION APPLICATIONS

Whenever any subdivision of land is proposed to be made, and before any contract for the sale of, or any offer to sell any lots in such subdivision or any part thereof is made,. and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedures.

Sec. 1. Sketch Plan

A. Submission of Sketch Plan

Any owner of land shall, prior to subdividing or resubdividing land, submit to the Clerk of the Planning Board at least ten days prior to the regular meeting of the Board two copies of a Sketch Plan of the proposed subdivision, which shall comply with the requirements of Article V, Section I, for the purposes of classification and preliminary discussion.

B. Discussion of Requirements and Classification

The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection, and similar aspects, as well as the availability of existing services and other pertinent information.

Classification of the Sketch Plan is to be made at this by the Planning Board as to whether it is a Minor or Major Subdivision as defined in these regulations. The Board may it deems it necessary for protection of the public health, safety and welfare, that a Minor Subdivision comply with all or some of the requirements specified for Major Subdivisions. If the Sketch Plan is classified as a Minor Subdivision, the subdivider shall then comply with the procedure outlined in Article III, Sections 2 and 6 of these regulations. If it is classified as a Major Subdivision, the subdivider shall then comply with the procedures outlined in Article III, Sections 3, 4, 5, and 7.

C. Study of Sketch Plan

The Planning Board shall determine whether the Sketch Plan meets the purposes of these regulations and shall, where it deems it necessary, make specific recommendations in writing to be incorporated by the applicant in the next submission to the Planning Board.

Sec. 2. Approval of Minor Subdivision

A. Application and Fee

Within six months after classification of the Sketch Plan as a Minor Subdivision by the Planning Board, the subdivider shall submit an application for approval of a Subdivision Plat. Failure to do so shall require resubmission of the Sketch Plan to the planning board for re-classification. The Plat shall conform to the layout shown on the Sketch Plan plus any recommendations made by the Planning Said application shall also to the requirements listed in Article V, Section 2-A.

All applications for Plat approval for Minor Subdivisions shall be accompanied by a fee according to the fee schedule of the Town.

B. Number of Copies

Five copies of the Subdivision Plat shall be presented to the Clerk of the Planning Board at the time of submission of the Sub��division Plat.

C. Subdivider to Attend Board Meeting

The subdivider, or his duly authorized representative, shall attend the meeting Planning Board to discuss the Subdivision Plat.

D. When Officially Submitted

The time of submission of the Subdivision Plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, Section 2 of these regulations, has been filed with the Clerk of the Planning Board.

E. Public Hearing

A public hearing shall be held by the Planning Board within forty-five (45) days from the time of submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the town at least five (5) days before such hearing.

F. Action on Subdivision Plat

The Planning Board shall, within forty-five (45) days from the date of the public hearing, act to conditionally approve, conditionally approve with modification, disapprove or grant final approval and authorize the signing of the Subdivision Plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat.

Upon granting conditional approval with or without modification to the plat, the Planning Board shall empower a duly authorized officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five (5) days of the resolution granting conditional approval, the plat shall be certified by the Clerk of the Planning Board as conditionally approved, a copy shall be filed in his office, and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Upon completion of such requirements, the plat shall be signed by the duly designated officer of the Planning Board. Conditional approval of a plat shall expire one hundred eighty (180) days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances periods of ninety (90) days each.

Sec. 3. Preliminary Plat for Major Subdivision

A. Application and Fee

Prior to the filing of an application for the approval of a Major Subdivision Plat, the subdivider shall file an application for the approval of a Preliminary Plat of the proposed subdivision. Such Preliminary Plat shall be clearly marked "Preliminary Plat n and shall be in the form described in Article V, Section 3, hereof. The Preliminary Plat shall, in all respects, comply with the requirements set forth in the provisions of Sections 276 and 277 of the Town Law, and Article V, Section 3 of these regulations, except where a waiver may be specifically authorized by the Planning Board.

All applications for Plat approval for Minor Subdivisions shall be accompanied by a fee according to the fee schedule of the Town.

B. Number of Copies

Five copies of the Preliminary Plat shall be presented to the Clerk of the Planning Board at the time of submission of the Preliminary Plat.

C. Subdivider to Attend Planning Board Meeting

The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the Preliminary Plat. .

D. Study of Preliminary Plat

The Planning Board shall study the practicability of the Preliminary Plat taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Master Plan, the Official Map, and Zoning Regulations, if such exist.

E. When Officially Submitted

The time of submission of the Preliminary Plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article V, Section 3 of these regulations, has been filed with the Clerk of the Planning Board.

F. Approval of the Preliminary Plat

Within forty-five (45) days after the receipt of such preliminary plat by the Clerk of the Planning Board the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the town at least five (5) days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. Within forty-five (45) days after the date of such hearing, the Planning Board shall approve with or without modification or disapprove such preliminary plat, and the ground of a modification, if any, or the ground for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat, may be extended by mutual consent of the subdivider and the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing modifications if any, as it deems necessary for submission of the plat in final form. Within five (5) days of the approval of such preliminary plat it shall be certified by the Clerk of the Planning Board as granted preliminary approval and a copy filed in his office, a certified copy mailed to the owner, and a copy forwarded to the Town Board. Failure of the Planning Board to act within such forty-five (45) day period shall constitute approval of the preliminary plat.

When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to (1)the modifications to the Preliminary Plat, (2) the character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals, and general welfare,

(3) the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the Sub��division Plat. Approval of a Preliminary Plat shall not constitute approval of the Subdivision Plat, but rather it shall be deemed an expression of approval of the design submitted on the Preliminary Plat as a guide to the preparation of the Plat, which will be sub��mitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the Subdivision Plat, the Planning Board may require additional changes as a result of new information obtained at the public hearing.

When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to

(1)the modifications to the Preliminary Plat, (2) the character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals, and general welfare,

(3) the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the Subdivision Plat. Approval of a Preliminary Plat shall not constitute approval of the Subdivision Plat, but rather it shall be deemed an expression of approval of the design submitted on the Preliminary Plat as a guide to the preparation of the Plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the Subdivision Plat, the Planning Board may require additional changes as a result of new information obtained at the public hearing.

Sec 4. Plat for Major Subdivision

A. Application for Approval and Fee

The subdivider shall, within six months after the approval Of the Preliminary Plat, file with the Planning Board an application for approval of the Subdivision Plat in final form, using the approved application blank available from the Clerk of the Planning Board. All applications for Plat approval for Major Subdivisions shall be accompanied by a fee of $25.00 dollars. If the final plat is not submitted within six months after the approval of the Preliminary Plat, the Planning Board may refuse to approve the final plan and require resubmission of the preliminary plat.

B.   A subdivider intending to submit a proposed Subdivision Plat for the approval of the Planning Board shall provide the Clerk of the Board with a copy of the Application and three copies (one copy in ink on linen or an acceptable equal) of the Plat, the original and one true copy of all offers of cession, covenants, and agreements and two prints of all construction drawings.

C. When Officially Submitted

The time of submission of the subdivision Plat shall be considered to be the date on which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, Section 4 of these regulations, has been filed with the Clerk of the Planning Board.

D.   Endorsement of State and County Agencies

Water and sewer facility proposals contained in the Subdivision Plat shall be properly endorsed and approved by the Seneca County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Town, County and State agencies. Endorsement and approval by the Seneca County Department of Health shall be secured by the subdivider before official submission of Subdivision Plat.

E. Public Hearing

Within forty-five (45) days of the submission of a plat in final form for approval a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing, provided however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under Section 3 of this article, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.

F. Action on Proposed Subdivision Plat

The Planning Board shall by resolution conditionally approve, conditionally approve with or without modification, disapprove, or grant final approval and authorize the signing of such plat, within forty-five (45) days of its receipt by the Clerk of the Planning Board if no hearing is held, or in the event a hearing is held, within forty-five (45) days after the date of such hearing. This time nay be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat.

Upon resolution of conditional approval of such final plat the Planning Board shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five (5) days of such resolution the plat shall be certified by the clerk of the Planning Board as conditionally approved and a copy filed in his office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of such requirements the plat shall be signed by said duly authorized officer of the Planning Board. Conditional approval of a final plat shall expire one hundred eighty (180) days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The planning board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not to exceed two additional periods of ninety (90)days each.

Sec. 5. Required Improvements

A. Improvements and Performance Bond

Before the Planning Board grants final approval of the Subdivision Plat, the subdivider shall follow the procedure set forth in either subparagraph (1) OR subparagraph (2) below:

(1) In an amount set by the Planning Board the subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements OR the subdivider shall file with the Town Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of Section 277 of the Town Law and further, shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.

(2) The subdivider shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not so completed, the subdivider shall file with the Town Clerk a bond or certified check covering the costs of such improvements and the cost of satisfactorily installing any improvement not approved by the Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety.

(3) The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of. monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to subparagraph (2), then said map shall be submitted prior to endorsement of the plat by the appropriate planning Board officer. However, if the sub divider. elects to provide a bond or certified check for all required improvements as specified in subparagraph (I), such bond shall not be released until such a map is submitted.

B. Modification of Design of Improvements

If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications provided these modifications are within the spirit and intent of the planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Town Engineer shall issue any authorization under this Section in writing and shall transmit a copy of such authorization to the Planning Board at their next regular meeting.

C. Inspection of Improvements

At least five (5) days prior to commencing construction of required improvements the subdivider shall pay to the Town Clerk the inspection fee required by the Town Board and shall notify the Town Board in writing of the time when he proposes to commence construction of such improvements so that the Town Board may cause inspection to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required by the Planning. Board.

D. Proper Installation of Improvements

If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, Building Inspector, and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the Town's rights under the bond. No Plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved Plat.

Sec. 6 Filing of Approved Subdivision Plat

A. Final Approval and Filing

Upon completion of the requirements in Sections 4 and 5 above and notation to that effect upon the Subdivision Plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the applicant in the Office of the County Clerk. Any Subdivision Plat not so filed or recorded within thirty (30) days of the date upon which such Plat is approved or considered approved by reasons of the failure of the Planning Board to act, shall become null and void.

B. Plat Void if Revised After Approval

No changes, erasures, modifications, or revisions shall be made in any Subdivision Plat after approval has been given by the Planning Board and endorsed in writing on the Plat, unless the said Plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such Subdivision Plat is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the Plat stricken from the records of the County Clerk.

Sec. 7. Public Streets - Recreation Areas

A. Public Acceptance of Streets

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 street, easement, or other open space shown on such Subdivision Plat.

B. Ownership and Maintenance of Recreation Areas

When a park, playground, or other recreation area shall have been shown on a Plat, the approval of said Plat shall not constitute an acceptance by the Town of such area. the Planning Board shall require the Plat to 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 cost of grading, development, equipment, and maintenance of any such recreation area.

Sec. 8 Application of Section 281 of the Town Law

Whereas pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of the Zoning Ordinance in accordance with the provisions of Section 281 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the procedure and standards :

A. Request By Subdivider

A subdivider may request the use of Section 281 simultaneously with or subsequent to presentation of the sketch plan as per procedure described in Article III. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.

B. Sketch Plat

A subdivider shall present along with a proposal in accordance with the provisions of Section 281, a standard sketch plat which is consistent with all the criteria established by these Subdivision Regulations including, but not limited to, streets being consistent with the Street Specifications, and lots being consistent with the Zoning Ordinance.

C. Park, Recreation, Open Space or Other Municipal Purposes

If the application of this procedure results in a plat showing land available for park, recreation, open space, or other municipal purposes, directly related to the plat,, then conditions as to ownership, use and maintenance of such lands as are necessary to assure the preservation of such lands for their intended purposes shall be set forth by the Planning Board.

D. Plat Submission

Upon determination that such sketch plat is suitable for the procedures under Section 281 and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all of the requirements of the resolution shall be presented to the Planning Board and thereafter the Planning Board shall proceed with the required public hearings and all other requirements of these Regulations.

E.   Filing, Notation on Zoning Map

On the filing of a plat in the office of the County Clerk in which Section 281 has been used, the subdivider shall file a copy with the Town Clerk who shall make appropriate notations and reference thereto in the Town Zoning Ordinance map. The Secretary of the Planning Board shall notify the Building Inspector when such a plat is filed.

ARTICLE IV: GENERAL REQUIREMENTS AND DESIGN STANDARDS

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

Sec. 1. General

A.   Character of Land

Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.

B.   Conformity to Official Map and Master Plan

Subdivisions shall conform to the Official Map of the Town and shall be in harmony with the Master Plan, if such exists.

C.   Specifications For Required Improvements

All required improvements shall be constructed or installed to conform to the Town specifications, which may be obtained from the Town Engineer.

Sec. 2 Street Layout

A.   Width, Location and Construction

Streets shall be of sufficient width, suitably located, and adequately constructed to conform with the Master Plan, if such exists, and to accommodate the prospective traffic and afford access for fire fighting, snow removal and other road maintenance equipment. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system.

B.   Arrangement

The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions, and for proper projection of principal streets into adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities.

Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.

C. Minor Streets

Minor streets shall be so laid out that their use by through traffic will be discouraged.

D. Special Treatment Along Major Streets

When a subdivision abuts or contains an existing or proposed major street, the Board may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic .

E. Provision For Future Resubdivision

Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Board may require that streets and lots be laid out so as to permit future re-subdivision in accordance with the requirements contained in these regulations.

F. Dead-End Streets

The creation of dead-end or loop residential streets will be encouraged wherever the Board finds that such type of development will not interfere with normal traffic circulation in the area. In the case of dead-end streets, where needed or desirable, the Board may require the reservation of a 20-foot wide easement to provide for continuation of pedestrian traffic and utilities to the next street. Subdivisions, containing twenty (20) lots or more shall have at least two street connections with existing public streets or streets shown on the Official Map, if such exists, or streets on an approved Subdivision Plat for which a bond has been filed.

G. Block Size

Blocks generally shall not be less than 400 feet nor more them 1200 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet in length, the Planning Board may require the reservation of a 20-foot wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a 4-foot wide paved foot path be included.

H. Intersections With Collector or Major Arterial Roads

Minor or secondary street openings into such roads shall, in general, be at least 500 feet apart.

I. Street Jogs

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

J. Angle of Intersection

In general, all streets shall join each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it joins.

K. Relation to topography

The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography.

L. Other Required Streets.

Where a subdivision borders contains a railroad right-of way or limited access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with

Sec. 3. Street Design

A. Widths Of Rights-Of-Way

Streets shall have the following widths.

 

Minimum
Right-of-Way

Minimum pavement

Major Streets

66 feet

24 feet

Collector Streets

60 feet

20 feet

Local Streets

50 feet

16 feet

B. Improvements

Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, street lights and signs, street trees, and fire hydrants, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety, and general welfare. Pedestrian easements shall be improved as required by the Town Engineer. Such grading and improvements shall be approved as to design and specifications by the Town Engineer.

(1) Fire Hydrants. Installation of fire hydrants shall be in conformity with all requirements of standard thread and nut as specified by the New York Fire Insurance Rating Organization and the Division of Fire Safety of the State of New York.

(2)   Street Lighting Facilities. Lighting facilities shall be in conformance with the lighting system of the Town. Such lighting standards and fixtures shall be installed after approval by the appropriate power company and the authorized Town electrical inspector.

C. Utilities in Streets

The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved.

D. Utility Easements

Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least 20 feet in width shall be otherwise provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.

E. Grades

Grades of all streets shall conform in general to the terrain, and shall not be less than one-half (0.5) nor more than 6 per cent for major or collector streets or 10 per cent for minor streets in residential zones, but in no case more than 3 per cent within 50 feet of any intersection.

F. Changes in Grade

All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Town Engineer so that clear visibility shall be provided for a safe distance.

G. Curve Radii At Street Intersections

All street right-of-way lines at intersections shall be rounded by curves of at least 20 feet radius and curbs shall be adjusted accordingly.

H. Steep Grades and Curves; Visibility of Intersections

A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) which is shown shaded on Sketch A shall be cleared of all growth (except isolated trees) and obstructions above the level three feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility.

I Dead-End Streets (Cul-De-Sacs)

Where dead-end streets are designed to be so permanently, they should, in general, not exceed 500 feet in length, and shall terminate in a circular turn-around having a minimum right-of- way radius of 75 feet and pavement radius of 60 feet. At the end of temporary dead-end streets a temporary turn-around with a pavement radius of 50 feet shall be provided, unless the Planning Board approves an alternate arrangement.

J. Watercourses

Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town Engineer. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way as required by the Town Engineer, and in no case less than 20 feet in width.

K. Curve Radii

In general, stree6t lines within a block, deflecting from each other at any on point by more than 10 degrees, shall be connected with a curve, the radius of which from the centerline of street shall not be less than 400 feet on major streets, 200 feet on collector streets and 100 feet on minor streets.

L. Service Streets or Loading Space in Commercial Development.

Paved rear service streets of not less than 20 feet in width or in lieu thereof, adequate off-street loading space, suitably surfaced, shall be provided in connection with lots designed for commercial use.

M. Free Flow of Vehicular Traffic Abutting Commercial Developments

In front of areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial use is contemplated, the street width shall be increased by such amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles, and to provide adequate and safe parking space for such commercial or business district.

Sec. 4. Street Names

A. Type of Name

All street names shown on a Preliminary Plat of Subdivision Plat shall be approved by the Planning Board. In general, streets shall have names and not number or letters as names. Streets shall be numbered according to the Countywide property numbering system if such is in effect.

B. Names to be Substantially Different

Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Generally, no street should change direction by 90�� or more without a change in street name.

Sec. 5. Lots

A. Lots to be Buildable

The lot arrangement shall be such that in constructing a building in compliance with the Zoning Ordinance, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.

B. Side Lines

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

C. Corner Lots

In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site.

D. Driveway Access

Driveway grades between the street and the setback line shall not exceed 10 per cent.

E. Access From Private Streets

Access from private streets shall be deemed acceptable only if such streets are designed and. improved in accordance with these regulations.

F. Monuments and Lot Corner Markers

Permanent monuments meeting specifications approved by the Town Engineer as to size, type and installation, shall be set at such block corners, angle points, points of curves in streets and other points as the Town Engineer may require, and their location shall be shown on the Subdivision Plat.

G. Landscaping and Ground Cover

Topsoil moved during the course of construction shall be redistributed so as to provide at least 6 inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting within 90 days of completion of the structure thereon, weather permitting. The maximum time limit shall be 180 days. Rubble and other debris shall be removed from each lot within 90 days of completion of structure thereon. All lot areas which are not covered by structures or paving shall be properly seeded by the developer within 6 months of excavation. Individual homeowners may, by written agreement with the subdivider and builder, seed and landscape their property independently.

Sec. 6. Drainage Improvements

A. Removal of Spring and Surface Water

The 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 drainage facilities shall be located in the street right-of-way where feasible, or in perpetual unobstructed easements of appropriate width.

B. Drainage Structure to Accommodate Potential Development Upstream

A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall approve the design and size of facility based on anticipated runoff from a "ten year" storm under conditions of total potential development permitted by the Zoning Ordinance in the watershed.

C. Responsibility From Drainage Downstream

The subdivider's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision; this study shall be reviewed by the Town Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a five year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of said condition.

D. Land Subject to Flooding

Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or improved in a manner satisfactory to the Planning Board to remedy said hazardous conditions.

Sec.7. Parks, Open Spaces, and Natural Features

A. Recreation Areas Shown on Town Plan

Where a proposed park, playground or open space shown on the Town Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the Plat in accordance with the requirements specified in paragraph (B) below. Such area or areas may be dedicated to the Town by the subdivider if the Town Board approves such dedication.

B. Parks and Playgrounds Not Shown on Town Plan

The Planning Board shall require that the Plat show sites of a character, extent, and location suitable for the development of a park, playground, or other recreation purpose. The Planning Board may require that the developer satisfactorily grade any such recreation areas shown on the Plat.

The Board shall require that not less than 3 acres of recreation space be provided per 100 dwelling units shown on the plat. However, in no case shall the amount be more than 10 per cent of the total area of the subdivision. Such area or areas may be dedicated to the Town by the subdivider if the Town Board approves such dedication. Appropriate legal measures should be taken to assure that such land can never be developed for other than recreational purposes.

C.   Information To Be Submitted

In the event that an area to be used for a park or playground is required to be so shown, the subdivider shall submit, prior to final approval to the Board, three prints (one on cloth or equivalent) drawn in ink showing, at a scale of not less than thirty (30) feet to the inch, such area and the following features thereof:

a.    The boundaries of the said area, giving lengths and bearings of all straight lines; radii, lengths, central angles and tangent distances of all curves.

b.    Existing features such as brooks, ponds

 clusters of trees, rock outcrops, structures.

c.    Existing, and, if applicable, proposed changes in grade and contours of the said area and of area immediately adjacent.

D.   Waiver of Plat Designation Of Area For Parks And Playgrounds

In cases where the Planning Board finds that due to the size, topography, or location of the 'subdivision, land for park, playground or other recreation purpose cannot be properly located therein, or, if in the opinion of the Board it is not desirable, the Board may waive the requirement that the Plat show land for such purposes. The Board shall then require as a condition to approval of the Plat a payment to the Town of 50.00 dollars per gross acre of land which otherwise would have been acceptable as a recreation site. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in Article IV, Section 7B.

Such amount shall be paid to the Town Board at the time of final Plat approval, and no Plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Town Board in a special Town Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that (a) is suitable for permanent park, playground or other recreational purposes, and (b) is so located that it will serve primarily the general neighborhood in which the land covered by the Plat lies, and (c) shall be used only for park, playground or other recreational land acquisition or improvements. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the Plat is situated, providing the Planning Board finds there is a need for such improvements.

E. Reserve Strips Prohibited

Reserve strips of land, which might be used to control access from the proposed subdivision to any neighboring property, or to any land within the subdivision itself shall be prohibited.

F. Preservation Of Natural Features

The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, water courses and falls, beaches, historic spots, vistas and similar irreplaceable assets. No tree with a diameter of 8 inches or more as measured 3 feet above the base of the trunk shall be removed unless such tree is within the right-of-way of a street as shown on the final Subdivision Plat. Removal of additional trees shall be subject to the approval of the Planning Board. In no case, however, shall a tree with a diameter of 8 inches or more as measured 3 feet above the base of the trunk be removed without prior approval by the Planning Board.

ARTICLE V: DOCUMENTS TO BE SUBMITTED

Sec. 1.    Sketch Plan

A.   The sketch plan initially submitted to the Planning Board shall be based on tax map information or some other similarly accurate base map at a scale (preferably not less than 200 feet to the inch) to enable the entire tract to be shown on one sheet. The Sketch Plan shall be submitted, showing the following information:

(1) The location of that portion which is to be subdivided

in relation to the entire tract, and the distance to the

nearest existing street intersection.

(2) All existing structures, wooded areas, streams and other

significant physical features, within the portion to be subdivided and within 200 feet thereof. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet.

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

(4) The tax map sheet, block and lot numbers, if available.

(5) All the utilities available, and all streets which are either proposed, mapped or built.

(6) The proposed pattern of lots (including lot width and depth), street layout, recreation areas, systems of drainage, sewerage, and water supply (see Section 2-A3) within the subdivided area.

(7) All existing restrictions on the use of land including easements, covenants, or zoning lines.

Sec. 2. Minor Subdivision Plat

A.   In the case of Minor Subdivision ONLY, the Subdivision Plat application shall include the following information:

(1) A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.

(2)   An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of tract shall also be located on the ground and marked by monuments as approved by the Town Engineer, and shall be referenced and shown on the Plat.

(3)   All on-site sanitation and water supply facilities shall be designed to meet the specification of the County Department of Health, and a note to this effect shall be stated on the Plat and signed by a licensed engineer.

(4)   Proposed subdivision name, name of the Town and County in which it is located.

(5)   The date, north point, map scale, name and address of record owner and subdivider.

 (6) The Plat to be filed with the County Clerk shall be prepared in the manner specified by the clerk at the time of submission.

Sec. 3. Major Subdivision preliminary Plat And Accompanying Data

A. Five copies not more than one hundred (100) but preferably not less than fifty (50) feet to the inch, showing:

(1) Proposed subdivision name, name of Town and County in which it is located, date, true north point, scale, name and address of record owner, subdivider and engineer or surveyor, including license number and seal.

(2)   The name of all subdivisions .immediately adjacent and the name of the owners of record of all adjacent property.

(3)   Zoning District, including exact boundary lines of district, of more than one district, and any proposed changes in the zoning district lines and/or the zoning ordinance text applicable to the area to be subdivided.

(4)   All parcels of land proposed to be dedicated to public use and the conditions of such dedication.

(5)   Location of existing property lines, easements, buildings, water courses, marshes, rock outcrops, wooded areas, single trees with a diameter of 8 inches or more as measured 3 feet above the base of the trunk and other significant existing features for the proposed subdivision and adjacent property.

(6)   Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.

(7)   Contours with intervals of 5 feet or less as required by the Board, including elevations on existing roads. Approximate grading plan if natural contours are to be changed more than 2 feet.

(8)   The width and location of any streets or public ways or places shown on the Official Map or the Master Plan, if such exists, within the area to be subdivided, and the width, location, grades and street profiles of all streets or public ways proposed by the developer.

(9)   The approximate location and size of all proposed water lines, valves, hydrants and sewer lines, and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in the Public Health law. Profiles of all proposed water and sewer lines.

(10) Storm drainage plan indicating the approximate location and size of proposed lines and their profiles. Connection to existing lines or alternate means of disposal.

(11) Plans and cross-sections showing the proposed location and type of sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, and the size and type thereof, the character, width and depth of pavements and sub-base, the location of manholes, basins and underground conduits.

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

(13) The proposed lot lines with approximate dimensions and area of each lot.

(14) Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet in width and which shall provide satisfactory access to an existing public highway or other public highway or public open space shown on the subdivision or the official map.

(15) An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of tract shall also be located on the ground and marked by substantial monuments of such size and type as approved by the Town Engineer, and shall be referenced and shown on the Plat.

B. If the application covers only a part of the subdivider's entire holding, a map of the entire tract, drawn at a scale of not less than 400 feet to the inch showing an outline of the platted area with its proposed streets and indication of the probable future street system with its grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire tract shall be submitted. The part of the subdivider's entire holding submitted shall be considered in the light of the entire holdings.

C.   A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.

Sec. 4. Major Subdivision Plat and Accompanying Data

The following documents shall be submitted for Plat approval:

A.   The Plat to be filed with the County Clerk shall be prepared in the manner specified by the clerk at the time of submission.

The Plat shall show:

(1)   Proposed subdivision name or identifying title and the name of the Town and County in which the subdivision is located, the name and address of record owner and subdivider, name, license number and seal of the licensed land surveyor.

(2)   Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use.

(3)   Sufficient data acceptable to the Town Engineer to determine readily the location, bearing and length of every street line, lot line, boundary line, and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the State system of plane coordinates, and in any event should be tied to reference points previously established by a public authority.

(4)   The length and bearing of all straight lines, radii, length of curves and central angles of all curves, tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The Plat shall show the boundaries of the property, location, graphic scale and true north point.

(5)   The Plat shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces title to which is reserved by the developer. For any of the latter, there shall be submitted with the Subdivision Plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefor.

(6)   All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Town Attorney as to their legal sufficiency.

(7)   Lot sand blocks within a subdivision shall be shown, and shall be constructed in accordance with specification of the Town Engineer. When referenced to the State system of plane coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Town Engineer and their location noted and referenced upon the Plat.

(8) Permanent reference monuments shall be shown, and shall be constructed in accordance with specification of the Town Engineer. When referenced to the State system of plane coordinates, they, shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Town Engineer and their location noted and referenced upon the Plat.

(9)   All lot comer markers shall be permanently located satisfactorily to the Town Engineer, at least three-quarter (3/4) inches (if metal) in diameter and at least 24 inches in length, and located in the ground to existing grade.

(10) Monuments of a type approved by the Town Engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided; and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Town Engineer.

B. Construction drawings including plans, profiles and typical cross-sections, as required, showing the proposed location, size and type of streets, sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements and sub-base, manholes, catchbasins and other facilities.

ARTICLE VI: WAIVERS

Sec. 1.

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 Official Map, the Master plan, or the Zoning Ordinance, if such exists.

Sec. 2.

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.

ARTICLE VII: VIOLATIONS AND PENALTIES

Sec. 1.

Any owner or agent, aha any person or corporation who shall violate any of the provisions of this regulation 'or fail to comply therewith or with any of the requirements thereof, or who shall erect , structurally alter, enlarge or rebuild any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted and approved hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be guilty of an offense "and upon conviction shall be liable to a fine of not more than Fifty Dollars ($50.00), or to imprisonment for not more than six weeks, or to both such fine and imprisonment. Each and every week such violation continues shall be deemed a separate' and distinct violation.

ARTICLE VIII: SEPARABILITY

Sec. 1.

Should any section or provision of the regulations contained herein or as amended hereafter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the regulations as a whole or any part thereof other than the part so declared to be invalid.

Town Fee Schedule

Filing Fee Year set
Plat Approval, Minor Subdivision  $50 3/2004
Preliminary Plat Approval, Major Subdivision $200
plus $50 per lot		 3/2004
Plat Approval, Major Subdivision  $25 12/1977