Local Law Providing for the Regulation of Land Subdivisions in the Town of Hartford

TOWN BOARD OF THE TOWN OF HARTFORD
COUNTY OF WASHINGTON, STATE OF NEW YORK
Local Law ___ of 2012
A LOCAL LAW PROVIDING FOR THE
REGULATION OF LAND SUBDIVISIONS
IN THE TOWN OF HARTFORD

DRAFT – SUBJECT TO PUBLIC HEARING & TOWN BOARD APPROVAL

Be it enacted by the Town Board of the Town of Hartford, as follows:
Article I: Declaration of Policy
Authority. The Planning Board of the Town of Hartford is empowered to approve or disapprove plats for the subdivision of land within the Town of Hartford and to assume all other powers and duties as prescribed by Article 16 of the New York State Town Law by the authority of the resolution of the Town Board of the Town of Hartford adopted on July 14, 1997, pursuant to Article 16 of Town Law of the State of New York and the Municipal Home Rule Law.
Policy. It is the policy of the Town of Hartford to consider subdivision plats as part of a plan for the orderly, economic, aesthetic, environmentally sound and efficient development of the town consistent with its rural character and way of life. The Town of Hartford recognizes the need to maintain an adequate base of quality farm and forest land in order to support the ongoing viability of the town’s primary industry, agriculture. The Town of Hartford also recognizes the need to accommodate growth and development, and preserve the rights of property owners. These subdivision regulations have been carefully designed to achieve an appropriate balance between these goals.
Objectives. The following objectives shall guide decisions made by the Planning Board concerning all proposed subdivisions:
1. Land to be subdivided shall be of such character that it can be used safely for its intended purpose without danger to the public health, safety or welfare.
2. Subdivisions shall be designed to fit harmoniously into the surrounding natural and built environment.
3. Land shall be subdivided in a way that protects the agricultural, ecological and scenic resources of the area in which it is located.
4. Subdivisions shall include proper provisions for water supply, drainage, sewage and other needed improvements and utilities.
5. Any proposed highways shall be designed and constructed to accommodate anticipated traffic while minimizing impacts on the environment. Rural road standards and shared access will be promoted for development within rural areas.
6. Subdivisions shall be designed to facilitate adequate fire and emergency protection, and provide adequate access for emergency response and service vehicles.
7. Applicants shall be expected to bear all capital costs to the town for public improvements necessary to serve planned development.
8. Subdivisions shall include proper provisions for access to and views of open spaces and natural areas necessary to sustain the town’s rural character and way of life.
9. Subdivisions shall be in conformance with the Town of Hartford Comprehensive Plan, and any additional plans or studies duly incorporated into the Comprehensive Plan.
10. All review under these regulations shall be coordinated, to the extent practicable, with involved agencies at the county and state level to ensure efficient, consistent and well-informed decision-making.
Title. This local law shall be known and cited as the Town of Hartford Land Subdivision Regulations.
Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements. The Planning Board may require more stringent provisions if deemed necessary to protect public health, safety and welfare.
Article II: General Requirements and Design Standards
Subdivisions shall be designed in conformance with the set forth in this article. These standards shall be considered minimum requirements. The Planning Board may only modify or waive these standards in accordance with the provisions of Article VI of these regulations.
SECTION 1: GENERAL REQUIREMENTS
A. Character of the Land. The subdivider shall demonstrate to the satisfaction of the Planning Board that the land to be subdivided can be safely developed for its intended use without danger to public health, safety or welfare, and with a minimum of detrimental effects on Hartford’s natural environment, agricultural economy and rural character.
B. Land Disturbance. The subdivider shall demonstrate to the satisfaction of the Planning Board that any proposed land disturbance (re-grading, removal of soil, filling) is the minimum necessary to provide adequate access to and building sites on the lots being created.
C. Preservation of Existing Features. The subdivider shall demonstrate to the satisfaction of the Planning Board that reasonable efforts have been made to design the subdivision in a manner that preserves existing natural, cultural, scenic, historic and agricultural features on the site.
(1) The subdivider shall recognize that the subdivision process will often require consideration of multiple features and site constraints, the Planning Board shall work with applicants to balance development and preservation of existing natural, cultural, scenic, historic and agricultural features on a site-specific basis.
D. Conformity with the Official Map and Comprehensive Plan. The subdivider shall demonstrate to the satisfaction of the Planning Board that the subdivision conforms to any Official Map and/or Comprehensive Plan duly adopted by the Town of Hartford.
E. Specifications for Required Improvements. The subdivider shall demonstrate to the satisfaction of the Planning Board that all required improvements will be constructed or installed to conform to any Public Works Specifications duly adopted by the Town of Hartford, Washington County, the State of New York, or, if such specifications have not been adopted, as reviewed and approved by the Town Engineer. Any new highways shall also conform to the requirements of Section 5 of these regulations.
SECTION 2: LOTS
A. Lots to be Buildable. The lot arrangement shall be such that in construction of a building, 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 highway lines and radial to curved highway lines, unless a variation from this rule will give a better highway or lot plan.
C. Corner Lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each highway and provide a desirable building site.
D. Building Envelopes. All lots created after the effective date of these regulations shall be suitable for development on one or more portions of a lot. No land disturbance shall occur outside a building envelope except as related to an agricultural, silvicultural or recreational (non-commercial) use. Building envelopes should:
(1) Not include floodplains, wetlands, streams or drainage ways, surface waters, steep slopes or other unbuildable land.
(2) Generally not be located on prime agricultural soils, and shall be located along the edge of, rather than in the center of, fields and meadows.
(3) Be set back at least 50 feet from all lot lines unless otherwise approved by the Planning Board so that development will be compatible with the settlement pattern of the area and fit into the surrounding natural and built environment.
(4) Be set back at least 100 feet from all streams, 50 feet from all wetlands and 25 feet from all ponds.
SECTION 3: ACCESS
A. Approval of Access onto a Public Highway. Access onto public highways is subject to approval by the town, county or state as applicable. Approval of access onto a public highway shall be obtained before the approval of a final subdivision plat.
B. Corner and Through Lots. Where a property fronts one more than one highway, access shall be on the less traveled highway unless the subdivider can demonstrate to the satisfaction of the Planning Board that access on the more heavily traveled highway would be safer and that relief from the hardship is justified.
C. Shared Access. Subdivision of a parcel after the effective date of these regulations shall not create an automatic right to construct more than one access. The Planning Board may require provision for shared access between adjoining properties.
D. Width of Access. Access shall be limited to a maximum defined width of 40 feet and the Planning Board may further limit the width of access to the minimum necessary to accommodate anticipated traffic. The Planning Board may waive this provision where necessary to improve visibility and provide for safer access.
E. Access to Working Lands. Subdivisions shall be designed to avoid restricting access to surrounding farm and forest land by agricultural and forestry vehicles and equipment.
SECTION 4: RESIDENTIAL DRIVEWAYS
General. New driveways serving not more than 4 dwellings shall be designed and built to provide suitable access to building sites in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code and the standards below:
(1) Driveways shall be not less than 20 feet or more than 40 feet in width. Driveways shall have a cleared width and height of not less than 14 feet.
(2) Driveways shall not exceed a 12% slope as averaged over any 100-foot section
(3) Driveways shall not exceed 3% slope within 40 feet of their intersection with the highway and shall provide a suitable negative grade within 40 feet of the intersection with the highway pavement.
(4) Driveways shall not intersect the highway at less than a 75-degree angle.
(5) Driveways shall be designed to prevent adverse impacts from stormwater drainage or erosion on public highways and infrastructure.
(6) Driveways shall be designed with adequate turnaround areas so that vehicles do not back out onto the highway.
SECTION 5: HIGHWAYS
A. Applicability. The Planning Board shall not approve any subdivision involving new construction unless proposed highways are designed in accordance with the requirements of this section or any Public Works Specifications duly adopted by the Town of Hartford. Approval of a subdivision by the Planning Board shall not be deemed to constitute or be evidence of acceptance by the Town of Hartford of any highway or easement. Every highway shown on a plat that is filed or recorded in the Washington
County Clerk’s Office shall be deemed a private highway unless it has been formally accepted as a public highway by resolution of the Town Board.
B. Improvements within Public Highways. Where the subdivider proposes improvements within existing highway, the proposed design and construction details shall be approved in writing by the appropriate town, county or state entity, as applicable.
C. Private Highways. In addition to the design standards of Paragraph D below, the following requirements shall all private highways:
(1) All private highways shall be designated as such and shall include that designation on required road signs.
(2) Where the subdivision highways are to remain private, the following words shall appear on the recorded plat, “All highways in this subdivision shall remain private highways to be maintained by the developer or the lot owners and shall not be accepted by the town unless they meet all applicable design and construction standards. Conformance with applicable design and construction standards shall not be deemed to constitute or to mandate the town’s acceptance of private highways.”
(3) A road maintenance agreement shall be recorded with the deed of each property to be served by a private highway. The agreement shall provide for a method to initiate and finance a private highway and maintain that highway in adequate condition, and a method of apportioning maintenance costs to current and future users.
(4) Denial for the Development of Private Highways. Where the Planning Board finds that a proposed private highway does not conform to the policies of said Board as stated in Article I of these regulations, said Board may deny the approval of any plan proposing private highways or require such highways to meet the standards required to be met by highways intended to be taken over and maintained by the Town of Hartford.
D. Highway Design Standards. These design standards shall control the roadway, shoulders, clear zones, curbs, sidewalks, drainage systems, culverts and other appurtenances associated with the highway, and shall be met by all proposed highways. The following design standards shall apply to all new highways, whether public or private:
(1) General. The arrangement, character, extent, width, grade and location of all highways shall be considered in their relation to existing and planned highways, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such highways. The proposed highways shall adequately address stormwater drainage concerns on site.
(2) Interconnected Highway Network. The arrangement of new highways shall provide for the continuation, if appropriate, of highways in the surrounding area and be such as to compose a convenient system both for the subdivision and connection to the existing highway network. The Planning Board may require the reservation of an easement to provide continuation of the highway where future development is possible on
the subject or an adjoining parcel. The Planning Board may require construction of highway stubs or financial guarantees to ensure future construction of highway connections.
(3) Highways and Utilities. Highway layout shall consider the installation of utility distribution and service lines and shall be situated so as to best accommodate these installations in an acceptable manner. The construction of highways and the installation of utilities shall be planned sequentially, so that construction operations do not conflict and so that subsequent construction operations do not interfere with or destroy completed work.
(4) Highways and Topography. Highway layout shall follow the natural contours of the site and the grade of highways shall conform as closely as possible to the natural terrain. Highway grades shall be arranged to allow for maximum number of proposed building sites to be situated at or above the finished grade level of the highway.
(5) Highways and Protection of Natural Resources. Highway layout shall minimize stream and wetland crossings, avoid traversing steep slopes, and avoid soils with susceptibility to erosion or slippage. Clearing and grading for highway and utility installations shall be limited to that which is necessary to construct safe highways, provide needed roadside and embankment drainage, construct stable cuts and fills, and provide for utility installation.
(6) Highway Connections. Any subdivision expected to create twenty (20) or more lots shall have at least two connections to an existing public highway or a private highway that meets the standards of this section.
(7) Compatibility with Anticipated Traffic and Use. Highways shall be designed to standards that will accommodate the average daily traffic expected to occur on the highway and the intended use. The Planning Board may increase minimum standards as deemed necessary to accommodate anticipated traffic levels, travel speed, truck traffic, terrain, or types/density of development to be served by the highway.
(8) Intersections. Highways intersections shall be designed in accordance with the following:
(a) Highway grade shall not exceed 3% within 50 feet of any intersection.
(b) All intersections shall be separated as specified in the table below unless directly opposite each other. Jogs in a highway with centerline offsets less than the minimum separation requirement shall be prohibited.
(c) Highways shall be laid out so as to intersect as close as possible to a right angle.
(d) Within the sight triangle (as established in the table below, based on the highest posted speed), visibility shall not be restricted by natural landform or by the location of any structure or vegetation.
0-30 MPH
31-45 MPH
46-55 MPH
Minimum Intersection Spacing
150 ft
300 ft
500ft
Minimum Sight Distance
200 ft
400 ft
600 ft
Minimum Sight Triangle
30 ft
40 ft
50 ft
(9) Dead-End Highways. Dead-end highways shall only be allowed where necessitated by site-specific physical conditions (e.g., steep slopes, streams, wetlands, etc.) or where a highway will serve not more than 9 residential lots. Dead-end highways consisting of less than twenty (20) lots shall terminate with a cul-de-sac.
(10) Crossing Watercourses. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a storm water easement or drainage easement as required by the Town Engineer, and in no case less than twenty (20) feet in width.
(11) Curbs. Unless necessary for stormwater management purposes, highways in rural residential subdivisions shall not be designed with curbs. Highways and curbing, where required shall be designed to effectively remove stormwater from the highway surface.
(12) Highway Lights. Highways in rural subdivisions shall generally not be designed with highway lights. The Planning Board may approve installation of highway lights at intersections and/or where it deems necessary for public safety. Highway lights shall be full cut-off fixtures and use of energy-efficient fixtures is strongly encouraged.
(13) Highway Names. Highways shall be named and numbered in conformance with Washington County 911 highway naming and numbering conventions.
SECTION 6: UTILITIES
A. General. All utility systems, existing and proposed, shall be shown on the subdivision plat and shall be located and designed as follows:
(1) All utility systems, which may include but not be limited to water, sewer, electric, gas, telephone, fiber optics, and television cable, shall be located underground. The Planning Board may waive this provision, if the applicant can demonstrate that undergrounding is unreasonable and prohibitively expensive (i.e., burial would require extensive blasting and ledge removal or disturbance of ecologically sensitive areas).
(2) Underground utilities shall be placed, wherever possible, in the highway right-of-way to simplify location and repair of utilities. Underground service connections shall be installed to the lot line of each lot for all required utilities. Where topography is such as to make impractical the inclusion of underground utilities within the highway right-of-way, perpetual unobstructed easements at least 20 feet wide shall be provided
with satisfactory access to the highway. Such easements shall be cleared and graded where required.
(3) To the greatest extent feasible, utility corridors shall be shared with other utility and/or transportation corridors, be connected to and/or continue corridors from adjoining parcels, and be located to minimize site disturbance and any adverse impacts to natural, cultural, agricultural or scenic features, and to public health.
(4) All utility boxes shall be screened from public view to the greatest extent feasible. Utility buildings shall be designed to have the exterior appearance of residential or agricultural accessory buildings typical of the area in which they will be located.
B. Wastewater. The subdivider shall submit evidence of site suitability for subsurface sewage disposal prepared by a licensed professional engineer in full compliance with New York State Department of Health regulations. Reserve areas designated for future replacement of an on-site wastewater disposal system shall be shown on the subdivision plat and restricted in the deed so as not to be built upon. If a common wastewater treatment system is provided by the subdivider, the design, construction and operation of the system shall conform to state regulations.
C. Water Supply. Individual wells shall be sited and constructed to prevent infiltration of surface water, and contamination from subsurface wastewater disposal systems and other sources of potential contamination. Lot design shall permit placement of wells, subsurface wastewater disposal areas and reserve sites for subsurface wastewater disposal areas in compliance with state regulations. If a common water supply system is provided by the subdivider, the location and protection of the source, the design, construction and operation of the system shall conform to state regulations
D. Stormwater Management. Stormwater shall be managed on-site so that there is no increase in the rate of drainage flowing onto adjoining properties or highways Surface water drainage facilities shall be designed to handle all on-site runoff (75-year storm frequency as the minimum design criteria). The subdivider shall submit a stormwater management plan for Planning Board approval.
E. Land Subject to Flooding. Land subject to flooding or land deemed by the Planning Board to be uninhabitable, should 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 should 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.
SECTION 7: RECREATIONAL AREAS, ASSOCIATED FEES, AND NATURAL FEATURES
A. Recreational Areas
(1) For Minor Subdivisions, a fee of Fifty Dollars ($50) for each lot created in addition to the original. Said fees are to be paid by the Subdivider upon the approval of the subdivision and prior to the signing of the mylar for any such subdivision by the
Planning Board. This fee shall apply to Exempt Subdivisions as well as Minor Subdivisions, and the fee shall be used by the Town Board for the funding of recreational opportunities in the Town of Hartford.
(2) For any Major Subdivisions, the Planning Board may require a given area to be set aside for recreational use. Such an area or areas may be dedicated to the Town by the Subdivider if the Town Board approves such dedication. In deciding whether or not to require recreational areas, the Planning Board shall take into account the area proposed to be dedicated, the ease of maintenance by the Town, the potential for use of said lands by the residents of the Town, and the overall feasibility of such dedication of such lands. If the Planning Board decides not to require a given area to be set aside for recreational use, the Planning Board shall require the payment of a fee to be placed into an account by the Town Board for the funding of recreational opportunities in the Town of Hartford.
The fee schedule shall be as follows:
For Major Subdivisions of up to 10 lots in addition to the original lot: $200 per lot. For example, a 9 lot subdivision will require a fee of $1800.
For Major Subdivisions of up to 20 lots in addition to the original lot: $500 per lot For example, a 19 lot subdivision will require a fee of $9,500.
For Major Subdivisions of more than 21 lots in addition to the original lot: $750 per lot. For example, a 29 lot subdivision will require a fee of $21,750.
Said fees are to be paid by the developer upon the approval of the subdivision and prior to the signing of the mylar for any such subdivision by the Planning Board.
B. 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.
C. The Planning Board may require the subdivider to provide recreation amenities (such as play structures, sport courts or trails) as deemed appropriate to the proposed subdivision.
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.
SECTION I: SKETCH PLAN
A. Submission of Sketch Plan. Any owner of land shall, prior to subdividing or re-subdividing land, submit to the Secretary of the Planning Board at least fifteen (15) days
prior to the regular meeting of the Board seven (7) copies of a Sketch Plan of the proposed subdivision, which shall comply with the requirements of Article V, for the purposes of classification and preliminary discussion. The Planning Board may also require the subdivider to submit such additional copies of the Sketch Plan and any other documents as may be reasonably necessary for the Planning Board to review the subdivision.
B. Discussion of Requirements and Classifications. 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 time by the Planning Board as to whether it is an Exempt, Minor or Major Subdivision as defined in these regulations. The Board may require, however, when it deems necessary for protection of the public heath, safety and welfare, that any subdivision comply with all or some of the requirements specified for Major Subdivisions. The Board may require, when it deems necessary for the protection of the public health, safety and welfare, that an otherwise Exempt subdivision be deemed a Minor Subdivision as necessary for the protection of the public health, safety and welfare. If the Sketch Plan is classified as a Minor Subdivision, the subdivider shall then comply with the procedures outlined in these regulations. If it is classified as a Major Subdivision, the subdivider shall then comply with the procedures outlined in these regulations.
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 necessary, make specific recommendations, in writing, to be incorporated by the applicant in the next submission to the Planning Board.
SECTION 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 reclassification. The Plat shall conform to the layout shown on the Sketch Plan plus any recommendations made by the Planning Board. Said application shall conform to the requirements listed in these regulations.
All applications for Plat approval for a Minor Subdivision shall be accompanied by a fee of twenty-five dollars ($25.00).
If the Planning Board finds that, due to the technical or legal aspects of an application, it will require input from an engineer, attorney, or other expert to assist it in the review of the application, the Planning Board may require that the applicant pay for the costs of such experts, the amount of which shall not exceed Three Thousand Five Hundred Dollars ($3,500) without the prior notice to the applicant. Nothing contained herein shall be construed to be an estimate of the overall costs of such expert’s services and the
applicant shall be responsible for the payment of the actual costs thereof. The Planning Board may require that prior to the Planning Board’s review of the application, the applicant deposit a sum reasonably necessary to cover the costs of such expert’s review and comment, based on written or oral quotes from such experts, in advance of the review and comment to be provided by such experts.
B. Number of Copies. Ten (10) copies of the Subdivision Plat shall be presented to the Secretary of the Planning Board at least fifteen (15) days prior to a scheduled monthly meeting of the Planning Board. The Planning Board may also require the subdivider to submit such additional copies of the Subdivision Plat and any other documents as may be necessary for the Planning Board to review the subdivision.
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 Subdivision Plat.
D. When Officially Submitted. The time of submission of the Subdivision Plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least ten (10) days prior to which the application for Plat approval, complete and accompanied by the required fee and all data required by Article as been filed with the Secretary 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 of Subdivision Plat. The Planning Board shall, within forty-five (45) days from the date of the public hearing approve, modify and approve or disapprove the Subdivision Plat.
SECTION 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 consideration of a Preliminary Plat of the proposed subdivision, in the form described in these regulations. 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 these regulations, except where a waiver may be specifically authorized by the Planning Board.
The application for conditional approval of the Preliminary Plat shall be accompanied by a fee of $250.00, plus $250.00 per lot for each lot in the proposed subdivision.
If the Planning Board finds that, due to the technical or legal aspects of an application, it will require input from an engineer, attorney, or other expert to assist it in the review of the application, the Planning Board may require that the applicant pay for the costs of such experts, the amount of which shall not exceed Three Thousand Five Hundred Dollars ($3,500) without the prior notice to the applicant. Nothing contained herein shall be construed to be an estimate of the overall costs of such expert’s services and the
applicant shall be responsible for the payment of the actual costs thereof. The Planning Board may require that prior to the Planning Board’s review of the application, the applicant deposit a sum reasonably necessary to cover the costs of such expert’s review and comment, based on written or oral quotes from such experts, in advance of the review and comment to be provided by such experts.
B. Number of Copies. Ten (10) copies of the Preliminary Plat shall be presented to the Secretary of the Planning Board at least fifteen (15) days prior to a scheduled monthly meeting of the Planning Board. The Planning Board may also require the subdivider to submit such additional copies of the Preliminary Plat and any other documents as may be reasonably necessary for the Planning Board to review the subdivision.
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 arrangements, the future development of adjoining land 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 of the regular monthly meeting of the Planning Board at least ten days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by these regulations, has been filed with the Secretary of the Planning Board.
F. Public Hearing. A public hearing shall be held by the Planning Board within forty five (45) days from the time of submission of the preliminary 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.
G. Conditional Approval of the Preliminary Plat. Within forty-five (45) days from the close of the hearing on the preliminary plat, the Planning Board shall take action to conditionally approve, with or without modification, or disapprove such preliminary plat and the ground of any modification required or the ground for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such forty-five (45) day period shall constitute a conditional approval of the preliminary plat.
When granting conditional approval to a preliminary plat, the Planning Board shall state the conditions of such approval, if any, with respect to (1) the specific changes which it will require in 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 therefore which it will require as a
prerequisite to the approval of the Subdivision Plat. The action of the Planning Board plus any conditions attached thereto shall be noted on three copies of the Preliminary Plat. One copy shall be returned to the subdivider, one retained by the Planning Board and one forwarded to the Town Board. Conditional 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 and the conditions of the Conditional Approval, if any. Prior to approval of the Subdivision Plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.
SECTION 4: PLAT FOR MAJOR SUBDIVISION
A. Application for Approval. The subdivider shall, within six months after the conditional 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 Secretary of the Planning Board. All applications for Plat approval for Major Subdivisions shall be accompanied by a fee of $250.00 per lot. If the final plat is not submitted within six months after the conditional approval of the Preliminary Plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
If the Planning Board finds that, due to the technical or legal aspects of an application, it will require input from an engineer, attorney, or other expert to assist it in the review of the application, the Planning Board may require that the applicant pay for the costs of such experts, the amount of which shall not exceed Three Thousand Five Hundred Dollars ($3,500) without the prior notice to the applicant. Nothing contained herein shall be construed to be an estimate of the overall costs of such expert’s services and the applicant shall be responsible for the payment of the actual costs thereof. The Planning Board may require that prior to the Planning Board’s review of the application, the applicant deposit a sum reasonably necessary to cover the costs of such expert’s review and comment, based on written or oral quotes from such experts, in advance of the review and comment to be provided by such experts.
B. Number of Copies. A subdivider intending to submit a proposed Subdivision Plat for the final approval of the Planning Board shall provide the Secretary of the Planning Board with ten (10) copies of the application, one (1) original mylar of the Subdivision Plat, and ten (10) paper copies of the Subdivision Plat, together with one (1) original and one (1) true copy of all offers of cession, covenants and agreements and ten (10) copies of same, and ten (10) copies of all construction drawings, all of which must be submitted at least fifteen (15) days in advance of the regular monthly Planning Board meeting at which it is to be officially submitted. The Planning Board may also require the subdivider to submit such additional copies of the Subdivision Plat and any other documents as may be reasonably necessary for the Planning Board to review the subdivision.
C. When Officially Submitted. The time of submission of the Subdivision Plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least ten days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by these regulations, has been filed with the Secretary of the Planning Board. In addition, if the applicant elects to construct any or all required improvements, the Town Engineer must file a certificate with the Planning Board stating that these improvements have been satisfactorily installed before the Subdivision Plat shall be considered officially submitted.
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 New York State Department of Health District Sanitary Engineer. 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 New York State Department of Health District Sanitary Engineer shall be secured by the subdivider before official submission of the Subdivision Plat.
E. Public Hearing. A public hearing shall be held by the Planning Board within forty-five (45) days after the time of submission of the subdivision final plat for approval. This hearing shall be advertised in a newspaper of general circulation in the Town at least five (5) days before such hearing. However, where the Planning Board deems the final plat to be in substantial compliance with the preliminary plat previously approved under this Article, the Planning Board may waive the public hearing on the final plat.
F. Action on Proposed Subdivision Plat. The Planning Board shall, within forty-five (45) days from the date of the public hearing on the Subdivision Plat, or within forty-five (45) days of the submittal of the application for the final plat approval where such hearing has been waived; approve, modify and approve or disapprove the Subdivision Plat. However, the Subdivision Plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has complied with the regulations.
SECTION 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 sub-paragraph (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 shall be satisfactory to the Town Board and Town Engineer 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 not approved by the Town engineer. Any such bond shall be satisfactory to the Town Board and Town Engineer as to form sufficiency, manner of execution, and surety.
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 specification 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.
SECTION 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 appropriate officer of the Planning Board (chairman or Acting Chairman) and may be filed by the applicant in the Office of the County Clerk. Any Subdivision Plat not so filed or recorded within sixty (60) 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, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension which shall not exceed two additional periods of ninety (90) days.
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.
SECTION 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.
Article IV: Documents to be Submitted
SECTION 1: SKETCH PLAN
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 (except that where a subdivision is believed to fall in the exempt subdivision category, and is so classified by the Planning Board; the Planning Board may waive requirements (1), (2), (5) and (6) of this section):
(1) The location of that portion which is to be subdivided in relation to the entire tract, and the distances to the nearest 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 within the subdivided areas.
(7) All existing restrictions on the use of land including easements, covenants, or zoning lines.
SECTION 2: MINOR SUBDIVISION PLAT
In the case of Minor Subdivisions 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, may be required, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor.
(3) Proposed subdivision name, name of the Town and County in which it is located.
(4) The date, north point, map scale, name and address of record owner and subdivider.
(5) The Plat to be filed with the County Clerk shall be printed upon mylar.
SECTION 3: MAJOR SUBDIVISION PRELIMINARY PLAT AND ACCOMPANYING DATA
The following documents shall be submitted for Conditional Approval:
A. Five copies of the preliminary plat prepared at a scale of 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) All parcels of land proposed to be dedicated to public use and the conditions of such dedication.
(4) Location of existing property lines, easements, buildings, water courses, marshes, rock outcrops, wooded areas, and other significant existing features for the proposed subdivisions and adjacent property.
(5) Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
(6) Contours with intervals of five (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.
(7) 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.
(8) 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.
(9) Storm drainage plan indicating the approximate location and size of proposed lines and their profiles. Connection to existing lines or alternate means of disposal.
(10) Where such features are proposed, plans and cross-sections shall show 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.
(11) Preliminary designs of any bridges or culverts which may be required.
(12) The proposed lot lines with approximate dimensions and area of each lot.
(13) 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.
(14) 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 Authorized Engineer, and shall be referenced as 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 subdivider’s entire holding submitted shall be considered in the light of the entire holdings.
C. A copy of such covenant or deed restrictions as are intended to cover all or part of the tract.
SECTION 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 printed upon mylar. The Plat shall be drawn at a scale of no more than 100 feet to the inch and oriented with the north point at the top of the map. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire subdivision with lot and block numbers clearly legible.
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 bearings 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.
(6) All offers to 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) Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with the prevailing Town practice.
(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 Public Works. They shall be placed as required by the Town Engineer and their location noted and referenced upon the Plat.
(9) All lot corner markers shall be permanently located satisfactorily to the Town Authorized Engineer, at least three-quarters (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 as specified in the Highway Specifications, 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.
(11) A map shall be submitted to the satisfaction of the Planning Board, indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to these Regulations, then said map shall be submitted prior to final approval of the Subdivision Plat. However, if the subdivider elects to provide a bond or certified check for all Subdivision required improvements as specified in these Regulations, such bond shall not be released until such a map is submitted in a form satisfactory to the Planning Board.
Article V: Variances and Waivers
SECTION 1.
Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may issue a variance from these regulations in an individual case so that substantial justice may be done and the public interest secured; provided that such variations will not have the effect of nullifying the intent and purpose of any map, plan, regulation, law, or ordinance, if such exists.
SECTION 2.
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.
SECTION 3.
In granting variances and modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
Article VI: Definitions
Certain words and terms used in these regulations are defined in this article. Words not defined in this article shall have their ordinary dictionary meaning.
BUILDING ENVELOPE. Area of a building lot within which structures and their supporting above ground improvements may be located.
COMPREHENSIVE PLAN. The official document, adopted by the Town Board pursuant to Section 272-a of the New York State Town Law, that provides a consistent policy direction to guide the immediate and long-range protection, enhancement, and development of the Town of Hartford.
CONSERVATION EASEMENT. A legal agreement in the form of an easement, covenant, restriction or other interest in real property created under and subject to the provisions of Article 49, Title 3, of the New York State Environmental Conservation Law and filed at the Washington County Clerk’s office, which limits or restricts the development, management or use of such real property in perpetuity for the purpose of preserving or maintaining the scenic, agricultural, open, historic, recreational, archaeological, architectural or natural condition, character, significance or amenities of the property.
DRIVEWAY. A private way situated within a lot for vehicular traffic providing access from a highway to a dwelling or a commercial premises. Shared driveways, providing access to not more than 4 dwellings or lots may be approved by the Planning Board.
EASEMENT. The acquired right of one property owner to use a designated part of another person’s property for a specified purpose.
ENGINEER. A person licensed as a professional engineer by the State of New York.
LOT. A parcel of land having defined boundaries as shown on a duly approved and recorded subdivision plat filed with the Washington County Clerk.
LOT, CORNER. A lot located at the corner of two intersecting highways with frontage both highways.
LOT FRONTAGE. (a) a fee ownership of land on an existing public highway a minimum of thirty (30) feet wide. (b) A right of way or easement shall not be considered Frontage on an Existing Public Highway.
LOT, INTERIOR. A lot without frontage on a highway.
LOT, THROUGH. A lot, other than a corner lot, having frontage on more than one highway.
IMPROVEMENTS. A physical change to the land or installation of certain services necessary to create usable lots or building sites.
OFFICIAL MAP. If such exists, means the map established by the Town Board pursuant to Section 270 of the NYS Town Law, showing highways, watercourses, parks, and drainage, both existing and proposed.
PARCEL. A contiguous area of land owned by or recorded as the property of the same person or legal entity.
PLANNING BOARD. The Planning Board of the Town of Hartford.
PLAT. The map of a subdivision showing the location, boundaries and proposed ownership of individual properties and associated improvements.
PLAT, PRELIMINARY. The maps, drawings and other data showing the layout and associated improvements of a proposed subdivision, as specified in these regulations, submitted to the Planning Board for approval prior to submission of the final plat.
PLAT, SUBDIVISION OR FINAL. The final maps, drawings and other data on which the subdivider’s plan of subdivision, containing all information or detail required by law and by these regulations, is presented to the Planning Board for approval, and which, if approved, shall be submitted to the Washington County Clerk for filing or recording in order to complete the subdivision approval process.
RESOURCES, AGRICULTURAL. The natural (land, soil, water), built and human resources necessary to sustain agricultural production.
RESOURCES, ECOLOGICAL. Components and processes present or produced by nature, including soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.
RESOURCES, HISTORIC AND CULTURAL. Buildings or other structures, objects, landscapes, archaeological resources, or sites listed or eligible for listing on the State or National Registers of Historic Places or locally designated as an historic or cultural resource by the Town Board.
RESOURCES, SCENIC. Natural or built features or landscapes and vistas over them, which would be described as beautiful or visually pleasing by the average viewer.
RESUBDIVISION. Any change in the plat of a subdivision, which has previously been filed with the Washington County Clerk, that affects any highway layout, land reserved for public use, or the area or any other dimension of any lot. A resubdivision shall be considered a subdivision for the purposes of these regulations.
RURAL CHARACTER. Sense of place created by a relatively undeveloped landscape that is primarily devoted to working agricultural and forest lands and/or open space.
SKETCH PLAN. A sketch of a proposed subdivision showing the information required by 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 the objectives of these regulations.
HIGHWAY. A public highway that provides vehicular access to abutting properties.
HIGHWAY, COLLECTOR. A highway which serves, or is designed to serve, as a traffic way for a neighborhood or as a feeder to a major highway.
HIGHWAY, DEAD-END. A highway with only one means of vehicular ingress and egress and with a turnaround at its terminus.
HIGHWAY, MAJOR. A highway which serves or is designated 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.
HIGHWAY, MINOR. A highway intended to serve primarily as an access to abutting residential properties of not more than twenty-five (25) lots.
HIGHWAY, PAVEMENT. The wearing or exposed surface of the roadway used by vehicular traffic.
HIGHWAY, PRIVATE. A highway owned and maintained by a private entity (such as a homeowners’ association).
HIGHWAY, PUBLIC. A highway owned and maintained by a public entity (such a the state, county or town).
HIGHWAY, THROUGH. A highway with two or more means of vehicular ingress and egress.
HIGHWAY, WIDTH. The width of right-of-way, measured at right angles to the center line of the highway.
SUBDIVIDER. Any person or legal entity seeking to subdivide land.
SUBDIVISION. The division of any parcel of land into two or more lots, plots, sites for the purpose, whether immediate or future, of lot line alteration, transfer of ownership, lease for other than recreation, conservation or agricultural purposes, or building development. Such division shall include resubdivision of any parcel of land for which an approved plat has already been filed with the Washington County Clerk.
SUBDIVISION, EXEMPT. Means the division of land for sale or transfer of a single parcel of land from an originally wholly owned parcel, to a specific family member limited to the owner(s) parents, children, grandparents or grandchildren; any division of land and transfer of land for an expressed agricultural purpose; or the sale or exchange of parcels of land between owners of adjoining property if additional lots are not created, provided, however, that any of the above referenced subdivisions of land shall conform to the design requirements of a minor subdivision. Subdivision, Major. Any subdivision not classified as an exempt or minor subdivision.
SUBDIVISION, MINOR. Any subdivision creating not more than 4 additional lots from a parcel within any consecutive 5-year period and not involving any new highway or extension of municipal facilities.
SURVEYOR, LAND. A person licensed as a professional land surveyor by the State of New York.
TOWN ENGINEER. The licensed professional engineer, either employee or consultant, who has been designated to perform the duties of the Town Engineer for purposes of these regulations.
Article VII: Repealer.
Any and all local laws, resolutions or ordinances or parts of local laws, resolutions, or ordinances in conflict with any part of this Local Law are hereby repealed in its entirety.
Article VIII: Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this Local Law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
Article IX: Effective Date.
This Local Law shall take effect upon filing with the New York State Secretary of State