Model Land Subdivision Law. for Cattaraugus County, New York

Transcription

1 Model Land Subdivision Law for Cattaraugus County, New York Revised Draft: October 2, 2002 OUTLINE OF CONTENTS SECTION TITLE, SCOPE, AND PURPOSES 1 SECTION GENERAL REQUIREMENTS AND DESIGN STANDARDS 2 A. General Requirements 3 B. Street Layout and Design 3 C. Lots 6 D. Reservations and Easements 7 E. Water and Sewer 8 F. Private Roads 8 G. Landscaping Requirements 9 SECTION APPLICATION PROCEDURES AND SUBMISSION REQUIREMENTS 13 A. Sketch Plan 1. Submission Requirements a. Site Context Map b. Existing Resources/Site Analysis Map c. Sketch Plan Overlay Sheet d. Four-Step Design Process e. Four-Step Design Process: Villages Only f. Yield Plans to Determine Maximum Number of Lots in Flexible Conservation Subdivisions 2. Meeting and Review Process 19 a. Discussion of Requirements and Classifications b. Pre-Application Meeting c. Review of Site Context Map d. Review of Existing Resources and Site Analysis Map e. Site Inspection f. Pre-Sketch Conference g. Review of Sketch Plan Overlay Sheet 3. Other Governmental Agency Requirements 4. Preliminary Determination of Environmental Impacts 5. Study of Sketch Plan Overlay Sheet and Requirement for Flexible Conservation Subdivisions 6. Public Workshop B. Approval of Minor Subdivision Application 2. Fees 3. Number of Copies and Required Data 4. Relation to Other Lands of Applicant

2 5. Agricultural Data Statement Notification 6. Applicant to Attend Planning Board Meeting 7. Mediation 8. Study of Subdivision Plat 9. When Officially Submitted; SEQRA Compliance 10. Public Hearing 11. Action on Subdivision Plat 12. Conditional Approval 13. If the Planning Board is Not the Lead Agency C. Major Subdivision Preliminary Plat Application and Fees 2. Submission Requirements a. Basic Information b. Supplemental Information 1) Preliminary Resource Impact and Conservation Plan 2) Preliminary Improvements Plan 3) Preliminary Studies and Reports a. Sewer and Water Feasibility Reports b. Groundwater Protection and Replenishment Study c. Erosion and Sediment Control Plan d. Traffic Impact Study e. Community Association Documents f. Preliminary Greenway Ownership and Management Plan 4) Preliminary Engineering Certification 3. Relation to other Lands of Applicant 4. Agricultural Data Statement Notification 5. Applicant to Attend Planning Board Meeting 6. Mediation 7. Study of Preliminary Plat 8. When Officially Submitted 9. Approval of the Preliminary Plat 10. Coordination with the State Environmental Quality Review Act D. Resource Conservation and Greenway Delineation Standards Prioritized List of Resources to be Conserved 2. Other Design Considerations E. Conservation Land Ownership and Maintenance Standards Permanent Protection 2. Ownership Options a. Fee Simple Dedication to the Municipality b. Condominium Association c. Homeowner Association d. Private Conservation Land or the County e. Dedication of Easements to the Municipality f. Non-Common Private Ownership 3. Maintenance F. Major Subdivision Final Plat : Documents and Procedures Application for Approval and Fees 2. Major subdivision Final Plat and Accompanying Data 3. When Officially Submitted 4. Endorsement of State, County, and Town Agencies 5. Final Plats Which Are in Substantial Agreement with Approved Preliminary Plats 6. Final Plats Which Are Not in Substantial Agreement with Approved Preliminary Plats

3 7. Approval and Certification of Final Plats 8. Default Approval of Final Plat 9. Filing of Decision on Final Plats G. Required Improvements Improvements and Performance Bond 2. Modification of Design of Improvements 3. Inspection of Improvements 4. Proper Installation of Improvements H. Filing of Approved Subdivision Plat in Office of County Clerk 1. Final Plat and Filing 2. Plat Void if Revised After Approval I. Public Streets and Recreation Areas 1. Public Acceptance of Streets 2. Ownership and Maintenance of Recreation Areas J. RESOURCE CONSERVATION STANDARDS FOR SITE PREPARATION & CLEANUP 1. Conservation Practices During Site Preparation and Clean-Up 2. Protection of Vegetation from Grading Change its root systems. 3. Protection of Vegetation from Excavations 4. Protection of Topsoil SECTION WAIVERS AND AREA VARIANCES A. Waiver of Requirements B. Application for Area Variance SECTION VIOLATIONS A. Penalties B. Denial of Applications SECTION TERMINOLOGY AND DEFINITIONS A. Use and Interpretation of Words B. Definitions

4 TOWN OF LAND SUBDIVISION LAW Draft: (date) Section TITLE, SCOPE, AND PURPOSES A. Title This local law shall be known and may be cited as "The Subdivision Law of the Town of." B. Scope A local law regulating the approval of subdivision plats in the Town of, authorizing the Planning Board to: 1. Approve plats showing lots, blocks, or sites, with or without streets or highways; 2. Conditionally approve Preliminary Plats, within the Town of ; and 3. Pass and approve the development of entirely or partially undeveloped plats already filed in the Office of the Cattaraugus County Clerk. C. Enacting Clause and Purposes This local law is enacted pursuant to the authority and power granted by Municipal Home Rule Law of the State of New York, Article 2, Section 10, et. seq. and Sections 271, 276, 277, and 278 of the Town Law, in conformance with the Master Plan for the Town of, to protect and promote public health, safety, comfort, convenience, economy, natural, agricultural, and cultural resources, aesthetics, and the general welfare, and for the additional purposes listed in the Town of Zoning Law (hereinafter "Zoning Law"), if applicable. D. Application No Subdivision of any lot, tract, or parcel of land shall be affected and no street, sanitary sewer, storm sewer, water main, or other facilities in connection therewith shall be laid out, constructed, opened, or dedicated for public use and travel, or for the common use of occupants of buildings abutting thereon, except in strict accordance with the provisions of this local law. E. Policy It is declared to be the policy of the Town of Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient, environmentally sound, and economical development of the Town of, consistent with the Town of Master Plan and Zoning Law and the requirements of the State Environmental Quality Review Act (SEQRA). The following objectives shall guide the Planning Board's decisions: 1. 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. 2. Proper provision shall be made for drainage, water supply, sewerage, and other needed improvements and utilities. 3. Streets shall be of such width, grade, and location as to appropriately accommodate present and anticipated future traffic and to facilitate fire protection, while minimizing disruption of the natural environment. 4. Park or other natural areas of suitable location, size, and character for playground or other passive or active recreational purposes shall be shown on subdivision plats, where appropriate. 5. Proper provision shall be made for leaving undeveloped natural areas and corridors to mitigate the adverse environmental impacts of Subdivision and to sustain a diversity of native vegetation and wildlife, to protect water resources, agricultural land, and scenic viewsheds, and to implement the Town's policies of protection of its environmental and cultural resources pursuant to the Zoning Law.

5 6. New development shall be laid out in a manner that reflects and complements historic development patterns. F. Interpretation of Provisions All provisions of this local law shall be construed broadly to fulfill the purposes and policies stated in Subsections 125-1(C) and (E) above and the policies expressed in the Town of Master Plan (hereinafter the "Master Plan"). G. Self-imposed Restrictions Nothing in this local law shall prohibit a Applicant from placing self-imposed restrictions, not in violation of this local law, on the development. Such restrictions shall be indicated on the plat. H. Conflict with State Laws To the extent that any provisions of this local law are inconsistent with the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, Sections 271 and 276 through 278, the Town Board of the Town of hereby declares its intent to supersede those Sections of the Town Law, pursuant to its home rule powers under Municipal Home Rule Law, Article 2, Section 10, et. seq. of the Consolidated Laws of the State of New York I. Separability Clause 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 declared to be invalid. Section GENERAL REQUIREMENTS AND DESIGN STANDARDS In considering applications for Subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. These standards shall be minimum requirements and may be waived by the Planning Board only under circumstances set forth in Section In case of any inconsistency between this local law and Chapter of the Town Code (Streets and Sidewalks), this local law (Chapter 125) shall control. A. General Requirements 1. 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. 2. Conformity with Master Plan and Zoning Subdivisions shall conform to the Master Plan and Zoning Law. 3. Specifications for Required Improvements All required improvements shall be constructed or installed to conform to Town specifications, as established by the Planning Board or Town Board. 4. Preservation of Existing Features (a) Existing features which are important to the natural, scenic, and historic character of the Town or which add value to residential development, such as large trees, watercourses, wetlands, vernal pools, scenic views, historic places, and similar irreplaceable assets, should be preserved, insofar as possible, in the design of subdivisions. (b) The Planning Board may impose reasonable restrictions designed to preserve such features. (c) No tree with a diameter of eight inches or more, as measured three 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 Planning Board approval. In no case, however, shall a tree with a diameter of

6 eight inches or more, as measured three feet above the base of the trunk, be removed without prior Planning Board approval. (d) Topsoil shall not be removed from the site except with the approval of the Planning Board. (e) Where a proposed Subdivision contains open space of conservation value (as described in Section herein), the Planning Board may require a Flexible Conservation Subdivision (Subsection ) to ensure the preservation of such open space. B. Street Layout and Design 1. Width, Location, and Construction Streets shall be surveyed and shall be compatible with the existing character of the hamlet or rural area in which they are located. They shall be adequately constructed to accommodate the anticipated traffic and provide access for fire fighting, snow removal, and road maintenance equipment. The arrangement of streets shall not result in undue hardship to adjoining properties. Roads shall be constructed to such specifications as the Planning Board shall deem appropriate to fulfill the purposes of this local law and the Zoning Law (if applicable), after review and recommendation by the Town Highway Superintendent and Town Engineer. 2. Relation to Topography and Natural Features Streets shall be designed to minimize alteration of natural topography and to utilize the flattest terrain, and shall cross contours gradually, to minimize cutting and filling. Street alignments shall also avoid large trees wherever practicable. 3. Block Size in Hamlet Districts Within the hamlet districts (where applicable), blocks generally should not be less than 400 feet nor more than 800 feet in length. In general, no block width should 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 four-foot-wide paved footpath be included. 4. Intersections Except within the Hamlet Districts, intersections of major streets by other streets shall generally be at least 500 feet apart, four-cornered street intersections shall be avoided (except at major traffic intersections), and a distance of at least 125 feet shall be maintained between offset intersections. 5. Visibility at Intersections In order to provide visibility for traffic safety, corner lots shall be kept free of visual obstructions greater than three feet in height within twenty-five feet of intersections. If directed by the Planning Board, ground shall be excavated to achieve visibility. 6. Design Standards Streets shall meet the following standards, unless otherwise approved by the Planning Board after consulting with the Town Highway Superintendent and the Town Engineer pursuant to Subsection 125-2(B)(1). Standard street classification Private* Minor Collector Minimum Width of Right-of-way 40 feet 50 feet 60 feet Minimum Width of Travelled Way 12 feet 18 feet 22 feet Minimum Radius of 50 feet' 100 feet' 125 feet

7 Horizontal Curves Minimum Length of Tangent 50 feet 25 feet 25 feet Between Reverse Curves Maximum Grade 12% 10% 8% Minimum Grade 1% 1% 1% * See Section 125-2(F) of this local law. ' Except for street intersection corners. 7. Parking Reinforced parking shoulders shall be provided where houselots more than 80 feet wide, by extending the gravel base and sub-base three feet on each side of such streets. Such parking shoulders shall be dressed with three inches of loam and planted with white clover. Along streets where lots are 80 or less feet in width, a paved parking lane eight feet side shall be provided, in addition to the traveled way. 8. Continuation of Streets into Adjacent Property (a) Streets shall be arranged to provide for the continuation of principal streets between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision of utilities, and particularly where such continuation is in accordance with the Master Plan. (b) If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way and improvements shall be extended to the property line. A temporary circular turn-around a minimum of 50 feet in radius shall be provided on all temporary dead-end streets, with the notation on the plat that land outside the street right-of-way shall revert to abutters whenever the street is continued. The developer shall install a Temporary Culde-Sac sign at the entrance to such street before the first lot it sold. (c) Where a subdivision includes lots substantially larger than the minimum lot size, the Planning Board may, if appropriate, require a road and lot layout that will permit future resubdivision. 9. Connections With Existing Streets Subdivisions containing more than 25 lots shall have at least two street connections with existing streets, except where this would be impracticable due to steep slopes, wetlands, or unique natural or cultural features. 10. Permanent Dead-End Streets (cul de sacs) A circular turn-around with a minimum right-of-way radius of 50 feet or a "hammerhead" at least 100 feet in length shall be provided at the end of a permanent dead-end street. For greater convenience to traffic, and more effective police and fire protection, permanent dead-end streets shall be designed with central planting islands at least 40 feet in diameter and shall be permitted only where necessary to preserve important natural, historic, scenic, or recreational resources. Such streets shall, in general, be limited to serving no more than 25 dwellings. This limit may be waived in the case of small subdivisions not exceeding eight lots, where significant areas of contiguous open space are preserved. 11. Street Names All streets shall be named, and such names shall be subject to the approval of the Planning Board. Names shall be sufficiently different in sound and in spelling from other street names to avoid confusion. A Street, which is a continuation of an existing street, shall bear the same name. Wherever possible, street names should reflect natural features existing on the property both before and after development, historic names associated with the land, or bear some other meaningful relationship to the parcel.

8 12. Improvements (a) Streets shall be graded and improved with pavement, street signs, sidewalks, street lighting standards, curband-gutter or open swales, deciduous canopy shade trees at least 2.5 dbh planted at 40-foot intervals within the right-to-way on both sides of the street and within cul-de-sac planting islands, water mains, sanitary sewers, storm drains, and fire hydrants, except where the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of public health, safety, and general welfare. Waivers shall be encouraged in those areas where such improvements would detract from the rural and scenic character of the Town. (b) Underground utilities required by the Planning Board shall be placed between the travelled way and property line to simplify location and repair of the lines, and the Applicant shall install underground service connections to the property line of each lot before the street is paved. However, underground utilities shall not be required where bedrock is within four feet of the ground surface. (c) Grading and improvements shall conform to Town Highway Specifications (except when waived) and shall be approved as to design and specifications by the Highway Superintendent and Town Engineer. 13. Drainage (a) Minimizing Impact. Subdivisions shall be designed to maintain or improve pre-development drainage conditions by minimizing grading, cutting, and filling, by minimizing the use of impervious surface materials on roads, driveways, and other improved areas, by retaining existing vegetation, by using gently sloped vegetated swales, and by employing other non-structural or structural measures including retention or detention basins. (b) Removal of Surface Water. Where stormwater cannot be retained on-site through the design measures described in Subsection (a) above, the Applicant may be required 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. Drainage changes resulting from subdivision shall not adversely affect downstream properties or any watercourse. (c) Drainage Area to Accommodate Potential Development Upstream. Drainage areas shall be large enough to accommodate potential runoff from its entire upstream drainage area inside the subdivision. They shall be designed to maximize infiltration and groundwater recharge through infiltration trenches, rain gardens, and bioretention areas. To accomplish this, basins shall be broad and shallow rather than small and deep, wherever possible. The Town Engineer shall approve the design and size of the facility based on anticipated runoff from a ten-year storm, under conditions of probable future development permitted in the watershed, assuming compliance with applicable standards for control of stormwater. (d) Responsibility For Drainage Downstream. The Applicant's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the Subdivision; the Town Engineer shall review this study. 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 such condition. (e) Land Subject to Flooding. All subdivision applications shall comply with Chapter of the Code of the Town of. 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. Such land shall be set aside for uses that are not endangered by periodic or occasional inundation. Such land may also be improved in a manner that reduces the threat of localized and downstream flooding. C. Lots 1. Arrangement

9 The arrangement of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in locating a building on each lot and in providing access to buildings on such lots from an approved public or private road. 2. Watercourses (a) Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, an easement for stormwater drainage shall be provided as required by the Town Engineer, in no case less than 30 feet in width. (b) Where a watercourse separates the buildable area of a lot from the access street, provision shall be made for the installation of a culvert or other structure, of a design approved by the Highway Superintendent or Town Engineer. 3. Driveways and Common Driveways (a) The Planning Board shall assure that driveways are suitably laid out to provide safe access to improved streets, taking into consideration the rural character of the Town and the expressed policies of minimizing environmental disruption. The Planning Board shall encourage the use of common driveways, provided that safe access is feasible over the common driveway and that legally adequate recorded common driveway maintenance agreements are required as conditions of subdivision approval. The Planning Board may approve a Subdivision in which lots served by a common driveway have road frontage that is not physically suitable for the placement of a driveway. (b) Driveway Access. Driveway access and grades shall conform to specifications of the town driveway regulations, if any exist. Driveway grades between the street and the minimum front setback line shall not exceed 10%. In the event that such a grade will intersect existing underground utilities or will result in inadequate cover or protection for such utilities, the Planning Board may require the Applicant to relocate such underground utilities or take measures to provide adequate cover or protection of them, all at the Applicant's sole cost and expense and according to plans and specifications developed and submitted by the Applicant and approved by the Planning Board and utility owner. D. Reservations and Easements 1. Parks and Recreational Land (a) Before the Planning Board may approve a subdivision, such subdivision plat shall show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. (b) Land for park, playground, or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular Subdivision Plat will contribute. (c) Areas designated as potential recreation land in the Master Plan or Zoning Law (if applicable) shall be deemed to be suitably located for recreational purposes and a proper case shall be deemed to exist for requiring a reservation of all or a portion of such designated areas in any subdivision plat. (d) In the event that the Planning Board makes a finding pursuant to Subsection 125-2(D)(1)(b) above that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that suitable parks or recreation areas of adequate size to meet this requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for parks, recreational facilities, or recreation areas, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood and whether the location of the proposed recreational land is

10 shown in the Master Plan or Zoning Law (if applicable). Any monies required by the Planning Board in lieu of land for park, playground, or other recreational purposes, pursuant to the provisions of this Section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground, or other recreational purposes, including the acquisition of property. 2. Easements for Pedestrian Access In Flexible Conservation Subdivisions (FCS s), the Planning Board may require, in order to facilitate pedestrian access from streets to schools, parks, playgrounds, natural areas set aside for the benefit of the public, or other nearby streets, perpetual unobstructed easements at least 10 feet in width. 3. Ownership of Reservations Ownership shall be clearly indicated on the Plat for all reservations. E. Water and Sewer All subdivisions shall meet applicable water and sewer regulations of the County Health Department and the New York State DEC. F. Private Roads 1. General The Town finds that it presently contains a substantial network of public roads, which are costly to maintain. The Town seeks to minimize the costs of maintaining and improving its roads and wishes to encourage the protection of open space through the use of low-density subdivisions containing ten or more acres per principal dwelling served by private roads, as provided in Section of the Zoning Law (if applicable). 2. Design Standards The following are minimum standards for construction of private roads. These may be made more stringent for particular roads based upon topography, soils, and the number of users for which they are designed: (a) Whenever possible and as far as practicable, roads shall follow natural contours, shall avoid large trees, and shall cross open fields, passing instead along their edges. (b) Notwithstanding the minimum curve radii in Section 125-2(B)(6), roads may make 90-degree turns, provided that the road width and radius at such turns are sufficient to allow the passage of a fire-fighting vehicle after it has come to a full stop. (c) Grades shall not exceed 10% nor be less than 1%. Grades shall not be greater than 3% within 30 feet of an intersection. (d) The subgrade and foundation course shall be constructed as required by Chapter of the Town Code, as shall swale design. (e) The wearing surface shall consist of at least two inches of fine crushed stone or gravel. Pavement may be required for roads serving more than 20 dwelling units or when necessary because of topography, soil conditions, or other circumstances. (f) Where appropriate, provision shall be made for projection of streets or for access to adjoining property, which is not yet subdivided. (g) The Planning Board may waive minimum requirements if necessary to preserve large and important trees, historic structures, stone walls, stream corridors, scenic areas, or other important or unique landforms or landscape features. 3. Submission Requirements

11 An applicant shall submit to the Planning Board a professional engineer's drawings showing the location, dimensions, and grade of the road, as well as the specifications setting forth the proposed composition of the road and proposed measures to control erosion during construction. The Town Engineer shall review these plans and specifications and make further recommendations for consideration by the Planning Board. 4. Homeowners Association In Flexible Conservation Subdivisions (FCS s), a homeowners' association shall be created to maintain common land and facilities, as provided in Section of the Zoning Law (if applicable). 5. Private Streets Any roads that are to be privately owned and maintained shall be clearly labeled as such on the Final Plat. G. Landscaping Requirements 1. Wherever possible, existing native vegetation and trees shall be retained and land disturbance for creation of building sites and lawn areas shall be minimized. 2. The Planning Board shall require, as a condition of subdivision approval, the planting of native hardwood shade trees at intervals of 40 feet on both sides of all new streets. 3. Where lots are created with reverse frontage on new streets or existing roads or highways a no-cut buffer area of at least 75 feet shall be provided along such roads in which no land disturbance may occur (except as necessary for drainage, utilities, and pedestrian or bicycle paths) and in which either landscaped screening shall be planted or maintained or natural vegetation shall be permitted to grow into woods. This buffer requirement may be waived in the Hamlet District (if applicable), where solid wooden fencing not less than four feet high may be substituted for the 75-foot buffer. Section APPLICATION PROCEDURES AND SUBMISSION REQUIREMENTS Whenever any subdivision of land is proposed, and before any contract for the sale of any lots in such Subdivision is executed, the Applicant or his duly authorized agent shall apply in writing for subdivision approval in accordance with the following procedures. A. Sketch Plan 1. Submission Requirements The following plans and maps shall bear the name, signature, address, and telephone number of the engineer, land surveyor, or landscape architect responsible for preparing the plan or map. a. Site Context Map A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For sites under 100 acres in area, such maps shall be at a scale not less than 1 = 200, and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1 = 400, and shall show the above relationships within 2,000 feet of the site. The features that shall be shown on Site Context Maps include topography (from U.S.G.S. maps), stream valleys, wetland complexes (from maps published by the U.S. Fish & Wildlife Service or the U.S.D.A. Natural Resources Conservation Service), woodlands (from aerial photographs), ridge lines, public roads and trails, utility easements and rights of way, public land, and land protected under conservation easements. b. Existing Resources and Site Analysis Map

12 For all subdivisions (except those in which all proposed lots are to be ten or more acres in area), an Existing Resources and Site Analysis Map shall be prepared to provide the developer and the municipality with a comprehensive analysis of existing conditions, on the proposed development site. The Town shall review the map to assess its accuracy, conformance with municipal local laws, and likely impact upon the natural and cultural resources on the property. Unless otherwise specified by the Planning Board, such plans shall generally be prepared at the scale of 1 = 100 or 1 = 200, whichever would fit best on a single standard size sheet (24 x 36 ). The following information shall be included in this Map: 1) A vertical aerial photograph enlarged to the map scale, with the site boundaries clearly marked. 2) Topography, the contour lines of which shall generally be at two-foot intervals, determined by photogrammetry (although 10-foot intervals are permissible beyond the parcel boundaries, interpolated from U.S.G.S. published maps). The determination of appropriate contour intervals shall be made by the Planning Board, which may specify greater or lesser intervals on exceptionally steep or flat sites. Slopes between 15 and 25 percent and exceeding 25 percent shall be clearly indicated. Topography for major subdivisions shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official U.S.G.S. benchmarks. 3) The location and delineation of ponds, streams, ditches, drains, and natural drainage swales, as well as the 100-year floodplains and wetlands, as defined in the Zoning Local law. Additional areas of wetlands on the proposed development parcel, specifically including vernal pools (which are only seasonally wet), shall also be indicated, as evident from testing, visual inspection, or from the presence of wetland vegetation. 4) Vegetative cover conditions on the property according to general cover type including cultivated land, permanent grass land, meadow, pasture, old field, hedgerow, woodland and wetland, trees with a caliper in excess of fifteen inches, the actual canopy line of existing trees and woodlands. (However, sassafras trees greater than 8 dbh, and cherry trees greater than 12 dbh shall also be identified and located.) The Planning Board may waive these tree locational requirements within wetlands, floodplains, on slopes greater than 25%, and in other areas proposed to be conserved in their natural state. Vegetative types shall be described by plant community, relative age and condition. 5) Soil series, types and phases, as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service in the published soil survey for the county, and accompanying data published for each soil relating to its suitability for construction (and, in unsewered areas, for septic suitability). 6) Ridge lines and watershed boundaries shall be identified. 7) A viewshed analysis showing the location and extent of views into the property from public roads and from public parks, and public forests. 8) Geologic formations on the proposed development parcel, including rock outcroppings, cliffs, sinkholes, and fault lines, based on available published information or more detailed data obtained by the applicant. 9) All existing man-made features including but not limited to streets, driveways, farm roads, woods roads, trails, buildings, foundations, stone walls, wells, drainage fields, dumps and

13 waste disposal areas (both existing and abandoned), utilities, storage tanks (both above and below ground), fire hydrants, and storm and sanitary sewers. 10) Locations of all historically significant sites or structures on the tract, including but not limited to cellarholes, stone walls, earthworks, and graves. 11) Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.). 12) All easements and other encumbrances of property which are or have been filed of record with the Recorder of Deeds of Cattaraugus County shall be shown on the plan. 13) Total acreage of the tract, plus the Adjusted Tract Acreage, and all other information necessary to determine the density, with detailed supporting calculations. 14) For Type I Actions, a long-form EAF is required. c. Sketch Plan Overlay Sheet 1) A Sketch Plan Overlay Sheet shall be submitted by the applicant as a diagrammatic basis for initial discussion with the Board, the Planning Board, and the County Planning Board regarding the design of a proposed subdivision or land development. The purpose of the Sketch Plan Overlay Sheet is to help applicants and officials develop a better understanding of the property and to assist in establishing an overall design approach that respects its special or noteworthy features, while providing for the density permitted under the local zoning law. 2) To provide a full understanding of the site s potential and to facilitate the most effective exchange with the Planning Board, the Sketch Plan shall include the information listed below. Many of these items can be taken from the Existing Resources and Site Analysis Map, a document that must in any case be prepared and submitted no later than the date of the Site Inspection, which precedes the Conceptual Preliminary Plan. 3) To facilitate review, enabling officials to see clearly and quickly how well (or not) the Sketch Plan succeeds in designing around critical site features and potential greenway linkages, the diagrammatic Sketch Plan shall be prepared as a translucent or transparent overlay sheet placed on top of the Existing Resources and Site Analysis Map. Both of these drawing shall be produced at the same scale. a) Name and address of the legal owner, the equitable owner, and/or the applicant; b) Name and address of the professional engineer, surveyor, planner, architect, landscape architect, or site designer responsible for preparing the plan; c) Graphic scale (not greater than 1 = 200 ft.; however, dimensions on the plan need not be exact at this stage) and north arrow; d) Approximate tract boundaries, sufficient to locate the tract on a map of the municipality; e) Context map; f) Zoning district; g) Streets on and adjacent to the tract (both existing and proposed); h) 100-year floodplain limits, and approximate location of wetlands, if any;

14 i) Schematic layout indicating a general concept for land conservation and development ( bubble format is acceptable for this delineation of Step One of the four-step design process described in this local law); j) Proposed general street and lot layout; and k) In the case of land development plans, proposed location of buildings and major structures, parking areas and other improvements. l) General description of proposed method of water supply, sewage disposal, and stormwater management. d. Four-Step Design Process for Subdivisions All Preliminary Plats shall include documentation of a four-step design process in determining the layout of proposed Greenway lands, house sites, streets and lot lines, as described below. 1) Step One: Delineation of Greenway Lands a) Greenway lands shall include all Primary Conservation Areas and those parts of the remaining buildable lands with the highest resource significance, as described below and in Section D.4. In conventional subdivisions, Greenway lands may be located within individual lots. In Flexible Conservation Subdivisions, Greenway lands shall be located outside individual lots, in common areas owned and maintained by a homeowner association, on lands donated to land trusts or to a level of government, or in non-common open space. In Flexible Conservation Subdivisions, the minimum percentage and acreage of required Greenway Lands shall be calculated by the applicant and submitted as part of the Sketch Plan or Preliminary Plat in accordance with the provisions of this local law and of the zoning local law. b) Proposed Greenway lands shall be designated using the Existing Resources and Site Analysis Map as a base map and complying with Section of the local zoning law and Sections125-3.D herein, dealing with Resource Conservation and Greenway Delineation Standards. The municipality s Map of Potential Conservation Lands in the Comprehensive Plan shall also be referenced and considered. Primary Conservation Areas shall be delineated comprising floodplains, wetlands and slopes over 25 percent. c) In delineating Secondary Conservation Areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitabilities for inclusion in the proposed Greenway, in consultation with the Planning Board and in accordance with Sections D.1 and D.2 herein ( Prioritized List of Resources to be Conserved and Other Design Considerations ). d) On the basis of those priorities and practical considerations given to the tract s configuration, its context in relation to resources areas on adjoining and neighboring properties, and the applicant s subdivision objectives, Secondary Conservation Areas shall be delineated in a manner clearly indicating their boundaries as well as the types of resources included within them. Secondary Conservation Areas shall comprise at least 50 percent of the land area not occupied by street, drainage, or utility rights-of-way, 100-year floodplains, wetlands, or slopes of 25 percent or more.

15 2) Step Two: Identifying Potential Houselot Areas (House Sites Optional) Potential houselot areas shall be broadly identified (the use of bubble diagrams is permissible), using the proposed Greenway lands as a base map as well as other relevant data on the Existing Resources and Site Analysis Map such as topography and soils. The tentative locations of proposed house sites is not required, but is encouraged, to enable the most favorable siting in terms of views. If house sites are shown, they should generally be located not closer than 100 feet from Primary Conservation Areas and 50 feet from Secondary Conservation Areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences. 3) Step Three: Alignment of Streets and Trails Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards in Section B.6 herein and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed Greenway lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15%. Street connections shall generally be encouraged to minimize the number of new cul-desacs to be maintained by the municipality and to facilitate access to and from homes in different parts of the tract (and adjoining parcels), subject to the provisions of Section B.9. 4) Step Four: Drawing in the Lot Lines Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots. Applicants shall be prepared to submit four separate sketch maps indicating the findings of each step of the design process, if so requested by the Planning Board. e. The Four-Step Site Design Process for Villages The design process for laying out Flexible Conservation Subdivisions in Villages shall be a variation on the four-step process used in towns. In Villages, where traditional streetscape and terminal vistas are of greater importance, Steps Two and Three may be reversed, so that streets and squares are located during the second step, and house sites (an optional step)are located immediately thereafter. The first and most important step is to identify Greenway Lands, including both Primary and Secondary Conservation Areas. f. The Yield Plan Approach for Determining the Maximum Number of Lots in Flexible Conservation Subdivisions The maximum number of residential building lots permitted in a Flexible Conservation Subdivision shall be based upon a Yield Plan showing a conventional lot layout on the property, with all lots conforming to the requirements for conventional subdivisions as specified in the local zoning law for the zoning district in which the subdivision is proposed. 1) The Yield Plan shall be prepared as a simple, unengineered conceptual layout showing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, its dimensions may be approximate (to the nearest foot). Most importantly, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.

16 2) Yield Plans shall also reflect the dimensional standards for the minimum lot dimensions in the zoning district in which the proposed subdivision is located (if applicable). Yield Plans must identify the site's Primary Conservation Areas (unbuildable wetlands, floodplains, steep slopes, etc.) as identified on the Existing Resources/Site Analysis Plan, and demonstrate that the Primary Conservation Areas could be successfully absorbed in the development process without disturbance, by allocating this area to proposed single-family dwelling. 3) On sites not served by public sewer, density shall be further determined by evaluating the number of homes that could be supported by individual septic systems on conventional lots. Based on the location of the Primary Conservation Areas (identified on the Existing Resources and Site Analysis Plan) and observations made during an on-site visit of the property, the Planning Board shall select a ten percent sample of the lots considered to be marginal for on-lot sewage disposal. The applicant is required to provide evidence that these lots meet the standards for an individual septic system the applicant shall be granted the full density determined by the Yield Plan. Should any of the lots in a sample fail to meet the minimum standards for individual septic systems, those lots shall be deducted from the Yield Plan and a second ten percent sample shall be selected by the Planning Board and tested for compliance by the applicant. This process shall be repeated until all lots in a given sample meet the minimum standards for individual septic systems. 4) Yield Plan Dimensional Standards : Lots on Yield Plans shall conform to the minimum dimensional requirements pertaining to new lots within conventional residential subdivisions in that part of the municipality. 2. Sketch Plan Meeting and Review Process a. Discussion of Requirements and Classifications 1) The applicant or a duly authorized representative is strongly encouraged to attend the meeting of the Planning Board to discuss the requirements of this local law for street improvements, drainage, sewerage, water supply, fire protection, and related matters, as well as the availability of existing services and other pertinent information shown on the optional Sketch Plan Overlay Sheet. 2) The Planning Board shall classify the optional Sketch Plan as a Minor or Major Subdivision as defined in this local law. When the Planning Board has classified the subdivision as a Minor or Major Subdivision, a notation to that effect shall be made on the Sketch Plan Overlay Sheet. When it deems it necessary for protecting the public health, safety, and welfare (including the maintenance of Greenway connections and continuity), the Planning Board may require that Minor Subdivisions shall comply with some or all of the requirements specified for Major Subdivisions, including those pertaining to Flexible Conservation Subdivisions. 3) If the optional Sketch Plan is classified as a Minor Subdivision, the Applicant shall then comply with the procedure described in Subsection 125-3(B) of this local law. If it is classified as a Major Subdivision, the Applicant shall comply with the procedure described in Subsection 125-3(C) of this local law. b. Pre-Application Meeting A pre-application meeting is encouraged between the applicant, the site designer, and the Planning Board (and/or its planning consultant), to introduce the applicant to the municipality s zoning and subdivision regulations and procedures, to discuss the applicant s objectives, and to schedule site inspections, meetings and plan submissions as described below. Applicants are also encouraged to present the Existing Resources and Site Analysis Map at this meeting.

17 c. Site Context Map Applicants shall submit a Site Context Map prepared in accordance with Section A.1.a. d. Existing Resources and Site Analysis Map Applicants shall submit an Existing Resources and Site Analysis Map in its context, prepared in accordance with the requirements contained in Section A.1.b. The purpose of this key submission is to familiarize officials with existing conditions on the applicant s tract, and to provide a complete and factual reference for them in making a site inspection. This map shall be provided prior to or at the site inspection, and shall form the basis for the development design as shown on the diagrammatic Sketch Plan Overlay Sheet. e. Site Inspection After preparing the Existing Resources and Site Analysis Map, applicants shall arrange for a site inspection of the property by the Planning Board and other municipal officials, and shall distribute copies of said site analysis plan at that on-site meeting, which shall be publicized in the same manner as all other Planning Board meetings and workshops. Applicants, their site designers, and the landowner are encouraged to accompany the Planning Board. Abuttors shall also be notified in writing and invited to attend. The purpose of the visit is to familiarize local officials with the property s existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated conservation lands (if applicable), and potential locations for proposed buildings and street alignments. Comments made by municipal officials or their staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the Site Inspection, which is essentially an outdoor workshop session. f. Pre-Sketch Conference Following the site inspection and prior to the submission of a diagrammatic sketch plan, the applicant shall meet with the Planning Board to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the four-step design procedure described in Sections A.1.d and A.1.e of this local law, where applicable. At the discretion of the Board, this conference may be combined with the site inspection. g. Review of Sketch Plan Overlay Sheet 1) Copies of a diagrammatic Sketch Plan Overlay Sheet, meeting the requirements set forth in Section A.1.c, shall be submitted to the Town Secretary during business hours for distribution to the Board, the Planning Board, the Municipal Planner, the Municipal Engineer and applicable municipal advisory boards (such as the - please substitute NYS terms here -- Parks Board, the Environmental Advisory Council, the Conservation Commission, and the Open Space Committee) at least seven days prior to the Planning Board meeting at which the Sketch Plan Overlay Sheet is to be discussed. The Sketch Plan Overlay Sheet diagrammatically illustrates initial thoughts about a conceptual layout for greenway lands, house sites, and street alignments, and shall be based closely upon the information contained in the Existing Resources and Site Analysis Map. The Sketch Plan Overlay Sheet shall also be designed in accordance with the