TOWN LAW
     

     

    Subdivision of Land

         PLEASE TAKE NOTICE that the Town Board of the Town of Hancock, Delaware County, New York, after holding a public hearing on November 9, l976, at 8:00 o'clock p.m. E.S.T. at the Municipal Building, 66 East Front Street, Hancock, New York, and hearing all interested persons, did enact an Ordinance as follows:

    NOTICE OF ADOPTION OF AN ORDINANCE TO CONTROL THE SUBDIVISION OF
    LAND IN THE TOWN OF HANCOCK

    ARTICLE I. AUTHORIZATION AND INTENT

    l.l. AUTHORITY
         By resolution adopted April 23, 1975, the Town Board of the Town of Hancock granted the Town Planning Board the authority to approve plats for the sub-division of lands within the Town of Hancock, pursuant to the provisions of section 276 of the Town Law of the State of New York.
    l.2. INTENT
         The purpose of this ordinance is to assure the convenience, safety, health and welfare of the residents of the Town of Hancock by land subdivision regulations that will assure the orderly, efficient and economical development of the Town.

    ARTICLE 2. DEFINITIONS

    LOT--A parcel of land separated from other parcels, for purpose of sale or separate use by means of a description as indicated on a subdivision a plat or recorded map.
    PLAT--The final drawing on which the subdivider's plan of sub-division is presented to the Planning Board fro approval, and if approved, to be submitted to the County Clerk for recording.
    PRELIMINARY PLAN--The introductory drawings and supplementary material indicating the proposed design of the sub-division to be submitted to the Planning Board for its consideration.
    STREET--A way for vehicular traffic, whether designated as a street, highway, road or however else designated.
    SUBDIVIDER--Any person, firm, association, partnership, corporation, fiduciary, trust or other legal entity seeking a sub-division of land as owner or agent for the owner.
    SUBDIVISION--The division of a parcel of land into two or more lots for immediate or future sale or building development wherein one or more of the resulting lots provides an area of less than one acre or any division of land requiring a new public street or public street extension.

    ARTICLE 3 SUBDIVISION APPLICATION PROCEDURE

         When any subdivision of land is proposed, before any offer is made to sell any part or all of the subdivision, and before any permit for the erection of any structure in such subdivision shall commence, or any grading, clearing, construction or other improvements are undertaken, the subdivider shall apply for approval of the proposed subdivision in accordance and with the following procedures:

    3.l. PREAPPLICATION CONFERENCE
         Prior to the filing of an application for subdivision approval, the applicant shall confer with the Planning Board to acquaint the applicant with the objectives of these regulations and to determine the necessary Preliminary Plan requirements.
    3.2. PRELIMINARY PLAN APPROVAL
         3.2.1. After receiving the Planning Board's evaluation of the proposed subdivision as provided above, the applicant shall submit three copies of a Preliminary Plan of the proposed subdivision, as specified in Article 4 of these regulations, to the secretary of the Planning Board at least l0 days prior to a regular meeting of the Board.
         3.2.2 A public hearing shall be held by the Planning Board within 45 days of the date of submission of a completed application for Preliminary Plan Approval. The hearing shall be advertised in the official paper of the Town at least five days before such hearing.
         3.2.3. Within 45 days of the Public Hearing the Planning Board shall act to accept, amend or reject the Preliminary Plan, and shall advise the applicant in writing, of the results of this action and reasons therefore.
         3.2.4. Planning Board Preliminary Approval shall be noted on two copies of the subdivision plan and one copy returned to the applicant.
         3.2.5. Approval of the Preliminary Plan shall not constituted approval of the Final Plat.
    3.3. FINAL PLAT APPROVAL
         3.3.l The Final Plat shall conform substantially to the approved Preliminary Plan, and if the applicant desires, it may constitute only that portion of the approved Preliminary Plan which is proposed to be developed at this time, provided that such portion meets all the requirements of these regulations and such other statutory requirements as may be applicable.
         3.3.2. Within six months of the date of Preliminary Approval, the applicant shall:
         a. Obtain approval, when required, of the New York State Department of Health.
         b. Submit to the Secretary of the Planning Board, at least ten days prior to the meeting at which it is to be considered, the original drawing and three copies of the Final Plat and other documents as specified in Article 4 of these regulations.
         c. Submit offers of cession of public roads to the Town Board.
         3.3.3. Within 45 days of the submission of the Final Plat to the Planning Board, the Board shall act to accept, amend or reject such Final Plat and shall advise the applicant in writing, of the results of this action and reasons therefore. No approval shall be deemed final unless the applicant has completed all the improvements noted in the Final Plat and complied with all other requirements of the Board, or in lieu of completion of such improvements has furnished the Town with a bond or certified check covering the costs of such improvements as determined by the Town Board.
         3.3.4. The Planning Board shall note its Final Approval on the original map and return same to the applicant.

    ARTICLE 4. INFORMATION TO BE SUBMITTED BY THE SUBDIVIDER

    4.l PRELIMINARY PLAN APPLICATION
         The subdivider shall submit the following data prior to Preliminary Plan Approval by the Planning Board:
         a. Name and address of the record owner of the property to be subdivided and the names of all adjoining property owners in accordance with current tax records.
         b. A survey map, drawn to scale and dated, showing the property to be subdivided and the entire adjacent property owned by the record owner.
         c. A subdivision plan indicating the proposed lot design and street pattern, number of lots, lot sizes and areas, and the water supply and sewage disposal facilities to be provided.
         d. The existing restrictions on the land to be subdivided, including private covenants and easements, if any.
         e. A topographic survey map showing land contours at not more than 20 foot intervals, and indicating existing water and sewage facilities, roads, structures and water bodies within and immediately adjacent to the proposed subdivision.
    4.2 FINAL PLAT APPLICATION
         The Final Plat submission shall conform to the Preliminary Plan as approved by the Planning Board and shall be drawn in accordance with the requirements of the New York State Department of Health. The following shall also be provided:
         a. Space on each sheet for the endorsement of the Planning Board and the New York State Department of Health.
         b. Certification by the licensed Land Surveyor or Professional Engineer who prepared the plat.
         c. Sufficient data to enable the Planning Board to determine the location, bearing and length of every street, lot and boundary line shown on the plat.
         d. The location and results of the soil perculation tests for each proposed home site in accordance with prevailing New York State Department of Health procedures.
         e. Designation on the plat of all proposed public streets for which offers of cession are made by the subdivider.
         f. Designation on the plat of all proposed private streets.
         g Certification by a qualified representative of the Town Board, where relevant, that the subdivider has:
         (l) installed streets, water, sewer, and electric facilities in accordance with all state and Local regulations in conformance with Planning Board approval of the Preliminary Plan; or
         (2) posted a bond or certified check, in an amount determined by the Town board, sufficient to assure completion of all required improvements.
         h. Approval of the New York State Department of Health and/or Department of Environmental Conservation, where required.
         I. Road access permits from State, County and Town authorities where required.
         j. Information on private restrictions, if any.

    ARTICLE 5 SUBDIVISION DESIGN STANDARDS

    5.l. MINIMUM LOT SIZE
         Every division of land hereafter sold or transferred, unless such transfer shall be to an adjoining property owner, shall provide a lot area of sufficient size to meet the sewage disposal standards of the N.Y.S. Department of Health for the use of the property, and the Planning Board may require evidence of such compliance.
    5.2 STREETS
         Future public streets, proposed to be offered to the Town, shall be constructed in accordance with the street construction standards currently in effect in the Town of Hancock.
         All streets not proposed for public dedication, and providing access to two or more home sites from an existing public street, shall conform as closely as possible to the existing topography as necessary to provide convenient and safe access for the residents of such properties. The Planning Board may require, where steep slopes exist, a road profile showing existing and proposed elevations along the centerline of all such private roads.
    5.3 DRAINAGE IMPROVEMENTS
         5.3 1 Land subject to periodic flooding shall not be platted for residential occupancy nor for any other use which may endanger life or property or aggravate the flood hazard.
         5.3.2 The subdivider may be required by the Planning Board to carry away by pipe or open ditch any spring or surface water that may exist either previous to, or as a result of the subdivision.
         5.3.3 Culverts or other drainage facilities shall be suitably sized to accommodate potential run off from its entire upstream drainage area, whether inside or outside the subdivision.
    5.4 PRESERVATION OF THE NATURAL ENVIRONMENT
         5.4.l The Planning Board shall, wherever possible, encourage the preservation of all natural features which add value to residential development and to the community, such as LARGE TREES, WOODED AREAS, WATER BODIES, MARSH AND BEACH LAND, HISTORIC SITES, VISTAS AND SIMILAR IRREPARABLE COMMUNITY ASSETS.
         5.4.2. Where top soil is removed from its natural position during the process of grading a subdivision site, such top soil shall be replaced to a depth equivalent to that existing prior to such grading, except in streets driveways and foundation areas.

    ARTICLE 6. WAIVERS

    6.l To serve the public interest, and without nullifying the purpose of this ordinance, the Planning Board may waive certain requirements provided herein, where:
         6.l.l. A subdivision contains not more than four lots fronting on an existing street, when the Board finds that such proposal will not adversely effect the development of the remainder of the parcel or adjoining properties; or where
         6.l.2. The Board finds that the most desirable use of the property proposed for subdivision will not be achieved by strict compliance with this ordinance.
         6.l.3. On granting a waiver the Planning Board may require such conditions as will, in its judgment, substantially secure the objectives of the requirements or standards so modified.

    ARTICLE 7 FEES

    7.1 The fee for processing a subdivision application shall be $10.00 to cover cost of publishing notice of required public hearing. Such fee shall be paid to the Planning Board at the time of submission of the Final Plat application.
    7.2 The cost of consulting fees for such professional engineering, legal or planning services that may be incurred in the administration of this ordinance, as authorized by the Planning Board or the Town Board, shall be charged to the applicant. The Planning Board shall advise the applicant of the extent of such costs prior to the submission of the Preliminary Plan application. One half of such cost shall be due prior to the granting of Preliminary Approval and the remainder shall be due prior to the granting of Final Approval.

    ARTICLE 8 VIOLATIONS AND PENALTIES

    8.l Any person who violates any provision of this ordinance shall be deemed to have committed an offense against this ordinance and also shall be liable for said violation.
    8.2 Any person , firm, or corporation violating this ordinance shall be subject to a civil penalty enforceable and collectable by the Town in the amount of $50.00 for each such offense: such penalty shall be collectable by and in the name of the Town.
    8.3 In addition to the above provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any portion of this ordinance.

    ARTICLE 9 VALIDITY

    9.l The invalidity of any provision of this ordinance shall not invalidate any other part.

    ARTICLE l0 EFFECTIVE DATE

    l0.l This ordinance shall take effect ten days after publication and posting or immediately upon personal service as provided by Section 133 of Town Law.

    DATED: November l0, l976
    BY ORDER OF THE TOWN BOARD OF THE TOWN OF HANCOCK, NEW YORK.
         Florence A. Whiting, Town Clerk

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