Town of Cornwall, NY Subdivision of Land

Editor's Note: See Ch. 158, Zoning.

§ 125-2 General requirements for subdivision of land.

The subdivider shall observe the following general requirements and principles of land subdivision:

In general, the proposed subdivision shall conform to the Official Map and Master Plan, if any.

The arrangement of streets in the subdivision shall provide for the continuation of the principal streets in any adjoining subdivision or for their proper projection when adjoining property is not subdivided, and shall be of a width at least as great as that of such existing connecting streets and in no case less than the following specified widths:

Minor street: 50 feet.

Secondary street: 50 to 60 feet.

(c)

Major street: 60 to 80 feet.

All streets shall be constructed in conformance with the minimum specifications for new highways to be taken over by the Town as established and amended from time to time by resolution of the Town Board.[1]

Editor's Note: See Ch. A161, Street Specifications for Town Roads.

Permanent dead-end or cul-de-sac streets shall not in general exceed six times the required minimum lot width and shall be equipped with a turnaround roadway with a minimum diameter of right-of-way of 120 feet and a minimum outside diameter of traveled way of 100 feet unless the Board approves an equally safe and convenient form of turning space. The Board may approve a longer permanent dead-end street where topographic conditions and land ownership patterns so require. Temporary dead-end streets shall not in general exceed 12 times the required minimum lot width and shall be equipped with a turnaround which conforms to the standards for permanent dead-end streets; a temporary turnaround shall be provided with a notation on the plat that land outside the normal street right-of-way shall revert to abutting property owners whenever the street is continued.

[Amended 7-12-1999 by L.L. No. 2-1999]

(5)

Block lengths generally shall not exceed 12 times the required minimum lot widths.

(6)

Pedestrian crosswalks in public ways not less than 10 feet wide may be required by the Board near the center of all blocks over 600 feet long.

(7)

Each normal block shall be planned to provide two rows of lots, but irregularly shaped blocks indented by cul-de-sac streets and containing interior parks will be acceptable when properly designed and covered by agreements as to private maintenance of interior parks.

(8)

Intersections of streets shall be at angles as close to 90° as possible, and in no case shall two streets intersect at an angle smaller than 60°. To this end an oblique street should be curved approaching an intersection. Where three or more streets intersect, a traffic circle or other special treatment may be required by the Board. At block corners the traveled way shall be rounded with a curve having a radius of not less than 25 feet.

(9)

Side lines of lots, so far as practicable, shall be at right angles or radial to street lines.

(10)

Intersections of major streets by other streets shall be at least 800 feet apart, if possible. Cross (four-cornered) street intersections shall be avoided insofar as possible, except as shown on the Master Plan or at other important traffic intersections. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets. Grades shall be limited to no more than 2% within 50 feet of an intersection.

(11)

Grades and vertical curves of all streets shall be as set forth in the Town of Cornwall street specifications.[2]

[Amended 12-14-1987]

Editor's Note: See Ch. A161, Street Specifications.

(12)

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

(13)

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

(14)

Land subject to flooding shall not be platted for residential occupancy nor for such other uses as may increase danger to life or property or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation.

(15)

If a tract is subdivided into larger parcels than normal building lots, such parcels shall be arranged so as to allow the opening of future streets and public improvements and logical further resubdivision.

[Amended 12-14-1987]

(16)

Reserve strips. In general, no reserve strips controlling access to land dedicated or to be dedicated to public use will be permitted.

(17)

In general, street lines within a block deflecting from each other at any one point more than 10° shall be connected with a curve, the radius of which for the inner street lines shall not be less than 350 feet on main thoroughfares, 250 feet on secondary thoroughfares and 100 feet on local streets. The outer street in each case shall be parallel to such inner street line.

(18)

Park and playground sites.

Where a proposed park, playground or other permanent recreation area is shown on the Master Plan to be located in whole or in part in a proposed subdivision, the Planning Board shall require that such area or areas be shown on said plat.

In the case of recreation areas not shown on the Master Plan, the Planning Board shall, where deemed essential, require that the plat of a proposed subdivision show sites of a character, size and location suitable for the development of permanent parks or other recreation areas. The Planning Board shall require that not more than 10% of the gross area of the proposed subdivision be so shown. The minimum area of contiguous open space acceptable in fulfillment of this requirement shall be generally one acre. In the case of subdivisions under 10 acres, recreation areas of a lesser extent may be approved by the Planning Board whenever it deems that the difference between the area shown and one acre may be made up in connection with the subdivision of adjacent land.

(c)

Under either of the subsections specified above, the subdivider may submit a proposed subdivision of said land shown for recreational purposes, if the Town does not accept either the dedication or purchase of said land:

At the time of the issuance of 2/3 of the certificates of occupancy in said plat; or

Within 36 months after the date of the filing of said plat with the County Clerk.

(d)

In the event that an area to be used for permanent recreational facilities is required to be shown, the subdivider shall submit to the Planning Board a suitable tracing, at a scale of not less than 30 feet to an inch, showing the following:

The boundaries of said area.

Existing physical features such as brooks, ponds, trees, rock outcrops, structures, etc.

Existing and, if applicable, proposed changes in grades of said area and the land immediately adjacent.

(e)

Waiver of plat designation of area for parks and playgrounds. In cases where the Planning Board finds that due to the size, topography or location of the subdivision or for other reasons, land for park, playground or other recreation purposes cannot be properly located therein, or if in the opinion of the Board it is not desirable, the Board may waive the requirement that the plat show land for such purposes. The Board shall then require as a condition to approval of the plat a payment to the Town of a monetary amount per dwelling unit proposed, which amount shall be deemed reasonably necessary for the acquisition of permanent recreation land that can serve the residents of the proposed subdivision or the construction of capital recreation improvements and/or facilities which will permit existing recreation land to accommodate the residents of the proposed subdivision. Such amount shall be established by resolution of the Town Board and shall be included in a schedule of fees maintained on file in the office of the Town Clerk. Such amount shall be paid to the Town at the time of final plat approval, and no plat shall be signed by the authorized officers of the Board until such payment is made. Such amount shall be held by the Town in a special Town recreation site acquisition and improvement fund and applied only to one or more of the aforementioned recreation purposes.

[Amended 12-14-1987; 9-25-1989 by L.L. No. 4-1989]

(19)

Healthy existing trees over 12 inches in diameter at four feet in height above ground level shall be preserved by the subdivider, except as may be waived by the Planning Board. Other existing features, such as stands of healthy, mature existing trees, particularly when located adjacent to other existing healthy, mature tree stands, watercourses and falls, scenic vistas, or historic or archaeological resources, shall be preserved insofar as possible through harmonious design of the subdivision.

[Amended 5-13-2013 by L.L. No. 5-2013]

(20)

If any topsoil is removed from its natural position in the process of grading the subdivision site, such topsoil shall be replaced to a depth approximately equivalent to that existing prior to such grading, except in streets, driveways and foundation areas.

(21)

All roads shall be named, and such names shall be approved by the Superintendent of Public Works before final approval. Names shall be sufficiently different in sound and in spelling from other road names in the Town so as not to cause confusion. A road which is or is planned as a continuation of an existing road shall bear the same name.

[Amended 9-25-1989 by L.L. No. 4-1989]

(22)

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

[Amended 12-14-1987]

(23)

The developer shall be required by the Planning Board to carry away, by pipe or open ditch, any spring- or surface water that may exist either previously to or as a result of the subdivision or site plan. Such drainage facilities shall be located in the road rights-of-way, where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the requirements of the Town Engineer. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall determine the necessary size of facility assuming conditions of maximum potential watershed development permitted by the Zoning Ordinance.[3] The Town Engineer shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Board may withhold approval of the subdivision until provision has been made for the improvement of said potential condition.

[Amended 12-14-1987]

Editor's Note: See Ch. 158, Zoning.

(24)

Street signs of a type approved by the Superintendent of Public Works shall be provided by the developer and placed at all intersections in locations within the right-of-way approved by the Superintendent.

[Amended 9-25-1989 by L.L. No. 4-1989]

(25)

Where required by the Planning Board, streetlighting standards of a design approved by the Town Engineer shall be installed by the subdivider in a manner and location approved by the Town Engineer and Superintendent of Public Works. In the case of a subdivision involving a county or state highway, approval shall be obtained from the County Superintendent of Highways. Where a new lighting district is to be created or an existing district expanded, the applicant shall petition the Town Board to create said district or expansion before final approval.

[Amended 9-25-1989 by L.L. No. 4-1989]

(26)

The Board may require the planting of new street trees in subdivisions. Such trees shall be of a size specified by the Board and shall be planted in a manner and location prescribed by the Superintendent of Public Works.

[Amended 9-25-1989 by L.L. No. 4-1989]

(27)

The subdivider shall install sanitary sewer facilities in a manner prescribed by the Sewerage Disposal Systems Ordinance of the town.[4] Where a new sewer district is to be created or an existing district expanded, the applicant shall petition the Town Board to create said district or expansion before final approval.

Editor's Note: See Ch. 119, Sewers and Sewage Disposal.

(28)

Necessary action shall be taken by the developer to enable the Town Board to extend or create a water district for the purpose of providing water and fire hydrants to the subdivision. If water is to be obtained from the Village of Cornwall, then approval shall be secured in advance from the Village Board.

(29)

Underground installation of electric and other utility systems is required in subdivisions of four or more lots or in accordance with current New York State Public Service Commission regulations, whichever are more stringent.

[Amended 12-14-1987]

(30)

Where a subdivision borders an existing narrow road or when the Master Plan indicates plans for realignment or widening of a road that would require use of some of the land in the subdivision, the subdivider shall be required to show areas for widening or realigning such road on the plat, marked "Reserved for Road Realignment (or Widening) Purposes." It shall be mandatory to indicate such reservation on the plat when a proposed widening or realignment is shown on the Town or County Official Maps. Land reserved for such purposes may not be counted in satisfying yard or area requirements of the Zoning Ordinance;[5] said reservations may be required to be dedicated to the town.

[5]

Editor's Note: See Ch. 158, Zoning.

(31)

Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights-of-way, perpetual unobstructed easements at least 15 feet in width for such utilities or drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities. When a proposed drainage system will carry water across private land outside the subdivision, appropriate rights must be secured and indicated on the plat.

(32)

Upon receipt from the School Board of a letter declaring its interest in a school site of a specific size and location within a proposed subdivision, the Planning Board may require a subdivider to set aside such area in the design of the subdivision. Upon the failure of the School Board to secure an option to acquire or to purchase such school site prior to the date of the final approval of the plat, the subdivider shall be relieved of the responsibility of showing such land for public purposes.

(33)

When any subdivision of land is proposed to be made and before any contract for the sale of or any offer to sell such subdivision or part thereof is made and before the erection of any structure within such proposed subdivision shall commence or any grading, clearing, construction or any other improvements undertaken therein, the subdivider or his duly authorized agent shall apply for approval of such proposed subdivision in accordance with the procedures set forth in these regulations.

[Added 12-14-1987]

Variations of the foregoing general requirements outlined in Subsection A of this section may be made by the Board when in its judgment special factors warrant such a variation.

Review of Natural Resource Inventory and Scenic Resource Inventory.

[Added 7-12-2021 by L.L. No. 2-2021]

For all subdivisions of land that are subject to review under the State Environmental Quality Review Act (SEQRA),[6] the application for subdivision approval shall include a written statement of consistency with the Town's Natural Resource Inventory (NRI) and Scenic Resource Inventory (SRI). Such statement shall set forth whether the subdivision encompasses or otherwise affects resources identified within the NRI and/or the SRI and shall specifically identify which resources, if any, identified within the NRI and/or the SRI are affected and how such resources are affected by the proposed subdivision.

[6]

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

Before granting any subdivision approval application that is subject to this subsection, the Planning Board shall make a finding that any potential significant adverse environmental impacts of the project on resources identified within the NRI and/or the SRI have been mitigated to the maximum extent practicable.

§ 125-3 Preliminary plat and vicinity map.

The preliminary plat. The preliminary plat shall consist of one or more maps or drawings which may be printed or reproduced on paper with all dimensions shown in feet or decimals of a foot, drawn to a scale of not more than 100 feet to the inch where lots have frontage of 100 feet or more, or 60 feet to the inch where lots have less than 100 feet of frontage, showing or accompanied by the following information:

Proposed subdivision classification, name or identifying title and the name of the Town and county.

Name and address of record owner, subdivider and designer of preliminary layout.

Number of acres within the proposed subdivision, location of property lines, existing easements, buildings, watercourses and other essential existing features.

The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage.

(5)

The location of any existing sewers and water mains, culverts and drains on the property to be subdivided.

(6)

Location, names and present widths of existing and proposed streets, highways, easements, building lines, alleys, parks and other public open spaces and similar facts regarding adjacent property.

(7)

The provisions of the Zoning Ordinance[1] applicable to the area to be subdivided and any zoning district boundaries affecting the tract.

Editor's Note: See Ch. 158, Zoning.

(8)

The width and location of any streets or other public ways or places shown upon the Official Map and the Master Plan, if any, within the area to be subdivided, and the width, location, grades and street profiles of all streets or other public ways proposed by the subdivider.

(9)

Contour lines at intervals of five feet, based on United States Geological Survey datum, of existing grades and also of proposed finished grades where change of existing ground elevation will be five feet or more. Such contour lines shall be shown at any intervals of less than five feet where required by the State Department of Health.

(10)

Typical cross sections of the proposed grading and roadways and of sidewalks where there are unusual topographic conditions.

(11)

Date, true North point and scale.

(12)

Deed description or map of survey of tract boundaries, made and certified by a licensed land surveyor, tied into established Town reference points.

(13)

Connection with existing water supply or alternative means of providing water supply to the proposed subdivision as provided in the Public Health Law of the state.[2]

Editor's Note: See Public Health Law § 1115 et seq.

(14)

Connection with existing sanitary sewage system or alternative means of treatment and disposal proposed as provided in §§ 1115 through 1118 (former § 89) of the State Public Health Law.

(15)

If individual sewage disposal systems are proposed, location and results of tests to ascertain subsurface soil, rock and groundwater conditions, conducted in accordance with Sewage Disposal Systems Ordinance of the town.[3]

Editor's Note: See Ch. 119, Sewers and Sewage Disposal.

(16)

Provisions for collecting and discharging storm drainage, in the form of a drainage plan.

(17)

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

(18)

The proposed lot lines with approximate dimensions and suggested locations of buildings.

(19)

The location of temporary markers adequate to enable the Board to locate readily and appraise the basic layout in the field. Unless an existing street intersection is shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown.

(20)

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

(21)

The location of all trees on the site over 12 inches in diameter and all other natural features or site elements to be preserved.

Vicinity map. The preliminary layout shall be accompanied by a vicinity map to show the relation of the proposed subdivision to the adjacent properties and to the general surrounding area. The vicinity map shall show all the area within 2,000 feet of any property line of the proposed subdivision or any smaller area between the tract and all surrounding existing streets, provided that any part of such a street used as part of the perimeter for the vicinity map is at least 500 feet from any boundary of the proposed subdivision. Within such area the vicinity map may be required to show:

All existing subdivision and approximate tract lines of acreage parcels, together with the names of the record owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision.

Locations, widths and names of existing, filed or proposed streets, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in Subsection B(1) above.

The boundaries and designations of zoning districts, special improvement districts, school districts and parks or other public spaces.

An outline of the platted area, together with its street system, and an indication of the future probable street system of the remaining portion of the tract if the preliminary layout submitted covers only part of the subdivider's entire holding.

(5)

Rough contours obtained from United States Geological Survey or similar source.

House, driveway or lot improvements locations.

[Added 7-12-1999 by L.L. No. 2-1999]

Where necessary, in the judgment of the Planning Board, the Planning Board shall specify the house location, driveway location and/or specify that certain lot improvements are required on any lot within any residential subdivision not requiring site plan approval in order to avoid the following harmful conditions:

The location of a house, driveway or other lot improvements within a specific area which would compromise sight distance or road safety on a public or private road upon the recommendation of the Town Highway Superintendent.

The location of a house, driveway or other lot improvements within a specific area which would adversely affect drainage conditions based upon the recommendation of the Town Engineer.

(c)

The location of a house, driveway or other lot improvements within a specific area which would detrimentally affect a wetland, wetland buffer area or other environmentally sensitive feature.

The purpose of this provision is to ensure that any specific layout requirements for house, driveway or other lot improvements which may have been shown on the subdivision plat, and which formed the basis of the Planning Board's Negative Declaration or Findings Statement under the State Environmental Quality Review Act in the interests of minimizing harmful environmental impacts and protecting public health and safety be incorporated in the design of the residential subdivision.

Any control imposed by the Planning Board pursuant to this Subsection C shall be incorporated in a note on the final plat and the note shall be recorded in the Orange County Clerk's Office as a declaration of restrictions running with the land, which said declaration shall be recorded simultaneously with the filing of the subdivision plat.

The declaration shall provide that in the event any person wishes to review the applicability of any restriction after the filing of the subdivision plat and the recording of the declaration, the request for the review shall be presented to the Planning Board. In the event the Planning Board determines to proceed with the review, the Planning Board shall hold a public hearing in accordance with the procedures required for a public hearing on a subdivision with notice being given at least to all lot owners within the subdivision. The review shall be an action subject to the State Environmental Quality Review Act. In the event the Planning Board determines to modify the restriction, a certified copy of the Resolution of the Planning Board modifying the restriction shall be recorded in the Orange County Clerk's office and an appropriate note placed upon the filed map.

§ 125-4 Subdivision plat.

The subdivision plat shall consist of one or more sheets of drawings which conform to the requirements of § 334 of the Real Property Law, that is: It shall be printed upon linen or canvas-backed paper or be clearly and legibly drawn in India ink upon tracing cloth, and the size of the sheets shall be 8 1/2 inches by 11 inches, 17 inches by 22 inches, 22 inches by 34 inches or 34 inches by 44 inches. Such sheets shall have a margin of one inch outside ruled border lines. Space shall be reserved thereon for endorsement by the State Department of Health and two boxes two inches by 3 1/4 inches provided for the Board's stamp of preliminary and final approval. The subdivision plat shall conform in all respects to the preliminary layout as approved by the Board and shall show:

Proposed subdivision name or identifying title; the name of the Town and county; the name and address of the record owner and subdivider; the name, license number and seal of the licensed land surveyor; the boundaries of the subdivision and its general location in relation to existing streets or other landmarks; and graphic scale, date and true North point.

Street names and line, pedestrianways, lots, reservations, easements and area to be dedicated to public use.

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 practicable, 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.

The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings for each street.

By proper designation on such plat, all public open space for which offers of cession are made by the subdivider and those spaces title to which is reserved by him.

Lots within the subdivision numbered in numerical order within blocks, and blocks lettered in alphabetical order.

The location of all sewage disposal systems, water supply systems, rough grading and other devices and methods of draining the area within the subdivision.

[Amended 9-25-1989 by L.L. No. 4-1989]

Permanent reference monuments shown thus: X. They shall be constructed in accordance with specifications of the Town Engineer and, where referenced to the state system of plane coordinates, 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.

All lot corner markers shown thus: O. They shall be of metal at least three-fourths-inch in diameter and at least 24 inches in length and located in the ground to existing grade.

Monuments of a type approved by the Town Engineer, which shall be set at all corners and angle points of the boundaries of the subdivision, and monuments required by Town specifications for new highways referred to in § 125-2A(3) at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Engineer.

§ 125-5 Procedure.

Full compliance with the provisions of Article 16 of the Town Law[1] and applicable provisions of the Public Health Law[2] concerning the preparation of a subdivider's sketch plan, preliminary plat, vicinity map and subdivision plat, except where variations of these regulations may be expressly authorized by the Board, is necessary for the information of the Board and of the public at public hearings as provided in this section. Due care in the preparation of the maps and other information called for will expedite the process of obtaining the Board's decision concerning the formal subdivision plat.

Editor's Note: See Town Law § 261 et seq., particularly §§ 276 and 277.

Editor's Note: See Public Health Law § 1115 et seq.

When any subdivision of land is proposed to be made and, to avoid violation of § 334 of the Real Property Law, before any contract for the sale of land or any offer to sell such subdivision or any part thereof is made or any grading, clearing, construction or other improvement is undertaken therein, the subdivider shall apply to the Board for approval. Before filing a formal application for preliminary approval of a subdivision, the subdivider shall make an appointment to meet with the Board at one of its regular meetings for an informal discussion of his sketch plan as specified in Subsection C. At the regular meeting between the Planning Board and the subdivider, the sketch plan shall be classified into one of the following three categories, as defined herein: major subdivision, minor subdivision or open-development area subdivision.

Major subdivision.

Requirements. If classified as a major subdivision, the subdivision shall then comply with §§ 125-2, 125-3 and 125-4 of this article.

Procedure. If classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Subsections D through P of this section.

Minor subdivision.

Requirements.

If classified as a minor subdivision, the Planning Board shall study the sketch plan for conformance with the requirements specified in Subsections C and D of this section.

The Planning Board may require, however, when it deems it necessary for the protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions.

In the event that the proposed minor subdivision is so delineated that further development of the tract beyond the four-lot limit is possible, a map must be submitted indicating a proposed layout of the entire tract. The Planning Board shall determine which requirements specified under § 125-3 shall be shown on said map.

Procedure.

After the Planning Board has completed its review of the proposed minor subdivision, the subdivider shall submit 11 copies of all required maps and shall file a fee as required in § 125-6, after which the Board shall hold a public hearing within 30 days after the receipt of the proper documents. If required under the circumstances, the Planning Board shall refer the subdivision to the County Highway Department and/or the County Planning Board.

[Amended 12-14-1987]

After the public hearing the Planning Board shall, within 45 days from the date of the public hearing, approve, modify and approve or disapprove the minor subdivision sketch plan. The Board shall specify in writing its reasons for any such disapproval. In the event that the hearing is not held or if the Board fails to disapprove the minor subdivision sketch plan within the 45 days prescribed above, the plan shall be deemed approved.

Upon approval, the sketch plan shall be deemed to be the final plat and shall be properly signed by the duly authorized person or persons and the applicant shall provide with the final maps a stamped, mailing tube pre-addressed to the Orange County Clerk's office along with any necessary documentation for filing the map. Any minor subdivision plan not so filed or recorded within 90 days of the date upon which such plan is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void. The applicant shall submit six copies of the final plat showing the endorsement of the County Clerk to the Board's Secretary within 30 days of the date of filing.

[Amended 12-14-1987]

Open-development area subdivision.

Requirements.

If classified as an open-development area, the Planning Board shall study the sketch plan for conformance with the requirements specified in Subsections C and D of this section.

The Planning Board may require, however, when it deems it necessary for the protection of the public health, safety and welfare, that an open-development area comply with all or some of the requirements for major subdivisions.

In the event that the proposed open-development area is so delineated that further development of the tract beyond the four-lot limit is possible, a map must be submitted indicating the proposed layout of the entire tract. The Planning Board shall determine which requirements specified under § 125-3 of these regulations shall be shown on said map.

Such areas shall only be created for one-family or two-family residential development; no subsequent changes in use or conversions to multiple-family (i.e., in excess of two-family) shall be permitted.

[Amended 12-14-1994 by L.L. No. 5-1994]

[5]

All lots shall comply with the requirements of the Zoning Ordinance of the Town of Cornwall.[3] In computing lot sizes or yards, no portion of any private right-of-way or easement shall be considered as part of a lot.

Editor's Note: See Ch. 158, Zoning.

[6]

Access to lots shall be provided by a private road as approved by the Planning Board pursuant to Chapter 158 of the Code of the Town of Cornwall.

[Amended 12-14-1994 by L.L. No. 5-1994]

[7]

The following note shall be placed on all open-development area subdivision plats: "No building permit shall be issued and no lot shall be conveyed on this subdivision plat unless the purchaser of such lot shall file a statement with the Town Clerk that he fully understands that the lot has frontage on a private right-of-way or easement which will not be maintained by the Town nor will it be accepted by the Town for maintenance as a public street unless fully improved to the minimum width and construction standards required for public streets by the Town of Cornwall and until all other applicable local and state requirements have been satisfied." Proof of filing the statement with the Town Clerk shall be provided to the Building Inspector along with all other necessary material for an applicant fee for a building permit.

[Added 12-14-1987]

Procedure.

After the Planning Board has completed its review of the proposed open-development area subdivision, the subdivider shall submit 11 copies of all required maps and shall file a fee as required in § 125-6, after which the Board shall hold a public hearing within 30 days after the receipt of the proper documents in completed form as determined by the Planning Board.

[Amended 12-14-1987]

After the public hearing the Planning Board shall, within 45 days from the date of the public hearing, approve, modify and approve or disapprove the open-development area sketch plan. The Board shall specify in writing its reasons for any such disapproval. In the event that the hearing is not held or if the Board fails to disapprove the sketch plan within the 45 days prescribed above, the plan shall be deemed approved.

Upon approval, the sketch plan shall be deemed to be the final plat and shall be properly signed by the duly authorized person or persons and shall be filed by the applicant in the office of the County Clerk. Any open-development area sketch plan not so filed or recorded within 90 days of the date upon which such plan is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void. The applicant shall submit six copies of the final plat showing the endorsement of the County Clerk to the Board's Secretary within 30 days of the date of filing.

No building permit shall be issued and no lot shall be sold or conveyed in an open-development area unless the purchaser of such lot shall file a statement with the Town Clerk that he fully understands that the lot has frontage on a private right-of-way or easement which shall not be accepted by the Town for maintenance as a public street unless fully improved by abutting property owners to the minimum width and construction standards required for public streets by the Town of Cornwall. The final plat shall be endorsed to this effect prior to being signed.

The sketch plan shall show the proposed layout of streets, lots and other features sketched on a print of a survey of the property with contour lines at intervals no greater than 10 feet based on United States Geological Survey datum (may be obtained from field survey, United States Geological Survey map or similar source) and shall also show or otherwise include all the information specified in § 125-3A(2) through (8) inclusive, (11) and (19). The sketch plan shall be accompanied by a sketch of the vicinity map described in § 125-3B.

The Board shall study the sketch plan and the sketch of the vicinity map in connection with the topography of the area, Zoning Ordinance,[4] Master Plan, Official Map and general requirements of the community and best use of the land proposed to be subdivided. The Board shall inform the subdivider as to whether his proposals do or do not meet the objectives of these regulations and the provisions of the Town Law relating to planning. To the extent they do not, the Board shall make specific suggestions as to changes to be incorporated in the subdivider's preliminary layout.

Editor's Note: See Ch. 158, Zoning.

Eleven copies of the preliminary plat, prepared as specified in § 125-3A and in accord with the general requirements and principles of land subdivision as specified in § 125-2, and 11 copies of the vicinity map, prepared as specified in § 125-3B, shall be submitted by the subdivider to the Board for preliminary approval. Within 30 days of receipt of such documents in proper form, the Board shall fix a date for public hearing on the proposed preliminary plat; said public hearing date shall be considered to be the official time of submission in accordance with Subdivision 3 of § 276 of the Town Law. If required under the circumstances, the Planning Board shall refer the preliminary plat to the County Highway Department and/or the County Planning Board.

[Amended 12-14-1987]

Not less than 10 days prior to such public hearing, notice of the same shall be given by the applicant by publication of notice thereof in the official newspaper of the Town and by the applicant mailing notice thereof by certified mail to the owners of property abutting the proposed subdivision and directly across any adjoining street of the property for which application is made, and to any other persons whom the Board may deem to be particularly affected, to include, but not be limited to, the Supervisor, Planning Board Chairman, Town of Cornwall Department of Public Works, Department of Transportation, Town Planner, Town Engineer, Town Attorney, Building Inspector, Stenographer and the Town Clerk. An affidavit of mailing and an affidavit of publication must be presented at the public hearing. A copy of the map must be filed with the Town Clerk's office a minimum of 10 days prior to the public hearing, together with a copy of any state environmental quality review or environmental assessment form.

[Amended 12-14-1987; 12-29-2008 by L.L. No. 4-2008; 10-4-2021 by L.L. No. 4-2021]

Within 45 days after the public hearing, the Board shall communicate in writing to the developer:

The specific changes which it will require in the preliminary plat.

The character and extent of the required public improvements for which waivers may have been requested and which in the Board's opinion may be waived without jeopardy to the public health, safety, morals and general welfare.

The extent of construction or improvement or the estimated amount of the performance bond therefor which the Board may require as prerequisite to the approval of the formal subdivision plat to be submitted subsequently.

After receiving the Board's approval of his preliminary plat and the approval of the State Department of Health, the subdivider may enter into contracts for sale of any lot within such subdivision, such contracts to be made subject to approval of the final plat by the Board. Upon written authorization by the Board specifying the particular lot or lots to which it is applicable, one or more building permits for construction on lots fronting on existing public streets may be issued before final approval of the subdivision plat, provided that the State Department of Health has approved the plat and provided that approval of the Cornwall Village Board has been obtained if public water supply is to be used. If the final plat is not submitted within six months of the approval of the preliminary plat, the Board may refuse to approve the final plat. However, the Board may extend the approval for additional periods of six months upon written request of the subdivider. Before granting such extension, the Planning Board shall require the applicant to appear before it and demonstrate 1) that there have been no significant changes in the neighborhood or the provisions of state law and the Town Code pertaining to the proposed development of the subject property and 2) that the applicant has been actively pursuing completion of the final plat.

[Amended 10-4-2021 by L.L. No. 4-2021]

The subdivider, following the Board's approval of the preliminary plat, shall within six months thereafter submit to the Board four copies of the final plat, including street profiles. The final plat shall be approved by the State Department of Health before being presented to the Board. Upon receipt of such documents in proper form at a regular meeting, the Board shall fix a date for a formal public hearing on such plat in the manner specified in Subsection F of this section, to be held by the Board within 30 days after such receipt.

Within 45 days from the date of the public hearing, the Board shall either approve, modify and approve as modified or refuse to approve such plat and shall specify in the minutes its reasons for any such refusal. In the event that the hearing is not held or if the Planning Board fails to disapprove the plat within the 45 days prescribed above, unless the applicant or its representative waives the time limit in the minutes of the meeting, the plat shall be deemed approved as submitted. No such approval shall be deemed to be final unless the subdivider has completed all the improvements in said subdivision and complied with all of the other requirements of the Board in regard thereto or, in lieu thereof, has furnished the Town with performance security as hereinafter provided. The Board may waive, subject to appropriate guaranties for such a period as it may determine, the installation of any improvement in a subdivision which in the Board's judgment is not required in the interests of the public health, safety and general welfare of the Town because of the special and unusual features of and circumstances concerning such subdivision.

[Amended 12-14-1987]

In accordance with § 277 of the Town Law, all streets or other public places shown on such plat shall be suitably graded and paved, and all sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, sanitary sewers and storm drains, where required by the Town Board on the advice of the Town Engineer, shall be installed in accordance with the standards, specifications and procedure set forth in this article and other applicable Town regulations and ordinances, or, alternatively, a performance bond to ensure completion of such improvements shall be posted with the town.

[Amended 12-14-1987]

There shall be submitted to the Board with the subdivision plat:

Written offers of dedication to the Town in recordable form of all public streets, utilities and parks or open space shown on the plat, and copies of agreements or other documents showing the manner in which spaces, title to which is reserved by the subdivider, are to be maintained.

Written evidence that the Town Board is satisfied with the legal sufficiency of the documents referred to in Subsection L(1) above. Such written evidence shall not constitute an acceptance by the Town of any public open space referred to in Subsection L(1) above.

A certificate of the Town Engineer as to the completion of all improvements required by the Board to the satisfaction of the Town Engineer and in accord with standards and specifications prescribed by him, or, in lieu of any required improvements not so completed, a performance security to secure completion of such improvements and written evidence that the Town Board is satisfied with the sufficiency of such security.

[Amended 12-14-1987]

Performance security.

[Amended 12-14-1987; 7-11-2016 by L.L. No. 3-2016]

Such performance security shall be in the form of:

The deposit of funds;

An irrevocable letter of credit from a bank located and authorized to do business in the State of New York, which letter of credit must be approved by the Town Board and the Attorney for the Town as to form, sufficiency and manner of execution.

Such performance security shall run for a term to be fixed by the Town Board, but in no case for a longer term than three years; provided, however, that the term of the performance security may be extended by the Town with consent of the parties thereto.

Any such performance security must be provided pursuant to a written security agreement with the Town approved by the Town Board and also approved by the Attorney for the Town as to form, sufficiency and manner of execution. Any such security agreement shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years.

If the Town Board shall decide at any time during the term of the performance security that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance security or that required improvements have been installed in sufficient amount to warrant reduction in such performance security, the Town Board, after due notice on public hearing and approval by the Town Board, may modify its requirements for any of such improvements. The amount of such performance security shall thereupon be reduced by an appropriate amount so that the amount of the remaining performance security will cover the cost in full of the amended list of improvements required by the Town Board and any performance security deposited with the Town may be reduced proportionately.

In the event that any required improvements have not been installed in accordance with the aforesaid security agreement, the Town Board may thereupon declare said security agreement to be in default and collect the sum payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by the security agreement and secured by the performance security as commensurate with the extent of building development that has taken place in the subdivision, but not exceeding in cost the amount of such proceeds.

[Amended 7-11-2016 by L.L. No. 3-2016]

Upon completion of all of the required public improvements or posting of the required performance security as required by Subsection L of this section and notation to that effect upon the plat by the Planning Board, such plat shall be deemed to have the final approval of the Planning Board and shall be signed by the Planning Board Chairman. A subdivision plat, except as specified in Subsection P below, not filed or recorded in the Office of the Clerk of the County of Orange within the time period set forth in Article 16 of the Town Law of the State of New York, or considered approved by reason 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, not to exceed two additional periods of the time within which the plat is required to be filed. Before granting such extension, the Planning Board shall require the applicant to appear before it and demonstrate 1) that there have been no significant changes in the neighborhood or the provisions of state law and the Town Code pertaining to the proposed development of the subject property and 2) that the applicant has been actively pursuing completion of the final plat.

[Amended 7-11-2016 by L.L. No. 3-2016; 10-4-2021 by L.L. No. 4-2021]

At the time the Planning Board grants plat approval, it may permit the plat to be divided into two or more sections subject to any conditions the Board deems necessary in order to ensure the orderly development of the plat. In accordance with § 276 of the Town Law, the applicant may file a section of the approved plat with the County Clerk if said section constitutes at least 10% of the total number of lots contained in the approved plat. In these circumstances, plat approval on the remaining sections of the plat shall remain in effect for three years from the filing date of the first section. When a plat is filed by section with the County Clerk, the applicant shall, within 30 days, file with the Town Clerk the entire approved plat.

No approval of any plat by the Board shall be deemed to constitute an acceptance by the Town of any public street, utility, park or open space shown on such plat.

Major subdivisions may be granted sectional approval at the discretion of the Planning Board. An overall plat must be presented at the conceptual review stage, however, only the section that the subdivider is requesting full subdivision and/or site plan approval for needs to be included for the public hearing and for the posting of performance security.

[Added 12-14-1987]

A major subdivision may not receive final subdivision approval in phases until the Health Department has approved the phase for which final approval is sought, provided that the lots on the subdivision require Health Department approval either under state statute or by virtue of Planning Board referral.

[Added 12-14-1987]

Notwithstanding any other provision of this article, in the event that a legal challenge is brought to a preliminary or conditional final subdivision approval granted by the Planning Board, the time periods prescribed herein for satisfying all conditions and securing final subdivision approval shall be stayed for a period of one year from the date of commencement of such litigation or until the date upon which the said litigation is finally terminated, whichever occurs first.

[Added 10-4-2021 by L.L. No. 4-2021]

§ 125-6 Fees.

For minor and open-development area subdivisions, an application fee to be established by resolution of the Town Board and to be included in a schedule of fees maintained on file in the office of the Town Clerk shall be paid at the time the required maps are submitted, prior to the public hearing.

[Amended 12-14-1987; 9-25-1989 by L.L. No. 4-1989]

For major subdivisions, an application fee shall be paid at the time of filing of the preliminary layout. The fee shall be established by resolution of the Town Board and be included in a schedule of fees maintained in the office of the Town Clerk and shall consist of a minimum amount for each subdivision plat plus an additional amount for each lot within the subdivision shown on such plat in excess of four lots shown thereon.

[Amended 12-14-1987; 9-25-1989 by L.L. No. 4-1989]

The Planning Board shall provide for the inspection of required improvements during and after construction to ensure their satisfactory completion and shall require the subdivider to pay an inspection fee to the Town of 4% of the amount of the estimated cost of required improvements or such other amount as may be established, by resolution of the Town Board and to be included in a schedule of fees maintained on file in the office of the Town Clerk and the subdivision plat shall not be signed by the Chairman of the Planning Board unless such fee has been paid at the time of final approval.

[Amended 9-25-1989 by L.L. No. 4-1989]

(Reserved)[1]

Editor's Note: Former Subsection D, added 12-14-1987, which set recreation fees, was repealed 3-14-2005 by L.L. No. 2-2005. Said fees are now set by resolution of the Town Board.

All of the above fees shall be payable by check to the Town of Cornwall, stating the specific purpose of each fee.

There shall be a four-percent inspection fee for private roads and other private improvements incorporated as part of a subdivision approval based upon the accepted improvement cost estimate. The four-percent review fee shall be paid to the Town prior to the Chair of the Planning Board signing the final subdivision plat.[2]

[Added 7-12-1999 by L.L. No. 1-1999; amended 1-12-2009 by L.L. No. 2-2009]