[HISTORY: Adopted by the Town Board of the
Town of Cornwall as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Environmental quality review agency — See Ch. 17.
Fire Prevention and Building Code administration — See Ch. 84.
Flood damage prevention — See Ch. 87.
Freshwater wetlands — See Ch. 90.
Sewers and sewage disposal — See Ch. 119.
Zoning — See Ch. 158.
Street specifications — See Ch. A161.
[Adopted 5-8-1968]
For the purpose of this article, which shall
be known and may be cited as the "Subdivision Regulations of the Town
of Cornwall," certain means of reference and words used herein shall
be used and defined as follows:
A.
Unless the context clearly indicates to the contrary,
reference made to a section, to a part of a section or to a paragraph
of a part of a section is to such section, part or paragraph of this
article.
B.
EASEMENT
MASTER PLAN
OFFICIAL MAP
OFFICIAL SUBMITTAL DATE
PLANNING BOARD OR BOARD
PLAT
PRELIMINARY PLAT
RESUBDIVISION
SKETCH PLAN
STREET
STREET, MAJOR
STREET, MINOR
STREET, SECONDARY
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SUBDIVISION, OPEN-DEVELOPMENT AREA
SUPERINTENDENT OF PUBLIC WORKS
TOWN
TOWN BOARD
TOWN ENGINEER
ZONING ORDINANCE
As used in this article, the following terms shall
have the meanings indicated:
The authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
A comprehensive plan prepared by the Planning Board pursuant
to § 272-a of the Town Law which indicates the general locations
recommended for the various functional classes of public works, places
and structures and the general physical development of the town, and
includes any unit or part of such plan separately adopted and any
amendment to such plan or part thereof.
The map established by the Town Board under § 270
of the Town Law showing the streets, highways, drainage systems and
parks theretofore laid out, adopted and established by law and any
amendments thereto adopted by the Town Board or additions thereto
resulting from the approval of subdivision plats by the Planning Board
and the subsequent filing for record of such approved plats.
The date on which a subdivision plat is considered officially submitted to the Planning Board pursuant to § 276 of the Town Law, and hereby defined as the date the Planning Board receives the formal subdivision plat in proper form as provided for in § 125-5I.
The Town Planning Board of the town.
The final drawings on which the subdivider's plan of subdivision
is presented to the Planning Board for approval and which, if approved,
may be filed for record with the County Clerk.
The preliminary drawings indicating the proposed layout of
the subdivision, to be submitted to the Planning Board for its consideration.
A change of an approved or recorded subdivision plat if such
change affects any street layout shown on such plat or any area reserved
thereon for public use, or any change of a lot line, or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
A sketch of the preliminary plat to enable the subdivider
to save time and expense in reaching general agreement with the Planning
Board as to the form of the preliminary layout and objectives of these
regulations.
Any road, highway, avenue, street, parkway, lane or other
way, public or private, commonly used by the public for street purposes.
A street which serves or is designed to be used primarily
as a route for traffic between communities or large areas.
A street intended to serve primarily as access to abutting
residential properties.
A street which serves or is designed to carry traffic from
local residential streets to the system of major streets.
The division of any parcel of land into two or more lots,
plots or sites or other division of land, at least equal to or greater
than the minimum required lot area in any zoning district, for immediate
or future sale or for building development.
Any subdivision containing more than four lots, or any subdivision
requiring any new public street, street extension or the extension
of municipal facilities.
A subdivision containing not more than four lots which has
frontage on an existing public street and which does not require any
new municipal street, street extension or extension of municipal facilities.
A subdivision containing not more than four lots, without
frontage on an existing public street and not requiring any new municipal
street, street extension or extension of municipal facilities.
The Superintendent of Public Works of the town.
[Amended 9-25-1989 by L.L. No. 4-1989]
The Town of Cornwall in the County of Orange and State of
New York, except that part thereof within the Incorporated Village
of Cornwall-on-Hudson.
The Town Board of the town.
The duly designated Engineer or Engineering Consultant of
the town.
The Zoning Ordinance of the town.[1]
A.
The subdivider shall observe the following general
requirements and principles of land subdivision:
(1)
In general, the proposed subdivision shall conform
to the Official Map and Master Plan, if any.
(2)
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:
(4)
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.
(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.
(a)
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.
(b)
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:
(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:
(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]
(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.
(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.
(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]
B.
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.
C.
Review of Natural Resource Inventory and Scenic Resource Inventory.
[Added 7-12-2021 by L.L. No. 2-2021]
(1)
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.
(2)
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.
A.
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:
(1)
Proposed subdivision classification, name or identifying
title and the name of the Town and county.
(2)
Name and address of record owner, subdivider and designer
of preliminary layout.
(3)
Number of acres within the proposed subdivision, location
of property lines, existing easements, buildings, watercourses and
other essential existing features.
(4)
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.
(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.
(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.
(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.
B.
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:
(1)
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.
(2)
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.
(3)
The boundaries and designations of zoning districts,
special improvement districts, school districts and parks or other
public spaces.
(4)
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.
C.
House, driveway or lot improvements locations.
[Added 7-12-1999 by L.L. No. 2-1999]
(1)
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:
(a)
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.
(b)
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.
(2)
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.
(3)
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.
(4)
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.
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:
A.
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.
B.
Street names and line, pedestrianways, lots, reservations,
easements and area to be dedicated to public use.
C.
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.
D.
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.
E.
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.
F.
Lots within the subdivision numbered in numerical
order within blocks, and blocks lettered in alphabetical order.
G.
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]
H.
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.
I.
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.
J.
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.
A.
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.
B.
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.
(1)
Major subdivision.
(2)
Minor subdivision.
(a)
Requirements.
[2]
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.
[3]
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.
(b)
Procedure.
[1]
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]
[2]
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.
[3]
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]
(3)
Open-development area subdivision.
(a)
Requirements.
[2]
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.
[3]
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.
[4]
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]
[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]
(b)
Procedure.
[1]
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]
[2]
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.
[3]
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.
[4]
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.
C.
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.
D.
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.
E.
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]
F.
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]
G.
Within 45 days after the public hearing, the Board
shall communicate in writing to the developer:
(1)
The specific changes which it will require in the
preliminary plat.
(2)
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.
(3)
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.
H.
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]
I.
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.
J.
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]
K.
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]
L.
There shall be submitted to the Board with the subdivision
plat:
(1)
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.
(3)
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]
M.
Performance security.
[Amended 12-14-1987; 7-11-2016 by L.L. No. 3-2016]
(1)
Such performance security shall be in the form of:
(2)
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.
(3)
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.
(4)
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.
N.
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]
O.
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]
P.
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.
Q.
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.
R.
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]
S.
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]
T.
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]
A.
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]
B.
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]
C.
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]
E.
All of the above fees shall be payable by check to
the Town of Cornwall, stating the specific purpose of each fee.
F.
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]