Town of Union Vale, NY Documents To Be Submitted

Editor's Note: This local law also redesignated original Subsection B(10) as Subsection B(11).

(11)

A copy of the deed to the parcel(s) proposed for subdivision.

[Added 2-4-2010 by L.L. No. 10-2010[2]]

Editor's Note: This local law also redesignated former Subsection B(11) as Subsection B(16).

(12)

If the application involves either resubdivision or lot consolidation, a copy of the filed map depicting the parcel or parcels proposed for resubdivision or lot consolidation.

[Added 2-4-2010 by L.L. No. 10-2010]

(13)

Information from the NYSDEC concerning known occurrences of rare, threatened or endangered plant or wildlife species and from the NYS Office of Parks, Recreation and Historic Preservation concerning resources of architectural, historic or archaeological significance within or in the vicinity of the parcel(s) proposed for subdivision.

[Added 2-4-2010 by L.L. No. 10-2010]

(14)

If the subdivision parcel lies partially, wholly or within 500 feet of either a Certified Agricultural District or land for which an individual commitment has been received pursuant to §§ 305 and 306 of the Agriculture and Markets Law of the State of New York, an agricultural data statement in a form prescribed by the Planning Board.

[Added 2-4-2010 by L.L. No. 10-2010]

(15)

A stormwater pollution prevention plan pursuant to NYSDEC and EPA Phase II Stormwater Regulations and Town Code Chapter 122, Erosion and Sediment Control, and consistent with the submission requirements and the performance and design criteria and standards set forth therein.

[Added 2-4-2010 by L.L. No. 10-2010]

(16)

Any additional requirements deemed necessary by the Planning Board due to the unique circumstances of the subdivision plat, including the submission of additional data or the installation of certain limited improvements, e.g. monuments or markers to define the location of rights-of-way, easements, significant protected environmental features and/or maximum development envelopes within the subdivision, more typically required for a major subdivision plat.

[Amended 2-4-2010 by L.L. No. 10-2010]

§ 192-21 Sketch plats for major subdivisions.

The sketch plat initially submitted to the Planning Board shall be based on Tax Map information or some similarly accurate base map at a scale of not less than 200 feet to an inch. The entire sketch plat shall be shown on one sheet. The sketch plat shall show the following information:

Proposed subdivision name.

A vicinity or area map showing the location of that portion of the tract which is to be subdivided in relation to the entire tract and the distance to the nearest street intersection. All streets shall also be shown within 500 feet of the applicant's property.

All existing structures, wooded areas, streams and other significant physical features, within the portion to be subdivided and within 200 feet thereof. Topographic contours shall also be indicated at intervals of not more than 10 feet. All elevations are to be referred to the United States Geological Survey datum with the location and description of the benchmark included.

General statement of soils conditions based on United States Department of Agriculture soils data.

The name of the owner and of all adjoining property owners as disclosed by the most recent Town assessment records. Property owners across street also to be shown.

The Tax Map sheet, block and lot numbers, as available from the Town Assessor's office.

All the utilities available, and all streets, whether public or private, which are either proposed, mapped or built.

The proposed pattern and number of lots (including approximate lot areas, widths and depths), street layout, recreation areas and systems of drainage, sewerage and water supply within the subdivided area.

Information regarding all existing restrictions on the use of land, including easements, covenants and location of zoning district boundaries.

Information based on field delineation of all portions of the land within the subdivision subject to periodic inundation or flooding by stormwater, including ponds and wetland areas subject to the jurisdiction of the NYSDEC and/or the U.S. Army Corps of Engineers.

[Amended 2-4-2010 by L.L. No. 10-2010]

As may be applicable, a conceptual engineering report discussing the demands of the proposed subdivision on water, sewer, drainage, highways and related systems, and discussing the methods through which these demands may be accommodated and the methods through which any potentially adverse impacts may be mitigated, including discussion of alternatives as may be appropriate.

A short-form environmental assessment form, or long-form environmental assessment form, Parts I and II, as required by State Environmental Quality Review regulations.

Information regarding the location and use of all existing buildings or other structures on the tract being subdivided and the current use of open land areas so as to establish the effect of the proposed subdivision on any buildings or other structures or uses that are either currently noncomplying or nonconforming under Chapter 210, Zoning, or would become noncomplying or nonconforming as a result of the intended subdivision.

[Added 4-13-1992 by L.L. No. 4-1992]

A copy of the deed to the parcel(s) proposed for subdivision.

[Added 2-4-2010 by L.L. No. 10-2010]

Information from NYSDEC concerning known occurrences of rare, threatened or endangered plant or wildlife species and from the NYS Office of Parks, Recreation and Historic Preservation concerning resources of architectural, historic or archaeological significance within or in the vicinity of the parcel(s) proposed for subdivision.

[Added 2-4-2010 by L.L. No. 10-2010]

If the subdivision parcel lies partially, wholly or within 500 feet of either a certified agricultural district or land for which an individual commitment has been received pursuant to §§ 305 and 306 of the Agriculture and Markets Law of the State of New York, an agricultural data statement in a form prescribed by the Planning Board.

[Added 2-4-2010 by L.L. No. 10-2010]

Any additional information deemed necessary by the Planning Board due to the unique circumstances of the subdivision plat.

[Added 2-4-2010 by L.L. No. 10-2010]

§ 192-22 Preliminary plats for major subdivisions.

Fourteen copies, consisting of three full-scale prints and 11 half-scale prints, and a portable document format (PDF) file of the preliminary plat certified to be a licensed land surveyor and/or professional engineer, as required by law, at a scale of not more than 100 but preferably not less than 50 feet to an inch.

[Amended 11-7-2002 by L.L. No. 7-2002; 10-9-2014 by L.L. No. 5-2014]

The preliminary plat shall include, to the extent applicable, all information identified below:

(1)

Information on existing site conditions:

An actual field survey of the boundary lines of the tract, or portion thereof, to be subdivided, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by monuments of such size and type as approved by the Town Planning Board and shall be referenced and shown on the plat.

Street rights-of-way on the subdivision and within 200 feet of its boundaries, including name and right-of-way width and location; type, width and elevation of surface; any legally established center line elevations, including those at intersections and other critical points.

Location, width, identification, purpose and restrictions upon any other rights-of-way and easements on the subdivision.

Drainage structures on the subdivision and within 200 feet of its boundaries, including type of structure and location, invert elevations, gradients, types and sizes of all pipe and all other drainage structures where applicable, including direction of flow.

Location and size or capacity of all other utility structures, such as sewer, water, gas mains and power lines on the subdivision and within 200 feet of its boundaries.

As contours affect proposed improvements or existing improvements that will be utilized, ground elevations on the tract shall be based on a datum plane approved by the designated Town Engineer. For land with slope that is less than approximately 2%, spot elevations should be shown at all breaks in grade, along all drainage channels or swales and at selected points not more than 100 feet apart in all directions; for land that slopes more than 2%, contours should be shown at intervals of not more than two feet or as required by the Planning Board.

Marshes, ponds, streams and all land subject to periodic or occasional flooding, or similar unstable conditions, on the subdivision or within 200 feet of its boundaries. Indicated shall be location, approximate land area, high-water level based on the one-hundred-year storm and maximum depth of water at critical points.

(h)

Location of rock outcrops, wooded areas, isolated preservable trees, structures, stone walls and other significant existing features for the proposed subdivision area and within 200 feet thereof.

(i)

Data regarding soils characteristics from the USDA Soil Conservation Service soils survey.

(j)

If the proposed subdivision will not be served by common sewage disposal, subsurface data in accordance with Dutchess County Health Department requirements, including date, location and graphic representation of findings for all test holes including location and results of percolation and other tests to ascertain subsurface soil, rock and groundwater conditions and depth of groundwater, unless pits are dry at a depth of five feet.

(2)

Information on proposed site development:

Streets.

Proposed street name or street names for review and approval by the Town Board upon recommendation of the Planning Board, with such Town approval required prior to presentation by the subdivider of the street name or street names to Dutchess County emergency services personnel for their acceptance.

[Amended 2-4-2010 by L.L. No. 10-2010]

The width and location of any streets or public ways or places shown on the Official Town Map, within the area to be subdivided, together with street profiles of all streets or public ways proposed by the developer.

Right-of-way width.

Tentative center-line elevations at intersections and at principal changes in gradient.

[5]

Tentative center-line gradient shown in percent of slope.

[6]

Computed sight distance at intersections and other critical points.

[7]

Plans and cross sections showing, as applicable, the proposed location and type of pedestrian walkways, street lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, and the size and type thereof, the character, width and depth of pavements and subbase, the location of manholes, basins and underground conduits.

[8]

Preliminary designs of any bridges which may be required.

Lot layout.

Lot lines and dimensions scaled to the nearest foot.

Proposed location of buildings and driveways in full accordance with zoning and other requirements.

Lot numbers and lot areas measured to the nearest 100 square feet if less than one acre or nearest 0.1 of an acre for parcels greater than one acre.

Easements, parks, restricted areas and other improvements.

Purpose and restrictions.

Designation of areas or rights-of-way which are to be offered for public dedication or deeded to homeowners' associations or other private corporations with clear indication of proposed changes in grades and landscaping thereon. The Board may require special recreational improvements and planting of trees, shrubs, grass and other landscaping in all areas to be so dedicated.

Preliminary stormwater drainage system plan.

Drainage structures shall be shown on the preliminary plat indicating the approximate location and size of proposed lines and culverts and their profiles, including connection to the existing storm system or alternate means of disposal.

An outline of watersheds tributary to drainage structures and their approximate area in acres, including those which extend beyond the boundaries of the subdivision.

Preliminary water supply and sewage treatment systems. If public facilities are available or are to be provided, the approximate location, size and profiles of all proposed water lines, valves, hydrants and sewer lines, including connection to existing facilities as required and provided in the Public Health Law. If private on-site facilities are provided, design data consistent with the requirements of the Dutchess County Health Department.

Easements. Where the topography is such as to make difficult the inclusion of any of the required facilities and improvements within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property.

Covenants or deed restrictions. A copy of all covenants or deed restrictions which either presently affect, or are intended to apply to, all or part of the tract.

(h)

Temporary stakes or markers. The Planning Board may require the location of temporary stakes or markers adequate to enable the Planning Board to locate readily and appraise the basic layout in the field, including markers at the corners of the tract. Unless the subdivision is adjacent to an existing street intersection, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown.

(3)

Preliminary engineering report detailing the demands of the proposed subdivision on water, sewer, drainage, highways and related systems, and detailing the methods through which these demands shall be accommodated and the methods, including available alternatives, through which any potentially adverse impacts shall be mitigated.

(4)

A separate preliminary stormwater pollution prevention plan pursuant to NYSDEC and EPA Phase II Stormwater Regulations and Town Code Chapter 122, Erosion and Sediment Control, and consistent with the submission requirements and the performance and design criteria and standards set forth therein.

[Added 2-4-2010 by L.L. No. 10-2010[1]]

Editor's Note: This local law also redesignated former Subsection B(4) as Subsection B(6).

(5)

Preliminary engineering calculations of the extent of "cut" and "fill" that would occur in undertaking required subdivision improvements and constructing driveways, installing sanitary sewage facilities and grading building sites on each of the proposed lots and an estimate of the amount and type of fill material that would be imported to the subdivision and the amount and type of cut material that would be exported from the subdivision.

[Added 2-4-2010 by L.L. No. 10-2010]

(6)

Additional data that may be required to complete state environmental quality review process, as initiated with the submission at the sketch plat phase.

§ 192-23 Final plats for major subdivisions.

Completed subdivision application form, receipt for payment of required application fee, as specified by § 192-7 of these regulations, a Mylar and 12 copies, consisting of three full-scale prints and nine half-scale prints, and a portable document format (PDF) file of the final plat, certified by a licensed land surveyor and/or professional engineer, as required by law, at a scale of not more than 100 but preferably not less than 50 feet to an inch. The final plat shall bear the Planning Board's assigned case number, include individual stamp/signature blocks for the Town Planning Board and the Dutchess County Health Department and shall be suitable for filing in the office of the County Clerk.

[Amended 11-7-2002 by L.L. No. 7-2002; 10-9-2014 by L.L. No. 5-2014]

To the extent applicable, the following information will be submitted for approval and shall constitute a final plat.

(1)

Lot map of the entire subdivision shall be the same as that required on the preliminary plat with the following additions:

Lot layout:

Number identification by a suitable system of consecutive numbers circled and related to the Town Tax Maps.

Lot lines with accurate dimensions to the nearest 0.1 of a foot and bearings to nearest five seconds.

Lot areas for each lot measured accurately to the nearest 100 square feet for lots of one acre or less, and to the nearest 0.1 acre for lots greater than one acre.

Minimum building setback lines, if imposed beyond zoning requirements through deed restriction, shown and dimensioned.

(2)

Survey data:

Accurate tract boundary lines with bearings and distances.

Survey tie-in with accurate bearings and distances to nearest established street monuments or other official monuments, which are within reasonable distance of the property. When referenced to the state system of plane coordinates, they shall also conform to the requirements of the New York State Department of Transportation. They shall be placed as required by the designated Town Engineer and their location noted and referenced upon the plat.

Special district boundaries, e.g., water or sewer, as affect the subdivision, referenced to the subdivision survey by accurate bearings and distances.

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.

Accurate dimensions to the nearest one-tenth of a foot.

Monuments and markers:

Accurate location of all monuments (existing, proposed or to be reset) shall be shown.

Monuments or other suitable markers shall be of a type approved by the Planning Board and shall be set at all corners and angle points of the boundaries of the original tract to be subdivided; and at all street intersections, angle points in street lines, points of curve and such intermediate points as may be required by the Planning Board.

Monuments or other suitable markers of a type approved by the Planning Board shall also be set to define the location of common areas, rights-of-way, easements, and significant protected environmental features and/or maximum development envelopes, as may be indicated by the Planning Board, within the subdivision.

[Added 2-4-2010 by L.L. No. 10-2010]

(3)

Required improvement plans and profiles.

The amount of all performance, guaranties and conduct of all required inspections shall be based on these drawings, the final plat itself, this chapter and other applicable Town specifications for such required improvements and utilities.

Unless a specific waiver is requested and granted in writing by the Planning Board, the proposed improvements and utilities shall be considered to comply specifically with this chapter and the other applicable Town specifications for such improvements and utilities.

Basic drawing layout requirements are the same as those required for the preliminary plat and shall also include right-of-way, gradients and directional arrows downhill.

Designs for water lines, sewers, street, bridges and drainage structures shall be prepared by a licensed professional engineer.

Complete drainage system for the entire subdivision, with appropriate development staging for each of the final plat sections, shown graphically and related to all existing drainage features.

Utility system requirements:

Water supply and distribution:

[a]

Location of source on property or, where piped in, the size of the supply main.

[b]

Location and size of all distribution mains.

[c]

Location of fire hydrants.

[d]

Location of control valves.

Sanitary waste disposal systems:

[a]

Sanitary sewer system design shall be indicated in all cases where public or private sewer connections exist or are proposed.

[b]

Typical lot layout indicating location of individual system, where appropriate, with reference to house and water supply, and detailed drawing of proposed sanitary waste disposal system.

Location of electric, telephone, cable television, gas and other energy-related lines.

Location and description of streetlighting.

Profile drawing requirements:

Drawings shall be prepared with horizontal scale of one inch equals 50 feet and vertical scale of one inch equals 10 feet unless otherwise approved by the Planning Board.

All profiles shall show the existing natural grades, the typical cross section of existing or proposed roads, the center lines of intersecting roads and a system of survey stations.

The center-line profile of all proposed roads with dimensions on vertical curves, and notations as to gradient and critical elevations.

Detailed plans for bridges, culverts or similar structures.

[5]

The invert profile and location of all storm and sanitary drainage structures (manholes, catch basins, etc.) in street rights-of-way, drainage or other easements.

(h)

Recreation and community improvements. Landscape plans prepared by registered landscape architect indicating proposed changes in existing grades and landscaping, including the following items: play areas, walkways, incidental shelters, lighting, walls, new trees and shrubs (location, caliper and botanical name) and other required improvements.

(4)

Final engineering report.

[Amended 2-4-2010 by L.L. No. 10-2010]

(5)

Stormwater pollution prevention plan. A final stormwater pollution prevention plan pursuant to NYSDEC and EPA Phase II Stormwater Regulations and Town Code Chapter 122, Erosion and Sediment Control, and consistent with the submission requirements and the performance and design criteria and standards set forth therein.

[Amended 2-4-2010 by L.L. No. 10-2010]

(6)

Final engineering calculations of the extent of cut and fill associated with the subdivision, including consideration of the installation of required improvements and the grading and development of proposed residential or other building sites, and estimate of the amount and type of fill material that would be imported to the subdivision and the amount and type of cut material that would be exported from the subdivision.

[Added 2-4-2010 by L.L. No. 10-2010[1]]

Editor's Note: This local law also redesignated former Subsection B(4) as Subsection B(17).

(7)

Detailed cost estimate, as set forth within Article III, § 192-13 of this chapter, for the installation of all required improvements.

[Added 2-4-2010 by L.L. No. 10-2010]

(8)

Bond calculation prepared by Town Engineer.

[Added 2-4-2010 by L.L. No. 10-2010]

(9)

A prepaid title insurance policy insuring to the Town the fee to the lands in any situation where any offer of dedication of easements, roads and/or improvements is being made to the Town. The amount of such title policy shall be $50,000 or such greater amount as may be determined appropriate by the Town Engineer and Attorney to the Town.

[Added 2-4-2010 by L.L. No. 10-2010]

(10)

Performance agreement executed by the developer, secured by either a surety bond or letter of credit guaranteeing performance of the construction and maintenance obligations set forth within Article III, §§ 192-13 and 192-14, respectively, of this chapter. If the developer is a corporation or a limited-liability corporation, a principal of the corporation or limited-liability corporation shall personally guarantee the obligations.

[Added 2-4-2010 by L.L. No. 10-2010]

(11)

General liability insurance policy as set forth within Article III, § 192-15, of this chapter.

[Added 2-4-2010 by L.L. No. 10-2010]

(12)

Either documentation of the establishment of a discrete special stormwater management district for the subdivision or incorporation of the subdivision within an existing stormwater management district by the Town Board or, in the event stormwater control facilities depicted on the subdivision plat are to be privately owned, a stormwater control facility maintenance agreement pursuant to the requirements of Town Code Chapter 122, Erosion and Sediment Control.

[Added 2-4-2010 by L.L. No. 10-2010]

(13)

A maintenance agreement executed by the developer guaranteeing the installation and operation of the stormwater management facilities for a period of up to five years, depending on the nature and type of facilities proposed. If the developer is a corporation or a limited-liability corporation, a principal of the corporation or limited-liability corporation shall personally guarantee the obligations.

[Added 2-4-2010 by L.L. No. 10-2010]

(14)

Deeds executed by the developer for roads, easements and other proposed dedications to the Town or other public or private, nonprofit agency of fee or lesser interest to the lands and improvements within the subdivision.

[Added 2-4-2010 by L.L. No. 10-2010]

(15)

Environmental resource notes conspicuously set forth on the subdivision plat as may either be required pursuant to state regulation or otherwise by the Planning Board to call attention to the presence of environmental resource features, including but not limited to farm lands and associated agricultural practices protected under the NYS Agriculture and Markets Law, protected streams, designated NYSDEC wetlands and federal jurisdictional wetlands, public parklands, and historic and/or archaeological sites either within the subdivision or either directly or substantially adjacent to the subdivision.

[Added 2-4-2010 by L.L. No. 10-2010]

(16)

Legal mechanisms, including conservation easements, covenants or restrictions, to ensure long-term protection of any private conservation areas within residential building lots which may be required by the Planning Board pursuant to Article IV, § 192-18I of this chapter.

[Added 2-4-2010 by L.L. No. 10-2010]

(17)

Certifications.

Certification of title showing that the applicant is the owner or duly authorized agent of the owner.

Written offers of cession to the Town for all proposed public streets, rights-of-way and open spaces shown on the subdivision plat and copies of agreements or other documents showing the manner in which open spaces, title of which is reserved by the subdivider, are to be maintained. All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Town Attorney as to their legal sufficiency.

A certificate by the designated Town Engineer certifying that the subdivider has complied with one or both of the following alternatives:

All or part of the improvements have been installed in accordance with the requirements of these regulations and with the action of the Planning Board granting approval of the preliminary plat; or

A performance bond or equivalent security has been posted available to the Town in sufficient amount to assure completion of all required improvements.

Protective covenants and other appropriate devices in form for recording.

Letters directed to the Chairperson of the Planning Board and signed by a responsible official or any governmental authority or district which must provide necessary utility service, approving the utility installation design and assuring that adequate service will be available to accommodate the needs of the subdivision. Assurance shall also be provided that the long-term ownership and maintenance of the utilities shall be provided in accordance with Article 12 of the Town Law or by a similarly acceptable mechanism.

[Amended 11-7-2002 by L.L. No. 7-2002]

Letter, in appropriate cases, directed to the Chairperson of the Planning Board signed by a responsible official of the New York State Department of Transportation, or the Dutchess County Department of Public Works, approving construction and access on state or county rights-of-way, respectively. If access or construction affects a Town highway, approval of the Town Highway Superintendent shall be similarly required and a certificate shall be provided by the Town Clerk indicating the required Town highway access permit fee, as established within Town Code Chapter 128, Fees; Land Use, has been paid.

[Amended 11-7-2002 by L.L. No. 7-2002; 2-4-2010 by L.L. No. 10-2010]