The following procedures and requirements shall apply to minor subdivisions only (see definitions, §
200-11). All other subdivisions and resubdivisions, regardless of the total number of lots involved, shall be processed as major subdivisions according to the procedures and requirements specified herein.
A. Sketch plat required. Submission of a sketch plat
showing existing site features and a tentative layout of the subdivision
shall be required as part of the plat approval process for all minor
subdivisions. The Planning Board shall use the sketch plat for determining
the number of lots permitted, arranging and conducting a site inspection
of the property and establishing whether the subdivision is located
in an Agricultural District.
B. Application. Any person proposing to create a minor
subdivision shall submit, along with plans required below, 12 copies
of an application for minor subdivision approval. This application
may be in letter form and shall specify and/or be accompanied by:
(1) The name, address and telephone number of the property
owner of record and those of the subdivider, if different.
(2) The name or number of the road where the proposed
subdivision is to be located.
(3) The name, address and telephone number of the surveyor
or engineer preparing the subdivision plans.
(4) The type of water supply proposed.
(5) The type of sewer system proposed.
(6) The required fee or receipt for the same from the
Planning Board Secretary.
(7) A completed environmental assessment as required by
SEQRA.
C. Final plat. The subdivider shall submit 12 copies
of a final plat and required supplementary data for the proposed subdivision.
This plat shall be prepared by a professional engineer or surveyor
and shall show all the lots proposed to be created. The final plat
shall meet the following requirements:
(1) The subdivision plat shall, ordinarily, be not less
than 8 1/2 inches by 11 inches nor more than 24 inches by 36
inches in size.
(2) The names of all abutting property owners and the
size of any remaining acreages in the tract from which lots are being
taken, based on existing surveys where adequate, shall be shown.
(3) The plat shall show the name of the municipality,
name of the owner of record, North point, graphic scale, and date.
(4) Soil types found on the site shall be shown unless
the lots involved are lot improvements or contain existing sewage
systems. Soil Conservation Service classifications shall be used.
(5) Existing public roads shall be identified by traffic
route numbers and private roads by their posted names and numbers.
(6) Proposed lot or parcel lines shall be drawn to scale
and dimensions given in feet and hundredths of a foot. Lot areas shall
be shown in acres or square feet. The plat shall depict the proposed
subdivision as a part of the contiguous holdings of the subdivider,
and show adjacent lots already taken from the parcel.
D. Soil tests. Documentation as may be required by the
New York State Department of Health, along with a soils evaluation
by the test pit method and/or other required supplemental data relating
to sewage disposal shall be submitted.
E. Street encroachment permits. A completed application
to the Deerpark Highway Superintendent, the State Department of Transportation
or County Department of Public Works, as the case may be, for a street
encroachment permit shall also be required.
F. Public hearing. The Planning Board shall, within 62
days of the receipt of a complete final plat by the Planning Board
Secretary, hold a public hearing, advertising such hearing at least
once in a newspaper of general circulation in the Town at least five
days prior to the hearing and providing such other notice as it deems
appropriate. The hearing shall be closed on motion of the Planning
Board within 120 days after it is opened and be used to guide the
Planning Board in acting upon the environmental assessment.
G. Action on final plat. The Planning Board shall, by
resolution, conditionally approve with or without modification, disapprove
or grant final approval and authorize signing such plat within 62
days of the close of the public hearing, provided it has first acted
upon the environmental assessment and made a negative declaration
with respect to environmental impacts. Should the Board be unable
to make a negative declaration, it shall proceed in the manner provided
by New York State Town Law § 276.
H. Certification, filing and signing of final plat. Within
five business days of the adoption of the resolution granting conditional
or final approval of the final plat, such plat shall be certified
by the Secretary as having been granted conditional or final approval
and a copy of such resolution and plat shall be filed in such Secretary's
office and with the Town Clerk and shall be mailed to the subdivider.
In the case of a conditionally approved plat, such resolution shall
include the requirements which, when completed, will authorize the
signing thereof. Upon completion of such requirements the plat shall
be signed by a duly authorized officer of the Planning Board, filed
with the Secretary.
I. Time limits on conditional approvals. A conditional
approval of a final plat shall expire within 180 days unless all conditions
are satisfied and certified as completed. This period may be extended
for not more than two additional periods of 90 days where particular
circumstances so warrant in the judgment of the Planning Board.
J. Approvals by default. In the event the Planning Board
fails to take action on a plat within the time periods prescribed
herein or within such extended periods as may have been established
by mutual consent of the subdivider and Planning Board, the subscriber
shall be entitled to an approval by default pursuant to the Town Law.
K. Recording of final plats. All final plats shall be
filed in the office of the County Clerk within 62 days of approval,
subject to the provisions of § 276 of the Town Law.
L. County Planning Board review. Applications for preliminary
or final plat approval shall be subject to referral to the County
Planning Board pursuant to § 239-n of the General Municipal
Law, if located within 500 feet of:
(2) The boundaries of any existing or proposed county
or state park or other recreation area; or
(3) The right-of-way of any county or state highway, or
(4) The right-of-way of any existing or proposed stream
or drainage channel owned by the county or for which the county has
established channel lines; or
(5) The boundary of any existing or proposed county or
state land on which a public building or institution is situated;
or
(6) The boundary of a farm operation in an Agricultural
District.
Major subdivision plat submissions shall be
subject to SEQRA review and be processed as follows:
A. Sketch plat required. Submission of a sketch plat as provided in §
200-14 shall be encouraged as part of the preliminary plat approval process for all major subdivisions. This plan may be used to determine the number of lots permitted, determine whether the subdivision will involve other agencies and make a preliminary classification of the subdivision as a Type I or Unlisted SEQRA action. The Planning Board shall also use the sketch plat for purposes of determining lead agency status, arranging and conducting a site inspection of the property and establishing whether the subdivision is located in an Agricultural District.
B. When Planning Board is not lead agency or an EIS is
required. Should the Planning Board not assume lead agency responsibilities
in the SEQRA review of the subdivision, or should an environmental
impact statement be required, the provisions contained herein pertaining
to public hearings, notices and decisions shall be modified as provided
in § 276 of the Town Law.
C. When Planning Board is lead agency and no EIS is required. If the Planning Board acts as lead agency and determines an environmental impact statement is not required, the subdivider shall complete preparation of the preliminary plat as required by §
200-15 and provide Part 1 of the SEQRA long form environmental assessment. The Planning Board, within 62 days of the receipt by the Secretary of a preliminary plat which is complete except for a negative declaration filed pursuant to SEQRA, shall hold a public hearing on this preliminary plat, advertising such hearing at least once in a newspaper of general circulation in the Town at least five days prior to the hearing and providing such other notice as it may deem appropriate. The hearing shall be closed on motion of the Planning Board within 120 days after it is opened and be used to guide the Planning Board in acting upon the environmental assessment.
D. Action on preliminary plat. The Planning Board shall
approve, with or without modifications, or disapprove the preliminary
plat within 62 days of the close of the public hearing, provided a
negative declaration has first been filed pursuant to SEQRA.
E. Grounds for action. The grounds for modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat the Planning
Board shall state in writing any modifications it deems necessary
for submission of the final plat.
F. Preliminary plat certification. Within five business
days of the approval of any preliminary plat, such plat shall be certified
by the Secretary as approved and a copy of the plat and approval resolution
shall be filed in the Secretary's office with a copy of the resolution
provided to the subdivider and also filed in the office of the Town
Clerk. Disapproval resolutions shall be filed and mailed in the same
manner.
G. Time to submit final plat. The subdivider, within six months of the approval of the preliminary plat, shall install or, pursuant to §
200-16, financially guarantee all subdivision improvements and submit the plat in final form as provided in §
200-17. The Planning Board may revoke preliminary plat approval if a final plat is not submitted within six months or grant a limited extension of the preliminary approval provided that no preliminary plat shall remain valid if a final plat has not been submitted within three years.
H. Action on final plat. When the final plat is in substantial
agreement with the preliminary plat, the Planning Board shall, by
resolution, conditionally approve with or without modification, disapprove,
or grant final approvals and authorize signing of such plat within
62 days of its receipt by the Secretary. No additional public hearing
shall be required. When the final plat is not in substantial agreement
with the preliminary plat, the preliminary plat procedures shall apply
to a final plat insofar SEQRA review, public hearing, notices and
decision.
I. Certification, filing and signing of final plats.
Within five business days of the adoption of the resolution granting
conditional or final approval of the final plat, such plat shall be
certified by the Secretary as having been granted conditional or final
approval and a copy of such resolution and plat shall be filed in
such Secretary's office and with the Town Clerk and shall be mailed
to the subdivider. In the case of a conditionally approved plat, such
resolution shall include the requirements which, when completed, will
authorize the signing thereof. Upon completion of such requirements
the plat shall be signed by a duly authorized officer of the Planning
Board, filed with the Secretary.
J. Final plats by section. The Planning Board may permit
any subdivision for which preliminary plat approval has been granted
to be submitted in sections for final plat approval.
K. Time limits on conditional approvals. A conditional
approval of a final plat shall expire within 180 days unless all conditions
are satisfied and certified as completed. This period may be extended
for not more than two additional periods of 90 days where particular
circumstances so warrant in the judgment of the Planning Board.
L. Approvals by default. In the event the Planning Board
fails to take action on a plat within the time periods prescribed
herein or within such extended periods as may have been established
by mutual consent of the subdivider and Planning Board, the subscriber
shall be entitled to an approval by default pursuant to the Town Law.
M. Recording of final plats. All final plats shall be
filed in the office of the County Clerk within 62 days of approval,
subject to the provisions of § 276 of the Town Law.
N. County planning agency review. Applications for preliminary
or final plat approval shall be subject to referral to the County
planning agency pursuant to § 239-n of the General Municipal
Law, if located within 500 feet of:
(2) The boundaries of any existing or proposed county
or state park or other recreation area; or
(3) The right-of-way of any county or state highway, or
(4) The right-of-way of any existing or proposed stream
or drainage channel owned by the county or for which the county has
established channel lines; or
(5) The boundary of any existing or proposed county or
state land on which a public building or institution is situated;
or
(6) The boundary of a farm operation in an Agricultural
District.
The sketch plat should be at a scale sufficient
to show the entire tract on one sheet, and should show or include
the following:
A. The location of that portion which is to be subdivided
in relation to the entire tract.
B. An existing and natural site features analysis which
depicts all structures, wood area, stream, natural features, stone
walls, wetlands, outstanding views and other aspects of the property
around which a subdivision plan should be designed.
C. The name of the owner and of all adjoining property
owners as disclosed by the most recent deed or tax records.
D. All streets or roads, streams, water, sewage and gas
and power lines within 500 feet of the subdivision.
E. The tentative layout of the remainder of the tract
owned by the subdivider.
F. North point, graphic scale, date and name/address
of subdivider and landowner.
G. A location map with sufficient information to enable
the locating of the property.
The final plat shall be prepared on one or more
sheets of a uniform size coinciding with requirements of the Orange
County Clerk's office. Final plat attachments and exhibits shall be
numbered and labeled in accordance with the requirements of this section
and a "subdivision checklist" to be developed by the Town. The final
plat shall include, in addition to the information required for the
preliminary plat submission, the following:
A. Exact locations, widths and names of all streets and
all crosswalks within the subdivision.
B. Complete curve data for all curves included in the
plat.
C. Exact descriptions of all easements being provided
for services or utilities in the subdivision, and any limitations
placed on the use of such easements.
D. Accurate outlines of any lots or areas to be reserved
or dedicated for common use by residents of the subdivision, or for
general public use, with the purpose indicated thereon, including
all open space, conservation or drainage easements.
E. Front building lines, shown graphically with dimensions.
F. A final version of all restrictions and covenants,
if any, the subdivider intends to place in the deeds to the lots in
the subdivision. If no such restrictions or covenants are to be imposed,
a statement to that effect shall be included.
G. The total tract boundary lines of the area being subdivided,
with accurate distances to hundredths of a foot and bearings to one
minute. These boundaries shall be determined by accurate survey in
the field; provided, however, that the boundary(s) adjoining additional
unplatted land of the subdivider (for example, between separately
submitted final plat sections) are not required to be based upon field
survey, and may be calculated. The location of all boundary line (perimeter)
monuments shall be indicated, along with a statement of the total
area of the property being subdivided. In addition, the engineer or
surveyor shall certify the placement of the monuments.
H. The final plat shall contain a certificate signed
by the project engineer indicating that all improvements have either
been installed and approved by the proper officials or agencies, or
that a guarantee in an amount satisfactory to the Engineer for the
Town and sufficient to ensure their installation has been submitted
to the Town.
I. Complete final construction plans and profiles of
installed or proposed public sanitary sewage disposal systems and
storm drains, with grades and pipe sizes, unless on-site sewage disposal
systems are to be used.
J. Complete final construction plans of installed or
proposed public water distribution systems showing pipe sizes and
locations of valves and fire hydrants, if any, unless private wells
are to be used.
K. Evidence of actual arrangements made with utility
companies or agencies for supplying each lot in the subdivision.
L. A key map for the purpose of locating the site to
be subdivided, at a scale of not less than 2,000 feet to one inch,
showing the relation of the property to adjoining property and to
all streets, roads and municipal boundaries existing within 4,000
feet or any part of the property proposed to be subdivided, USGS quadrangle
maps may suffice as a base for such a key map.
M. Blank approval blocks for the Town Planning Board
stamp and signatures shall appear on every sheet of the set of plans.
N. A statement that erosion and sedimentation and stormwater
management plans, as required, have been prepared and where appropriate
approved by the Orange County Soil and Water Conservation District.
O. Copies of street encroachment or highway occupancy
permits and complete final construction plans, including agreements
as may be required to ensure maintenance of private streets.
P. Each final plat submission shall, in addition to the
items required above, include new submissions of preliminary plat
data in any instance where there has been a change in the plans or
the circumstances surrounding them.
At the time an application for subdivision approval
is filed, a fee shall be paid to the Town by the subdivider; such
fee to be determined from a schedule of fees as adopted by the Town
Board by resolution. Additional fees may be imposed to cover the costs
of inspections, professional reviews and SEQRA compliance, as well as the expenses connected with notices
and hearings.