NOTE: A checklist is provided in Appendix B.[1] The checklist may be modified from time to time by resolution
of the Planning Board.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
Information. The sketch plan initially submitted to the Planning
Board shall be based upon, at a minimum, a deed plot and Orange County
Geographic Information System (OC-GIS) mapping data at a scale (preferably
not less than 200 feet to the inch) to enable the entire tract to
be shown on one sheet. The plan shall be printed in ink on a sheet
a minimum of 24 inches by 36 inches and at a maximum of 34 inches
by 44 inches. The sketch, prepared by a licensed design professional
for subdivisions, shall indicate the following:
(1)
A map of the entire holding indicating the location of that portion
which is to be subdivided in relation to the entire tract, and the
distance to the nearest existing street intersection.
(2)
Topographic contours at intervals of not more than 10 feet and surveys
based on the New York State System of Plane Coordinates in accordance
with North American Vertical Datum of 1988 (NAVD 88).
(3)
The name of the owner and of all adjoining property owners as disclosed
by the most recent Town tax records.
(4)
The Tax Map section, block and lot numbers.
(5)
All the utilities available, and all streets which are either proposed,
mapped or built.
(7)
All existing restrictions on the use of land including easements
and covenants.
(8)
A location map at a minimum scale of one inch equals 500 feet, or
1:6,000 to indicate the relationship of the proposed subdivision to
significant existing community facilities which will serve or influence
the layout, such as major traffic arteries, shopping areas, schools,
parks, employment centers, churches, etc. This map shall be drawn
to a scale suitable to indicate the above features. It shall show
the North point, scale and date.
(9)
Existing drainage features (e.g., culverts, marshes, ponds, streams,
floodplains, federal and state wetlands and their buffers) within
the portion to be subdivided and within 200 feet thereof. Wetlands
based on USFWS Inventory and NYSDEC maps.
(10)
General site conditions. Rock outcrops, isolated trees over
twelve-inch caliper and all trees over twenty-four-inch caliper, orchards,
hedges, and other ornamental landscaping, wooded areas, existing structures,
stone walls, roads or lanes, power lines, easements and other existing
improvements within the portion to be subdivided and within 200 feet
thereof.
(11)
Zoning district or districts and bulk lot requirements table.
(12)
Acreage of each land use and proposed density.
(13)
Location of soils based upon Orange County Soils Survey and
soils groups as prepared by the United States Department of Agriculture
Soil Conservation Service.[1]
[1]
Editor's Note: The United States Department of Agriculture’s
Soil Conservation Service (SCS) has been changed to the Natural Resources
Conservation Service (NRCS).
(14)
Building setback lines dashed and dimensioned for each lot.
(15)
Schematic locations of house, driveway, water and sewer locations.
(16)
Any other information the Planning Board may deem appropriate.
B.
Waivers. Where strict application of the provisions of Subsection A would be undesirable, unreasonable or in conflict with subdivision policy, the Planning Board may, by resolution, waive part or all of such preapplication requirements. This waiver shall not apply to succeeding submissions unless so stated by the Board. All waivers or modifications to be requested on minor subdivision plats must be requested at time of sketch plan submission.
A.
Information on plat. In the case of minor subdivision ONLY, the subdivision
plat application shall include the following information:
(1)
Proposed subdivision name, name of the town and county in which it
is located, name and address of record owner and subdivider, North
point, map scale, date of drawing and of latest revision (if any),
all located within a title block.
(2)
Location of existing and proposed structures, indicating conformance
to zoning district requirements.
(3)
Location of intersection of driveway(s) with public road.
(5)
An actual field survey of the boundary lines of the entire tract,
and of the lots to be subdivided from the tract, giving complete descriptive
data by bearings and distances, made and certified to by a licensed
land surveyor. The corners of the tract shall also be located on the
ground and marked by monuments as approved by the Planning Board Engineer
and shall be referenced and shown on the plat.
(6)
All on-site sanitation and water supply facilities shall be designed
to meet the minimum specification of the State Department of Health,
and a note to this effect shall be stated on the plat and signed by
a licensed engineer. The location and results of the soil percolation
test(s) and deep hole tests on which the septic system design(s) is
(are) based shall be indicated on the plat and the results of these
tests shall be documented within the plan set.
(7)
As required by § 267, paragraph 7[1], of the Town Law, the plat is to be filed with the County
Clerk. It shall be printed upon linen or be clearly drawn in India
ink upon Mylar. The size of the drawing sheet shall be not less than
8 1/2 inches by 11 inches nor more than 34 inches by 44 inches
All plan sheets should be consistent size within the plan set.
[1]
Editor's Note: So in original. This may be intended to refer
to Town Law § 276, perhaps Subdivision 11.
B.
Accompanying information.
(1)
A copy of such covenants or deed restrictions as are intended to
cover all or part of the tract.
(2)
Letter of approval (if applicable) from the Orange County Department
of Public Works or the New York State Department of Transportation
relative to access to a public road under their jurisdiction.
(3)
SEQRA documents including, at least, a Short Form EAF, and in the
sole discretion of the Planning Board, a Full EAF.
The following documents shall be submitted for approval of the
preliminary plat:
A.
Information on plat. Eight full-scale copies and seven eleven-inch-by-seventeen-inch
copies of the preliminary plat prepared by a New York State Education
Department licensed design professional as required by law providing
the following information:
(1)
(2)
The drawing sheet:
(a)
Size shall be in conformance with requirements for filing in
the Orange County Clerk's office.
(b)
If more that one sheet is required, a clearly drawn "cut" line
shall be shown on both sheets and on the key map.
(c)
Drawing copies (seven sets) for Planning Board members shall
be eleven-inch by seventeen-inch and eight sets of full-scale plans
shall be submitted for the official file and consultant's review.
(d)
Plan sets shall contain the following drawing sheets with the
minimum information as specified on each sheet:
[1]
Cover sheet. Subdivision name, drawing index, zoning tables,
location map, key map, general notes.
[2]
Survey plan. Existing site conditions, topography, wetlands
delineation, existing structures and site features.
[3]
Subdivision plat. Metes and bounds, lot geometry, right-of-way
geometry, easements, lot sizes.
[4]
Site plan. General layout information, roadway layout, house
locations, driveway/entrance locations.
[5]
Grading plan. Existing and proposed topography, site/house roadway
grading.
[6]
Utility plan. Layout of all utilities.
[7]
Profiles. Roadway alignments, utility easements, project site
cross sections.
[8]
Landscape plan. Locations of proposed plantings, type and size
of plantings, existing trees to be preserved, clearing-line limits.
[9]
Erosion control plan. Methods of erosion control proposed on
site, locations for all methods, temporary swale/sediment basin/sediment
trap calculations for sizing, seeding notes, sequence of construction.
[10]
Construction phasing plan. Order in which project
will be constructed, time line for project phases.
(3)
Title block:
(a)
Name of the subdivision; name of town and county in which it
is located.
(b)
Name and address of the subdivider, and record owner.
(c)
Name and address, license number and seal and signature of the
design professional who prepared the drawings.
(d)
Total acreage for entire tract and for each zoning district
within the tract.
(e)
Total number of proposed lots.
(4)
Other notations on the map:
(a)
Date of original preparation and of each subsequent revision.
(b)
Graphic scale of no less than 100 feet equals one inch but preferably
not less than 50 feet to the inch.
(c)
True or magnetic North point.
(d)
Certification by the licensed land surveyor that the boundaries,
easements, encroachments, rights-of-way and topography shown resulted
from an actual land survey and/or aerial survey developed through
the process of photogrammetry; and the date of that survey.
(e)
Offers of dedication, statements establishing easements, and
similar statements should be indicated on the drawing.
(f)
Zoning district, including exact boundary lines of district,
if more than one district, and any standards from the Zoning Ordinance
text applicable to the area to be subdivided.
(g)
The following map notes as applicable to the project shall be
included within the plan set as directed by the Planning Board. This
list is not exhaustive, and therefore the Planning Board has the discretion
to require additional notes as it deems appropriate based on the record
of the application:
[1]
This is a subdivision of the following tax lots (S-B-L) as shown
on the Town of Montgomery Tax Maps.
[2]
Area of tract equals (number acres).
[3]
Zoning District equals (name).
[4]
Number of lots equals (number).
[5]
Record owner: (Name) (Address).
[6]
Record applicant: (Name) (Address).
[7]
Fire District: (Local) Fire Department.
[8]
School District: (Local) School District.
[9]
(only if applicable) - Water District: (Local) Water Department.
[10]
(only if applicable) - Sewer District: (Local
Sewer Department).
[11]
Datum: NAVD 88.
[12]
These plans are developed based upon a site survey
dated (DATE) by: (Surveyor) and (Address).
[13]
Contractor shall verify location and operation
of all existing utilities, features, conditions, etc. and shall notify
the engineer and applicant in writing of any discrepancies.
[14]
Right-of-way boundary monuments in accordance
with municipality specifications to be set at locations marked with
symbol:
[15]
All property corners shall be marked with a 3/4
inch iron rod.
[16]
Depending on project scope and existing site conditions,
all new utilities shall be installed underground at the discretion
of the Planning Board. Electric service connections to individual
houses shall be in conduit of not less than two-inch diameter.
[17]
(only if applicable) - Streetlighting, when required,
to be installed at developer's expense, as determined by the Planning
Board, will be installed as shown on the final lighting plan. For
major subdivisions not requiring streetlighting at this time, underground
cabling, conduits and pull boxes for electrical service shall be installed
for future lighting at all intersections, road bend locations, and
culs-de-sac, and in accordance with good illumination planning, as
approved by the Planning Board.
[18]
All footing and roof drains shall be piped to
daylight.
[19]
Prior to any excavation activities, contractor
shall coordinate with utilities companies that furnish existing services,
including water, electric, telephone, and natural gas service.
[20]
(required where previous filed maps exist) - Reference:
"Map of (Project Name)" filed in the Orange County Clerk's office
on (Date) Book number, as Map number.
(5)
(6)
Adjacent properties within 200 feet of the site which are displayed
on the latest Tax Map sheet(s) shall be identified by the names of
the owners of record together with section, block and lot numbers.
(7)
Boundaries of special districts (such as water, sewer, fire, school,
lighting, etc.).
(8)
Topographic contours at two-foot intervals referenced to the NAVD
88 datum of mean sea level.
(a)
Smaller or larger intervals may be required by the Planning
Board when advisable due to the terrain.
(b)
Topographic and planimetric information shall extend 100 feet
(or as necessary) beyond the subdivision boundary line (i.e., 500
feet to 1,000 feet along road corridors to demonstrate sight distance).
(c)
Proposed finished grades shall be indicated.
(9)
Existing site conditions:
(a)
An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances, made and certified
to by a licensed land surveyor. The corners of the tract shall also
be located on the ground and marked by substantial markers of such
size and type as approved by the Planning Board Engineer, and shall
be referenced and shown on the plat. Existing boundary monument(s)
used to resolve subdivision perimeter(s) shall be called out on the
map.
(e)
Location and size or capacity of all other utility structures,
such as water and gas mains and power lines on the subdivision and
within 200 feet of its boundaries.
(f)
Ponds, streams, federal and state wetlands and their buffers,
federal floodplains and land subject to periodic or occasional flooding,
or similar unstable conditions on the subdivision and within 200 feet
of its boundaries.
[2]
Wetlands shall show:
[a]
State wetland delineation signed by a DEC agent,
including one-hundred-foot buffer and appropriate notes limiting development
within wetland and buffer areas.
[b]
Federal wetlands with accompanying reports, delineation
and name of delineator and date of field work.
[c]
Local wetland data as may be required.
[4]
Lands contiguous to the navigable waters of the state and which
have frontage on such water shall show the extension of the littoral
property lines of such lots, plots, blocks, sites or units from the
intersection of said line or lines with high-water mark into said
navigable waters of the state. Sufficient data to define the location
of the riparian/littoral area associated with such lots, blocks, or
plots shall be provided.
(g)
Subsurface data in accordance with the Orange County Department
of Health requirements in accordance with the United States Environmental
Protection Agency Office of Water Program Operations Office of Research
and Development Municipal Environmental Research Laboratory Design
Manual, "Onsite Wastewater Treatment and Disposal Systems," October
1980, as may be amended from time to time.
[1]
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 depth of five feet.
[2]
Locations shall be indicated where critical conditions exist,
as well as areas where drainage structures requiring seepage are to
be constructed.
(h)
Town or other public lands, lands designated as parks, open
spaces or for other public use and cemeteries. Cemeteries shall be
shown or a statement shall accompany the application whereby the applicant
certifies to the best of their knowledge that no burial grounds/cemeteries
exist on the subject property or within 100 feet of the property and
that they have inquired of their field consultants to this effect.
(i)
Buildings and other structures located on and within 200 feet
of the site.
(j)
Location of rock outcrops, wooded areas, isolated trees with
a diameter of eight inches or more at breast height, specimen trees
and trees over 12 inches in diameter at breast height within wooded
areas, orchards, hedges, and other ornamental landscaping, stone walls,
roads or lanes, power lines, easements and other significant existing
features within the portion to be subdivided and within 200 feet thereof.
Inspection, location and marking of trees as to size, specimen and
condition shall be performed and certified by an arborist for those
areas where such tree location is required for trees to be saved or
cleared.
(k)
Agricultural operations on or within 500 feet of the boundary
of the subdivision.
(10)
Proposed site development. (See Article IV, General Requirements and Design Standards.)
(a)
Streets.
[1]
Name (to be checked prior to submission with the Town Clerk
to avoid duplication and to secure approval of the Town Board).
[2]
The width and location of any streets or public ways or places
shown on the Official Map or the Master Plan, if such exists, within
the area to be subdivided, together with street profiles of all streets
or public ways proposed by the developer.
[3]
Right-of-way width.
[4]
Tentative center-line elevations at intersections and at principal
changes in gradient.
[5]
Tentative center-line gradient shown in percent of slope.
[6]
Plans and cross sections showing the proposed location and type
of sidewalks, streetlighting 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.
[7]
Preliminary designs of any bridges which may be required.
(c)
Easements, parks, restricted areas and other improvements.
[1]
Purpose and restrictions.
[2]
Designation of areas or rights-of-way which are to be offered
for public dedication or deeded to homeowners' association or other
private corporation with clear indications of proposed changes in
grades and landscaping thereon. The Board may require specific recreation
improvements and planting of trees, shrubs, grass and other landscaping
in all areas to be so dedicated.
(d)
Preliminary stormwater drainage system plan.
[1]
Drainage structures shall be shown on the preliminary layout
indicating the approximate location and size of proposed lines and
culverts and their profiles, connection to existing lines or alternate
means of discharge.
[2]
Outline of watersheds tributary to drainage structures and their
approximate area in acres, including those that extend beyond the
boundaries of the subdivision shall be shown on the preliminary layout.
Drainage basin map shall account for all upstream contributory drainage
areas that pass flow through the subject property and shall extend
downstream of the site to a logical point of discharge such as a downstream
hydraulic control structure.
(e)
Preliminary water supply and sewage treatment systems. The approximate
location, size and profiles of all proposed waterlines, valves, hydrants
and sewer lines, and fire alarm boxes shall be shown; as well as connections
to existing lines or alternate means of water supply or sewage disposal
and treatment as provided in the Public Health Law.
(f)
Easements. Where the topography is such as to make difficult
the inclusion of any of the required facilities within the public
areas as laid out, the preliminary plat shall show the boundaries
of proposed permanent easements over or under private property, which
permanent easements shall not be less than 20 feet in width and up
to 30 feet wide as specified by the Planning Board and which shall
provide satisfactory access to an existing public highway or other
public highway or public open space shown on the subdivision or the
Official Map.
B.
Entire holdings. If the application covers only a part of the subdivider's
entire holding, a map of the entire tract, drawn at a scale of not
less than 200 feet to the inch showing an outline of the platted area
with its proposed streets and indication of the probable future street
system with its grades and drainage in the remaining portion of the
tract and the probable future drainage layout of the entire tract
shall be submitted. The part of the subdivider's entire holding submitted
shall be considered in the light of the development potential of the
entire holdings.
C.
Covenants and deed restrictions. A copy of such covenants or deed
restrictions as are intended to cover all or part of the tract.
D.
Temporary markers. The Planning Board may require the location of
temporary markers adequate to enable members of the Planning Board
to locate readily and evaluate the basic layout in the field; these
may include, but are not limited to, markers at the corner of the
site, one-hundred-foot stations along center line of proposed roads,
lot corners, house locations, and other specific locations at the
discretion of the Planning Board. 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.
E.
Waivers. If, owing to the special nature of the proposed subdivision, the Planning Board finds that strict application of the provisions of this section would be undesirable, unreasonable or in conflict with subdivision policy, the Planning Board may, by resolution, waive part or all of such preliminary plat requirements. The Board shall state in its findings those provisions which in its opinion may be waived and the justification for such waiver or waivers. These waivers shall apply to final plat submission only where so noted by the Board. (See Article VI.)
F.
SEQRA. Appropriate SEQRA information necessary for the Planning Board
to type the "action." A Full Environmental Assessment Form shall be
submitted.
The following documents shall be submitted for final plat approval:
A.
Major subdivision plat. The plat to be filed with the County Clerk
shall be printed upon Mylar. The size of the sheets shall be no less
than 8 1/2 inches by 11 inches nor more than 34 inches by 44 inches,
including a margin for binding of two inches, outside of the border,
along the left side and a margin of one inch outside of the border
along the remaining sides. The plat shall be drawn at a scale of no
more than 100 feet to the inch and oriented with the North point at
the top of the map. When more than one sheet is required, an additional
index sheet of the same size shall be filed showing to scale the entire
subdivision with lot and block numbers clearly legible. Space shall
be reserved thereon for endorsement by the County Department of Health,
where appropriate, and for the Planning Board's stamp.
(2)
Lot map of the entire subdivision shall be the same as that required
on the preliminary plat with the following additions:
(a)
Lot layout:
[1]
Number identification by a suitable system of consecutive circled
numbers continuing in sequence from a prior subdivision of the same
parent parcel.
[2]
Lot lines with accurate dimensions to the nearest 1/100 of a
foot and to the nearest second shall be shown.
[4]
Lot areas for each lot measured accurately to the nearest square
foot.
(b)
Special parcels:
[1]
Description of proposed action and use, including a note where
an offer of dedication is being made. For any land which is reserved
by the developer, or to a homeowners' association, there shall be
submitted with the subdivision plat copies of agreements or other
documents showing the manner in which such areas are to be maintained
and the provisions made therefor.
[2]
Boundary lines with accurate dimensions shall be shown.
[3]
Lot areas for each lot measured accurately to the nearest square
foot.
(3)
Survey data.
(a)
Accurate subdivision perimeter boundary with bearings and distances
meeting ALTA/ASCM Standards for Land Title Surveys.
(b)
Town, village, county and special district boundaries referenced
to the subdivision survey by accurate bearings and distances, which
are within reasonable distance of the property.
(c)
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.
(d)
Accurate dimensions to the nearest one hundredth of a foot,
bearings and arc angles to the nearest second.
(e)
Monuments.
[1]
Proposed location of all monuments shall be shown.
[2]
Existing monuments shall be shown with this symbol and described.
[3]
Proposed new monuments or monuments to be reset shall be shown
with this symbol.
[4]
Monuments of a type approved by the Town Engineer 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 shall
be required by the Town Engineer. (Monuments shall be located at the
beginning and end of each curve along one side of the street right-of-way).
B.
Public improvement plan and profiles.
(1)
The performance bond and the inspection service shall be based on
this drawing, the final plat itself, these subdivision regulations
and the Town specifications for such public improvements and utilities.
(2)
Unless a specific waiver is requested in writing, the proposed public
improvements and utilities shall, be considered to comply specifically
with these subdivision regulations and the Town specifications for
such public improvements and utilities.
(4)
Designs for waterlines, sewers, streets, bridges and drainage structures
shall be prepared by a professional engineer licensed to practice
in the State of New York.
(5)
Drainage system requirements - complete drainage system for the entire
subdivision, with appropriate development stages for each of the final
plat sections, shall be shown graphically with all existing drainage
features.
(6)
Utility systems requirements:
(b)
Sanitary waste disposal system:
[1]
Sanitary sewer system design shall be indicated in all cases
where public or private sewer connections exist or are proposed.
[2]
Typical lot layout indicating location of individual system
with reference to house and water supply; and detailed drawing of
proposed sanitary waste disposal unit indicating all service line
type, material, diameter and separation distance required.
(c)
Location of electric, telephone, and TV cable, and gas lines.
(d)
Location and description of outdoor lighting.
(7)
Profile drawing requirements:
(b)
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.
(c)
The center-line profile of the proposed roads with dimensions
on vertical curves, and notation as to gradient, critical elevations
and k factors.
(d)
Detailed plans for bridges, culverts or similar structures.
(e)
The invert profile and location of all storm and sanitary drainage
structures (manholes, catch basins, etc.) in street rights-of-way
and in drainage easements showing all pipe types, slopes, diameters,
and inverts, shown to scale.
(8)
Recreation and community improvements.
(a)
Landscape plan prepared by a registered licensed professional
landscape architect and/or architect indicating proposed changes in
existing grades and landscaping including the following items: play
areas, walkways, incidental shelters, walls, new trees and shrubs
(location and botanical name), tennis court, decorative pools and
all similar improvements.
(b)
Clubhouse, swimming or wading pool, and other major improvements:
Plans and elevations or prospective rendering by licensed design professional,
planting schedule itemizing plant types, size quantities keyed into
symbols on landscape plan, planting details, notes for installation
and storage and handling, inspection.
C.
Certifications.
(1)
Certification of title showing that applicant is owner.
(2)
Written irrevocable offers of dedication to the Town of all public
streets, rights-of-way and open spaces shown on the plat and copies
of agreements or other documents showing the manner in which spaces,
title of which is reserved by the subdivider, are to be maintained.
All offers of dedication and covenants governing the maintenance of
any such property shall bear the certificate of approval of the Town
Attorney as to their legal sufficiency.
(3)
A certificate by the Planning Board Engineer certifying that the
subdivider has complied with one or both of the following alternatives.
(a)
All or part of the improvements have been installed in accord
with the requirements of these regulations and with the action of
the Planning Board granting approval of the preliminary plat; or
(b)
A letter of credit, certified check, or passbook assignment
has been posted available to the Town in sufficient amount to assure
completion of all required improvements.
(4)
Protective covenants in form for recording.
(5)
Other data such as certificates, affidavits, endorsements or dedications
as may be required by the Planning Board in the enforcement of these
regulations.
(6)
Letter in appropriate cases directed to the Chairperson of the Planning
Board signed by a responsible official of the State Department of
Transportation, or the Orange County Commissioner of Public Works,
approving proposed construction on state or county rights-of-way,
respectively.
