[Adopted 5-7-1964 by the Planning Board; approved 1-7-1965 by the Town
Board]
This article shall be known as the "Land Subdivision
Regulations of the Town of Mamakating, New York."
The purpose of these regulations shall be to
provide rules, standards and procedures for the subdivision of land
in the Town of Mamakating, New York, in order to promote the public
health, safety, convenience and general welfare of the municipality.
It shall be administered to ensure orderly growth and development,
the conservation, protection and proper use of land and adequate provisions
for circulation, utilities and service.
For the purpose of these regulations, certain
words herein are defined as follows:
A parcel or portion of land separated from other parcels
or portions for the purpose of sale, lease or separate use by means
of a description as indicated by a subdivision plat, a recorded map
or by metes and bounds.
A transfer of property between two adjoining landowners where the property to be transferred has less than the minimum lot area for building purposes, as required under the Chapter 199, Zoning, and no new separate lots are created; the Planning Board may waive the requirements for subdivision approval (see § 166-14).
[Added 5-5-2009 by L.L. No. 2-2009]
A composite of the mapped and written proposals as provided
for in § 272-a of the Town Law recommending the physical
development of the community which shall have been duly adopted in
part or whole by the Board.
The map established by the Town Board under § 270
of the Town Law showing streets, highways and parks theretofore laid
out, adopted and established by law and any amendments thereto adopted
by the Town Board or additions thereto resulting from approval of
subdivision plats by the Planning Board and the subsequent filing
of such approved plats.
A security which may be accepted by the municipality in lieu
of a requirement that certain improvements be made before the Board
gives final approval to a subdivision plat. Such security shall be
sufficient to cover the full cost of all incomplete improvements in
the subdivision as estimated by the Board or agency designated by
the Board. Securities shall include such collateral or agreements
acceptable to the Town Board or a bond issued by a surety company
and to run for a term not to exceed three years; provided, however,
that the term may be extended by the Board with the consent of the
parties thereto.
The drawing of all or part of the subdivider's plan as presented
to the Board for final approval which, if approved, shall be filed
for record with the County Clerk.
The drawing of the entire tract which in part or in entirety
is proposed to be subdivided and submitted to the Board for its consideration
for approval.
[Amended 10-4-1990 by L.L. No. 7-1990]
A privately owned strip of land of less width than the lot
depth permitted by the applicable regulations, bounded on one side
by a proposed street and on the other by the boundary of a subdivision
containing said proposed street.
The first draft of the subdivision plat, prepared to enable
the subdivider to save time and expense in reaching general agreement
with the Board as to the arrangement of the plat and the objectives
of these regulations.
[Amended 10-4-1990 by L.L. No. 7-1990; 6-6-1991 by L.L. No.
3-1991]
A way for vehicular traffic, whether designated as a street,
highway, parkway, throughway, road, avenue, boulevard, lane, place
or however else designated. The term "street" includes the land between
the street right-of-way lines, whether improved or unimproved, and
may comprise pavement, shoulders, gutters, sidewalks, planted strips,
parking areas and other areas within such street lines.
STREET, ARTERIAL- Those streets which carry or are intended to carry fast or heavy volumes of traffic.
STREET, COLLECTOR- Those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of large residential developments.
STREET, MINOR- Those streets which are used primarily for access to abutting properties.
STREET, MARGINAL- Those streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
Any person, firm, association, syndicate, partnership, corporation,
fiduciary, trust or any other legal entity seeking a subdivision of
land hereunder as owner or as agent for the owner of land affected
by a subdivision.
The division of any parcel of land into two or more lots,
plots, sites or other divisions of land for immediate or future sale
or for building development.
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 in such proposed subdivision shall commence or any grading,
clearing, construction or other improvements undertaken therein, the
subdivider or his duly authorized agent shall apply for approval of
such proposed subdivision in accordance with the procedure stated
herein.
A.
Preapplication approval.
(1)
Prior to the filing of an application for approval of a preliminary plat, the applicant shall appear before the Planning Board with a sketch plan of the proposed land subdivision as specified in § 166-5 of these regulations. Such meeting is to acquaint the applicant with the objectives of the Subdivision Regulations and thus avoid undue loss of time and effort in the preparation and processing of the subdivision plat.
[Amended 10-4-1990 by L.L. No. 7-1990]
(2)
Where a tract of land is to be subdivided into not
more than three lots in any one year, the Board may, at its discretion,
grant final approval after the preapplication procedure has been completed.
B.
Preliminary plat approval.
[Amended 10-4-1990 by L.L. No. 7-1990]
(2)
Two copies of the preliminary plat and such other
material as may be required shall be submitted to the Secretary of
the Planning Board at least 14 days prior to the meeting at which
it is to be considered.
(3)
The Planning Board shall, within 45 days, hold a hearing
on the preliminary plat and notify the applicant, in writing, of such
hearing. Within 45 days of the hearing, the Planning Board shall act
on the preliminary plat and shall notify the applicant whether it
approves the same and, if not, the specific changes that it will require
or the conditions it may impose before preliminary approval is granted.
(4)
The action of the Planning Board shall be noted on
two copies of the preliminary plat, and such other conditions as the
Board may require shall be attached thereon. One copy shall be returned
to the applicant and the other retained by the Planning Board.
(5)
Approval of the preliminary plat does not constitute
approval of the final plat. Rather, it shall be deemed an expression
of approval of the proposal submitted on the preliminary plat as a
guide to the preparation of the final plat which will be submitted
for approval of the Board and for recording upon fulfillment of the
requirements of these regulations.
(6)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 160 and § 199-44 shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 199-44. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 160 and § 199-44.
[Added 12-18-2007 by L.L. No. 3-2007]
C.
Final plat approval.
(1)
The final plat shall conform substantially to the
approved preliminary plat, and, if desired by the applicant, it may
constitute only that portion of the approved preliminary plat which
is proposed to be developed at this time, provided that such portion
meets all the requirements of these regulations and such statutory
requirements as may be applicable.
[Amended 10-4-1990 by L.L. No. 7-1990]
(2)
Within six months of the date of preliminary plat
approval, the applicant shall:
(a)
Obtain approval, where required, of the New
York State Department of Health.
(b)
Submit to the Secretary of the Planning Board, at least 14 days prior to the meeting at which it is to be considered, the original drawing on linen and two copies of the final plat and other documents as specified in § 166-5.
(c)
Submit offers of cession of public roads or
lands to the Town Board.
(3)
Within 45 days of submission of the final plat, a
public hearing shall be held by the Planning Board; provided, however,
that if the Planning Board deems that the final plat is in substantial
compliance with the preliminary plat, the Planning Board may waive
the second hearing pursuant to § 276, Subdivision 4, of
the Town Law. Not less than five days prior to the hearing, notice
of the same shall be placed in the official newspaper of the town,
and a copy of the final plat and hearing notice shall be posted in
the Town Hall for public inspection.
[Amended 10-4-1990 by L.L. No. 7-1990]
(4)
Within 45 days from the date of the public hearing
on the final plat, the Board shall act to accept, amend or reject
such final plat and shall advise the subdivider of the results of
this action and the reasons therefor. No approval shall be deemed
final unless the subdivider has completed all the improvements in
said final plat and complied with all other requirements of the Board
in regard thereto or, in lieu therefor, has furnished the Town with
a performance bond as provided in these regulations.
(5)
The Board shall note such approval on the original
cloth map of the final plat and return the same to the subdivider.
(6)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 160 and § 199-44 and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 199-44. The approved final subdivision plat shall be consistent with the provisions of Chapter 160 and § 199-44.
[Added 12-18-2007 by L.L. No. 3-2007]
D.
Filing the final plat.
(1)
Upon completion of the above requirements and notation
to that effect on the final plat by the Planning Board, it shall be
filed by the applicant in the office of the County Clerk in compliance
with § 276 of the Town Law. Any subdivision not so recorded
within 60 days of the date of final plat approval or such extension
date as may be provided by the Planning Board shall become null and
void.
[Amended 10-4-1990 by L.L. No. 7-1990]
(2)
No changes, modifications or erasures shall be made
on any plat after final approval has been granted by the Planning
Board and endorsed, in writing, on the plat unless said plat is first
resubmitted to the Board. In the event that such a plat is recorded
without complying with this requirement, the same shall be considered
null and void, and the Board shall institute proceedings to have the
plat stricken from the records of the County Clerk.
E.
Sale of lots or construction of buildings prior to
final plat approval. A building permit may be issued and construction
may commence for one or more buildings prior to final plat approval
only upon written authorization by the Planning Board specifying the
lot or lots to which it is applicable after preliminary approval has
been granted by the Board and provided that the New York State Department
of Health, where required, has approved the subdivision. In no case
shall such buildings be occupied prior to final plat approval and
recording with the County Clerk as provided in these regulations.
The following data shall be submitted by the
applicant:
A.
For preapplication approval:
(1)
Sufficient information to outline present site conditions
such as topographic data, available water and sewage facilities and
existing covenants, if any.
(2)
A sketch of the proposed layout, showing lots, streets,
water and sewage services to be provided, parkland reservations, street
improvements and proposed covenants.
(3)
A location map 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, as well as the North point, scale and date.
B.
For preliminary plat approval:
[Amended 10-4-1990 by L.L. No. 7-1990]
(1)
The preliminary plat shall consist of one or more
maps or drawings, with all dimensions shown in feet or decimals thereof
and drawn to a scale of not more than 100 feet to the inch, showing
or accompanied by the following information:
(a)
The proposed subdivision name and the name of
the Town and county.
(b)
The names and addresses of the record owner,
subdivider and designer of the preliminary plat.
(c)
The number of acres within the proposed subdivision,
location of property lines, existing buildings, watercourses, special
district boundaries and other essential features.
(d)
The names of all subdivisions immediately adjacent
or the names of owners of adjacent property.
(e)
The location of any existing sewage disposal
systems and locations and size of water mains, culverts and drains
on and immediately adjacent to the property, with pipe sizes, grades
and direction of flow.
(f)
The location, names and present widths of existing
and proposed streets, highways, easements, building setback lines,
alleys, parks and other proposed public open spaces and similar facts
regarding adjacent property.
(h)
The width and location of any streets or other
public ways or places shown upon the Official Map and 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.
(i)
Contour lines at intervals of 10 feet, based
on United States Geological Survey datum of existing grades and the
proposed finished grades. Such contour lines shall be shown at intervals
of less than 10 feet where required by the State Department of Health.
(j)
Typical cross sections of the proposed grading,
roadways, sidewalks and unusual topographic conditions.
(k)
The date, North point and scale.
(l)
The metes and bounds description and map of
survey or tract boundary made and certified by a licensed land surveyor.
(m)
Connection with an existing water supply or
alternative means of providing water supply to the proposed subdivision.
(n)
Where a sanitary sewage system is unavailable,
the alternative means of treatment and disposal of sewage proposed
as provided by the Public Health Law, 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.
(o)
The boundaries of any permanent easements over
or under any part of the proposed subdivision not within the streets
or other proposed public ways, which easement shall be not less than
10 feet in width and shall provide satisfactory access to an existing
public highway or other proposed public open space shown upon the
preliminary layout or upon the Official Map, if any.
(p)
Provisions for collecting and discharging storm
drainage in the form of a drainage plan.
(q)
Preliminary designs of any bridges or culverts
which may be required.
(r)
The proposed lot lines, with approximate dimensions
and suggested locations of buildings.
(s)
The proposed location and type of sidewalks,
streetlighting standards and species of street trees, the location
of curbs, gutters, water mains and typical sewage disposal systems
and the sizes and types thereof, the character, width and depth of
pavement and subbase or other street improvement and the location
of manholes and basins and underground conduits.
(t)
All parcels of land proposed to be dedicated
to public use and the conditions of such dedication.
(u)
The location of all isolated trees over one
foot in diameter four feet above ground level and the delineation
of wooded areas and other significant site features.
(2)
The Planning Board may require the location of temporary
markers adequate to enable the Board to locate readily and appraise
the basic layout in the field. 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.
C.
For final plat approval. The final plat shall be drawn
in ink on tracing cloth on sheets 20 inches by 20 inches or 20 inches
by 40 inches and shall be at a scale of 100 feet to one inch or larger.
Where necessary, the plat may be on several sheets accompanied by
an index sheet showing the entire subdivision. Space shall be reserved
on each sheet for endorsement by the Board and the State Department
of Health, where required. The final plat shall conform in all respects
to the preliminary plat as approved by the Board showing or accompanied
by the following information:
[Amended 10-4-1990 by L.L. No. 7-1990]
(1)
The proposed subdivision name and the name of the
Town and county.
(2)
The name and address of the record owner and subdivider.
(3)
Certification of title showing the applicant is owner.
(4)
Certification by a licensed surveyor or engineer certifying
to the accuracy of the survey and plat.
(5)
The boundaries of the subdivision and its general
location in relation to existing streets.
(6)
Graphic scale, date and North point.
(7)
Street names and lines, pedestrianways, lots, reservations,
easements and areas to be dedicated to public use.
(8)
Sufficient data acceptable to the Engineer for the
Town to determine readily the location, bearing and length of every
street line, lot line and 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.
(9)
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.
(10)
By proper designation on such plat of all proposed
public open space for which offers of cession are made by the subdivider
and those spaces for which title is reserved by him.
(11)
Lots within the subdivision, numbered in numerical
order within blocks, and blocks, lettered in alphabetical order, with
all lot areas given in square feet.
(12)
The minimum building setback line on all lots.
(13)
The location and description of monuments.
(14)
The names of record owners of adjoining lands.
(15)
Reference to recorded subdivision plats of adjoining
platted land by record name, date and number.
(16)
Cross sections and profiles of all existing
and proposed streets in the subdivision showing grades approved by
the Engineer for the town. The profiles shall be drawn to standard
scales and elevations and shall be based on a datum plane approved
by the Engineer for the town.
(17)
Plans and profiles showing the exact location,
size and invert elevations of existing and proposed water mains, sanitary
sewers and stormwater drains; profiles of all utility lines at points
of interference; and the location of fire hydrants, gaslines and other
underground utilities or structures.
(18)
Grading plan showing present and proposed contours at two-foot intervals, referred to the same datum as Subsection C(16) above.
(19)
Detailed plans for bridges, culverts or similar
structures.
(20)
The location of all proposed buildings, if required
by the Board.
(21)
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.
(22)
Written offers of cession 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.
(23)
A certificate by the Engineer for the Town 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 Board granting approval of the preliminary plat.
(b)
A bond or certified check has been posted available
to the municipality in sufficient amount to assure completion of all
required improvements.
(24)
Protective covenants in form for recording.
(25)
Other data, such as certificates, affidavits,
endorsements or deductions, as may be required by the Board in the
enforcement of these regulations.
The subdivider shall observe the following requirements
and principles of land subdivision in the design of each subdivision
or portion thereof:
A.
General.
(1)
In acting upon plats, the Planning Board shall require,
among other conditions in the public interest, that the tract shall
be adequately drained and the streets shall be of sufficient width
and suitable grade and suitably located to accommodate the prospective
traffic, to provide access for fire-fighting equipment to buildings
and to be coordinated so as to compose a convenient system, conforming
to the Official Map or Master Plan or, if there is no Official Map
or Master Plan, relating properly to the existing street system.
(2)
The Planning Board shall further require that all
lots shown on the plats shall be adaptable for the intended purposes
without danger to health or peril from flood, fire, erosion or other
menace. Required improvements shall be designed and constructed to
conform to the specifications as established by the Town Board.
B.
Streets.
(1)
The arrangements of streets not shown on the Master
Plan or Official Map shall be to provide for the logical extension
of existing streets and to provide for future access for remaining
land areas.
(2)
Minor streets shall be designed to discourage through
traffic.
(3)
Where a subdivision abuts or contains an existing
or proposed arterial street, the Board may require a marginal access
street, 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.
(4)
The minimum right-of-way width shall be measured from
lot line to lot line and shall be in accordance with the following
schedules:
(a)
Collector streets: 60 feet.
(b)
Minor and marginal streets: 50 feet.
(c)
The right-of-way width for internal roads and
alleys in multifamily, commercial and industrial developments shall
be determined on an individual basis and shall in all cases be of
sufficient width and design to accommodate safely the maximum anticipated
traffic, parking and loading needs.
(5)
No subdivision showing reserve strips controlling
access to streets shall be approved.
(6)
Subdivisions that adjoin or include existing streets
that do not conform to street widths as shown on the Master Plan or
Official Map or that do not conform to the street width requirements
of this article shall dedicate additional width along either one or
both sides of such streets of substandard width. If the subdivision
is along one side only, 1/2 of the required width shall be dedicated.
(7)
Grades of arterial and collector streets shall not
exceed 10%. Grades on other streets shall not exceed 12%. However,
the Planning Board shall have the right to require grades of less
than 12% where special conditions are set forth, in writing, upon
the minutes of the Board. No street shall have a grade of less than
1/2 of 1%.
(8)
Street intersections shall be as nearly at right angles
as circumstances will allow and in no case shall be less than 60°.
The block corners at intersections shall be round at the curbline
with a curve having a radius of not less than 20 feet.
(9)
A street intersection shall not be less than 125 feet
removed from the nearest street intersection.
(10)
The center line of a street shall cross an intersecting
street as a straight line.
(11)
A tangent of at least 100 feet long shall be
introduced between reverse curves on arterial and collector streets.
(12)
When connecting street lines deflect from each
other at any one point by more than 10°, they shall be connected
by a curve with a center line radius of not less than 100 feet for
minor streets and 300 feet for arterial and collector streets.
(13)
All changes in grade shall be connected by vertical
curves of sufficient length to provide a smooth transition and sight
distance.
(14)
Dead-end streets (culs-de-sac). A dead-end street
designed to be so permanently shall terminate in a circular turnaround
having a minimum right-of-way radius of 60 feet and pavement radius
of 50 feet. Whenever possible, the turnaround shall be tangent to
the right side of the street as one approaches the turnaround. A dead-end
street with a circular turnaround is hereinafter referred to as a
"cul-de-sac."
[Amended 9-9-2003 by L.L. No. 9-2003]
(a)
Measurement. The length of the cul-de-sac shall
be measured along the center line of the cul-de-sac street, from the
right-of-way line of the intersecting through street to the extreme
dead end of the right-of-way line at the turnaround.
(b)
Maximum length. The length of the cul-de-sac
shall not exceed eight times the minimum lot width requirement for
the intended use and zoning district in which the proposed lots are
located, or 1,500 feet, whichever is less.
(c)
Multiple culs-de-sac. Multiple culs-de-sac are permitted upon review and approval by the Planning Board. The aggregate length (sum total road length) shall comply with the standards contained in Subsection B(14)(b) above.
(d)
Temporary dead ends. If a dead-end street is
of a temporary nature, a turnaround shall be provided in accordance
with the standards for permanent turnarounds. Provision shall be made
for the future extension of the street and the reversion of the excess
right-of-way to abutting property owners. Removal of the temporary
turnaround and installation of permanent improvements, including but
not limited to pavement, sidewalks, curbs, topsoil, shade trees, driveway
aprons, etc., shall be at the developer's sole expense. The Town,
at its discretion, may require a bond for any costs associated with
the future road extension.
(15)
No street shall have a name which duplicates
the name of an existing street or is so similar to the name of an
existing street as to be easily confused with it. The continuation
of an existing street shall have the same name.
(16)
Streets shall be graded and improved with pavements
in accordance with the minimum Road Specifications of the Town of
Mamakating, New York, as amended.[1] The Board may require curbs, sidewalks, streetlighting
standards, street trees and fire alarm signal devices as it deems
necessary to protect the safety and general welfare of the town.
(17)
The approval by the Board of a subdivision plat
showing new streets shall not be deemed to constitute or be evidence
of an acceptance by the Town of any such streets.
C.
Blocks. Block length and width or acreage within bounding
roads shall be such as to accommodate the size of the lot required
in the area by the Zoning Ordinance, if any,[2] and to provide for convenient access, circulation control
and safety of street traffic.
D.
Lots.
(1)
All lots created by subdivision shall conform to the
requirements of the Zoning Ordinance, if any, as to area and dimensions.
(2)
Side lot lines shall be substantially at right angles
or radial to street lines.
(3)
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line, and
all setbacks shall be measured from such line.
(4)
The subdividing of land shall be such as to provide,
by means of a public street, each lot with satisfactory access to
an existing public street.
(5)
Corner lots shall have extra width to permit appropriate
building setback from both streets.
(6)
Lots should not be of such depth as to encourage the
later creation of a second building lot at the front or rear, and
excessive depth in relation to the width shall be avoided. A proportion
of 21/2 to one will normally be considered ideal.
[Amended 10-4-1990 by L.L. No. 7-1990; 6-6-1991 by L.L. No.
3-1991]
E.
Parkland and other open space.
(1)
Where deemed essential by the Board upon consideration
of the particular type of development proposed or where indicated
by the Master Plan, the Board may require the dedication of sites
of a character, extent and location for the need created by such development
for parks or playgrounds. In no case shall the Board require that
more than 10% of the gross area of the subdivision be so dedicated.
Open spaces of a lesser area may be approved where the difference
may be made up in conjunction with the future subdivision of adjacent
land. This subsection shall apply only to subdivisions having a total
acreage of 30 acres or larger.
(2)
The Board may require the preservation of any natural
feature of site which adds value to the residential development or
to the community, such as large trees, woods, watercourses, historic
spots, vistas and similar irreplaceable natural or historic assets.
(3)
When a park, natural or historic feature or open space
shall have been required on a subdivision plat, the approval of said
plat shall not constitute an acceptance by the Town of such an area.
The Board may require the plat to be endorsed to this effect or require
the filing of a written agreement between the applicant and the Town
Board covering future title, dedication and provision for the cost
of improving and maintenance.
F.
Drainage improvements.
(1)
The subdivider may be required by the Board to carry
away by pipe or open ditch any watercourse or surface water that may
exist either previous to or as a result of the subdivision. Such drainage
facilities shall be located in the street rights-of-way, where feasible,
or in perpetually unobstructed easements of appropriate widths.
(2)
A culvert or other drainage facility shall, in each
case, be of adequate size to accommodate the potential runoff from
the entire upstream drainage area, whether inside or outside the subdivision
area. The Engineer for the Town shall approve the design and size
of this facility based on anticipated runoff.
(3)
The subdivider's engineer shall study the effect of
each subdivision on existing downstream drainage facilities outside
the area of the subdivision, this study to be subject to review of
the Engineer for the town. Where it is anticipated that the additional
runoff incident to the development of the subdivision will overload
the existing downstream drainage facility, the Board shall notify
the Town Board of such potential condition. In such case, the Board
shall not approve the subdivision until provision has been made for
the improvement of such potential condition.
(4)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially to the
lines of such watercourse and such further width or construction,
or both, as the Board may deem adequate for the purpose.
G.
Water and sewerage facilities.
(1)
The proposed subdivision plat shall be properly endorsed
and approved by the New York State Department of Health. Such endorsement
and approval shall be secured by the subdivider after approval of
the preliminary plat by the Board.
[Amended 10-4-1990 by L.L. No. 7-1990]
(2)
Department of Health approval shall constitute only
the minimum requirement necessary, and, where considered essential
by the Board, a public sanitary and/or water system may be required
for all subdivision plats containing 50 or more lots.
(4)
Water and sewer mains to be maintained by the Town
shall be located in the street rights-of-way or in perpetually unobstructed
easements of a width adequate for servicing.
H.
Solar access. Buildings depicted on a subdivision plat shall be located
to take advantage of solar access, including orientation of proposed
buildings with respect to the proposed street layout, sun angles,
and the potential shading by existing and proposed vegetation on and
off site, and to not detrimentally impact solar access of adjoining
buildings and property.
[Added 11-1-2016 by L.L.
No. 3-2016]
A.
If at any time before or during the construction of
the required improvements it is demonstrated to the satisfaction of
the Planning Board that unforeseen conditions make it necessary to
modify the location or design of such improvements, the Board may
authorize such modifications upon written request of the subdivider,
provided that such modifications are within the spirit and intent
of the Board's approval and the purpose of these regulations. Copies
of the authorized modification shall be made part of the official
record of the Board.
B.
The construction of all required improvements shall
be supervised by a registered professional engineer employed by the
subdivider who, after completion of construction, shall certify to
the Board that all required improvements have been constructed as
required and approved by the Board or as modified by the Board.
C.
The Zoning Enforcement Officer or other duly designated
official shall inspect required improvements during construction to
assure their satisfactory completion, and the Board shall require
a certificate from such official stating that all required improvements
have been satisfactorily completed.
D.
If the enforcement officer or other duly designated
official shall find, upon inspection, that any of the required improvements
have not been constructed in accordance with the plans and specifications
filed by the subdivider, the subdivider and/or the bonding company
will be severally and jointly liable for the costs of completing said
improvements according to specifications. No plat which may be an
extension or section of a previously recorded plat and no new plat,
regardless of location, shall be approved by the Board if the subdivider
has not fully complied with the construction of all the required improvements
in a previously recorded plat submitted by him for approval.
E.
If the enforcement officer or other duly designated
official does not carry out inspection of required improvements during
construction, the subdivider or the bonding company shall not in any
way be relieved of their responsibilities.
A.
Prior to final approval of the subdivision plat by
the Planning Board and in lieu of completion of all or certain required
improvements, the subdivider shall file with the Board a performance
bond or certified check to cover the full cost of the required improvements
in an amount set by the Board. Such bond shall comply with the requirements
of § 277 of Town Law and shall be satisfactory to the Attorney
for the Town as to form, manner of execution and surety. A period
not to exceed three years, within which required improvements must
be completed, shall be set forth in the bond. The Town Board shall
release the bond upon certification of the Engineer for the Town and
Attorney for the Town that all requirements of the bond have been
satisfied.
B.
The subdivider shall complete all required improvements
or post the required performance bond, either or both to the satisfaction
of the Town Board, before any building permits will be issued.
C.
In either case, the subdivider shall file with the
Town Board a bond in an amount to be determined by the Engineer for
the Town to be adequate to assure the satisfactory condition of the
initial improvements for a period of one year following their completion
and acceptance by the Town Board. Such bond shall be satisfactory
to the Town Attorney as to form, manner of execution and surety.
A.
Where the Board finds that extraordinary hardships
may result from strict compliance with these regulations, it may vary
the regulations so that substantial justice may be done and the public
interest secured, provided that such variation will not have the effect
of nullifying the intent and purpose of the Master Plan, Zoning Ordinance,[1] Official Map or these regulations.
B.
On granting variances and modifications, the Board
may require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so varied or modified.
[Amended 9-12-1974]
A.
Subdivisions generally.
(1)
At the time of filing of application for preliminary
approval of a subdivision plat or planned unit development, the applicant
shall pay to the Planning Board, by certified check, the fees as set
forth in the most current fee schedule of the town. Said fees shall
be applied to the cost of the Town of Mamakating of review of plans
by the Engineer for the Town and publication, clerical and reimbursable
expenses in connection with the processing of the application.
[Amended 10-4-1990 by L.L. No. 7-1990]
(2)
In addition thereto and at the same time, the applicant
shall also file with the Planning Board a surety bond or irrevocable
letter of credit in the sum of $7,500, which bond or irrevocable letter
of credit shall be approved by the Attorney for the Town and the Town
Board as to form and sufficiency, conditioned for the payment by way
of reimbursement by the applicant to the Town of Mamakating for any
engineering, legal and other expenses which may be incurred by the
Town in connection with preparation for and appearances at any Department
of Environmental Conservation hearings or other hearings which may
be held by governmental agencies in the course of processing such
application.
(3)
No application for preliminary approval shall be filed
with or received by the Planning Board unless such fees and bond or
letter of credit are filed simultaneously with the application.
(4)
The proposed bond or letter of credit shall be presented
to and be approved by the Attorney for the Town and the Town Board
as to form and sufficiency prior to filing with the Planning Board,
and, upon being approved, such approvals shall be endorsed on the
face of the bond or letter of credit by such Attorney for the Town
and the Town Board by either the Supervisor or Town Clerk.
B.
Small subdivisions.
[Amended 10-4-1990 by L.L. No. 7-1990]
(1)
Definition. A small subdivision is a subdivision of land as defined in § 166-3 of this article which consists of four or fewer lots, plots, sites or other divisions of land for immediate or future sale or for building development.
(2)
Fees and cost bonds.
(a)
At the time of filing of application for preliminary
approval of a small subdivision as defined above, the applicant shall
pay to the Planning Board, by certified check, the sum set forth in
the current fee schedule of the town. Said fees shall be applied to
the cost of the Town of Mamakating of review of plans, publication,
clerical and reimbursable expenses in connection with the processing
of the application.
