Town of Warwick, NY Article III Procedure in Filing Subdivision Applications

§ 137-6 Compliance required.

A. Full compliance with the provisions of Article 16 of the Town Law, with applicable provisions of the Public Health Law and with this chapter concerning the preparation of a subdivider's sketch plan, preliminary plat, vicinity map and subdivision plat, except where variations of these regulations may be expressly authorized by the Planning Board, is necessary for the information of the Board and of the public at public hearing(s) as provided in this section. [NOTE: See also the Environmental Conservation Law.] Due care in the preparation of the maps and other information called for will expedite the process of obtaining the Board's decision.

B. In order to avoid violation of § 334 of the Real Property Law and § 136 of the Highway Law, when any subdivision of land is proposed and before any contract for the sale of land or any offer to sell such subdivision or any part thereof is made or any grading, clearing, construction or other improvement is undertaken therein, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedures.

§ 137-7 Sketch plan.

A. Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board, at least 21 days prior to the regular meeting of the Board, a fee as determined in § 137-15, together with 15 copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 137-26, for the purposes of classification and preliminary discussion.

[Amended 5-14-1987 by Ord. No. 87-1; 6-12-2003 by L.L. No. 3-2003]

B. Discussion of requirements and classification.

(1) The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.

(2) Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 137-8. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 137-9 through 137-13.

(3) The Planning Board may require a deed restriction limiting the resubdivision of any parcel of land large enough to be legally subdivided or resubdivided under the provisions of the Zoning Ordinance.[1] The intent of the deed restriction will be as follows:

(a) No more than a total of four lots may be created either simultaneously or sequentially from a parent parcel under classification as a minor subdivision. Should more than that total number of lots be applied for at any time in the future, the applicant will have to include all the information required of a major subdivision for the previously subdivided lots as well as for the lots under consideration in the application.

(b) No more than a total of 49 lots may be created either simultaneously or sequentially from a parent parcel for which both central sewer and water services do not exist. (NOTE: See requirements of § 137-25) Should more than that total number of lots at any time be applied for, the applicant will have to include a plan for providing central sewer and water services to the previously subdivided lots at no additional costs to their present owners as part of his present application for subdivision.

[Amended 2-5-2009 by L.L. No. 1-2009]

[1] Editor's Note: See Ch. 164, Zoning.

C. Study of sketch plan. The Planning Board shall within 30 days determine whether the sketch plan meets the purposes of these regulations and shall, where the Board deems it necessary, make specific recommendations in writing to be incorporated by the applicant in the next submission.

D. Optional processing through Town Planner. At the option of the applicant, an appointment with the Town Planner may be substituted for the meeting with the Planning Board for the purposes of presentation of sketch plan, discussion of requirements and classification. If, following such a meeting with the Town Planner, the applicant is dissatisfied with the requirements as outlined and/or the classification made by the Town Planner, the applicant may still, without prejudice, appear before the Planning Board at its next regular meeting, or as soon thereafter as possible, for purposes of sketch plan submission and classification. The Planning Board shall be fully and promptly informed of the nature of each application being processed for sketch plan submission through the Town Planner by means of the same documentation submitted to it as for the normal classification procedure. By indication of any member of the Planning Board, within two weeks of receipt of data, that he wishes to reserve sketch plan classification of a particular submission to the Planning Board itself, an appointment shall be scheduled for an appearance of the applicant at a regular meeting of the Planning Board, at which time classification by the Planning Board shall be substituted for that of the Town Planner, if different. The Town Planner may reserve the right to refer any application directly to the Planning Board for classification.

§ 137-8 Approval of minor subdivisions.

A. Application and fee. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article V, § 137-27. All applications for plat approval for minor subdivisions shall be accompanied by a fee as determined in § 137-15.

[Amended 1-24-1985; 5-14-1987 by Ord. No. 87-1]

B. Number of copies. Fifteen copies of the subdivision plat shall be presented to the Secretary of the Planning Board at least 21 days prior to a scheduled regular meeting of the Planning Board.

[Amended 6-12-2003 by L.L. No. 3-2003]

C. Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the subdivision plat.

D. When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 21 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 137-27, shall have been filed with the Secretary of the Planning Board.

[Amended 6-12-2003 by L.L. No. 3-2003]

E. Endorsement of state and county agencies. If the site lies within 500 feet of a county or state road, copies of the submission shall be forwarded to the Orange County Department of Public Works and/or the Regional Office of the New York State Department of Transportation in time for their comments to be returned and read into the minutes of the public hearing. If the site lies within 500 feet of a county or state road, drainage easement, institution or park or within 500 feet of a municipal boundary, a copy of the submission shall be forwarded to the Orange County Department of Planning in time for its comments to be returned and read into the minutes of the public hearing.

F. Public hearing. A public hearing shall be held by the Planning Board on all plats submitted in final form; such hearing is to be held within 45 days of the plat submission to the Planning Board. The hearing must be advertised at least once in a newspaper of general circulation in the Town at least five days prior to the hearing and by posting notice thereof by mail to the owners of property within 300 feet of the proposed subdivision and to any other persons whom the Board may deem to be particularly affected; said advertisement of public hearing is to be placed by the Secretary of the Planning Board, and the notification of adjacent landowners is to be made by the applicant.

G. Action on subdivision plat. The Planning Board shall, within 45 days from the date of the public hearing, approve, conditionally approve with or without modification or disapprove the final plat. This time may be extended upon mutual consent of the subdivider and the Planning Board. When conditionally approving a plat with or without modifications, the Planning Board must state in writing the modifications, if any, it deems necessary before the signing of the plat in final form will be authorized. The Board shall specify in writing its reasons for any such disapproval. In the event that the hearing is not held or if the Board fails to disapprove the minor subdivision plat within the 45 days prescribed above, the plan shall be deemed approved.

H. Filing. Upon approval, the final plat shall be properly signed by the duly authorized person or persons and shall be filed by the applicant in the office of the County Clerk. Any minor subdivision plat not so filed or recorded within 60 days of the date upon which such plat is approved, or considered approved by reason of the failure of the Planning Board to act, shall become null and void. Within 30 days of the date of filing, the applicant shall submit one copy of the final plat showing the endorsement of the County Clerk to the Board's Secretary.

I. Extension. Notwithstanding the foregoing provisions of this section, the Planning Board may extend the time for filing and recording such plat, if in its opinion such extension is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each. Should these time periods elapse, the plat shall be deemed null and void.

§ 137-9 Preliminary plat for major subdivision.

A. Application and fee.

(1) Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision in the form described in Article V, § 137-28 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of § 137-28 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and Article V, § 137-28, of this chapter, except where a waiver may be specifically authorized by the Planning Board.

(2) The filing fee shall be as determined in § 137-15.

[Amended 1-24-1985; 5-14-1987 by Ord. No. 87-1]

B. Purpose.

(1) The preliminary layout and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board, and later one copy shall become the official record of the Municipal Clerk. On the basis of the general design of the subdivision and its public improvements, the Planning Board will indicate its approval or disapproval of the subdivision prior to the time that the final plat, including the design and detailing of the public improvements and utilities, is completed. Approval of the preliminary layout does not constitute an approval of the final plat, nor should it be considered a valid basis for the construction of site improvements or for other commitments which depend upon preliminary design characteristics.

(2) When revision of the proposed subdivision is required, the preliminary layout shall be revised accordingly so that the files of the Planning Board and other municipal officials will be kept current.

(3) The preliminary layout shall serve as a key map to subdivisions subsequently laid out in sections on final plats.

C. Number of copies. The application for approval of the preliminary plat, complete with 15 copies of the preliminary plat and accompanied by the required fee and all data required by Article V, § 137-28, shall be filed with the Secretary of the Planning Board. A proposed submission which does not include all the required drawings and documents will not be accepted for filing.

D. Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.

E. Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Master Plan, the Official Map and zoning regulations.[1]

[1] Editor's Note: See Ch. 164, Zoning.

F. Endorsement of state and county agencies. If the site lies within 500 feet of a county or state road, copies of the preliminary submission shall be forwarded to the Orange County Department of Public Works and/or the Regional Office of the New York State Department of Transportation in time for their comments to be returned and read into the minutes of the public hearing. If the site lies within 500 feet of an existing or a proposed county or state road, drainage easement, institution or park or within 500 feet of a municipal boundary, a copy of the preliminary submission shall be forwarded to the Orange County Department of Planning not less than 10 days prior to a hearing so that its comments may be returned and read into the minutes of the public hearing.

G. Referral. If the preliminary plat for subdivision of land occurs within 500 feet of the municipal boundary, a copy of the preliminary plat shall be sent by the Planning Board Secretary to the appropriate municipal official of the adjoining community, inquiring whether the proposed subdivision is in reasonable harmony with its Master Plan. Any written communication will be considered if received prior to the public hearing date on the preliminary plat.

H. Preliminary public hearing. The Planning Board must hold a public hearing within 45 days after the receipt of such plat by the Planning Board. The hearing must be advertised at least once in a newspaper of general circulation in the Town at least five days before it is held by posting notice thereof by mail to the owners of property within 300 feet of the proposed subdivision and to any other persons whom the Board may deem to be particularly affected, said advertisement of public hearing to be placed by the Secretary of the Planning Board and the notification of adjacent landowners to be made by the applicant.

I. Approval of the preliminary plat.

(1) The Planning Board shall take action within 45 days after the hearing required on such plats to approve, with or without modifications, or disapprove the preliminary plat. This time may be extended upon mutual consent of the subdivider and the Planning Board. When approving a preliminary plat, the Planning Board must state in writing the modifications, if any, it deems necessary for submission of the plat in final form with respect to:

(a) The specific changes which it will require in the preliminary plat.

(b) The character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals and general welfare.

(c) The categories of improvements or the amount of all bonds therefor which it will require as a prerequisite to the approval of the subdivision plat.

(2) The action of the Planning Board plus any conditions attached thereto shall be noted on three copies of the preliminary plat. Within five days of the approval of the preliminary plat, one certified copy shall be returned to the subdivider and one retained by the Planning Board. Approval of the preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the subdivision plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations and the conditions of the approval of the preliminary plat, if any. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing. In the event the Planning Board fails to act on a preliminary plat within the time noted, the plat shall be deemed granted preliminary approval, and the certificate of the Town Clerk as to the date of submission and the failure of the Planning Board to act on the plat must be issued on demand; this certificate is sufficient in lieu of any other evidence of approval of the preliminary plat.

J. Expiration of approval. Planning Board approval of a preliminary layout submission shall expire six months after the date of such formal action. No Planning Board action will be taken after such expiration until a new application and filing fee are submitted. An extension for a six-month period of time may be given in cases of hardship upon petition to the Planning Board. Such extension shall be granted only if the proposed subdivision fully conforms to the zoning regulations in effect at the time such extension is applied for.

§ 137-10 Final plat for major subdivision.

A. Application for approval and fee. The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of all or part of the subdivision plat in final form, using the approved application blank available from the Secretary of the Planning Board. At the time the subdivider files said application, it shall be accompanied by a fee as determined in § 137-15. If the final plat is not submitted within six months after the approval of the preliminary plat; the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat; however, a six-month extension of this time limitation may be granted in cases of hardship upon petition to the Planning Board. Such extension shall be granted only if the proposed subdivision fully conforms to the zoning regulations in effect at the time such extension is applied for or any zoning amendments pending at the time.

[Amended 1-24-1985; 5-14-1987 by Ord. No. 87-1]

B. Purpose. The final plat and supporting drawings and documents for a proposed subdivision constitute the complete development of the subdivision proposal and include the recommendations resulting from the Planning Board review of the preliminary layout as well as the detailed layout drawings for the public improvements and utilities. After public hearing and approval by the Planning Board, this complete submission, along with the performance bond and the general liability insurance policy as approved by the Town Board, becomes the basis for the construction of the subdivision and the inspection services by the Municipal Engineer or other delegated municipal officer. The plat itself must be recorded at the County Clerk's office to have legal status. An unrecorded plat is not a valid basis for site improvements or other commitment which depend on its design characteristics. The plat shall be an accurate survey record of the properties resulting from the subdivision.

C. Number of copies. A subdivider intending to submit a proposed subdivision for the approval of the Planning Board shall provide the Secretary of the Planning Board with one copy of the application and 15 copies of the plat, the original and one true copy of all offers of cession, covenants and agreements, letters from appropriate agencies, utilities and boards having jurisdiction and three prints of all construction drawings. These documents shall be provided at least 21 days in advance of the regular Planning Board meeting at which the subdivision plat is to be officially submitted. At the same time, if the subdivider intends to request any waiver of the requirements of standards provided for in these regulations in connection with final plat approval, a statement applying for such waiver shall be filed with the final plat submission.

[Amended 6-12-2003 by L.L. No. 3-2003]

D. When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular meeting of the Planning Board at least 21 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fees and all data required by Article V, § 137-29, shall have been filed with the Secretary of the Planning Board.

[Amended 6-12-2003 by L.L. No. 3-2003]

E. Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Orange County Department of Health. Applications for approval of plans for sewer and water facilities will be filed by the subdivider with all necessary municipal, county and state agencies as follows: Endorsement and approval by the Orange County Department of Health shall be secured by the subdivider before official submission of the subdivision plat. Certified copies of permits signed by a responsible official of the State Highway Department or the Orange County Superintendent of Highways, approving proposed construction and/or discharge on state or county rights-of-way, shall be submitted. Certified copies of permits signed by a responsible official of the State Department of Environmental Conservation shall be submitted when the development falls within the scope of that agency's jurisdiction.

F. Performance bond estimate. The Municipal Engineer or other delegated municipal officer shall prepare eight copies of a performance bond estimate to be submitted along with his recommendations on the final plat.

G. Public hearing. The Planning Board shall hold a public hearing to consider the final plat within 45 days of its submission in full final form. Notice of the hearing must be published at least once in a newspaper of general circulation in the Town at least five days before the hearing and by posting notice thereof by mail to the owners of property within 300 feet of the proposed subdivision and to any other persons whom the Board may deem to be particularly affected, said advertisement of public hearing to be placed by the Secretary of the Planning Board and the notification of the adjacent landowners to be made by the applicant. However, when the Planning Board deems the final plat to be in substantial agreement with an approved preliminary plat, and modified in accordance with the requirements of the approval given to the preliminary plat if the preliminary plat was approved with modification, the Planning Board may waive the requirement for the public hearing on the final plat.

H. Action of proposed subdivision plat.

(1) The Planning Board shall, within 45 days from the date of the public hearing on the subdivision plat, if one is held, or within 45 days after the receipt of the final plat by the Secretary of the Planning Board if no hearing is to be held, approve, disapprove or conditionally approve, with or without modifications, the final subdivision plat, and shall specify in writing its reasons for any such refusal. Provisions may be made for extension of this time by mutual consent of the subdivider and the Planning Board. In the event that the required hearing is not held or if the Planning Board fails to disapprove the plat within the 45 days prescribed above, the plat shall be deemed approved as submitted.

(2) Upon resolution of conditional approval of the final plat, the Planning Board shall empower the Chairman to sign the plat subject to completion of such requirements as may be stated in the resolution. Within five days of such resolution the plat shall be certified by the Secretary of the Planning Board as conditionally approved, and one copy of the plat shall be retained by the Planning Board. At the same time, a certified copy of the plat will be mailed to the subdivider along with a certified statement of those requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of these requirements, the plat shall be signed by the Chairman of the Planning Board. Conditional approval of a final plat shall expire within 180 days after the date of the resolution granting conditional approval unless such requirements have been certified as completed. Notwithstanding the foregoing provisions of this section, the Planning Board may extend the time in which a conditionally approved plat in final form must be submitted for signature if in the Board's opinion such extension is warranted by the particular circumstances thereof. The extension shall not, however, exceed two additional periods of 90 days each.

(3) If the plat is approved, the subdivider shall carry out the following steps prior to obtaining the Chairman's signature of approval:

(a) Make all required corrections or changes to the satisfaction of the Planning Board.

(b) Obtain a performance bond in the amount of the bond estimate and a general liability insurance policy and submit them to the Municipal Attorney for approval as to form. See Article III, § 137-11B, Performance bond, and Article III, § 137-11C, General liability insurance.

(c) Prepare prints of the corrected final plat drawings and submit the following:

[1] The original drawings for signature and return.

[2] Two copies of the final plat, printed upon linen or canvas-backed paper or drawn with a pen and India ink upon tracing cloth, for signature and return for filing purposes.

[3] One tracing cloth lithoprint of the final plat and the corrected public improvements and utilities plan and profiles.

[4] Five paper prints of the final plat.

[5] Four paper prints of the corrected public improvements and utilities plan and profiles.

(d) Pay the required fees to the Planning Board Secretary or to the Municipal Clerk.

§ 137-11 Required public improvements.

A. Improvements.

(1) The following improvements will be required except when, in the special or peculiar circumstances of a particular case, the Planning Board modifies or waives a requirement by specific resolution (see Article V, §§ 137-26B and 137-28E, and Article VI, §§ 137-30 through 137-32):

(a) Paved streets.

(b) Curbs or gutters.

(c) Sidewalks.

(d) Water mains and fire hydrants.

(e) Sanitary sewage disposal.

(f) Storm drainage system.

(g) Street signs.

(h) Streetlighting.

(i) Street trees.

(j) Seeding or sodding of planting strips with lawn grass.

(2) In making such determination regarding streets, highways, parks and required improvements, the Planning Board shall take into consideration the prospective character of the development, whether dense residence, open residence, business or industrial.

(3) Notwithstanding the foregoing provisions of this section, the Planning Board may waive, subject to appropriate conditions, the provision of any or all of such improvements and design characteristics as in its judgment of the special circumstances of a particular plat or plats are not necessary to protect the public health, safety and general welfare or which in its judgment are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision, as long as such waivers do not violate county, state or federal requirements.

(4) All wastewater treatment plants that are to be dedicated to the Town of Warwick, as a minimum, shall be designed in accordance with and approved by the Town and/or its designee. All plant systems and structures shall be designed to provide the lowest possible operation and maintenance costs.

[Added 6-14-1990]

B. Performance bond. A performance bond or equivalent security shall be delivered to the municipality to guarantee that the subdivider will faithfully cause to be constructed and completed within a reasonable period of time the required public improvements and convey the required lands and improvements to the municipality free and clear of encumbrances. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in Subsection B(1) below:

(1) In an amount set by the Planning Board from an estimate prepared by the Municipal Engineer, the subdivider shall file with the Municipal Clerk either a certified check to cover the full cost of the required improvements or a performance bond issued by a bonding or surety company approved by the Town Board to cover the full cost of the required improvements or any combination thereof. Any such bond shall comply with the requirements of § 277 of the Town Law and, further, shall be satisfactory to the Town Board and Municipal Attorney as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Town Board may determine appropriate, not to exceed three years) shall be set forth in the bond, within which period required improvements must be completed; however, the term of such performance bond may be extended by the Town Board with the consent of the parties thereto.

(2) The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Municipal Engineer and a map satisfactory to the Town Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. Such bond shall not be released until such a map is submitted. The Town Board shall release the bond upon certification of the Municipal Engineer and Municipal Attorney that all requirements of the bond have been satisfied.

(3) 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.

(4) If the Town Board shall decide at any time during the term of the performance bond that the extent of the building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance bond, or that required improvements have been installed in sufficient amount to warrant reduction in the face amount of said bond, or that the character and extent of such development require additional improvements previously waived for a period stated at the time of fixing the original terms of such bond, the Town Board may modify its requirements for any or all such improvements, and the face value of such performance bond shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Town Board and any security deposited with the bond may be reduced or increased proportionately.

(5) A subdivider may also file an approved subdivision plat without posting a performance bond or an escrow account but will not receive any building permits for the lots subdivided, with the exception of two for model homes. When all the public improvements have been installed, with the exception of the asphalt concrete wearing course, he must then post a bond or escrow account for that uncompleted work before any building permits are issued. A suitable note shall be placed on the map before filing to indicate this restriction. The wording of this note shall be approved by the Planning Board Attorney. The two model homes are not to be sold until all public improvements are completed. No certificates of occupancy shall be issued for any of the buildings until all the public improvements are completed and accepted by the Town Board.

[Added 9-13-1978]

C. General liability insurance.

(1) Procedures. The general contractor shall file with the Municipal Attorney a general liability insurance policy at the same time as he files his performance bond. The Town Board shall approve the policy as to form. The policy shall be in force during the term of the performance bond and shall be extended in conformance with any extension of the performance bond.

(2) Coverage. The policy shall insure the municipality and the general contractor and shall cover all operations in the development involving existence and maintenance of property and buildings and contracting operations of every nature, including all public improvements. Said policy shall be of such limits as the Town Board may require.

D. Maintenance bond. The subdivider shall file with the Town Board a maintenance bond in an amount based on a maximum of 10% of the performance bond estimate and which shall be adequate to assure the satisfactory condition of the initial public improvements for a period of one year following their completion and acceptance by the Town Board. Such bond shall be satisfactory to the Municipal Attorney as to form, manner of execution and surety.

E. Modification of design improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Municipal Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Municipal Engineer may, upon approval by the Town Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Municipal Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.

F. Supervision of improvements. The construction of all required improvements shall be supervised by the Town Engineer, who, after completion of construction, shall certify to the Town Board that all required improvements have been constructed as required and approved by the Planning Board or as modified by the Planning Board.

G. Inspections.

(1) Routine inspection.

(a) All improvements will be inspected by the Municipal Engineer to ensure satisfactory completion. In no case shall any paving work, including prime and seal coats, be done without permission from the Municipal Engineer. At least five days' notice shall be given to the Municipal Engineer prior to any such construction so that a representative of the municipality may be present at the time work is to be done. The Municipal Engineer shall be notified after each of the following phases of the work has been completed so that he or his representative may inspect the work:

[1] Road subgrade.

[2] Curb and gutter forms.

[3] Road paving: after each coat in the case of priming and sealing.

[4] Sidewalk forms.

[5] Sanitary sewers, drainage pipe and other drainage structures before backfilling.

[6] All underground utilities prior to backfilling.

(b) If the Municipal Engineer 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.

(2) Final inspection. A final inspection of all improvements will be made to determine whether the work is satisfactory and in substantial agreement with the approved final plat drawings and in compliance with the municipal specifications as of the time the offer of dedication of the roads is made to the Town Board. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release the performance bond covering such improvements and utilities.

(3) Inspection fee. An inspection fee, as determined in § 137-15, shall be paid to the municipality prior to the time that the Chairman of the Planning Board signs the final plat.

[Amended 5-14-1987 by Ord. No. 87-1]

H. Proper installation of improvements. If the Municipal Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, Building Inspector and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the municipality's rights under the bond. The Town Board may thereupon declare the performance bond in default and collect the sum remaining payable thereunder, and upon receipt of the proceeds thereof the municipality shall install such improvements as are covered by such performance bond and commensurate with the building development that has taken place in the subdivision, but not exceeding in cost the amount of such proceeds. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.

§ 137-12 Filing of approved major subdivision plat.

A. Final approval and filing.

(1) Upon completion of the requirements in §§ 137-10 and 137-11 above and notation to that effect on the subdivision plat and on the approved public improvement and utility plan and profiles, the plat shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) upon receipt of notification that the required bond and insurance have had the approval of the Municipal Attorney and that all required fees have been deposited. The plat may then be filed by the applicant in the office of the County Clerk.

(2) No plat of a subdivision of land showing lots, blocks or sites, with or without streets or highways, shall be filed or recorded in the office of the County Clerk until it has been approved by the Planning Board and such approval has been endorsed in writing on the plat in such manner as the Planning Board may designate. It shall be the duty of the County Clerk to notify the Planning Board in writing within three days of the filing and recording of any plat approved by the Planning Board, identifying such plat by its title, date of filing or recording and official file number.

B. Distribution. After the Planning Board Chairman signs his approval, the documents shall be distributed in the following manner by the Planning Board:

(1) Subdivider: all original final plat drawings, two copies printed upon linen or canvas-backed paper or drawn with a pen and India ink upon tracing cloth, to be filed by the subdivider in the Orange County Clerk's office.

(2) Building Inspector: one paper print each of the final plat and the public improvements plan.

(3) Tax Assessor: one paper print of the final plat.

(4) Municipal Engineer: one tracing cloth lithoprint and one paper print each of the final plat and the public improvement and utilities plan and profiles.

(5) Municipal Commissioner of Public Works: one paper print each of the final plat and the public improvement plan.

[Amended 6-23-1988 by L.L. No. 1-1988]

(6) Planning Board: one paper print each of the final plat and the public improvement and utilities plan and profiles.

C. Expiration of approval. The final approval of a final plat or the certificate of the Municipal Clerk as to the failure of the Planning Board to act within the time required by law shall expire within 60 days after the date of the signing of the plat by the Chairman of the Planning Board (or from the date the certificate of failure to act is issued), unless the filing of the plat or a section thereof is accomplished by that time in the office of the Orange County Clerk. Expiration of an approval shall mean that any further action will require a new filing fee as well as a review of all previous findings and applicability of new regulations.

D. Filing in sections. At the time the Planning Board grants plat approval, it shall permit or may require the plat to be divided into two or more sections subject to any conditions the Board deems necessary in order to ensure the orderly development of the plat. In accordance with § 276 of the Town Law, the applicant may file a section of the approved plat with the County Clerk if said section constitutes at least 10% of the total number of lots contained in the approved plat. In these circumstances, plat approval on the remaining sections of the plat shall remain in effect for three years from the filing date of the first section. When a plat is filed by section with the County Clerk, the applicant shall, within 30 days, file with the Town Clerk the entire approved preliminary plat. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk and the required improvements have been installed in such section or a bond covering the cost of such improvements is posted.

E. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat unless the said plat is first resubmitted to the Planning Board and the Board approves any modifications. Such modified plat shall be resubmitted to the Planning Board for restamping and signature. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the plat stricken from the records of the County Clerk.

§ 137-13 Public streets; recreation areas.

A. Public acceptance of streets.

(1) The approval of the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the municipality of any street, utility, easement, park or other open space shown on such subdivision plat as offered for cession to public use.

(2) Every street shown on a plat that is filed or recorded in the office of the County Clerk as provided in these regulations shall be deemed to be a private street until such time as it has been formally offered for cession to be public and formally accepted as a public street by resolution of the municipality or, alternatively, until it has been condemned by the municipality for use as a public street.

(3) Three copies of a road map must be sent to the Orange County Department of Public Works for its approval before the Town Board can make a resolution for the acceptance of said road as a Town road.

(4) After such plat is approved and filed, subject, however, to review by the court as hereinafter provided, the streets, highways and parks shown on such plat shall be and become a part of the Official Map or Plan of the municipality. The owner of the land or his agent who files the plat may add as part of the plat a notation, if he so desires, to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public. If the owner of the land or his agent who files the plat does not add as part of the plat a notation to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public, the filing of the plat in the office of the County Clerk shall constitute a continuing offer of dedication of the streets, highways or parks or any of them to the public and said offer of dedication may be accepted by the Town Board at any time prior to revocation of said offer by the owner of the land or his agent. Formal offers of cession to the public of all streets, highways or parks not marked with such notation on the plat shall be filed with the Planning Board prior to the approval of the plat by the Planning Board. In the event that the owner or his agent shall elect not to file his plat prior to the expiration date of the validity of plat approval as provided in Article III, § 137-12C, then such formal offers of cession shall be deemed to be invalid, void and of no effect on and after such expiration date.

(5) No public municipal street utility or improvement shall be constructed by the municipality in any street or highway unless it has been offered as a public street or highway and is duly placed on the Official Map or Plan; except that the Town Board may authorize the construction of a public municipal street utility or improvement in or under a street which has not been dedicated but which has been used by the public as a street for five years or more prior to March 2, 1938, and is shown as a street on a plat of a subdivision of land which had been filed prior to March 2, 1938, in the office of the County Clerk of Orange County.

(6) Street access and improvement prior to issuance of building permits; performance bond.

(a) No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the Official Map or Plan or, if there shall be no Official Map or Plan, unless such street or highway is:

[1] An existing state, county or Town highway.

[2] A street shown upon a plat approved by the Planning Board.

[3] A street on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Planning Board and the grant to such Board of the power to approve plats.

(b) Before such permit shall be issued, such street or highway shall have been suitably improved to the satisfaction of the Town Board in accordance with standards and specifications approved by the appropriate municipal officers as adequate in respect to the public health, safety and general welfare for the special circumstances of the particular street or highway; or alternatively and in the discretion of the Town Board, a performance bond sufficient to cover the full cost of such improvement as estimated by such Board or other appropriate municipal departments designated by such Board shall be furnished to the municipality by the owner. Such performance bond shall be issued by a bonding or surety company approved by the Town Board or by the owner with security acceptable to the Town Board and shall also be approved by the Municipal Attorney as to form, sufficiency and manner of execution. The term, manner of notification and method of enforcement of such bond shall be determined by the Town Board in substantial conformity with Article III,§ 137-11B.

(7) For the purpose of preserving the integrity of such Official Map or Plan, no permit shall hereafter be issued for any building in the bed of any street or highway or parkland shown or laid out on such map or plan; provided, however, that if the land within such mapped street or highway or parkland is not yielding a fair return on its value to the owner, an appeal may be made before the Board of Appeals as detailed in Subsection A(8) below.

(8) Where the enforcement of the provisions of this section would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the structure to be related to existing or proposed streets or highways, the applicant for such a permit may appeal from the decision of the administrative officer having charge of the issue of permits to the Board of Appeals, which has power to make variances or exceptions in zoning regulations, and the same provisions are applied to such appeals and to such Board as are provided in cases of appeals on zoning regulations. The Board of Appeals may, in passing on such appeal, make any reasonable exception and may issue the permit subject to conditions that will protect any future street or highway layout or may grant a permit for a building in such street or highway in a manner which will as little as practicable increase the cost of opening such street or highway or tend to cause a change of such Official Map or Plan. In addition, the Board of Appeals may impose reasonable requirements as a condition of granting such permit, which requirements shall inure to the benefit of the municipality. Before taking any action authorized in this section, the Board of Appeals shall give a hearing at which parties in interest and others shall have an opportunity to be heard. Any such decision shall be subject to review in the same manner and pursuant to the same provisions as in appeals from the decisions of such Board upon zoning regulations.

B. Ownership and maintenance of recreation areas. When a park, playground, natural or historic feature or other recreation or open space area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the municipality of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.

§ 137-14 Application of clustering provisions.

Pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of the Zoning Ordinance[1] in accordance with the provisions of § 281 of the Town Law and in accordance with such other reasonable conditions as the Town Board may in its discretion add thereto. This authorization is limited to lands so zoned in the Zoning Ordinance of the Town of Warwick. The purposes of such authorization shall be to enable and encourage flexibility of design and appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. The procedure and standards hereinabove referred to are as follows:

A. Request by subdivider. A subdivider may request application of § 281 of the Town Law simultaneously with or subsequent to presentation of the sketch plan according to procedures described in Article III. The Planning Board may, at its discretion, approve application of § 281 of the Town Law if in the Board's judgment such application would benefit the municipality. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plan review.

(1) This procedure shall be applicable only to lands zoned for residential purposes, and its application shall result in a permitted number of dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Ordinance applicable to the district or districts in which such land is situated and conforming to all other applicable requirements.

(2) The dwelling units permitted may be, at the discretion of the Planning Board and subject to the conditions set forth by the Town Board, in detached, semidetached, attached or multistory structures.

B. Sketch plat. A subdivider shall present, along with a proposal in accordance with the provisions of § 281 of the Town Law, a standard sketch plan which is consistent with all the criteria established by this chapter, including but not limited to streets being consistent with the street specifications[2] and lots being consistent with the Zoning Ordinance.[3]

[2] Editor's Note: See Ch. A168, Street Specifications.

[3] Editor's Note: See Ch. 164, Zoning.

C. Park, recreation, open space or other municipal purposes. In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes directly related to the plat, then the Planning Board as a condition of plat approval may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The Town Board may require that such conditions be approved by the Town Board before the plat may be approved for filing.

D. Preliminary plat. Upon a determination that such sketch plat is suitable for the procedures authorized under § 281 of the Town Law and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all of the requirements of the resolution (the proposed site plan, including areas within which structures may be located; the height and spacing of buildings, open spaces and their landscaping; off-street open and enclosed parking spaces; and streets, driveways and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementation of existing zoning provisions as are not shown on said site plan) shall be presented to the Planning Board and thereafter the Planning Board shall proceed with the required public hearings and all other requirements of this chapter.

E. Filing; notation on Zoning Map. Upon the filing in the office of the County Clerk of a plat for which application of § 281 of the Town Law has been made, the subdivider shall file a copy with the Municipal Clerk, who shall make appropriate notations and reference thereto on the Municipal Zoning Ordinance Map. The Secretary of the Planning Board shall notify the Building Inspector when such a plat is filed.

[1] Editor's Note: See Ch. 164, Zoning.

§ 137-15 Schedule of fees.

[Added 5-14-1987 by Ord. No. 87-1; amended 6-8-2000 by L.L. No. 2-2000]

A Schedule of Fees has been adopted by the Town Board pursuant to Chapter 75.