The purpose of this article is to ensure that the highest standards of site, building and landscape design are conscientiously met through the use of qualified technical and aesthetic judgment compatible with the Community Master Plan of the municipality. 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 and to provide access for fire-fighting equipment to buildings. The Planning Board shall further require that all lots shown on the plats shall be adaptable for the intended purpose without danger to health or peril from flood, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to specifications established by the municipality. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article
VI herein.
It is the policy of the Town of Warwick that
all central sewer and water systems shall be owned and operated by
the municipality. It is required as a condition to final approval
of the plat that where central sewer and/or water systems are to be
installed, an improvement district shall be legally formed or extended.
Such systems, with appurtenances, shall be offered for dedication
to such districts without cost to the district.
A. Endorsement. The proposed subdivision plat shall be
properly endorsed and approved by the Orange County Department of
Health. Such endorsement and approval shall be secured by the subdivider
after approval of the preliminary plat by the Planning Board.
B. Local requirements. Orange County 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 any subdivision.
C. State requirements; Town approval. The requirements
contained in the New York State Department of Health Waste Treatment
Handbook, as approved by the Town Board of the Town of Warwick and
as the handbook may be amended, shall apply; and all individual household
sewage disposal systems shall be constructed in conformance therewith.
D. Dedication. Such water and sewer mains and systems
shall be located in the street rights-of-way or in perpetually unobstructed
easements of a width adequate for servicing. Water and sewer mains
and systems are to be offered for dedication to the municipality or
duly constituted improvement district. Upon acceptance, such water
and sewer mains and systems are to be maintained by the municipality.
E. Connections. The developer shall be responsible not
only for the laterals within the development, but also for any lines
or connections that may be necessary to bring service to the development.
F. Capacity of well. The Planning Board may require that
prior to final approval the Municipal Engineer shall determine the
capacity of a well to supply a development adequately with water.
In order to assure adequate water supply for the safety, health and
comfort of the residents, a seventy-two-hour test shall be taken,
during which time an amount equal to at least 600 gallons per dwelling
unit shall be obtained on a sustained basis.
G. 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. Should more than 49 total lots be applied for at any
subsequent time, the applicant will have to provide 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. Such plan shall include the formation
of Town improvement districts and the provision of individual hookups
to the existing lots. Existing lot owners shall be responsible for
operation and maintenance costs and also for the increase and improvement
of facilities necessitated at a subsequent time. The requirement for
central water and sewer services can only be waived upon the following
conditions:
[Added 2-5-2009 by L.L. No. 1-2009]
(1) The
Town Board waives the requirement upon advice of the Planning Board,
satisfactory proof that the waiver is warranted by soils characteristics
of the particular site, and a determination of a public benefit in
the waiver, including but not limited to the provision of affordable
housing. The determination of the Town Board shall be a legislative
determination; and
(2) The
appropriate state and/or county agencies have either concurred in
the waiver as warranted by soil characteristics or have indicated
a lack of jurisdiction over the application.