Article III Review Procedure

Informal review with technical personnel. Before filing a formal application in accordance with the procedure set forth in this article, applicants are encouraged to meet with the Town's technical personnel, including the Town Engineer, Building Inspector, Planning Consultant, Town Attorney and Fire, Police and Health Departments, where appropriate, prior to submitting a formal application for development. The purpose of the informal meeting is to make the applicant aware of the specific requirements applicable to the area or type of development being considered.

Complete application.

A complete application is required for the development of any land. Said application, together with the required fees and all exhibits required, shall be submitted to the Secretary of the Board. The Board shall:

[1]

Review the application to determine its completeness.

[2]

Determine the type of development action required.

[3]

Forward the application to the proper board, agency or official for subsequent action.

An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and all rules and regulations of the Board. It shall be deemed complete as of the day it is so determined by the Board for purposes of the commencement of the time period for action by the Board. If found to be incomplete, the application shall be returned to the applicant with information as to what is lacking.

Prior to formal application to the Board, the applicant shall submit to the Town Engineer, acting as technical staff to the Board, the information required to meet the requirements of the New York State Environmental Quality Review Act (SEQRA). Notwithstanding the time limits set forth herein, final site plan approval shall not be granted until the SEQRA process has been completed. The Board may hold a joint public hearing on the site plan, whenever practicable. In the event that a final SEQRA determination has not been made, final site plan approval shall not be granted.

Additional information. The Board may require such additional information not specified in this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Boards.

Routing.

Zoning Board of Appeals. All complete applications requiring Zoning Board of Appeals approval shall be referred to that Board by the Board.

Building Inspector. All complete applications for one-family residential construction which is not in a floodplain or is not a historic building or site shall be referred to the Building Inspector for action.

Board technical staff. All other applications for development shall be forwarded by the Board to the Board technical staff for review.

Application contents, requests and submissions. All applications for site development plan review and/or approval shall fulfill the following requirements:

Be made on forms available at the office of the Secretary to the Board.

Be presented to the Secretary to the Board at least three weeks prior to a regular meeting of the Board.

Fees. Upon the filing of an application for sketch review, a fee shall be payable to the Town of Haverstraw in accordance with the Standard Schedule of Fees as adopted by the Town Board and as amended periodically.

§ A173-7 Planning Board procedure.

General. The applicant, his agent or representative shall appear at all regular meetings of the Board whenever the application is being considered. Failure to appear shall give the Board the right to postpone action on the application if the absence of the applicant or his agent deprives the Board of information necessary to make a decision.

Application for a major site development plan.

Preliminary approval.

If the application is found to be a major development, the Board shall schedule a preliminary public hearing. The Town shall publish a legal notice of preliminary public hearing, and the applicant shall bear the cost of the publication of such notice of public hearing. The applicant shall submit proof that he has met the requirements of the affidavit of public notice, which proof shall include certified mail receipt and affidavit of mailing. The applicant is required to notify property owners abutting the property which is the subject of the site plan public hearing, including properties which are across a public street or road from the subject site.

At the public hearing, the Board shall consider the application as submitted, the recommendations and comments of all agencies to which the application was referred and those of the public, and shall take action within 62 days of the closing of the public hearing or within such further extension agreed to by the applicant. The Board shall either reject the application for development, grant preliminary approval or grant conditional preliminary approval.

The Town shall publish a legal notice of final public hearing, and the applicant shall bear the cost of the publication of such notice of public hearing. The applicant shall submit proof that he has met the requirements of the affidavit of public notice, which proof shall include certified mail receipt and affidavit of mailing. The applicant is required to notify property owners abutting the property which is the subject of the site plan public hearing, including properties which are across a public street or road from the subject site.

Final approval.

The final plan shall incorporate all changes or modifications required by the Board. The applicant shall note on the plan in a manner prescribed by the Board that either no changes were required or specify the changes that have been made and the reasons for the changes.

The Board shall act within 62 days of the closing of the public hearing or within such further extension agreed to by the applicant. Failure of the Board to act within the allocated time or a mutually agreed upon extension shall be deemed to be favorable approval and the Town Clerk shall issue a certificate to that effect.

Application for preliminary and final approval. Combined preliminary and final approval may be granted, provided that all submission requirements for both approvals are met. The time limit within which the Board shall act shall be the longest permitted for either of the two approvals.

Application for a minor site development plan.

If the application is to be a minor development, the Board shall schedule a public hearing. The Town shall publish a legal notice of public hearing, and applicant shall bear the cost of the publication of such notice of public hearing. The applicant shall submit proof that he has met the requirements of the affidavit of public notice, which proof shall include certified mail receipt and affidavit of mailing. The Board shall reject, approve or conditionally approve the application within 62 days of closing of the public hearing. The approval of the Board on a minor site development plan shall be considered a final approval.

All submission requirements and procedures required for a major development shall be required for a minor development.

§ A173-8 Plan details.

General. All maps, plats and plans required to be submitted by this chapter shall conform to one of the following sizes:

Eight and one-half inches by 13 inches.

Fifteen inches by 21 inches.

Twenty-four inches by 36 inches.

Thirty inches by 42 inches.

Sketch plan. All plans shall be based on accurate information at a scale of not less than one inch equals 50 feet, unless otherwise noted, and shall show the entire tract to be developed, giving the accurate location of all existing and proposed property and street lines, and shall also show or indicate the following information, unless waived by the Board:

Key map. A map at a scale of not less than one inch equals 600 feet showing the entire development, zone districts and its relation to all features shown on the Official Map and Master Plan located within 1/2 mile of the extreme limits of the development.

Structures, wooded areas and topography. The location and dimensions of existing and proposed buildings and structures, including dimensions from all existing and proposed lot lines; wooded areas; all frees more than six inches in diameter (measured four feet above the ground); and the topography within the portion to be developed and within 100 feet thereof at two-foot contours.

Owners. The name of the owner of the subject property and all owners of property contiguous to and across existing or proposed streets from the subject property as disclosed by the most recent municipal tax records.

Identity. The Tax Map sheet, block and lot numbers and zone district.

Easements, watercourses and rights-of-way. The location of existing or proposed streets, roads, easements, public rights-of-way, streams, bridges, culverts, drainage ditches, natural watercourses, flood control basins, floodways and floodplains (in and within 200 feet of the development).

Public areas. Any existing or proposed parks, municipal lands, school sites, historic sites or other public areas shown on the duly adopted Master Plan and/or Official Map.

Lots. The existing and proposed lot layout, lot dimensions, all required setback lines and lot areas of each lot (in square feet). Lots shall be by consecutive numbers for minor or major subdivisions until given official lot number designations by the Town.

Date of original plan and any revisions, current plan name (and the old plan name if submitted previously under a different title).

(9)

Any other information required by the Board.

Information required for minor site development plans. If the sketch plan is being submitted for minor site development plan approval, it shall contain the information required under Subsection D and shall be a certified survey map drawn by a licensed New York land surveyor. The plan shall provide for endorsement by the Chairman of the Board.

Plan submitted for preliminary approval. The plan shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 50 feet. Contour maps and preliminary construction plans, including road profiles and utility plans, shall be submitted as part of the preliminary plan. Separate maps may be required by the Board for topography, utilities and/or road details. A soil erosion and sedimentation control plan and a grading plan shall be included. The plan shall be designed in compliance with the applicable provisions of Subsections B and C and shall show or be accompanied by the following information:

Key map. A map at a scale of not less than one inch equals 600 feet showing the entire development, zoning district and its relation to all features shown on the Official Map and Master Plan located within 1/2 mile of the extreme limits of the development.

Lots. Lot layout, lot dimensions, all required setback lines and individual lot areas in square feet and acreage. Lots shall be designated by consecutive numbers until given an official lot number designation by the Town Tax Assessor.

Other contents. The plan name, Tax Map sheet and date (if revision), block and lot numbers, date of plan preparation, scale, graphic scale and the following names and addresses:

Record owner or owners of property to be developed. If other than an individual, the corporate officers or partners or other statutory agent.

The applicant.

New York State licensed design professional who prepared the map, including seal, signature and license number.

Acreage. Acreage of tract to be developed to nearest hundredth of an acre.

Elevations and contours. Sufficient elevations and contours at two-foot vertical intervals to determine the general slope and the natural drainage of the land and the high and low points for the entire tract and for a distance of 100 feet from the tract boundary. All elevations shall be based on United States Geological Survey datum.

Existing and proposed features. The site development plan shall show the location of all existing and proposed features, including but not limited to property lines, streets, buildings, structures, parking areas, driveways, curb cuts, watercourses, railroads, easements, bridges, culverts, drainpipes, sanitary sewers, water mains, gas mains, power lines and any natural features such as wooded areas, trees over six inches in diameter (measured four feet above the ground) and rock formations. This data shall be determined by field and/or photogrammetric survey.

Streets. Preliminary plans and profiles at a scale of not less than one inch equals 50 feet horizontally and one inch equals five feet vertically, including cross sections every 50 feet or as specified by the Town Engineer of all proposed streets, curbs, gutters and/or sidewalks within the development and proposed connection with existing or future continuing streets. The radii distances of all street lines shall be shown.

Sewers, drains and ditches. Preliminary plans and profiles at a scale of one inch equals 50 feet horizontally and one inch equals five feet vertically of all proposed and existing sanitary sewers, storm drains, drainage ditches and streams within the development, together with the locations, sizes, elevations, grades and capacities of any existing sanitary sewer, storm drain, drainage ditch or stream or watercourse to which the proposed facility shall be connected. When brook or stream channel improvements are proposed or required, the plans shall be approved by the New York State Department of Environmental Conservation and the Board, where applicable.

(9)

Setback lines. All front, rear and side yard lines shall be shown for all lots.

(10)

Deed restrictions. A copy of any existing and proposed covenants or deed restrictions applying to the land being developed shall be submitted with the preliminary plan to the Board.

(11)

Open space. Any open space proposed to be dedicated for public use, playgrounds or other public purpose shall be shown on the plan.

(12)

Support capability. When deemed necessary to determine the suitability of the soil to support new construction, the Board shall require test holes or borings to be made by a New York-licensed engineer or an approved testing laboratory at the expense of the applicant and under the direction of the Town Engineer.

(13)

Parking. Indicate parking, loading docks, loading and unloading areas with dimensions, traffic patterns, access aisles, curb radii and bumpers.

(14)

Solid waste. Indicate location and design of existing and proposed methods of solid waste storage and disposal.

(15)

Landscaping and buffering. Indicate what will remain and what will be planted. Indicate common names of plant species, dimensions and spacing, approximate time of planting and maintenance plans.

(16)

Lighting. Indicate types of standards and fixtures, locations, radii of light and intensities in footcandles.

(17)

Signs. Indicate location, dimensions and details.

(18)

Off-site improvements. When the development is contingent upon improvements outside the boundaries of the lot or tract to be developed, certification shall be supplied by the applicant, prior to the Board's consideration, that the improvements have been agreed to by the owner of the land on which such improvements are to be made.

Final plan. The final plan and all final plans and profiles of improvements and other original exhibits shall show or be accompanied by the following, where applicable, in addition to the required submissions for preliminary approval:

Identification. Date, name and key map of the development, name of owner, scale and graphic scale. The final plan shall be drawn at a scale of not less than one inch equals 50 feet.

Survey data. Tract boundary lines, rights-of-way lines of streets, easements, land to be reserved or dedicated to public use and all lot lines with accurate dimensions. Where appropriate, the bearings, distances, arc lengths, central angles, tangents and radii of all curves and lot lines and areas of each lot in square feet shall be shown.

Public use. The purpose of any easement or land reserved or dedicated for public use shall be indicated.

Block and lots. All section, block and lot numbers shall be fixed by the Town Assessor.

Monuments. Location and description of all required monuments shall be shown.

Consent of owner. Certification that the applicant is agent or owner of the land or that the owner has given consent to file said plan.

Approval. When approval of a plan is required by any agency, whether municipal, county or state, approval shall be certified on the plat.

§ A173-9 Procedure for preliminary approval.

Agreements. Agreements providing for ownership of common areas, including the perpetual maintenance and continuance of ownership.

General procedure. An application for approval of a preliminary site development plan shall fulfill the requirements listed in § A173-8 above. After the Board has reviewed the preliminary site development plan and preliminary site improvements and discussed them with the applicant, a report will be sent to the applicant indicating any required changes and additions. Upon completion of the changes and additions by the applicant to the satisfaction of the Board, a public hearing may be set.

Public hearing. Upon revision of the preliminary plat to the satisfaction of the Board, the Board may call a public hearing pursuant to § 274-a of New York State Town Law. The Town shall submit a legal notice of public hearing as required by the Town Law and shall maintain file copies of the plat and construction plans for public review prior to the hearing, and the applicant shall bear the cost of the publication of such notice of public hearing. The applicant shall submit proof that he has met the requirements of the affidavit of public notice, which proof shall include certified mail receipt and affidavit of mailing. The applicant is required to notify property owners abutting the property which is the subject of the site plan public hearing, including properties which are across a public street or road from the subject site.

Determination. At the public hearing, the Board shall give an opportunity to any interested persons to examine or comment upon the preliminary site development plan and preliminary site improvements. After the public hearing, the Board shall, within 62 days of the public hearing, approve, modify or disapprove the preliminary application by resolution, which shall set forth in detail any conditions to which the approval is subject or reasons for disapproval, pursuant to § 274-a of the Town Law.

Revision of preliminary site development plan.

Based upon the above resolution, the applicant shall have the preliminary site development plan revised. This may require correcting and completing the preliminary site development plan in final form or redrawing a new map.

In the event of approval or modification, a final site development plan should be prepared exactly as the approved preliminary site development plan, except for any changes required by the Board. The preliminary site improvements shall also be completed in final form as required by the Board.

§ A173-10 Procedure for final approval.

In the event of disapproval, the applicant may initiate the preliminary site development plan review procedure from any step, as determined by the Board, or discontinue the application.

Tenure and extensions of Board approval. The approval of a preliminary plat shall be effective for a period of six months from the date that the resolution of approval is adopted. The Board may, however, extend such approval for an additional six-month period, if requested, in a manner prescribed by the Board, at least four weeks prior to the expiration of the original approval. At the time extension of approval is requested, the applicant shall submit, if applicable, 16 revised copies of the preliminary plat showing any changes within or adjacent to the holdings covered by the plat and shall also indicate whether there has been any final site development plan approval affecting any part of the applicant's holdings. If such request is not received, then the tentative approval of the preliminary plat shall be deemed to have expired.

Public hearing and determination.

Upon receipt of formal application and all accompanying material, the Board shall call a public hearing pursuant to § 274-a of the New York State Town Law. Site plans shall be scheduled for the public hearing in the order of their receipt. The Town shall publish a legal notice of final public hearing and shall maintain file copies of the site plan for public review prior to the hearing, and the applicant shall bear the cost of the publication of such notice of public hearing. The applicant shall submit proof that he has met the requirements of the affidavit of public notice, which proof shall include certified mail receipt and affidavit of mailing. The applicant is required to notify property owners abutting the property which is the subject of the site plan public hearing, including properties which are across a public street or road from the subject site.

§ A173-11 Additional requirements for final approval.

Public hearing and resolution approving or disapproving application. At the public hearing, the Board shall give an opportunity to any interested persons to examine or comment upon the site plan. After the public hearing, the Board shall, within 62 days of the public hearing, approve, modify and approve or disapprove the site plan application by resolution, which shall set forth in detail any conditions to which the approval is subject or reasons for disapproval, pursuant to § 274-a of the Town Law.

Revision of final site development plan. Based upon the above-noted resolution, the applicant shall have the final site development plan revised. This may require correcting and completing the submitted plan in final form or drawing a new map. The final site plan should be exactly the same as approved by the Board.

Submission and review of revisions. After completion of the final site plan in accordance with the Board's resolution, six copies shall be submitted to the Town Engineer and Planting Consultant for final review. No final approval shall be endorsed on the site plan until a review has indicated that all requirements of the resolution have been met.

Performance bond. The Board's approval shall also describe the amount of the performance bond to be submitted by the applicant. The amount of the bond shall be established by the Board based upon the recommendation of the Town Engineer, subject to the approval of the Town Board.

Exhibits for review at final must comply with the same conditions and requirements as at preliminary unless modified by resolution, except that the location and vicinity maps should reflect any changes or modifications, and the final site plan shall include the information in Subsections A and B.

General information to be added on final site plan.

Space for map notes and certifications.

Formal offer of dedication shall be provided on the site plan to read as follows: "The owner hereby irrevocably offers for dedication to the Town of Haverstraw any public streets, easements, parks or required public utilities within the map or on the construction drawings."

Rockland County Health Department, and all other municipal, county and state agencies, approval when so required by that agency.

Required standard map notes.

The preliminary map shall be revised to incorporate all changes required by the Board after its decision granting preliminary approval. The additional following requirements shall be met:

The stormwater drainage plan, with location, dimensions and elevations of pipes, ditches, catch basins and outflow, to the satisfaction of the Town Engineer.

Three sets of erosion control plans to the Town Engineer, accompanied by an erosion control plan and review fees.

Proposed location of hydrants.

Location of proposed sewer facilities, with manholes, pipes, sizes and gradients indicated, all subject to the requirements of the Town sewer consultant with approval secured through the Town Engineer.

Circulation patterns keyed to requirements for traffic arrows and parking spaces to be marked in reflecting paint, including loading areas.

The location and widths of pavements, curbs, sidewalks and traffic islands.

Location of buffering, screening and landscaped areas for building, parking, recreation and other facilities.