Town of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents

§ A176-1 Statutory authority.

By authority of the provisions of Article 16 of New York State Town Law, as periodically amended, the Planning Board has the power and authority to review and approve or disapprove plats for subdivisions within the Town of Haverstraw which show lots, blocks or sites with or without new streets, drainage and other improvements.

§ A176-2 Purpose; title.

In order that land may be subdivided in accordance with the following policies, procedures and standards, these regulations are hereby adopted by the Planning Board of the Town of Haverstraw and approved by the Town Board of the Town of Haverstraw on August 13, 1990, and shall be cited as the "Town of Haverstraw Land Subdivision Regulations."

§ A176-3 Legislative intent.

It is declared to be the legislative intent of the Planning Board to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the town.

§ A176-4 General requirements for land to be subdivided.

Land to be subdivided shall be of such character that it can be used safely for building purposes without creating danger to health or peril from fire, flood, landslide or other menace. Proper provision shall be made for access, drainage, water, sewerage and other needed improvements. The proposed streets shall compose a convenient system conforming to the Official Map, as adopted by the Town Board, and shall be properly related to the proposals shown on the Master Plan, as adopted by the Planning Board. Streets shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air and to facilitate fire protection. In proper cases, there shall be reservation of park areas of suitable location, size and character for playground or other recreational purposes.

§ A176-5 Definitions.

For the purposes of these regulations, certain words and terms used herein are defined as follows, or, if not defined below, as defined and used as defined in the Zoning Law of the Town of Haverstraw:[1]
APPLICANT
The owner of land proposed to be subdivided or any other party in interest who shall submit the written consent of the owner.
BLOCK
A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity to development.
BOND
Any form of security, including a cash deposit, surety bond, collateral, property or instrument of credit, in an amount and form satisfactory to the Town Board. All "bonds" shall be approved by the Town Board wherever a "bond" is required by these regulations.
CONSTRUCTION PLAN
The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision and the site-grading and erosion control plan in accordance with the requirements of the Planning Board as a condition of the approval of said plat.
CONSTRUCTION STANDARDS AND SPECIFICATIONS
The standards and specifications approved by the Town Board for the construction of new subdivision roads and related improvements such as sewers.[2]
CURB
A stone or concrete boundary usually marking the edge of the roadway or paved area.
EASEMENT
Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
ENGINEER or LICENSED PROFESSIONAL ENGINEER
A person licensed as a professional engineer by the State of New York.
ESCROW
A deposit of cash with the town in lieu of required improvements.
FRONTAGE STREET
Includes any street to be constructed by the developer or any existing street in which development shall take place on both sides.
MASTER PLAN
The Comprehensive Master Plan adopted by the Planning Board for the development of the entire area of the town, pursuant to § 272-a of the Town Law, showing the desirable streets, bridges and tunnels and the approaches thereto, viaducts, parks, public reservations, roadways in parks, sites for public buildings and structures, waterways and drainage systems and such other features, existing and proposed, as will provide for the improvement of the town and its future growth, protection and development and will afford adequate facilities for the housing, transportation, distribution, comfort, convenience, public health, safety and general welfare of the population of the town.
OFFICIAL MAP
The map established by the Town Board, under § 270 of the Town Law, of that part of the town outside the limits of any incorporated village, showing the streets, highways and parks and drainage systems theretofore laid out, adopted and established by law, and any amendments or additions thereto adopted by the Town Board, or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.
OFF-SITE
Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OWNERSHIP, SAME
Includes all vested or contingent interests of any person or his agent, representative, successor or assignee, irrespective of whether or not such interest is recorded, in the following circumstances:
A. 
Direct ownership by such person or his or her child, parent, sibling or spouse of sibling, heir or next of kin or agent, corporation, firm, entity, partnership or unincorporated association.
B. 
Ownership of property by different corporations, firms, partnerships, entities or unincorporated associations in which such a person is a stockholder, partner or associate, or his or her child, parent, sibling or spouse of sibling, heir or next of kin, and owns a ten-percent or greater interest in such corporation, firm, partnership, entity or unincorporated association.
C. 
When such person or his estate, successors or assigns or any person or entity included in Subsections A and B herein may be materially or substantively affected by the relief sought or by any determination made in any proceeding sought before any board, body, commission or agency of the Town of Haverstraw, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
PLANNING BOARD
The Planning Board of the Town of Haverstraw.
PLAT
See the definition of "subdivision plat."
PRELIMINARY PLAT
The preliminary drawing or drawings, described in §§ A176-19 and A176-20 of these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Board for its approval.
RESUBDIVISION
A change in a map of an approved or recorded subdivision plat if such change affects any street layout shown on such map or area reserved thereon for public use or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
SALE OR LEASE
Any immediate or future transfer of ownership, including contract of sale or transfer, of an interest in a subdivision or part thereof.
SKETCH PLAT
A sketch of the preliminary plat (or subdivision plat in the case of minor subdivisions), described in §§ A176-17 and A176-18 of these regulations, to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the plat.
STREET
A vehicular way which is one of the following: an existing town, village, county or state highway or road; a public road shown on a filed subdivision plat; or a road shown on the Official Map of the town. Includes streets, roads, avenues, lanes or other vehicular ways.
STREET, COLLECTOR
A road which serves or is designed to carry traffic from local residential streets to secondary streets.
STREET, DEAD-END
A road or a portion of a street with only one vehicular traffic inlet and outlet.
[Amended 4-27-1998 by L.L. No. 6-1998]
STREET, LOCAL
A road intended to serve primarily as an access to residential or nonresidential properties.
STREET, MAJOR
A road which is used primarily as a route for traffic between communities or large areas.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic, excluding curbs or gutters.
STREET, PERIMETER
Includes any road to which the parcel of land to be subdivided abuts.
STREET RIGHT-OF-WAY WIDTH
The distance between property lines measured at right angles to the center line of the street.
STREET, SECONDARY
A road which serves or is designed to carry traffic from collector streets to the system of major streets.
SUBDIVIDER
Any person who:
A. 
Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision
B. 
Directly or indirectly sells, leases or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit or plot in a subdivision;
C. 
Engages directly or through an agent in the business of selling, leasing or developing, or offering for sale, lease or development, a subdivision or any interest, lot, parcel, site, unit or plot in a subdivision; or
D. 
Is directly or indirectly controlled by, or under direct or indirect common control with, any of the foregoing.
SUBDIVISION
Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. "Subdivision" includes the division or development of residential and nonresidential zoned land.
SUBDIVISION AGENT
Any person who represents or acts for or on behalf of a subdivider or developer in selling, leasing or developing, or offering to sell, lease or develop, any interest, lot, parcel, unit, site or plot in a subdivision, except an attorney at law whose representation of another person consists solely of rendering legal services.
SUBDIVISION, MAJOR
All subdivisions not classified as minor subdivisions, including but not limited to a subdivision of four or more lots or any size subdivision requiring any new street or extension of municipal facilities or the creation of any public improvements.
SUBDIVISION, MINOR
Any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities or the creation of any public improvements and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map or Zoning Law,[3] if such exists, or these regulations.
SUBDIVISION PLAT
The final map or drawing, described in §§ A176-21 and A176-22 of these regulations, on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, may be submitted to the office of the County Clerk for recording.
SURVEYOR
A person licensed as a land surveyor by the State of New York.
TOWN ENGINEER
The duly designated Engineer of the town, or Highway Department, or Department of Public Works of the town if established pursuant to law.
ZONING LAW
The officially adopted Zoning Law of the town, together with any and all amendments thereto.[4]
[1]
Editor's Note: See Ch. 167, Zoning.
[2]
Editor's Note: See Ch. A172, Construction Standards for Subdivisions and Site Plans.
[3]
Editor's Note: See Ch. 167, Zoning.
[4]
Editor's Note: See Ch. 167, Zoning.

§ A176-6 Severability.

If any section, subsection, paragraph, sentence, clause or other part of this chapter is for any reason held invalid, the validity of the remaining portion of this chapter shall not be affected.

§ A176-7 Applicability of provisions.

All applications for land subdivisions are subject to these revised regulations, except where there exists a subdivision plat which has been signed by the Chairman of the Planning Board and filed with the office of the County Clerk.