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.
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."
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.
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.
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]
The owner of land proposed to be subdivided or any other
party in interest who shall submit the written consent of the owner.
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.
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.
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.
The standards and specifications approved by the Town Board
for the construction of new subdivision roads and related improvements
such as sewers.[2]
A stone or concrete boundary usually marking the edge of
the roadway or paved area.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
A person licensed as a professional engineer by the State
of New York.
A deposit of cash with the town in lieu of required improvements.
Includes any street to be constructed by the developer or
any existing street in which development shall take place on both
sides.
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.
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.
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.
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:
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.
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.
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.
The Planning Board of the Town of Haverstraw.
See the definition of "subdivision plat."
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.
Any immediate or future transfer of ownership, including
contract of sale or transfer, of an interest in a subdivision or part
thereof.
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.
A road which serves or is designed to carry traffic from
local residential streets to secondary streets.
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]
A road intended to serve primarily as an access to residential
or nonresidential properties.
A road which is used primarily as a route for traffic between
communities or large areas.
The wearing or exposed surface of the roadway used by vehicular
traffic, excluding curbs or gutters.
Includes any road to which the parcel of land to be subdivided
abuts.
The distance between property lines measured at right angles
to the center line of the street.
A road which serves or is designed to carry traffic from
collector streets to the system of major streets.
Any person who:
Having an interest in land, causes it, directly
or indirectly, to be divided into a subdivision
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;
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
Is directly or indirectly controlled by, or
under direct or indirect common control with, any of the foregoing.
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.
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.
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.
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.
A person licensed as a land surveyor by the State of New
York.
The duly designated Engineer of the town, or Highway Department,
or Department of Public Works of the town if established pursuant
to law.
The officially adopted Zoning Law of the town, together with
any and all amendments thereto.[4]
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.
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.
