[HISTORY: Adopted by the Town Board of the
Town of Rockland 1-31-2002 by L.L. No. 2-2002. Amendments noted where
applicable.]
A.
This chapter is adopted under the authority provided
to the Town of Rockland by the New York State Town Law, Municipal
Home Rule Law and the State Environmental Quality Review Act.
B.
The Town of Rockland Planning Board shall be authorized
and empowered to approve preliminary and final plats of subdivisions
showing lots, blocks, or sites, with or without streets or highways,
within the Town of Rockland, pursuant to § 276 of the Town
Law.
C.
The Planning Board shall be also authorized and empowered
to approve the development of those plats, filed in the office of
the County Clerk prior to January 8, 1971, where 20% or more of the
lots are unimproved unless existing conditions such as poor drainage
have prevented their development.
D.
The Planning Board shall be further authorized and empowered, pursuant to § 278 of the Town Law and simultaneously with the approval of a plat or plats, to modify applicable provisions of Chapter 185, Zoning, subject to the conditions set forth in § 278 and later herein.
E.
The regulations which follow have been prepared by
the Town of Rockland Planning Board and are approved and adopted by
the Town Board of the Town of Rockland as local law pursuant to the
authority of the New York State Municipal Home Rule Law.
This chapter is adopted for the following purposes:
A.
Promoting the orderly growth and development of the
Town in accordance with the Town of Rockland Comprehensive Plan.
B.
Affording adequate facilities for the housing, transportation,
distribution, comfort, convenience, health and safety of Town residents.
C.
Minimizing foreseeable maintenance and improvement
problems as well as economic burdens associated with development of
land.
D.
Conserving the Town's natural resources and protecting
its attractive environment so as to maintain property values and otherwise
provide for the general welfare of residents of the Town of Rockland.
A.
Regardless of whether or not any formal conveyance
by metes and bounds shall be made, when any subdivision of land is
proposed and before any offer is made to sell any part or all of a
subdivision and before any permit for the erection of any structure
in such subdivision shall be issued or any grading, clearing, construction
or other improvements shall be undertaken, the subdivider or his authorized
agent shall first obtain the appropriate approval of the proposed
subdivision in accordance with the requirements of this chapter.
B.
It shall further be the obligation of each prospective
purchaser or developer of a lot which forms any part of a subdivision
to ensure that appropriate subdivision approval has been obtained.
In the absence of such subdivision approval, a prospective purchaser
shall not commence the erection of any structure on such lot, nor
commence any grading, clearing, construction or other improvements.
C.
The regulations of this chapter shall not apply to lot improvements as defined herein (see § 154-17). The Planning Board shall be authorized, where requested and for legal recording purposes, to indicate in writing on any qualifying plat presented that "These plans are acknowledged by the Town of Rockland, and for recording purposes only, to represent an exempt lot improvement in accord with § 154-17 of the Town of Rockland Subdivision Regulations. No subdivision approval is required or given." No plat so submitted, however, shall indicate that a subdivision is being created or approved through action of the Planning Board.
A.
The provisions of this chapter, in their interpretation
and application, shall be held to be the minimum requirements for
the promotion of the public health, safety, and general welfare.
B.
This chapter is not intended to interfere with, abrogate,
or annul any other law, rule or regulation, statute or provision of
law. Where any of the provisions of these regulations impose restrictions
different from any other law, rule or regulation or other provision
of law, whichever provisions are more restrictive or impose higher
standards shall control. This chapter, however, shall repeal and replace
in their entirety the Subdivision Regulations approved by the Town
Board on January 16, 1987, including all amendments thereto preceding
the enactment of this chapter as local law.
C.
If any part or provision of these regulations is judged
invalid by any court of competent jurisdiction, such judgment shall
be confined in application to the part or provision directly on which
judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this chapter or the application thereof
to other persons or circumstances. The Town hereby declares that it
would have enacted the remainder of these regulations even without
such part or provision or application.
A.
Applications for waivers of standards or procedures
shall ordinarily be submitted in writing by the subdivider at the
time the preliminary plat is filed. The application shall state fully
the grounds on which it is made.
B.
The Planning Board may, by resolution, authorize a
waiver or modification of the regulations of this chapter when, in
its opinion, unreasonable restriction will result from strict compliance.
C.
Waiver applications shall, in those instances where
the Planning Board determines they could, if granted, have an impact
on adjoining properties, be subjected to a public hearing at the applicant's
expense.
D.
Any resolution by the Planning Board authorizing a
waiver of these regulations shall include the basis for its finding
that unreasonable hardship will result from strict compliance with
this chapter.
E.
In authorizing a waiver, the Planning Board shall
attach conditions and require such guarantee or bond as it may deem
necessary to assure compliance with the objectives of these regulations.
No waiver shall be granted which would substantially change the character
of an area or compromise the purposes of these regulations.
Any person or persons, jointly or severally
aggrieved by the decision of the Planning Board, Zoning Board of Adjustment
or Town in regard to the administration of this chapter may apply
to the Supreme Court for review under Article 78 of the Civil Practice
Laws and Rules.
A.
Any person who shall lay out, construct or open any
street, sanitary sewer, storm sewer, water main or other improvements
for public use, travel, or other purposes or for the common use of
occupants of buildings located or abutting thereon, or who sells,
transfers, rents, leases, conveys by other means, or agrees or enters
into an agreement to do the same with any land in a subdivision, unless
and until a final plat has been prepared, approved and recorded in
full compliance with the provisions of this chapter, shall be deemed
to have committed a violation of this chapter and shall be liable
for such violation.
B.
Any person found in violation of this chapter shall
be subject to a fine not exceeding $350 per lot, parcel or dwelling.
All fines collected for such violations shall be paid to the Town
of Rockland.
C.
Each day that a violation continues shall be a separate
violation, but nothing herein shall require the Town to post separate
notice each day that a violation continues.
D.
The description by metes and bounds in the instrument
of transfer or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
E.
The Town shall be authorized to initiate and maintain
a civil action to obtain a writ of injunction against subdividers
who attempt the improper sale, lease, or conveyance of land, or to
set aside and invalidate any conveyance of land made prior to Town
approval. It shall take other action as necessary to prevent or remedy
any violation.
Amendments to this chapter shall be made pursuant
to the New York State Municipal Home Rule Law. Also, should provisions
of New York State Town Law be amended to require actions different
from those specified herein, the state requirements shall prevail.
As used in this chapter, words in the singular
include the plural and those in the plural include the singular. The
words "shall" and "will" for the purpose of this chapter are defined
as mandatory.
A.
For the purpose of this chapter, the following terms
shall be considered interchangeable:
B.
Unless otherwise expressly stated, the following definitions
shall, for the purpose of this chapter, have the meaning herein indicated.
Any pertinent word or term not a part of this listing shall be construed
to have its legal definition.
The following is a list of specific terms, found
elsewhere in the chapter, along with definitions of their intended
meaning:
A permanent service way providing a secondary means of access
to abutting lands.
The surfacing of a street, parking area, access or walkway
to a mud-free or otherwise permanently passable condition during all
seasons of the year and under adverse weather conditions. Macadam,
gravel, crushed stone and shale surfaces will all suffice to meet
this test but the depth and installation of the material shall be
subject to the approval of the Engineer for the Town.
A landowner, developer or subdivider, as hereinafter defined,
who has filed an application for subdivision plat approval, including
heirs, successors and assigns.
That portion of a roadway between the outer edge of the traveled
way or pavement and the point of intersection of the slope lines at
the outer edge of the roadway, for the accommodation of stopped vehicles
and for lateral support.
A tract of land or a lot or group of lots bounded by streets,
public parks, railroad rights-of-way, watercourses, bodies of water,
boundary lines of the Town, or by any combination of the above.
A structure formed of any combination of materials which
is erected on the ground and permanently affixed thereto, and designed,
intended or arranged for the housing, shelter, enclosure or structural
support of persons, animals, or property of any kind.
A sewage system or water supply system designed to serve
more than one dwelling unit or building; not including the use of
a single well or disposal system for two dwellings on the same parcel
of land. See “on-site sewage or water supply” for further
information.
An area of unobstructed vision at a street intersection(s),
defined by lines of sight between points at a given distance from
the intersecting street right-of-way lines.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a subdivision, which parcel or parcels have
been designed and intended for the use or enjoyment of residents of
the development. It does not include streets, off-street parking areas
and areas set aside for utility placement, rights-of-way or similar
public facilities.
All of the land and improvements part of a subdivision which
is to be jointly owned and maintained by the lot owners, lessees and/or
members of the subdivision and identified as such by the subdivider
on any plat offered to the Town for approval.
A form of development for single-family residential subdivisions
that permits a reduction in lot area and other development standards,
provided there is no increase in the number of lots permitted under
a conventional subdivision, given the specific site conditions, and
no less than 50% of the total land area is devoted to permanent open
space.
The County of Sullivan, State of New York, and its planning
agency.
A minor street providing a single access to a group of lots
with a turnabout area at the end of such street.
The New York State Department of Environmental Conservation
The owner, or authorized agent of the owner; including but
not limited to, any individual, partnership or corporation that undertakes
a subdivision or any of the activities covered by this chapter, particularly
the preparation of a subdivision plat showing the layout of the land
and the public improvements involved therein. The term "developer"
is intended to include the term "subdivider," even though the personnel
involved in successive stages of this project may vary.
A defined private access from an individual lot to a public
or approved private right-of-way.
A building arranged, intended, designed, or used as the living
quarters for one or more families living independently of each other
upon the premises. The term "dwelling" shall not be deemed to include
hotel, motel, rooming house or tourist home.
DWELLING, SINGLE-FAMILYA building arranged, designed and intended for and occupied exclusively by one family.
DWELLING, TWO-FAMILYA building arranged, designed and intended for and occupied by two families living independently.
DWELLING, MULTIFAMILYA building arranged, designed and intended for and occupied by three or more families living independently and having no cooking or sanitary facilities in common with any other dwelling unit; including apartment houses, apartment hotels, flats and garden apartments.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public or private purpose, and
within which the lessee or owner of the property shall not erect any
permanent structure, but shall have the right to make any other use
of the land which is not inconsistent with the rights of the grantee.
An environmental impact statement as required by the New
York State Environmental Quality Review Law.
A professional engineer licensed as such by the State of
New York and appointed or hired on a consulting basis to provide engineering
advice to the Town.
That side of a lot abutting on a street or way and ordinarily
regarded as the front lot, but it shall not be considered as the ordinary
side of a corner lot.
A tract or parcel of land held in single or joint ownership,
not necessarily shown on a duly recorded map, which is occupied or
capable of being occupied by buildings, structures and accessory buildings,
including such open spaces as are arranged, designed, or required.
The term "lot" shall also mean parcel, plot, site, or any similar
term.
LOT AREAThe area of land contained within the limits of the property lines bounding that lot. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
LOT IMPROVEMENTA division or redivision of land wherein lot area is shifted from one parcel to another so as to improve the shape or dimension of each. See § 154-17 for further clarification.
LOT WIDTHThe average of the widths of a lot at the building setback line and the rear lot line.
Any subdivision or land development which is not a minor
subdivision or lot improvement. Any subdivision which involves the
utilization of central sewage disposal systems or water supplies,
the construction of any streets, or the utilization of conservation
subdivision techniques shall also be considered a major subdivision,
regardless of the number of lots.
A subdivision or development containing not more than 10
lots, or a cumulative development on a lot-by-lot basis for a total
of 10 lots, of any original tract of land of record (i.e., not previously
subdivided or developed subsequent to the effective date of this chapter,
by the owner or the owner's duly appointed agent) where no new streets
or accesses are required. Notwithstanding this, the Planning Board
may, however, by waiver classify any subdivision as minor which does
not involve new improvements.
Any sewage system designed to treat sewage by subsurface
means or to provide water from a drilled well or spring, within the
boundaries of an individual lot. See "central sewage or water supply"
for further information.
An area of land resulting from the division of a tract of
land for the purposes of transfer of ownership, use or improvement.
Improvement of the traveled portion of a roadway with a hard,
solid surface material conforming to the standards of the Town of
Rockland road specifications.
A surety bond, certified check or other security meeting
the requirements of § 277 of the Town Law, and the terms
of which are satisfactory to the Town Attorney, guaranteeing the subdivider
will install all required or planned improvements.
Any individual, fine, trust, partnership, public or private
association or corporation, or other entity.
A drawing, map, chart, plan or plotting indicating the subdivision
or resubdivision of land, which in its various stages of preparation
can include the following:
SKETCH PLANA general plan, identified as such with the title "Sketch Plan" on the map, indicating existing site features of a tract and its surroundings and the general layout of the proposed subdivision, to be used as a basis for conceptual consideration by the Town Planning Board; or, in the case of conservation subdivisions, determining allowable density.
PRELIMINARY PLATA complete plan prepared by a registered professional engineer or licensed land surveyor, identified as such with the wording "Preliminary Plat" in the title, accurately showing proposed streets and lot layout and such other information as required by this chapter.
FINAL PLATA complete and exact plan, identified as such with the wording "Final Plat" in the title, with a professional engineer's or registered surveyor's seal affixed, and prepared for official recording with modifications as required during the review and approval of the preliminary plat.
The clerk or secretary designated to accept applications,
plats, fees and correspondence on behalf of the Town of Rockland Planning
Board.
A highway or road intended primarily for the purposes of
vehicular traffic, including the following:
STREET, MINORA road, the primary purpose of which is to collect vehicular traffic from individual dwellings or places of business.
STREET, COLLECTORA road, the primary purpose of which is to collect vehicular traffic from minor streets and deliver it to major traffic streets.
STREET, MAJORA road, the primary purpose of which is to collect vehicular traffic from collector streets and deliver it to destination points or arterial highways such as NYS Route 17.
Same as "developer."
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development.
A land surveyor licensed by the State of New York.
Town of Rockland, Sullivan County, New York.
The attorney appointed by the Town Board to represent the
Town of Rockland in any given matter.
Governing council of the Town of Rockland.
The New York State Town Law which governs the operation of
all towns within the state.
The standards of the Town of Rockland pertaining to the approval
of streets by the Town Highway Superintendent and the acceptance of
such streets for formal dedication to the Town.
A discernible, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations, including intermittent streams but excepting drainage
ditches, swales or diversion terraces.
The following procedures and requirements shall apply to minor subdivisions only (see § 154-10, Definitions). All other subdivisions and resubdivisions, regardless of the total number of lots involved, shall be processed as major subdivisions according to the procedures and requirements specified herein.
A.
Sketch plan required. Submission of a sketch plan
showing existing site features and a tentative layout of the subdivision
shall be required as part of the plat approval process for all minor
subdivisions. The Planning Board shall use the sketch plan for determining
the number of lots permitted, arranging and conducting a site inspection
of the property and establishing whether the subdivision is located
in an agricultural district.
B.
Application. Any person proposing to create a minor
subdivision shall submit along with plans required below, five copies
of an application for minor subdivision approval. This application
may be in letter form and shall specify and/or be accompanied by:
(1)
The name, address and telephone number of the property
owner of record and those of the subdivider, if different.
(2)
The name or number of the road where the proposed
subdivision is to be located.
(3)
The name, address and telephone number of the surveyor
or engineer preparing the subdivision plans.
(4)
The type of water supply proposed.
(5)
The type of sewer system proposed.
(6)
The required fee or receipt for the same from the
Planning Board Secretary.
(7)
A completed environmental assessment as required by
SEQRA.
C.
Final plat. The subdivider shall submit seven copies
of a final plat and required supplementary data for the proposed subdivision.
This plat shall be prepared by a professional engineer or surveyor
and shall show all the lots proposed to be created. The final plat
shall meet the following requirements:
(1)
The subdivision plat shall, ordinarily, be not less
than 8 1/2 inches by 11 inches nor more than 24 inches by 36 inches
in size.
(2)
The names of all abutting property owners and the
size of any remaining acreages in the tract from which lots are being
taken shall be shown.
(3)
The plat shall show the name of the municipality,
name of the owner of record, North point, graphic scale, and date.
(4)
Soil types found on the site shall be shown unless
the lots involved are lot improvements or contain existing sewage
systems. Natural Resources Conservation Service Classifications shall
be used.
(5)
Existing public roads shall be identified by traffic
route numbers and private roads by their posted names and numbers.
(6)
Proposed lot or parcel lines shall be drawn to scale
and dimensions given in feet and hundredths of a foot. Lot areas shall
be shown in acres or square feet. The plat shall depict the proposed
subdivision as a part of the contiguous holdings of the subdivider,
and show adjacent lots already taken from the parcel.
D.
Soil tests. Documentation as may be required by the
New York State Department of Health, along with a soils evaluation
by the test pit method and/or other required supplemental data relating
to sewage disposal shall be submitted.
E.
Street encroachment permits. A completed application
to the Town of Rockland Highway Superintendent, the State Department
of Transportation or County Department of Public Works, as the case
may be, for a street encroachment permit, shall also be required.
F.
Public hearing. The Planning Board shall, within 62
days of the receipt of a complete final plat by the Planning Board
Secretary, hold a public hearing, advertising such hearing at least
once in a newspaper of general circulation in the Town at least five
days prior to the hearing and providing such other notice as it deems
appropriate. The hearing shall be closed on motion of the Planning
Board within 120 days after it is opened and be used to guide the
Planning Board in acting upon the environmental assessment.
G.
Action on final plat. The Planning Board shall, by
resolution, conditionally approve with or without modification, disapprove
or grant final approval and authorize signing such plat within 62
days of the close of the public hearing, provided it has first acted
upon the environmental assessment and made a negative declaration
with respect to environmental impacts. Should the Board be unable
to make a negative declaration, it shall proceed in the manner provided
by New York State Town Law § 276.
H.
Certification, filing and signing of final plat. Within
five business days of the adoption of the resolution granting conditional
or final approval of the final plat, such plat shall be certified
by the Secretary as having been granted conditional or final approval
and a copy of such resolution and plat shall be filed in such Secretary's
office and with the Town Clerk and shall be mailed to the subdivider.
In the case of a conditionally approved plat, such resolution shall
include the requirements which, when completed, will authorize the
signing thereof. Upon completion of such requirements the plat shall
be signed by a duly authorized officer of the Planning Board and filed
with the Secretary.
I.
Time limits on conditional approvals. A conditional
approval of a final plat shall expire within 180 days unless all conditions
are satisfied and certified as completed. This period may be extended
for not more than two additional periods of 90 days where particular
circumstances so warrant in the judgment of the Planning Board.
J.
Approvals by default. In the event the Planning Board
fails to take action on a plat within the time periods prescribed
herein or within such extended periods as may have been established
by mutual consent of the subdivider and Planning Board, the subdivider
shall be entitled to an approval by default pursuant to the Town Law.
K.
Recording of final plats. All final plats shall be
filed in the office of the County Clerk within 62 days of approval,
subject to the provisions of § 276 of the Town Law.
L.
County Planning Board review. Applications for preliminary
or final plat approval shall be subject to referral to the County
Planning Board pursuant to § 239-m of the General Municipal
Law, if located within 500 feet of:
(1)
The Town boundaries; or
(2)
The boundaries of any existing or proposed county
or state park or other recreation area; or
(3)
The right-of-way of any county or state highway; or
(4)
The right-of-way of any existing or proposed stream
or drainage channel owned by the county or for which the county has
established channel lines; or
(5)
The boundary of any existing or proposed county or
state land on which a public building or institution is situated;
or
(6)
The boundary of a farm operation in an agricultural
district.
M.
Where
required, notice shall be given to an adjacent municipality pursuant
to General Municipal Law § 239-nn.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. IV)]
Major subdivision plat submissions shall be
subject to SEQRA review and be processed as follows:
A.
Sketch plan required. Submission of a sketch plan as provided in § 154-13 shall be required as part of the preliminary plat approval process for all major subdivisions. This plan shall be used to determine the number of lots permitted, determine whether the subdivision will involve other agencies and make a preliminary classification of the subdivision as a Type I or Unlisted SEQRA action. The Planning Board shall also use the sketch plan for purposes of determining lead agency status, arranging and conducting a site inspection of the property and establishing whether the subdivision is located in an agricultural district. A sketch plan shall be considered filed at the first regular meeting of the Planning Board following the Secretary's receipt of the plan, and all determinations with respect to the plan shall be made within 20 days of said meeting.
B.
When Planning Board is not lead agency or an EIS is
required. Should the Planning Board not assume lead agency responsibilities
in the SEQRA review of the subdivision, or should an environmental
impact statement be required, the provisions contained herein pertaining
to public hearings, notices and decisions shall be modified as provided
in § 276 of the Town Law.
C.
When the Planning Board is lead agency and no EIS
is required. If the Planning Board acts as lead agency and determines
an environmental impact statement is not required, the subdivider
shall complete preparation of the preliminary plat as required herein
and provide Part 1 of the SEQRA long form environmental assessment.
The Planning Board, within 62 days of the receipt by the Secretary
of a preliminary plat which is complete except for a negative declaration
filed pursuant to SEQRA, shall hold a public hearing on this preliminary
plat, advertising such hearing at least once in a newspaper of general
circulation in the Town at least five days prior to the hearing and
providing such other notice as it may deem appropriate. The hearing
shall be closed on motion of the Planning Board within 120 days after
it is opened and be used to guide the Planning Board in acting upon
the environmental assessment.
D.
Action on preliminary plat. The Planning Board shall
approve, with or without modifications, or disapprove the preliminary
plat within 62 days of the close of the public hearing, provided a
negative declaration has first been filed pursuant to SEQRA.
E.
Grounds for action. The grounds for modification,
if any, or the grounds for disapproval shall be stated in the records
of the Planning Board. When so approving a preliminary plat the Planning
Board shall state in writing any modifications it deems necessary
for submission of the final plat.
F.
Preliminary plat certification. Within five business
days of the approval of any preliminary plat, such plat shall be certified
by the Secretary as approved and a copy of the plat and approval resolution
shall be filed in the Secretary's office with a copy of the resolution
provided to the subdivider and also filed in the office of the Town
Clerk. Disapproval resolutions shall be filed and mailed in the same
manner.
G.
Time to submit final plat. The subdivider, within six months of the approval of the preliminary plat, shall install or, pursuant to § 154-15, financially guarantee all subdivision improvements and submit the plat in final form as provided in § 154-16. The Planning Board may revoke preliminary plat approval if a final plat is not submitted within six months or grant a limited extension of the preliminary approval provided that no preliminary plat shall remain valid if a final plat has not been submitted within three years.
H.
Action on final plat. When the final plat is in substantial
agreement with the preliminary plat, the Planning Board shall, by
resolution, conditionally approve with or without modification, disapprove,
or grant final approvals and authorize signing of such plat within
62 days of its receipt by the Secretary. No additional public hearing
shall be required. When the final plat is not in substantial agreement
with the preliminary plat, the preliminary plat procedures shall apply
to a final plat insofar as SEQRA review, public hearing, notices and
decisionmaking.
I.
Certification, filing and signing of final plats.
Within five business days of the adoption of the resolution granting
conditional or final approval of the final plat, such plat shall be
certified by the Secretary as having been granted conditional or final
approval and a copy of such resolution and plat shall be filed in
such Secretary's office and with the Town Clerk and shall be mailed
to the subdivider. In the case of a conditionally approved plat, such
resolution shall include the requirements which, when completed, will
authorize the signing thereof. Upon completion of such requirements
the plat shall be signed by a duly authorized officer of the Planning
Board and filed with the Secretary.
J.
Final plats by section. The Planning Board may permit
any subdivision for which preliminary plat approval has been granted
to be submitted in sections for final plat approval.
K.
Time limits on conditional approvals. A conditional
approval of a final plat shall expire within 180 days unless all conditions
are satisfied and certified as completed. This period may be extended
for not more than two additional periods of 90 days where particular
circumstances so warrant in the judgment of the Planning Board.
L.
Approvals by default. In the event the Planning Board
fails to take action on a plat within the time periods prescribed
herein or within such extended periods as may have been established
by mutual consent of the subdivider and Planning Board, the subdivider
shall be entitled to an approval by default pursuant to the Town Law.
M.
Recording of final plats. All final plats shall be
filed in the office of the County Clerk within 62 days of approval,
subject to the provisions of § 276 of the Town Law.
N.
County planning agency review. Applications for preliminary
or final plat approval shall be subject to referral to the county
planning agency pursuant to § 239-m of the General Municipal
Law, if located within 500 feet of:
(1)
The Town boundaries; or
(2)
The boundaries of any existing or proposed county
or state park or other recreation area; or
(3)
The right-of-way of any county or state highway; or
(4)
The right-of-way of any existing or proposed stream
or drainage channel owned by the county or for which the county has
established channel lines; or
(5)
The boundary of any existing or proposed county or
state land on which a public building or institution is situated;
or
(6)
The boundary of a farm operation in an agricultural
district.
O.
Where
required, notice shall be given to an adjacent municipality pursuant
to General Municipal Law § 239-nn.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. IV)]
The sketch plan should be at a scale sufficient
to show the entire tract on one sheet, and should show or include
the following:
A.
The location of that portion which is to be subdivided
in relation to the entire tract.
B.
An existing and natural site features analysis which
depicts all structures, wood area, stream, natural features, stone
walls, wetlands, outstanding views and other aspects of the property
around which a subdivision plan should be designed.
C.
The name of the owner and of all adjoining property
owners as disclosed by the most recent deed or tax records.
D.
All streets or roads, streams, water, sewage and gas
and power lines within 500 feet of the subdivision.
E.
The tentative layout of the remainder of the tract
owned by the subdivider.
F.
North point, graphic scale, date and name/address
of subdivider and landowner.
G.
A location map with sufficient information to enable
the locating of the property.
H.
Proposed open spaces.
A.
The preliminary plan shall be clearly and legibly
drawn and ordinarily shall be not less than 11 inches by 17 inches
nor more than 24 inches by 36 inches in size and should, when possible,
show the entire tract to be divided.
B.
The plat shall be based on the concepts presented
in the sketch plan and contain the following information:
(1)
Proposed name of the subdivision. This name shall
not duplicate in spelling or pronunciation any recorded subdivision
within Sullivan County. The name and address of landowner and subdivider
shall also be provided.
(2)
Location by Town, county and state. The plan shall
also include Tax Map numbers for affected and adjacent parcels and
a one inch equals 2,000 feet location map.
(3)
North point, date and graphic scale.
(5)
Locations, and where appropriate, dimensions of parks
and public grounds, permanent buildings in or adjacent to the subdivision,
open space easements and other significant existing site features.
(6)
Approximate locations of existing sanitary sewers,
public water mains, storm sewers, electric power and transmission
lines, gas lines, and all other items above or below ground with direction
of flow and pressure.
(7)
Names of owners of abutting properties, and lines
showing where they intersect.
(8)
Existing contours at intervals of at least every 20
feet. USGS maps may suffice for the basis of this item. The Town reserves
the right to request greater detail when the scope or nature of the
development demands the same.
(9)
Proposed layout of streets, alleys and other public
rights-of-way, including widths and proposed names which shall not
duplicate existing names by spelling or pronunciation. The street
proposals shall be accompanied by a submission of plans as required
by the Town road and street encroachment laws, including profiles,
cross-sections, and preliminary designs for bridges and culverts.
(10)
The proposed layout, numbering and approximate
dimensions and acreage of lots.
(11)
Parcels to be dedicated to the public, or reserved
for their use, or to be reserved by covenant for residents, shall
be shown and marked as such.
(12)
Building setback lines. Where lots are located
on a curve, or side lines are not parallel, the width at the building
line shall be shown.
(13)
All drainage easements shall be shown and marked
as such.
(14)
Approximate final grades in areas of cut or
fill shall be shown.
(15)
Any lots designated for uses other than residential
shall be indicated.
(16)
Proposed covenants and restrictions.
(17)
Evidence of water supply. In cases where no
public water supply is planned as part of the subdivision, the subdivider
shall supply acceptable evidence of the availability of other potable
water source. This evidence may be in the form of recording logs made
by professional well drillers for existing wells.
(18)
Letters from each utility servicing the area
indicating that the utility company is aware of and will provide service
to the proposed subdivision.
(19)
An erosion and sedimentation control plan indicating
those measures to be employed during construction and as may be necessary
to prevent loss of soil from erosion and to prevent resulting property
damage, siltation and contamination of watercourses or impoundments.
(20)
A stormwater management plan prepared in accord
with the requirements hereof and DEC guidelines and standards (see
"Reducing the Impacts of Stormwater Runoff from New Development").
(21)
Documentation as may be required by the New
York State Department of Health or the Planning Board, along with
a soils evaluation by the test pit method and/or other required supplemental
data relating to sewage disposal.
(22)
All applicable zoning data.
(23)
Completed applications to Town of Rockland,
County of Sullivan or the New York Department of Transportation, as
the case may be, for street encroachment or highway occupancy permits.
(24)
Detailed landscaping plans for such common areas
or improvements as may require new landscaping.
A.
After approval of the preliminary plat, the subdivider,
in a manner consistent with the New York State Town Law, shall provide
for the installation of the required improvements (those physical
additions and changes which may be necessary to provide usable and
desirable lots). Before requesting final plat approval the subdivider
must:
(1)
Install all the improvements approved on the preliminary plat or required by § 154-19 standards; or
(2)
File with the Town Board a performance guarantee to
insure installation and construction of those improvements at the
standards required. Such guarantee shall meet with the approval of
the Town Attorney as to form and procedure.
B.
The subdivider shall meet with the Engineer for the
Town to develop a schedule, so that at the time each improvement is
to be installed and upon its completion, adequate inspections can
be made.
C.
This section is designed to be consistent with § 277
of the New York State Town Law, and the Town of Rockland hereby incorporates
all authorities and requirements contained therein as part of this
chapter.
(1)
Posting. The performance guarantee must be approved
by the Town Board and Town Attorney, with the advice of the Engineer
for the Town, and must:
(2)
Be in an amount sufficient to complete the improvements
in compliance with these regulations plus any expected cost increases
over the period of the guarantee. Costs shall be assumed to escalate
a minimum of 10% per year for purposes of determining the amount of
a guarantee.
(3)
In the case of cash or its equivalent, be held in
an escrow fund in the name of the Town of Rockland.
(4)
Specify a satisfactory completion date for improvements which shall, unless extended by mutual consent of the subdivider and the Planning Board, be not more than three years from the date of the final plat approval. Should an extension be granted the amount of the guarantee shall be increased as may be required to cover further cost increases as provided in Subsection C(2), above. Provisions may also be made, pursuant to the aforementioned Town Law § 277, for completion of improvements in phases.
(a)
Return. When the improvements have been completed
and approved for conformity with these regulations by the Planning
Board and Engineer for the Town or other qualified individual designated
by the Town and accepted by the Town Board, the guarantee must be
released and returned. When any of the required improvements have
been completed and approved or materials for the same have been secured
on-site, a portion of the security commensurate with the cost of these
improvements may be released and returned.
(b)
Default. In the event of default, the obligor
and surety shall be liable thereon to the Town of Rockland for the
cost of the improvements or parts thereof not installed. If proceeds
of such bond, or other security are insufficient to pay the cost of
installing or making repairs or corrections to all the improvements
covered by said security, the Town Board may, at its option, install
part of such improvements in all or part of the subdivision or land
development and may institute appropriate legal or equitable action
to recover the moneys necessary to complete the remainder of the improvements.
All of the proceeds, whether resulting from the security or from any
legal or equitable action brought against the subdivider, or both,
shall be used solely for the installation of the improvements covered
by such security, and not for any other municipal purpose.
(5)
Prior to the certification of any improvements or
release of any guarantee, the subdivider shall pay all inspection
and related costs (for professional services, meetings, advertisements
and expenses) associated with the improvements or guarantees. These
costs will be assessed as a special fee apart from the regular fees
provided for in this chapter. Said payment shall be made to the Town
of Rockland.
D.
Where improvements are being dedicated to the Town,
the subdivider shall comply with the applicable requirements of any
other Town laws governing dedication of improvements and submit a
maintenance bond or other approved performance guarantee to guarantee
maintenance and repair of those improvements for 18 months from the
date of dedication. The maintenance bond shall generally be a maximum
of 15% of the costs of improvements, subject to approval of the Town
Board. Similar maintenance agreements may be required for private
streets and nothing herein shall be deemed to require acceptance of
dedication by the Town under any circumstances.
The final plat shall be prepared on one or more
sheets of a uniform size coinciding with requirements of the Sullivan
County Clerk's office. Final plat attachments and exhibits shall be
numbered and labeled in accordance with the requirements of this section
and a subdivision checklist to be developed by the Town. The final
plat shall include, in addition to the information required for the
preliminary plat submission, the following:
A.
Exact locations, widths and names of all streets and
all crosswalks within the subdivision.
B.
Complete curve data for all curves included in the
plat.
C.
Exact descriptions of all easements being provided
for services or utilities in the subdivision, and any limitations
placed on the use of such easements.
D.
Accurate outlines of any lots or areas to be reserved
or dedicated for common use by residents of the subdivision, or for
general public use, with the purpose indicated thereon, including
all open space, conservation or drainage easements.
E.
Front building lines, shown graphically with dimensions.
F.
A final version of all restrictions and covenants,
if any, the subdivider intends to place in the deeds to the lots in
the subdivision. If no such restrictions or covenants are to be imposed,
a statement to that effect shall be included.
G.
The total tract boundary lines of the area being subdivided,
with accurate distances to hundredths of a foot and bearings to one
minute. These boundaries shall be determined by accurate survey in
the field; provided, however, that the boundary(ies) adjoining additional
unplatted land of the subdivider (for example, between separately
submitted final plat sections) are not required to be based upon field
survey, and may be calculated. The location of all boundary line (perimeter)
monuments shall be indicated, along with a statement of the total
area of the property being subdivided. In addition, the engineer or
surveyor shall certify the placement of the monuments.
H.
The final plat shall contain a certificate signed
by the project engineer indicating that all improvements have either
been installed and approved by the proper officials or agencies, or
that a guarantee in an amount satisfactory to the Engineer for the
Town and sufficient to ensure their installation has been submitted
to the Town.
I.
Complete final construction plans and profiles of
installed or proposed public sanitary sewage disposal systems and
storm drains, with grades and pipe sizes, unless on-site sewage disposal
systems are to be used.
J.
Complete final construction plans of installed or
proposed public water distribution systems showing pipe sizes and
locations of valves and fire hydrants, if any, unless private wells
are to be used.
K.
Evidence of actual arrangements made with utility
companies or agencies for supplying each lot in the subdivision.
L.
A key map for the purpose of locating the site to
be subdivided, at a scale of not less than 2,000 feet to one inch,
showing the relation of the property to adjoining property and to
all streets, roads and municipal boundaries existing within 4,000
feet or any part of the property proposed to be subdivided. USGS quadrangle
maps may suffice as a base for such a key map.
M.
Blank approval blocks for the Town Planning Board
stamp and signatures shall appear on every sheet of the set of plans.
N.
A statement that erosion and sedimentation and stormwater
management plans, as required, have been prepared and where appropriate
approved by the Sullivan County Soil and Water Conservation District.
O.
Copies of street encroachment or highway occupancy
permits and complete final construction plans, including agreements
as may be required to ensure maintenance of private streets.
P.
Each final plat submission shall, in addition to the
items required above, include new submissions of preliminary plat
data in any instance where there has been a change in the plans or
the circumstances surrounding them.
A.
Lot improvements shall be exempt from the requirements
contained herein, provided that five copies of a plan prepared by
a licensed land surveyor or professional engineer have been submitted
describing the conveyances involved by metes and bounds and in sufficient
detail to determine the situation fits the criteria below. To qualify
as a lot improvement, the parcels shall:
(1)
Involve the addition of land to an existing parcel
so as to:
(a)
Improve ability of that parcel to comply with
setback or other building standards; or
(b)
Increase suitability of the parcel for building
development; or
(c)
Add to the availability of open space; or
(d)
Resolve a boundary line dispute or produce a
corrected deed if a map reflecting the same is desired for recording
purposes.
(2)
Not substantially reduce the ability of the lot, from
which the lot improvement parcel is taken, to comply with the applicable
standards of this chapter.
(3)
Include a map restriction to the effect that the improvement
parcel will never be considered a separate building lot apart from
the tract to which it is being added.
B.
The Planning Board shall, within 31 days of the receipt of the lot improvement plans, determine whether they comply with the exemption criteria found above. Should it fail to act in the provided time or find the plans do not meet the criteria, such plans shall be processed as a minor or major subdivision. If it finds they do qualify as a lot improvement, the Board shall sign the plans with the following notation: "These plans are acknowledged by the Town of Rockland, and for recording purposes only, to represent an exempt lot improvement in accord with § 154-17 of the Town of Rockland Subdivision Regulations. No subdivision approval is required or given." No person shall record plans for any lot improvement without so first obtaining the Planning Board's clearance.
At the time an application for subdivision approval
is filed, a fee shall be paid to the Town by the subdivider; such
fee to be determined from a schedule of fees as adopted by the Town
Board by resolution. Additional fees may be imposed to cover the costs
of inspections, professional reviews and SEQRA compliance, as well
as the expenses connected with notices and hearings.
A.
Application. The design standards and requirements
set forth in this chapter shall be observed as minimums by the subdivider
in the design of each subdivision within the Town of Rockland. The
Planning Board shall require more restrictive standards where necessary
to protect health, safety and welfare of the public, and where circumstances
unique to the property so dictate.
B.
General site requirements.
(1)
Those areas which are subject to such hazards of life,
health, or property as may arise from fire, flood or noise, or are
considered to be uninhabitable for other reasons, may not be subdivided
for building purposes unless the hazards have been eliminated or the
plans show adequate safeguards correcting the hazards.
(2)
In addition, the Town may rely upon information contained
in its Comprehensive Plan and, in determining and evaluating potential
hazards use historical records, soil evaluations, engineering studies,
expert opinions, established standards used by licensed insurance
companies or in professional practice, and federal, state, or local
policies.
(3)
All portions of a tract being subdivided shall be
taken up in lots, streets, public lands, dedicated open space or other
proposed uses, so that remnants and landlocked areas shall not be
created. The layout of a subdivision shall also be planned with consideration
to existing nearby developments or neighborhoods, so that the development
is coordinated in terms of traffic movement, drainage, and other reasonable
considerations.
(4)
In all subdivisions, care shall be taken to preserve
natural features such as trees, watercourses, views, and historical
features which will add attractiveness and value to the remainder
of the land. Where a subdivision of land is on a site that has a slope
of more than 15% the Planning Board may require larger lot sizes than
the minimum standards set forth herein.
(5)
Damming, filling, relocating or other interference
with the natural flow of surface water along any surface water drainage
channel or natural watercourse shall not be permitted except with
the approval of the Planning Board and, where appropriate, DEC.
(6)
Wherever possible, lot lines shall follow Town boundary
lines rather than cross them, and reserve strips controlling access
to lots, public rights-of-way, public lands or adjacent private lands
are prohibited.
C.
Blocks and lots.
(1)
Blocks shall ordinarily not exceed 1,200 feet in length.
(2)
Pedestrian interior walks or trails may be required
where necessary to assist circulation or provide access to community
facilities and open space. Such walks or trails shall have a right-of-way
width of not less than six feet and be all-weather-surfaced for not
less than three feet in width.
(3)
Blocks shall be of sufficient width to permit two
tiers of lots of appropriate depth, except where an interior street
parallels a major street, or where it backs up to a railroad, creek,
or other natural barrier unsubdivided area.
(4)
Where a subdivision adjoins a major highway (one which
is designated and marked for two lanes or more and carries at least
1,000 vehicles per day), the greater dimension of the block shall
front along said highway, and interior streets may be required to
minimize the number of points of access. Such streets may be required
whenever topographic conditions, traffic density or lack of proper
sight distance dictate for reasons of health and safety. Any subdivision
of five lots or more with frontages averaging less than 300 feet along
the highway shall be subject to this requirement, if the Planning
Board determines, after inspection, that safety demands restricting
access.
(5)
No subdivision shall include more than three lots
where the average depth of the lot is more than four times its average
width.
(6)
Cul-de-sac streets, permanently designed as such,
shall not exceed 2,000 feet in length and shall furnish access to
not more than nine dwelling units. Cul-de-sac streets shall have,
at the closed end, a turnaround with the right-of-way having an outside
diameter of not less than 80 feet and not more than 120 feet and shall
be paved to a diameter of not less than 80 feet and not more than
100 feet. An inside landscaped area of not more than 60 feet in diameter
shall be encouraged. Drainage of culs-de-sac shall preferably be toward
the open end.
(7)
All side lines of lots shall be at approximate right
angles to straight street lines and radial to curved street lines,
except where a variation to this rule will provide a safer layout.
(8)
Double frontage lots shall ordinarily not be platted,
except as specifically provided herein. In that event, a planting
strip of at least 20 feet in width may be required along the back
of the lot.
(9)
If remnants of land exist after subdividing, they
shall be incorporated in existing or proposed lots, unless designated
as common area or dedicated to open space.
(10)
Either of the two sides of a corner lot may
be designated as the front, provided the rear yard shall always be
opposite the frontage so designated.
(11)
All lots shall front on a public or private street (existing or proposed) and the right-of-way of the principal access to any subdivision shall be a minimum of 50 feet in width. However, upon written request by the subdivider, the Town may grant a waiver from this and other street requirements of this chapter to permit access to no more than three single-family residential lots from a private drive, provided a release has been given by the Town and approved by the Town Board making clear that the Town is exempted from all responsibility for the maintenance of the same and that the lot in question is not capable of being subdivided further or is so restricted. Evidence of satisfactory shared arrangements for ownership and maintenance of the drive shall also be provided. Also, see Subsection I(18) hereof.
(12)
Monuments shall be placed at perimeter corners
and the corner of each street, and markers set at the corner of each
lot, consistent with surveyors' professional practice, to permanently
and accurately define the metes and bounds of the block and lots created.
D.
Common open space. Except where such area would be
less than one acre or the Planning Board shall waive the requirement,
not less than 10% of the gross area of the entire tract, exclusive
of lakes or ponds, shall be reserved for common open space directly
accessible from the lots to be created. Such open space shall be suitable
for recreational use of the residents of the subdivision or the general
community. The following and similar facilities shall meet this requirement:
swimming pools, tennis courts, riding and cycling paths, playgrounds,
community centers, and other open areas. Such areas as are designated
for play lots, parks and other outdoor recreational facilities shall
be of a size, shape and other physical characteristics so as to be
free of health and safety hazards and suitable for the designated
use. No portion of the 10% requirement shall be met with wetlands,
slopes exceeding 15% in grade or other otherwise undevelopable areas.
Sites so dedicated shall not be deemed to be accepted by the Town
unless and until the Town Board has taken formal action to accept
the same. The subdivider and the Town may also agree to otherwise
provide recreational land for the use of residents pursuant to the
authority of § 277 of the Town Law, including fees in lieu
of dedication.
E.
Water supply.
(1)
Where a central water supply is available within 1,000
feet of the proposed residential development, the subdivider shall,
if legally and practically feasible, construct a system of water mains
tied to such system and provide a connection for each lot.
(2)
Plans and specifications for central water systems
(i.e., extension of an existing system or a proposed new facility)
shall be prepared by a professional engineer and shall conform to
requirements of the New York State Department of Health and the local
fire district(s). Suitable agreements shall also be established for
the ownership and maintenance of such distribution system.
(3)
The applicant's proposed central water supply must
demonstrate ability to provide a minimum of 100 gallons of water per
capita per day (GPCD) and/or 400 gallons per day (GPD) for each residential
dwelling unit to be serviced. Service to industrial or commercial
establishments shall meet standards established by the American Water
Works Association or insurance industry underwriting standards.
(4)
New central water supply wells shall be sited, drilled,
and tested under the direct supervision of a professional engineer
or a professional groundwater geologist. Wells shall be so located
that no potential pollution sources can exist within a one-hundred-foot
radius (200 feet if located downslope from the pollution source).
Wells shall also be located on reserved parcels.
F.
Sewage disposal.
(1)
All residential lots shall contain suitable areas
for on-site sewage disposal systems or be served by an approved central
sewage disposal system. Plans and specifications for central systems,
as required by the New York State Department of Environmental Conservation
("DEC"), shall be submitted with all preliminary subdivision plats,
and design standards shall meet DEC requirements. Formal approval
of DEC shall be required prior to final plat approval.
(2)
When a central sewage disposal system is located within
1,000 feet of the proposed residential development, the subdivider
shall, if legally and practically feasible, provide a system of collection
lines to connect to said system. Regardless of this requirement, all
subdivision and land developments shall be provided with an adequate
sewage disposal system(s). Central sewage disposal systems shall also
be required for all residential lots and nonresidential developments
where on-site soil conditions are unsuitable for on-lot subsurface
sewage disposal systems.
(3)
Where connection to a central sewage disposal system
is not required, on-site systems shall be provided in accordance with
criteria set forth by the New York Department of Health. The applicant's
professional engineer, subject to the approval of the Planning Board,
shall determine the number and location of test pits and soil percolation
tests necessary to determine the general suitability of soils throughout
the subdivision for on-site subsurface sewage disposal.
(4)
Sanitary sewers shall not be used to carry stormwater.
G.
Erosion and sedimentation. In the event that any subdivider
shall intend to make land changes by grading, filling, excavating
or the removal or destruction of the natural topsoil or vegetative
covering thereon in accordance with a subdivision plan submitted to
the Town, the same shall only be approved and accomplished after the
developer has submitted to the Town an erosion and sedimentation control
plan. Erosion control measures shall be employed as necessary to prevent
loss of soil from erosion and also to prevent resulting property damage,
siltation and contamination of watercourses or impoundments. Erosion
control measures may include hay bales, silt fences or other provisions
or combinations thereof.
H.
Storm drainage.
(1)
A stormwater drainage plan shall be required for major
subdivisions. Such a plan shall be prepared using DEC guidelines and
standards (see "Reducing the Impacts of Stormwater Runoff from New
Development"), but complying with the following standards.
(2)
Stormwater drainage facilities shall be designed to
accommodate storms of a twenty-five-year frequency unless a more stringent
standard shall be required by the Planning Board. The general performance
standard shall be that the amount of uncontrolled stormwater leaving
the site along any property line after development shall not exceed
that estimated for the site prior to development. In instances where
stormwater facilities are impractical for engineering reasons the
Town may modify this standard as it applies to a particular project
but shall provide for the maximum practical reduction in flow which
can be achieved under the circumstances. The subdivider shall provide
full information, prepared by a professional engineer, regarding the
pre-development stormwater flows and estimates at the time of application.
(3)
The following additional requirements shall apply:
(a)
Lots shall be laid out and graded to prevent
cross-lot drainage away from proposed building areas. Natural drainage
courses shall be maintained.
(b)
The existing points of natural drainage discharge
onto adjacent property shall not be altered, nor shall the rate of
water runoff be increased because of development, without the written
approval of all affected land owners.
(c)
No stormwater runoff or natural drainage water
shall be so diverted as to overload existing drainage systems, or
create flooding or the need for additional drainage structures on
other private properties or public lands, without complete approval
of provisions being made by the developer for properly handling such
conditions.
(d)
Stormwater calculations and design shall be
prepared by a professional engineer, land surveyor, landscape architect
or others certified to perform such work.
(e)
Storm drainage facilities should be designed
to handle the anticipated peak discharge from the property being subdivided.
(f)
Where a subdivision is traversed by a watercourse,
there shall be provided a drainage easement of at least 25 feet to
each side of the stream from that stream bank, or such additional
width as will be adequate to preserve the unimpeded flow of natural
drainage.
(g)
Drainage structures that are located on state
highway rights-of-way shall be approved by the New York State Department
of Transportation, and evidence of the same shall be provided to the
Town prior to final plan approval.
(h)
All streets shall be so designed as to provide
for the discharge of surface water from their rights-of-way. The slope
of the crown on proposed streets shall be 1/4 inch per foot away from
the center line.
(i)
All proposed surface drainage structures shall
be indicated on the preliminary plan.
(j)
Drainage plans shall include all appropriate
designs, details and dimensions necessary to clearly explain proposed
construction materials and elevations.
(k)
Whenever storm drains are required by the Town,
such storm sewer systems shall be separate from the sanitary sewer
system. Storm drains or storm sewer facilities may be required in
any development situation where the Town Board determine that surface
drainage facilities are inadequate to prevent excessive erosion and
lot or road maintenance problems.
(l)
Drainage systems shall be designed in accordance
with engineering practice, using hydraulic computations to show effects
of the flow of water. The general standard shall be that the amount
of stormwater leaving the site along any property line after development
shall not exceed pre-development stormwater flows for that area. In
no case shall any pipe system of less than 15 inches in diameter be
used underneath a street or driveway.
(m)
Where a subdivision is traversed by a watercourse,
drainageway, channel, or stream, there shall be provided a drainage
easement conforming substantially with the line of such watercourse,
drainageway, channel or stream, and of such width (minimum 20 feet)
as will be adequate to preserve the unimpeded flow of natural drainage,
or for the purpose of widening, deepening, relocating, improving or
protecting such drainage facilities.
(n)
All drainage systems and structures shall be
subject to the approval of the Engineer for the Town, or any such
other qualified person as may be appointed for this purpose by the
Planning Board.
I.
Street requirements.
(1)
The arrangement, character, extent, width, grade and
location of all streets shall conform to the provisions found herein.
Every subdivision shall have access to a public right-of-way.
(a)
In general, all streets shall be continuous
and in alignment with existing streets and shall compose a convenient
system to insure circulation of vehicular and pedestrian traffic.
(b)
Streets shall be logically related to the topography
so as to produce usable lots and reasonable grades as required by
this chapter.
(c)
Dead-end streets shall be prohibited, except
as stubs to permit future street extension into adjoining tracts,
or when designed as culs-de-sac.
(d)
Where adjoining areas are not subdivided, the
arrangement of streets in new subdivisions shall make provision for
the extension of streets.
(e)
Streets shall be laid out to intersect as nearly
as possible at right angles; in any event, no street shall intersect
another at less than 60°. Intersections of more than two streets
shall be avoided. Where this proves impossible, such intersections
shall be designed with care for safety, and suitable curbs, barriers,
signs and other devices as may be required. Streets entering opposite
sides of another street shall be laid out directly opposite one another
or offset a minimum of 125 feet.
(f)
Street and driveway intersections with arterial
streets shall not be so numerous, nor so close to each other, as to
impede the flow of traffic.
(g)
Clear sight triangles shall be provided at all
street intersections. Within such triangles, no structure or vision-obstructing
object other than utility poles, streetlights, street signs, or traffic
signs shall be permitted which obscures vision above the height of
30 inches and below 10 feet measured from the center line grade of
intersecting streets. Such triangles shall be established from a distance
of 75 feet from the point of intersection of the center lines.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
(h)
Whenever, in connection with a major subdivision,
the principal access (whether public or private) to such subdivision,
by virtue of bridge weight limits of less than 10 tons or other comparable
limitations, would restrict access to the property by emergency vehicles
or school buses, the subdivider shall so indicate in writing on the
final plats to be recorded and shall provide for notification to prospective
lot buyers through deed covenant provisions which shall be approved
by the Planning Board as to form.
(2)
Alleys may be permitted in residential areas under
special circumstances, but in no case shall an alley provide the only
means of access to a lot. Alleys are required on the rear of all commercial
and industrial lots, if no other provisions are made for adequate
service access or for parking.
(3)
Profiles.
(a)
No street grade shall be less than 1% or exceed
the following, with due allowances for reasonable vertical curves:
|
Type of Street or Way
|
Maximum Grade
|
|---|---|
|
Major traffic and collector streets
|
10%
|
|
Minor streets
|
15%
|
(b)
Streets shall have a grade not to exceed 2%
for a distance within 50 feet of the street right-of-way line of any
intersecting street.
(4)
Cross-section. The cross-section gradients of streets
shall be not less than 2%.
(5)
Minimum vertical and horizontal visibility (measured
3.5 feet eye level to tail lights 1.5 feet above ground level), for
curves.
|
Type of Street or Way
|
Minimum Visibility Distance
(feet)
|
|---|---|
|
Major highways
|
500
|
|
Collector streets
|
300
|
|
Minor streets
|
300
|
|
Streets shorter than 500 feet
|
150
|
(6)
The minimum right-of-way widths for streets are as
follows:
|
Type of Street or Way
|
Minimum Right-of-Way Width
(feet)
|
|---|---|
|
Major streets
|
50
|
|
Collector streets
|
50
|
|
Minor streets
|
50
|
|
Alleys
|
25
|
|
Private drives
|
See § 154-19I(18)
|
(7)
On all dead-end roads a turnabout area with an eighty-foot
diameter right-of-way and sixty-foot diameter traveled portion shall
be provided.
(8)
The entire width of the travel way of each street
in a proposed subdivision shall be graded and suitably prepared for
installation of paving and drainage structures, in accordance with
the appropriate standards for the class of street. The subgrade shall
be free of sod, vegetative matter, or other similar material. Where
poor subsurface drainage conditions exist, adequate drainage shall
be installed. The subgrade construction shall conform to minimum standards
of the Town Road Specifications.
(9)
The width of pavement required shall vary, depending
upon the character of the development served and the amount of traffic
expected to utilize the street. The following are minimum street pavement
widths:
|
Type of Street
|
Minimum Shoulder Width
(feet)
|
Minimum Clearance Beyond Shoulder
(feet)
|
Minimum Pavement Width
(feet)
|
|---|---|---|---|
|
Major streets
|
5
|
2
|
24
|
|
Collector streets
|
5
|
2
|
24
|
|
Minor streets
|
3
|
2
|
18
|
|
Private drives
|
See § 154-19I(18)
|
None
|
See § 154-19I(18)
|
(10)
The pavement shall be constructed in accordance
with specifications and standards contained in the Town Road Specifications.
(a)
Street shoulders shall be constructed with materials
as specified by the Town Road Specifications. The entire shoulder
area shall be uniformly and thoroughly compacted by rolling and should
slope gently from the edge of the roadway surface to the drainage
ditch.
(b)
Embankments at the sides of streets and cross-sections
of drainage ditches shall not exceed a maximum slope of three feet
horizontally to one foot vertically in a cut or fill section. In special
cases, the Engineer for the Town may require more rigid standards.
(11)
In commercial or multifamily subdivisions or
any other case where other similar intensive uses exist or are anticipated,
curbs may be required, if such construction is deemed necessary for
public safety by the Planning Board, based on consultation with the
Engineer for the Town and shall be constructed according to good engineering
practice. Curbs shall not be constructed, however, where pavements
are less than 22 feet in width.
(12)
Where the grade of the street is above or below
the grade of the adjacent land, walls or slopes shall be constructed
in a manner satisfactory to the Planning Board, and shall be sufficient
to support the street or the adjacent land, as the case may be. Where
the grade of the street is three feet or more above the grade of the
adjacent land, guards shall be built to protect travel, if required
by the Engineer for the Town.
(13)
All streets, including culs-de-sac and alleys,
shall be constructed as shown on the preliminary and final plat approved
by the Planning Board and in conformity with the Town Road Specifications.
Where such law does not provide a clear standard, the Town may rely
upon the standards promulgated by the New York State Department of
Transportation for local streets.
(14)
Four-way street name signs of a design approved
by the Planning Board will be installed at each street intersection
by the subdivider at his own expense. Streets that are extensions
of, or obviously in alignment with, existing streets shall bear the
name of existing streets. Street names shall not be repeated within
the Town and shall be subject to Planning Board approval.
(15)
Streetlighting is the responsibility of the
applicant to provide, and the lot owners to maintain and operate.
The Engineer for the Town will determine when and if streetlighting
is necessary, evaluating need on the basis of safety considerations
and commonly accepted standards of lighting. Whether or not streetlights
are initially installed, the developer shall be responsible for providing
utility easements for future streetlighting installation, upon consultation
with the public service utility company involved.
(16)
Shade trees and other natural buffers along
any proposed street right-of-way shall be retained to the maximum
extent possible and cuts and fills which would necessitate removing
such cover shall be minimized. Wide swath cuts or removal of natural
vegetation shall not be permitted without compelling safety reasons.
(17)
No driveway, street or drainage facility or
structure shall be constructed or altered within a state right-of-way,
and no drainage facility of the New York State Department of Transportation
shall be altered or connected onto without first obtaining a permit
from the New York State Department of Transportation. No driveway,
local road or drainage facility or structure shall be constructed
or altered within a Town right-of-way, and no drainage facility of
the Town of Rockland shall be altered or connected onto without first
obtaining a permit from the Town of Rockland Highway Superintendent.
(18)
Private drives.
(a)
Individual driveways serving only one single-family
dwelling each shall not be subject to street improvement requirements
of this chapter or on the Town Road Specifications. Also, private
drives to service no more than three single-family dwellings shall
be permitted, provided the Town is given satisfactory evidence, in
the form of declaration of restrictive covenants, that the private
status of said road is permanent and the following standards are met:
|
Street Standard
|
Minimum
(feet)
|
|---|---|
|
Right-of-way
|
50
|
|
Pavement width
|
16
|
|
Shoulder width
|
3
|
(b)
Pavement may consist of any all-weather surface
satisfactory to the Engineer for the Town. If there is a potential
for resubdivision of any of the lots to be serviced by a private drive
such that eventually more than two lots might result, the subdivider
shall provide additional right-of-way as necessary to serve the maximum
potential number of lots. All drainage plans shall be subject to approval
of the Engineer for the Town.
(19)
Nothing contained herein shall be construed
in any way to require the Town of Rockland to accept dedication of
any street. These regulations are intended, rather, to set standards
of construction for private streets and a proposed dedication of any
such streets shall be subject to the specific dedication requirements
of the Town Road Specifications.
J.
Multifamily residential subdivisions.
(1)
Multifamily dwelling projects shall be considered major subdivisions as well as special uses under Chapter 185, Zoning. This "major subdivision" classification shall apply to all subdivisions of property in connection with the development, regardless of whether or not the same are connected with building development, and the approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multifamily dwelling projects, accordingly, will be made to the Town in the manner provided under these subdivision regulations. The subdivider shall also submit all information required by the special use procedures of Chapter 185, Zoning, plus the following additional data:
(a)
An application for multifamily dwelling approval
on a form to be supplied by the Town or, in the absence of such form,
by a letter or brief from the developer or his or her representative
indicating how the development will specifically comply with or meet
the criteria set forth herein.
(b)
A proposed plot plan showing the approximate
(generally within five feet) locations of all buildings and improvements,
including parking areas, planting strips (if any), signs, storm drainage
facilities, water supply, sewage treatment and collection systems
and the specific areas provided as open space in connection with the
requirements of this chapter. Building layouts, floor plans and profiles
shall also be provided indicating building dimensions, numbers, and
sizes of units, common ownership or use areas (apart from the open
space referenced below), lighting and such other information as shall
be required to determine compliance with the design standards contained
herein and any other building standards which may be applicable in
the Town of Rockland. Setbacks from property lines, improvements and
other buildings shall also be indicated.
(c)
A schedule or plan of proposed agreement(s)
either with the Town or a property owners' association for the purpose
of dedicating, in perpetuity, the use and/or ownership of the recreation
area and open space required by this chapter to the prospective dwelling
owners or occupants. Such agreement may be incorporated in the applicant's
proposed covenants and restrictions, but shall in any event provide
to the satisfaction of the Town that maintenance and use of the property,
regardless of ownership, be restricted to either activities intended
for the sole benefit of the occupants of the particular project proposed
or permanent open space as hereinafter provided.
(2)
The Planning Board shall act on the preliminary plat
and special use application concurrently, provided an environmental
assessment is also conducted pursuant to the New York State Environmental
Quality Review Act (SEQRA). No building permit shall be issued to
the applicant, however, until all conditions attached to the approval
of any preliminary plat shall have been satisfied, and nothing herein
shall be construed as permitting the issuance of a building permit
prior to preliminary approval. This requirement notwithstanding, the
building permit application shall be made with the preliminary plat
and shall, if granted, be valid for a period equal to that for preliminary
plat approval. If the preliminary plat shall be rejected no building
permit shall be granted.
(3)
Following preliminary plan approval, the developer
shall provide for the installation of required or proposed improvements,
including, but not limited to, streets, parking areas, storm drainage
facilities, recreational facilities and lighting. Building improvements
shall similarly be completed or guaranteed prior to the applicant's
request for final plat approval. No certificate of occupancy (where
the same is required) shall, however, be issued until such time as
final plat approval shall have been granted in accordance with the
procedures and requirements of this chapter and buildings have been
completed and inspected by the Town Code Enforcement Officer.
(4)
Complete final building plans shall also be submitted
as part of the final plat application.
(5)
No person shall sell, transfer, lease or agree or
enter into an agreement to sell or lease any land and/or buildings
or interests in the individual dwelling units to be created, or erect
any building thereon except in accord with the provisions of this
chapter, unless and until final plat approval shall have been granted
(unless the improvements shall have been guaranteed), and the plan
has been recorded in the office of the Sullivan County Clerk.
(6)
Multifamily dwelling projects shall be granted a 100%
density bonus above the number of dwelling units per acre which would
be permitted within the district if the parcel on which the units
are to be constructed were to be developed for single-family residential
use. Density shall be calculated by taking the total acreage of the
development and deducting the following acreages:
(a)
Land contained within public rights-of-way;
(b)
Land contained within the rights-of-way of existing
or proposed private streets. Where formal rights-of-way are not involved,
the width of the street shall be assumed as 50 feet wide;
(c)
Land contained within the boundaries of easements
previously granted to public utility corporations providing electrical
or telephone service, and dividing by the number of proposed units;
and
(d)
All wetlands, floodplains, slopes of 15% or
greater grade, water bodies and other undevelopable areas.
(7)
All areas of a multifamily development not conveyed
to individual owners and not occupied by buildings and required or
proposed improvements shall remain as permanent open space or be dedicated
to recreation areas to be used for the sole benefit and enjoyment
of the residents of the particular units being proposed. No less than
50% of the tract shall be used for this purpose and fees in lieu of
dedication may not be substituted for such space. Such open space
shall be subject to the following regulations:
(a)
No less than 50% of the open space to be provided (25% of the total tract) shall be dedicated to recreational areas for the sole benefit and enjoyment of the residents of the particular units proposed. Recreation areas (as distinct from other open space) shall be immediately adjacent (part of the same parcel and contiguous) to the proposed units and freely and safely accessible to all residents of the development. They shall not be used to fulfill open space requirements or provide recreational areas for residents of other units, excepting as provided for in Subsection J(7)(c)[2] below. They shall be usable for active recreational activities and shall not include wetlands, quarries, slopes over 15% in grade, water bodies or acreage used for improvements such as storm drainage facilities or sewage effluent disposal areas.
(b)
Land designated simply as open space shall be
permanently maintained as open space and may not be separately sold,
used to meet open space or recreation area requirements for other
developments, subdivided or developed excepting that a holding zone
may be reserved for future development pursuant to density and other
zoning requirements as they presently exist, provided such lands are
specifically defined and indicated as "reserved for future development"
on all plats. Such lands shall not be included in calculating permitted
density for the proposed development. These provisions, however, shall
not be construed as granting or reserving to the developer any rights
or privileges to develop on the basis of a preapproved plan if density
or other zoning requirements shall have been modified to preclude
such development.
(c)
Open space areas shall be permanently maintained
so that their use and enjoyment as open space are not diminished or
destroyed. Such areas may be owned, preserved and maintained by either
one or both of the following mechanisms:
[1]
Dedication to a property owners' association
which assumes full responsibility for maintenance of the open space.
[2]
Deed-restricted private ownership which shall
prevent development of the open space, provide for its maintenance
and protect the rights of owners or occupants of dwelling units to
use and enjoy, in perpetuity, such portion of the open space as shall
have been dedicated to recreation areas for the project. This is intended
to allow the owner/developer to retain ownership and use of a portion
of the property (for hunting, fishing, etc.), provided the permanence
of the open space is guaranteed.
[3]
Whichever mechanism(s) may be used, the developer
shall provide, to the satisfaction of the Town Attorney and prior
to the granting of any final plat approval, for the perpetual maintenance
of the open space and also the use and enjoyment of the recreation
areas by residents of the units being approved. No lots shall be sold
nor shall any building be occupied until and unless such arrangements
or agreements have been finalized and recorded.
[4]
Developments of 50 units or more shall provide
1/2 acre of playground area per 50 units unless restricted to adult
occupancy only.
(8)
All multifamily developments shall be served with
off-site sewage facilities and water supplies. Effluent disposal areas
shall also be subject to the setback requirements applicable to other
multifamily buildings and structures as a minimum.
(9)
The following design criteria shall apply to multifamily
developments:
(a)
There shall be no more than 10 dwellings in
each multifamily building.
(b)
No structure shall be constructed within 50
feet of the edge of any access road to or through the development
or within 10 feet of the edge of any parking area.
(c)
Access roads through the development shall comply
with minor street requirements as specified in this chapter, and no
parking space shall be designed such that a vehicle would be backing
or driving out onto a through road. Instead, there shall be a defined
entrance and exit to and from each parking area.
(d)
No multifamily development shall be served by
more than one entrance and one exit from any public highway, unless
topography or other physical circumstances would preclude the use
of a single entrance in a safe manner.
(e)
Parking spaces of two per unit shall be provided
plus, for every two units intended for rental or other transient occupancy,
one additional space to accommodate parking needs during sales and
other peak visitation periods.
(f)
No more than 60 parking spaces shall be provided
in one lot, nor more than 12 in a continuous row without being interrupted
by landscaping (see landscaping requirements herein). All off-street
parking shall be adequately lighted and so arranged as to direct light
away from residences.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
(g)
No structure shall be erected within a distance
equal to its own height of any other structure.
(h)
All multifamily structures shall be a minimum
of 100 feet from any of the exterior property or boundary lines of
the particular project involved and 75 feet from any public right-of-way.
(i)
Where a property line is not wooded, a planting
strip of 50 feet in width shall be required to buffer adjoining property
owners and ensure privacy. Similar buffering of areas adjoining county
and state highways shall be required. A detailed landscaping plan
shall also be prepared and submitted to the Planning Board for approval.
(j)
Multifamily developments shall be subject to
the stormwater management requirements of these subdivision regulations,
and facilities shall be designed to accommodate storms of a twenty-five-year
frequency unless a more stringent standard shall be recommended by
the Engineer for the Town. The general performance standard shall
be that the amount of uncontrolled stormwater leaving the site along
any property line after development shall not exceed that estimated
for the site prior to development. In instances where stormwater facilities
are impractical for engineering reasons the Engineer for the Town
may modify this standard as it applies to a particular project but
shall provide for the maximum practical reduction in flow which can
be achieved under the circumstances.
(k)
All electrical and other utilities shall be
placed underground and buried to a depth determined by the Engineer
for the Town as sufficient for safety purposes.
(10)
Maintenance of a multifamily project shall be
vested in an association or other legal entity organized prior to
the offering of the first unit for occupancy, or a manager, who may
be the developer, or a person designated by the developer before the
developer offers a unit for occupancy, or the owners or occupants
of units themselves if the total number of owners or occupants within
the development is not more than five. If the developer shall opt
to manage the project or designate a manager, the preliminary application
shall include financial statements, a description of previous management
experience and other data sufficient for the Planning Board to ascertain
the financial responsibility of the manager.
(11)
The association or manager, as the case may
be, shall be responsible for maintenance, repair and replacement of
the common areas of the development, including buildings and, if applicable,
the furniture, fixtures and equipment within the units. The project
instruments shall specify the expenses which the maintenance organization
may incur and collect from purchasers as a maintenance fee and secure
maintenance of the project as well as enforcement of applicable covenants
and restrictions in perpetuity. The Planning Board may require that
a Certified Public Accountant review such financial data for purposes
of determining that proposed fees are, in fact, adequate to secure
maintenance on a continuing basis.
(12)
The developer shall, in filing a preliminary
plat, provide a narrative description of how responsibility for maintenance
and care of the units and common areas will be assured and a pro forma
operating budget for the maintenance organization including a breakdown
of the common expense to be borne by the maintenance organization
and a separation of long-term maintenance costs from ongoing routine
maintenance costs. There shall also be provided a narrative description
of how the developer proposes to assure maintenance and care of the
units and common facilities during any sales program, based on which
the Planning Board may require additional temporary facilities to
accommodate service demands. Copies of all applicable instruments
shall be provided, for purposes of determining that long-term arrangements
for maintenance of common facilities have, in fact, been made by the
developer and/or with the occupants.
(13)
Any developer who proposes to construct multifamily
dwellings and convey the common elements of said multifamily dwelling
project, including recreation areas, to an association of purchasers
of units therein shall submit a maintenance bond or other performance
guarantee acceptable to the Town Board and Town Attorney ensuring
long-term maintenance and repair of said common elements. Such maintenance
bond or other guarantee shall:
(a)
Be for a period of not less than 15 years from
the date of the final approval of said multifamily dwelling by the
Town;
(b)
Be in an amount equal to the amount collected
or to be collected for long-term maintenance (as indicated in the
budget referenced above) by the developer or other responsible parties
from each purchaser, multiplied by the total number of expected purchasers.
(14)
If the development shall be subject to the New
York State statutes governing the sale of real property used for multifamily
occupancy, the developer shall certify as to his or her compliance
with said statutes. To the extent the provisions of such statutes
conflict with this subsection such certification shall suffice as
to conformance with these requirements.
(15)
Conversions of motels, hotels or other existing structures to multifamily dwelling use regardless of whether such conversions involve structural alterations, shall be considered subdivisions and, moreover, be subject to the provisions of this chapter. If the proposed project does involve structural alterations, the preliminary plat shall include a certification of a registered architect or engineer to the effect that the existing building is structurally sound and that the proposed conversion will not impair structural soundness. However, the conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units shall be exempt from these requirements, unless such units are intended to be a condominium. This shall not, however, exempt an owner from any requirements of the State Building Code or Chapter 185, Zoning, as they may pertain to such activities.
K.
Conservation subdivisions.
(1)
The Town of Rockland Planning Board shall be authorized, pursuant to and in supersession of § 278 of the Town Law, to modify applicable provisions of Chapter 185, Zoning, and these subdivision regulations so as to accommodate conservation subdivision projects. Also known as "cluster development," conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities and preserve open space. They shall be allowed anywhere within the Town of Rockland and be processed pursuant to subdivision plat approval procedures.
(2)
The Planning Board may require conservation subdivisions,
as a form of development, in those instances where conventional subdivisions
or residential developments would cause significant loss of open space
or otherwise result in significant negative environmental impacts.
(3)
Conservation subdivisions provide for single-family
dwelling units wherein dwelling units are grouped in sections in order
to maximize the amount of common open space and to preserve the natural
settings. Proposed developments shall be processed in the same manner
as major subdivisions and in accord with the standards below.
(4)
Conservation subdivisions shall include at least five
lots and 10 acres of land, and the Planning Board shall have the authority
to require an alternative sketch plat for any subdivision of 10 lots
or more, depicting how the property might be developed using this
technique. If this alternative sketch plat is determined to provide
a superior design in accord with the purposes of this chapter and
the same density can be achieved, the Planning Board may then require
use of this technique.
(5)
(6)
Only single-family detached and two-family dwellings
shall be employed in this concept. All other dwelling types shall
be considered multifamily dwellings.
(7)
Development standards for lot size, lot width and
lot depth may be reduced, provided no dwelling structure (single-family
or two-family) is located on less than one acre of land where on-site
sewer and water facilities are to be provided or l/2 acre of land
where off-site sewer and water facilities are to be provided; and
further provided the total density (in individual dwelling units)
for the tract shall not exceed that which would result from a conventional
subdivision plan designed in accord with this chapter, as determined
from the basic sketch plan submission. Yard requirements may also
be reduced, but in no instance to less than 40 feet for the front
yard and 30 feet for the side and rear yards.
(8)
No individual parcel of common open space shall be
less than one acre except as to roadway median strips, traffic islands,
walkways, trails, courtyards, play areas, recreation facilities, drainageways
leading directly to streams, historic sites or unique natural features
requiring common ownership protection. No less than 50% of the total
land area of the conservation subdivision shall be dedicated to permanent
open space, and at least 50% of such open space shall be usable for
active recreational activities and not include water bodies, wetlands,
floodplains, slopes over 15% in grade or other undevelopable areas.
(9)
The open space resulting from conservation subdivision
design shall be permanently protected through a conservation easement
and generally titled to a property owners' association (POA) prior
to the sale of any lots or dwelling units by the subdivision. Membership
shall be mandatory for each property owner within the subdivision
and successive owners with voting of one vote per lot or unit and
the subdivider's control, therefore, passing to the individual lot/unit
owners on sale of the majority of the lots or units. All restrictions
on the ownership, use and maintenance of common open space shall be
permanent and the POA shall be responsible for liability insurance,
local taxes, and maintenance of all open space, recreational facilities
and other commonly held amenities. Each property owner must be required
to pay their proportionate share of the POA's cost, and the POA must
be able to file liens on the lot/unit owner's property if levied assessments
are not paid. The POA must also have the ability to adjust the assessment
to meet changing needs.
