In order that land subdivisions may be made
in accordance with this policy, this Part 2 shall be known as and
may be cited as the "Village of Woodbury Land Subdivision Regulations."
The Clerk of the Village, said Village having
authorized its Planning Board to approve plats showing lots, blocks
or sites, with or without streets or highways, or the entire or partial
development of plats filed in the office of the Orange County Clerk
in which such plats are located or to approve preliminary plats, as
provided in this Part 2, shall immediately file a certificate of that
fact with the Orange County Clerk.
As used in this Part 2, the following terms
shall have the meanings indicated:
Relocation or revision of a lot line of a lot, which revision
is not intended to create a new lot for development purposes and which
revision will result in land area to become part of an existing adjacent
lot or parcel, provided that such boundary line change or lot line
change does not create or increase any nonconformity, does not create
a parcel at variance with the bulk requirements of the zoning district
in which such parcel is located and, in the opinion of the Planning
Board, does not present any major planning issues.
[Amended 4-26-2011 by L.L. No. 2-2011]
A Comprehensive Plan as provided for in § 7-722
of the Village Law, identifying the goals, objectives, principles,
guidelines, policies, standards, devices and instruments for the immediate
and long-range protection, enhancement, growth and development of
the Village.
The approval of a final plat subject to conditions set forth by the Planning Board in its resolution conditionally approving the plat. Conditional approval does not qualify the final plat for recording. At the time of the resolution conditionally approving the plat, the Planning Board must empower a duly authorized officer of the Planning Board to sign the plat, subject to completion of the requirements stated in the resolution. Upon completion of these requirements, the plat must be signed by the officer so designated and filed in the Orange County Clerk's office in accordance with the provision of the Village Law § 7-728 and this Part 2.
A drawing or set of drawings, conforming to the final plat, showing details of engineering and construction as required by § 272-29.
Authorization by a property owner for the use by another
and for a specified purpose of any designated part of his property.
A person licensed as a professional engineer by the State
of New York.
A drawing in final form, prepared in a manner prescribed
by local regulation, showing a proposed subdivision, containing in
such additional detail as shall be provided by local regulation or
any other applicable state law or local law, ordinance, rule, regulation
or resolution all information required to appear on a preliminary
plat and the modifications, if any, required by the Planning Board
at the time of approval of a preliminary plat of such proposed subdivision,
if such preliminary plat has been so approved.
The signing of a final plat by a duly authorized officer
of the Planning Board after a resolution granting final approval to
the plat or after conditions specified in a resolution granting conditional
approval of the plat are completed. Such final approval qualifies
the plat for recording in the Orange County Clerk's office.
See "street."
A parcel or portion of land separated from other parcels
or portions for purpose of sale, lease or separate use by means of
a description as indicated by a subdivision plat, a recorded map or
deed or by metes and bounds or separated by a public street or railroad
right-of-way.
The map, if adopted by the Village Board under § 7-724
of the Village Law, showing the streets, highways and parks theretofore
laid out, adopted and established by law and any amendments thereto
adopted by the Village Board resulting from approval of subdivision
plats by the Planning Board and the subsequent filing for record of
such approved plats.
A district in which a planned mix of residential, commercial
and industrial uses is sanctioned, the plan for which does not necessarily
correspond in lot size, bulk or type of dwelling or commercial use,
density, lot coverage and required open space to the regulations established
in any districts created in the Village of Woodbury, which is calculated
to achieve compatible and efficient use of the land.
The Planning Board of the Village of Woodbury.
A drawing prepared in a manner prescribed by local regulation
showing a proposed subdivision or a planned unit development, containing
in such additional detail as shall be provided by local regulation
all information required to appear on a preliminary plat and the modifications,
if any, required by the Planning Board at the time of approval of
the preliminary plat of such proposed subdivision, if such preliminary
plat has been so approved.
A drawing prepared in a manner prescribed by local regulation,
showing the salient features of the layout of a proposed subdivision
submitted to the Planning Board for purposes of consideration prior
to submission of the plat in final form, including but not restricted
to road and lot layout and approximate dimensions, key plan, topography
and drainage, all proposed facilities unsized, including preliminary
plans and profiles, at suitable scale and in such detail as local
regulation may require.
The approval by the Planning Board of the layout of a proposed
subdivision as set forth in a preliminary plat but subject to approval
of the plat in final form in accordance with the provisions of this
Part 2.
The minimum acceptable standards of street construction for
proposed roads within subdivisions, as adopted by the Village Board
as highway specifications.
The total land of any owner, whether part or all of such
owner's land is submitted for plat approval.
A way for vehicular traffic, whether designated as a street,
highway, parkway, thruway, road, avenue, boulevard, lane, place or
however else designated. Unless the boundary of a street is established
at a width of less than 50 feet by a legal description of record or
by a wall, a fence or other monuments, the boundary of the same shall
be presumed to be not less than 25 feet from the center line of the
traveled way and may be located at a substantially greater distance
from such center line. The term "street" includes the land between
the street boundary lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, sidewalks, planted strips,
parking areas and other areas within street boundaries.
A street which carries traffic from local or minor streets
to major or Village arterial streets and highways, including the principal
entrance streets of larger residential developments.
A street or a portion of a street with only one vehicular
traffic outlet.
A street not normally open for public use, but which may
be approved in conjunction with a subdivision plat as a secondary
means of access to a lot or subdivision for emergency access only.
A street intended to serve primarily as an access to abutting
properties.
A street which serves or is designated to serve heavy flows
of through traffic and which is used primarily as a route for traffic
between communities and/or other heavy traffic between communities
and/or other heavy traffic-generating areas.
A street which is parallel to and adjacent to major or Village
arterial streets, and which provides access to abutting properties
and protection from through traffic.
The full width of a publicly maintained traveled way, whether
acquired through dedication or by use. It may include pavement, shoulders,
ditches or gutters, culverts or sluice ways. It may be defined in
metes and bounds and be filed with the proper authorities or it may
have been used and maintained by the public for a period of 10 years
or more.
A street located on private property designed to provide
access to the buildings on the property for the purposes of delivery
of goods, equipment or materials or for the repair and maintenance
of such buildings.
A street designed to provide a connection to possible future
development outside the subdivision so that continuity of traffic
circulation can be maintained.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself or others.
The division of any parcel of land into two
or more lots, plots, sites or the other divisions of land for immediate
or future sale or for building development, regardless of whether
or not any new streets or highways are created or to be created; or
The development of a plat already filed in the
Orange County Clerk's office, if such plat is entirely or partially
undeveloped and regardless or whether or not streets or highways are
shown on said plat.
Any subdivision or series of subdivisions containing no more
than four lots (excluding the parent parcel from which they are subdivided)
over a ten-year period.
[Added 4-9-2020 by L.L. No. 3-2020]
The Highway Superintendent of the Town of Woodbury.
A person licensed as a land surveyor by the State of New
York.
The Village of Woodbury in the County of Orange and the State
of New York.
The Village Board of the Village of Woodbury.
The duly designated Engineer of the Village.
Chapter 310, Zoning, of the Code of the Village of Woodbury.
All developments governed by this Part 2 shall comply with Chapter 143, Fees, for the reimbursement of consulting fees; Chapter 8, Architectural Review Board, creating an Architectural Review Board; Part 1 of this chapter requiring central water and sewers in developments; General Municipal Law § 239-n requiring certain subdivision plats to be submitted to the Orange County Planning Department for approval; the Village Law § 7-738 for clustering; Environmental Conservation Law §§ 8-0101 to 8-0115, Environmental Quality Review, and §§ 24-0101 to 24-1303, Freshwater Wetlands.
[Added 3-23-2023 by L.L. No. 5-2023]
An application pending before the Planning Board shall be deemed
abandoned and withdrawn by the applicant, and shall be discontinued
by the Board, after a lapse of 12 months without reasonable steps
having been taken by the applicant to advance the application, brought
to the attention of the Planning Board by way of a status report or
other similar action. After a lapse of 11 months, and prior to the
application being discontinued by the Board, the Board shall advise
the applicant in writing that the project will be discontinued within
30 days. The Board may, within 60 days thereafter, entertain a request
for reinstatement of the abandoned application based on good cause
shown. Upon the discontinuance of an abandoned application, the applicant
shall be entitled to receive a refund of any unexpended sums held
on deposit by the Village in connection with the application, and
shall be responsible for reimbursement to the Village of any reimbursable
costs attributable to the application which the deposit was insufficient
to satisfy.
[Amended 4-9-2020 by L.L. No. 3-2020]
In the case of a minor subdivision, the Planning
Board in its discretion may waive any or all of the requirements of
this Part 2, except the requirements of a public hearing; provided,
however, that a plot plan of said minor subdivision with metes and
bounds description certified by a licensed surveyor shall be presented
by the subdivider to the Planning Board for its approval and shall
be filed with a notation thereon as to the provisions of this Part
2 which are waived as to said subdivision.
