This chapter establishes rules, regulations and standards governing the subdivision of land within the Town of Wawayanda, Orange County, New York, pursuant to the provisions of Article 16 of the Town Law of the State of New York and amendments thereto; setting forth the procedure to be followed by the Planning Board in applying and administering these rules, regulations and standards.
This chapter shall be known as the "Land Subdivision Regulations of the Town of Wawayanda, Orange County, New York."
By authority of the resolution adopted by the Town Board on the 7th day of December, 1960, for the purpose of providing for the future growth and development of the Town and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of the residents, the Planning Board of the Town of Wawayanda has been granted the authority to review and approve, approve with modifications or disapprove subdivision plats and to establish rules, regulations and conditions, including the conduct of public hearings for such approval, in accordance with such procedures as provided in §§ 272 through 281, inclusive, of the Town Law of the State of New York and acts amendatory thereof.
Editor's Note: § 272 of the Town Law was repealed by L.1992, c. 663, § 1, eff. July 1, 1993; see now §§ 272-a through 281.
It is declared to be the policy of the Town of Wawayanda Planning Board to consider land subdivision as part of a plan for the orderly, efficient, environmentally sound and economical development of the Town. These regulations shall be administered to ensure orderly growth and development and shall supplement and facilitate the provisions in the Town Comprehensive Plan, Town Zoning Law, Town Official Map and Town Capital Budget. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that proper provisions shall be made for drainage, water supply, sewerage and other needed improvements; that the natural terrain, vegetation, soil, agriculture, historical, cultural, visual and aesthetic resources shall be conserved wherever possible; that all proposed lots shall be laid out and of such size so as to be in harmony with the development pattern of neighboring properties; that the proposed streets shall compose a convenient system conforming and properly related to the proposals shown on the Town Comprehensive Plan, and shall be of such width, grade and location as to accommodate prospective traffic, to facilitate fire protection and to provide access for fire-fighting equipment to buildings; and that proper provision shall be made for open spaces for parks and playgrounds.
In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote public health, safety and welfare.
Where the conditions imposed by any provisions of these regulations are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of these regulations or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are most restrictive and impose higher standards or requirements shall govern.
The Planning Board may waive, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment of the special circumstances of a particular plat or plats, are not required in the interest of the public health, safety and general welfare, or which, in its judgment, are impracticable or would cause undue hardship because of peculiar conditions pertaining to the land in question; provided that the public interest is protected and the development is in keeping with the general spirit and intent of this chapter, the Zoning Law and the Town Comprehensive Plan.
Any subdivider requesting a waiver(s) from the Planning Board shall submit two sets of plans: one set of plans in conformance with all subdivision criteria and one set of alternate plans along with a written explanation of their request for the waiver(s).
No permit for the erection of any building shall be issued unless an adequately improved street or highway, giving access to such proposed structure, is shown upon a plat approved by the Planning Board, or is an existing, adequately improved state, county or town road or is an adequately improved street on a plat duly filed and recorded in the Orange County Clerk's office prior to the appointment of such Planning Board and the grant to such Board of the power to approve plats.
With the exception of § 162-14G, no permit for the erection of any building shall be issued where such building is on a lot forming part of a subdivision on which, according to this chapter, the Planning Board has been required to act, until such time as final Planning Board approval for that subdivision has been obtained in accordance with the procedures set forth in this chapter and the subdivision has been filed in the Orange County Clerk's office.
Each application must be accompanied by fees established by resolution of the Town Board of the Town of Wawayanda; such fees shall be paid to the duly authorized Town official; no plans shall be further reviewed or signed for filing unless all outstanding Town fees, application fees, inspection fees for public improvements and consultation fees are paid in full.
A developer shall be obligated to pay for all reasonable professional review fees incurred by the Town of Wawayanda for services rendered in connection with the developer's project. These fees shall include, but are not limited to, charges by the professionals for review of all plans, fees for review and progress reports as the development progresses and all fees related to on-site inspections.
The Town reserves the right to require the developer to establish an escrow account for the faithful performance of its obligations in connection with the review of their subdivision. The escrow account amount shall be established with the Town and shall be replenished to the agreed amount when the balance falls below 20% of the agreed amount.
A developer shall be obligated to make payments to the escrow account described above within seven business days of receipt of notification from the Town advising that the developer's account needs to be replenished. A developer must also pay all other fees required to be paid hereunder within seven business days of receipt of notification for payment. Failure to remain current with any and all fees shall permit the Planning Board and its consultants to terminate all work and review on the developer's application until such time as all payments are current.
Where subdivision plats filed in the Orange County Clerk's Office prior to the adoption of this chapter are entirely or partially undeveloped, the Planning Board has the authority to approve the development of the plats and may require those portions which are entirely or partially undeveloped to be replotted and improved to the standards and requirements of this chapter and in accordance with § 276, Subdivision 2 of the Town Law. The term "undeveloped" shall mean those plats where 20% or more of the lots within the plat are unimproved.
For the purpose of this chapter, which shall be known as the "Land Subdivision Regulations of the Town of Wawayanda, Orange County, New York," certain words used herein are defined as follows:
- A public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
- The owner of land proposed for subdivision development or the owner's duly authorized representative.
- APPROVAL or APPROVED
- Written endorsement obtained from involved agencies and officials acknowledging approval of proposed development.
- ARCHITECTURAL REVIEW BOARD
- The Architectural Review Board of the Town of Wawayanda, if so established.
- ATTORNEY, PLANNING BOARD
- The duly designated licensed attorney for professional consultation to the Town of Wawayanda Planning Board.
- ATTORNEY, TOWN
- The duly designated licensed attorney for professional consultation to the Town of Wawayanda Town Board.
- A mound of soil, either natural or man-made, used to obstruct views or noise.
- BICYCLE-COMPATIBLE ROADWAY
- A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.
- BICYCLE LANE
- A lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.
- BICYCLE PATH
- A pathway, usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.
- A pathway designed to be used by bikers.
- An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit the view of, and/or sound from, the site to adjacent sites or properties.
- A complete listing of information/documentation to be provided to the Town.
- CLUSTER DEVELOPMENT
- A residential subdivision in which the permissible number of dwelling units that would result in a given district under conventional applications of this chapter is allowed to be constructed on a smaller portion of the land included in the subdivision. Such flexibility of design and development of land shall be used to encourage the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities and to preserve the natural and scenic qualities of open lands under authority of § 278 of the Town Law.
- COMMON OPEN SPACE
- Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements.
- COMPREHENSIVE PLAN
- The materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material, that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the Town located outside the limits of any incorporated village or city.
- CONDITIONAL APPROVAL
- The approval of a plat is subject to conditions set forth by the Planning Board in resolution. Conditional approval does not qualify a final plat for recording. Upon the completion of said conditions to the Planning Board's satisfaction, the plat shall be signed by a duly authorized officer of the Planning Board. The subdivider shall satisfy all conditions and obtain the written certification of the Planning Board within 180 days from the date of conditional approval. This period may be extended by the Planning Board if, in its opinion, the circumstances warrant, for up to two additional ninety-day periods. Failure to meet these requirements shall result in the expiration of conditional approval.
- CONSTRUCTION DETAILS PLAN or CONSTRUCTION PLAN
- The working drawings and specifications for all improvements and utilities.
- DEDICATION LAND
- Where a subdivision borders or includes existing roads that do not conform to street or right-of-way widths as shown on the Official Map or that do not conform to the width requirements of this chapter, or when the County or Town Comprehensive Plans or Highway Departments indicate plans for the realignment or widening of a road that would require use of some of the land in the subdivision, the subdivider shall be required to provide dedication land for widening or realigning such roads on the plat along one or both sides. A minimum of 25 feet from the center line of the existing roadway shall be provided.
- DESIGN PROFESSIONAL
- Architect, landscape architect, land surveyor, professional engineer or other person licensed by the State of New York to practice site planning or preparation of design drawings for review and approval. The design professional's responsibility shall be defined by state law.
- DESIGN STANDARDS
- Standards that set forth specific improvement requirements.
- DETENTION BASIN
- A pond, pool or basin used for the temporary storage of water run-off.
- The legal or beneficial owner or owners of a lot or of any land included in a proposed development. Also, the holder of an option or contract to purchase or any other person having enforceable proprietary interest in such land.
- A planning or construction project involving substantial property improvement and, usually, a change of land-use character within the site; the act of using land for building or extractive purposes.
- The removal of surface water or groundwater from land by drains, grading or other means.
- DRAINAGE FACILITY
- Any component of the drainage system.
- A paved or unpaved area used for ingress and egress of vehicles, and allowing access from a street to a building, other structure or facility.
- A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.
- A person licensed as a professional engineer by the State of New York Education Department.
- ENGINEER, TOWN
- The duly designated, licensed professional engineer for professional consultation to the Town of Wawayanda.
- The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice or gravity.
- Fees held by the Town of Wawayanda that are payable to the Town to cover reasonable costs associated with professional consultation and review.
- An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
- The width of the lot along a public right-of-way or approved private road at the right-of-way line.
- The slope of a street, land or other public way, specified in percentage terms.
- GROUND COVER
- A planting of low-growing plants or sod that, in time, forms a dense mat covering the area, preventing soil erosion and the growth of unwanted plants.
- HIGHWAY SUPERINTENDENT
- The Superintendent of Highways of the Town of Wawayanda.
- HISTORIC DISTRICT
- An area related by historical events or themes, by visual continuity or character or by some other special feature that helps give it a unique historical identity. The area may be designated an historic district by local, state or federal government and given official status and protection.
- HISTORIC SITE
- A structure or place of historical significance. The site may be designated as such by local, state or federal government.
- IMPERVIOUS SURFACE
- A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration of water, such as a rooftop, road pavement, etc.
- A body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.
- Any man-made, improvable item with an expected useful life of at least five years which is affixed to, or embedded in, the ground and serves a lot or lots created by subdivision. Examples of improvements are streets, sidewalks, driveways, curbs, culverts, drainage systems, utilities, water supply systems and sewage collection and treatment systems.
- LANDSCAPED or LANDSCAPING
- Open space features which include, but are not necessarily limited to, the following existing and cultivated elements arranged to produce an ornamental or otherwise desired effect: turf, meadow, rocks, watercourses or water bodies, trees, shrubs, flowers, walls, berms, swales, lanes, paths, stone walls and other similar natural and man-made elements and forms.
- A designated parcel, tract or area of land separated from other parcels or portions, for purpose of sale, lease or separate use, as indicated on a subdivision plat, recorded in the Orange County Clerk's office, or a parcel separated by a public street or railroad right-of-way to be used, developed or built upon as a unit.
- LOT LINE CHANGE
- Any alteration of lot lines, or dimensions of any lots, whether or not shown on a plat previously approved and filed in the Orange County Clerk's office, provided that no new lots are created.
- MAINTENANCE GUARANTEE
- Any security which may be required and accepted by the Town of Wawayanda to ensure that necessary improvements will function as required for a specific period of time.
- OFFICIAL DATE OF SUBMISSION
- The date upon which a sketch plan, preliminary plat or final plat shall be considered submitted to the Planning Board, hereby defined to be the date of the regularly scheduled meeting of the Planning Board, at least 21 days prior to which all required surveys, plans, data, documentation and fees are formally filed with the Secretary of the Planning Board.
- OFFICIAL MAP
- The map established by the Town pursuant to § 270 of the Town Law, showing streets, highways, parks, drainage systems and other features, both existing and proposed, of the Town of Wawayanda.
- OPEN SPACE
- Any parcel, area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners or occupants of land adjoining or neighboring such open space.
- PARENT PARCEL
- Any parcel of land owned individually and separated in ownership from any adjoining tracts of land on the original effective date of these regulations (November 21, 1960), which has a total area which exceeds the minimum requirements of the Zoning Ordinance for lot size, and for which there exists the legal possibility of subdivision.
- PERFORMANCE GUARANTEE
- A security which may be accepted by the municipality in lieu of the requirements that certain improvements be made before the Planning Board gives final approval to a subdivision plat. Such security shall be sufficient to cover the full cost of all incomplete improvements in the subdivision as estimated by the Town Engineer and approved by the Planning Board. Such cost estimation shall be based on the premise that the security amount must be sufficient to provide for the contracting of improvement construction to an uninvolved concern, as may become necessary. Securities shall include such collateral or agreements as are acceptable to the Town Board and Town Attorney, or a bond acceptable to the Town Board and Town Attorney.
- PLANNER, TOWN
- The duly designated, certified professional planner for professional consultation to the Town of Wawayanda.
- PLANNING BOARD
- The Planning Board of the Town of Wawayanda.
- PLAT APPROVAL, CONDITIONAL FINAL
- Approval by the Planning Board of a final plat subject to conditions set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the Orange County Clerk's office.
- PLAT APPROVAL, FINAL
- The signing of a plat, in final form, by a duly authorized officer of the Planning Board pursuant to a resolution granting final approval to the plat 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.
- PLAT APPROVAL, PRELIMINARY
- The approval of the layout of a proposed subdivision as set forth in a preliminary plat but subject to the approval of the plat in final form in accordance with the provisions of these regulations.
- PLAT, FINAL
- A drawing, prepared in a manner prescribed according to the requirements of these subdivision regulations, containing such additional detail as provided herein, all information required to be shown on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of the preliminary plat if such preliminary plat has been so approved.
- PLAT, PRELIMINARY
- A drawing, prepared in a manner prescribed according to the requirements of these subdivision regulations, showing the layout of a proposed subdivision, including, but not restricted to, road and lot layout and approximated dimensions, key plan, topography and drainage, all proposed facilities, including preliminary plans and profiles, at a scale and in such detail as required herein.
- PREAPPLICATION CONFERENCE
- An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally.
- PRELIMINARY LAYOUT
- The drawings of the entire tract which, in part or in entirety, is proposed to be subdivided and submitted to the Board for its consideration for preliminary approval.
- PUBLIC OPEN SPACE
- An open space area conveyed or otherwise dedicated to the Town, a Town agency, school district, federal, state or county agency or other public body for recreational or conservation uses.
- RETAINING WALL
- A structure erected between lands of different elevation to protect a structure(s) and/or to prevent the washing down or erosion of earth from the upper slope level.
- RETENTION BASIN
- A pond, pool or basin used for the permanent storage of water run-off.
- That portion of a street that is paved or otherwise surfaced and ordinarily used for vehicular traffic.
- State Environmental Quality Review Act, Article 8 of the New York State Environmental Conservation Law and the implementing regulations at 6 NYCRR 617.
- SKETCH PLAN
- A drawing showing the general features of a proposed subdivision in accordance with this chapter.
- A way for vehicular traffic, whether designated as a street, highway, throughway, thoroughfare, alley, road, avenue, boulevard, right-of-way, lane, place or other designation. Streets are classified as follows
- STREET, DEAD-END or CUL-DE-SAC
- A street with only one vehicular traffic outlet and having the other end for the reversal of traffic.
- STREET, STUB
- A dead-end street with an extended right-of-way to the subdivision boundary, irrevocably offered for dedication to the Town, which provides for future continuation of the street. The right-of-way shall remain free from any improvements.
- Any person, firm, corporation, partnership or association who shall lay out land for subdivision or any part thereof, as defined herein, either for himself or others.
- The division of a parcel of land into a number of lots, blocks or sites, with or without streets or highways, for the purpose of sale, transfer of ownership or development. Subdivision shall include any change of an approved or recorded subdivision plat if such change affects any street layout or improvements shown on such plat or any area reserved thereon for public use; or any change to a plat filed prior to the adoption of any regulations controlling subdivisions. For the purposes of these subdivision regulations, a parcel shall be considered to have already been subdivided into two or more lots if bisected by one or more public streets or railroad rights-of-way, or if shown as a separate conforming parcel on the official tax record prior to November 21, 1960.
- SUBDIVISION, CASUAL
- Any subdivision of land containing no more than two lots. (This means one building lot and the remainder of the parent parcel.) Only one casual subdivision can be approved on any one parent parcel. Any further subdivision must be classified as either a major or a minor subdivision.
- SUBDIVISION, MAJOR
- Any subdivision not classified as a casual subdivision or a minor subdivision, including but not limited to subdivisions of five or more lots, (this means four building lots and the remainder of the parent parcel), or any size subdivision requiring any new street or extension of municipal facilities.
- SUBDIVISION, MINOR
- Any subdivision containing not more than four lots (this means three building lots and the remainder of the parent parcel) fronting on an existing street, not involving any new public street or road or the extension of municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, Zoning Law or these regulations.
- SUBMITTAL DATE
- See "Official Date of Submission."
- A person licensed as a land surveyor by the State of New York.
- TOWN BOARD
- The Town Board of the Town of Wawayanda.
- TOWN DEVELOPMENT PLAN
- A comprehensive, long-range plan, adopted by the Town and as may be amended from time to time, intended to guide the growth and development of the Town of Wawayanda; includes analysis, recommendations and proposals for the Town's population, economy, environment, housing, transportation, community facilities and land use.
- TOWN LAW
- The Town Law of the State of New York.