A.Â
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.
B.Â
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.[1]
[1]
Editor's Note: § 272 of the Town Law was repealed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.
A.Â
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,[1] 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.
B.Â
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.
A.Â
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[1] and the Town Comprehensive Plan.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
Written endorsement obtained from involved agencies and officials
acknowledging approval of proposed development.
The Architectural Review Board of the Town of Wawayanda,
if so established.
The duly designated licensed attorney for professional consultation
to the Town of Wawayanda Planning Board.
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.
A road designed to accommodate the shared use of the roadway
by bicycles and motor vehicles.
A lane at the edge of a roadway reserved and marked for the
exclusive use of bicycles.
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.
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.
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.
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.
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.
The working drawings and specifications for all improvements
and utilities.
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.
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.
Standards that set forth specific improvement requirements.
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.
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.
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.
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.
The Superintendent of Highways of the Town of Wawayanda.
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.
A structure or place of historical significance. The site
may be designated as such by local, state or federal government.
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.
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.
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.
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.
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.
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.
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.
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[1] for lot size, and for which there exists the legal possibility
of subdivision.
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.
The duly designated, certified professional planner for professional
consultation to the Town of Wawayanda.
The Planning Board of the Town of Wawayanda.
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.
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.
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.
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.
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.
An initial meeting between developers and municipal representatives
which affords developers the opportunity to present their proposals
informally.
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.
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.
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.
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.
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
A street with only one vehicular traffic outlet and having
the other end for the reversal of traffic.
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.
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.
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.
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[2] or these regulations.
See "Official Date of Submission."
A person licensed as a land surveyor by the State of New
York.
The Town Board of the Town of Wawayanda.
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.
The Town Law of the State of New York.
The officially adopted zoning requirements of the Town of
Wawayanda, entitled "Zoning Local Law of Town of Wawayanda," together
with any and all amendments thereto in accordance with Article 16
of the Town Law.
[3]
