A.
The purpose of this article is to establish the procedure
for Planning Board review and action on applications pursuant to this
chapter. The procedure is intended to provide orderly and expeditious
processing of such applications.
B.
Whenever any subdivision of land is proposed, and
before any contract for the sale of land or any offer to sell such
subdivision or any lot or part thereof is made, and before any grading,
clearing, construction, filling or other improvement is undertaken
therein and before any permit for the erection of a structure in such
proposed subdivision shall be granted, the subdivider or his authorized
agent shall apply for and attain final approval of such proposed subdivision
in accordance with and in the sequential order of the following procedures:
(1)
At the request of the applicant, an informal meeting
may be scheduled with the Town and its consultants at its regular
workshop meeting.
(2)
Submission of application, sketch plan, necessary
supporting data, documentation and fees to the Planning Board.
(3)
Review by Planning Board.
(5)
Submission of application, preliminary plat, necessary
supporting data, documentation and fees to the Planning Board.
(6)
Review by Planning Board.
(7)
Submission to other interested agencies for review
and comment, as required.
(8)
Compliance with SEQR procedures.
(10)
Submission to other involved agencies for review
and approval, as required.
(11)
Submission of application, final plat and all
data, documentation and fees as required or requested by the Planning
Board.
(12)
Review by Planning Board.
(14)
Completion of revised plat and completion and
acceptance of improvements or posting of performance bond within the
conditional approval time constraints.
(15)
Approved final plat is signed by authorized
official of the Planning Board for filing.
(16)
Final plat is filed with the Orange County Clerk's
office and the Planning Board within 62 days.
C.
If an
applicant has not advanced a residential subdivision application before
the Planning Board for a period of 12 months, or provided an update
on a pending application to the satisfaction of the Planning Board
within a period of 12 months, such application shall be deemed abandoned
and shall be closed by the Planning Board. In such event, if the applicant
chooses to proceed with the proposed project review, the applicant
shall be required to submit a new application, including a full application
fee.
[Added 5-11-2022 by L.L. No. 2-2022]
(1)
Any
applicant seeking to extend its application past such twelve-month
period must make a written request to the Planning Board at least
60 days prior to the expiration of the twelve-month period. Such request
shall include a statement regarding the status of the application
and the reason for the requested extension. The Planning Board shall
approve the extension only upon a finding that the reason for the
extension is acceptable to the Board in its discretion.
(2)
If
such extension is granted, the applicant shall be required to pay
an additional fee to the Town. Such fee shall be established by resolution
of the Town Board from time to time.
(3)
If
the application was referred to the Planning Board in relation to
a violation notice or enforcement action, the applicant shall be required
to pay a further additional fee for any extension granted by the Planning
Board, in addition to the other fees set forth herein. Such fee shall
be set by resolution of the Town Board from time to time.
(4)
This Subsection C shall not apply to any applicant whose application is lawfully and properly awaiting approval from an outside agency. If an applicant is lawfully and properly awaiting approval from an outside agency, the applicant shall be permitted to provide updates by mail or paper submission to the Planning Board.
D.
If at
any time the ownership of a parcel changes during the pendency of
an application in a manner that would change the applicant, the application
shall be modified to properly identify the new applicant.
[Added 5-11-2022 by L.L. No. 2-2022]
A.
Before preparing a detailed proposal, the subdivider
may request an informal meeting with the Town of Wawayanda Planning
Board to notify the Board of his intentions and familiarize himself
with the requirements of this chapter, other regulations, the policies
of the Planning Board and other information that may be pertinent
to the subdivision. The purpose of this meeting, however, is not for
the Planning Board to provide design information or make decisions
for the applicant with regards to zoning code or subdivision regulations.
These meetings shall take place as informal discussions during a regularly
scheduled workshop meeting.
B.
The applicant should also discuss the proposal with the Orange County Department of Health, if necessary, which may also be responsible for the adequacy of water supplies and sewage disposal facilities. Under certain conditions, the subdivider may also need the approval of the state or county highway agencies, the Town Highway Department, the New York State Department of Environmental Conservation, New York State Department of Health, Orange County Department of Health, the Orange County Planning Department and others involved, such as federal, state and local agencies. Applicants seeking a preapplication meeting shall submit the information stipulated in Article IV of these regulations at least five working days prior to the preapplication meeting. The applicant may be charged reasonable fees for a preapplication meeting. The applicant shall not be bound by the determination of the preapplication meeting, nor shall the Planning Board or review committee be bound by any such review.
A.
Prior to filing a preliminary plat, the subdivider or his duly authorized representative shall submit a sketch plan showing the basic proposed layout and other information required in § 162-28 of this chapter. At least 12 copies of this sketch plan and all required documents, information and fees shall be delivered to the Planning Board Secretary or other authorized official at least seven days before the next regularly scheduled Planning Board work session.
B.
After review of the sketch plan, but within 62 days
of the official date of submission of the sketch plan, the Planning
Board will approve the sketch plan or recommend modification. The
purpose of the sketch plan is to provide the Planning Board input
in the formative stages of subdivision design. The applicant shall
not be bound by any sketch plan, nor shall the Planning Board be bound
by any such review. Concerns surfacing during the more detailed preliminary
and final plat review may necessitate revision of the initial proposal,
as presented in the sketch plan.
A preliminary plat for both major and minor subdivisions shall be prepared and submitted in accordance with § 162-29 or § 162-31 respectively. (Preliminary plat approval for casual subdivision/lot line change is not required)
A.
A preliminary plat for both major and minor subdivisions shall be prepared and submitted, showing, in detail, how the subdivision is to be designed, the details of construction, any proposed covenants and other items required in § 162-29 or 162-31 (as applicable) of this chapter and clearly marked "preliminary plat." Twelve copies shall be submitted. A public hearing shall be held within 62 days after SEQR compliance and receipt of all necessary information required by this chapter, fees and complete plans. Such hearing shall be advertised by the Town at least once in the official Town newspaper at least 14 days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. Not less than seven days prior, notifications shall be sent by the applicant, certified return receipt requested, to all property owners within 500 feet of the property in question and to any other persons the Board feels may be particularly affected. The Town will provide the applicant with the list of names and addresses for notification. After the public hearing, the Board shall move to close or to adjourn the public hearing. If the hearing is closed, the Planning Board shall act within 62 days of the public hearing closing to approve, with or without modifications, or disapprove the preliminary plat. This period may be extended by mutual written consent of the applicant and the Planning Board. The grounds for modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board. In the event that the Planning Board fails to take action on a preliminary plat within the time prescribed, such preliminary plat shall be deemed granted preliminary approval. The certificate of the Town Clerk as to the date of submission, and the failure of the Planning Board to take action within such prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
[Amended 3-4-2021 by L.L. No. 2-2021]
B.
Review by other agencies. Where review is required
by other town, county, state or federal agencies, all approvals, permits
and/or review of these agencies shall be filed by the subdivider with
the Planning Board as part of the final plat submission.
C.
Study of preliminary plat. The Planning Board shall
study the practicability of the preliminary plat, taking into consideration
the requirements of the community and the best use of the land being
subdivided. Particular attention shall be given to the arrangement,
location and width of streets; the topography of the land; water supply,
sewage disposal and drainage; lot sizes, shapes and arrangements;
the possible future development of adjoining lands as yet unsubdivided;
the health, safety and welfare of the public; and the requirements
of the Town Comprehensive Plan, Zoning Law[1] and other matters enumerated in § 277 of the
Town Law. The Planning Board may require the location of temporary
markers at property corners and along street center lines to facilitate
inspection of the site.
D.
Completion of SEQR procedures. All requirements of
the State Environmental Quality Review Act must be implemented and
completed prior to any action on the preliminary plat by the Planning
Board.
E.
Applicant to attend Planning Board meeting. The subdivider
or his representative shall attend the regular meeting of the Planning
Board to discuss the final plat submission and any modifications to
the approved preliminary plat. The applicant may attend workshop meetings
to help clarify issues raised by the Planning Board. However, attendance
is not mandatory for workshop meetings.
F.
Approval of the preliminary plat. A resolution to
approve, with or without modification, or disapprove shall be filed
with the Town Clerk within five business days of such resolution,
and a copy of the resolution shall be mailed to the applicant.
G.
Approval of the preliminary plat does not constitute
approval of the final plat. Rather, it shall be deemed an expression
of approval of the proposal submitted on the preliminary plat and
used as a guide to the preparation of the final plat, which will be
submitted for approval by the Board and for recording upon fulfillment
of the requirements of these regulations.
H.
Expiration of approval. Planning Board approval of a preliminary plat shall expire two years after the date of mailing of the resolutions in accordance with Subsection F herein. Extensions of time may be given upon petition to the Planning Board prior to expiration; however, no more than two one-year extensions may be granted. Such extension may be granted only if the proposed subdivision fully conforms to the Zoning Code and regulations in effect at the time such extension is applied for. No Planning Board action will be taken after such expiration until a new application and filing fee are submitted.
[Amended 9-2-2010]
I.
Notice to County Planning Department. The Planning
Board shall refer all applicable preliminary plats to the Orange County
Planning Department for their review and comment pursuant to the agreement
between such agencies.
A final plat for major subdivisions, minor subdivisions and casual subdivisions/lot line changes shall be prepared and submitted in accordance with § 162-30, § 162-32 or § 162-33, respectively.
A.
Final plats which are in substantial agreement with approved preliminary plats where applicable. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to § 162-14, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of the receipt of the complete final plat by the Planning Board.
B.
Final plats which are not in substantial agreement
with approved preliminary plats where applicable. When a final plat
is submitted which the Planning Board deems not to be in substantial
agreement with the preliminary plat approved pursuant to this section,
the following shall apply:
(1)
Final plats not in substantial agreement with approved
preliminary plats may require further review under the State Environmental
Quality Review Act (SEQR).
(2)
The Planning Board shall hold a public hearing on such final plat not later than 62 days after receipt of the complete final plat. The hearing shall be noticed in accordance with § 162-14. (Note: For lot line changes where no lots are created, the Board may waive this requirement.)
(3)
The Planning Board shall, by resolution, conditionally
approve, with or without modification, disapprove or grant final approval
and authorization of the signing of such plat, within 62 days after
the date of the public hearing. The grounds for a modification, if
any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
C.
Review by other agencies. Where review, approval or
permits are required by other town, county, state or federal agencies,
written approvals and/or permits from these agencies shall be filed
by the subdivider with the Planning Board as part of the final plat
submission. The Planning Board may not take action on a project with
any outstanding approvals pending.
D.
Performance bond estimate and inspection fee. An estimate
of the construction cost for all proposed subdivision improvements
shall be prepared. Such estimate shall be based on anticipated expenses
the Town would incur in the event that the responsibility of improvement
construction is consigned to the Town. Such estimate shall be provided
by the applicant's engineer, approved by the Town Engineer and must
be based upon prevailing wages. This estimate and the corresponding
improvement inspection fee of 4% of the estimated construction cost
shall be submitted to the Planning Board as a condition of final approval.
E.
Applicant to attend Planning Board meeting. The subdivider
or his representative shall be prepared to attend the regular meeting
of the Planning Board to discuss the final plat submission and any
modifications to the approved preliminary plat. Failure of the applicant
or their duly authorized representatives to attend the meeting shall
result in the application being removed from the agenda and an automatic
waiver of time frames for decision in this chapter. The applicant
may attend workshop meetings to help clarify issues raised by the
Planning Board. However, attendance is not mandatory for workshop
meetings.
F.
Approval of final plat. Upon a resolution granting
conditional approval, with or without modification, approval or disapproval
of the final plat, the Planning Board shall, within five days of such
resolution, file a copy with the Town Clerk, and a copy of the resolution
shall be mailed by certified mail to the applicant. This copy shall
include a statement of such requirements which, when completed, will
authorize the signing of the conditionally approved final plat.
G.
Expiration of approval. The signature of the duly
authorized officer of the Planning Board constituting final approval
by the Planning Board of a plat as herein provided; or the approval
by such Board of the development of a plat or plats already filed
in the Orange County Clerk's office or register of the county in which
such plat or plats are located if such plats are entirely or partially
undeveloped; or the certificate of the Town Clerk as to the date of
the submission of the final plat and the failure of the Planning Board
to take action within the time herein provided, shall expire within
62 days from the date of such approval, or from the date such certificate
is issued, unless, within such sixty-two-day period, such plat, or
a section thereof, shall have been duly filed or recorded by the owner.
In the event that the owner shall file only a section of such approved
plat in the office of the County Clerk, the entire approved plat shall
be filed within 30 days of the filing of such section with the Town
Clerk in each Town in which any portion of the land described in the
plat is situated.
H.
The time in which the Planning Board must take action
on such plat may be extended by mutual written consent of the applicant
and the Planning Board. In the event that the Planning Board fails
to take action on a final plat within the time prescribed, the plat
shall be deemed approved, and certification as to the date of submission
and the failure to take action within such prescribed time shall be
issued on demand by the Town Clerk and shall be sufficient in lieu
of written endorsement or other evidence of approval herein required.
Final plat approval shall be deemed conditional
when public or private improvements are required; and final approval
with authorization for the signing of the final plat shall not be
granted until the subdivider has complied with the following provisions:
A.
Furnishing of security to guarantee completion of infrastructure and improvements. As an alternative to the installation of infrastructure and improvements, and prior to Planning Board approval, a performance guarantee sufficient to cover the full cost of the same shall be furnished to the Town by the applicant. The form and amount of security must comply with and be subject to the approvals and applicable requirements set forth in § 158-5A and B of the Street Specifications Code of the Town of Wawayanda.
[Amended 5-3-2007 by L.L. No. 3-2007]
B.
Security where plat approved in sections. In the event
that the owner shall be authorized to file the approved plat in sections,
approval of the plat may be granted upon the installation of the required
improvements in the section of the plat to be filed or upon the furnishing
of security covering the costs of such improvements. The applicant
shall not be permitted to begin construction of buildings in any other
section until such section has been filed in the office of the County
Clerk or register and the required improvements have been installed
in such section or a security covering the cost of such improvements
is provided.
D.
(Reserved)
E.
(Reserved)
F.
Notice to County Planning Department. The Planning
Board shall refer all applicable final plats which are not in substantial
conformity with the preliminary plat to the Orange County Planning
Department for their review and comment pursuant to the agreement
between such agencies.
G.
The appropriate inspection fee must be provided in
a Town escrow account prior to any issuance of a building permit or
prior to any on-site construction.
Prior to granting final approval or conditional
approval of a plat in final form, the Planning Board may permit the
plat to be divided and developed into two or more sections and may,
in its resolution granting conditional approval or final approval,
state such requirements as it deems necessary to ensure that the orderly
development of the subdivision be completed before said sections may
be signed by the duly authorized officer of the Planning Board. Conditional
approval or final approval of the sections of a final plat, subject
to any conditions imposed by the Board, shall be granted concurrently
with conditional or final approval of the plat. Any section shall
encompass at least 10% of the total number of lots shown on the plat.
Such approval shall expire three years from the filing of the first
section of said plat.
A.
Conditional approval of a final plat shall expire
within 180 days after the date of filing of the resolution granting
conditional approval unless all such conditions have been certified
as completed. The Planning Board may extend the time in which a conditionally
approved plat in final form must be submitted for signature if such
extension is warranted by the particular circumstances thereof. The
applicant must submit written application for an extension to the
Planning Board prior to the time the approval expires. Such extensions
shall not exceed two additional periods of 90 days each.
B.
Upon receipt of notification from the Town Engineer,
Planning Board Attorney or other Town officials and consultants that
all conditions have been completed in accordance with the aforementioned
requirements, the authorized official of the Planning Board shall
sign the final plat as approved by the Board. Such approval in no
way indicates acceptance of the subdivision improvements for public
dedication.
The subdivider shall file all necessary copies
of the certified plat in the Orange County Clerk's office and obtain
the county map file number within 62 days of signature by the Planning
Board. Consistent with county requirements, all drawings should be
of the size dimension acceptable to the Orange County Clerk's office.
