[HISTORY: Adopted by the Town Board of the Town of Highland
by L.L. No. 3-1997. Amendments noted where applicable.]
This chapter provides for the regulation of subdivisions within
the Town of Highland, Sullivan County, New York. It may be cited as
the "Town of Highland Subdivision Local Law."
By resolution dated April 13, 1979, the Town Board of the Town
of Highland granted the Town Planning Board the authority to approve
plats for the subdivision of land within the Town of Highland.
This chapter is adopted for the following purposes:
A.
To promote the orderly, efficient, aesthetic and economical growth
and development of the Town.
B.
To provide for the health, safety and welfare of Town residents and
preservation of the environment.
C.
To minimize foreseeable maintenance and improvement problems, as
well as economic burdens associated with subdivision of land.
A.
When any subdivision of land is proposed, before any offer is made
to sell any part or all of the 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 are undertaken,
the subdivider or his authorized agent shall receive the appropriate
approval of the proposed subdivision in accordance with the procedures
and requirements of this chapter.
B.
It shall be the obligation of each prospective purchaser 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,
no building permit shall be issued and a prospective purchaser shall
not commence the erection of any structure on such lot, nor commence
any grading, clearing, construction or other improvements.
C.
This chapter shall apply to all subdivisions of land made on or after
its effective date.
[Amended 7-14-2009 by L.L. No. 4-2009]
A.
The provisions of this chapter, in its interpretation and application,
shall be held to 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 ordinance, law, rule or regulation, statute or provision
of law. Where any of the provisions of this chapter impose restrictions
different than any other ordinance, law, rule or regulation or other
provision of law, whichever provisions are more restrictive or impose
higher standards shall control. This chapter, however, shall replace
the subdivision regulations approved by the Town Board on February
1, 1990.
The Planning Board may waive, when reasonable, any requirements
or improvements for the approval, approval with modifications or disapproval
of subdivisions submitted for its approval. Any such waiver, which
shall be subject to appropriate conditions, may be exercised in the
event any such requirements or improvements are found not to be requisite
in the interest of the public health, safety, and general welfare
or inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the subdivision.
A.
Any person who violates any provision of this chapter shall be deemed
to have committed an offense against this chapter and shall be liable
for said violation.
B.
Any person violating this chapter shall be subject to a fine of not
more than $250 or imprisonment for not more than 15 days, or both,
for each such offense. Such penalty shall be collectible by and in
the name of the Town.
C.
In the event of a violation of this chapter, in addition to the penalty specified in § 160-7B hereof, the Town shall be entitled to claim, as additional damages, its actual costs in enforcing this chapter, which costs shall include, but not be limited to, legal fees, court filing fees, costs and disbursements of litigation, witness fees, experts' fees and any additional expenses related to the enforcement process.
[Amended 7-14-2009 by L.L. No. 4-2009]
D.
Each week's continued violation after notice thereof shall constitute
a separate violation and offense.
E.
All remedies on behalf of the Town provided for in this chapter or
available at law or equity shall be enforceable against a subdivider,
or a purchaser of any lot which forms a part of any subdivision.
F.
In addition to the other penalties provided in Subsections A through E inclusive, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any portion of this chapter.
A.
The Town Board shall, from time to time by resolution, establish
fees for each of the following:
(1)
Application packet. Fee to be charged for purchase of an application
packet from the Planning Board Secretary or his/her designee.
(2)
Application fee. Fee to be paid at the time of submission of an application
for subdivision approval to the Planning Board Secretary or his/her
designee, which fee shall be charged on a per-plat or per-lot basis,
or both.
(3)
Public hearing fee. Fee to be paid to the Planning Board Secretary
or his/her designee prior to the scheduling of a public hearing, which
fee shall be charged on a per-hearing or per-notice basis, or both.
B.
In addition, where applicable, a subdivider shall pay to the Town,
the Town's actual costs for the following:
(1)
Technical review fee. Fee to be paid to the Planning Board to defray
costs associated with review of a subdivision by the Town Engineer,
Town Attorney and/or Town Planner. An estimated technical review fee
shall be paid at the time of submission of the preliminary plat. All
technical review fees shall be paid in full before action is taken
on the final plat.
(2)
Inspection fees. Fee to cover inspections and related costs. Prior
to certification of any improvements or related performance guaranties,
the subdivider shall pay all inspection and related costs (for professional
services and expenses) associated with the performance guaranties.
These costs will be assessed as a special fee, apart from the regular
fees provided for in any other provisions of this chapter.
(3)
Environmental review fee. Prior to submission of a final plat, the
subdivider shall pay all costs (for professional services and expenses)
associated with the state environmental quality review process relating
to the proposed subdivision. These costs will be assessed as a special
fee, apart from the regular fees provided for in any other provisions
of this chapter.
A.
As used in these regulations, words in the singular include the plural,
and those in the plural include the singular. The words "shall" and
"will," for the purpose of these regulations, are defined as mandatory.
B.
For the purpose of these regulations, the following terms shall be
considered interchangeable:
Unless otherwise expressly stated, the following definitions
shall, for the purpose of this chapter, have the meanings herein indicated.
Any pertinent word or term not a part of this listing shall be construed
to have its legal definition. The following terms shall have the following
meanings:
A landowner, subdivider or developer, who has filed an application
for a subdivision, including the applicant's heirs, successors
and assigns.
Forms provided to the Planning Board, with full answers to
all requests for pertinent information regarding a property proposed
for subdivision, along with the requisite information regarding the
property, accompanied by all supporting documentation, graphic and
otherwise, necessary for the Board to make a decision appropriate
to its stage of review.
The line within a property defining the required minimum
distances between any structure and the adjacent right-of-way or property
line of any lot. The "setback" shall be measured from an adjacent
property line or the edge of the right-of-way bordering the property.
The official appointed by the Town Board charged with enforcing
this chapter.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site expressly designed and
intended for the use or enjoyment of the 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 or
land development, which are to be owned and maintained by the lot
owners, or association members of the development and identified as
such by the subdivider.
The County of Sullivan, State of New York.
The appropriation of land by its owner for any general or
public uses. This shall not be construed as acceptance by the Town
of responsibility for maintenance or ownership of such land and attendant
facilities, except where appropriate legal documents specifically
relating to the same have been executed and accepted by the Town.
Opening excavated vertically from ground surface to a minimum
depth of six feet or solid rock, whichever occurs first, to expose
groundwater conditions and subsurface soil stratas for examination.
An easement required for installation of stormwater sewers
or drainage ditches or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
A defined private access from an individual lot to a public
highway or approved right-of-way.
A right granted, but not dedicated, for limited use of private
land for a public, quasi-public or private purpose, and within which
the 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 holder of the easement.
A drawing that shows a proposed subdivision, containing in
such additional detail 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.
The signing of a plat in final form by a duly authorized
officer of the Planning Board pursuant to a Planning Board resolution
granting final approval to the plat or after conditions specified
in a resolution granting conditional final approval of the plat are
completed. Such final approval qualifies the plat for recording in
the office of the County Clerk.
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 office of the County
Clerk.
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.
The 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, designated wetland, utility right-of-way or land under
water shall not be included in calculating lot area.
A division of land or combination of lots exempt from the
formal subdivision review process.
The distance between the two side lot lines at the building
setback line.
Any subdivision which is not a minor subdivision or lot improvement.
Any subdivision which involves the utilization of a community water
supply or community sewage disposal system, the construction of any
streets or the utilization of clustering techniques shall be considered
a major subdivision, regardless of the number of lots.
A subdivision containing not more than four lots of any original
tract of land of record, i.e., not previously subdivided or developed
subsequent to adoption of subdivision regulations by the Town of Highland
in November, 1986.
[Amended 7-14-2009 by L.L. No. 4-2009]
A measurement of the rate of movement of water through the
pores of a soil or other porous medium following infiltration through
the soil interface.
Any individual, firm, trust, partnership, public or private
association, corporation or other entity.
The Town of Highland Planning Board.
An individual appointed by the Town Board responsible for
application and plat intake, collection of fees, publishing and mailing
notices of meetings and hearings, and keeping the official minutes
and records for the Planning Board. The term shall include one or
more duly appointed individuals to assist the Planning Board Secretary
with his or her duties.
A drawing showing the layout of a proposed subdivision 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 the Planning Board may require.
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.
See "subdivision road."
[Added 11-13-2008 by L.L. No. 3-2008]
A person licensed to practice engineering within the State
of New York.
A Town road, a county road or a state highway. [Note: NYS
Route 55 is not a state highway. It includes, starting from Barryville,
County Road Nos. 11, 12 and 13.
[Added 11-13-2008 by L.L. No. 3-2008]
Land reserved for use as a road or street.
The point at which a subdivision road or driveway meets a
public road and for which a road access permit is required.
[Added 11-13-2008 by L.L. No. 3-2008]
The distance from which one can see a 4.25-foot-high object
in the center of the approach travel lane to the left and to the right
when the eye is 10 feet away from and 3.5 feet higher than the edge
of the road's travel lane.
[Amended 11-13-2008 by L.L. No. 3-2008]
An informal plan, identified as such with the words "Sketch
Plan" in the title, indicating salient existing features of a tract
and its surroundings and the general layout of the proposed subdivision.
Article 8 of the Environmental Conservation Law and the implementing
regulations relating thereto. The State Environmental Quality Review
Act is referred to herein as "SEQRA."
The division of any 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.
A private road (not maintained by a governmental entity)
within a subdivision, giving access from two or more subdivision lots
to a different subdivision road or to a public road.
[Added 11-13-2008 by L.L. No. 3-2008]
A land surveyor licensed by the State of New York.
A visible path through which surface water travels on a regular
basis, including an intermittent stream. A drainage ditch, swale or
surface feature that contains water only during and immediately after
a rainstorm shall not be considered to be a watercourse.
An area(s) of marshes or swamps which have been designated
as such by the State Department of Environmental Conservation or other
agency having jurisdiction. Marshes or swamps that have not been classified
by an agency as a wetland shall not be treated for design purposes
as a wetland.
A.
Lot improvements, wherein a parcel of land is added to an existing
lot for the purpose of increasing the size of the existing lot or
a number of smaller lots are resubdivided or reallotted so as to make
a lesser number of larger lots, shall be exempt from the provisions
of these regulations, provided that:
B.
Recording approval. After the Planning Board shall have determined that the conditions for a lot improvement exemption have been met, a duly authorized member of the Planning Board shall sign the plat with the following notation: "Approval is granted for recording purposes only in accordance with § 160-11B of the Town of Highland Subdivision Law."
C.
Plat requirements; fees. Plats submitted as lot improvements shall
meet the plat requirements for minor subdivisions and shall be subject
to the schedule of fees set by the Town Board.
The following procedures and requirements shall apply to minor
subdivisions only.
A.
Application requirements. Any person proposing to create a minor subdivision shall submit, along with plats required in § 160-12B, five copies of an application for minor subdivision approval. This application shall set forth:
(1)
The name, address and telephone number of the property owner of record
or his or her agent. If an agent shall be involved, authorization
from the owner(s) shall be provided.
(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 plat.
(4)
The type of water supply proposed.
(5)
The type of sewer system proposed.
(6)
The name and address of each adjoining property owner.
(7)
Tax map designation(s) of the subject site(s).
(8)
Fees per the schedule adopted by the Town Board, paid with the application
to the Planning Board Secretary.
(9)
A copy of the most recent deed to the subject property.
(10)
For every proposed subdivision fronting on a public road, the procedures outlined in § 160-21 shall be complied with, and the approving letter with four copies, along with five copies of the plat submitted to the Highway Superintendent, Commissioner of Public Works, or District Engineer, shall be submitted along with the other required information.
[Added 11-13-2008 by L.L. No. 3-2008]
B.
Plat requirements. The subdivider shall submit five copies of the
plat and required supplementary data for the proposed subdivision.
This plat show all the lots proposed to be created. The plat shall
meet the following requirements:
(1)
Such plat shall be clearly marked "final plat."
(2)
The map shall be drawn by a licensed land surveyor to the county
Clerk's requirements.
(3)
The map shall show the name of the municipality, name of the owner
of record, North point, scale and date.
(4)
The names of all adjoining property owners and the size of any remaining
acreage in the tract from which lots are being taken shall be shown.
(5)
Topography of the site to at least twenty-foot contours shall be
shown.
(6)
Existing public roads shall be identified by name and route numbers,
and private roads by their posted names.
(7)
Proposed lot lines shall be drawn to scale and dimension given in
feet and hundredths of a foot. Lot areas shall be indicated.
(8)
The plat shall depict the proposed subdivision as part of the contiguous
holdings of the subdivider, including all lots taken from the original
parcel over the previous five years.
(9)
Certification by a licensed surveyor as to the accuracy of the survey
and, giving the date of the survey and the date the drawing was completed.
(10)
The location of New York State designated wetlands or flood
hazard areas.
(11)
Except as to lots to be serviced by a public or community sewer
system, location and results of percolation tests and deep pit tests
for each of five acres in size or smaller shall be set forth. The
Planning Board may require percolation tests and deep pit tests for
lots larger than five acres.
(12)
For all subdivisions fronting on a public road, the five copies of
the plan marked "final plat" shall show the locations of the road
accesses and their sight distances left and right approved by the
Highway Superintendent, Commissioner of Public Works, or District
Engineer.
[Added 11-13-2008 by L.L. No. 3-2008[1]]
[1]
Editor's Note: This local law also provided for the renumbering
of former Subsection B(12) as B(13).
(13)
Any other information the Planning Board may deem appropriate.
C.
Approval of plat.
(1)
The subdivider shall submit the application, along with the required
copies of the plat, to the Planning Board Secretary at least 10 days
prior to the meeting of the Planning Board at which initial review
is desired. The Secretary shall note receipt of the applications and
collect the fees due.
(2)
The plat shall not be considered complete until a negative declaration
has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions
of SEQRA. the time periods for review of such plat shall begin upon
filing of such a negative declaration or such notice of completion.
(3)
The following review procedure shall apply to minor subdivisions:
(a)
Planning Board as lead agency under SEQRA; public hearing; notice;
decision.
(I)
Public hearing on final plats. The time within which the Planning
Board shall hold a public hearing on the plat shall be coordinated
with any hearings the Planning Board may schedule pursuant to the
SEQRA, as follows:
(i)
Environmental impact statement not required. If
the Planning Board determines that the preparation of an environmental
impact statement is not required, the public hearing on the plat shall
be held within 62 days after the receipt of a complete final plat
by the Secretary of the Planning Board; or
(ii)
Environmental impact statement is required. If
the Planning Board determines that an environmental impact statement
is required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the final plat and the draft
environmental impact statement shall be held jointly within 62 days
after the filing of the notice of completion of such draft environmental
impact statement in accordance with the provisions of SEQRA. If no
public hearing is held on the draft environmental impact statement,
the public hearing on the final plat shall be held within 62 days
following filing of the notice of completion.
(II)
Public hearing; notice; length, the hearing on the plat shall
be advertised at lease once in a newspaper of general circulation
in the Town at least five days before such hearing if no hearing is
held on the draft environmental impact statement, or 14 days before
a hearing held jointly therewith. In addition, the applicant shall
notify by certified mail at least seven calendar days before the hearing
to the following: all owners of property which lie adjacent to that
owned by the applicant and all other owners within 300 feet of the
applicant's property line in any direction. The names of said
owners shall be taken as they appear on the last competed tax roll
of the Town. The Planning Board may provide that the hearing be further
advertised in such a manner as it deems most appropriate for full
public consideration of the plat. The hearing on the plat shall be
closed upon motion of the Planning Board within 120 days after it
has been opened.
[Amended 7-14-2009 by L.L. No. 4-2009]
(III)
Decision. The Planning Board shall make its decision
on the plat as follows:
(i)
If the Planning Board determines that the preparation
of an environmental impact statement on the plat is not required,
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 after the date of the public
hearing; or
(ii)
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of the
public hearing on the plat. Within 30 days of the filing of the final
environmental impact statement, the Planning Board shall issue findings
on such final environmental impact statement and shall by resolution
conditionally approve, with or without modification, disapprove, or
grant final approval and authorize the signing of such plat.
(IV)
Grounds for decision. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Planning Board.
(b)
Planning Board not as lead agency under SEQRA; public hearing;
notice; decision.
(I)
Public hearing. The Planning Board shall, with the agreement
of the lead agency, hold the public hearing on the plat jointly with
the lead agency's hearing on the draft environmental impact statement.
Failing such agreement, the Planning Board shall hold the public hearing
on the plat within 62 days after receipt of a complete plat by the
Secretary of the Planning Board.
(II)
Public hearing; notice; length. The hearing on the plat shall
be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if held independently
of the hearing on the draft environmental impact statement, or 14
days before the hearing to the following: all owners of property which
lie adjacent to that owned by the applicant and all other owners within
300 feet of the applicant's property line in any direction. The
names of said owners shall be taken as they appear on the last completed
tax roll of the Town. 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 plat. The hearing on the plat
shall be closed upon motion of the Planning Board within 120 days
after it has been opened.
(III)
Decision. 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 after the close of the public hearing on such plat. The grounds
for a modification, if any, or the grounds for disapproval shall be
stated upon the records of the Planning Board.
D.
Approval and certification of plats.
(1)
Certification of plat; filing of decision of plat. Within five business
days of adoption of the resolution granting conditional or final approval
of the plat, such plat shall be certified by the Secretary of the
Planning Board as having been granted conditional or final approval
and a copy of such resolution and plat shall be filed in such Secretary's
office. A copy of the resolution shall be mailed to the owner. In
the case of a conditionally approved plat, such resolution shall include
a statement of the requirements which when competed will authorize
the signing thereof. Upon completion of such requirements the plat
shall be signed by said duly authorized officer of the Planning Board
and a copy of such signed plat shall be filed with the Town Clerk.
(2)
Approval of plat in sections. Plats reviewed by the Planning Board
as a minor subdivision shall not be approved in sections.
(3)
Duration of conditional approval of plat. Conditional approval of
the plat shall expire within 180 days after the resolution granting
such approval unless all requirements stated in such resolution have
been certified as completed. The Planning Board may extend by not
more than two additional periods of 90 days each, the time in which
a conditionally approved plat must be submitted for signature if,
in the Planning Board's opinion, such extension is warranted
by the particular circumstances.
E.
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 shall expire within 62 days from
the date of such approval, unless within such sixty-two-day period
such plat shall have been duly filed in the office of the county Clerk.
The following procedures and requirements shall apply to major
subdivisions.
A.
Application requirements. Any person proposing to create a major subdivision shall submit, along with plats required in Article III, § 160-12, five copies of an application for major subdivision approval. This application shall set forth:
(1)
The name, address and telephone number of the property owner of record
or his or her agent. If an agent shall be involved, authorization
from the owner(s) shall be provided.
(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 plat.
(4)
The type of water supply proposed.
(5)
The type of sewer system proposed.
(6)
The name and address of each adjoining property owner.
(7)
Tax map designation(s) of the subject site(s).
(8)
Fees as per the schedule adopted by the Town Board, paid with the
application to the Planning Board Secretary.
(9)
A copy of the most recent deed to the subject property.
(10)
For every proposed subdivision fronting on a public road, the procedures outlined in § 160-21 shall be complied with, and the approving letter with four copies, along with five copies of the plat submitted to the Highway Superintendent, Commissioner of Public Works, or District Engineer, shall be submitted along with the other required information.
[Added 11-13-2008 by L.L. No. 3-2008]
B.
Sketch plans for major subdivisions. Ten copies of a sketch plan
shall be submitted to the Planning Board of a scale sufficient to
show the entire tract on one sheet. The sketch plan should show or
include the following:
(1)
The map shall show the name of the municipality, name of the owner
of record, North point, scale and date.
(2)
The name of the owners of all adjoining properties as disclosed by
the most recent tax rolls.
(3)
A location map depicting the premises upon the United States Geological
Survey quadrangle map(s).
(4)
The location of that portion of a tract which is to be subdivided
in relation to the entire tract if the entire tract is not being subdivided.
(5)
All streets or roads, streams, water mains, sanitary sewers, electric,
power lines and telephone lines, within 500 feet of the subdivision.
(6)
The types and bounds of all soil types on the site.
(7)
All existing structures and wooded areas within the area to be subdivided.
[Amended 7-14-2009 by L.L. No. 4-2009]
(8)
The tentative layout of the remainder of the tract or other contiguous
property owned by the subdivider.
C.
Preliminary plat requirements for major subdivisions. Ten copies
of the preliminary plat shall be required for all proposed major subdivisions.
The preliminary plat shall be submitted to the Planning Board Secretary
at least 10 days prior to the meeting at which the plat will initially
reviewed. The preliminary plat shall meet the following requirements
and contain the following information:
(1)
The plat shall be clearly marked "preliminary plat."
(2)
The preliminary plat shall be clearly and legibly drawn by a licensed
land surveyor to the County Clerk's requirements.
(3)
The proposed name of the subdivision. The name shall not duplicate
in spelling or pronunciation any recorded subdivision within the Town
of Highland.
(4)
The location by Town, county and state. The plat should also include
Tax Map numbers for the subject parcel and adjoining parcels.
(5)
The boundaries of the total tract and acreage contained within it.
(6)
The preliminary plat shall depict the proposed subdivision as part
of the contiguous holdings of the subdivider, including all lots taken
from the original parcel over the previous five years.
(7)
The names of the owners of adjoining properties and lines showing
where property lines of adjoining properties intersect the subject
parcel.
(8)
All applicable zoning data.
(9)
The proposed lot layout, with a numbering of the lots.
(10)
The approximate dimensions and acreage of each lot.
(11)
The existing contours at intervals of not more than 20 feet.
(United States Geological Survey maps may suffice for the basis of
this item.) The Planning Board reserves the right to request greater
detail when necessary due to the scope or nature of the development.
(12)
The location and extent of undevelopable areas, such as rights-of-way
for streets, utility easements, existing buildings and all existing
or proposed open space areas or parks.
[Amended 7-14-2009 by L.L. No. 4-2009]
(13)
The approximate locations of existing sanitary sewers, public
water mains, storm sewers, electric power, telephone lines, and all
other similar items either above or below ground, with direction of
flow and pressure, if applicable.
(14)
The proposed layout of streets including rights-of-way width
and proposed names. Street names shall not duplicate existing names
by spelling or pronunciation. The street proposals shall be accompanied
by a submission of design materials, including profiles, cross sections
and preliminary designs for bridges and culverts.
(15)
All drainage easements marked as such.
(16)
Approximate final grades in areas where cuts or fills are to
be made.
(17)
Building setback lines.
(18)
Any lots designated for uses other than residential shall be
indicated.
(19)
The parcels to be dedicated to the public or reserved for public
use or to be reserved for use by residents of the subdivision shall
be shown and marked as such.
(20)
Except as to lots to be serviced by a public or community sewer
system, location and results of percolation tests and deep pit tests
for each lot five acres in size or smaller shall be set forth. The
Planning Board may require percolation tests and deep pit tests for
lots larger than five acres.
(21)
The location of New York State designated wetlands.
(22)
The location of any designated flood hazard areas as may be
designated by FEMA.
(23)
An erosion and sedimentation control plan prepared by a licensed
professional engineer in cooperation with the Sullivan County Soil
and Water Conservation District, if required by the Planning Board.
(24)
A stormwater management plan prepared by a licensed professional
engineer, in cooperation with the Sullivan County Soil and Water Conservation
District, if required by the Planning Board.
(25)
For all subdivisions fronting on a public road, the plats shall show
the location of the road accesses and their sight distance left and
right approved by the Highway Superintendent, Commissioner of Public
Works or District Engineer.
[Added 11-13-2008 by L.L. No. 3-2008[1]]
[1]
Editor's Note: This local law also provided for the renumbering
of former Subsection C(25) as C(26).
(26)
Any other information the Planning Board may deem appropriate.
D.
Approval of preliminary plats.
(1)
Coordination with the State Environmental Quality Review Act. The
Planning Board shall comply with the provisions of SEQRA under Article
8 of the Environmental Conservation Law and its implementing regulations.
(2)
Receipt of a complete preliminary plat. A preliminary plat shall
not be considered complete until a negative declaration has been filed
or until a notice of completion of the draft environmental impact
statements has been filed in accordance with the provisions of SEQRA.
The time periods for review of a preliminary plat shall begin upon
filing of such negative declaration or such notice of completion.
(3)
Planning Board as lead agency under SEQRA; public hearing; notice;
decision.
(a)
Public hearing on preliminary plats. The time within which the
Planning Board shall hold a public hearing on the preliminary plat
shall be coordinated with any hearings the Planning Board may schedule
pursuant to SEQRA, as follows:
(I)
Environmental impact statement not required. If the Planning
Board determines that the preparation of an environmental impact statement
on the preliminary plat is not required, the public hearing on such
plat shall be held within 62 days after the receipt of a complete
preliminary plat by the Secretary of the Planning Board; or
(II)
Environmental impact statement is required. If the Planning
Board determines that an environmental impact statement is required,
a public hearing on the draft environmental impact statement shall
be held jointly within 62 days after the filing of the notice of completion
of such draft environmental impact statement in accordance with the
provisions of SEQRA. If no public hearing is held on the draft environmental
impact statement, the public hearing on the preliminary plat shall
be held within 62 days of filing the notice of completion.
(b)
Public hearing; notice, length. The hearing on the preliminary
plat shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if no hearing is
held on the draft environmental impact statement, or 14 days before
a hearing held jointly therewith. In addition, the applicant shall
notify by certified mail at least seven calendar days before the hearing
to the following: all owners of property which lie adjacent to that
owned by the applicant and all other owners within 500 feet of the
applicant's property line in any direction. The names of said
owners shall be taken as they appear on the last completed tax roll
of the Town. 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. The hearing on the preliminary
plat shall be closed upon motion of the Planning Board within 120
days after it has been opened.
[Amended 7-14-2009 by L.L. No. 4-2009]
(c)
Decision. The Planning Board shall approve, with or without
modification, or disapprove such preliminary plat, as follows:
(I)
If the Planning Board determines that the preparation of an
environmental impact statement on the preliminary plat is not required,
the Planning Board shall make its decision within 62 days after the
close of the public hearing; or
(II)
If the Planning Board determines that an environmental impact
statement is required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing in
accordance with the provisions of SEQRA. If no public hearing is held
on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the preliminary plat. Within 30 days of the
filing of such final environmental impact statement, the Planning
Board shall make its decision on the preliminary plat.
[Amended 7-14-2009 by L.L. No. 4-2009]
(d)
Grounds for decision. The grounds for modification, if any,
or the grounds for disapproval shall be stated upon 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 plat in final form.
(4)
Planning Board not as lead agency under SEQRA; public hearing; notice;
decision.
(a)
Public hearing on preliminary plats. The Planning Board shall,
with the agreement of the lead agency, hold the public hearing on
the preliminary plat jointly with the lead agency's hearing on
the draft environmental impact statement. Failing such agreement or
if no public hearing is held on the draft environmental impact statement,
the Planning Board shall hold the public hearing on the preliminary
plat within 62 days after the receipt of a complete preliminary plat
by the Secretary of the Planning Board.
(b)
Public hearing; notice, length. The hearing on the preliminary
plat shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if held independently
of the hearing on the draft environmental impact statement, or 14
days before a hearing held jointly therewith. In addition, the applicant
shall notify by certified mail at least seven calendar days before
the hearing to the following: all owners of property which lie adjacent
to that owned by the applicant and all other owners within 500 feet
of the applicant's property line in any direction. The names
of said owners shall be taken as they appear on the last completed
tax roll of the Town. 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. The hearing
on the preliminary plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
[Amended 7-14-2009 by L.L. No. 4-2009]
(c)
Decision. The Planning Board shall, by resolution, approve,
with or without modification, or disapprove the preliminary plat,
as follows:
[Amended 7-14-2009 by L.L. No. 4-2009]
(I)
If the preparation of an environmental impact statement on the
preliminary plat is not required, the Planning Board shall make its
decision within 62 days after the close of the public hearing on the
preliminary plat.
(II)
If an environmental impact statement is required, the Planning
Board shall make its own findings and its decision on the preliminary
plat within 62 days after the close of the public hearing on the preliminary
plat or within 30 days of the adoption of findings by the lead agency,
whichever period is longer.
(d)
Grounds for decision. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon 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 plat in final form.
(5)
Certification and filing of preliminary plat. Within five business
days of the adoption of the resolution granting approval of such preliminary
plat, such plat shall be certified by the Secretary of the Planning
Board as having been granted preliminary approval and a copy of the
plat and resolution shall be filed in such Clerk's office. A
copy of the resolution shall be mailed to the owner.
(6)
Filing of decision on preliminary plat. Within five business days
from the date of the adoption of the resolution approving the preliminary
plat, the chairman of other duly authorized member of the Planning
Board shall cause a copy of such resolution to be filed in the office
of the Town Clerk.
(7)
Revocation of approval of preliminary plat. Within six months of
the approval of the preliminary plat the owner must submit the plat
in final form. If the final plat is not submitted within six months,
approval of the preliminary plat may be revoked by the Planning Board.
E.
Requirements for guaranty of improvements.
(1)
Methods to be followed. After approval of the preliminary plat, the
subdivider, in a manner consistent with § 277 of the New
York State Town Law, shall provided for the installation of required
improvements (those physical additions and changes which may be necessary
to provide usable and desirable lots). Prior to requesting final plat
approval, the subdivider must:
(2)
Performance bond or other security.
(a)
Furnishing of performance bond or other security. As an alternative
to the installation of infrastructure and improvements as above provided,
prior to requesting final plat approval, a performance bond or other
security sufficient to cover the full cost of same, as estimated by
the Planning Board or a Town department designated by the Planning
Board to make such estimate, where such departmental estimate is deemed
acceptable by the Planning Board, shall be furnished to the Town by
the owner.
(b)
Security where plat approved in sections. In the event that
the owner shall be authorized to file the approved plat in sections,
as provided in § 276.7(b) of the New York State Town Law,
approval of the plat may be granted upon the installation of the required
improvements or in the furnishing of security covering the costs of
such improvements in the section of the plat to be so approved. The
owner shall not be permitted to begin construction of buildings in
any other section until the required improvements have been installed
in such section or a security covering the cost of such improvements
has been provided and a plat relating to such section has been filed
with the office of the County Clerk.
(c)
Form of security. Any such security must be provided pursuant
to a written security agreement with the Town, approved by the Town
Board and also approved by the Town Attorney as to form and manner
of execution, and the Town Engineer as to sufficiency, and shall be
limited to:
(I)
A performance bond issued by a bonding or surety company authorized
to do business in this state;
(II)
The deposit of funds in or a certificate of deposit issued by
a bank or trust company located and authorized to do business in this
state;
(III)
An irrevocable letter of credit from a bank located
and authorized to do business in this state;
(IV)
Obligations of the United States of America; or
(V)
Any obligations fully guaranteed as to interest and principal
by the United States of America, having a market value at least equal
to the full cost of such improvements. If not delivered to the Town,
such security shall be held in a Town account at a bank or trust company.
(d)
Term of security agreement. Any such performance bond or security
agreement shall run for a term to be fixed by the Planning Board,
but in no case for a longer term than three years; provided, however,
that the term of such performance bond or security agreement may be
extended by the Planning Board with consent of the parties thereto.
If the Planning Board shall decide at any time during the term of
the performance bond or security agreement that the extent of building
development that has taken place in the subdivision is not sufficient
to warrant all the improvements covered by such security, or that
the required improvements have been installed as contemplated to an
extent to warrant reduction in the amount of said security, and upon
approval by the Town Board, the Planning Board may modify its requirements
for any or all such improvements, and the amount of such security
shall thereupon be reduced by an appropriate amount so that the reduced
amount will cover the full cost of the amended list of improvements
required by the Planning Board.
(e)
Default of security agreement. In the event that any required
improvements have not been installed within the term of such security
agreement, the Town Board may thereupon declare the said performance
bond or security agreement to be in default and collect the sum remaining
payable thereunder; and upon the receipt of the proceeds thereof,
the Town shall install such improvements as are covered by such security
as are commensurate with the extent of building development that has
taken place in the subdivision but not exceeding in cost the amount
of such proceeds.
(3)
Maintenance bond. Where improvements are being dedicated to the Town,
the subdivider shall submit a maintenance bond or other approved security
to guarantee maintenance and repair of those improvements for 12 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, and may be waived or altered by the Town Board
on the advice of the Town Engineer.
F.
Final plat requirements for major subdivision. The final plat shall
be drawn on Mylar. The plat shall be prepared on one or more sheets
of a uniform size and scale. Final plat attachments and exhibits shall
be numbered and labeled in accordance with the requirements of this
section. The final plat submission shall include, in addition to the
information required for the preliminary plat submission, the following:
(1)
The exact locations, widths and names of all streets within the subdivision.
(2)
Complete curve data for all curves shown on the plat.
(3)
Exact descriptions of all easements being provided for services or
utilities in the subdivision and any limitations placed on the use
of such easements.
(4)
Accurate outlines of any lots or areas to be reserved or dedicated
for common use by residents of the subdivision or for any public use,
with the purpose indicated thereon.
(6)
A final version of all covenants and restrictions, if any, the developer
intends to impose in the subdivision. If no such restrictions or covenants
are to be imposed, a statements to that effect shall be included.
(7)
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.
A statement of the total area of the property being subdivided. In
addition, the surveyor shall certify as to accuracy of the survey,
the drawn plat and the placement of permanent boundary markers, if
any.
(8)
Satisfactory evidence that all improvements have either been installed
and approved, or that a performance guaranty has been submitted to
and approved by the Town Board.
(9)
Complete final construction plans and profiles of installed or proposed
public or community sanitary sewage disposal systems, with grades
and pipe sizes.
(10)
Complete final construction plans of installed or proposed public
water or community supply systems, showing pipe sizes and locations
of valves and fire hydrants, if any.
(11)
Complete final construction plans and profiles of installed
or proposed storm drainage systems, with grade and pipe sizes.
(12)
Evidence of actual agreements made with utility companies or
agencies for supplying each lot in the subdivision with electric power
and telephone service.
(13)
A key map, for the purpose of locating the site to be subdivided,
at a scale of not smaller than 2,000 feet to one inch, showing the
relation of the property to all streets, roads, and municipal boundaries
existing within 4,000 feet of the subdivision. United States Geological
Survey quadrangle maps shall be the base of such a key map.
(14)
Approval blocks for the signature of the Chairman or other duly
authorized member of the Town Planning Board shall appear on the first
sheet of all sets of plats, including the Mylars.
(15)
A statement that an erosion and sedimentation control plan and
stormwater water management plan, if required by the Planning Board,
have been prepared and were approved by the Town Engineer.
(16)
For all subdivisions fronting on a public road, the plats shall show
the location of the road accesses and their sight distance left and
right approved by the Highway Superintendent, Commissioner of Public
Works or District Engineer.
[Added 11-13-2008 by L.L. No. 3-2008]
G.
Approval of final plats.
(1)
Submission of final plats. Final plats shall conform to the definition
provided by this section.
(2)
Final plats which are in substantial agreement with approved preliminary
plats. When a final plat is submitted which the Planning Board deems
to be in substantial agreement with the approved preliminary plat,
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 its receipt by the Secretary
of the Planning Board.
[Amended 7-14-2009 by L.L. No. 4-2009]
(3)
Final plats not in substantial agreement with approved preliminary
plats. When a final plat is submitted which the Planning Board deems
not to be in substantial agreement with the approved preliminary plat,
the following shall apply:
[Amended 7-14-2009 by L.L. No. 4-2009]
(a)
Planning Board as lead agency under SEQRA; public hearing, notice
decision.
(I)
Public hearing on final plats. The time within which the Planning
Board shall hold a public hearing on such final plat shall be coordinated
with any hearings the Planning Board may schedule pursuant to SEQRA,
as follows:
(i)
Environmental impact statement not required. If
the Planning Board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plat
not in substantial agreement with a preliminary plat, shall be held
within 62 days after the receipt of a complete final plat by the Secretary
of the Planning Board; or
(ii)
Environmental impact statement required. If the
Planning Board determines that an environmental impact statement is
required, and a public hearing on the draft environmental impact statement
is held, the public hearing on the final plat and the draft environmental
impact statement shall be held jointly within 62 days after the filing
of the notice of completion of such draft environmental impact statement
in accordance with the provisions of SEQRA. If no public hearing is
held on the draft environmental impact statement, the public hearing
on the final plat shall be held within 62 days following filing of
the notice of completion.
(II)
Public hearing; notice, length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if no hearing is
held on the draft environmental impact statement, or 14 days before
a hearing held jointly therewith. In addition, the applicant shall
notify by certified mail at least seven calendar days before the hearing
to the following: all owners of property which lie adjacent to that
owned by the applicant and all other owners within 300 feet of the
applicant's property line in any direction. The names of said
owners shall be taken as they appear on the last completed tax roll
of the Town. 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 final plat. The hearing on the final plat shall
be closed upon motion of the Planning Board within 120 days after
it has been opened.
(III)
Decision. The Planning Board shall make its decision
on the final plat as follows:
(i)
Environmental impact statement is not required.
If the Planning Board determines that the preparation of an Environmental
Impact Statement on the final plat is not required, 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 after the date of the public hearing; or
(ii)
Environmental impact statement is required. If
the Planning Board determines that an environmental impact statement
is required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing in
accordance with the provisions of SEQRA. If no public hearing is held
on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the final plat. Within 30 days of the filing
of the final environmental impact statement, the Planning Board shall
issue findings on such final environmental impact statement and shall
by resolution conditionally approve, with or without modification,
disapprove, or grant final approval and authorize the signing of such
plat.
(IV)
Grounds for decision. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Planning Board.
(b)
Planning Board not as lead agency under SEQRA; public hearing;
notice; decision.
(I)
Public hearing. The Planning Board shall, with the agreement
of the lead agency, hold the public hearing on the final plat jointly
with the lead agency's hearing on the draft environmental impact
statement. Failing such agreement or if no public hearing is held
on the draft environmental impact statement, the Planning Board shall
hold the public hearing on the final plat within 62 days after the
receipt of a complete final plat by the Secretary of the Planning
Board.
(II)
Public hearing; notice, length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if held independently
of the hearing on the draft Environmental Impact Statement, or 14
days before a hearing held jointly therewith. In addition, the applicant
shall notify by certified mail at least seven calendar days before
the hearing to the following: all owners of property which lie adjacent
to that owned by the applicant and all other owners within 500 feet
of the applicant's property line in any direction. The names
of said owners shall be taken as they appear on the last completed
tax roll of the Town. 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 final plat. The hearing on the
final plat shall be closed upon motion of the Planning Board within
120 days after it has been opened.
(III)
Decision. 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 after the close of the public hearing on such final plat as
follows:
(i)
If the preparation of an environmental impact statement
on the final plat is not required, the Planning Board shall make its
decision within 62 days after the close of the public hearing on the
final plat.
(ii)
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the final plat within 62 days after the close of the public hearing
on such final plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
H.
Approval and certification of final plats.
(1)
Certification of 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 of the Planning
Board as having been granted conditional or final approval and a copy
of such resolution and plat shall be filed in such Secretary's
office. A copy of the resolution shall be mailed to the owner. In
case of a conditionally approved plat, such resolution shall include
a statement of the requirements which when completed will authorize
the signing thereof. Upon completion of such requirements the plat
shall be signed by said duly authorized officer of the Planning Board
and a copy of such signed plat shall be filed with the Town Clerk.
(2)
Approval of plat in sections. In granting conditional or final approval
of a plat in final form, the Planning Board may permit the plat to
be subdivided and developed in two or more sections and may in its
resolution granting conditional or final approval state such requirements
as it deems necessary to insure the orderly development of the plat
be completed before said sections may be signed by the duly authorized
officer of the Planning Board. Conditional or final approval of the
sections of a final plat may be granted concurrently with conditional
or final approval of the entire plat, subject to any requirements
imposed by the Planning Board.
(3)
Duration of conditional approval of final plat. Conditional approval
of the final plat shall expire within 180 days after the resolution
granting such approval unless all requirements stated in such resolution
have been certified as completed. The Planning Board may extend by
not more than two additional periods of 90 days each, the time in
which a conditionally approved plat must be submitted for signatures
if, in the Planning Board's opinion, such extension is warranted
by the particular circumstances.
[Amended 7-14-2009 by L.L. No. 4-2009]
I.
Default approval of preliminary or final plat. The time periods prescribed
herein within which a Planning Board must take action on a preliminary
plat or a final plat are specifically intended to provide the Planning
Board and the public adequate time for review and to minimize delays
in the processing of subdivision applications. Such periods may be
extended only by mutual consent of the owner and the Planning Board.
In the event the Planning Board fails to take action on a preliminary
plat or a final plat within the time prescribed, after completion
of all requirements under the State Environmental Impact Act, or within
such extended period as may have been established by the mutual consent
of the owner and the Planing Board, such preliminary or final plat
shall be deemed approved. The certificate of the Town Clerk as to
the date of submission of the preliminary or final plat and the failure
of the Planning Board to take action within the time allowed shall
be the endorsement or other evidence of approval herein required.
[Amended 7-14-2009 by L.L. No. 4-2009]
J.
Filing of decision on final plat. Within five business days from
the date of the adoption of the resolution approving the final plat,
the chairman or other duly authorized member of the Planning Board
shall cause a copy of such resolution to be filed in the office of
the Town Clerk.
K.
Filing of final plat; expiration of approval. The owner shall file
in the office of the County Clerk such approved final plat or a section
of such plat within 62 days from the date of final approval or such
approval shall expire. The following shall constitute final 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 office of the County Clerk 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.
In the event 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. Such section shall encompass at least 10% of the
total number of lots in the approved plat and the approval of the
remaining sections of the approved plat shall expire unless said sections
are filed before the expiration of the exemption period to which such
plat is entitled under the provisions of § 65-a2 of the
New York State Town Law.
[Amended 7-14-2009 by L.L. No. 4-2009]
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. The Planning Board may require more restrictive
standards when necessary to protect health, safety and welfare of
the public and where circumstances unique to the property so dictate.
B.
Hazardous areas.
(1)
Those areas which are subject to such hazards to 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)
Information for determining and evaluating potential hazards may
include references to historical records, soil evaluations, engineering
studies, expert opinions, established standards used by insurance
companies and federal, state or local standards, such as, but not
limited to, established floodplain lines.
C.
Layout to be comprehensive. All portions of a tract being subdivided
shall be taken up in lots, streets, public lands, or other proposed
uses, so that remnants, reserve strips, or other landlocked areas
are not created within the tract. 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,
including aesthetic concerns.
D.
Preservation of natural features. In all subdivisions, care shall
be taken to preserve natural features, such as trees, watercourses,
views, and historical features, which will retain the attractiveness
and value of the remainder of the Town. 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 Town and, where appropriate,
the New York State Department of Environmental Conservation.
E.
Water supply. All subdivisions shall be served with an adequate water
supply meeting the following standards:
(1)
Public water supply. When a proposed subdivision is located within
an existing water district or where a public water supply is available
within 1,000 feet of the proposed subdivision, the subdivider shall,
if technically feasible, construct a system of water mains tied to
such system and provide a connection for each lot.
(a)
Plans and specification for extension of an existing system
shall be prepared by a licensed professional engineer and shall conform
to the requirements of the New York State Department of Health.
(b)
Suitable agreements with the water district shall be made for
design, specifications, construction, ownership and maintenance of
such distribution system and copies thereof provided to the Planning
Board for review and approval prior to final approval of the subdivision.
(c)
All public water supply system installations and testing thereof
shall be inspected by the Chief Water and Wastewater Treatment Plant
Operator or his designee before any backfilling of lines, unless subdivider
shall have provided for full-time inspection by a licensed professional
engineer. A licensed professional engineer's certification shall
be required prior to dedication of improvements to the Town.
(2)
Community water supply systems. Where it is proposed to provide water
supply to a subdivision by constructing a new or connecting to an
existing private community water supply, the subdivider shall have
plans and specifications, conforming to accepted engineering practices,
prepared by a licensed professional engineer. The system shall be
designed to furnish adequate main sizes and, where necessary, fire
hydrants located to meet the specifications of the Association of
Fire Underwriters and applicable fire district requirements. Adequate
documents providing for ownership and maintenance of such system shall
be developed and copies thereof provided to the Planning Board for
review and approval prior to Final Approval of the subdivision.
(a)
The applicant must demonstrate ability to provide a minimum
of 150 gallons of water per capita (GPCD) or 400 gallons per day (GPD)
for each single-family residential dwelling unit or equivalent to
be serviced. Service to industrial or commercial establishments shall
meet standards established by the American Water Works Association
or insurance industry underwriting standards.
(b)
New community water supply wells shall be sited, drilled and
tested under the direct supervision of a licensed professional engineer
or a professional groundwater geologist.
(c)
All community water system installations and testing thereof
shall be inspected by the Chief Water and Wastewater Treatment Plant
Operator or his designee before any backfilling of lines, unless the
subdivider shall have provided for full-time inspection by a licensed
professional engineer. A licensed professional engineer's certification
shall be required prior to final approval of the subdivision.
(d)
Performance guarantees shall accompany a final plat application
involving a community water supply system. Any such guaranty must
be provided pursuant to a written security agreement with the Town,
approved by the Town Attorney as to form and manner of execution and
by the Town Engineer as to sufficiency.
(e)
Where a community system is to be transferred to a property
owners association (POA), the Town Board shall be satisfied that the
POA possesses the administrative and financial ability to operate
and maintain such system before the performance guarantee is released.
(3)
On-site water supply systems. On-site water supply systems shall
meet applicable New York State Department of Health guidelines.
F.
Sewage disposal systems.
(1)
Public sewage systems. When a proposed subdivision is located within
an existing sewer district or when a public sewage disposal system
is located within 1,000 feet of the proposed subdivision, the subdivider
shall, if technically feasible, provide a system of collection lines
to connect to said system.
(a)
Plans and specifications for extension of an existing system
shall be prepared by a licensed professional engineer and shall conform
to the requirements of the New York State Department of Environmental
Conservation.
(b)
Suitable agreements with the sewer district shall be made for
design, specifications, construction, ownership, and maintenance of
such collection system and copies thereof provided to the Planning
Board for review and approval prior to final approval of the subdivision.
(c)
All public sewage system installations and testing thereof shall
be inspected by the Chief Water and Wastewater Treatment Plant Operator
or his designee before any backfilling of lines, unless the subdivider
shall have provided for full-time inspection by a licensed professional
engineer. A licensed professional engineer's certification shall
be required prior to dedication of improvements to the Town.
(2)
Community sewage disposal systems. Community sewage disposal systems
are required for all subdivisions where public sewage disposal systems
are unavailable and a licensed professional engineer is unable to
certify that soil conditions are suitable for on-site sewage disposal
systems meeting New York State Department of Health criteria.
(a)
All elements of any community sewage disposal system shall be
designed and constructed in strict accordance with New York State
Department of Environmental Conservation standards, and any permits
required thereunder shall be obtained as a prerequisite to final approval
of any subdivision.
(b)
All community sewage disposal system installations and testing
thereof shall be inspected by the Chief Water and Wastewater Treatment
Plan Operator or by the Town's designee before any backfilling
of lines, unless subdivider shall have provided for full-time inspection
by a licensed professional engineer. A licensed professional engineer's
certification shall be required prior to final approval of the subdivision.
(c)
Performance guarantees shall accompany a final plat application
involving a community sewage disposal system. Any such guaranty must
be provided pursuant to a written security agreement with the Town,
approved by the Town Attorney as to form and manner of execution and
by the Town Engineer as to sufficiency.
(d)
Where a community system is to be transferred to a property
owners association (POA), the Town Board shall be satisfied that the
POA possesses the administrative and financial ability to operate
and maintain such a system before the performance guarantee is released.
(3)
On-site sewage disposal systems.
(a)
On-site sewage disposal systems may be utilized for subdivisions
located outside sewer districts, provided suitable soil characteristics
are present.
(b)
Suitable soil characteristics may be demonstrated by either:
(I)
Submission of a percolation test, performed by a licensed professional
engineer, resulting in a percolation rate of one inch in 60 minutes;
or
(II)
Submission of a septic system design plan, prepared by a licensed
professional engineer, meeting the requirements of the New York State
Department of Health.
G.
Erosion and sedimentation control. In the event that a subdivider
shall intend to make changes in grade, excavate, remove, or destroy
the natural topsoil or vegetation covering a site in accordance with
a subdivision plan, the Planning Board may require an erosion and
sedimentation control plan. The erosion and sedimentation control
plan shall be prepared by a licensed professional engineer in cooperation
with the Sullivan County Soil and Water Conservation District and
shall be approved by the Town Engineer.
H.
Storm drainage. In the event that any subdivider shall intend to
install public streets or interrupt or change existing drainage courses,
the Planning Board may require a storm drainage plan. The storm drainage
plan shall be prepared by a licensed professional engineer in cooperation
with the Sullivan County Soil and Water Conservation District and
shall be approved by the Town Engineer.
I.
Lot lines. Lot lines shall follow municipal and county boundary lines
rather than cross them. Reserve strips controlling access to lots,
public lands or adjacent private lands are prohibited.
J.
Burden of proof. The burden of proving a particular parcel is suitable
for subdivision shall be upon the subdivider.
A.
Lots to be buildable.
(1)
The lot arrangement shall be such that, in constructing a building
in compliance with the Town of Highland Zoning Law[1] and New York State Uniform Fire Prevention and Building
Code there will be no foreseeable difficulties by reasons of topography
or other natural conditions. All lots intended for single-family residential
purposes must contain a buildable portion with a dwelling site and
septic system site of not less than 10,000 square feet (5,000 square
feet when served by public or community sewer). The buildable portion
shall:
(a)
Be positioned so as to allow the siting of a principal residence
meeting all code requirements.
[Amended 7-14-2009 by L.L. No. 4-2009]
(b)
Have an average slope of 15% or less.
(c)
Be serviced by a public or community sewer system or have suitable
soil characteristics, so as to permit construction of a subsurface
sewage disposal system (septic system).
B.
Configuration of lots.
(1)
All side lines of lots shall be at approximate right angles to straight
street lines and radial to curved street lines, except where variation
to this rule will provide a safer layout or improve the orientation
of the lots for purposes of solar access.
(2)
If remnants of land exist after subdividing, they shall be incorporated
in existing or proposed lots, unless designated as common area.
(3)
Corner lots shall have a width of at least 150 feet on each street
or right-of-way. Either of the two sides of a corner lot may be designated
as the front, with the rear yard always being opposite the designated
front yard. All corner lots shall have a curve, with a minimum radius
of 25 feet, joining the intersecting street lines.
(4)
Lots shall front on a public street or on a private street, with
a minimum right-of-way width of 50 feet, accessing a public street.
[Amended 11-13-2008 by L.L. No. 3-2008]
A.
Unless deemed by the Planning Board as nonessential, the Planning
Board shall require the dedication or reservation of certain areas
within the proposed subdivision of such character and location as
may be suitable to the needs created by such development and the needs
of the residents of the Town for parks or other community purposes.
B.
Where dedication is required, in no case shall the Planning Board
require more than 10% of the gross area of the entire tract, exclusive
of lakes or ponds, to be so dedicated. The minimum area acceptable
in fulfillment of this provision shall be three acres, except for
a lake access or boat launch area which may be smaller.
C.
In cases where the Planning Board finds that, due to size, topography
or location of the subdivision, the requirement for land dedication
would be unreasonable or undesirable (as for minor subdivisions),
the Planning Board shall require that a fee be paid (such fee to be
determined from a schedule of fees adopted by the Town Board from
time to time by resolution) for each proposed lot in the subdivision,
such monies going into a specifically designated fund for the future
acquisition or improvement of recreational facilities in the Town.
D.
Common open space areas designated for play lots, parks, a boat launch
site 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. Sites so designated
and developed and intended for public dedication shall not be deemed
to be accepted by the Town until a resolution to that effect is actually
passed by the Town Board.
E.
The Planning Board shall rely upon the preliminary plat of each subdivision
to make its determination whether to either require the dedication
or reservation of park or other recreation land, or require the payment
of a fee for each lot in the subdivision, such monies going into a
special fund. Such determination shall be made prior to preliminary
approval of the plat, and any fees paid in lieu of dedication or reservation
of parkland shall be paid prior to final approval of any lots connected
therewith.
A.
Public streets. Streets built for dedication shall not be deemed
to be accepted by the Town until a resolution to that effect is actually
passed.
B.
Private streets. Where it is proposed to, and approved by the Planning
Board to create a subdivision with private street(s) not necessarily
intended for dedication to the Town of Highland, the following requirements
shall be met:
(1)
Private streets shall be built to the same standards as those required
for public streets unless different standards are approved by the
Town Board.
(2)
Rights-of-way for private streets shall include a grant for easements
necessary for the installation of utilities and shall not deny access
to such street to any abutting property owner or owner of any lot
to which the street is intended to provide access.
(3)
Prior to final plat approval, the Town Board shall review and approve
a private road maintenance agreement relative to all proposed private
streets.
(4)
The final plat for the subdivision shall include the following statement
as to any private streets:
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"The street(s) depicted on this plat are private in nature and
the Town of Highland bears no responsibility now or in the future
for their maintenance. Responsibility for maintenance shall be specified
in a Private Road Maintenance Agreement. Further, the approval of
this subdivision shall not be construed to imply or infer any obligation
on the part of the Town of Highland to accept the subdivision street
if same is offered for dedication to the Town in the future."
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(5)
No building permits shall be issued by the Town for any structure
within a subdivision served by a private street until final plat approval
has been granted, and the street has been constructed and inspected
by the Town Engineer and found to meet the specifications as approved
by the Town Board.
[Amended 7-14-2009 by L.L. No. 4-2009]
(6)
Designation of streets as private shall not exempt the subdivider
from any other requirements of this chapter.
No minor subdivision shall be given approval and no major subdivision
shall be given preliminary approval if the land to be subdivided is
the subject of any current violations of the Town Zoning Law or the
New York State Uniform Fire Prevention and Building Code.
A.
Application. In addition to all other requirements imposed by this
chapter, all commercial and industrial subdivisions shall comply with
the requirements of this chapter.
B.
Street systems.
(1)
Traffic movements in and out of commercial and industrial areas should
not interfere with external traffic, nor should they create hazards
for adjacent residential areas.
(2)
The design of streets, service drives and pedestrian-ways should
provide for safe and hazard-free internal circulation of truck traffic,
including provision for fire lanes where appropriate.
(3)
The points of ingress and egress shall be designed so as not to require
commercial or industrial truck traffic to pass through residential
areas insofar as possible.
C.
Block layout. Block layout shall conform, with due consideration
of site conditions, to the best possible service to customers, traffic
and parking circulation and pickup and delivery services. In no case
shall a block length be less than 600 feet.
D.
Size. Lot sizes shall be based on the following factors:
(1)
The total lot area shall be sufficient to provide adequate space
for off-street parking and loading.
(2)
The total lot area shall be sufficient to separate potentially incompatible
uses and allow for proper landscaping of the site.
(3)
Whenever possible, commercial parcels should include enough land
to provide for a group of commercial establishments planned, developed
and operated as a unit.
[Added 11-13-2008 by L.L. No. 3-2008]
The following standards shall apply to roads and driveways giving
access from a subdivision to a public road:
A.
Prior to a subdivider filing an application for a subdivision fronting
on a public road, the following requirements shall be followed and
complied with:
(1)
The subdivider shall, through his licensed land surveyor or professional
engineer, ensure that the proposed subdivision shall be designed in
such a way that each proposed subdivision road and each proposed lot
fronting on a public road has a road access (driveway) location that
meets the sight distance requirements for the Highway Department (Town,
county or state) having jurisdiction.
(2)
The subdivider's licensed land surveyor or professional engineer
shall determine the sight distance at any point along the subdivider's
frontage on a public road by the following process:
(a)
Drive a tall stake in the ground 10.0 feet from the edge of
the travel lane pavement and mark a point on the stake 3.5 feet higher
than the edge of the travel lane pavement. The marked point on the
stake is referred to as the "eye height."
(b)
A brightly colored 4.25-foot-high object is moved down the center
of the approach travel lane to the left and down the center of the
approach travel lane to the right. The farthest point that the 4.25-foot-high
brightly colored object can be seen from the 3.5-foot-high height
on the stake is the sight distance, which is recorded, and marked
on the stake if the sight distance to the left and to the right is
adequate.
(c)
It may be necessary for the subdivider to remove trees, brush
or even earth embankments to achieve safe sight distance.
(d)
It may be necessary to make several trials to find safe sight
distance locations for proposed subdivision roads and driveways to
access a public road.
(3)
When the safe sight distance locations have been determined for the
proposed subdivision roads and driveways to access a public road,
the following steps shall be taken:
(a)
The tall eye-height stake shall be left in place and clearly
marked with the measured sight distance to both the left and the right
and information to identify the stake as being the proposed location
of a subdivision road or the proposed location of the driveway for
Lot No. ____ of the proposed subdivision;
(b)
The proposed locations for subdivision roads and driveways for
lots fronting on a public road shall be shown on a preliminary plot
plan along with the recorded sight distance information, certified
to be accurate, and submitted, as the case may be, to the Town of
Highland Highway Superintendent, the Sullivan County Commissioner
of Public Works or the New York State DOT District Engineer, along
with a letter requesting a field review of the proposed road access
sites and requesting a letter reporting their field review findings
and whether or not each proposed location meets their requirement
for sight distance and future granting of a road access permit.
(c)
If the letter is negative, the subdivider shall repeat the steps
outlined above until a positive response is obtained.
(d)
After the subdivider receives a letter from the appropriate Highway Superintendent, Commissioner of Public Works or District Engineer that approves the proposed road access locations, the subdivider shall submit the original letter and four copies of the letter and five copies of the preliminary plat submitted to the Highway Superintendent, Commissioner of Public Works or District Engineer, to the Planning Board Secretary along with all other information and documents required in § 160-12A and B or 160-13A, B and C.
