A. Waiver of requirements. The subdivider shall adhere to
the following general requirements and standards for land subdivision.
He may apply to the Planning Board however for a waiver or modification
of any requirement or standard by presenting a written request including
the reason for requesting the change. Such request should be filed
with the original application. The Planning Board will act upon it
after the hearing and will inform the subdivider of its decision in
its formal communication.
B. Plats not wholly within the Town. Wherever access to the
subdivision can be had only across land in another municipality, the
Planning Board will require certificates from authorities having jurisdiction
that this access is adequate and approved by the adjoining municipality
and that a legally adequate performance bond has been duly executed
and is sufficient in amount to assure the construction of the necessary
road or roads in such other municipality.
C. Replatting. Replatting of all or part of land covered by
an existing plat or laid out prior to compulsory filing shall follow
the regulations required for an original plat, including the vicinity
map at the time of replatting. Such replat shall show clearly what
area or areas have been vacated. It shall also show the file number
of all previous plats of the same area with dates of filing.
D. Flood hazard. Land liable to periodic or occasional flooding
or where the water table is near the surface shall be subject to special
treatment and review with the Planning Board.
Subdivisions in districts zoned for business or industry and
so intended shall be laid out in a manner appropriate to the use subject
to review and approval by the Planning Board. In approving these plats
the Board shall require adequate provision for off-street loading
and unloading operations, off-street parking, additional street width
where necessary to insure against through traffic being hampered by
automobile and truck movement related to the new structure, provision
for the safety and convenience of pedestrians and appropriate planting.
A. Types of streets. Major streets or highways, including
thru roads as defined in the Town Development Plan, are those which
are used primarily for fast or heavy traffic. Collector and secondary
streets are those which carry traffic from local streets to the major
system of major streets and highways, including the principal entrance
streets of a residential development and streets for circulation within
such development. Local streets are those which are used primarily
for access to the abutting properties. Marginal access streets are
local streets which are parallel to and adjacent to major streets
and highways and which provide access to abutting properties and protection
from through traffic.
B. Planning or official streets. The plat shall include within
it all streets shown on the Official Map and Town Plan that fall within
the site and all other streets that the Planning Board may require
for connection with adjacent property and proper development of the
vicinity.
C. Parallel access streets. Where the proposed subdivision
contains or is adjacent to a railroad right-of-way or limited access
highway right-of-way, provision should be made for a street approximately
parallel to and on each side of such right-of-way at a distance suitable
for the appropriate use of the land between such streets and the right-of-way.
D. Marginal access streets. Where the subdivision contains
or is adjacent to an existing or proposed major street, the Board
may require marginal access streets, reversed frontage with screen
planting, or other treatment to protect residential properties and
to separate through and local traffic.
E. Street jogs. Street jogs with center-line offsets of less
than 125 feet shall be avoided.
F. Street intersections. Intersections of streets shall be
at angles as close to 90° as possible, and in no case shall two
streets intersect at an angle smaller than 60°. To this end an
oblique street should be curved approaching an intersection. Where
three or more streets intersect, a traffic circle or other special
treatment may be required by the Planing Board. At block corners the
traveled way shall be rounded with a curve having a radius of not
less than 25 feet. The corner property lines also shall be rounded
to maintain a margin at least as wide as along the minor intersecting
street between traveled way and property line. Where two streets intersect
at an angle smaller than 75°, the right-of-way returns and the
relation of gutter grades shall be given special treatment as determined
by the Planning Board.
G. Street names.
(1) In order to avoid duplication of names unduly similar
in sound the subdivider shall submit proposed street names to the
Planning Board for approval.
(2) All street signs shall be furnished by the developer and
shall be of such type and so located as required by the Town Highway
Superintendent.
H. Other design standards for new streets. Streets shall meet
the additional design standards set forth below. All street design
shall be approved by Town Engineer and Superintendent of Highways.
Street classification may be indicated on the Town Plan or Official
Map. Otherwise, it shall be determined by the Planning Board.
|
IMPROVEMENT
|
ZONING DISTRICT
|
---|
|
Residential
|
Nonresidential
|
---|
|
Minimum Lot Size in Square Feet
|
Business-Industry
|
---|
|
40,000 or more
|
Less than 40,000
|
---|
|
Minimum Right-of-way Width (feet)
|
|
|
Local street
|
50
|
50
|
60
|
|
|
Collector street
|
50
|
60
|
80
|
|
|
Secondary street
|
60
|
70
|
80
|
|
|
Major street
|
80
|
80
|
80
|
|
Minimum Width — Traveled Way (feet)
|
|
|
Local street
|
30*
|
30
|
40
|
|
|
Collector street
|
30
|
40
|
44
|
|
|
Secondary street
|
40
|
44
|
52
|
|
|
Major street
|
40
|
44
|
64
|
|
Street Pavement, Gutters Drainage Structures, Turnaround,
etc.
|
(See Town of Orangetown Construction Standards and Specifications)
|
|
Maximum Grade
|
|
|
Local street
|
10%
|
10%
|
6%
|
|
|
Collector street and Secondary street
|
8%
|
8%
|
5%
|
|
|
Major street
|
8%
|
8%
|
5%
|
|
Minimum Grade
|
1%
|
1%
|
1%
|
|
Minimum Radius of Curve at C. L. (feet)
|
|
|
Local street
|
100
|
100
|
200
|
|
|
Collector street and Secondary street
|
200
|
200
|
400
|
|
|
Major street
|
400
|
400
|
400
|
|
Minimum Length of Vertical Curve (feet)
|
|
|
Local street
|
100, but not less than 20 for each 1% algebraic difference in
grade.
|
|
|
Collector street and Secondary street
|
200, but not less than 50 for each 1% algebraic difference in
grade.
|
|
|
Major street
|
300
|
|
Minimum Length of Tangents Between Reverse Curves (feet)
|
|
|
Local street
|
100
|
100
|
200
|
|
|
Collector street and Secondary street
|
200
|
200
|
300
|
|
|
Major street
|
300
|
300
|
400
|
|
Minimum Sight Distance (feet)
|
|
|
Local street
|
200
|
200
|
250
|
|
|
Collector street and Secondary street
|
300
|
300
|
300
|
|
|
Major street
|
400
|
400
|
400
|
|
|
At intersections
|
Across corner — 75 back from intersection
|
|
Minimum Turnaround—Local Streets (feet)
|
|
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Diameter
|
|
|
|
|
|
|
Right-of-Way
|
30
|
130
|
160
|
|
|
|
Pavement
|
10
|
110
|
140
|
|
|
Center Island Diameter
|
50
|
50
|
60
|
|
Maximum Length of Cul-de-sac
|
|
|
Permanent
|
six times minimum lot width
|
Serving no more than 15 families
|
500
|
|
|
Temporary
|
Twelve times minimum lot width
|
Serving no more than 30 families
|
1,000
|
|
Sidewalks
|
|
|
Local street**
|
Both sides four feet wide
|
Both sides four feet wide
|
Both sides 10 feet wide***
|
|
|
Collector street and Secondary street
|
Both sides four feet wide
|
Both sides four feet wide
|
Both sides 10 feet wide***
|
|
|
Major street
|
Both sides six feet wide
|
Both sides six feet wide
|
Both sides 10 feet wide***
|
|
|
(See Town of Orangetown Construction Standards and Specifications)
|
|
Minimum Radius at Intersections (feet)
|
|
|
Right-of-Way
|
25
|
25
|
30
|
|
|
Pavement
|
25
|
25
|
30
|
|
*
|
The Board may reduce to 24 feet if the modified specifications
are equivalent to those found in the street specifications and finds
the following:
|
|
|
1.
|
The subdivision is located in an area zoned for one-acre minimum
lot size, and rezoning to smaller lot size is not designated in the
Zoning Code or contemplated in the Town Development Plan.
|
|
|
2.
|
The approved plan of the subdivision calls for at least two
parking spaces per lot at least 25 feet from the street line.
|
|
|
3.
|
The proposed street will serve nearby residences only.
|
|
**
|
May be waived by Planning Board on permanent dead-end streets.
|
|
***
|
In industrial districts, right-of-way and pavement widths, and
sidewalk standards, may be reduced when potential traffic and parking
requirements can be satisfied by lesser standards.
|
In general, block lengths shall not be less than 500 feet nor
more than 1,200 feet. Each normal block shall be planned to provide
two rows of lots but large irregularly shaped blocks with the interior
served by dead-end streets may be presented for consideration.
Lots shall conform to the provisions of the Zoning Code and shall be appropriate for the location and for the
type of development contemplated. Lots for residential use shall front,
where possible, on minor streets, laid out so as to discourage through
traffic. Double-frontage lots shall be avoided, except where necessary
to separate residential areas from traffic arteries or other specific
disadvantages. In such cases a planting screen easement at least 10
feet wide across, which there shall be no right-of-access to, shall
be provided along the lot lines abutting the artery or disadvantageous
use. In general, lot lines shall be at right angles to straight street
lines and radial to curved street lines within 10°. In case a
tract is subdivided into larger parcels than normal building lots,
these parcels should be arranged to allow for the opening of future
streets and logical further subdivision.
Public utility easements (refer back to pre-preliminary stage), at least 10 feet wide, centered along either rear or side
lot lines and laid out to provide satisfactory access to existing
public highway or other public open space shown upon the proposed
subdivision or upon the Official Map, shall be provided for utilities
where necessary. Service alleys will not be approved in residential
districts. In commercial districts, suitably surfaced alleys generally
20 feet in width may be allowed by the Planning Board.
Areas for schools, where required by the Planning Board, shall
be set aside for dedication or reservation. No arbitrary percentage
of area will be specified, but in general the developer should set
aside suitable land sufficient for this purpose and shall provide
in addition adequate parking space within such areas.
A. Sites reserved. The Planning Board may require that land
be reserved for parks and playgrounds or other recreation purposes
in locations designated on the Town Plan or Official Map, or otherwise
where it deems that such reservations would be appropriate. Each reservation
shall be of suitable size, dimension, topography and general character,
and shall have adequate road access, for the particular purposes envisioned
by the Planning Board. The area shall be shown and marked on the Plat
"Reserved for Recreation Purposes." When recreation areas are required,
the Planning Board shall determine the number of acres to be reserved
from the following table, which has been prepared on the basis of
providing two acres of recreation area for every 100 families. The
Planning Board may refer such reservations to the appropriate Town
agency for recommendations.
|
TABLE OF RECREATION REQUIREMENTS
|
---|
|
Existing Zoning District
|
Percentage of Total Land in Subdivision to be Reserved
for Recreation Purposes
|
---|
|
Residence
|
|
|
Residence R-40
|
2.0%
|
|
Residence R-22
|
3.5%
|
|
Residence R-15
|
5.0%
|
|
Residence RG
|
10.0%
|
B. Minimum size of park and playground reservations. In general,
land reserved for recreation purposes shall have an area of at least
four acres. When the percentages from the table above would create
less than four acres, the Planning Board shall require that the recreation
area be located at a suitable place on the edge of the subdivision
so that additional land may be added at such time as the adjacent
land is subdivided. In no case shall an area of less than two acres
be reserved for recreation purposes if it will be impractical or impossible
to secure additional lands in order to increase its area.
C. Recreation sites. Generally, land reserved for recreation
purposes shall be of a character and location suitable for use as
a playground, playfield or other recreation purposes, and shall be
relatively level and dry. A recreation site shall generally have a
total frontage on one or more streets of at least 100 feet, and no
other dimension of the site shall be less than two 200 feet or as
approved by the Planning Board. The Planning Board may refer any subdivision
proposed to contain a dedicated park to the appropriate Town agency
for its recommendation. All land to be reserved for dedication to
the Town for park purposes shall have prior approval of the Town Board.
D. Other recreation reservations. None of the subsections
above shall be construed as prohibiting a developer from reserving
other land for recreation purposes in addition to the requirements
of this section.
E. Alternative procedure; money in lieu of land. Where the
Planning Board, after consultation with the Orangetown Park Development
Advisory Committee, deems, with respect to a particular subdivision,
including minor subdivisions, that a reservation of land would be
inadequate in size for park or playground use, either above or in
conjunction with abutting reservations on adjoining subdivisions,
or is otherwise inappropriate for such use, the Planning Board shall
waive the requirement for such reservation with the condition that
the applicant deposit with the Town Board prior to filing the vellum
a cash payment in lieu of land reservation. Such deposit shall be
placed in a special fund, and each such deposit shall be separately
identified to show the name and location of the subdivision for which
the deposit was made. Such deposit shall be used by the Town for neighborhood
parks, playgrounds or recreation areas, including the acquisition
of property and/or development thereof. However, such deposit must
be used within a reasonable period of time, and such expenditure must
be for facilities that will be actually available to and benefit the
persons in said subdivision. The Planning Board shall determine the
amount to be deposited based on the formula established by resolution
of the Town Board.
[Amended 6-12-1972; 12-9-1974; 12-8-1986 by L.L. No. 6, 1986; 10-16-1995 by L.L. No.
22, 1995]
(1) Specifications on parklands to be dedicated to the Town.
The developer shall do the following prior to dedication, and the
estimated cost of such work shall be included in the subdivision bond:
(b)
Grade property to final contours, as approved by
the Planning Board, so as to provide a usable self-draining site.
(c)
All topsoil is to remain or all topsoil will be provided,
as required by subdivision regulations, for individual lot development.
(d)
The area is to be seeded and planted in the same
manner as the subdivision regulations provide for one-family houses
or in accordance with the requirements of the Planning Board.
(e)
Trees are to be provided as required by the Planning
Board on all road frontages.
(f)
Curbs and sidewalks are to be installed along all
street frontages.
(g)
Curb cuts are to be provided as directed by the Planning
Board.
(h)
Stabilized slopes are required.
(i)
All sewers and utilities are to be brought to the
site.
A. Street improvements. All the improvements required shall be constructed in
accordance with the latest specifications, of the Town of Orangetown.
Additional specifications may be required by the Superintendent of
Highways in particular circumstances.
B. Water supply. Where a water main is accessible, the subdivider
shall connect into the main and provide a water connection for each
lot, site or other area. Where a main is not reasonably accessible,
the subdivider shall place on file with the municipality or utility
serving the area a petition for the future installation of necessary
mains and connections.
C. Final survey. After the construction of the highways and
installation of the drainage facilities, the bond furnished by the
developer shall not be released until such time as a final amended
survey has been submitted to Town Planning Services Department showing the final grades, all contours, drainage, sewers
and other improvements as constructed and installed.
D. Sewage disposal. Where a public sanitary system is accessible
the subdivider shall connect into the sewer and provide a sewer connection
for each lot. Where the sewer is not reasonably accessible but where
the plans for the sanitary sewer district in which the subdivision
is located have been prepared, the subdivider shall install sewers
in conformity with those plans although a connection with an existing
main may not be immediately practicable. Where the subdivision involved
is not in a sewer benefit area, the developer shall present a proper
petition and plan to the Town Board for the creation of an approved
type of sewer benefit area, and shall install sewers as shown on the
said plan, although a connection with an existing main may not be
immediately practicable. In such cases and until the connection is
made with the sewer system of the district, the subdivider shall provide
private sewer disposal systems to conform to the requirements of agencies
having the jurisdiction.
E. Drainage.
(1) The developer may be required by the Planning Board to
carry away by pipe any spring or surface water that may exist either
previously to, or as a result of, the subdivision. Such drainage facilities
shall be located in the road rights-of-way where feasible, or in perpetual
unobstructed easements of appropriate width, and shall be constructed
in accordance with the standards and specifications.
(2) A culvert or other drainage facility shall, in each case,
be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or outside the subdivision. The Town
Engineer or Consulting Engineer shall determine the necessary size
of facility, based on the provisions of the Town standards and specifications, assuming conditions of maximum potential watershed development
permitted by the Zoning Code. The Planning Board may require that because of existing
or potentially hazardous conditions that the drainage facilities be
piped or enclosed.
(3) The Town Engineer shall also study the effect of each
subdivision on existing downstream drainage facilities outside the
area of the subdivision. Where it is anticipated that the additional
inter-Town runoff incident to the development of the subdivision will
overload an existing downstream drainage facility as determined by
the Town's Consulting Engineer, the the Planning Board shall
notify the Town Board, or other appropriate owners of downstream property,
of such potential condition. In such ease, the Planning Board may
withhold approval of the subdivision until provision has been made
for the improvement of said potential condition.
(4) Lots shall be graded so as to prevent ponding on the lot
area. Final grading and draining on all lots shall comply with elevations
and drainage as shown on subdivision plat.
(5) The developer shall provide temporary drainage structures
and be fully responsible for adverse conditions resulting from stormwater
runoff during construction.
(6) Where changes in the approved lot grading, final contours
or the storm drainage plan, either internally or externally, are required
to be made during the course of construction, the developer shall
prepare a new plan showing the proposed changes and submit same for
approval by the Town Engineer. No change shall be made in the lot
grading and internal or external drainage, as shown on the approved
plan, until such change has been approved by the Town Engineer and
the Planning Board as herein provided. The Building Inspector may
withhold issuance of further permits or certificates of occupancy
if, in the opinion of the Town Engineer or the Planning Board, the
public health, safety and welfare of the Town will be adversely affected
by construction continuing prior to the approval of the required changes
in the approved drainage plan. Upon approval of the Town Engineer
and the Planning Board, a copy of the revised plan, showing all changes
of the approved plan, shall be refiled with the County Clerk and properly
cross-referenced. Copies of refiled plan to Building Inspector.
(7) Before favorable consideration will be given by the Planning
Board to an application for final approval, the subdivider shall secure
approval of his grading and drainage of lots and drainage system by
the Town's Consulting Engineers. The subdivider shall submit
the following to the Engineers:
(a)
A topographic map of the development and contiguous
areas and to a scale not more than 100 feet to the inch, showing:
[1]
Final contours referred to U. S. G. S. datum, contour
interval not to exceed two feet, and indicating the proposed grading,
drainage, swales, ditches and indicate by directional arrows surface
water flow of the individual lots.
[2]
All existing and proposed drainage structures (pipes,
street inlets, manholes, culverts, etc.) in sufficient detail to permit
examination of the system.
(b)
Profiles along all existing and proposed streets,
showing:
[1]
All existing and proposed drainage structures.
[2]
Their sizes, slopes and invert elevations.
(c)
Plans and sections showing the type and structural
details of manholes, street inlets, culverts and other drainage structures
which will be used in the drainage system.
(d)
If the planned system requires changes in existing
drainage structures or involves discharging the runoff on abutting
property not owned by the subdivider, the subdivider shall submit,
with his drainage plans, evidence of authority to make the required
changes to dispose of the runoff on the abutting property and, if
necessary, file easements with the Town.
(e)
The subdivider shall submit seven copies of each
drawing: one copy for the Planning Board, one for the Town Superintendent
of Highways, one for the Engineer's records, one for the subdivider
and one for the Hackensack Water Company (if the runoff is discharged
within the watershed of the Hackensack River.)
(f)
The subdivider shall submit additional drawings if
he wishes copies of the letter of approval to be sent to parties other
than those mentioned above.
(g)
All drainage systems submitted for approval shall
be designed by a New York State licensed professional engineer, whose
seal and signature shall be affixed to the plans.
(h)
If the design is acceptable, the Planning Board and
the subdivider will be so advised by the Engineers. The plans and
profiles of the drainage system, approved by the Planning Board, will
be used to check construction.
(8) The Planning Board reserves the right to subject the construction
of the drainage system to rigid inspection. No pipe or structure shall
be backfilled until inspected. The subdivider shall notify the Building
Department in advance of his construction schedule so that inspections
can be made most advantageously for all parties concerned. No drainage
pipe or structure shall be covered until inspected by a representative
of the Town. The subdivider (or his contractor) shall advise the Engineer
sufficiently in advance as to the stage of construction requiring
inspection. When construction is completed, the subdivider shall submit
to appropriate Town departments "as-built" record drawings (in three
copies), on cloth, of the highway drainage system and sewerage prepared
by a New York licensed professional engineer. The drawings will be
examined by the Engineer of the Town of Orangetown, and one copy will
be filed by the Town Clerk for permanent record and copy retained
by the Highway Department and Sewer Department.
(a)
All stream diversions shall be in accordance with
the laws and ordinances of the State of New York and the Town of Orangetown.
[Added 2-28-1972; amended 6-26-1972]
A. The Department of Public Works shall provide for the inspection
of required improvements during the construction of a residential
or commercial subdivision or development. The applicant or developer
shall pay to the Town an inspection fee of 3% of the amount of the
performance bond or the estimated cost of the required improvements,
whichever is the larger. The subdivision plat shall not be approved
for filing by the Planning Board unless such fee has been paid to
the Town. In addition, the developer shall pay extra payroll costs
for all engineering and inspection services requested by the developer
or any contractor outside the regular Town work hours. Said fees shall
be due and payable upon demand of the Town.
B. The fees, charges and costs provided for herein shall be
paid to the Department of Public Works. Said Department shall issue
a receipt therefor to the applicant and forward a duplicate original
receipt to the Office of Building, Zoning and Planning Administration
and Enforcement of the Town of Orangetown. Such receipt shall be deemed
sufficient evidence of the payment of the said fees, charges and costs.
C. No certificate of occupancy shall be issued for any structure
unless and until the Department of Public Works has issued its receipt
showing payment of all fees, charges and costs or its certification
that all fees, charges and costs have been paid to date.
D. Affidavit of completion; pre-dedication escrow. Prior to
the final approval and acceptance of dedications of any public improvements
and release of any performance bond pursuant to the Town Code and
the final Planning Board approval, the principal, applicant, and/or
owner and/or developer on the project must sign an affidavit on a
form provided by the Town stating that all the necessary work is completed
on all public improvements for the entire subdivision and all public
improvements are ready for dedication pursuant to the Town Code and
the final Planning Board approval for the project. The applicant shall
submit to the Town, along with the affidavit, current and up-to-date
paper as-built drawings, along with a pre-dedication escrow fund,
in an amount as established by the Town Board. Said monies shall be
held in escrow by the Town and returned to the applicant upon approval
of all public improvements by the Town Engineer and Superintendent
of Highways. Upon receipt of the affidavit and pre-dedication escrow,
the Town shall perform an inspection of all public improvements. If
the public improvements as set forth in the affidavit have not been
satisfactorily completed pursuant to the Town Code and the final Planning
Board approval, or as otherwise determined by the Town Engineer and
the Superintendent of Highways, a letter shall be sent by the Town
Engineer and/or the Superintendent of Highways to the applicant detailing
any outstanding items that must be addressed prior to approval and
acceptance of any dedications and forfeiting the funds held in escrow
as set forth herein. The applicant must thereafter submit another
affidavit and pre-dedication escrow fund pursuant to this section,
which monies shall be held in escrow and returned to the applicant
upon approval of the Town Engineer and Superintendent of Highways.
Whenever an applicant files an affidavit as set forth herein and the
improvements are not satisfactory to the Town Engineer and Superintendent
of Highways, the pre-dedication escrow funds as set forth herein shall
be forfeited to the Town.
[Added 7-24-2006 by L.L. No. 11-2006]
[Added 9-30-1992 by L.L. No. 16, 1992]
The fees required in accordance with §§
21-20 and
21-21.1 of this chapter may be waived by the Town Board of the Town of Orangetown, at its sole discretion, with respect to applications made by educational, religious, fraternal, service organizations and all other not-for-profit entities.
[Added 7-24-2006 by L.L. No. 11-2006]
Whenever the Town Engineer has reasonable grounds to believe that the construction of any public improvements as set forth in §
21-21 and as required pursuant to final subdivision approval by the Planning Board is not being performed in conformity with the final subdivision plan and/or the requirements and specifications as set forth by the Town Engineer in authorizing said improvements or as otherwise required by law, he shall notify the owner of the property, or the owner's agent or the person performing the work, to suspend work, and any such persons shall forthwith stop such work and suspend construction activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which construction may be resumed, including remediation of any defective or deficient condition in the construction of the improvements as determined by the Town Engineer, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same in a conspicuous location in the area wherein the construction is taking place or about to take place and sending a copy of the same by registered or certified mail.
Monuments shall be constructed in accordance with the specifications
of the Town Highway Superintendent and the requirements of the State
Department of Public Works. They shall be set at all corners and angle
points of the boundaries of the original tract, at all street intersections
and points of curve and at such intermediate points as shall be required
by the Town Highway Superintendent. The corners of all lots shall
be marked with metal rods 3/4 inch in diameter and at least 30 inches
in length, driven into the ground to grade, said corner markers to
be installed after final grading.
A. All abandoned road surfaces, masonry, foundations, or portions
thereof, and similar impervious structures located under the surface,
within three feet of the top of the finish subgrade, shall be removed
or broken so that the greatest dimension of any piece is not greater
than three inches and generally surrounded by acceptable soil. Acceptable
soil shall be free from rejected organic matter, i.e., boggy, peaty
or other unsuitable material such as garbage, sewer sludge, ashes,
cinders and refuse. Subgrade shall be graded uniformly, in a workmanlike
manner, so as to take care of the drainage, and shall have the same
contour as the finish grade of the topsoil. All stones over four inches
in diameter that are within six inches of the finish subgrade shall
be removed.
B. Before any spreading of topsoil there shall be a subgrade inspection by the Town Building Department to determine compliance with Subsection
A, above, and proper drainage.
A. No topsoil shall be removed from the subdivision. In areas
over which heavy equipment will be operated, topsoil shall be stripped
and piled on the property. When the final grades have been established
and construction activities have been completed, the property shall
be suitably graded and recovered with topsoil to an average depth,
after rolling, of at least four inches over the entire area, except
that portion covered by buildings or included in roads, and on any
portion of the lot left in an undisturbed condition.
B. Topsoil shall not be spread after September 15 or before
May 1. A certificate of occupancy issued between September 15 and
May 1 shall require escrow of an agreed amount per lot. No certificate
of occupancy shall be issued until the grading and respreading of
the topsoil has been completed, unless a bond or escrow in an amount
sufficient to guarantee the proper grading of the property and the
respreading of topsoil is provided.
C. This requirement on topsoil is a responsibility accepted
by the builder on behalf of the purchaser of the property, and any
claims for nonperformance shall be only by the purchaser against the
builder.
[Amended 9-13-1971; 12-27-1995 by L.L. No. 40-1995; 2-22-1999 by L.L. No.
3-1999]
A. In the undisturbed area of the real property, there shall
be no land clearing, clearing, development or construction within
this area. In an area designated as a conservation easement, the land
shall be left forever undisturbed and in its natural state.
B. In the development area of the real property, the property
owner or developer shall protect all specimen trees and major trees
in the development area on the approved subdivision plat and/or site
plan designated to be preserved by the Architecture and Community
Appearance Board of Review (ACABOR). Such trees shall not be damaged
during construction activities or removed without the prior consent
of ACABOR. In the event that such trees are damaged during construction
activities or removed without prior consent of ACABOR, such trees
shall be replaced by trees the size and species of which are to be
determined by ACABOR, which trees shall be guaranteed and maintained
for a period of one year. Any person violating this provision shall
be guilty of a violation and, upon conviction thereof, shall be fined
in an amount not exceeding $1,500 for each tree removed and in violation
of ACABOR's decision that it be preserved, whether said tree
is replaced or not replaced pursuant to ACABOR determination. In addition,
each property owner or developer shall preserve or plant at least
one tree on the street side of each lot with spacing for a maximum
of 40 feet between each tree as approved by ACABOR.
(1) Specification. The required tree shall be located on the
lot, street side with spacing of one tree each 40 feet, with no tree
within 25 feet of a street corner or within 20 feet of a fire hydrant.
The tree shall be from the Town-approved tree list and shall be two-and-one-half-inch
caliper, bagged and balled, pest and disease free and nursery grown.
All trees shall be planted according to all landscaping industry standards
and guaranteed for one year. The guarantee shall be in writing, a
copy of which shall be given to the Town of Orangetown and shall be
a condition of the issuance of a certificate of occupancy. The developer
is to plant such trees with consideration to overhead wires. In the
event that plantings are not completed due to weather or due to the
time of year at the time of an application for a certificate of occupancy,
the Town shall retain the sum of $1,500 for each tree required to
be held in escrow to ensure planting of trees as required hereunder.
In the event that the trees are not planted within one year from the
issuance of the certificate of occupancy, the Building Department
shall direct the Parks Department to cause such tree to be planted.
The Building Department shall provide the escrow sum to the Parks
Department to complete the same. The escrow agreement shall be in
the form as approved by the Town Attorney.
(2) Liability. All work referred to above shall be performed
without cost to the Town by the developer. The developer shall provide
guarantee of sustained growth for a period of one year after the date
of planting. Where the purchaser of the lot removes the tree or trees,
the developer shall not be required to further replace the same, and
any security deposited which the developer has made may be immediately
returned. If the maintenance bond of the developer covets the planting
and maintenance of the tree or trees, no escrow money shall be required.
(3) Tree lists.
(a)
The following list of trees is approved. The Board determines if the area is damp, except when there are overhead conductors. In those instances the lists set forth in Subsection
B(3)(b) or
(c) shall be used as appropriate.
|
Cornus Kousa (Kousa Dogwood)
|
|
Pennsylvania Marshall's Seedless (Green Ash)
|
|
Veluntina Var. Globra (Modesta Ash)
|
|
Ash Genus — Fraxinus
|
|
Gleditsia Triacanthos Inermis (Shademaster Locust)
|
|
Gleditsia Triacanthos Skyline (Skyline Thornless Honeylocust)
|
|
Malus Baccata (Siberian Crab)
|
|
Nyssa Sylvatica (Sour Gum)
|
|
Platanus Acerifolia (London Plane Tree)
|
|
Prunus Sargenti (Sargent Cherry)
|
|
Prunus Serrulata Kwanzen (Kwanzen Cherry)
|
|
Pyrus Calleryana (Callery Pear)
|
|
Quercus borealis (Red Oak)
|
|
Quercus Coccinea (Scarlet Oak)
|
|
Quercus Palustris (Pin Oak)
|
|
Quercus Phellos (Willow Oak)
|
|
Tilia Cordata (Little Leaf European Linden)
|
|
Zelkova Serrata Village Green (Village Green Zelkova)
|
|
Red Spire
|
|
Chanticler
|
(b)
The following list of trees is approved for damp
areas:
|
Cercidiphyelus Japonicum (Katsura Tree)
|
|
Liquidambar Styaciflua (Sweet Gum)
|
|
Nyssa Sylvatica (Sour Gum)
|
|
Malus Baccata (Siberian Crab)
|
|
Platanus Acerifolia (London Plane Tree)
|
|
Quercus Phellos (Willow Oak)
|
(c)
In the event that there are overhead conductors,
the following list of trees are approved:
[1]
Trees which are less than that 25 feet in height
and are planted 15 feet from conductors:
|
Tree
|
Mature Height
(feet)
|
---|
|
Amur Maple
|
18-20
|
|
Tatmar Maple
|
18-20
|
|
Crimson Cloud Hawthorn
|
15-20
|
|
Lavelle Hawthorn
|
10-20
|
|
Ivory Silk Japanese Tree Lilac
|
20-25
|
|
Oriental Upright Cherry
|
18-20
|
|
Ample Leaf Plum
|
12-15
|
|
Thundercloud Plum
|
12-20
|
|
Japanese Maple
|
10-20
|
|
Saucer Magnolia
|
20-25
|
|
Snowdrift Crabapple
|
18-20
|
[2]
Trees which are less than 40 feet in height and
are planted 15 feet from conductors:
|
Tree
|
Mature Height
(feet)
|
---|
|
Hedge Maple
|
25-40
|
|
Imperial Honeylocust
|
30-40
|
|
Autumn Blaze Callery Pear
|
25-30
|
|
Cleveland Select Callery Pear
|
35-40
|
|
Redspire Callery
|
35-40
|
|
Spring Snow Crabapple
|
25-35
|
|
Flowering Dogwood
|
25-30
|
|
Kwanzan Oriental Cherry
|
25-35
|
|
Pink Flowering Dogwood
|
25-30
|
|
Washington Hawthorn
|
25-35
|
|
Thornless Cockspur Hawthorn
|
25-30
|
|
Sargent Cherry
|
30-40
|
[3]
Trees which are more than 40 feet in height and
are planted 35 feet from conductors:
|
Tree
|
Mature Height
(feet)
|
---|
|
Cleveland Select Norway Maple
|
45-55
|
|
Autumn Flame Red Maple
|
45-55
|
|
Red Sunset Red Maple
|
50-60
|
|
Commemoration Sugar Maple
|
50-60
|
|
Skyline Honeylocust
|
65-75
|
|
Shademaster Honeylocust
|
60-70
|
|
Autumn Purple White Ash
|
50-60
|
|
Rose Hill White Ash
|
50-65
|
|
Patmore Green Ash
|
50-60
|
|
Urbanite Green Ash
|
50-60
|
|
Black Tupelo
|
40-70
|
|
Pin Oak
|
45-75
|
|
Red Oak
|
60-80
|
|
Legend American Linden
|
50-70
|
|
Little Leaf Linden
|
60-80
|
|
Village Green Zelkova
|
40-80
|
C. The Town Board of the Town of Orangetown shall adopt a
resolution setting forth the guidelines for a program for protecting
and preserving trees, shrubs and other natural vegetation within the
Town of Orangetown.
The developer shall install underground utilities, electric,
telephone, etc., in the streets and on the lots unless this requirement
is waived by the Planning Board. The developer shall obtain the approval
of the Town Board of the type, material and location of all streetlighting
standards.
All debris from both land clearing and building operations shall
be legally removed from the property and from adjoining property,
and the subdivision left in a clean condition.
A. On application for a building permit, a plot plan shall
be submitted showing lot number, dimensions and square footage of
lot, location of house, all setbacks, driveway, house model and size
of house. Finish grade elevations at all lot corners and house corners,
garage slab, grade door sill and the elevation of the road at a point
opposite the side lines of all lots. The surface water drainage on
all lots shall be indicated by flow arrows. This plan shall conform
with the finish grade and contours as indicated on the approved subdivision
map.
B. On application for a certificate of occupancy, a final
plot plan shall be submitted showing the final location of the house,
and so stating all of the requirements in the above Paragraph A, and
a statement by the developer's licensed engineer or surveyor
that the plot plan is an as-built plan. The plan shall also indicate
the iron pin lot markers at all lot corners, and the developer's
engineer or surveyor shall certify by signing that they have been
installed and give the date of installation.
A. All drainage swales draining more than one lot shall have
grass cover and all slopes steeper than one on three shall have grass
cover to prevent erosion.
B. If actual lot grading does not conform to the approved
drawings, no certificate of occupancy will be granted until the condition
is corrected or the changes are approved by the Town's Consulting
Engineers and the grading completed.
A. When required by the Building Department or the Town Engineer,
all house roof drains shall be connected to the street storm sewer
or to dry wells, at least 20 feet from structure on the lot.
B. When required by the Building Department or the Town Engineer,
window wells shall be graveled and drained by piping to the street
storm sewer or to a dry well at least 20 feet from structure on the
lot.
C. All soil erosion caused by roof drains shall be repaired.
Houses in developments shall not have more than one kitchen,
and no provisions shall be made for a future kitchen.
During construction, the developer shall keep all roads free
and clear of dust and debris, and shall employ proper methods to control
dust on the construction site.
Until the streets are dedicated to the Town of Orangetown, the
developer shall remove snow from all streets on which certificates
of occupancy have been issued. If the developer does not do so, the
Town may on 12 hours' notice hire a contractor to plow the snow
and charge the cost thereof to the developer. The subdivision bonds
shall not be released or reduced unless all claims for snow plowing
have been paid.