[HISTORY: Adopted by the Town Board of the
Town of Catskill 1-17-2007 by L.L. No. 1-2007; amended in its entirety 10-3-2023 by L.L. No. 4-2023. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Town of Catskill Subdivision
Regulations."
This Catskill Town Board hereby finds that this chapter is adopted
for the following purposes:
A.
Promoting the orderly growth and development of the Town.
B.
Affording adequate facilities for the housing, transportation, distribution,
comfort, convenience, health and safety of Town residents.
C.
Minimizing foreseeable maintenance and improvement problems as well
as economic burdens associated with development of land.
D.
Conserving the Town's natural resources and protecting its attractive
environment so as to maintain property values and otherwise provide
for the general welfare of residents of the Town of Catskill.
E.
To facilitate and implement the Town Comprehensive Plan.
By the authority of the resolution of the Town Board of the
Town of Catskill adopted on January 17, 2007, pursuant to the provisions
of Article 16 of the Town Law of the State of New York, the Planning
Board of the Town of Catskill is authorized and empowered to approve
preliminary and final plats of subdivisions showing lots, blocks or
sites, with or without streets or highways, and to approve the development
of entirely or partially undeveloped plats already filed in the Office
of the Clerk of Greene County within that part of the Town of Catskill
outside the limits of any incorporated city or village.
A.
Regardless of whether or not any formal conveyance by metes and bounds
shall be made, when any subdivision is proposed and before any offer
is made to sell any part or all of a 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 shall
be undertaken, the subdivider or his authorized agent shall first
obtain the appropriate approval of the proposed subdivision in accordance
with the requirements of this chapter.
B.
It shall further be the obligation of each prospective purchaser
or developer 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, a prospective purchaser shall not commence
the erection of any structure on such lot, nor commence any grading,
clearing, construction or other improvements.
C.
After the effective date of this chapter, no building permit or certificate
of occupancy shall be issued for any construction, structure or development
except in conformance herewith.
D.
No construction, alteration, removal, demolition, excavation, enlargement
or use shall be commenced except in conformance herewith.
E.
The regulations of this chapter shall not apply to lot improvements as defined herein (see § 140-16). The Planning Board shall be authorized, where requested and for legal recording purposes, to indicate in writing on any qualifying plat presented that "These plans are acknowledged by the Town of Catskill, and for recording purposes only, to represent an exempt lot improvement in accordance with § 140-16 of the Town of Catskill Subdivision Regulations. No subdivision approval is required or given." No plat so submitted, however, shall indicate that a subdivision is being created or approved through action of the Planning Board.
F.
Applications for a subdivision or lot improvements will not be approved
if a violation of Town Code and State Building Code exists at the
parcel which is the subject of the proposed application or real property
taxes are delinquent regarding said parcel.
G.
The Town Board may from time to time, by resolution, establish fees
for activities that are regulated by the State Building Code and Town
of Catskill Code. All unpaid fees shall be re-levied on the next Town
bill against the subject parcel.
H.
As a condition
for subdivision or lot line improvement approval, where the site which
is the subject of the application has been the subject of litigation
or code enforcement which resulted in an unpaid debt to the Town established
by stipulation or a court order, said debt to the Town must be paid
in full.
A.
The provisions of this chapter, in their interpretation, application
and enforcement, shall be held to be 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 law, rule or regulation, statute or provision of law. Where
any of the provisions of these regulations impose restrictions different
from any other law, rule or regulation or other provision of law,
whichever provisions are more restrictive or impose higher standards
shall control.
C.
If any part or provision of these regulations is judged invalid by
any court of competent jurisdiction, such judgment shall be confined
in application to the part or provision directly on which judgment
shall have been rendered and shall not affect or impair the validity
of the remainder of this chapter or the application thereof to other
persons or circumstances. The Town hereby declares that it would have
enacted the remainder of these regulations even without such part
or provision or application.
A.
Any person who shall lay out, construct or open any street, sanitary
sewer, storm sewer, water main or other improvements for public use,
travel, or other purposes or for the common use of occupants of buildings
located or abutting thereon, or who sells, transfers, rents, leases,
conveys by other means, or agrees or enters into an agreement to do
the same with any land in a subdivision, unless and until a final
plat has been prepared, approved and recorded in full compliance with
the provisions of this chapter, shall be deemed to have committed
a violation of this chapter and shall be liable for such violation.
B.
Any person found in violation of this chapter shall be subject to
a fine not exceeding $350 per lot, parcel or dwelling. All fines collected
for such violations shall be paid to the Town of Catskill.
C.
Each day that a violation continues shall be a separate violation,
but nothing herein shall require the Town to post separate notice
each day that a violation continues.
D.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
E.
In addition to the penalties provided above, the Town shall be authorized
to initiate and maintain a civil action to obtain an injunction against
subdividers who attempt the improper sale, lease, or conveyance of
land or to set aside and invalidate any conveyance of land made prior
to Town approval.
Amendments to this chapter shall be made pursuant to the New
York State Municipal Home Rule Law and § 261 of the Town
Law. Also, should provisions of the New York State Town Law be amended
to require actions different from those specified herein, the state
requirements shall prevail.
A.
As used in this chapter, words in the singular include the plural,
and those in the plural include the singular. The words "shall" and
"will," for the purpose of this chapter, are defined as mandatory.
B.
For the purpose of this chapter, the following terms shall be considered
interchangeable:
C.
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 is a list of specific terms found elsewhere in
the chapter, along with definitions of their intended meaning:
Land used in agricultural production with designated boundaries
that has been established as an Agricultural District pursuant to
Article 25-AA of the State Agriculture and Markets Law.
The surfacing of a street, parking area, access or walkway
to a mud-free or otherwise permanently passable condition during all
seasons of the year and under adverse weather conditions. Macadam,
gravel, crushed stone and shale surfaces will all suffice to meet
this test, but the depth and installation of the material shall be
subject to the approval of Town Highway Superintendent.
A permanent serviceway providing a secondary means of access
to abutting lands.
A landowner, developer or subdivider, as hereinafter defined,
who has filed an application for subdivision plat approval, including
heirs, successors and assigns.
That portion of a street between the outer edge of the traveled
way or pavement and the point of intersection of the slope lines at
the outer edge of the roadway, for the accommodation of stopped vehicles
and for lateral support.
A tract of land or a lot or group of lots bounded by streets,
public parks, railroad rights-of-way, watercourses, bodies of water,
boundary lines of the Town, or by any combination of the above.
Any combination of materials forming any construction, except
where entirely underground so as to permit the use of the ground above
the same as if no building were present; the term "building" shall
include the term "structure."
A sewage system or water supply system designed to serve
more than one dwelling unit or building, not including the use of
a single well or disposal system for two dwellings on the same parcel
of land. See "on-site sewage or water supply."
A parcel or parcels of land or an area of water, or a combination
of land and water, within a subdivision, which parcel or parcels have
been designed and intended for the use or enjoyment of residents of
the development which is to be jointly owned and maintained by the
lot owners, lessees and/or members of the subdivision and identified
as such by the subdivider on any plat offered to the Town for approval.
It does not include streets, off-street parking areas and areas set
aside for utility placement, rights-of-way or similar public facilities.
A form of development for one-family-dwelling residential
subdivisions that permits a reduction in lot area and other development
standards, provided that there is no increase in the number of lots
permitted under a conventional subdivision, given the specific site
conditions, and no less than 50% of the total land area is devoted
to permanent common open space.
The County of Greene, State of New York, and its planning
agency.
A minor street providing a single access to a group of lots
with a turnabout area at the end of such street.
The New York State Department of Environmental Conservation.
A draft environmental impact statement as required by the
New York State Environmental Quality Review Act, or SEQRA.
The property owner, or authorized agent of the property owner,
including but not limited to any individual, partnership or corporation
who undertakes a subdivision or any of the activities covered by this
chapter, particularly the preparation of the subdivision plat showing
the layout of the land and the public improvements involved therein.
The term "developer" is intended to include the term "subdivider"
and "applicant," even though the personnel involved in successive
stages of such project may vary.
A lot which is not a corner lot and abuts two or more streets,
with possible vehicle access to both streets.
A building designed or used principally as the living quarters
for one or more families. The term "dwelling" shall not be deemed
to include "hotel," "motel," "rooming house" or "tourist home."
DWELLING, ONE-FAMILYA dwelling designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILYA dwelling designed for or occupied by two families living independently of each other.
DWELLING, MULTIFAMILYA dwelling or group of dwellings on one plot containing separate living units for three or more families living independently of each other, including apartment houses, apartment hotels, town homes, flats and garden apartments.
An environmental assessment form as required by the New York
State Environmental Quality Review Act, or SEQRA.
A recorded right-of-way granted, but not dedicated, for limited
use of private land for a public or quasi-public or private purpose
and within which the lessee or owner of the encumbered 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 grantee.
An environmental impact statement as required by the New
York State Environmental Quality Review Act, or SEQRA.
A professional engineer licensed as such by the State of
New York and appointed or hired on a consulting basis to provide engineering
advice to the Town.
A final environmental impact statement as required by the
New York State Environmental Quality Review Act, or SEQRA.
A lot located at the rear of another lot and where access
from the rear lot to the public or approved private street is by a
narrow strip of land at least 20 feet wide. Flag lots are also known
as "rear lots."
The narrow strip of land, generally uniform in width, that
provides the flag lot with access to a public or approved private
street and is sometimes referred to as the "flag pole."
The measurement of a lot along the street line contiguous
to the street right-of-way contained in the ownership of said lot.
The side of the lot designated as street frontage shall also be that
area of the street in which physical access is provided to the proposed
building.
An incorporated organization formed under the laws of New
York State and responsible for ownership, operation and maintenance
of all common property and improvements within an approved subdivision,
including, but not limited to, private roads, drainage, and open space.
A parcel of land occupied or designed to be occupied by one building and the accessory buildings or uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with such buildings pursuant to Chapter 160, and which has frontage on a public or approved private street which provides access thereto, or in the case of a minor subdivision, on a driveway if otherwise in compliance with § 140-18C(12)(i).
LOT AREAThe 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 shall not be included in calculating lot area.
LOT FRONTAGEThat portion of a lot extending along a street line. Also means "road frontage."
LOT IMPROVEMENTA division or redivision of land wherein lot area is shifted from one parcel to another so as to improve the shape or dimension of each. See § 140-16.
LOT WIDTHThe average distance between side lot lines taken at the front yard or building line and measured at rights angles to the side lot lines along and parallel to the street.
Any subdivision or land development which is not a minor
subdivision or lot improvement. Any subdivision which involves the
utilization of central sewage disposal systems or water supplies,
the construction of any streets, or the utilization of conservation
subdivision techniques shall also be considered a major subdivision,
regardless of the number of lots.
A subdivision or land development containing not more than
four lots, or a cumulative development on a lot-by-lot basis for a
total of not more than four lots, of any original tract of land of
record (i.e., not previously subdivided or developed subsequent to
the effective date of this chapter, by the owner or the owner's duly
appointed agent) where no new streets or accesses are required. Notwithstanding
this, the Planning Board may, however, by waiver, classify any subdivision
as minor which does not involve new improvements.
A determination under SEQRA that the proposed action has
no potential to result in a significant adverse environmental impact
and that the preparation of an EIS is not required.
A map that may be established by the Town Board under § 270
of the Town Law, showing streets, highways, parks, and/or drainage
improvements laid out, adopted and established by law.
Any sewage system designed to treat sewage by subsurface
means or to provide water from a drilled well or spring, within the
boundaries of an individual lot. See "central sewage disposal or water
supply" for further information.
An area of land resulting from the subdivision of a tract
of land for the purposes of transfer of ownership, use or improvement.
Improvement of the traveled portion of a roadway with a hard, solid surface material conforming to the standards of Chapter 138 of the Town of Catskill Code.
A surety bond, certified check or other security meeting
the requirements of § 277 of the Town Law, and the terms
of which are satisfactory to the Town Board and the Town Attorney,
guaranteeing the subdivider will install all required or planned improvements.
Any individual, trust, partnership, public or private association
or corporation, or other entity.
The Planning Board of the Town of Catskill, as established by Chapter 49 of the Town Code.
A drawing, map, chart, plan or plotting indicating the subdivision
or resubdivision of land, which in its various stages of preparation
can include the following:
SKETCH PLANA general plan, identified as such with the title "sketch plan" on the map, indicating existing site features of a tract and its surroundings and the general layout of the proposed subdivision, to be used as a basis for conceptual consideration by the Town Planning Board or, in the case of conservation subdivisions, determining allowable density.
PRELIMINARY PLATA complete plan prepared by a registered professional engineer or surveyor, identified as such with the wording "preliminary plat" in the title, accurately showing proposed streets and lot layout and such other information as required by this chapter.
FINAL PLATA complete and exact plan, identified as such with the wording "final plat" in the title, with a professional engineer's or surveyor's seal affixed, and prepared for official recording with modifications as required during the review and approval of the preliminary plat.
A recorded agreement (and/or easement) to establish the rights
and duties of lot owner(s) with respect to the maintenance of a private
street or shared driveway.
The clerk or secretary designated to accept applications,
plats, fees and correspondence on behalf of the Town of Catskill Planning
Board.
The State Environmental Quality Review Act, Article 8 of
the New York State Environmental Conservation Law and its implementing
regulations at 6 NYCRR Part 617.
A driveway providing access to up to three lots, provided that each lot served by the shared driveway has 50 feet of frontage on a public or private road or is otherwise in compliance with § 140-18C(12)(i).
A highway or road providing access for four or more lots
intended primarily for the purposes of vehicular traffic, including
the following:
STREET, MINORA road, the primary purpose of which is to collect vehicular traffic from individual dwellings or places of business.
STREET, COLLECTORA road, the primary purpose of which is to collect vehicular traffic from minor streets and deliver it to major traffic streets.
STREET, MAJORA road, the primary purpose of which is to collect vehicular traffic from collector streets and deliver it to destination points or arterial highways.
A street providing access to four or more lots and no more
than 30 lots on an approved subdivision plat that expressly notes
that such street is not offered for dedication to the Town.
A street dedicated to public use, including Town, county
and state roads and highways.
Same as "developer."
A lot, tract or parcel of land that has been divided or redivided
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines, for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development.
A land surveyor licensed by the State of New York.
Town of Catskill, Greene County, New York.
The attorney appointed by the Town Board to represent the
Town of Catskill in any given matter.
Governing council for the Town of Catskill.
The New York State Town Law which governs the operation of
all towns within the state.
The standards of the Town of Catskill pertaining to the approval of streets by the Town Highway Superintendent and the acceptance of such streets for formal dedication to the Town by the Town Board, pursuant to Chapter 138.
Electric, telephone, cable and other customary utilities
constructed or placed in underground vaults or trenches so as not
to be visible.
A discernible, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations, including intermittent streams but excepting drainage
ditches, swales or diversion terraces.
Any land that lies within the jurisdiction of the New York
State Department of Environmental Conservation pursuant to Article
24, the Freshwater Wetland Act, and/or within the jurisdiction of
the United States Army Corps of Engineers and/or other federal agencies
pursuant to § 404 of the Clean Water Act.
The following procedures and requirements shall apply to minor subdivisions only (see § 140-9, Definitions). All other subdivisions and resubdivisions, regardless of the total number of lots involved, shall be processed as major subdivisions according to the procedures and requirements specified herein.
A.
Application. Any person proposing to create a minor subdivision shall
submit, along with plans required below, nine copies of an application
for minor subdivision approval. This application may be in letter
form and shall specify and/or be accompanied by:
(1)
The name, address and telephone number of the property owner of record
and those of the subdivider, if different.
(2)
The name or number of the street where the proposed subdivision is
to be located.
(3)
The name, address and telephone number of the surveyor or engineer
preparing the subdivision plans.
(4)
The type of water supply proposed.
(5)
The type of sewer system proposed.
(6)
The required fee or receipt for the same from the Secretary of the
Planning Board.
(7)
A completed EAF as required by SEQRA.
(8)
Identification of names and addresses of all adjoining property owners
on minor subdivision maps, which includes those on the other side
of a road or highway from the lands being subdivided.
(9)
The subdivider shall submit nine copies of a final plat and required
supplementary data for the proposed subdivision. This plat shall be
prepared by a professional engineer or surveyor, with a professional
engineer or surveyor's seal affixed, and shall show all the lots proposed
to be created. The final plat shall meet the following requirements:
(a)
The plat shall be not less than 8 1/2 inches by 11 inches
nor more than 24 inches by 36 inches in size.
(b)
The names of all abutting property owners and the size of any
remaining acreages in the tract from which lots are being taken shall
be shown.
(c)
The plat shall show the name of the municipality, name of the
owner of record, North point, graphic scale, and date.
(d)
Soil types found on the site shall be shown unless the lots
involved contain existing sewage systems. Soil Conservation Service
classifications shall be used.
(e)
Existing streets shall be identified by name or route numbers
and private roads by their posted names.
(f)
Proposed lot or parcel lines shall be drawn to scale and dimensions
given in feet and hundredths of a foot. Lot areas shall be shown in
acres or square feet. The plat shall depict the proposed subdivision
as a part of the contiguous holdings of the subdivider and show adjacent
lots already taken from the parcel.
(10)
Authorized consent of the property owner, where the developer
is not the current owner of the property to be subdivided, in a form
acceptable to the Planning Board.
(11)
Authorized consent of the property owner or developer granting
access to the property to be subdivided for the Planning Board and
its consultants to facilitate review of the application, in a form
acceptable to the Planning Board.
(12)
A copy of deed is required for all subdivision, site plan, variance,
lot improvements and special use permit applications.
B.
Receipt of a complete final plat. A final plat shall not be considered
complete until a negative declaration has been filed or until a notice
of completion of the DEIS has been filed in accordance with the provisions
of SEQRA. Time periods for review of a final plat shall begin to run
upon filing of such negative declaration or such notice of completion.
C.
Soil tests. Documentation as may be required by the New York State
Department of Health, including a soils evaluation by the test pit
method and/or other required supplemental data relating to sewage
disposal, shall be submitted.
D.
Private street and driveway access permits. A completed application
to the Town of Catskill Highway Superintendent, the State Department
of Transportation or Greene County Highway Department, as the case
may be, for a permit for access to a public street or highway by a
private street or driveway shall be required.
E.
Improvements and common areas. Written offers of dedication to the
Town of all public easements, utilities, streets, rights-of-way and
open spaces shown on the plat and copies of agreements or other documents
showing the manner in which such areas or improvements, title of which
is reserved by the subdivider, are to be maintained shall be required,
including homeowners' association and/or road maintenance agreements/easements,
as applicable.
F.
For any lot created by subdivision for which access to potable water
and ability to dispose of sewage is not demonstrated, the subdivision
map shall indicate for said lot NO BUILDINGS SHALL BE CONSTRUCTED
ON THIS LOT.
G.
Action on final plat.
(1)
Planning Board as lead agency under SEQRA; public hearing; notice;
decision.
(a)
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:
[1]
If the Planning Board determines that the preparation of an
EIS is not required, the public hearing on the final plat shall be
held within 62 days after the receipt of a complete final plat by
the Clerk of the Planning Board; or
[2]
If the Planning Board determines that an EIS is required and
a public hearing on the DEIS is held, the public hearing on the final
plat and the DEIS shall be held jointly within 62 days after the filing
of the notice of completion of such DEIS in accordance with the provisions
of SEQRA. If no public hearing is held on the DEIS, the public hearing
on the final plat shall be held within 62 days following filing of
the notice of completion.
(b)
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 DEIS or 14 days before a hearing held jointly therewith.
The applicant shall notify, by certified mail (return receipt requested)
postmarked at least 15 days prior to the date of the public hearing,
all owners of properties within 500 feet, of the property which is
the subject of the application. The return receipts must be delivered
to the Planning Board Secretary prior to the start of the public hearing.
The hearing on the final plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall make its decision on the
final plat as follows:
[1]
If the Planning Board determines that the preparation of an
EIS 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
[2]
If such Board determines that an EIS is required and a public
hearing is held on the DEIS, the FEIS 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 DEIS, the
FEIS 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 FEIS,
the Planning Board shall issue findings on such FEIS and shall by
resolution conditionally approve, with or without modification, disapprove,
or grant final approval and authorize the signing of such plat.
(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.
(2)
Planning Board not as lead agency under SEQRA; public hearing; notice;
decision.
(a)
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 DEIS. Failing such agreement
or if no public hearing is held on the DEIS, the Planning Board shall
hold the public hearing on the final plat within 62 days after the
receipt of a complete final plat by Clerk of the Planning Board.
(b)
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 DEIS or 14 days before a hearing held jointly
therewith. The applicant shall notify, by certified mail (return receipt
requested) postmarked at least 15 days prior to the date of the public
hearing, all owners of properties within 300 feet of the property
which is the subject of the application. The return receipts must
be delivered to the Planning Board Secretary prior to the start of
the public hearing. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(c)
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 as follows:
[1]
If the preparation of an EIS 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.
[2]
If an EIS 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.
Certification, filing and signing of final 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 and with the Town Clerk. A copy of the resolution
shall be mailed to the subdivider. In the case of a conditionally
approved plat, such resolution shall include the requirements which,
when completed, will authorize the signing thereof. Upon completion
of such requirements, the plat shall be signed by a duly authorized
officer of the Planning Board and filed with the Secretary.
I.
Time limits on conditional approvals. A conditional approval of a
final plat shall expire within 180 days unless all conditions are
satisfied and certified as completed. This period may be extended
for periods of 90 days where particular circumstances so warrant in
the judgment of the Planning Board.
J.
Approvals by default. In the event the Planning Board fails to take
action on a plat within the time periods prescribed herein or within
such extended periods as may have been established by the Planning
Board, the subdivider shall be entitled to an approval by default
pursuant to § 276 of the Town Law.
K.
Recording of final plats. All final plats shall be filed by the applicant
in the Office of the County Clerk within 62 days of approval, subject
to the provisions of § 276 of the Town Law.
Major subdivision plat submissions shall be subject to SEQRA
review and be processed as follows:
A.
Sketch plan required. Submission of a sketch plan as provided in § 140-12 shall be required as part of the preliminary plat approval process for all major subdivisions. This plan shall be used to determine the number of lots permitted, to determine whether the subdivision will involve other agencies, and to make a preliminary classification of the subdivision as a Type I or unlisted SEQRA action for determining whether a full EAF and coordinated review is necessary. The Planning Board shall also use the sketch plan for purposes of determining lead agency status, arranging and conducting a site inspection of the property and establishing whether the subdivision is located in an Agricultural District. Planning Board will vote on whether or not to accept a sketch plan as complete.
B.
Preliminary plat required. A complete preliminary plat accurately
showing proposed streets and lot layout and such other information
as is required by this chapter must be submitted to the Planning Board.
A preliminary plat is not complete unless a negative declaration has
been filed or a notice of completion of a DEIS has been filed, pursuant
to § 276 of the Town Law.
C.
When a coordinated review is conducted, the Planning Board must notify
all involved agencies that a lead agency must be agreed upon within
30 days.
D.
Action on preliminary plat.
(1)
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 the State Environmental Quality Review Act, as follows:
[1]
If the Planning Board determines that the preparation of an
EIS 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 Clerk of the Planning Board; or
[2]
If such Board determines that an EIS is required, and a public
hearing on the DEIS is held, the public hearing on the preliminary
plat and the DEIS shall be held jointly within 62 days after the filing
of the notice of completion of such DEIS in accordance with the provisions
of SEQRA. If no public hearing is held on the DEIS, 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 DEIS or 14 days before a hearing held jointly therewith.
The applicant shall notify, by certified mail (return receipt requested)
postmarked at least 15 days prior to the date of the public hearing,
all owners of properties within 300 feet of the property which is
the subject of the application. The return receipts must be delivered
to the Planning Board Secretary prior to the start of the public hearing.
The hearing on the preliminary plat shall be closed upon motion of
the Planning Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall approve, with or without
modification, or disapprove such preliminary plat as follows:
[1]
If the Planning Board determines that the preparation of an
EIS 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
[2]
If the Planning Board determines that an EIS is required, and
a public hearing is held on the DEIS, the FEIS 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 DEIS,
the FEIS 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 FEIS, the Planning Board shall issue findings on the FEIS
and make its decision on the preliminary plat.
(2)
Planning Board not as lead agency under SEQRA; public hearing; notice;
decision.
(a)
Public hearing on the preliminary plat. 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
DEIS. Failing such agreement or if no public hearing is held on the
DEIS, 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 Clerk 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 DEIS or 14 days before a hearing held jointly
therewith. The applicant shall notify, by certified mail (return receipt
requested) postmarked at least 15 days prior to the date of the public
hearing, all owners of properties within 300 feet of the property
which is the subject of the application. The return receipts must
be delivered to the Planning Board Secretary prior to the start of
the public hearing. The hearing on the preliminary plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(c)
Decision. The Planning Board shall by resolution approve, with
or without modification, or disapprove the preliminary plat as follows:
[1]
If the preparation of an EIS 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.
[2]
If an EIS 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 such preliminary plat or within
30 days of the adoption of findings by the lead agency, whichever
period is longer.
E.
Grounds for action. The grounds for modification, if any, or the
grounds for disapproval of the preliminary plat must be stated in
the records of the Planning Board. If the Planning Board approves
a preliminary plat, the Planning Board must state in writing any modifications
that it requires for submission of the final plat.
F.
Preliminary plat certification. Within five business days of the
Planning Board's adoption of a resolution approving a preliminary
plat, such plat shall be certified by the Secretary as having been
granted preliminary plat approval, and a copy of the plat and resolution
shall be filed in the Secretary's office and filed in the Office of
the Town Clerk. A copy of the resolution shall be provided to the
subdivider. If the Planning Board adopts a resolution disapproving
a preliminary plat, this resolution and a copy of the preliminary
plat must be filed in the same manner as a resolution approving a
preliminary plat.
G.
Time to submit final plat. The subdivider must submit a final plat, as provided in §§ 140-14 and 140-15, within six months of the Planning Board's approval of the preliminary plat. If the final plat is in substantial agreement with the preliminary plat, the Planning Board must by resolution conditionally approve, with or without modification, disapprove, or grant final approval of the plat within 62 days of its receipt by the Secretary. The Planning Board may revoke preliminary plat approval if a final plat is not submitted within six months or grant a limited extension of its preliminary plat approval for a time period not to exceed six months.
H.
Lack of agreement with preliminary plat. When the final plat is not
in substantial agreement with the preliminary plat, the final plat
is reviewed as a new sketch plan and is subject to all procedural
requirements for preliminary plat approval, including the issuance
of a new SEQRA determination.
I.
Certification, filing and signing of final 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 and with the Town Clerk. A copy of the resolution
shall be mailed to the subdivider. In the case of a conditionally
approved plat, such resolution shall include the requirements which,
when completed, will authorize the signing thereof. Upon completion
of such requirements, the plat shall be signed by a duly authorized
officer of the Planning Board and filed with the Secretary.
J.
Final plats by section. The Planning Board may permit any subdivision
for which preliminary plat approval has been granted to be submitted
in sections for final plat approval.
K.
Time limits on conditional approvals. A conditional approval of a
final plat shall expire within 180 days unless all conditions are
satisfied and certified as completed. This period may be extended
for periods of 90 days where particular circumstances so warrant in
the judgment of the Planning Board.
L.
Approvals by default. In the event the Planning Board fails to take
action on a plat within the time periods prescribed herein or within
such extended periods as may have been established by the Planning
Board, the subdivider shall be entitled to an approval by default
pursuant to the Town Law.
M.
Recording of final plats. All final plats shall be filed by the applicant
in the Office of the County Clerk within 62 days of final approval,
subject to the provisions of § 276 of the Town Law.
N.
Reservations of parkland on major subdivision plats containing residential
units.
(1)
Before the Planning Board may approve a major subdivision plat containing
residential units, such subdivision plat shall also show, when required
by such Board, a park or parks suitably located for playground or
other recreational purposes. Said parks shall constitute a percentage
of the overall subdivision to be determined by the Town Board.
(2)
Land for park, playground or other recreational purposes may not
be required until the Planning Board has made a finding that a proper
case exists for requiring that a park or parks be suitably located
for playgrounds or other recreational purposes within the Town. Such
findings shall include an evaluation of the present and anticipated
future needs for park recreational facilities in the Town based on
projected population growth to which the particular subdivision plat
will contribute.
(3)
Said parkland shall be owned by the applicant or homeowners' association,
to be utilized by the residents of the subdivision and their guests,
unless the Town, at its sole discretion, accepts said parkland for
Town ownership, and then said parkland shall be utilized by the public
at the discretion of the Town Board.
(4)
In the event the Planning Board makes a finding pursuant to Subsection N(2) of this subsection that the proposed subdivision plat presents a proper case for requiring that a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of the property.
The sketch plan shall be at a scale sufficient to show the entire
tract on one sheet, and shall show or include the following:
A.
The location of that portion which is to be subdivided in relation
to the entire tract.
B.
An existing and natural site features analysis which depicts all
structures, wooded areas, streams, natural features, stone walls,
wetlands, outstanding views and other aspects of the property around
which a subdivision plan should be designed.
C.
The name of the owner and of all adjoining property owners as disclosed
by the most recent deed or tax records., which includes those on the
other side of a road or highway from the lands being subdivided.
D.
All streets, streams, water, sewage and gas and power lines within
500 feet of the subdivision.
E.
The tentative layout of the remainder of the tract owned by the subdivider.
F.
North point, graphic scale, date and name/address of the subdivider
and the landowner.
G.
A location map with sufficient information to enable the locating
of the property.
H.
Proposed open spaces.
A.
The preliminary plat shall be clearly and legibly drawn and shall
be not less than 11 inches by 17 inches nor more than 24 inches by
36 inches in size and should, when possible, show the entire tract
to be divided.
B.
The plat shall be based on the concepts presented in the sketch plan
and contain the following information:
(1)
Proposed name of the subdivision. This name shall not duplicate in
spelling or pronunciation any recorded subdivision within Greene County.
The name and address of landowner and subdivider shall also be provided.
(2)
Location by Town, county and state. The plan shall also include Tax
Map numbers for affected and adjacent parcels and a location map at
one inch equals 2,000 feet.
(3)
North point, date and graphic scale.
(5)
Locations and, where appropriate, dimensions of parks and public
grounds, permanent buildings in or adjacent to the subdivision, open
space easements and other significant existing site features.
(6)
Approximate locations of existing sanitary sewers, public water mains,
storm sewers, electric power and transmission lines, gas lines, and
all other utilities above or below the ground, with direction of flow
and pressure.
(7)
Names of owners of abutting properties, and lines showing where these
abutting properties intersect.
(8)
Existing contours at intervals of at least every 20 feet. USGS maps
are acceptable. The Town reserves the right to request greater detail
as the scope or nature of the development requires.
(9)
Proposed layout of streets, alleys and other public rights-of-way, including widths and proposed names, which shall not duplicate existing names, by spelling or pronunciation, in the county. The street proposals shall be accompanied by a submission of plans demonstrating consistency with the minimum road specifications of Chapter 138 of the Town Code.
(10)
The proposed layout, numbering and approximate dimensions and acreage of legal lots, which comply with the zoning requirements of Chapter 160 of the Town Code.
(11)
The proposed location and footprint of buildings within each
legal lot.
(12)
Parcels to be dedicated to the public, or reserved for their
use, or to be reserved by covenant for residents shall be shown and
marked as such.
(13)
Building setback lines. Where lots are located on a curve, or
side lines are not parallel, the width at the building line shall
be shown.
(14)
All drainage easements shall be shown and marked as such.
(15)
Approximate final grades in areas of cut or fill shall be shown.
(16)
Any lots designated for uses other than residential shall be
indicated.
(17)
Proposed covenants and restrictions.
(18)
Evidence of water supply. In cases where no public water supply
is planned as part of the subdivision, the subdivider shall supply
acceptable evidence of the availability of other potable water sources.
This evidence may be in the form of recording logs made by professional
well drillers for existing wells.
(19)
Letters from each utility servicing the area indicating that
the utility company is aware of and will provide service to the proposed
subdivision.
(20)
An erosion and sedimentation control plan indicating those measures
to be employed during construction and as may be necessary to prevent
loss of soil from erosion and to prevent resulting property damage,
siltation and contamination of watercourses or impoundments.
(21)
A stormwater management plan prepared in accord with the requirements
hereof and DEC guidelines and standards.
(22)
Documentation as may be required by the New York State Department
of Health or the Planning Board, including a soils evaluation by the
test pit method and/or other required supplemental data relating to
sewage disposal.
(23)
Documentation of any state and/or federal wetlands located on
or adjacent to the property.
(24)
All applicable zoning data.
(25)
Completed applications to the Town of Catskill Highway Superintendent,
the State Department of Transportation or Greene County Highway Department,
as the case may be, for permits to access public streets or highways
by a private street or driveway.
(26)
Detailed landscaping plans for such common areas or improvements
as may require new landscaping.
(27)
Written offers of dedication to the Town of all public easements,
utilities, streets, rights-of-way and open spaces shown on the plat
and copies of agreements or other documents showing the manner in
which such areas or improvements, title of which is reserved by the
subdivider, are to be maintained shall be required, including homeowners'
association and/or road maintenance agreements/easements, as applicable.
(28)
A copy of deed is required for all subdivision, site plan, variance,
lot line and special use permit applications.
The final plat shall be prepared on one or more sheets of a
uniform size coinciding with the requirements of the Greene County
Clerk. Final plat attachments and exhibits shall be numbered and labeled
in accordance with the requirements of this section and a subdivision
checklist to be developed by the Town. The final plat shall include,
in addition to the information required for the preliminary plat submission,
the following:
A.
Exact locations, widths and names of all streets and all crosswalks
within the subdivision.
B.
Complete street curve data for all street curves included in the
plat.
C.
Exact descriptions of all easements being provided for services or
utilities in the subdivision, and any limitations placed on the use
of such easements.
D.
Accurate outlines of any lots or areas to be reserved or dedicated
for common use by residents of the subdivision, or for general public
use, with the purpose indicated thereon, including all open space,
conservation or drainage easements.
E.
Front building lines, shown graphically with dimensions.
F.
All restrictions and covenants that will be placed in the deeds to
the lots in the subdivision. If no such restrictions or covenants
are to be imposed, a statement to that effect shall be included.
G.
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;
provided, however, that the boundary(ies) adjoining additional unplatted
land of the subdivider (for example, between separately submitted
final plat sections) are not required to be based upon a field survey
and may be calculated. The location of all boundary line (perimeter)
monuments shall be indicated, along with a statement of the total
area of the property being subdivided. In addition, the engineer or
surveyor shall certify the placement of the monuments.
H.
The final plat shall contain a certificate signed by the professional
engineer indicating that all improvements have either been installed
and approved by the proper officials or agencies or that a performance
assurance or completion guarantee in an amount satisfactory to the
Town Board and the Town Attorney sufficient to ensure their installation
has been submitted to the Town.
I.
Complete final construction plans and profiles of installed or proposed
public sanitary sewage disposal systems and storm drains, with grades
and pipe sizes, unless on-site sewage disposal systems are to be used.
J.
Complete final construction plans of installed or proposed public
water distribution systems showing pipe sizes and locations of valves
and fire hydrants, if any, unless private wells are to be used.
K.
Evidence of actual arrangements made with utility companies or agencies
for supplying each lot in the subdivision.
L.
A key map for the purpose of locating the site to be subdivided,
at a scale of not less than 2,000 feet to one inch, showing the relation
of the property to adjoining property and to all streets and municipal
boundaries existing within 4,000 feet or any part of the property
proposed to be subdivided. USGS quadrangle maps may be used as a base
for such a key map.
M.
Blank approval blocks for the Town Planning Board stamp and signatures
shall appear on every sheet of the set of plans.
N.
A statement that erosion and sedimentation and stormwater management
plans, as required, have been prepared and approved by the DEC and
the Greene County Soil and Water Conservation District.
O.
Copies of public street or highway access, encroachment, or occupancy
permits for private streets and driveways and complete final construction
plans, including agreements or easements as may be required to ensure
maintenance of private streets and shared driveways.
P.
Copies of any other local, state and/or federal permits or approvals.
Q.
Each final plat submission shall, in addition to the items required
above, include new submissions of preliminary plat data in any instance
where there has been a change in the plans or the circumstances surrounding
them.
R.
For any lot created by subdivision for which access to potable water
and ability to dispose of sewage is not demonstrated, the subdivision
map shall indicate for said lot NO BUILDINGS SHALL BE CONSTRUCTED
ON THIS LOT.
A.
A performance assurance or completion guarantee shall be delivered
to the Town to guarantee that the subdivider will cause to be constructed
and completed within a reasonable time the public improvements the
subdivision requires.
B.
The Planning Board may not grant final plat approval unless a performance assurance has been issued in compliance with the procedures set forth in either Subsection B(1) or (2):
(1)
In an amount set by the Town Board from an estimate prepared by the
Engineer for the Town, the subdivider shall either file with the Town
Clerk a certified check to cover the full cost of the required public
improvements, or the subdivider must obtain an irrevocable letter
of credit from a banking institution located and authorized to do
business in the State of New York in an amount to cover the full cost
of the required public improvements. Any such performance assurance
shall comply with the requirements of § 277 of the Town
Law and, further, shall be satisfactory to the Town Board and Town
Attorney as to form, sufficiency and manner of execution. A period
of one year, or such other period as the Town Board may determine
appropriate, not to exceed three years, shall be set for the installation
of all required public improvements; provided, however, that the term
of such performance assurance may be extended by the Town Board.
(2)
The subdivider shall complete all required improvements to the satisfaction
of the Engineer for the Town, who shall file with the Planning Board
a letter signifying the satisfactory completion of all improvements
required by the Planning Board. For any required improvements not
so completed, the subdivider shall file with the Town Clerk a letter
of credit or certified check covering the costs of such improvements
and the cost of satisfactorily installing any improvements not approved
by the Engineer for the Town. Any such letter of credit shall be satisfactory
to the Town Board and Town Attorney as to form, sufficiency and manner
of execution.
(3)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Engineer for the Town and a record drawing satisfactory to the Planning Board has been submitted indicating the location of monuments and accurately locating all public improvements as actually installed. The record drawing shall be certified to the Town as true and accurate by a New York State licensed professional land surveyor. If the subdivider completes all required improvements according to Subsection B(2) above, then said map shall be submitted prior to endorsement of the final plat by the Planning Board. However, if the subdivider provides a letter of credit or certified check for all required improvements as specified in Subsection B(1) above, such performance assurance shall not be released until such a record drawing is submitted. The Town Board may release or reduce the amount of the bond upon certification of the Engineer for the Town and the Town Attorney that all or part of the requirements of the bond have been satisfied.
C.
The subdivider shall complete all required improvements or post the
required performance assurance to the satisfaction of the Town Board
before any building permits will be issued. No certificate of occupancy
may be issued until the Code Enforcement Officer finds that sufficient
public improvements have been installed to the satisfaction of the
Town to the extent necessary for the public health, welfare and safety
of the occupants of the buildings.
D.
If the Town Board shall decide at any time during the term of the
performance assurance that the extent of building development that
has taken place in the subdivision is not sufficient to warrant all
the improvements covered by such performance assurance, or that required
improvements have been installed as provided in this section in sufficient
amount to warrant reduction in the face amount of said assurance,
or that the character and extent of such development requires additional
improvements previously waived for a period stated in the original
terms of such assurance, the Town Board may modify its requirements
for any or all such improvements, and the face value of such performance
assurance shall thereupon be reduced or increased by an appropriate
amount so that the new face value will cover the cost in full of the
amended list of improvements required by the Town Board, and any security
deposited with the assurance may be reduced or increased proportionately.
A.
A copy of deed is required for all subdivision, site plan, variance,
lot line and special use permit applications.
B.
Lot improvements shall be exempt from the requirements contained
herein when no additional lots are being created. A minimum of five
paper copies and one mylar of a plat prepared by a NYS licensed land
surveyor shall be submitted detailing the conveyances involved by
metes and bounds and in sufficient detail. A note shall be added to
the map that the land added to an existing parcel shall be combined
to form a single undivided lot.
D.
The Code Enforcement Officer shall sign plans which meet all requirements with the following notation: "These plans are acknowledged by the Town of Catskill, and for recording purposes only, to represent an exempt lot improvement in accord with § 140-16 of the Town of Catskill Subdivision Regulations. No subdivision approval is required or given." No person shall record plans for any lot improvement without so first obtaining the Code Enforcement Officer's signature and notation on the plans.
At the time a sketch plan for subdivision approval is filed
and at the time a final plat is submitted for approval, fees shall
be paid to the Town by the subdivider, such fees to be determined
from a schedule of fees as adopted by the Town Board by resolution.
Additional fees may be imposed to cover the costs of inspections,
professional reviews and SEQRA compliance and the expenses of public
notices and hearings.
A.
Application. The design standards and requirements set forth in this
chapter are the minimum required in the design of each subdivision
within the Town of Catskill. The Planning Board may require more restrictive
standards where necessary to protect the health, safety and welfare
of the public and where circumstances unique to the property so dictate.
B.
General site requirements.
(1)
Those areas which are subject to such hazards of life, health, or
property as may arise from fire, flood, noise, or any other natural
or nonnatural occurrence, or are uninhabitable for other reasons,
may not be subdivided for building purposes unless the hazards have
been eliminated or the plans show adequate safeguards mitigating the
hazards.
(2)
In addition, the Town may rely upon information contained in its
Comprehensive Plan and, in determining and evaluating any potential
hazards, may use historical records, soil evaluations, engineering
studies, expert opinions, established professional standards, including
standards used by licensed insurance companies, and federal, state,
or local policies.
(3)
All portions of a tract being subdivided shall be taken up in lots,
streets, public lands, dedicated open space or other proposed uses,
so that remnants and landlocked areas shall not be created. 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
of public health, safety, and welfare.
(4)
In all subdivisions, care shall be taken to preserve natural features
such as trees, habitats, watercourses, views, and historical features
which will add attractiveness and value to the remainder of the land.
Where a subdivision of land is on a site that has a slope of more
than 15%, the Planning Board may require larger lot sizes than the
minimum standards.
(5)
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 Planning Board and, as required, the DEC.
(6)
Wherever possible, lot lines shall follow Town boundary lines rather
than cross them, and reserve strips controlling access to lots, public
rights-of-way, public lands or adjacent private lands are prohibited.
(7)
All major subdivisions shall be designed with underground utilities.
To the maximum extent practical, all minor subdivisions shall be designed
with underground utilities.
(8)
To the maximum extent practical, major subdivisions shall be located
on county or state highways.
(9)
To the maximum extent practical, the removal of mature trees shall
be minimized.
C.
Blocks and lots.
(1)
Blocks shall ordinarily not exceed 1,200 feet in length.
(2)
Pedestrian interior walks may be required to assist circulation or
provide access to community facilities and open space. Such walks
shall have a right-of-way width of not less than six feet, be all-weather
surfaced for not less than three feet in width, and include handicap-accessible
street cuts.
(3)
Blocks shall be of sufficient depth to permit two tiers of lots of
appropriate depth, with each lot fronting a parallel street, except
where an interior street parallels a major street or where a street
borders a railroad, creek, or other natural barrier.
(4)
Where a subdivision adjoins a major highway (one which is designated
and marked for two lanes or more and carries at least 1,000 vehicles
per day), the greater dimension of the block shall front along said
highway, and interior streets may be required to minimize the number
of points of access. Such interior streets may be required for reasons
of health and safety whenever topographic conditions, traffic density
or lack of proper sight distance dictate. Any subdivision of five
lots or more with frontages averaging less than 300 feet along the
highway shall be subject to this requirement.
(5)
Cul-de-sacs. Through streets are preferred in the Town of Catskill. However, where the Planning Board determines that a through street cannot be constructed due to the physical constraints of the subdivision parcel and/or adjoining properties and where streets have been designed to have one end permanently closed, upon the recommendation of the Superintendent of Highways, a waiver may be issued in accordance with § 140-20 of the Town Code for the provision of a cul-de-sac street providing access to no more than 15 lots and having a maximum length of 800 feet. The cul-de-sac shall otherwise be governed by all stated requirements of Chapter 138 and the Minimum Road Specifications, set forth in Chapter 138, Appendix A, thereto.
(6)
All side lines of lots shall be at approximate right angles to straight
street lines and radial to curved street lines, except where a variation
to this rule will provide a safer layout.
(7)
Double frontage lots shall ordinarily not be platted, except as specifically
provided herein. In that event, a planting strip of at least 20 feet
in width may be required along the back of the lot.
(8)
If remnants of land exist after subdividing, they shall be incorporated
in existing or proposed lots, unless designated as common open space
or dedicated to open space.
(9)
Either of the two sides of a corner lot may be designated as the
front, provided that the rear yard shall always be opposite the frontage
so designated.
(10)
All lots created under this chapter shall have a minimum of 50 feet of frontage providing access on a public street or highway which has been suitably improved to state, county or Town standards, or an approved private street suitably improved to the appropriate Town standards in Chapter 138 and the Minimum Road Specifications, set forth in Chapter 138, Appendix A, thereto of the Town Code with the exception of flag lots which require a minimum of 24 feet of frontage. The principal access to any approved subdivision shall likewise conform with Chapter 138 and the Minimum Road Specifications set forth in Chapter 138, Appendix A, thereto. This provision is subject to Town Law § 280-a.
(11)
Monuments shall be placed at perimeter corners and the corner
of each street, and markers set at the corner of each lot, consistent
with surveyors' professional practice, to permanently and accurately
define the metes and bounds of the block and lots created.
(12)
Shared driveways.
(a)
A shared driveway may be approved, as part of a subdivision
to serve up to three homes, provided that each lot served by such
a driveway has the required lot or road frontage as set forth in this
chapter.
(b)
Driveway access is typically controlled by sight line, grades,
and ecological factors, such as wetlands and stream crossings.
(c)
A shared driveway may be owned in common or may be created by
reciprocal easements between property owners.
(d)
A road maintenance agreement shall be required for a shared
driveway.
(e)
A shared driveway shall have a minimum width of 20 feet and
shall be improved with an all-weather surface with a minimum width
of 16 feet suitable for passenger and emergency vehicle access.
(f)
A shared driveway shall be maintained free of all obstructions,
such as trees, brush, posts, gates, etc.
(g)
Rear lots with no public or private road frontage gaining access
to a public or private street only by means of an easement or right-of-way
may only be approved pursuant to Town Law § 280-a.
(h)
Except as otherwise required above at § 140-18C(12)(a) through (g), shared driveways do not need to meet the standards for private streets in Chapter 138.
(i)
In accordance with Town Law § 280-a(4), in all zones,
a buildable lot need not have frontage on a public or private road:
a) if it has access to a public or private road by a recorded right-of-way
subject to a maintenance agreement; b) there shall be no further subdivision
of any lot without frontage on a public or private road, which shall
be designated NOT TO BE FURTHER SUBDIVIDED on the survey map; c) only
one single-family residence is permitted per lot; d) the use of the
right-of-way shall be limited to three lots; e) no certificate of
occupancy shall be issued unless any building constructed thereon
has emergency vehicle access in accordance with state law; and f)
no lot can provide access to additional adjacent landowner, except
for preexisting right-of-way.
(13)
Flag lots.
(a)
A flag lot may be approved, as part of a subdivision for a lot
having access but that does not meet the minimum road frontage requirements
of this chapter.
(b)
The width of the flag lot access shall not be less than 24 feet
at any point and shall be improved with an all-weather surface driveway
with a minimum width of 16 feet suitable for passenger and emergency
vehicle access.
(c)
The flag lot and flag lot access shall be approved as a single
lot; however, the area of the flag lot access shall not be counted
for the purpose of determining the minimum lot area compliance.
(d)
Adjoining flag lots shall be prohibited. The minimum distance
between driveways serving individual flag lots shall be not less than
100 feet as measured along the road frontage.
(e)
Flag lots shall not be further subdivided. A note stating "Parcel_____
is a flag lot and shall not be further subdivided" shall be placed
on all subdivision maps with flag lots.
(f)
Rear lots with no public or approved private road frontage gaining
access to a public or private street only by means of an easement
or right-of-way may only be approved pursuant to Town Law § 280-a.
D.
Common open space. Except where such area would be less than one
acre or the Planning Board shall waive the requirement, not less than
10% of the gross area of the entire tract shall be reserved for common
open space. Common open space shall be suitable for recreational use
of the residents of the subdivision. The following and similar facilities
shall meet this 10% requirement: swimming pools; tennis courts; riding,
hiking and cycling paths; playgrounds; community centers; and other
open areas. Such areas as are designated for play lots, parks 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. The sites are not required
to be dedicated to the Town and may be maintained by the developer
or a homeowners' association. The sites shall not be deemed to be
accepted by the Town unless and until the Town Board has taken formal
action to accept the same. The Planning Board may require the subdivider
to otherwise provide a fee in lieu of common open space pursuant to
§ 277 of the Town Law.
E.
Water supply.
(1)
Where a central water supply is available within 1,000 feet of the
proposed residential development, the subdivider shall construct a
system of water mains tied to such system and provide a connection
for each lot.
(2)
Plans and specifications for central water supply (i.e., extension
of an existing system or a proposed new facility) shall be prepared
by a professional engineer and shall conform to any applicable requirements
of the New York State Department of Health and the local fire district(s).
Suitable agreements shall also be established for the ownership and
maintenance of a central water supply.
(3)
The Planning Board shall not approve a subdivision unless the subdivider
has demonstrated provision for adequate water supply.
F.
Sewage disposal.
(1)
All sewage disposal systems proposed shall comply with the provisions of Chapter 131 of the Town Code.
(2)
All subdivision and land developments shall be provided with an adequate
sewage disposal system(s). When a central sewage disposal system is
available within 1,000 feet of a proposed residential development,
the subdivider shall provide a system of collection lines to connect
to said system. Central sewage disposal systems shall also be required
for all residential lots and nonresidential developments where on-site
soil conditions are unsuitable for on-lot subsurface sewage disposal
systems.
G.
Sewers. The subdivider of any property situated within the district boundaries and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the district within 100 feet of said property line is hereby required, at the subdivider's expense, to install suitable plumbing facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of Chapter 132 of the Town Code.
(1)
The subdivider shall not uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Town Board, in compliance with the specifications provided in Chapter 132 of the Town Code.
(2)
Where a public sanitary sewer is not available for a subdivision,
the building sewer shall be connected to a private sewage disposal
system complying with the provisions established by the New York State
Department of Health and the requirements of this chapter.
H.
Erosion and sedimentation. In the event that any subdivider shall
intend to make land changes by grading, filling, excavating, removing,
or destroying the natural topsoil, or vegetative covering thereon,
in accordance with a subdivision plan submitted to the Planning Board,
the same shall be approved and accomplished only after the developer
has submitted to the Planning Board an erosion and sedimentation control
plan. Erosion control measures shall be employed as necessary to prevent
loss of soil from erosion and to prevent resulting property damage,
siltation and contamination of watercourses or impoundments. Erosion
control measures may include hay bales, silt fences or other measures.
I.
Storm drainage.
(1)
All subdivisions shall demonstrate compliance with DEC State Pollutant
Discharge Elimination System regulations as appropriate.
(2)
A stormwater pollution prevention plan shall be required for major
subdivisions. Such plan shall comply with DEC guidelines and applicable
standards.
(3)
The following additional requirements shall apply:
(a)
Lots shall be laid out and graded to prevent cross-lot drainage
away from proposed building areas. Natural drainagecourses shall be
maintained.
(b)
The existing points of natural drainage discharge onto adjacent
property shall not be altered, nor shall the rate of water runoff
be increased because of development.
(c)
No stormwater runoff or natural drainage water shall be so diverted
as to overload existing drainage systems, or create flooding or the
need for additional drainage structures on other private properties
or public lands, without the Planning Board's approval of the subdivider's
plans for addressing these conditions.
(d)
Stormwater calculations and designs shall be prepared by a professional
engineer, land surveyor, landscape architect or other professional
certified to perform such work.
(e)
Storm drainage facilities shall be designed to handle the anticipated
peak discharge from the property being subdivided.
(f)
Where a subdivision is traversed by a watercourse, there shall
be provided a drainage easement of at least 20 feet to each side of
the stream from that stream bank or such additional width as will
be required to preserve the unimpeded flow of natural drainage. No
stream classified as protected by 6 NYCRR Part 608 regulations may
be disturbed without a DEC permit.
(g)
Drainage structures that are located on state highway rights-of-way
shall be approved by the New York State Department of Transportation,
and evidence of the same shall be provided to the Planning Board prior
to final plat approval. Drainage structures that are located on county
rights-of-way shall be approved by the Greene County Highway Department,
and evidence of same shall be provided to the Planning Board prior
to final plat approval.
(h)
All streets shall be so designed as to provide for the discharge
of surface water from their rights-of-way. The slope of the crown
on proposed streets shall be 1/4 inch per foot away from the center
line.
(i)
All proposed surface drainage structures shall be indicated
on the preliminary plat.
(j)
Drainage plans shall include all appropriate designs, details
and dimensions necessary to clearly explain proposed construction
materials and elevations.
(k)
Whenever storm drains are required, such storm sewer systems
shall be separate from the sanitary sewer system. Storm drains or
storm sewer facilities may be required in any development situation
where the Planning Board determines that surface drainage facilities
are inadequate to prevent excessive erosion and lot or street maintenance
problems.
(l)
Drainage systems shall be designed in accordance with engineering
practice, using hydraulic computations to show effects of the flow
of water. The amount of stormwater leaving the site along any property
line after development shall not exceed predevelopment stormwater
flows for that area. In no case shall any pipe system of less than
15 inches in diameter be used underneath a street or driveway.
(m)
All drainage systems and structures shall be subject to the
approval of the Engineer for the Town, or any such other qualified
person as may be appointed for this purpose by the Planning Board.
J.
Street requirements. All streets shall be constructed as shown on the preliminary and final plats approved by the Planning Board, and the arrangement, character, extent, width, grade and location of all streets shall conform with Chapter 138 and Chapter 138, Appendix A, of the Town Code as applicable to either dedicated public or approved private streets. Where no standard is provided, the Planning Board may rely upon the standards used by the New York State Department of Transportation for local streets. Every subdivision shall have access to a public street or highway.
(1)
The arrangements of the subdivision streets shall be laid out so
as to form a continuation of the public streets or highways now existing.
(2)
Each street shall be marked by monuments of granite or concrete with
a cross on top. Said monuments are to be at least three inches square
and four feet long, and are to be installed with two inches showing
above the surface of the ground. All streets shall be continuous and
in alignment with existing streets and shall compose a convenient
system to ensure the circulation of vehicular and pedestrian traffic.
(3)
As far as practical, acute angles between streets at their intersection
are to be avoided, and where a deflection angle of more than 10°
in a street line occurs at any point between two intersecting streets,
a curve of a reasonably long radius is to be introduced.
(4)
No curves of 90° or greater shall be allowed on any streets.
(5)
Grades of all streets shall conform to the general terrain. Internal subdivision streets may have a maximum grade of up to 10%, except in cases of unusual terrain or other features where the Planning Board, in consultation with the Superintendent of Highways and/or Town Engineer, has granted a waiver in accordance with the provisions of § 140-20.
(6)
Streets shall have adequate drainage, including necessary inlet and
outlet ditches. Reinforced concrete or corrugated ADPE pipe shall
be used for all culverts and surface drains. All drainage problems
must either conform to or be corrected to the specifications of the
Superintendent of Highways. Said materials used for the same must
conform to standard usage adopted by the Superintendent of Highways.
Drainage easements will be obtained on behalf of the Town of Catskill
where necessary as long as they are situated on lot lines.
(7)
The roadway of subdivision streets shall be filled with suitable bank gravel, as prescribed by Chapter 138 of the Town Code, and must be approved by the Superintendent of Highways before the streets are motor paved.
(8)
Landscaping, including fencing, on any proposed or existing street
shall be set back 35 feet from the center of the subdivision street.
(9)
All private driveways and streets connecting with public streets shall comply with the standards prescribed by Chapter 138 of the Town Code and be approved by the Superintendent of Highways.
(10)
Streets to be constructed between November 15 and April 15 can
proceed only with the permission of the Town Superintendent of Highways.
(11)
The Planning Board may require subdivision streets to include
sidewalks.
(12)
Shade trees and other natural buffers along any proposed street
right-of-way shall be retained to the maximum extent possible, and
cuts and fills which would necessitate removing such cover shall be
minimized.
K.
Private streets. A private street may be approved to provide access
to lots in a subdivision, subject to the following minimum requirements:
(1)
A certification must be included on the plat that expressly states
that the road is not being dedicated to the Town and is a "private
street."
(2)
Written recommendation from the Town Superintendent of Highways and/or
the Town Engineer shall be secured before approval of any private
streets.
(3)
A homeowners' association (HOA) shall be created to own and provide
for the perpetual care and maintenance of the private street. The
Planning Board shall have discretion to determine whether a performance
bond must be posted by the subdivider to ensure the proper completion
of the private street as well as the required amount and form.
(4)
The HOA shall have the power to assess the subdivision lot owners
for their share of the maintenance costs of the private street. The
HOA shall ensure that the street will always be maintained and kept
open to permit emergency vehicle access.
(6)
The Planning Board may consider a waiver of the requirement of an
HOA if it finds, after consulting with the attorney for the Planning
Board or the Town Attorney, that a private street maintained pursuant
to a recorded road maintenance agreement or some other acceptable
legal mechanism will provide the same protections to lot owners and
the Town as would a private street owned by an HOA.
A.
The Planning Board shall be authorized, pursuant to and in supersession of § 278 of the Town Law, to modify applicable provisions of Chapter 160, Zoning, and these Subdivision Regulations so as to accommodate conservation subdivision projects. Also known as "cluster developments," conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities, and preserve open space. Conservation subdivisions shall be allowed anywhere within the Town of Catskill and processed pursuant to the subdivision plat approval procedures of this chapter.
B.
The Planning Board may require a conservation subdivision where a
conventional subdivision would cause a significant loss of open space
or may adversely affect the preservation of and/or function of natural
areas, prime farmland or farmland of statewide importance, according
to the soil survey prepared for Greene County by the U.S. Department
of Agriculture, or otherwise result in significant adverse environmental
impacts.
C.
Conservation subdivisions provide for one-family dwelling units wherein
dwelling units are clustered in order to maximize open space and preserve
natural settings. Proposed conservation subdivisions shall be processed
in the same manner as major subdivisions and in accord with the standards
below.
D.
Conservation subdivisions shall include at least five lots and 10
acres of land. For any major subdivision that is proposed, the Planning
Board may require an alternative sketch plan that depicts the development
of the property as a conservation subdivision. If the Planning Board
determines that the sketch plan for the conservation subdivision better
serves the purposes of this chapter, it may require the subdivider
to use the conservation subdivision technique.
E.
F.
The Planning Board may reduce development standards for lot size,
lot width and lot depth and for yard requirements, provided that no
dwelling structure (one-family or two-family) is located on less than
one acre of land where on-site sewer and water facilities are to be
provided or 1/2 acre of land where off-site sewer and water facilities
are to be provided; and further provided the total average density
(in individual dwelling units) for the tract shall not exceed that
which would result from a conventional subdivision plan designed in
accord with this chapter and as determined from the basic sketch plan
submission.
G.
No individual parcel of common open space shall be less than one
acre, except for street median strips, traffic islands, walkways,
trails, courtyards, play areas, recreation facilities, drainageways
leading directly to streams, historic sites or unique natural features.
No less than 50% of the total land area of the conservation subdivision
shall be dedicated to permanent open space. No portion of this 50%
requirement shall be met with watercourses, water bodies, wetlands,
floodplains, slopes over 15% in grade or other undevelopable areas.
Of the 50% of this total land area of the conservation subdivision
dedicated to permanent open space, 50% of this permanent open space
land shall be usable for active recreation by residents of the subdivision
and of the Town.
H.
The open space resulting from conservation subdivision design shall
be permanently protected by a conservation easement providing for
public use and generally titled to a property owners' association
(POA) prior to the sale of any lots or dwelling units within the subdivision.
Membership shall be mandatory for each property owner within the subdivision
and for successive owners with voting of one vote per lot or unit
under the subdivider's control, thereby passing to the individual
lot/unit owners on the subdivider's sale of the majority of the lots
or units. All restrictions on the ownership, use and maintenance of
common open space shall be permanent, and the POA shall be responsible
for liability insurance, local taxes, and maintenance of all open
space, recreational facilities and other commonly held amenities.
Each property owner must be required to pay their proportionate share
of the POA's cost, and the POA must be able to file liens on the lot/unit
owner's property if levied assessments are not paid. The POA must
also have the ability to adjust the assessment to meet changing needs.
Consistent with the authority granted under Town Law § 277,
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. Such waivers are also
subject to the following requirements:
A.
Applications for waivers of requirements or improvements shall ordinarily
be submitted in writing by the subdivider at the time the preliminary
plat is filed. The application shall state fully the grounds on which
it is made.
B.
The Planning Board shall require a public hearing for any waiver
application that it finds may have an impact on adjoining properties.
The notice requirements for said public hearing shall be consistent
with the notice requirements for subdivisions.
C.
Any resolution by the Planning Board authorizing a waiver of these
regulations shall include the basis for its findings.
D.
In authorizing a waiver, the Planning Board shall attach conditions
and require such performance guarantee or bond as it may deem necessary
to assure compliance with the objectives of this chapter.
E.
Approvals of waivers pursuant to this section shall require a two-thirds
majority vote of the Planning Board.
This chapter shall take effect 20 days after it is filed as
provided in § 27 of the Municipal Home Rule Law.
