A. 
This chapter establishes the laws, rules, regulations and standards governing the subdivision of land within the Town of New Windsor, Orange County, New York, pursuant to the provisions of Article 16 of the Town Law of the State of New York and amendments thereto, setting forth the procedure to be followed by the Planning Board in applying and administering these laws, rules, regulations and standards.
B. 
This chapter shall be known as the “Land Subdivision Local Law of the Town of New Windsor, Orange County, New York.”
By authority of the resolution adopted by the Town Board, the Planning Board was created for the purpose of providing for the future growth and development of the Town and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of the residents, and the Planning Board of the Town of New Windsor has been granted the authority to review and approve, approve with modifications or disapprove subdivision plats and to establish rules, regulations and conditions, including the conduct of public hearings for such approval, in accordance with such procedures as provided in §§ 272 through 281, inclusive of the Town Law of the State of New York and acts amendatory thereof.
A. 
It is declared to be the policy of the Town of New Windsor Planning Board to consider land subdivision as part of a plan for the orderly, efficient, environmentally sound and economical development of the Town. These regulations shall be administered to ensure orderly growth and development and shall supplement and facilitate the provisions in the Town Comprehensive Plan, Chapter 300, Zoning, the Town Official Map and Town capital budget. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that proper provisions shall be made for drainage, water supply, sewerage and other needed improvements; that the natural terrain, vegetation, soil, agriculture, historical, cultural, visual and aesthetic resources shall be conserved wherever possible; that all proposed lots shall be laid out and of such size so as to be in harmony with the development pattern of neighboring properties; that the proposed streets shall compose a convenient system conforming and properly related to the proposals shown on the Town Comprehensive Plan, and shall be of such width, grade and location as to accommodate prospective traffic, to facilitate fire protection and to provide access for fire-fighting equipment to buildings; and that proper provision shall be made for open space for parks and playgrounds.
B. 
In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote public health, safety and welfare.
Where the conditions imposed by any provisions of these regulations are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of these regulations or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are most restrictive and impose higher standards or requirements shall govern.
A. 
The Planning Board may waive, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment of the special circumstances of a particular plat or plats, are not required in the interest of the public health, safety and general welfare or which, in its judgment, are impracticable or would cause undue hardship because of a peculiar condition pertaining to the land in question, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this chapter, Chapter 300, Zoning, and the Town Comprehensive Plan.
B. 
Any subdivider requesting a waiver(s) from the Planning Board shall submit two sets of plans: one set of plans in conformance with all subdivision criteria and one set of alternate plans along with a written explanation of their request for the waiver(s).
A. 
No permit for the erection of any building shall be issued unless an adequately improved street or highway, giving access to such proposed structure, is shown upon the plat approved by the Planning Board, or is an existing, adequately improved state, county or Town road or is an adequately improved street on a plat duly filed and recorded in the Orange County Clerk’s office prior to the appointment of such Planning Board and the grant to such Board of the power to approve plats.
B. 
Issuance of building permits will also be subject to the requirements and restrictions as listed under § 300-77 of Chapter 300, Zoning.
Unless otherwise authorized by the Planning Board, no permit for the erection of any building shall be issued where such building is on a lot forming part of a subdivision on which, according to this chapter, the Planning Board has been required to act, until such time as final Planning Board approval for that subdivision has been obtained in accordance with procedures set forth in this chapter, until such time that all other requirements of the Building Department have been complied with, and the subdivision has been filed in the Orange County Clerk’s office.
A. 
Each application must be accompanied by fees established by resolution of the Town Board of the Town of New Windsor; such fees shall be paid to the duly authorized Town official; no plans shall be further reviewed or signed for filing unless all outstanding Town fees, application fees, inspection fees for public improvements and consultation fees are paid in full.
B. 
A developer shall be obligated to pay for all reasonable professional review fees incurred by the Town of New Windsor for services rendered in connection with the developer’s project. These fees shall include, but are not limited to, charges by the professionals for review of all plans, fees for review and progress reports as the development progresses and all fees related to on-site inspections.
C. 
The Town will require the developer to establish an escrow account for the performance of reviews of the subdivision application. The escrow account amount shall be established by the Town and shall be replenished to maintain a balance as deemed appropriate by the Planning Board.
D. 
A developer shall be obligated to make payments to the escrow account described above within seven business days of receipt of notification from the Town advising that the developer’s account needs to be replenished. A developer must also pay all other fees required to be paid hereunder within seven business days of receipt of notification for payment. Failure to remain current with any and all fees shall permit the Planning Board and its consultants to terminate all work and review on the developer’s application until such time as all payments are current. Any application account not maintained in current standing shall be deemed withdrawn by the applicant.
For the purpose of this chapter, certain words used herein are defined as follows:
APPLICANT
The owner of land proposed for subdivision development or the owner’s duly authorized representative.
APPROVAL or APPROVED
Written endorsement obtained from involved agencies and officials acknowledging approval of proposed development.
ATTORNEY, PLANNING BOARD
The duly designated licensed attorney for professional consultation to the Town of New Windsor Planning Board.
ATTORNEY, TOWN
The duly designated licensed attorney for professional consultation to the Town of New Windsor Town Board.
BERM
A mound of soil, either natural or man-made, used to obstruct views or noise.
BIKEWAY
A pathway designed to be used by bikers.
BUFFER
An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit the view of, and/or sound from, the site to adjacent sites or properties.
CHECKLIST
A complete listing of information/documentation to be provided to the Town.
CLUSTER DEVELOPMENT
A residential subdivision in which the permissible number of dwelling units that would result in a given district under conventional applications of this chapter is allowed to be constructed on a smaller portion of the land included in the subdivision. Such flexibility of design and development of land shall be used to encourage the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities and to preserve the natural and scenic qualities of open lands under authority of § 278 of the Town Law.
COMPREHENSIVE PLAN
The materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material, that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the Town located outside the limits of any incorporated village or city.
CONDITIONAL APPROVAL
The approval of a plat is subject to conditions set forth by the Planning Board in a resolution. Conditional approval does not qualify a final plat for recording. Upon the completion of said conditions to the Planning Board’s satisfaction, the plat shall be signed by a duly authorized officer of the Planning Board. The subdivider shall satisfy all conditions and obtain the written certification of the Planning Board within 180 days from the date of conditional approval. This period may be extended by the Planning Board if, in its opinion, the circumstances warrant, for up to two additional ninety-day periods. Failure to meet these requirements shall result in the expiration of conditional approval.
CONSERVATION EASEMENT
An easement, covenant, restriction or other interest in real property, which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property in a manner consistent with the public policy and purpose set forth in § 49-0301 of the Environmental Conservation Law.
CONSTRUCTION DETAILS PLAN or CONSTRUCTION PLAN
The working drawings and specifications for all improvements and utilities.
DEDICATION LAND
Where a subdivision borders or included existing roads that do not conform to street or right-of-way widths as shown on the Official Map or that do not conform to the width requirements of this chapter, or when the County or Town Comprehensive Plans or Highway Departments indicate plans for the realignment or widening of a road that would require use of some of the land in the subdivision, the subdivider shall be required to provide dedication land for widening or realigning such roads on the plat along one or both sides. A minimum of 25 feet from the center line of the existing roadway shall be provided.
DESIGN PROFESSIONAL
Architect, landscape architect, land surveyor, professional engineer or other person licensed by the State of New York to practice site planning or preparation of design drawings for review and approval. The design professional’s responsibility shall be defined by state law.
DESIGN STANDARDS
Standards that set forth specific improvement requirements.
DETENTION BASIN
A pond, pool or basin used for the temporary storage of water runoff.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land included in a proposed development; also, the holder of an option or contract to purchase or any other person having enforceable proprietary interest in such land.
DEVELOPMENT
A planning or construction project involving substantial property improvement and, usually, a change of land-use character within the site; the act of using land for building or extractive purposes.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means.
DRAINAGE FACILITY
Any component of the drainage system.
DRIVEWAY
A paved or unpaved area used for ingress and egress of vehicles, and allowing access from a street to a building, other structure or facility.
EASEMENT
A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.
ENGINEER
A person licensed as a professional engineer by the State of New York Education Department.
ENGINEER, PLANNING BOARD
The duly designated, licensed professional engineer for professional consultation of the Town of New Windsor Planning Board.
ENGINEER, TOWN
The duly designated, licensed professional engineer for professional consultation to the Town of New Windsor.
EROSION
The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice or gravity.
ESCROW
Fees held by the Town of New Windsor that are payable to the Town to cover reasonable costs associated with professional consultation and review.
FENCE
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
FRONTAGE
The width of the lot along a public right-of-way or approved private road at the right-of-way line.
GRADE
The slope of a street, land, or other public way specified in percentage terms.
GROUND COVER
A planting of low-growing plants or sod that, in time, forms a dense mat covering the area, preventing soil erosion and the growth of unwanted plants.
HIGHWAY SUPERINTENDENT
The Superintendent of Highways of the Town of New Windsor.
HISTORIC DISTRICT
An area related by historical events or themes, by visual continuity or character or by some other special feature that helps give it a unique historical identity. The area may be designated an historic district by local, state or federal government.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration of water, such as a rooftop, road pavement, etc.
IMPOUNDMENT
A body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.
IMPROVEMENTS
Any man-made, improvable item with an expected useful life of at least five years which is affixed to, or embedded in, the ground and serves a lot or lots created by subdivision. Examples of improvements are streets, sidewalks, driveways, curbs, culverts, drainage systems, utilities, water supply systems and sewage collection and treatment systems.
LANDSCAPED or LANDSCAPING
Open space features which include, but are not necessarily limited to, the following existing and cultivated elements arranged to produce an ornamental or otherwise desired effect: turf, meadow, rocks, watercourses or water bodies, trees, shrubs, flowers, walls, berms, swales, lanes, paths, stone walls and other similar natural and man-made elements and forms.
LOT
A designated parcel, tract or area of land separated from other parcels or portions, for purpose of sale, lease or separate use, as indicated on a subdivision plat, recorded in the Orange County Clerk's Office, to be used, developed or built upon as a unit. For the purposes of these subdivision regulations, a parcel shall not be considered to have already been subdivided into two or more lots if bisected by one or more public streets or a railroad right-of-way.
[Amended 12-6-2017 by L.L. No. 12-2017]
LOT LINE CHANGE
Any alteration of lot line(s) or dimensions of any lots, whether or not shown on a plat previously approved and filed in the Orange Clerk's office, which alteration will result in land area becoming part of an existing adjacent lot, provided that no new lots are created. A lot line change is not a subdivision.
[Amended 4-5-2017 by L.L. No. 4-2017]
LOT LINE CHANGE PLAT
A drawing, in final form, showing a proposed lot line change, containing all information or detail required by this chapter or any other applicable state or local law, ordinance, rule, regulation or resolution to be presented to the Planning Board for approval, and which, if approved, may be duly filed or recorded by the applicant in the office of the County Clerk contemporaneously with the deed or deeds transferring land area to the adjacent lot.
[Added 4-5-2017 by L.L. No. 4-2017]
MAINTENANCE GUARANTY
Any security which may be required and accepted by the Town of New Windsor to ensure that necessary improvements will function as required for a specific period of time.
OFFICIAL DATE OF SUBMISSION
The date upon which a sketch plan, preliminary plat or final plat shall be considered submitted to the Planning Board, hereby defined to be the date of the regularly scheduled meeting of the Planning Board, at which time the materials are received and reviewed by the Planning Board members.
OFFICIAL MAP
The map established by the Town pursuant to § 270 of the Town Law, showing streets, highways, parks, drainage systems and other features, both existing and proposed, of the Town of New Windsor.
OPEN SPACE
Any parcel, area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners or occupants of land adjoining or neighboring such open space.
PARENT PARCEL
Any parcel of land owned individually and separated in ownership from any adjoining tracts of land on the original effective date of these regulations which has a total area which exceeds the minimum requirements of Chapter 300, Zoning, for lot size, and for which there exists the legal possibility of subdivision.
PARKLAND
An open space area conveyed or otherwise dedicated to the Town, a Town agency, school district, federal, state or county agency or other public body for recreational or conservation uses.
PERFORMANCE GUARANTY
A security which may be accepted by the municipality in lieu of the requirements that certain improvements be made before the Planning Board gives final approval to a subdivision plat. Such security shall be sufficient to cover the full cost of all incomplete improvements in the subdivision, with such estimate as accepted by the Planning Board Engineer, and approved by the Planning Board. Such cost estimation shall be based on the premise that the security amount must be sufficient to provide for the contracting of improvement construction to an uninvolved concern, as may become necessary. Securities shall include such collateral or agreements are acceptable to the Town Board and Town Attorney, or a bond acceptable to the Town Board and Town Attorney.
PLANNING BOARD
The Planning Board of the Town of New Windsor.
PLAT APPROVAL, CONDITIONAL FINAL
Approval by the Planning Board of a final plat subject to conditions set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the Orange County Clerk’s office.
PLAT APPROVAL, FINAL
The signing of a plat, in final form, by a duly authorized officer of the Planning Board pursuant to a resolution granting final approval to the plat after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the Orange County Clerk’s office.
PLAT APPROVAL, PRELIMINARY
The approval of the layout of a proposed subdivision as set forth in a preliminary plat but subject to the approval of the plat in final form in accordance with the provisions of these regulations.
PLAT, FINAL
A drawing, prepared in a manner prescribed according to the requirements of these subdivision regulations, containing such additional detail as provided herein, all information required to be shown on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of the preliminary plat if such preliminary plat has been so approved.
PLAT, PRELIMINARY
A drawing, prepared in a manner prescribed according to the requirements of these subdivision regulations, showing the layout of a proposed subdivision, including, but not restricted to, road and lot layout and approximated dimensions, key plan, topography and drainage, all proposed facilities, including preliminary plans and profiles, at a scale and in such detail as required herein.
PREAPPLICATION CONFERENCE
An initial meeting or meetings between developers and municipal representatives which affords developers the opportunity to present their proposals informally.
PRELIMINARY LAYOUT
The drawings of the entire tract which, in part or in entirety, is proposed to be subdivided and submitted to the Board for its consideration for preliminary approval.
RETAINING WALL
A structure erected between lands of different elevation to protect a structure(s) and/or to prevent the washing down or erosion of earth from the upper slope level.
RETENTION BASIN
A pond, pool or basin used for the permanent storage of water runoff.
ROADWAY
That portion of a street that is paved or otherwise surfaced and ordinarily used for vehicular traffic.
SEQR
State Environmental Quality Review Act, Article 8 of the New York State Environmental Conservation Law and the implementing regulations at 6 NYCRR 617.
SKETCH PLAN
A drawing showing the general features of a proposed subdivision in accordance with this chapter.
STREET
A way for vehicular traffic, whether designated as a street, highway, throughway, thoroughfare, alley, road, avenue, boulevard, right-of-way, lane, place or other designation. Streets shall be classified in accordance with the provisions of the street specifications for proposed Town roads and construction on existing Town roads. Note: See the Town of New Windsor’s street specifications, § 252-25, for further information.
STREET, DEAD-END or CUL-DE-SAC
A street with only one vehicular traffic outlet and having the other end for the reversal of traffic.
STREET, STUB
A dead-end street with an extended right-of-way to the subdivision boundary, irrevocably offered for dedication to the Town, which provides for future continuation of the street. The right-of-way shall remain free from any improvements.
SUBDIVIDER
Any person, firm, corporation, partnership or association who shall lay out land for subdivision or any part thereof, as defined herein, either for himself or others.
SUBDIVSION
The division of a parcel of land into a number of lots, blocks or sites, with or without streets or highways, for the purpose of sale, transfer of ownership or development. "Subdivision" shall include any change of an approved or recorded subdivision plat if such change affects any street layout or improvements shown on such plat or any area reserved thereon for public use; or any change to a plat filed prior to the adoption of any regulations controlling subdivisions. For the purposes of these subdivision regulations, a parcel shall not be considered to have already been subdivided into two or more lots if bisected by one or more public streets or a railroad right-of-way.
SUBDIVISION, MAJOR
The division of any parcel or parcels into five or more parcels, plots, sites or other divisions of land for immediate or future sale or for building development.
SUBDIVISION, MINOR
Any subdivision which results in a subdivision of not more than four lots.
SUBMITTAL DATE
See "official date of submission."
SURVEYOR
A person licensed as a land surveyor by the State of New York.
TOWN BOARD
The Town Board of the Town of New Windsor.
TOWN DEVELOPMENT PLAN
A comprehensive, long-range plan, adopted by the Town and as may be amended from time to time, intended to guide the growth and development of the Town of New Windsor; includes analysis, recommendations and proposals for the Town’s population, economy, environment, housing, transportation, community facilities and land use.
TOWN LAW
The Town Law of the State of New York.
ZONING LAW
The officially adopted zoning requirements of the Town of New Windsor, entitled “Zoning Local Law of Town of New Windsor,” together with any and all amendments thereto in accordance with Article 16 of the Town Law.[1]
[1]
Editor's Note: See Ch. 300, Zoning.