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.
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:
The owner of land proposed for subdivision development or
the owner’s duly authorized representative.
Written endorsement obtained from involved agencies and officials
acknowledging approval of proposed development.
The duly designated licensed attorney for professional consultation
to the Town of New Windsor Planning Board.
The duly designated licensed attorney for professional consultation
to the Town of New Windsor Town Board.
A mound of soil, either natural or man-made, used to obstruct
views or noise.
A pathway designed to be used by bikers.
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.
A complete listing of information/documentation to be provided
to the Town.
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.
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.
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.
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.
The working drawings and specifications for all improvements
and utilities.
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.
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.
Standards that set forth specific improvement requirements.
A pond, pool or basin used for the temporary storage of water
runoff.
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.
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.
The removal of surface water or groundwater from land by
drains, grading or other means.
Any component of the drainage system.
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.
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.
A person licensed as a professional engineer by the State
of New York Education Department.
The duly designated, licensed professional engineer for professional
consultation of the Town of New Windsor Planning Board.
The duly designated, licensed professional engineer for professional
consultation to the Town of New Windsor.
The detachment and movement of soil or rock fragments, or
the wearing away of the land surface by water, wind, ice or gravity.
Fees held by the Town of New Windsor that are payable to
the Town to cover reasonable costs associated with professional consultation
and review.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
The width of the lot along a public right-of-way or approved
private road at the right-of-way line.
The slope of a street, land, or other public way specified
in percentage terms.
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.
The Superintendent of Highways of the Town of New Windsor.
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.
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.
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
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.
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.
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]
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]
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]
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.
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.
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.
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.
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.
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.
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.
The Planning Board of the Town of New Windsor.
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.
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.
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.
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.
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.
An initial meeting or meetings between developers and municipal
representatives which affords developers the opportunity to present
their proposals informally.
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.
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.
A pond, pool or basin used for the permanent storage of water
runoff.
That portion of a street that is paved or otherwise surfaced
and ordinarily used for vehicular traffic.
State Environmental Quality Review Act, Article 8 of the
New York State Environmental Conservation Law and the implementing
regulations at 6 NYCRR 617.
A drawing showing the general features of a proposed subdivision
in accordance with this chapter.
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.
A street with only one vehicular traffic outlet and having
the other end for the reversal of traffic.
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.
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.
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.
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.
Any subdivision which results in a subdivision of not more
than four lots.
See "official date of submission."
A person licensed as a land surveyor by the State of New
York.
The Town Board of the Town of New Windsor.
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.
The Town Law of the State of New York.
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]
