[Adopted 6-19-1980, approved 7-3-1980]
Pursuant to § 280-a, Subdivision 4, of the Town Law, the Town Board of the Town of Philipstown, New York, has by resolution dated May 27, 1958, declared "...that the whole of the Town of Philipstown lying outside the Villages of Cold Spring and Nelsonville and lying outside of existing subdivisions (as defined in § 1115 of the Public Health Law) shall be and the same hereby is made an open development area wherein permits may be issued for the erection of structures to which access is given by private right-of-way or easement upon such conditions and subject to such limitations as may be prescribed by general or special rule of the Planning Board."
The following regulations apply to the open development area of the Town of Philipstown and shall govern the issuance of permits in said area for the erection of structures to which access is given by private right-of-way or easement.
[Amended 11-4-2022 by L.L. No. 3-2021]
A private right-of-way or easement that is not required to meet Town road standards, either under Code § 112-35 or by Open Development Area approval from the Planning Board, shall be improved with a travelway meeting the minimum standards for private ways as specified in the Land Subdivision Regulations. (See summary of standards in § 112-64.) The travelway shall have suitable grades and alignment to provide safe and convenient access to ears, fire apparatus and emergency vehicles, as well as for clearing of snow and ice.
The following shall be submitted with and form part of all applications for permits for the erection of structures to which access is given by private right-of-way or easement:
A. 
Proof of access: proof, in writing, of the permanent creation of the right-of-way or easement.
B. 
Maps: the two copies of the layout or plot plan required under § 175-8 of the Zoning Law of the Town of Philipstown, drawn to a scale of not less than one inch equals 100 feet and showing the right-of-way or easement and the dimensions thereof; copies of a subdivision plat map approved by the Philipstown Planning Board showing the right-of-way and lot may constitute such map.
C. 
Statement: a verified statement on forms prescribed by the Planning Board setting forth that the right-of-way or easement has been or, prior to the issuance of a certificate of occupancy, will be improved with a travelway conforming with the requirements of § 112-54 hereof; or, if full conformity is not shown or proposed, a statement of the respects in which the travelway, as existing or proposed, does not conform with said requirements and of the reason or reasons therefor.
[Amended 11-4-2022 by L.L. No. 3-2021]
A. 
If, upon examination of the application, all of the following are evident to the Building Inspector, then the Building Inspector shall issue a permit, provided that the requirements of all other applicable laws, ordinances, rules and regulations are met:
(1) 
That the private right-of-way or easement is at least 50 feet wide.
(2) 
That, if required by the Land Subdivision Regulations, the private right-of-way or easement and the lot to which access is to be given are shown on a subdivision plat map approved by the Planning Board and filed or recorded in the Office of the Putnam County Clerk.
(3) 
That the private right-of-way or easement connects to:
(a) 
An existing state highway or county road;
(b) 
An existing Town of Philipstown street or highway; or
(c) 
A private right-of-way or easement meeting the requirements of these regulations.
(4) 
That the travelway, as existing, meets the requirements of § 112-54 of these regulations or is guaranteed to be so completed by a completion bond filed under Subsection C below.
B. 
Should the application not meet the foregoing conditions, the Building Inspector shall either forthwith refer the same to the Planning Board, together with a statement of the reasons therefor, or shall, if applicable, consider the application under the provisions of § 112-60 hereof.
C. 
Bond. In the event that the required improvements to the travelway have not been completed at the time of application for a permit, a completion bond sufficient to cover the full cost of such improvement, as estimated by the Planning Board, shall be furnished to the Town by the applicant. Such completion bond shall be a surety, cash or savings account bond with security acceptable to the Town Board and approved by the Town Board as to form, sufficiency and manner of execution.
[Amended 11-4-2022 by L.L. No. 3-2021]
A. 
Upon receipt of the application referred by the Building Inspector, the Planning Board shall process the application using the procedure prescribed for major project site plan approval as set forth in Code § 175-66.
B. 
In regard to applications for approval of private ways providing access to 10 or more lots, the Planning Board shall approve such application only if the applicant demonstrates that it is unable to comply with the applicable Town Road Specifications due to physical limitations on development or other circumstances beyond its control. If such a showing is made, and the travelway meets the summary of standards for private rights-of-way and easement layouts set forth in Code § 112-64, the Planning Board shall grant the application, and in doing so may attach reasonable conditions. Further, the Planning Board may waive the development standards set forth in Code § 112-64 in the event that applicant demonstrates that compliance with the said standards is not possible, but only if the Planning Board is satisfied, in its discretion, that notwithstanding the waiver the travelway, shall still have suitable grades and alignment considering the volume of traffic anticipated and shall provide safe and convenient access to cars, fire apparatus and emergency vehicles, as well as for clearing of snow and ice.
C. 
In regard to applications for approval of private ways providing access to nine or fewer lots, the Planning Board shall approve such application if the travelway meets the summary of standards for private rights-of-way and easement layouts set forth in Code § 112-64, provided that the Planning Board may waive compliance with the said standards if it is satisfied, in its discretion, that notwithstanding the waiver, the travelway shall still have suitable grades and alignment considering the volume of traffic anticipated and shall provide safe and convenient access to cars, fire apparatus and emergency vehicles, as well as for clearing of snow and ice. The Planning Board may impose reasonable conditions on such approval.
[Amended 11-4-2022 by L.L. No. 3-2021]
Upon rendering a determination on an application for an Open Development Area approval, the Planning Board shall file the same with the Building Inspector and provide a copy to the applicant by mail.
Upon receipt of the return, the Building Inspector shall proceed as follows:
A. 
If the application has been approved as filed, or as modified or altered, he shall forthwith issue a building permit on the application as filed, or as filed and modified or altered, provided that the requirements of all other applicable laws, ordinances, rules and regulations are met.
B. 
If the application has been denied, he shall forthwith notify the applicant of such denial and the reason or reasons therefor.
No certificate of occupancy shall be issued for any structure erected under a building permit issued pursuant to any part of these regulations unless the travelway has first been fully completed and complies in all respects with the specifications therefor upon which the building permit was issued.
[Amended 11-4-2022 by L.L. No. 3-2021]
Any person aggrieved by the action of the Planning Board upon an application for an Open Development Area approval may apply to the Supreme Court of the State of New York for appropriate relief within 30 days after the Planning Board's decision has been filed with the Building Inspector.
The Building Inspector shall maintain a file and map record of all applications under these regulations.
[Amended 9-25-2013 by L.L. No. 4-2013; 11-4-2022 by L.L. No. 3-2021]
The following is a summary of the standards for new open development area private rights-of-way and easements layouts:
A. 
Right-of-way width: 50 feet. The right-of-way is to consist of an easement superimposed upon the abutting lots; fee to land under the easement owned by the abutting lots to the center line of the right-of-way.
B. 
Travelway: fourteen-foot width constructed with a suitable compacted gravel or crushed stone base, eight inches in depth, meeting the specifications for a foundation course as set forth in the Town Road Specifications [§§ 112-34J and 112-35A of the Subdivision Regulations; §§ 150-20B(2) and 150-21B of the Town Road Specifications].
C. 
Drainage: The travelway is to be provided with sufficient drainage to protect the stability of the travelway and to prevent water from crossing the travelway surface (§ 112-35B of the Subdivision Regulations).
D. 
Maximum grade: 14% (§ 112-34J of the Subdivision Regulations).
E. 
Turnaround: 75 feet diameter of right-of-way, or a hammerhead- or branch-type capable of accommodating the turning and backing movements of a vehicle 40 feet in length [§ 112-34G(2) of the Subdivision Regulations].
F. 
Alignment: 75 feet minimum radius of curvature (§ 112-34L of the Subdivision Regulations).
G. 
Street connection: shall connect to:
(1) 
An existing state highway or county road;
(2) 
An existing Town of Philipstown street or highway;
(3) 
A proposed Town street or highway shown on a plat approved by the Philipstown Planning Board and filed in the Putnam County Clerk's office; or
(4) 
A private right-of-way or easement meeting the requirements of the Open Development Area General Regulations of the Town of Philipstown and giving sole access to no more existing or potential lots, including the lots proposed under the application, than permitted by such general regulations [§ 112-34B(3) of the Subdivision Regulations].
H. 
(Reserved)
I. 
Requirement precedent to issuance of permit: The right-of-way shall connect to existing state, county or Town highway or an improved open development area right-of-way (excluding proposed Town highways); travelway and drainage complete or guaranteed; proof of access; etc. (See §§ 112-55 and 112-56 of these regulations.)
J. 
Requirement of recorded right-of-way maintenance agreement.
(1) 
Prior to granting final approval of a new open development area subdivision pursuant to these regulations, the Planning Board shall require the applicant to submit a right-of-way maintenance agreement that complies with the criteria in Subsection J(4) below.
(2) 
Final approval of the subdivision shall be conditioned upon recording the approved maintenance agreement in the County Clerk's office, and the Planning Board Chair shall not sign the plat until the applicant has shown proof of such recording and provided a suitable notation of such recording on the plat.
(3) 
An applicant may substitute a recorded property owners' association agreement for a recorded right-of-way maintenance agreement, provided that the Town Attorney finds that the property owners' association documents provide assurances of maintenance of the right-of-way that meet the requirements in Subsection J(4). The property owners' association agreement shall be recorded in the County Clerk's office prior to or simultaneously with final approval of the plat.
(4) 
The right-of-way maintenance agreement or property owners' association (POA) agreement shall meet the following minimum requirements:
(a) 
The signatories to the maintenance agreement or the POA agreement shall have adequate powers to charge the subdivision lot owners for their proportionate share of the maintenance costs of the private road.
(b) 
The maintenance agreement or the POA agreement shall ensure that the road will be maintained and kept open to permit emergency vehicle access.
(c) 
The maintenance agreement or POA agreement shall bind all lot owners in the subdivision and their successors in title.
K. 
Note: See the Land Subdivision Regulations and Town Board Specifications for details and other requirements.