Town of Philipstown, NY Part 3 Issuance of Building Permits

[Adopted 9-20-1968, approved 2-7-1969]

Article X Planning Board Policy

§ 112-65 Policy for street approval to permit issuance of building permit.

When the Planning Board exercises its authority under § 280-a, Subdivisions 1 and 2, of the Town Law and the February 23, 1968, resolution of the Philipstown Town Board to approve a street or highway in order to permit issuance of building permit,[1] the Planning Board will be guided by the following policy:

A. All existing state, county and Town highways are presumed to be streets or highways suitably improved and satisfactory for access.

B. All streets or highways located in subdivision plats approved by the Planning Board in accordance with the Subdivision Regulations and duly filed and recorded in the office of the Putnam County Clerk are presumed to be suitably improved and satisfactory for access, provided that such streets or highways have been completed as required by the Subdivision Regulations or the completion of such streets or highways is guaranteed by a current performance bond.

C. Rights-of-way or easements approved under the Open Development Area General Regulations are presumed to be suitably improved and satisfactory for access, provided that such rights-of-way or easements are improved as required by such regulations or the completion of required improvements in such rights-of-way or easements is guaranteed by a current performance bond.

D. Streets or highways meeting the terms specified in Subsection A and B above and rights-of-way or easements meeting the terms specified in Subsection C above need not be referred to the Planning Board for approval under the February 23, 1968, resolution of the Philipstown Town Board prior to issuance of a permit for the erection of a building which access is given by such a street or highway, right-of-way or easement. All other streets or highways, rights-of-way or easements, however, are subject to the approval of the Planning Board prior to issuance of building permits and will be considered by the Planning Board as individual cases and in accordance with Subsections E, F, G, H and I below.

E. All streets or highways, rights-of-way or easements will be approved as suitably improved and satisfactory for access when the proposed building is an addition to or a building accessory to an existing dwelling or farm, provided that the addition or accessory building will not be the cause of and will not increase an undue traffic burden on such street or highway, right-of-way or easement and will not result in conversion of a summer cottage to a year-round dwelling or result in use of such street or highway, right-of-way or easement by additional families.

F. Streets or highways or portions thereof that are not state, county or Town highways but which are located in a subdivision plat duly filed and recorded in the office of the Putnam County Clerk prior to the appointment of the Planning Board and the grant to such Board of the power to approve plats will be approved as suitably improved and satisfactory for access, provided that one of the following three requirements is met:

(1) If such street or highway or portion thereof is already in use for travel to an existing building or buildings, the street or highway or portion thereof that is already so used shall either have a right-of-way not less than 25 feet in width when providing exclusive access to not more than eight existing or potential building lots or shall have a right-of-way not less than 50 feet in width when providing exclusive access to more than eight existing or potential building lots, and any such street or highway or portion thereof that is already so used shall have been improved to meet the standards specified in the Open Development Area General Regulations, namely:

(a) A travelway of compacted gravel, crushed stone, spar, limestone or other acceptable surface material at least five inches in depth and 14 feet in width.

(b) The travelway having proper grading and drainage to prevent water from crossing the travelway surface.

(c) The travelway having suitable grades and alignment to provide safe and convenient access.

The right-of-way, travelway standards and limitation on the number of lots will be applicable to the entire length of the street or highway or portion or combinations thereof that are already so used between the point of access for the proposed building and a state, county or Town highway.

(2) If such street or highway is not already in use for travel to an existing building or buildings, the street or highway shall have been improved to meet the requirements of the Subdivision Regulations and ordinances of the Town governing the manner in which new streets shall be constructed. This requirement will be applicable to the entire length of the street or highway between the point of access for the proposed building and either a state, county or Town highway or a street or highway meeting the requirements of Subsection F(1).

(3) Any such street or highway which fails to meet the requirements of Subsection F(1) or F(2) above may be approved as having satisfactory access if a performance bond sufficient to cover the full cost of necessary improvements specified in Subsection F(1) or F(2) above, whichever is applicable, is furnished to the Town by the applicant. Such performance bond shall be in an amount approved by the Planning Board, shall be issued by a bonding or surety company approved by the Philipstown Town Board and shall be approved by the Town Board as to form, sufficiency and manner of execution.

G. Notwithstanding Subsection F above, the Planning Board may require a street or highway to be improved to higher standards when access is to be provided to more than eight building lots or to a commercial, industrial, institutional or other building that is not a single-family dwelling or farm building, but such higher standards will not exceed the standards specified in ordinances of the Town governing construction of new Town highways.

H. Any street or highway, including easement of access or right-of-way, which is not a state, county or Town highway; a street or highway located in subdivision plat duly filed and recorded in the office of the Putnam County Clerk; or a street or highway approved under the terms of the Open Development Area General Regulations will not be approved by the Planning Board as constituting suitable access, except under Subsection E above.

I. In exercising its responsibilities under Subdivisions 1 and 2, of the Town Law and under the February 23, 1968, resolution of the Town Board, the Planning Board will follow the following procedures:

(1) All proposals for approval of streets or highways will be considered by the Planning Board upon application presented at or prior to a duly called meeting of the Board at which the applicant should be present.

(2) Applications should be accompanied by a copy of the building permit application.

(3) As deemed necessary by the Planning Board to make an informed decision, the Board may require the applicant to submit either a survey showing the existing condition of the street or highway proposed for approval and/or construction plans showing necessary improvements.

J. Approval of streets or highways, rights-of-way or easements, under the February 23, 1968, resolution of the Philipstown Town Board and this policy statement, applies only to the access given to a proposed building; issuance of a building permit by the Building Inspector is also subject to compliance with other applicable rules, regulations, ordinances and laws.

[1] Editor's Note: The February 23, 1968, resolution is on file in the office of the Town Clerk.