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