Any subdivision applicant shall observe the
following general requirements and principles of land subdivision:
A.
In general, the proposed subdivision shall conform to Chapter 75, Zoning, and to the adopted Town Master Plan and Town Official Map, if such documents exist.
B.
Any plats and documents that are submitted must comply
with the regulations regarding the posting of bonds and construction
of improvements and any utilities as provided for in this article.
C.
In addition, the proposed subdivision shall conform
to Town laws and ordinances regulating building construction, fire
prevention, flood hazard construction, sewer service connections,
tree cutting and water service connections.
The following items shall be required for conditional
and final approval:
A.
One transparency or linen or Mylar drawing and four
black-and-white prints of all required plans, plats or surveys and
four copies of all other supplementary documents and written applications
shall be filed with the Town Clerk.
B.
All transparency or linen or Mylar drawings shall
be submitted on sheets of translucent material suitable for reproduction
(20 inches by 40 inches or 20 inches by 20 inches,) not larger than
20 inches by 40 inches and not smaller than 20 inches by 20 inches.
Horizontal scales of one inch equals no more than 100 feet and vertical
scales of one inch equals no more than 20 feet shall be used. When
more than one sheet is required to show the plat within the prescribed
scale, an index sheet of the same size shall be submitted showing
the entire proposed subdivision with lot and block numbers clearly
legible, at a scale of one inch equals no more than 600 feet. In addition,
the outlines of the development shall be accurately shown on a scale
of one inch equals 1,800 feet, for transportation to the adopted Official
Map of the Town, if such exists.
C.
All submissions shall bear the following information:
the proposed subdivision name, identifying title, the words "Town
of Rosendale, Ulster County, New York," the date of submission and
survey and the name and address of record of the owner or subdivider.
Names, addresses, certification and seals of registered engineers,
surveyors, planners and/or architects engaged to prepare drawings;
North arrows; and graphic scales shall appear.
D.
Space shall be provided on all submissions for required
endorsements by appropriate agencies.
E.
Filing of final plat with the County Clerk. One linen
or Mylar drawing of an approved final subdivision plat shall be filed
with the Ulster County Clerk, along with one paper copy.
The following materials are required for sketch
plan review:
A.
The sketch plan may be a sketch made directly on a
print of the topographic survey of the proposed subdivision area.
It shall show in simple sketch form the relationship between existing
physical conditions and the proposed layout of streets, lots and other
features and all topographic data required for the preliminary plat
or such of these data as the Planning Board considers necessary for
its review of the sketch plan.
B.
The location map shall show the relationship of the
proposed subdivision to existing community facilities which serve
it. It shall include main traffic arteries and general information
on surrounding land uses.
C.
A project narrative report that describes or outlines
the existing conditions of the site and the proposed development shall
be prepared wherever necessary to explain and supplement the sketch
plan and location map. This information should include existing data
on covenants, land characteristics, available community facilities
and utilities and data as to the proposed number of residential lots,
business areas, playgrounds, parks and other public areas, protective
covenants, utilities and street improvements.
The following drawings and documents are required
for preliminary plat approval:
A.
The preliminary plat, in addition to the requirements of § 60-18C and D, shall show both the existing condition data and proposed conditions as follows:
(1)
Existing condition data required:
(a)
Boundary lines: bearings and distances of lines
and total acreage, including the entire area to be subdivided and
the remainder of the tract owned by the subdivider; and a point of
beginning to the survey or deed description of the site, referenced
to an existing physical monument.
(b)
Easements: location, width, identification and
purpose.
(c)
Streets on and adjacent to the tract: name,
width of right-of-way and location; type, width and elevation of surfacing;
any legally established center-line elevations; walks, curbs, gutters,
culverts, etc.
(d)
Utilities, existing or proposed by public agencies
or utility companies, on and adjacent to the tract: location of septic
tanks; location, direction of flow, size and invert elevation of sanitary
sewers, storm sewers, culverts, water mains and gas lines; if water
mains and sewers are not on or adjacent to the tract, indication of
the direction and distance to and size of nearest ones, and invert
elevations; location of fire hydrants, utility poles and streetlighting
standards.
(e)
Ground elevation on the tract:
[1]
For land that slopes less than approximately
2%, spot elevations at all breaks in grade, along all drainage channels
or swales and other necessary points.
[2]
For land that slopes regularly more than 2%,
contours at five-foot intervals if such information is sufficient
for planning purposes, or contours at two-foot intervals if necessary
because of irregularly sloped land or need for more detailed data
for preparing plans and construction drawings.
(f)
Other conditions on the tract: watercourses,
floodplains, rock outcrops, wooded areas, isolated preservable trees,
buildings and structures and other significant features.
(g)
Other conditions on adjacent land: approximate
direction and gradient of ground slopes, including any embankments
or retaining walls; character and location of buildings, power lines,
towers and other nearby nonresidential land uses or public open spaces.
(2)
Existing conditions data, at the discretion of the
Planning Board:
(a)
Subsurface conditions on the tract: location
and results of tests made to ascertain subsurface soil, rock and groundwater
conditions; depth to groundwater, unless test pits are dry at a depth
of five feet; location and results of soil percolation tests if individual
sewerage disposal systems are proposed.
(b)
Photographs: camera location, direction of views
and key numbers.
(3)
Proposed site improvements:
(a)
Streets: names, right-of-way and roadway widths,
grades and profiles.
(b)
Other rights-of-way or easements location, width
and purpose.
(c)
Location of utilities, if not shown on other
exhibits.
(d)
Lot lines, lot areas, lot numbers and block
numbers.
(e)
Sites, if any, to be reserved or dedicated for
parks, playgrounds or other public uses.
(f)
Sites, if any, for multifamily dwellings, shopping
centers, churches, industry or other nonpublic uses exclusive of single-family
dwellings.
(g)
Minimum building setback lines.
(h)
Site data, including number of residential lots,
minimum lot size, park acreage, etc.
(i)
Approximate location, size, grades and profiles
of all proposed water lines and sewer lines. Also, connections with
existing lines, locations of valves, hydrants, manholes and drop inlets;
if individual sewerage disposal systems are proposed, the location
of septic tanks and leaching fields or seepage pits.
(j)
Approximate grading plan if natural contours
are to be changed more than two feet.
(k)
Location and species of new street trees.
B.
A vicinity map, drawn at a scale of one inch equals
not more than 600 feet, showing the relocation of the proposed subdivision
to the adjacent properties and to the general surrounding area, shall
indicate:
(1)
All existing adjacent parcels of land, together with
the names of the record owners, platted and unplatted; namely, those
parcels directly abutting or directly across any and all streets adjoining
the proposed subdivision. Platted land shall be referred to by name,
recording date and subdivision number
(2)
Highways or other major improvements planned by public
authorities for future construction on or near the tract.
(3)
The boundaries and designations of zoning districts
affecting the tract.
(4)
An outline of the platted area together with its street
system. If the preliminary plat submitted covers only a part of the
subdivider's entire holding, an indication of the future probable
street and drainage system of the remaining portion of the tract shall
be shown.
C.
Deed description and survey map of tract boundaries,
made and certified by a licensed land surveyor.
D.
Other preliminary plans may be required by the Planning
Board, including the following:
(1)
Street profiles showing existing surface and proposed
street grades, including extensions for a reasonable distance beyond
the limits of the proposed subdivision.
(2)
Typical cross sections of the proposed grading, roadway
and sidewalk, type and depth of surfacing and subbase, location of
streetlighting fixtures, street signs and street trees.
E.
Any approvals, as may be prescribed by law from any
other municipal, county, state or federal agency which may have jurisdiction,
including but not limited to access permits onto a state highway or
a county road.
The following drawings and documents are required
for final plat approval:
A.
The final plat, in addition to the requirements of § 60-18C, shall show the following:
(1)
The location, names and widths of existing streets,
highways and easements, building lines, parks and other public properties
abutting the site.
(2)
Tract boundary lines, street right-of-way lines, easement
and other right-of-way lines and property lines of residential lots
and other sites; accurate dimensions, bearings, deflection angles
and radii; and arcs of all curves shall be shown.
(3)
The name and right-of-way width of each street or
other right-of-way.
(4)
The location to identify each lot or site; lot areas
in square feet.
(5)
The location, dimensions and purpose of easements.
(6)
An accurate outline and designation of purpose of
all areas to be dedicated or reserved for public use, for which deeds
of cession are included, and any other spaces which are not to be
dedicated.
(7)
Block, lot and section numbers.
(8)
Minimum building setback line on all lots and other
sites and outline of proposed buildings.
(9)
Names of record owners of adjoining unplatted land.
(10)
Reference to recorded subdivision plats of adjoining
platted land by record name, date and number.
(11)
Certification by surveyor or engineer, certifying
to the accuracy of the survey and plat.
(12)
Certification of title showing that the applicant
is the owner.
(13)
A statement by owner dedicating streets, rights-of-way,
sites for public use and easements for public utilities.
(14)
Plans and profiles showing the exact location, size,
type and invert elevations of existing and proposed water mains, sanitary
sewers and stormwater drains; profiles of all utility lines at points
of interference; and the location of fire hydrants and all gas or
other underground utilities or structures.
(15)
The location and type of the following improvements:
street paving, sidewalks, curbs and private sewage disposal systems.
(16)
A grading plan showing present and proposed contours
at two-foot intervals.
(17)
Sufficient data, acceptable to the Town Engineer,
to determine readily the location, bearing and length of every street
line, lot line and boundary line in order to reproduce such lines
upon the ground. Where practicable, these should be referenced to
monuments, included in the state system of plane coordinates and,
in any event, should be tied to referenced points previously established
by public authority.
(18)
For each street, the length of all straight lines
and the deflection angle, radius, tangent distances and bearings and
length of all curves and arcs shall be given for subsequent inclusion
on the Town Official Map.
(19)
All dimensions shall be known in feet and decimals
of a foot. All angles of the lines of each lot shall be given to the
nearest 10 seconds.
(20)
Approval of the New York State Department of Environmental
Conservation, the Ulster County Health Department and other local,
county, state or federal agency having jurisdiction.
(21)
Location of any approved access points onto a state
highway, county road or Town highway.
B.
Cross sections and profiles of all proposed streets
shall be submitted showing grades approved by the Superintendent of
Highways; width of roadway; type and depth of surfacing and subbase;
location, size and type of curbs; locations and width of sidewalks;
and the location and size of utility mains. The profiles shall be
drawn to standard scales and elevations along center lines of streets,
showing existing and proposed elevations. Where a proposed new street
intersects an existing street, the elevation of such existing street
shall be shown for 100 feet from each such intersection. All elevations
must be referred to established or approved local bench marks. Elevations
of all proposed streets shall be shown at five points on a line at
right angles to the center line of the street, every 100 feet throughout
the length of such street, and said elevation points shall be at the
center line of the street, each property line and at points 25 feet
inside of property lines. Preliminary designs for any bridges or culverts,
if required, shall also be included.
C.
A certificate by the Town Clerk shall be submitted
certifying that the subdivider has complied with one of the following
alternatives:
(1)
That all public improvements have been installed to the satisfaction of the Town Engineer and any other official or body authorized by law to act, and in accordance with requirements specified in § 60-25 of these regulations and not specifically waived by the Planning Board, as provided in Article VII.
D.
The plat shall be endorsed with the necessary agreements
in connection with easements or releases. Offers of cession to the
Town shall be presented prior to plan approval. Formal offers of cession
to the Town of all streets and open spaces not marked on the plat
with notation to the effect that such cession will not be offered
shall be filed with the Planning Board prior to plat approval.
E.
The Planning Board may require a written agreement
between the subdivider and the Town Board tendering cession of all
land included in streets, highways, parks or public spaces not specifically
reserved by the subdivider. Such agreement shall bear the endorsement
of the Town Attorney as to its legal sufficiency. For all public open
spaces for which deeds of cession are not included, there shall be
submitted documents showing the manner in which such areas are to
be maintained and the provision made therefor. The approval by the
Planning Board of a subdivision plat shall not be deemed to constitute
or imply the acceptance by the Town of any street, park, playground
or other open space shown on said plat.
F.
Written agreement, in accordance with § 60-26A, that public utility companies will make necessary service installations where required by the Planning Board.
G.
Other approvals:
(1)
Driveway access permit from state and county authorities
where required.
(2)
Stream and/or wetlands disturbance permits from the
New York State Department of Environmental Conservation, when required.
(3)
Such other approvals, affidavits, certificates or
endorsements as may be required by the Planning Board.
Performance bonds or other forms of financial security, as set forth in § 277, Subdivision 9(c), of New York State Town Law, provided by the subdivider in compliance with § 60-21C shall be in an amount determined, by the Planning Board or other appropriate Town departments designated by the Planning Board, to cover the full cost of required public improvements.
A.
Such security must be provided pursuant to a written
security agreement with the Town, and shall be approved by the Town
Attorney and the Town Board as to form and manner of execution.
B.
Such performance guarantees shall run for a term to
be fixed by the Planning Board, but in no case for longer than three
years. Such term may be extended by the Planning Board, with the consent
of the parties thereto.
C.
If the Planning Board shall decide at any time during
the term of the performance guarantee that the extent of building
development which has taken place in the subdivision is not sufficient
to warrant all the improvements covered by such performance guarantee
or that improvements have been installed, in accordance with § 277
of the Town Law and as required by the Planning Board, in sufficient
amount to warrant reduction in the face amount of such guarantee,
then, upon approval by the Town Board, the Planning Board, after due
notice and public hearing, may modify its requirements for any or
all such improvements, and the face value of such performance guarantee
shall thereupon be reduced by an appropriate amount so that the new
face value will cover the cost in full of the amended list of improvements
required by the Planning Board, and any security deposited with the
guarantee may be reduced proportionately.
D.
If the Planning Board or an appropriate Town officer
appointed by it finds, upon inspection, that any of the required improvements
have not been constructed in accordance with the plans and conditions
approved and specified by the Planning Board, then the subdivider
and the bonding company, if any, shall be severally and jointly liable
for the costs of completing said improvements originally specified
by the Planning Board.
E.
Such performance guarantees shall be released to the
subdivider only upon certification by the Town Board that all required
improvements have been satisfactorily completed.
The subdivider shall also post with the Town
Clerk a performance guarantee in an amount determined by the Planning
Board to be adequate to assure the satisfactory condition of all required
improvements for a period of one calendar year next following the
date of certification of satisfactory completion, installation or
construction of such improvements. Such performance guarantee for
maintenance of improvements shall be satisfactory to the Town Attorney
as to the form, manner of execution and surety and in an amount satisfactory
to the Town Engineer.
A performance guarantee in an amount sufficient
to guarantee the proper grading of the property and the respreading
of the topsoil shall be posted, or other written assurance acceptable
to the Planning Board shall be given, before issuance of a certificate
of occupancy.
A.
In making determinations regarding the necessity and
extent of the installation of such public improvements, the Planning
Board shall take into consideration the prospective character and
uses in the proposed subdivision, whether dense residential, open
residential, business or industrial.
B.
The Planning Board shall require the installation of the following public improvements in accordance with Town Law unless it shall specifically waive any such improvements, as provided in § 60-38.
C.
All improvements as are required shall be installed
in accordance with standards, specifications and procedures acceptable
to the appropriate Town departments or as provided in these regulations.
D.
Unless a bond is posted in accordance with §§ 60-22, 60-23 and 60-24, all improvements as are required shall have been completed, installed or constructed and so certified before approval of the final plat shall be granted and before any building permits or certificates of occupancy shall be issued in accordance with §§ 60-15 and 60-16.
A.
Required approvals. Acceptance of any proposed road
dedication is subject to the approval of the Town Highway Superintendent,
Town Attorney and Town Board of the Town of Rosendale.
B.
Documents to be submitted. The following documents
must be submitted in duly recordable form:
(1)
Four properly executed duplicate original dedications.
(2)
Four duplicate original consents of the Town Board
to dedication.
(3)
Four properly executed duplicate original individual
consents of each of the adjoining property owners.
(4)
Four duplicate original certifications of the Town
Clerk authenticating copies of consent to the Town Board and adjoining
owners.
(5)
Four duplicate original orders of the Town Superintendent
of Highways accepting dedication.
(6)
One properly executed original warranty deed conveying
metes and bounds survey description of the road from the grantor to
the Town of Rosendale.
(7)
One properly executed original State of New York Board
of Equalization and Assessment real property transfer report necessary
to file the deed.
(8)
One properly executed original real property transfer
gains tax affidavit and credit line mortgage certificate necessary
to file the deed.
(9)
Four properly executed survey maps depicting the road,
bearing certification of a New York licensed surveyor and certified
to the Town of Rosendale and an applicable New York State licensed
title company and their successors and assigns. These maps must be
duplicated originals, each bearing a raised seal and original signature
of the surveyor.
(10)
One original written approval of the Town of
Rosendale Superintendent of Highways. The applicant must meet all
requirements of the Town Superintendent of Highways and all applicable
Town, county and state requirements of road construction.
(11)
One original security bond and/or written proof
of the posting of a cash bond in an amount to be determined by the
Town of Rosendale or its duly approved administrator agency to insure
compliance with and fulfillment of the aforesaid requirements for
a period of one year following the date said conveyance is completely
accepted by the Town of Rosendale.
(12)
One properly executed original title insurance
policy naming the Town of Rosendale as insured and containing no exceptions
objectionable to the Town of Rosendale. Said insurance company must
be duly licensed to do business within the State of New York. The
applicant must also submit proof of payment of the fee policy in an
amount of coverage of at least $10,000 and all necessary filing fees
to record the deed, and all recording documents must be paid to the
Town at the time of submission. In the event that the deed has been
previously recorded, proof of the same, together with a certified
copy, must be submitted with this request for dedication.
C.
Taxes. All taxes which may be due or become liens
against the property to be dedicated during the tax assessment period
following the recording of the deed must be paid by the applicant
prior to the dedication.
D.
Review period. All of the foregoing documents must
be submitted to the Town Attorney with the understanding that a review
of the same will require at least 30 days, and the applicants must
provide written notice of their representative to whom notice of acceptance
or rejection may be given.
A.
When public utility facilities are to be installed,
the subdivider shall submit to the Planning Board written assurance
from each public utility company that such company will make the necessary
service installations within a reasonable time after the acceptance
of streets by the Town.
B.
The final plat shall show statements by the owner
granting the necessary easements or other releases for installation
of required public utilities.
