A.
Requirement. Unless a property is exempted by regulation
or specific resolution, before developing it, the applicant shall
apply for and secure Board approval for the corresponding plan, plat
or map, following the procedures of this chapter. This approval shall,
in most cases, include:
B.
Waiver. The Board may waive review whenever, in its
judgment, such waiver would not be in conflict with the purposes and
policies set forth herein.
C.
Special cases; informal discussion with the Board.
Any person may request an informal meeting with the Board by written
request, which shall contain a statement that no submission for approval
is being made. In such case, the time limitations contained herein
shall not apply. The Board may deny such request.
D.
Requirements of New York State Environmental Quality
Review Act.[1] Prior to formal application to the Planning Board, the
applicant shall submit to the Town Department of Engineering and Facilities
Management, acting as technical staff to the Planning Board, the information
required to meet the requirements of the New York State Environmental
Quality Review Act (SEQR). Notwithstanding the time limits set forth
herein, final plat approval shall not be granted until the SEQR process
has been completed. The Planning Board may hold a joint public hearing
on the subdivision and under the provisions of SEQR, whenever practicable.
In the event that a final SEQR determination has not been made, final
plat approval shall not be granted.
[Amended 12-13-2018 by L.L. No. 9-2018]
[1]
Editor's Note: See § 8-0101 et seq.
of the Environmental Conservation Law.
A.
The applicant shall submit a formal application with
all required maps to the Planning Department for review by the Board,
in two stages, preliminary and final, which may be combined by the
Board when deemed appropriate. Prior to formal acceptance of the application,
the staff shall determine that the application, including all exhibits,
is complete and in accordance with the information required in these
regulations. The Planning Board reserves the right not to accept or
review any incomplete submission. and the time limits contained herein
shall not apply until the submission has been deemed complete and
the Planning Board determines that the provisions of SEQR have been
met.
B.
Preliminary plat application requirements. The application
for preliminary plat approval shall:
(1)
Be made on forms available at the office of the Secretary
of the Planning Board.
(2)
Include all land which the applicant proposes to subdivide
and any contiguous holdings.
(3)
Be accompanied by a minimum of 18 copies for more,
as determined by the Secretary) of the preliminary plat with the information
required in these regulations and complying in all respects and provisions
with §§ 276 and 277 of the Town Law.
(4)
Be accompanied by a nonreturnable fee in accordance
with the fee schedule currently in effect at the time of application.
(5)
Offers of cession.
(a)
Be accompanied by all formal offers of cession
to the public of all streets, utilities, parks and easements, in a
form approved by the Town Attorney or, in the alternative, the subdivision
plat may be marked with a notation indicating said formal offers of
cession as follows:
|
"The owner, or his duly authorized representative,
hereby irrevocably offers for dedication to the Town of Clarkstown
all the streets, easements, parks and required utilities shown on
the subdivision plat and grading and construction plans.
|
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By
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|
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Owner or Representative
|
Date"
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(b)
The Planning Board may require, with regard
to parks, that the applicant deliver a deed to such park, in proper
form for recording, together with a title policy for the Town of Clarkstown,
at the time of final application.
C.
Provision for notification of surrounding owners.
The applicant shall supply:
(1)
A notarized affidavit listing names and addresses
of current owners of property abutting or across a street from the
property under review, as obtained from the current assessment roll
of the Town of Clarkstown.
D.
Required exhibits for preliminary Exhibits shall be prepared in accordance with Subsection H, signed and sealed by a licensed professional engineer or land surveyor holding an exemption pursuant to New York State Education Law § 7208n registered in the State of New York. Plans shall be drawn at a scale not less than one inch equals 50 feet, and map streets shall not be larger than twenty-four by thirty-six (24 x 36) inches.
E.
Policy on details required. Absence of specific items
of information shall not be cause to withhold reports or reviews unless
such missing items are essential for review and cannot reasonably
be secured from files or visits.
F.
Waiver of requirement. In making their reports, the
town's consultants may recommend waiving any requirements not strictly
needed for adequate review.
G.
Additional data and information Additional data may
be required by the Board or the town's consultants whenever essential
to properly review the application in relation to the health, safety
and welfare of the community.
H.
List of required exhibits
(1)
Summary of application The applicant shall submit
a brief written summary of his application, describing pertinent facts,
previous submissions to the Board, further anticipated actions and
any other pertinent information necessary for the Board to be aware
of the basic facts and circumstances of the application.
(2)
Location map. A location map, at a scale of one inch
equals 1,000 feet, shall be provided to show the position of the property
in relation to roads and other features up to approximately 5,000
feet away, with the following information shown on the location map.
(a)
Title, scale, North arrow and date, with the
property shown shaded or hatched in.
(b)
Streets and names (identify when county or state).
(c)
Major public facilities, such as schools, parks,
etc.
(d)
Streams and water bodies (secure official number
from the Department of Engineering and Facilities Management).
[Amended 12-13-2018 by L.L. No. 9-2018]
(e)
District boundaries; zoning (secure from the
office of the Building Inspector), school, fire and sewer district
boundaries (secure from the Department of Engineering and Facilities
Management).
[Amended 12-13-2018 by L.L. No. 9-2018]
(3)
Vicinity map. A vicinity map, at a scale of one inch
equals 200 feet, shall be provided to show the relation of the general
layout to the surrounding area and facilities, in particular any contiguous
land in the same ownership within a distance determined by the Department
of Engineering and Facilities Management and/or the Planning Department,
in order to gauge the broad impact of the development upon the community,
with the following information shown on the vicinity map:
[Amended 12-13-2018 by L.L. No. 9-2018]
(a)
Title, North arrow, scale, outline of the site
and tax block and lot numbers
(b)
Street pattern, with names and classifications
as on the Town and County Official Maps when other than the standard
fifty-foot right-of-way.
(c)
Lot pattern as on current Tax Maps (state the
revision date), tax lot numbers, names of owners and the use of each
property.
(d)
A superimposition of the proposed lot layout.
(e)
Existing drainage and sewer easements affected
or affecting the plat.
(4)
Preliminary subdivision plat.
(a)
The applicant shall provide a preliminary subdivision
plat at a scale of one inch equals 50 feet, with the following information:
[1]
Title and tax block and lot number.
[2]
The name and signature of the professional responsible
for the preparation of the plat.
[3]
Boundaries of the property to be developed,
based on a current field survey certified as accurate by a licensed
land surveyor.
[4]
North arrow and date.
[5]
Existing contour lines at two-foot intervals,
based on actual field topography or United States Geological Survey
data, unless waived or modified by the Department of Engineering and
Facilities Management.
[Amended 12-13-2018 by L.L. No. 9-2018]
[6]
Proposed contours at two-foot intervals to United
States Geological Survey data.
[7]
Existing public, mapped, private and undedicated
streets (so indicated), showing the center line of the right-of-way
for streets shown on the Town Official Map.
[8]
Designated street lines at the width shown on
the Town Official Map, with a notation providing for gratuitous dedication
of the widening strip to the appropriate agency (town, county or state).
[9]
The location of any feature shown on the Town
or County Official Map that may be capable of restricting development.
[10]
Lot lines as on Official Tax Maps of the town.
[11]
Property abutting across a street from the property
to be developed, with Tax Map numbers and names of owners of record.
[12]
Watercourses and ponds, and with any changes
proposed, rock areas of more than 50 square feet and wooded areas.
[13]
Single trees of over eight inches in diameter
measured at four feet above ground level.
[14]
Utility poles, fire hydrants, walls and any
other permanent man-made features.
[15]
Zoning, school, sewer and other district boundary
lines.
[16]
Bulk regulations and floor-area ratio, required
and proposed.
[17]
Ownership and physical features of adjoining
properties, at a minimum of 50 feet from the property line.
[18]
Existing land uses on the property.
[19]
Proposed land uses, including open space, recreation
or conservation areas or easements.
[20]
Existing structures, delineating their use,
accesses, driveways, parking lots and other facilities, indicating
those to remain and those to be removed.
[21]
The location and uses of proposed structures
(on grading plans).
[22]
Proposed means of ingress and egress between
the property, adjoining properties and related town, county or state
roads.
[23]
Proposed on-site circulation, location, grade
and width of proposed streets and driveways.
[24]
The proposed location and uses of any associated
facilities.
[25]
A preliminary stormwater drainage plan, tentative
locations of pipes, ditches or streams, unsized, and proposed silt-retention
and stormwater detention areas, where applicable.
[26]
Existing easements of record (access, drainage,
sewer, power, etc.) affecting development of the property.
[27]
Proposed perpetual easements needed for the
development and servicing of the property, with explanation where
appropriate.
[28]
The approximate location of underground utilities
to be installed.
[29]
Dates of each revision shall be noted on the
plat, and each individual revision shall be described and keyed to
its location on the plat.
[30]
The applicant shall provide a notarized affidavit
affirming that he is the owner or authorized representative.
I.
Fees. The Town Board, based on recommendation made by the Planning Board, shall, from time to time, by resolution, adopt a schedule of fees for applications for preliminary and final subdivision approvals, taking into consideration the criteria set forth in § 254-9B(4), the stage and complexity of the application and for all other matters relating to the processing of applications for subdivision preliminary and final approvals, including the renewal of lapsed applications and for attendance at meetings of the Technical Advisory Committee which is provided for by § 43-7 of the Clarkstown Town Code.
[Added 1-25-2005 by L.L. No. 2-2005]
A.
Authorization to call public hearing. Upon the receipt
of a complete formal application and all required material, the Secretary
of the Planning Board may be authorized to publish notice of a public
hearing for a scheduled meeting of the Planning Board to be held within
45 days after the date of application. Plats will be scheduled for
public hearing in order of the receipt of complete applications.
[Amended 9-11-1991 by L.L. No. 6-1991]
B.
Application pursuant to Town Law § 281.
(1)
When the use of Town Law § 281 is requested
by the applicant, such request shall be in writing and shall specify
how the requirements of said § 281 are met. The Board may
use its discretion in allowing such use, and its use is subject to
any conditions set by general or special resolution of the Town Board.
(2)
The Town Board may authorize the Planning Board to
require an applicant to submit an application for the use of Town
Law § 281. The Planning Board shall specify the purposes
to be served by such use.
(3)
All applications for the use of Town Law § 281
shall be accompanied by a standard subdivision layout showing all
lots conforming to the requirements of the Zoning Ordinance[1] and all other regulations specified herein and showing
a road pattern as required by the Board. The Planning Board shall
use this standard layout to determine the number of lots that may
be included in a layout using the provisions of Town Law § 281.
C.
Study and review of layout.
[Amended 9-11-1991 by L.L. No. 6-1991]
(1)
The Planning Board will study the preliminary plat,
taking into consideration the requirements of the Subdivision Regulations
and the best use of the land being subdivided. Particular attention
will be given to the arrangement, location and width of streets, their
relation to topography, sewage disposal, drainage, lot sizes and/or
arrangement, the future development of adjoining lands as yet unsubdivided
and the requirements of the Town Official Map and the Town Master
Plan.
(2)
The Planning Board may refer the preliminary plat
to the Town Department of Engineering and Facilities Management, Town
Superintendent of Highways, Soil Conservation Service, Rockland County
Highway Superintendent or other appropriate town, county or state
agency or official for advice and consideration by the Planning Board.
[Amended 12-13-2018 by L.L. No. 9-2018]
D.
Field trip; temporary staking. After the regular Planning
Board meeting at which the subdivision is first discussed, the Board
may schedule a field trip to the site of the proposed subdivision,
accompanied by the applicant or his representative. In order to facilitate
field inspection and review of the site of the proposed subdivision,
temporary staking or marking of approximately the center lines of
all proposed roads in the subdivision will be required prior to the
field trip.
E.
Public hearing and preliminary resolution. At the
public hearing, the Planning Board will give an opportunity to any
interested persons to examine or comment upon the plat and construction
or grading plans. The Planning Board shall, within 45 days of the
public hearing and consistent with the regulations of SEQR, approve
with or without modification or disapprove the preliminary plat, and
the grounds for modifications, if any or disapproval shall be stated
upon the records of the Planning Board pursuant to § 276
of the Town Law.
(1)
Such decision shall be made at a meeting of the Board
with a quorum present and not less than a majority of the total membership
voting aye to the resolution.
(2)
In the event that the Rockland County Planning Board
recommends against approval of the plat or recommends modification,
the Town Planning Board shall not act contrary to such disapproval
or recommendation of modification except by a vote of a majority plus
one of the total membership, and it must state its reasons for overriding
the Rockland County Planning Board in the approval resolution, pursuant
to § 239-n of the General Municipal Law.
(3)
The period in which the Board must take action may
be extended upon consent of the applicant.
(4)
The applicant shall comply with the requirements and
modifications, if any, contained in the preliminary resolution prior
to submitting an application for final plat approval.
(5)
The approval of a preliminary plat shall be effective
for a period of six months. The Planning Board may extend such approval
for an additional six-month period if requested. At the time of request
for such extension, the applicant shall submit six revised copies
of the preliminary plat showing any changes within or adjacent to
the plat and shall indicate whether there has been any final plat
approval affecting any part of the applicant's adjacent holdings.
If such request is not received prior to the expiration of the time
periods specified herein, the preliminary plat shall expire.
(6)
Release for early commencement of construction of
up to two model lots. After the public hearing for preliminary approval
has been held for subdivision or site plan approval, the Building
Inspector may be authorized, by resolution of the Board adopted after
preliminary approval as been granted, to issue building permits for
specified model lots. In such cases no occupancy or certificate of
occupancy shall be permitted until a final map has been duty filed.
Model homes shall only be built on lots with access to dedicated streets
and only with the concurrence of the Director of Engineering and Facilities
Management.
[Added 9-8-1987 by L.L. No. 9-1987;
amended 12-13-2018 by L.L. No.
9-2018]
A.
Application and hearing. A new application is not required after the applicant has fulfilled the preliminary resolution as required in § 254-10E.
B.
Fee adjustment shall be made in case of an approved
change in lot count or a change in the fee schedule prior to final
approval.
C.
The official application date at final is the date
of acceptance of the final document in the series of documents required
for final complete review as herein provided.
D.
The Board may hold a second public hearing within
45 days after final subdivision plat map delivery and make its official
resolution within 45 days after public hearing unless an extension
of time is granted. The Planning Board shall decide at the time of
acting on the preliminary plat whether a second public hearing will
be required.
[Amended 9-11-1991 by L.L. No. 6-1991]
(1)
Notice of the hearing shall be published at least
once in a newspaper of general circulation in the town at least five
days before such hearing.
(2)
If the Planning Board determines that a public hearing
on the final plat is not required, then final action by the Planning
Board shall be taken within 45 days of receipt of the final plat.
E.
Noncompliance with a resolution or regulations is
cause for disapproval of the application by the Board.
Exhibits for review at final must comply with
the same conditions and requirements as at preliminary unless modified
by resolution, except that the location and vicinity maps shall reflect
any changes since approval, and the final plat application shall include
the following general information to be added to the final subdivision
plat:
A.
Six sets of grading plans and three sets of construction
plans to the satisfaction of the Department of Engineering and Facilities
Management, accompanied by a sewer review fee, with the check to be
made out to the Town of Clarkstown.
[Amended 12-13-2018 by L.L. No. 9-2018]
B.
Three sets of erosion control plans to the Department
of Engineering and Facilities Management, accompanied by an erosion
control plan review fee as determined by the Department of Engineering
and Facilities Management and approved by the Planning Board.
[Amended 2-25-1997 by L.L. No. 4-1997; 12-13-2018 by L.L. No. 9-2018]
C.
Proof of the property's being within a water district
or of the applicant's having petitioned the Town Board for water district
extension or creation.
D.
Proper endorsement of the proposed subdivision plat
by the Rockland County Health Department, as required by the Rockland
County Sanitary Code, before being submitted to the Planning Board
for final approval. The plat should be in final form before submission
to the County Health Department for approval.
E.
Standard subdivision plat notes as on file in the
Board office.
