Town of Newburgh, NY Article III Submission of Subdivision Applications

§ 163-3 Procedure and documentation; compliance required.

A. Full compliance with the provisions of Article 16 of the Town Law, applicable provisions of the Public Health Law, and with the Subdivision Law concerning the preparation of a subdivider's sketch plan, preliminary plat, vicinity map and subdivision plat, except where variations of this chapter may be expressly authorized by the Planning Board, is necessary for the information of the Board and of the public at public hearing(s) as provided in this section. Due care in the preparation of the maps and other information called for will expedite the process of obtaining the Board's decision concerning the formal subdivision plat.

B. When any subdivision of land is proposed to be made and to avoid violation of § 334 of the Real Property Law and § 136 of the Highway Law, before any contract for the sale of land or any offer to sell such subdivision or any part thereof is made or any grading, clearing construction or other improvement is undertaken therein, the subdivider or subdivider's duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures.

§ 163-4 Initial contact.

A. The subdivider contacts the office of the Planning Board to discuss the proposed subdivision, location, applicable law and procedure. Based upon the discussion, the subdivider either files an application for a minor subdivision (see § 163-5) or an application for a major subdivision (see § 163-6). As an alternative, the subdivider may request to meet with the Planning Board to discuss the proposed subdivision before proceeding with a formal application.

B. Application for a further subdivision of any portion of a minor subdivision within a period of three years from the approval date of the original subdivision shall constitute application for a major subdivision, regardless of the prior ownership of any portion of the minor subdivision.

§ 163-5 Minor subdivision.

A. Application, fee and information. The subdivider shall submit an application for approval of a subdivision plat along with a SEQR short form EAF and appropriate fee. Notwithstanding the foregoing, for subdivision sites located within the Chadwick Lake Critical Environmental Area (CEA), a long form EAF shall always be submitted. Said application shall contain information described in Subsections B and C below.

B. Information on plat. In the case of minor subdivision only, the subdivision plat shall include the following information:

(1) The title block shall include the proposed subdivision name, the name of the town and county, the name and address of the record owner and subdivider, North point, map scale of no less than one inch equals 100 feet and the date of drawing and of the latest revision (if any).

(2) The location of existing and proposed structures, wells, septic systems and zoning district boundaries, if any, within 200 feet of the property proposed for subdivision.

(3) The location of intersection(s) of private roads and driveway(s) with a public road.

(4) Identification of the buildable area on each lot. (See Article IV, § 163-18A).

(5) An actual field survey of the boundary lines of the entire tract, giving complete descriptive data by bearings and distances, made, certified and sealed by a licensed land surveyor.

(6) All proposed on-site sanitation and water supply facilities, to be shown designed to meet the minimum specification of the Town Sewer Use Law[1] and State Department of Health, and a note to this effect shall be stated on the plat and signed by a licensed engineer. The location and results of the percolation test(s) and deep pit test(s) on which the septic system design(s) are based shall be indicated on the plat. (See Article IV, § 163-22.)

[1] Editor's Note: See Ch. 148, Sewers.

(7) A zoning table showing the current zoning requirements and proposed minimum requirements of lots and buildings.

(8) A map of the entire holding indicating the location of that portion which is to be subdivided in relation to the entire tract and the distance to the nearest existing street intersection.

(9) Topographic contours at intervals of not more than two feet based on United States Geological Survey (USGS) datum or as required by the Planning Board.

(10) The drawing sheet:

(a) The size shall be in conformance with requirements for filing in the Orange County Clerk's office.

(b) If more then one sheet is required, a clearly drawn cut line shall be shown on both sheets and on the key map.

(11) The name of the owner and of all adjoining property owners as disclosed by the most recent town tax records.

(12) The tax map section, block and lot numbers of all parcels set forth in Subsection B(11) above.

(13) All existing restrictions on the use of land, including easements and covenants.

(14) A location map at a scale of one inch equals 2,000 feet (1:24,000) to indicate the relationship of the proposed subdivision to significant existing community facilities which will serve or influence the layout, such as major traffic arteries, shopping areas, schools, parks, employment centers, churches, etc. It shall show the North point, scale and date.

(15) General site conditions: rock outcrops, isolated trees over 12 inches caliber measured at a point four feet above the base of the trunk and all specimen trees and other trees over 24 inches caliber, orchards, hedge rows and other ornamental landscaping, wooded areas, existing structures, stone walls, roads or lanes, power lines, easements and other existing improvements within the portion to be subdivided and within 200 feet thereof.

(16) The location of floodplains, federal wetlands, Department of Environmental Conservation (DEC) designated wetlands and buffers with boundaries certified to by the DEC, where applicable.

C. Accompanying information.

(1) A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.

(2) If the applicant/owner in Subsection B(11) above is a corporation or partnership, the name of the officers of the corporation, and, if a partnership, the name of the general partner(s) shall be provided.

D. Number of copies. Eight copies of the subdivision plat shall be presented to the Secretary of the Planning Board no later than 10 days prior to a scheduled monthly meeting of the Planning Board. Nothing herein, however, guarantees the applicant being on an agenda of a meeting to be held immediately subsequent to a submission.

E. Subdivider to attend Planning Board meeting. The subdivider or the subdivider's duly authorized representative shall attend the meeting of the Planning Board to discuss the subdivision plat.

F. When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular meeting of the Planning Board at which the complete application is to be considered, except where a later date is provided for by law, rule or regulation, in which case the later date shall apply. At least 10 days prior to such meeting, the subdivision plat must be filed with the Secretary to the Planning Board. The application for plat approval may be placed on the agenda for consultation and discussion at the sole discretion of the Planning Board Chairperson even if the application is incomplete. Within 10 business days following the applicant's first appearance before the Planning Board, the applicant shall forward a letter prepared by the Planning Board or an authorized agent of the Planning Board to all property owners within 500 feet of the land involved in the application, as the names of such owners appear on the last completed assessment roll of the Town, notifying the property owners of the receipt of the plat and application, by first-class mail. The list of property owners shall be obtained by the applicant from the Town's Assessor. The applicant shall thereafter submit a duly executed, notarized affidavit of mailing to the Planning Board. Further appearances before the Planning Board shall be prohibited until an affidavit meeting the requirements has been delivered. In the event a modification to an application proposes an increase in the number of lots or the relocation of a proposed road or drainage basin to a location adjacent to an adjoining property, then a supplementary letter shall be required to be forwarded, in the same manner, advising of the modification.

[Amended 4-1-2013 by L.L. No. 2-2013]

G. Endorsement of state, county and federal agencies. If the site borders a county or state road, copies of the submission shall be forwarded to the Orange County Department of Public Works and/or the Regional Office of the New York State Department of Transportation. If the site of a subdivision of 50 or more lots or an action within or contiguous to any critical environmental area or an action requiring the preparation of an agricultural impact statement lies within 500 feet of an existing or proposed county or state road, drainage easement, institution or park or within 500 feet of a municipal boundary, a copy of the submission shall be forwarded to the Orange County Department of Planning. These submissions shall be made by the Planning Board Secretary to these agencies. If the property lies within or adjacent to the Hudson River, federal wetlands or the Stewart Airport Overlay Zone, as described on the current zoning map, the appropriate federal agencies shall be notified by the applicant.

H. Preliminary plat public hearing; approval of preliminary plat; revocation of approval.

(1) Submission of preliminary plats. All plats shall be submitted to the Planning Board for approval in final form; provided, however, that where the Planning Board has been authorized to approve preliminary plats, the owner may submit or the Planning Board may require that the owner submit a preliminary plat for consideration. Such a preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in this chapter.

(2) Coordination with the State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

(3) Receipt of a complete preliminary plat. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.

(4) Planning Board as lead agency under the State Environmental Quality Review Act; public hearing; notice; decision.

(a) Public hearing on preliminary plats. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:

[1] If such Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall be held within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board; or

[2] If such Board determines that an environmental impact statement is required and a public hearing on the draft environmental impact statement is held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion.

(b) Public hearing; notice; length. The hearing on the preliminary plat shall be advertised at least once in the official newspaper of the Town, or if none, a newspaper of general circulation in the Town, at least five days before such hearing, if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. In addition to publication, the notice shall be subject to the same mailing and posting requirements established for hearings by the Zoning Board of Appeals in § 185-55 of Chapter 185. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened. The requirements herein for mailing and posting of the notice of public hearing are intended to and shall, pursuant to Section 10 of the New York Municipal Home Rule Law, amend Section 276 of the New York State Town Law as it relates to notices of public hearings.

[Amended 4-1-2013 by L.L. No. 2-2013]

(c) Decision. The Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:

[1] If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, such Board shall make its decision within 62 days after the close of the public hearing; or

[2] If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act; if no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the preliminary plat. Within 30 days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary plat.

(d) Grounds of decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form.

(5) Planning Board not as lead agency under the State Environmental Quality Review Act; public hearing; decision.

(a) Public hearing on preliminary plats. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board.

(b) Public hearing; notice; length. The hearing on the preliminary plat shall be advertised at least once in the official newspaper of the Town, or if none, a newspaper of general circulation in the Town, at least five days before such hearing, if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. In addition to publication, the notice shall be subject to the same mailing and posting requirements established for hearings by the Zoning Board of Appeals in § 185-55 of Chapter 185. The list of property owners shall be obtained by the applicant from the Town's Assessor. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened. The requirements herein for mailing and posting of the notice of public hearing are intended to and shall, pursuant to Section 10 of the New York Municipal Home Rule Law, amend Section 276 of the New York State Town Law as it relates to notices of public hearings.

[Amended 4-1-2013 by L.L. No. 2-2013]

(c) Decision. The Planning Board shall by resolution approve, with or without modification, or disapprove the preliminary plat within 62 days after the close of the public hearing on such preliminary plat.

(d) Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form.

(6) Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Clerk of the Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.

(7) Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution approving the preliminary plat, the Chairperson or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.

(8) Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat, the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.

I. Performance security. In the event that the minor subdivision plat contains any proposed public improvements, including but not limited to water mains and fire hydrants or sewer mains, a performance security in conformance with the requirements of § 163-9B, in an amount designated by the Town Engineer or other appropriate official, shall be submitted prior to the signing of the plat by the duly authorized person. The requirement may be waived where the improvements, in the opinion of the Planning Board, are minimal.

§ 163-6 Sketch plan for major subdivision.

A. Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board, no later than 21 days prior to a regular monthly meeting of the Board, 15 copies of a sketch plan for the proposed subdivision, which shall comply with the following requirements for the purposes of classification and preliminary discussion. This procedure is not required for a minor subdivision.

B. Information on sketch plan. The sketch plan initially submitted to the Planning Board shall be based on an accurate base map at a scale (preferably not less than 200 feet to the inch) to enable the entire tract to be shown on one sheet. The sketch, prepared by a licensed design professional for subdivisions, shall indicate the following:

(1) All the utilities available and all streets which are either proposed, mapped or built.

(2) The proposed pattern of lots (including lot width and depth), street layout, recreation areas, systems of drainage, sewerage and water supply, not only within the subdivided area, but with reference to surrounding properties and street patterns.

(3) Existing drainage features (e.g., culverts, marshes, ponds and streams) within the portion of the property to be subdivided and within 200 feet thereof.

(4) The acreage of each land use and the proposed density.

(5) The location of poorly drained soils based upon the Soils Survey of Orange County and soils groups as prepared by the United States Department of Agriculture's Soil Conservation Service.

(6) A full environmental assessment form as required under SEQR for the anticipated action may be submitted at this time.

(7) All requirements for a minor subdivision plat (see § 163-5B and C) except § 163-5B(5), (6) and (10).

C. Waivers. Where strict application of the provisions of Article III, § 163-6B, would be undesirable, unreasonable or in conflict with the subdivision policy, the Planning Board may, by resolution, waive part or all of such preapplication requirements. This waiver shall not apply to succeeding submissions unless so stated by the Board.

D. Discussion of requirements and SEQR classification.

(1) The subdivider or subdivider's duly authorized representative shall attend the next meeting of the Planning Board to discuss the requirements of this chapter for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information. Requests for classification and lead agency intent under SEQRA may be made at this time.

(2) The Planning Board may require a deed restriction limiting the resubdivision of any parcel of land large enough to be legally subdivided or resubdivided under the provisions of the Zoning Law limited to the following purpose:

(a) No more than a total of 49 lots may be created either simultaneously or sequentially from a parent parcel for which neither central sewer nor water services exist, subject only to the waiver of the Commissioner of Environmental Conservation, State of New York, if warranted by soils characteristics. Should more than that total number of lots at any time be applied for, the applicant will have to include a plan for providing central sewer and water services to the previously subdivided lots at no additional costs to their present owners as part of the present application for subdivision.

E. Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of this chapter and shall inform the applicant of such determination within 45 days of the regular meeting at which the complete application was first discussed.

§ 163-7 Preliminary plat for major subdivision.

A. Application and fee. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law, except where a waiver may be specifically authorized by the Planning Board.

B. Information on plat. The preliminary plat prepared by a licensed design professional as required by law shall include the following information:

(1) The same information as for a minor subdivision.

(2) Offers of dedication, statements establishing easements and similar statements should be indicated on the drawing.

(3) Boundaries of districts such as water, sewer, fire, school, lighting, etc., and any other special district.

(4) Topographic contours at two-foot intervals referenced to the United States Coast and Geodetic Survey data of mean sea level.

(a) Smaller intervals may be required by the Planning Board when advisable due to the terrain.

(b) Topographic and planimetric information shall extend 100 feet (or as necessary) beyond the subdivision boundary line.

(c) Proposed finished grades shall be indicated.

(5) Total acreage for the entire tract and for each zoning district within the tract.

(6) The total number of proposed lots.

(7) A graphic scale of no less than 100 feet equals one inch, but preferably not less than 50 feet to the inch.

(8) Certification by the licensed land surveyor that the boundaries, easements, encroachments, rights-of-way and topography shown resulted from an actual land survey and/or aerial survey developed through the process of photogrammetry and the date of that survey.

(9) Adjacent properties within 200 feet of the site which are displayed on the latest tax map sheet(s) shall be identified by the names of the owners of record, together with section, block and lot numbers.

(10) Existing site conditions:

(a) An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by substantial markers of such size and type as approved by the Town Engineer and shall be referenced and shown on the plat.

(b) Street rights-of-way and widening of rights-of-way on the subdivision and within 200 feet of its boundaries, including name, location, width, center-line elevations at intersections and other critical points.

(c) Other rights-of-way and easements on the subdivision, including identification, location, width and restrictions on use, if any.

(d) Drainage structures on the subdivision and within 200 feet of its boundaries, including the type of structure, location, invert elevations, gradients, types and sizes of all pipe and of all other structures, where applicable, and direction of flow.

(e) The location and size of all other utility structures, such as water and gas mains, telephone, cable television and power lines on the subdivision and within 200 feet of its boundaries.

(f) Marshes, ponds, streams and land subject to periodic or occasional flooding or similar unstable conditions on the subdivision and within 200 feet of its boundaries.

[1] The location and area covered indicating apparent high water level.

[2] The waterline on the date of survey and the survey date.

[3] The maximum depth of water at critical points.

(g) Subsurface data in accordance with the Orange County Department of Health requirements.

[1] The date, location and graphic representation of findings for all test holes, including location and results of percolation and other tests to ascertain subsurface soil, rock and groundwater conditions and depth of groundwater unless pits are dry at a depth of five feet.

[2] Locations shall be indicated where critical conditions exist, as well as areas where drainage structures requiring seepage are to be constructed.

(h) Town or other public lands, lands designated as parks, open spaces or for other public use.

(i) Buildings and other structures located on and within 200 feet of the site.

(j) The location of rock outcrops, wooded areas, isolated trees with a diameter of 12 inches or more as measured four feet above the base of the trunk, orchards, hedges and other ornamental landscaping, stone walls, roads or lanes, power lines, easements and other significant existing features within the portion to be subdivided and within 200 feet thereof.

(11) Proposed site development (see Article IV, General Requirements and Design Standards).

(a) Streets.

[1] The name (to be checked prior to submission with the Town Clerk to avoid duplication and to secure approval of the Town Board).

[2] The width and location of any streets or public ways or places shown on the Official Map or the Master Plan, if such exists, within the area to be subdivided, together with street profiles of all streets or public ways proposed by the developer. Streets on which the subdivision fronts shall be shown for their full width for a distance of 200 feet beyond the subdivision site.

[3] Right-of-way width.

[4] Tentative center-line elevations at intersections and at principal changes in gradient.

[5] The tentative center-line gradient shown in percent of slope.

[6] Plans and cross sections showing the proposed location and type of sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains and the size and type thereof, the character, width and depth of pavements and subbase and the location of manholes, basins and underground conduits.

[7] Preliminary designs of any bridges which may be required.

(b) Lot layout.

[1] Lot lines and dimensions scaled to the nearest foot.

[2] Building setback lines (dashed) and the suggested location of buildings shown on each lot.

[3] Identification of the buildable area on each lot (see Article IV, § 163-18A.).

(c) Easements, parks, restricted areas and other improvements.

[1] The purpose and restrictions.

[2] The designation of areas or rights-of-way which are to be offered for public dedication or deeded to a homeowners' association or other private corporation. Where uses are proposed, a clear indication of proposed changes in grades and landscaping shall be provided thereon. The Board may require specific recreation improvements and planting of trees, shrubs, grass and other landscaping in all areas to be so dedicated.

(d) Preliminary stormwater drainage system plan.

[1] Drainage structures shall be shown on the preliminary layout indicating the approximate location and size of proposed lines and culverts and their profiles, connection to existing lines or alternate means of disposal.

[2] Outline of watersheds tributary to drainage structures and their approximate area in acres, including those which extend beyond the boundaries of the subdivision, shall be shown with red pencil on only two copies of the preliminary layout.

[3] Drainage study documentation shall be provided.

(e) Preliminary water supply and sewage treatment systems. The approximate location, size and profiles of all proposed waterlines, valves, hydrants and sewer lines shall be shown, as well as connections to existing lines or alternate means of water supply or sewage disposal and treatment as provided in the Public Health Law.

(f) Easements. Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements for uses located on, over or under private property, which permanent easements shall not be less than 20 feet in width and which shall provide satisfactory access to an existing public highway or other public highway or public open space shown on the subdivision or the Official Map.

C. Purpose.

(1) The preliminary layout and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board, and, later, one copy shall become the official record of the Town Clerk. They shall show the general design of the subdivision and its public improvements so that the Planning Board can indicate its approval or disapproval of the subdivision prior to the time that the final plat, including the design and detailing of the public improvements and utilities, is completed. Approval of the preliminary layout does not constitute an approval of the final plat, nor should it be considered a valid basis for the construction of site improvements or for other commitments which depend upon its design characteristics.

(2) When revision of the proposed subdivision is required, the preliminary layout shall be revised accordingly so that the files of the Planning Board and other town officials will be current.

(3) The preliminary layout shall serve as a key map to subdivisions subsequently laid out in sections on final plats. Any plan proposed to be phased or developed in sections shall be filed with the Town Clerk as well as the Secretary to the Planning Board.

D. Number of copies and when officially submitted. The application for approval of the preliminary plat, complete with 15 copies of the preliminary plat and accompanied by the required fee and all data required by this chapter, shall be filed with the Secretary of the Planning Board at least 21 days prior to a regular monthly meeting of the Planning Board. A proposed submission which does not include all the required drawings and documents will be deemed incomplete and not be accepted for filing either when submitted or at the following Planning Board meeting. Within 10 business days following the applicant's first appearance before the Planning Board, the applicant shall forward a letter prepared by the Planning Board or an authorized agent of the Planning Board to all property owners within 500 feet of the land involved in the application, as the names of such owners appear on the last completed assessment roll of the Town, notifying the property owners of the receipt of the plat and application, by first-class mail. The list of property owners shall be obtained by the applicant from the Town's Assessor. The applicant shall thereafter submit a duly executed, notarized affidavit of mailing to the Planning Board. Further appearances before the Planning Board shall be prohibited until an affidavit meeting the requirements has been delivered. In the event a modification to an application proposes an increase in the number of lots or the relocation of a proposed road or drainage basin to a location adjacent to an adjoining property, then a supplementary letter shall be required to be forwarded in the same manner advising of the modification.

[Amended 4-1-2013 by L.L. No. 2-2013]

E. Subdivider to attend Planning Board meeting. The subdivider or the subdivider's duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.

F. Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Master Plan, the Official Map and the Zoning Law,[1] if such exist.

[1] Editor's Note: See Ch. 185, Zoning.

G. Endorsement of state, county and federal agencies. If the site borders a county or state road, copies of the preliminary submission shall be forwarded to the Orange County Department of Public Works and/or the Regional Office of the New York State Department of Transportation. If the site of a subdivision of 50 or more lots or an action within or contiguous to any critical environmental area or an action requiring the preparation of an agricultural impact statement lies within 500 feet of an existing or a proposed county or state road, drainage easement, institution or park or within 500 feet of a municipal boundary, a copy of the preliminary submission shall be forwarded to the Orange County Department of Planning so that their comments may be returned and entered into the minutes of the public hearing. These submissions shall be made by the Planning Board Secretary to these agencies. The submissions may be made by the applicant, provided that they have first obtained a signed cover letter from the Planning Board Chairperson. If the property lies within or adjacent to the Hudson River, federal wetlands or the Stewart Airport Overlay Zone, as described on the current zoning map, the appropriate federal agencies shall be notified by the applicant.

H. Referral. If the preliminary plat for subdivision of land occurs within 500 feet of the town boundary, a copy of the preliminary plat shall be sent by the Planning Board Secretary to the appropriate municipal official of the adjoining community for such official to indicate whether the proposed subdivision is in reasonable harmony with their master plan and/or zoning regulation.

I. Entire holdings. If the application covers only a part of the subdivider's entire holding, a map of the entire tract, drawn conceptually at a scale of not less than 400 feet to the inch, showing an outline of the platted area with its proposed streets and indication of the probable future street system with its grades and drainage areas in the remaining portion of the tract and the probable future general drainage layout of the entire tract shall be submitted. The part of the subdivider's entire holding submitted shall be considered in the light of the development potential of the entire holdings.

J. Covenants and deed restrictions. A copy of such covenants or deed restrictions as are intended to cover all or part of the tract shall be submitted. Such restrictions shall be noted on the final subdivision plan.

K. Temporary markers. The Planning Board may require the location of temporary markers adequate to enable members of the Planning Board to locate readily and appraise the basic layout in the field; these may include markers at corners of the site. Unless the subdivision is adjacent to an existing street intersection, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown.

L. Public hearings on the preliminary plat shall be conducted in the same manner as specified in § 163-5 above.

[Added 4-1-2013 by L.L. No. 2-2013]

§ 163-8 Final plat for major subdivision.

A. Filing for approval and fee. The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board for approval of the subdivision plat in final form. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to accept the final plat unless it was granted a six-month extension. If the preliminary plat is deemed to be null and void, a new preliminary plat will be submitted. Fees may be waived for a resubmission.

B. Purpose. The final plat and supporting drawings and documents for a proposed subdivision constitute the complete development of the subdivision proposal and include the recommendations resulting from the Planning Board review of the preliminary layout as well as the detailed layout drawings for the public improvements and utilities. After public hearing and approval by the Planning Board, this complete submission, along with the performance security, as approved by the Town Board, becomes the basis for the construction of the subdivision and the inspection services by the Planning Board and by the Town Engineer or other delegated town officer.

C. Documents to be submitted. The plat to be filed with the County Clerk shall be in conformance with the requirements of the County Clerk as of the date of filing with said Clerk. The plat shall be drawn at a scale of no more than 100 feet to the inch and oriented with the North point generally toward the top of the map. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire subdivision with lot and block numbers clearly legible. Space shall be reserved for the stamp of the Planning Board with a box 2 by 3 1/4 inches.

(1) The final plat shall be prepared by a licensed design professional in accordance with local and state laws and shall provide information noted in this section and in Article III, §§ 163-5 and 163-7.

(2) A lot map of the entire subdivision shall be the same as that required on the preliminary plat with the following additions:

(a) Lot layout:

[1] Number identification with a suitable system of circled consecutive numbers.

[2] Lot lines with accurate bearings and distances shall be shown.

[3] Building setback lines with dimensions, grades and location of all proposed buildings conforming to the buildable area (see Article IV, § 163-18A) may be required for lots with problematical topography or groundwater conditions.

[4] Lot areas for each lot measured accurately to the nearest square foot.

(b) Special parcels:

[1] Description of proposed action and use, including a note where an offer of dedication is being made. For any land which is reserved by the developer or to a homeowners' association, there shall be submitted with the subdivision plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefor.

[2] Boundary lines with accurate dimensions shall be shown.

[3] Lot areas for each lot measured accurately to the nearest square foot.

(3) Survey data.

(a) Accurate subdivision perimeter boundary with bearings and distances.

(b) Town, city, county, school and special district boundaries referenced to the subdivision survey which are within reasonable distance of the property.

(c) The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings for each street.

(d) Accurate dimensions to the nearest hundredth of a foot.

(e) Monuments:

[1] The proposed location of all monuments shall be shown.

[2] Existing monuments shall be shown by symbol and described as to type.

[3] Proposed new monuments or monuments to be reset shall be shown by a different symbol.

[4] Monuments of a type approved by the Town Engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Town Engineer. [Monuments shall be located at the beginning and end of each curve along one side of the street right-of-way.]

D. Public improvement plan and profiles/in accordance with Article IV.

(1) The performance security shall be based on this drawing, the final plat itself, this Subdivision Law and the town specifications for such public improvements and utilities.

(2) Unless a specific waiver is requested, in writing, the proposed public improvements and utilities shall be considered to comply specifically with this Subdivision Law and the town specifications for such public improvements and utilities.

(3) Basic drawing layout requirements are the same as those required for the preliminary plat and shall also include rights-of-way, gradients and directional arrows downhill.

(4) Designs for waterlines, sewers, streets, bridges and drainage structures shall be prepared by a professional engineer licensed to practice in the State of New York.

(5) Drainage system requirements. A complete drainage system for the entire subdivision, with appropriate development stages for each of the final plat sections, shall be shown graphically with all existing drainage features.

(6) Utility systems requirements:

(a) All water supply and sewer information as required and/or approved by all regulatory agencies including the Town of Newburgh and its Water and Sewer Law.

(b) The location of electric, telephone, television cable and gaslines.

(c) The location and description of outdoor streetlighting, if required.

(7) Road drawing requirements:

(a) All road drawings shall be prepared with the following scales:

[1] Horizontal scale: one inch equals 50 feet.

[2] Vertical scale: one inch equals 10 feet (or other scale requested by the Board).

(b) All drawings shall show profiles of the existing natural grades, the typical cross section of existing or proposed roads, the center lines of intersecting roads and a system of survey stations.

(c) The center line profile of the proposed roads with dimensions on vertical curves and a notation as to gradient and critical elevations.

(d) Detailed plans for bridges, culverts or similar structures.

(e) The invert profile and location of all storm and sanitary drainage structures (manholes, catch basins, etc.) in both street rights-of-way and drainage easements.

(8) Recreation and community improvements.

(a) A landscape plan prepared by a licensed professional landscape architect and/or architect indicating proposed changes in existing grades and landscaping, including the following items: play areas, walkways, incidental shelters, walls, new trees and shrubs (location and botanical name), tennis courts, decorative pools and all similar improvements.

(b) A clubhouse, swimming or wading pool and other major improvements: plans and elevations or prospective rendering by a licensed design professional.

E. Certifications. The following shall be required:

(1) An affidavit showing that the applicant is the owner or contract vendee of the land being subdivided.

(2) Written offers of dedication to the town of all public easements, utilities, streets, rights-of-way and open spaces shown on the plat and copies of agreements or other documents showing the manner in which spaces, title of which is reserved by the subdivider, are to be maintained. All offers of dedication and covenants governing the maintenance of unneeded open space shall be approved by the Town Attorney as to their form and legal sufficiency.

(3) A certificate by the developer's engineer certifying that the subdivider has complied with one or both of the following alternatives:

(a) All or part of the improvements have been installed in accord with the requirements of this chapter and with the action of the Planning Board granting approval of the preliminary plat; or

(b) Performance security has been posted, available to the town in sufficient amount to assure completion of all required improvements.

(4) Protective covenants in form for recording.

(5) Certificates, affidavits, endorsements or other data as may be required by the Planning Board in the enforcement of this chapter.

F. Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Secretary of the Planning Board with 15 copies of the plat, the original and one true copy of all offers of dedication, covenants and agreements, letters from appropriate agencies, utilities and boards having jurisdiction and three prints of all construction drawings.

G. When officially submitted. The time of submission of the final subdivision plat for approval shall be considered to be the date of the first regular meeting of the Planning Board after the final plat and all required documents and fees have been submitted. At least 10 days prior to such meeting, the subdivision plat must be filed with the Secretary of the Planning Board. The application for plat approval must be deemed complete and accompanied by the required fee at the time of the meeting. Other matters may be placed on the agenda for consultation and discussion at the sole discretion of the Planning Board Chairperson even if the application is incomplete.

H. Endorsement of state, county and federal agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Orange County Department of Health and/or the Department of Environmental Conservation. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary town, county, state and federal agencies. Endorsement and approval by the Orange County Department of Health shall be secured by the subdivider before official submission of the subdivision plat. Copies of permits signed by a responsible official of the State Department of Transportation or the Orange County Commissioner of Public Works, approving proposed construction and/or discharge of traffic onto state or county rights-of-way, shall be submitted. Copies of permits signed by a responsible official of the State Department of Environmental Conservation shall be submitted when the development falls within the scope of that agency's jurisdiction. Comments from any agencies required to be notified of this subdivision in accordance with § 163-7G above shall be submitted with the final plat.

I. Performance security estimate. The applicant's engineer shall prepare three copies of a performance security estimate, in a format acceptable to the Town Engineer, to be submitted along with the recommendations on the final plat.

J. Public hearing; action on proposed final subdivision plat.

(1) Review procedure.

(a) Submission of final plats. Final plats shall conform to the definition provided by this chapter. Final plats may require further review under the State Environmental Quality Review Act.

(b) Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this section, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Clerk of the Planning Board.

(c) Final plats when no preliminary plat is required to be submitted; receipt of complete final plat. When no preliminary plat is required to be submitted, a final plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of such plat shall begin upon filing of such negative declaration or such notice of completion.

(d) Final plats not in substantial agreement with approved preliminary plats or when no preliminary plat is required to be submitted. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section or when no preliminary plat is required to be submitted and a final plat clearly marked "final plat" is submitted conforming to the definition provided by this section, the following shall apply:

[1] Planning Board as lead agency; public hearing; notice; decision.

[a] Public hearing on final plats. The time within which the Planning Board shall hold a public hearing on such final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:

[i] If such Board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat or on a final plat when no preliminary plat is required to be submitted shall be held within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board; or

[ii] If such Board determines that an environmental impact statement is required and a public hearing on the draft environmental impact statement is held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days following filing of the notice of completion.

(2) Public hearing; notice; length. The hearing on the final plat shall be advertised at least once in the official newspaper of the Town, or if none, a newspaper of general circulation in the Town, at least five days before such hearing, if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. In addition to publication, the notice shall be subject to the same mailing and posting requirements established for hearings by the Zoning Board of Appeals in § 185-55 of Chapter 185. The list of property owners shall be obtained by the applicant from the Town's Assessor. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened. The requirements herein for mailing and posting of the notice of public hearing are intended to and shall, pursuant to Section 10 of the New York Municipal Home Rule Law, amend Section 276 of the New York State Town Law as it relates to notices of public hearings.

[Amended 4-1-2013 by L.L. No. 2-2013]

(3) Decision. The Planning Board shall make its decision on the final plat as follows:

(a) If such Board determines that the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days after the date of the public hearing; or

(b) If such Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on such final environmental impact statement and shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat.

(4) Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

(a) Planning Board not as lead agency; public hearing; notice; decision.

[1] Public hearing. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the final plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, the Planning Board shall hold the public hearing on the final plat within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board.

[2] Public hearing; notice; length. The hearing on the final plat shall be advertised at least once in the official newspaper of the Town, or if none, a newspaper of general circulation in the Town, at least five days before such hearing, if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. In addition to publication, the notice shall be subject to the same mailing and posting requirements established for hearings by the Zoning Board of Appeals in § 185-55 of Chapter 185. The list of property owners shall be obtained by the applicant from the Town's Assessor. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened. The requirements herein for mailing and posting of the notice of public hearing are intended to and shall, pursuant to Section 10 of the New York Municipal Home Rule Law, amend Section 276 of the New York State Town Law as it relates to notices of public hearings.

[Amended 4-1-2013 by L.L. No. 2-2013]

[3] Decision. The Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days after the close of the public hearing on such final plat. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

(5) Approval and certification of final plats.

(a) Certification of plat. Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the Clerk of the Planning Board as having been granted conditional or final approval, and a copy of such resolution and plat shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board, and a copy of such signed plat shall be filed in the office of the Clerk of the Planning Board or filed with the Town Clerk as determined by the Town Board.

(b) Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may in its resolution granting conditional or final approval state that such requirements as it deems necessary to ensure the orderly development of the plat be completed before said sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.

(c) Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend by not more than two additional periods of 90 days each the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.

(6) Default approval of preliminary or final plat. The time periods prescribed herein within which a Planning Board must take action on a preliminary plat or final plat are specifically intended to provide the Planning Board and the public adequate time for review and to minimize delays in the processing of subdivision applications. Such periods may be extended only by mutual consent of the owner and the Planning Board. In the event that a Planning Board fails to take action on a preliminary plat or a final plat within the time prescribed therefor or within such extended period as may have been established by the mutual consent of the owner and the Planning Board, such preliminary or final plat shall be deemed granted approval. The certificate of the Town Clerk as to the date of submission of the preliminary or final plat and the failure of the Planning Board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.

(7) Filing of decision on final plat. Within five business days from the date of the adoption of the resolution approving the final plat, the Chairperson or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.

(8) Notice to county planning agency. When a county planning agency has been authorized to review subdivision plats pursuant to § 239-n of the General Municipal Law, the Clerk of the Planning Board shall refer all applicable preliminary and final plats to such county planning agency as provided in that section.

(9) If the plat is approved, the subdivider shall carry out the following steps prior to obtaining the Chairperson's signature of approval:

(a) Make all required corrections or changes to the satisfaction of the Planning Board.

(b) Obtain a performance security in the amount of the security estimate and submit it to the Town Attorney for approval as to form; see Article III, § 163-9B, Performance security. The performance security will be required to be kept in place for a three-year period or up to three years unless improvements are completed in accordance with town requirements and security is reduced or terminated by Town Board action.

(c) Prepare prints of the corrected final plat drawings and submit the following:

[1] The original drawings for signature and return and two copies of the final plat on Mylar for signature and return for filing purposes.

[2] One Mylar print of the final plat and the corrected public improvements and utilities plan and profiles.

[3] Eight paper prints of the final plat and four paper prints of the corrected public improvement and utilities plan and profiles.

(d) Pay all required fees to the appropriate town agency(s) in accordance with the town fee schedule (Chapter 104 of the Town Code).

(e) Provide evidence that all current property taxes have been paid.

K. Final approval and filing.

(1) Upon completion of the previous requirements and notation to that effect upon the subdivision plat and upon the approved public improvement and utility plan and profiles, the plat shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairperson or Acting Chairperson) upon receipt of notification that the required security has had the approval of the Town Attorney and that the required inspection fee has been paid. It may then be filed by the applicant in the office of the Orange County Clerk.

(2) No plat of a subdivision of land showing lots, blocks or sites, with or without streets or highways, shall be filed or recorded in the office of the Orange County Clerk until it has been approved by the Planning Board and such approval has been endorsed, in writing, on the plat in such manner as the Planning Board may designate. Ten copies shall be submitted for signature in addition to any copies the applicant may require for his own use. The 10 copies shall consist of two Mylars and at least eight paper prints.

(3) Distribution. After the Planning Board Chairperson signs the plans indicating approval, the documents shall be distributed by the subdivider and/or Planning Board to the appropriate agencies.

L. Expiration of approval. The signature of the duly authorized officer of the Planning Board constituting final approval by the Planning Board of a plat as herein provided; or the approval by such Board of the development of a plat or plats already filed in the office of the County Clerk or Registrar of the county in which such plat or plats are located if such plats are entirely or partially undeveloped; or the certificate of the Town Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided shall expire within 62 days from the date of such approval or from the date such certificate is issued unless within such sixty-two-day period such plat or a section thereof shall have been duly filed or recorded by the owner in the office of the County Clerk or Registrar. In the event that the owner shall file only a section of such approved plat in the office of the County Clerk or Registrar, the entire approval plat shall be filed within 30 days of the filing of such section with the Town Clerk in each town in which any portion of the land described in the plat is situated. Such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Subdivision 2 of § 265-a of the Town Law.

M. Subdivision abandonment. The owner of an approved subdivision may abandon such subdivision pursuant to the provisions of § 560 of the Real Property Tax Law.

N. Compliance with State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.

O. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed, in writing, on the plat, unless said plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the plat stricken from the records of the Orange County Clerk.

§ 163-9 Required public improvements (major subdivisions); bonding, supervision and inspection.

A. Improvements. Improvements as listed below will be required.

(1) Paved streets.

(2) Sanitary sewage disposal.

(3) Storm drainage system and gutters.

(4) Street signs.

(5) Curbs.

(6) Sidewalks.

(7) Water mains and fire hydrants.

(8) Streetlighting (Town Board comment required).

(9) Street trees.

(10) Treatment of planting strips with lawn grass.

B. Performance security.

(1) A performance security shall be delivered to the town to guarantee to the town that the subdivider will faithfully cause to be constructed and completed within a reasonable term the required public improvements and convey the required lands and improvements to the town free and clear of encumbrances.

(2) Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in Subsection B(2)(a):

(a) In an amount set by the Town Board, the subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements or the subdivider shall file with the Town Clerk adequate and acceptable security issued by a bank or surety company approved by the Town Board to cover the full cost of the required improvements, or any combination thereof. Any such security shall comply with the requirements of § 277 of the Town Law and, further, shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. A period of three years shall be set forth in the document of surety within which required improvements must be completed. However, the term of such performance security may be required to be extended and the amount of the security increased by the Town Board if improvements are not completed within the original term of the security.

(b) The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer. For the Town Engineer's, approval an as-built or record drawing must be prepared and submitted by the supervising registered professional engineer and found to be satisfactory by the Town Engineer and must indicate the location of monuments and all underground utilities as actually installed. If the subdivider elects to provide a security or certified check for all required improvements as specified in Subsection B(2)(a) above, such security shall not be released until such an as-built map is submitted and reviewed. The Town Board shall release the performance security upon certification of the Town Engineer and Town Attorney that all requirements of the security have been satisfied and an acceptable maintenance security is in place.

(c) The subdivider shall complete all required improvements or post the required performance security, either or both to the satisfaction of the Town Board, before the subdivision plat shall be signed by the Planning Board Chairperson.

(d) If the Town Board shall decide at any time during the term of the performance security that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance security or that required improvements have been installed as required in this section and by the Planning Board in sufficient amount to warrant reduction in the face amount of said security or that the character and extent of such development required additional improvements previously waived for a period stated at the time of fixing the original terms of such security, the Planning Board may modify its requirements for any or all such improvements, and the face value of such performance security shall, upon approval by the Town Board, thereupon be reduced or increased 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 may be reduced or increased proportionately upon approval by the Town Board.

C. Maintenance security.

(1) The subdivider shall file with the Town Board a maintenance security in an amount based on a maximum of 10% of the performance security estimate or improvement costs which shall be adequate to assure the satisfactory condition of the initial public improvements for a period of one year following their acceptance by the Town Board. Such security shall be satisfactory to the Town Attorney as to form, manner of execution and surety.

(2) Prior to acceptance by the Town Board of the dedication of the street as guaranteed by Subsection B(1) above, the developer shall deposit with the Town Clerk a maintenance bond of acceptable surety or shall deposit with the chief fiscal officer of the town acceptable negotiable government bonds, cash or certified check drawn upon a national or state bank, payable at sight to the Town Board, guaranteeing that for a period of one year from the date of acceptance of the dedication of the street by the Town Board, the developer will maintain the street to the standard of construction set by these specifications, normal wear and tear excepted. This shall be interpreted to mean that the developer will, at his own expense, repair and make good any defects or damage which may develop during this maintenance period as a result of faulty construction within the right-of-way or as a result of other construction by the developer outside the right-of-way. During the maintenance period, the town shall be responsible for snow and ice control, street cleaning, cleaning of culverts and catch basins and other work of similar routine nature, provided that such work has in no way been caused by the developer's operations.

D. Modification of design improvements and alterations.

(1) If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Town Engineer shall issue any authorization under this section in writing, and shall transmit a copy of such authorization to the Planning Board and the Town Board at their next regular meetings.

(2) Plans submitted shall not be altered or amended after having been approved by the Town Superintendent of Highways unless amended plans are resubmitted and approved. However, the developer, at his own expense, shall provide additional storm drainage facilities or utilities as may be ordered by the Town Superintendent of Highways if, during the course of construction, in the opinion of the Town Superintendent of Highways or the Town Engineer, such additional structure or facilities are necessary to prevent any need for future installations of utilities or culverts within the pavement area, to assure the durability or pavement, future maintenance of right-of-way or welfare and safety of the public, except that the Town Planning Board may vary the requirements or such an order where there are practical difficulties in the way of carrying out to the letter of such order; unless such variance conflicts with the provisions of a town or county official drainage map, in which event the official map shall prevail. If construction of said road has not been started within one year from the date of final approval by the Town Planning Board, plans shall be resubmitted and approved as above.

E. Supervision of improvements. The construction of all required improvements shall be supervised by a registered professional engineer who, after completion of construction, shall prepare as-built plans and certify to the Town Board that all required improvements have been substantially constructed as required and approved by the Planning Board or as modified by the Planning Board or Town Engineer.

F. Inspections.

(1) Routine inspections.

(a) All improvements will be inspected by the Town Engineer or his designated representative to ensure satisfactory completion. In no case shall any paving work be done without permission from the Town Engineer. At least five days' notice shall be given to the Town Engineer prior to any such construction so that a representative of the town may be present at the time work is to be done. The Town Engineer shall be notified after each of the following phases of the work has been completed so that the Town Engineer or duly authorized representative may inspect the work:

[1] Road subgrade.

[2] Road subbase.

[3] Curb and gutter forms.

[4] Road paving.

[5] Sidewalk forms.

[6] Sanitary sewers, drainage pipe and other drainage structures before backfilling.

[7] All underground utilities prior to backfilling.

[8] Landscaping.

(b) If the Town Engineer or other duly designated official does not carry out inspection of required improvements during construction, the subdivider or the surety company shall not in any way be relieved of their responsibilities.

(2) Final inspection. A final inspection of all improvements will be made to determine whether the work is satisfactory and in substantial agreement with the approved final plat drawings and in compliance with the town specifications as of the time the offer of dedication of the public improvements is made to the Town Board. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release the performance security covering such improvements and utilities.

(3) Inspection fee. An inspection fee in the amount as set forth in Chapter 104 of the Town Code shall be paid to the town prior to the time that the Chairperson of the Planning Board signs the final plat.

G. Proper installation of improvements. If the Town Engineer or his duly authorized representative shall find, upon inspection of the improvements performed before the expiration date of the performance security, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, the Town Engineer shall so report to the Town Board, Building Inspector and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the surety company and take all necessary steps to preserve the town's rights under the security. The Town Board may thereupon declare the performance security in default and collect the sum remaining payable thereunder, and, upon receipt of the proceeds thereof, the town shall install such improvements as are covered by such performance security and commensurate with the building development that has taken place in the subdivision, but not exceeding in cost the amount of such proceeds. In making such determination regarding streets, highways, parks and required improvements, the Town Board shall take into consideration the prospective character of the development, whether dense or open residential, business or industrial. No plat shall be approved by the Planning Board as long as the subdivider is in default of improvements or security on a previously approved plat.

§ 163-10 Public streets, recreation areas.

A. Public acceptance of streets.

(1) The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the town of any street, utility, easement, park or other open space shown on such subdivision plat as offered for dedication to public use.

(2) Every street shown on a plat that is filed or recorded in the office of the Orange County Clerk as provided in this chapter shall be deemed to be a private street until such time as it has been formally offered for dedication to the town and accepted as a public street by resolution of the Town Board or, alternatively, until it has been condemned by the town for use as a public street, both with the consent of the Town Highway Superintendent.

(3) After such plat is approved and filed, the streets, highways and parks shown on such plat shall become a part of the Official Map (if such exists) or plan of the town. The owner of the land or duly authorized agent who filed the plat may add as part of the plat a notation, if so desired, to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public. If the owner of the land or duly authorized agent who files the plat does not add as part of the plat a notation to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public, the filing of the plat in the office of the Orange County Clerk shall constitute a continuing offer of dedication of the streets, highways or parks or any of them to the public, and said offer of dedication may be accepted by the Town Board at any time prior to revocation of said offer by the owner of the land or duly authorized agent. Formal offers of dedication acceptable to the Town Attorney to the public of all streets, highways or parks not marked with such notation on the plat shall be filed with the Planning Board prior to the approval of the plat by the Planning Board. In the event that the owner or duly authorized agent shall elect not to file the plat prior to the expiration date of the validity of such approval provided in Article III, § 163-8L, of this chapter, then such formal offers of dedication shall be deemed to be invalid, void and of no effect on and after such expiration date.

(4) Prior to acceptance of roads the developer shall:

(a) Provide as-built or record drawings of the roads, drainage, water, sewer and other improvements in the right-of-way to the Town Engineer and Town Board;

(b) Offer a full covenant and warrantee deed containing the correct metes and bounds description as shown on the approved plat, which deed must be in form to be recorded in the office of the Orange County Clerk; and

(c) Agree to pay the county filing fee.

(5) No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure is:

(a) An existing state, county, town or village highway.

(b) A private or public street shown upon a plat approved by the Planning Board as provided under the provisions of this chapter as in effect at the time such plat was approved and with the road base installed.

(c) A street on a plat duly filed and recorded in the office of the Orange County Clerk prior to the appointment of the Planning Board and the grant to the Board of the power to approve plats. Before such permit shall be issued, such street or highway shall have been suitably improved to the satisfaction of the Town Board in accordance with standards and specifications approved by the appropriate town officers as adequate in respect to the public health, safety and general welfare for the special circumstances of the particular street or highway, or alternatively and in the discretion of such Board, a performance security sufficient to cover the full cost of such improvement as estimated by such Board or other appropriate town departments designated by such Board shall be furnished to the town by the owner. Such performance security shall be approved by the Town Board and shall also be approved by the Town Attorney as to form, sufficiency and manner of execution. The term, manner of modification and method of enforcement of such security shall be determined by the appropriate board in substantial conformity with Article III, § 163-9B, of this chapter.

B. Ownership and maintenance of recreations areas. When a park, playground, natural or historic feature or other recreation or open space area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the town of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication and the provision for the cost of grading, developing, equipping and maintenance of any such recreation area.

§ 163-11 Application of clustering provisions.

The Town Board has empowered the Planning Board, in accordance with the procedures and law in § 185-26 of Chapter 185, Zoning, of the Town of Newburgh, to approve cluster subdivisions and to modify applicable provisions of the Zoning Law in accordance with the provisions of § 281 of the Town Law[1] in all zones in the town where clustering is allowed. The purposes of such authorization shall be to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. The procedure and standards herein above-referred-to are as follows:

A. Request by subdivider. A subdivider may request (and the Planning Board may require) application of § 281[2] simultaneously with or subsequent to presentation of the sketch plat according to procedures described in Article III. The Planning Board may, at its discretion, approve application of § 281[3] if, in the Board's judgment, such application would benefit the town.

(1) This procedure shall be applicable only to lands zoned for clustering and residential purposes, and its application shall result in a permitted number of dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Law applicable to the district or districts in which such land is situated and conforming to all other applicable requirements as found in § 185-26 of Chapter 185, Zoning.

(2) The dwelling units permitted may be, at the discretion of the Planning Board, in detached, semidetached, attached or multistory structures.

[2] Section 281 of the Town Law was renumbered by L. 1992, c. 727. The current citation is to § 278 of the Town Law, Subdivision review; approval of cluster development.

[3] Section 281 of the Town Law was renumbered by L. 1992, c. 727. The current citation is to § 278 of the Town Law, Subdivision review; approval of cluster development.

B. Sketch plat. A subdivider shall present, along with a proposal in accordance with the provisions of § 281,[4] a standard sketch plat which is consistent with all the criteria established by this Subdivision Law, including but not limited to streets being consistent with the street specifications[5] and lots being consistent with the Zoning Law. This layout, upon approval, shall determine the total number of lots allowed in a future preliminary plan.

[4] Section 281 of the Town Law was renumbered by L. 1992, c. 727. The current citation is to § 278 of the Town Law, Subdivision review; approval of cluster development.

[5] Editor's Note: See Ch. 161, Street Specifications.

C. Parks, recreation, open space or other town purposes. In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other town purposes directly related to the plat, then the Planning Board as a condition of plat approval may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The Town Board may require that such conditions shall be approved by the Town Board before the plat may be approved for filing.

D. Preliminary plat. Upon determination that such sketch plat is suitable for clustering, a preliminary plat meeting all of the requirements of the cluster section of the Zoning Law shall be presented to the Planning Board. Thereafter, the Planning Board shall proceed with the required public hearings and all other requirements of this chapter. The preliminary plat may be in the form of a proposed site plan or subdivision which shall include areas within which the proposed site plan or subdivision, (including areas within which structures may be located; the height and spacing of buildings, open spaces and their landscaping; off-street, open and enclosed parking spaces; and streets, driveways and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementations of existing zoning provisions as are not shown on said site plan or subdivision) shall be presented to the Planning Board, and thereafter the Planning Board shall proceed with the required public hearings and all other requirements of this chapter.

E. Filing; notations on Zoning Map. On the filing of a plat in the office of the Orange County Clerk in which clustering has been used, the subdivider shall file a copy with the Town Clerk, who shall make appropriate notations and reference thereto in the Town Zoning Map. The Secretary of the Planning Board shall notify the Building and Code Enforcement Officer when such a plat is filed.

[1] Section 281 of the Town Law was renumbered by L. 1992, c. 727. The current citation is to § 278 of the Town Law, Subdivision review; approval of cluster development.

§ 163-12 Fees.

See Chapter 104 of the Code of the Town of Newburgh regarding fees.