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.
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.
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.
(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.)
(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.
(11)
The name of the owner and of all adjoining property
owners as disclosed by the most recent town tax records.
(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.
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.
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.
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.
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.
(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.
(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.
(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.
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.
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.
(2)
A lot map of the entire subdivision shall be the same
as that required on the preliminary plat with the following additions:
(a)
(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:
(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.
A.
Improvements. Improvements as listed below will be
required.
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:
(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.
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.
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.
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.
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.
See Chapter 104 of the Code of the Town of Newburgh regarding fees.
