Whenever any subdivision of land is proposed, and before any contract for the sale of any lots in such subdivision is executed, the subdivider or his duly authorized agent shall apply in writing for subdivision approval in accordance with the following procedures. In the case of any conflict between the procedures contained in this Article III and the provisions of New York State law, state law shall control.
A.
Submission of sketch plan and required data. A subdivider shall, prior to subdividing land (including implementing a lot adjustment), submit to the Building Department, at least 30 days prior to a scheduled meeting of the Planning Board, 16 copies of a sketch plan of the proposed subdivision. The sketch plan shall be drawn at a scale no smaller than one inch equals 400 feet, unless a smaller scale is needed to present the entire tract on one sheet. If the subdivision is in the RU District, the sketch plan shall indicate whether the proposed subdivision is a small-scale development, open space development, or conservation density development, as described in § 97-18B of Chapter 97, Zoning. The sketch plan shall also show the following information:
(1)
The location of the portion of the parcel which is
to be subdivided in relation to the entire tract, and the distance
to the nearest existing street intersection.
(2)
A vicinity map showing all holdings of the applicant
and all land within at least one mile of the property to be subdivided,
drawn on a USGS quadrangle base map.
(3)
All existing structures, wooded areas, streams, topography
based on available USGS quadrangle maps, and other significant physical
features within the subdivision and 200 feet thereof.
(4)
The names of the owner and of all adjoining property
owners as disclosed by the most recent municipal tax records, and
the Tax Map section, block and lot numbers, if available.
(5)
All the utilities available, and all streets which
are proposed, mapped, or built.
(6)
The proposed pattern of lots (including lot width
and depth), street layout, recreation areas, systems of stormwater
management, wastewater collection and treatment, and potable water
supply within the subdivided area.
(7)
All existing restrictions on the use of land, including
easements, covenants, conservation easements, and land use district
boundary lines.
(8)
A short-form environmental assessment form (EAF) for
minor subdivisions and lot line adjustments, or Part 1 of a long-form
EAF, as deemed necessary by the Planning Board.
(10)
Trail corridors and pedestrianways, as provided in § 83-12E above, if a trail map has been adopted by the Town.
(12)
A statement indicating the subdivider's plans for
complying with the water testing requirements of the Town of Goshen,
or the results of such tests if they have been completed.
B.
Other governmental agency requirements. The subdivider
shall determine the requirements of all governmental agencies whose
approval is required by this chapter, and which must eventually approve
any subdivision plan coming within their jurisdiction.
C.
Review for completeness. The Town Planner, Town Engineer and Building Department shall review the proposed sketch plan for completeness in fulfilling the submission requirements in Subsection A above, and shall recommend that the application be placed on the Planning Board's meeting agenda if it finds the submission complete. If the submission is found to be incomplete, the Building Department shall issue a letter to the subdivider specifying any deficiencies.
D.
Discussion of requirements and classification.
(1)
Prior to placing the sketch plan on the Planning Board's meeting agenda, members of the Planning Board and the Board's consultants shall conduct a site visit of the property. The subdivider or a duly authorized representative shall attend the next meeting of the Planning Board to discuss the requirements of Chapter 97, Zoning, the conservation analysis, and other requirements of this chapter, including but not limited to stormwater management, wastewater collection and treatment, potable water supply, traffic and transportation, fire protection, as well as the availability of existing services and other pertinent information shown on the sketch plan.
(2)
The Planning Board shall classify the sketch plan
as a minor or major subdivision as defined in this chapter. When the
subdivision is classified by the Planning Board as a minor or major
subdivision, a notation to that effect shall be made on the sketch
plan. The Planning Board may require, however, when it deems necessary
for protection of the public health, safety, and welfare, that a minor
subdivision comply with all or some of the requirements specified
for major subdivisions.
(3)
If the applicant has applied for a small-scale development or conservation density development, the Planning Board shall determine whether or not the application complies with the provisions of § 97-19 or 97-22 of Chapter 97, Zoning, respectively. The determinations under this subsection and Subsection D(2) above are independent determinations. A small-scale development may under certain circumstances be classified as a major subdivision (see definitions).
(4)
No more than four lots may be created in a small-scale development, as described in § 97-19 of Chapter 97, Zoning. If a small-scale development has been approved with up to four residential lots, and an applicant files an application for a fifth lot to be subdivided from the parent parcel at any time, the application for the fifth subdivided lot (and any additional lots) shall be subject to the requirements of § 97-19D of Chapter 97, Zoning, of the Code of the Town of Goshen.
(5)
If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure in § 83-22 of this chapter. If it is classified as a major subdivision, the subdivider shall comply with the procedure in § 83-23 of this chapter. If a minor subdivision has been approved with up to four residential lots, and an applicant files an application for a fifth lot to be subdivided from the parent parcel within 10 years of the original approval, the application for the fifth subdivided lot (and any additional lots) shall be subject to the requirements for major subdivisions.
E.
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of this chapter and shall, where it deems necessary, make specific recommendations, in writing, to be incorporated by the subdivider in the next submission to the Planning Board. In its study of a sketch plan that includes a conservation analysis, the Planning Board shall make conservation findings pursuant to § 97-20B(4) of Chapter 97, Zoning.
F.
Public workshop option. With the applicant's consent,
the Planning Board is encouraged but not required to convene an interactive
public workshop in which members of the Board and the public work
together and with the applicant to explore options for the property
proposed for development.
A.
Application. Within six months after classification
of the sketch plan as a minor subdivision by the Planning Board, the
subdivider shall submit an application for approval of a subdivision
plat. Failure to do so shall require resubmission of the sketch plan
and payment of required fees to the Planning Board for classification.
The subdivision plat shall conform to the layout shown on the sketch
plan plus any recommendations made by the Planning Board.
B.
Fees. All applications for subdivision plat approval
for a minor subdivision shall be accompanied by a fee established
by the Town Board.
C.
Number of copies and required data. Sixteen copies of the subdivision plat shall be submitted to the Building Department at least 30 days prior to a scheduled meeting of the Planning Board. The subdivision plat shall include, in addition to the information required by § 83-21A to be on the sketch plan, the following information:
(1)
A copy of conservation easements, covenants, or deed
restrictions intended to cover all or part of the tract.
(2)
The results of all required soils and water supply
testing for each lot intended for building habitable structures, and
a note stating that all on-site wastewater disposal and potable water
supply facilities shall be designed to meet the minimum requirements
of applicable Town, county, and state regulations.
(3)
A field survey of the boundary lines of the tract,
giving complete descriptive data by bearings and distances, made and
certified by a professional land surveyor licensed by the State of
New York. The corners of the tract shall also be located on the ground
and marked by monuments as approved by the Town Engineer and shall
be referenced and shown on the plat. If recommended by the Town Engineer,
the Planning Board may waive the requirement to have the lot corners
marked where the land is part of a working farm operation. In the
case of a tract in which less than 50% of the land is to be platted
for buildable lots, or where there is a farm operation, the Planning
Board may waive the requirement of a field survey of that portion
of the tract which is not to be platted.
(5)
If the proposed subdivision is an open space development as described in § 97-20 of Chapter 97, Zoning, the plat shall note the total permitted lot count for the entire tract based upon the density standards in § 97-20A of Chapter 97, Zoning (including the requirements of applicable Aquifer Overlay Districts), the number of lots created by the plat, and the number of lots permitted to be platted in the future, as well as a table showing setback requirements and impervious surface coverage limits for each lot.
(6)
Proposed subdivision name, name of the town and county
in which it is located.
(7)
Date, North point, map scale, name and address of
record owner and subdivider, if different.
(9)
If the property to be subdivided is in an agricultural district and contains a farm operation or lies within 500 feet of a farm operation in an agricultural district, an agricultural data statement, as required by § 305-a, Subdivision 2, of the Agriculture and Markets Law (see Article VII of this chapter).
(10)
If the application covers only a part of the subdivider's
entire holdings (or those of a related person), the subdivider shall
submit a map or sketch of the entire contiguous holdings, indicating
acreages and the relation of the proposed subdivision to the entire
holdings. The area proposed for subdivision shall be considered in
light of the entire holdings.
D.
Agricultural data statement notification. Upon receipt
of a minor subdivision plat application containing an agricultural
data statement, the Secretary of the Planning Board shall mail a copy
of the agricultural data statement to the owners of land identified
by the subdivider in the agricultural data statement. The cost of
mailing the notice shall be borne by the subdivider.
E.
Review for completeness. The Town Planner, Town Engineer,
and Building Department shall review the proposed subdivision plat
for completeness in fulfilling the submission requirements, and shall
recommend that the application be placed on the Planning Board's meeting
agenda if it finds the submission complete. If the submission is found
to be incomplete, the Building Department shall issue a letter to
the subdivider specifying any deficiencies.
F.
Subdivider to attend Planning Board meeting. The subdivider
or his duly authorized representative shall attend the meeting of
the Planning Board to discuss the subdivision plat.
G.
Mediation. Mediation may be employed with the applicant's consent to help resolve disputes, as provided in § 83-23F.
H.
Study of plat. The Planning Board shall study the suitability of the plat, taking into consideration the conservation analysis (if one is prepared), the conservation findings made at the time of sketch plan approval, the purposes and requirements of the Comprehensive Plan and Chapter 97, Zoning (including the rural siting principles in § 97-41 of Chapter 97, Zoning, if applicable), the best use of the land being subdivided, the permitted lot count under applicable sections of Chapter 97, Zoning, and the impacts of the proposed subdivision on the functioning of farm operations in an agricultural district as shown in any agricultural data statement. Particular attention shall be given to the arrangement, location, and width of streets, and their relation to topography, potable water supply, sewage disposal, stormwater management, lot size and arrangement, the future development of adjoining lands as yet unsubdivided, and the Town's goals of protecting its natural, historic, scenic, and agricultural resources while providing affordable housing, promoting economic development, and diversifying its tax base.
I.
Date of official submission and SEQRA compliance. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fees and all data required by Subsection C of this section, has been filed with the Secretary of the Planning Board, and the Planning Board has filed either a negative declaration or a notice of completion of a draft environmental impact statement in accordance with the State Environmental Quality Review Act (SEQRA). The Planning Board shall follow the procedures for coordination of SEQRA and subdivision approval requirements contained in § 276(6) of the Town Law.
J.
Endorsement of state and county 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
Western Orange Regional Office of the New York State Department of
Transportation in time for their comments to be returned and read
into the minutes of the public hearing. If the site lies within 500
feet of a county or state road, drainage easement, institution or
park or within 500 feet of a municipal boundary, a copy of the subdivision
shall be forwarded to the Orange County Department of Planning in
time for its comments to be returned and read into the minutes of
the public hearing. All correspondence from other agencies whose review
or approval are required shall be submitted to the Planning Board
prior to approval of any subdivision plat. Approval shall not be granted
unless all relevant correspondence has been submitted.
K.
Public hearing. A public hearing shall be held by
the Planning Board within 62 days from the date of official submission
of the subdivision plat for approval or as otherwise provided in § 276(6)(d)
of the Town Law. The hearing shall be advertised at the subdivider's
expense in a newspaper of general circulation in the Town at least
five days before the hearing and shall be coordinated with any hearing
held under SEQRA. The applicant shall send notice of the public hearing,
at least 10 days prior to the public hearing, stating the date, place
and substance of the hearing, to all owners of property within 300
feet of the proposed subdivision, as the names of said owners appear
on the last complete assessment roll of the Town, and to all property
owners listed in the agricultural data statement, if one is filed.
Such notice shall be sent by certified mail, return receipt requested,
and the Board may inspect such receipts to assure proper notification.
The cost of mailing the notice shall be borne by the subdivider.
[Amended 1-22-2018 by L.L. No.
1-2018]
L.
Action on subdivision plat. The Planning Board shall, within 62 days of the date of the close of the public hearing, act to conditionally approve, conditionally approve with modification, disapprove, or grant final approval and authorize the signing of the subdivision plat pursuant to § 276 of the Town Law. This time may be extended by mutual consent of the subdivider and the Planning Board. If the plat has been disapproved, within five days of such disapproval the decision shall be certified by the Secretary of the Planning Board and a copy of the decision filed in the Secretary's office, with a certified copy mailed to the subdivider. In the event the Planning Board fails to take action on a subdivision plat within the time prescribed herein, or for such extended period established by the mutual consent of the subdivider and the Planning Board, the plat shall be deemed approved, and a certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand, and shall be sufficient in lieu of written endorsement of other evidence of approval herein required. The time periods prescribed herein do not begin to run until the application has been officially submitted pursuant to Subsection I of this section.
[Amended 1-22-2018 by L.L. No.
1-2018]
M.
Conditional approval. Upon granting conditional approval
with or without modification to the plat, the Planning Board shall
empower a duly authorized officer to sign the plat upon compliance
with such conditions and requirements as may be stated in its resolution
of conditional approval. Within five days of the resolution granting
conditional approval, the plat shall be certified by the Secretary
of the Planning Board as conditionally approved. A copy of the resolution
shall be filed in the Secretary's office and a certified copy of the
resolution shall be mailed to the subdivider. The copy mailed to the
subdivider shall include a certified statement of such requirements
which, when completed, will authorize the signing of the conditionally
approved plat. Upon completion of such requirements, the plat shall
be signed by the duly designated officer of the Planning Board. Conditional
approval of a plat shall expire 180 days after the date of the resolution
granting such approval unless the requirements have been certified
by the Chair of the Planning Board as completed within that time.
The Planning Board may, however, extend the time within which a conditionally
approved plat may be submitted for signature, if, in its opinion,
such extension is warranted under the circumstances, for periods of
90 days each.
[Amended 1-22-2018 by L.L. No.
1-2018]
A.
Application and fees.
(1)
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, in the form described in Subsection B below. 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. The application for approval of a preliminary plat shall be made at least 30 days prior to a scheduled monthly meeting of the Planning Board and shall be accompanied by a fee established by the Town Board.
(2)
The subdivider shall also be responsible for all reasonable engineering, planning, legal, and other project review costs incurred by the Town in connection with the subdivision application. The application for approval of the preliminary plat shall be accompanied by a deposit to a project review escrow fund in an amount established by the Planning Board on the same terms as provided in § 97-68 of Chapter 97, Zoning. Any project review funds not expended by the Town in the consideration and review of the subdivider's application shall be returned to the subdivider upon completion of the subdivision process or the withdrawal of the subdivision application. All costs incurred by the Town which are in excess of the funds deposited shall be paid by the subdivider to the Town prior to final approval of the subdivision plat. The Town reserves the right to request additional deposits to the project review escrow fund if necessary to cover additional costs.
B.
Major subdivision preliminary plat and accompanying
data. The following documents shall be submitted for approval:
(1)
All information required for sketch plan approval in § 83-21A, and a draft environmental impact statement if required by the lead agency under SEQRA.
(2)
Sixteen copies of the preliminary plat prepared at
a scale of 100 feet to the inch, or such other scale as the Planning
Board may deem appropriate, showing:
(a)
Proposed subdivision name, name of town and
county in which it is located, date, true North point, scale, name
and address of record owner, subdivider, and engineer or surveyor,
including license number and seal.
(b)
The name of all subdivisions immediately adjacent
and the name of the owners of record of all adjacent property.
(c)
Land use and overlay districts as shown on the
Zoning Map.
(d)
All parcels of land proposed to be dedicated
to public use or preserved as open space and the conditions of such
dedication or preservation.
(e)
Location of existing property lines, easements, buildings, watercourses, wetlands, rock outcrops, soil types, slope analysis showing slopes of 0% to 15%, greater than 15% to 25%, and greater than 25%, wooded areas, and other significant existing features for the proposed subdivision and adjacent property. Much of this information shall have been submitted already as part of the conservation analysis required in Subsection B(1) above.
(f)
Location of existing electric and gas service
lines, sanitary and storm sewers, water mains, culverts, and drains
on or adjacent to the property, with pipe sizes and elevations of
stormwater management facilities and sanitary sewers.
(g)
Contours with intervals of two feet, unless
larger intervals are permitted by the Planning Board, including elevations
on existing roads. A grading plan shall be provided if natural contours
are to be changed more than two feet.
(h)
The width and location of any streets or public
ways or other places reserved for public facilities or other public
uses in the Comprehensive Plan within the area to be subdivided, if
any, and the width, location, grades, and street profiles of all private
roads, driveways, or public ways proposed by the subdivider.
(i)
The approximate location and size of all existing
and proposed water lines, valves, hydrants, basins and manholes, and
sewer lines. Connections to existing lines or alternate means of potable
water supply or wastewater collection and disposal shall be provided
in accordance with Town, county, and state standards. Profiles of
all proposed water mains and sanitary and storm sewer lines shall
be provided.
(k)
Plans and cross-sections showing the proposed
location and type of sidewalks, streetlighting standards, street trees,
curbs, water mains, culverts, sanitary and storm sewers and the size
and type thereof; the character, width, and depth of pavements and
subbase, and the location of manholes, basins, and underground conduits.
(l)
Preliminary designs of any bridges or culverts
which may be required.
(m)
The proposed lot lines with approximate dimensions
and area of each lot.
(n)
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 boundaries of proposed permanent easements
over or under private property. The permanent easements shall not
be less than 30 feet in width and shall provide satisfactory access
to an existing public highway or other public highway or public open
space shown on the subdivision plat or the Official Map.
(o)
The results of required soil and water supply
tests for each lot intended for building habitable structures, and
a note stating that all on-site wastewater disposal and potable water
supply facilities shall be designed to meet the minimum specifications
of all applicable Town, county, and state regulations.
(p)
A field survey of the boundary lines of the
tract, giving complete descriptive data by bearings and distances,
made and certified by a professional land surveyor licensed by the
State of New York. The corners of the tract shall also be located
on the ground and marked by monuments as approved by the Town Engineer,
and shall be referenced and shown on the plat. In the case of a tract
in which less than 50% of the land is to be platted for buildable
lots, if recommended by the Town Engineer, the Planning Board may
waive the requirement of a field survey of that portion of the tract
which is not to be platted.
(r)
If the proposed subdivision is an open space development as described in § 97-20 of Chapter 97, Zoning, the total permitted lot count for the entire tract based upon the density standards in Chapter 97, Zoning (including the requirements of applicable Aquifer Overlay Districts), the number of lots created by the plat, and the number of lots permitted to be platted in the future, as well as a table showing setback requirements and impervious surface coverage limits for each lot.
(s)
Drafts of any proposed conservation easements required by Chapter 97, Zoning, including identification of the proposed grantee of such conservation easements, and a letter of intent from such grantee agreeing to accept such conservation easement if the grantee is not the Town.
(u)
Such other information as the Planning Board
deems necessary to conduct an informed review.
(3)
If the property to be subdivided is in an agricultural district and contains a farm operation or lies within 500 feet of a farm operation in an agricultural district, an agricultural data statement, as required by § 305-a, Subdivision 2, of the Agriculture and Markets Law (see Article VII).
(4)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Articles I and II of Chapter 80C shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 80C, and the approved preliminary subdivision plat shall be consistent with the provisions of Chapter 80C.
[Added 1-12-2017 by L.L.
No. 2-2017]
C.
Relation to other lands of subdivider. If the application
covers only a part of the subdivider's entire holdings (or those of
a related person), the subdivider shall submit a map or sketch of
the entire contiguous holdings, including all land held in the same
ownership within one mile at any time within the past three years,
indicating acreages and the relation of the proposed subdivision to
the entire holdings. The area proposed for subdivision shall be considered
in light of the entire holdings.
D.
Agricultural data statement notification. Upon receipt
of a major subdivision plat application containing an agricultural
data statement, the Secretary of the Planning Board shall mail a copy
of the agricultural data statement to the owners of land identified
by the subdivider in the agricultural data statement. The cost of
mailing the notice shall be borne by the subdivider.
E.
Subdivider to attend Planning Board meeting. The subdivider
or his duly authorized representative shall attend the meeting of
the Planning Board to discuss the preliminary plat.
F.
Mediation. At any point in the subdivision review
process the Planning Board may, if it deems appropriate and the subdivider
consents, appoint a mediator to work informally with the subdivider,
neighboring property owners, and other interested persons to address
concerns raised about the proposed subdivision. Such mediation may
be conducted by a community dispute resolution center or other mediator
acceptable to the Planning Board and the subdivider. The mediator
shall have no power to impose a settlement or bind the parties or
the Planning Board, and any settlement reached shall require Planning
Board approval to assure compliance with all provisions of this chapter.
The cost, if any, of such mediation may be charged to the subdivider
as part of the cost of subdivision review, with the subdivider's written
consent. Such cost may also be shared by others with their written
consent. The Planning Board may extend applicable time limits during
the pendency of the mediation if the subdivider consents. The Planning
Board or subdivider may terminate the mediation at any point.
G.
Study of preliminary plat. The Planning Board shall study the suitability of the plat, taking into consideration the conservation analysis, the conservation findings made at the time of sketch plan approval, the purposes of the Comprehensive Plan and Chapter 97, Zoning (including the rural siting principles in § 97-41 of Chapter 97, Zoning, if applicable), the permitted lot count under applicable sections of Chapter 97, Zoning, the best use of the land being subdivided, and the impacts of the proposed subdivision on the functioning of farm operations in an agricultural district as shown in any agricultural data statement. The Planning Board may suggest alternatives including different lot configurations or nonresidential uses in order to protect farm operations. Particular attention shall be given to the arrangement, location, and width of streets and their relation to topography, potable water supply, sewage disposal, stormwater management, lot size and arrangement, the future development of adjoining lands as yet unsubdivided, and the Town's goals of protecting its natural, historic, scenic, and agricultural resources while providing affordable housing, promoting economic development, and diversifying its tax base.
H.
Date of official submission and SEQRA compliance. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and project review fund deposit, and all data required by Subsection B of this section, has been filed with the Secretary of the Planning Board, and the Planning Board has filed either a negative declaration or a notice of completion of a draft environmental impact statement in accordance with the State Environmental Quality Review Act (SEQRA). The Planning Board shall follow the procedures for coordination of SEQRA and subdivision approval requirements contained in § 276 of the Town Law.
[Amended 1-22-2018 by L.L. No.
1-2018]
I.
Endorsement of state and county 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
Western Orange Regional Office of the New York State Department of
Transportation in time for their comments to be returned and read
into the minutes of the public hearing. If the site lies within 500
feet of a county or state road, drainage easement, institution or
park or within 500 feet of a municipal boundary, a copy of the subdivision
shall be forwarded to the Orange County Department of Planning in
time for its comments to be returned and read into the minutes of
the public hearing. All correspondence from other agencies whose review
or approval are required shall be submitted to the Planning Board
prior to approval of any subdivision plat. Approval shall not be granted
unless all relevant correspondence has been submitted.
J.
Approval of the preliminary plat.
(1)
Within 62 days of the official submission of a complete application for preliminary plat approval, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. The applicant shall send notice of the public hearing, at least 10 days prior to the public hearing, stating the date, place and substance of the hearing, to all owners of property within 300 feet of the proposed subdivision, as the names of said owners appear on the last complete assessment roll of the Town, and to all property owners listed in the agricultural data statement, if one is filed. Such notice shall be sent by certified mail, return receipt requested, and the Board may inspect such receipts to assure proper notification. Proof of such mailing shall be provided to the Building Department prior to the public hearing. The cost of mailing the notice shall be borne by the subdivider. The Planning Board may provide that the hearing be further advertised in such manner as it deems appropriate for full public consideration of such preliminary plat, including notification of the appropriate school district. Within 62 days after the date of the close of such hearing, the Planning Board shall approve with or without modification or disapprove the preliminary plat, and the ground of the modification, if any, or the ground for disapproval, shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on the plat may be extended by mutual consent of the subdivider and the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing such modifications, if any, as it deems necessary for submission of the plat in final form. Within five days of the approval of the preliminary plat, it shall be certified by the Secretary of the Planning Board as granted preliminary approval and a copy filed in the Secretary's office, a certified copy mailed to the owner, and a copy forwarded to the Town Board and the appropriate school district. If the preliminary plat has been disapproved, within five days of such disapproval of the preliminary plat, the decision shall be certified by the Secretary of the Planning Board and a copy of the decision filed in the Secretary's office, with a certified copy mailed to the subdivider. In the event the Planning Board fails to take action on a preliminary plat within the time prescribed, such preliminary plat shall be deemed granted preliminary approval. The certificate of the Town Clerk as to the date of submission, and the failure of the Planning Board to take action within such prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required. The time periods prescribed herein do not begin to run until the application has been officially submitted pursuant to Subsection H of this section.
[Amended 1-22-2018 by L.L. No.
1-2018]
(2)
When granting approval to a preliminary plat, the
Planning Board shall state the terms of such approval, if any, with
respect to:
(a)
The modifications it requires to the preliminary
plat;
(b)
The character and extent of the required improvements
for which waivers may have been requested and which in its opinion
may be waived without jeopardy to the public health, safety, and general
welfare;
(c)
The amount of improvements or the amount of
all performance guarantees therefor which it will require as prerequisite
to the approval of the subdivision plat; and
(d)
The terms of any required conservation easements,
and other conditions that will be required to be fulfilled in connection
with final plat approval.
(3)
Prior to, or within 30 days after, receiving preliminary
plat approval, the applicant shall meet with the Town Board or its
designated Town official(s) and submit proposed construction drawings
of the infrastructure that is proposed to be dedicated to the Town.
No construction of any improvements and no site preparation for such
construction shall commence prior to final approval.
A.
Application for approval and fees. The subdivider
shall, within six months after the approval of the preliminary plat,
file with the Planning Board an application for approval of the subdivision
plat in final form together with the required fees, using the approved
application form available from the Secretary of the Planning Board.
All applications for final plat approval for major subdivision shall
be accompanied by an additional deposit to the project review escrow
fund if requested by the Planning Board and by a major subdivision
plat fee in the amount established by resolution of the Town Board.
If the final plat is not submitted within six months after the approval
of the preliminary plat, the Planning Board may revoke preliminary
plat approval.
B.
Major subdivision final plat and accompanying data.
The plat to be filed with the County Clerk shall be printed in drafting
film and ink, and shall meet specifications of the County Clerk's
office. The plat shall normally be drawn at a scale of no more than
100 feet to the inch and oriented with the North point at 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. The plat shall
show:
(1)
Proposed subdivision name or identifying title and
the name of the town and county in which the subdivision is located,
the name and address Of record owner and subdivider, name, license
number, and seal of the licensed land surveyor.
(3)
Sufficient data acceptable to the Town Engineer to
determine readily the location, bearing, and length of every street
line, lot line, boundary line, and to reproduce such lines upon the
ground. Where applicable, these should be referenced to monuments
included in the State System of Plane Coordinates, and in any event
should be tied to reference points previously established by a public
authority.
(4)
The length and bearing of all straight lines, radii,
length of curves and central angles of all curves, tangent bearings
shall be given for each street. All dimensions and angles of the lines
of each lot shall also be given. All dimensions shall be shown in
feet and decimals of a foot. The plat shall show the boundaries of
the property, location, graphic scale, and true North point.
(5)
Dedicated public open spaces, areas protected by conservation
easements, and open spaces or recreation areas where title is reserved
by the subdivider. The subdivider shall submit copies of executed
or proposed deeds, conservation easements, and such other agreements
or documents as are necessary to show the manner in which such areas
are to be owned, maintained, and preserved. For any open space development,
the plat shall clearly show the total permitted lot count for the
entire tract, the number of lots created by the plat, and the number
of lots permitted to be platted in the future. The final subdivision
plat shall not be signed by the Planning Board until all necessary
documents have been executed.
(6)
All conservation easements or covenants governing
the preservation and maintenance of unceded open space.
(7)
Lots and blocks within a subdivision shall be numbered
and lettered in accordance with the prevailing Town practice.
(8)
Permanent street reference monuments shall be shown,
and shall be constructed in accordance with specifications of the
Town Engineer. When referenced to the State System of Plane Coordinates,
they shall also conform to the requirements of the State Department
of Transportation. They shall be placed as required by the Town Highway
Superintendent and the Town Engineer and their location noted and
referenced upon the plat.
(9)
All lot corner markers shall be permanently located
satisfactorily to the Town Engineer, with concrete monuments containing
a metal rod, at least four inches by four inches by 30 inches and
located in the ground flush with the finished grade. The Planning
Board may waive this requirement for farmland used in a farm operation.
(10)
Monuments of the same type as in Subsection B(9) above 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 Highway Superintendent and Town Engineer.
(11)
A map shall be submitted to the satisfaction of the
Planning Board, indicating the location of all underground utilities
as actually installed. The subdivider shall provide a letter of credit
or certified check as a performance guarantee for all required improvements;
such performance guarantee shall not be released until such a map
is submitted in a form satisfactory to the Planning Board.
(12)
In addition to the above information, the following
certifications and additional information shall be provided:
(a)
Certification of title of the record owner,
together with a signed and notarized consent to the subdivision application
if the record owner is not the subdivider.
(b)
Written offers of cession to the Town of all
public streets, rights-of-way and open spaces shown on the plat, and
copies of agreements, conservation easements, or other documents showing
the manner in which spaces, title to which is reserved by the subdivider,
are to be maintained. All offers of cession, conservation easements,
and covenants governing the maintenance of unceded open space shall
bear the certificate of approval of the Town Attorney as to their
legal sufficiency.
(c)
A certificate by the Town Engineer certifying
that the subdivider has submitted a certified check or letter of credit
to the Town, in sufficient amount to assure completion of all required
improvements.
(d)
Protective covenants and conservation easements
in form for recording.
(e)
Other data, such as certificates, affidavits,
endorsements or dedications, as may be required by the Planning Board
in the administration and enforcement of this chapter.
(f)
Letters directed to the Chairman of the Planning
Board and signed by a responsible official of the lighting agency,
water company or any other utility company or governmental authority
or district which provides necessary utility service and has jurisdiction
in the area, approving each proposed utility installation design and
including a statement as to who will construct the facility so that
service will be available when required in conformity with the provisions
of the filed rate schedule.
(g)
Letter directed to the Chairman of the Planning
Board and signed by a responsible official of the school system, acknowledging
the number of residential lots and indicating the availability of
existing school facilities for the new pupils or any needed new school
sites and facilities that relate to the subdivision area.
(h)
Letter in appropriate cases directed to the
Chairman of the Planning Board and signed by a responsible official
of the State Highway Department or the Orange County Superintendent
of Highways, approving proposed construction on state or county rights-of-way,
respectively.
(i)
A stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 80C and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 80C, and the approved final subdivision plat shall be consistent with the provisions of Chapter 80C.
[Added 1-12-2017 by L.L.
No. 2-2017]
C.
When officially submitted. The time of submission of the final subdivision plat shall be considered to be the date on which the application for approval of the final subdivision plat, complete and accompanied by the required fee and project review reserve fund deposit and all data required by Subsection B of this section, and all regulatory approvals required by Subsection D below, has been filed with the Secretary of the Planning Board.
D.
Endorsement of state, county, and Town agencies. Water
and wastewater facility proposals contained in the subdivision plat
shall be properly endorsed and approved by the appropriate regulatory
agency having jurisdiction in the matter. The subdivider shall file
applications for approval of plans for water or wastewater facilities
with all necessary Town, county, and state agencies. Endorsement and
approval by these agencies shall be secured by the subdivider before
official submission of the final subdivision plat.
E.
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 Secretary of the Planning Board.
F.
SEQRA compliance. The Planning Board shall follow
the procedures for coordination of SEQRA and subdivision approval
requirements contained in § 276(6) of the Town Law.
G.
Final plats which are not in substantial agreement
with approved preliminary plats. 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, the Planning Board
shall follow the procedures contained in § 276(6)(d) of
the Town Law.
H.
Conditional approval. Upon resolution of conditional
approval of the final plat, the Planning Board the Planning Board
shall empower a duly authorized officer to sign the plat upon compliance
with such conditions and requirements as may be stated in its resolution
of conditional approval. Within five days of the resolution granting
conditional approval, the plat shall be certified by the Secretary
of the Planning Board as conditionally approved. A copy of the resolution
shall be filed in the Secretary's office and a certified copy of the
resolution shall be mailed to the subdivider. The copy mailed to the
subdivider shall include a certified statement of such requirements
which, when completed, will authorize the signing of the conditionally
approved plat. Upon completion of such requirements, the plat shall
be signed by the duly designated officer of the Planning Board. Conditional
approval of a final plat shall expire 180 days after the date of the
resolution granting such approval unless the requirements have been
certified as completed within that time. The Planning Board may, however,
extend the time within which a conditionally approved plat may be
submitted for signature, if, in its opinion, such extension is warranted
under the circumstances, for periods of 90 days each.
[Amended 1-22-2018 by L.L. No.
1-2018]
A.
The following improvements will be required except
when, in the special or peculiar circumstances of a particular case,
the Planning Board modifies or waives a requirement by specific resolution:
(1)
Paved streets, except in conservation density subdivisions.
(2)
Curbs or gutters.
(3)
Sidewalks where lots are less than 15,000 square feet
in area.
(4)
Potable water supply and fire protection system.
(5)
Sanitary wastewater collection and treatment facilities.
(6)
Stormwater management facilities.
(7)
Street signs.
(8)
Streetlighting where lots are less than 15,000 square
feet in area and, where the Planning Board deems necessary, at intersections.
(9)
Street trees.
(10)
Seeding or sodding of planting strips with lawn grass.
B.
Modification of design of improvements. 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 required improvements, the Town Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided these modifications are within the spirit and intent of the Planning Board's approval and do not result in the waiver or substantial alteration of the function of any improvements required by the Planning Board. The Town Engineer shall issue any authorization under this Subsection B in writing, and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
C.
Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall establish with the Town Clerk an escrow account for the inspection fees required by Subsection H(3) below. The subdivider shall simultaneously notify the Town Board in writing of the time proposed to commence construction of the improvements so that the Town Board may cause inspection to be made to assure that all Town specifications and requirements are met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required by the Planning Board.
D.
Proper installation of improvements. If the Town Engineer
shall find, upon inspection of the improvements, that any of the required
improvements have not been constructed in accordance with plans and
specifications filed by the subdivider, he shall so report to the
Town Board, Code Enforcement Officer and Planning Board. The Town
Board shall notify the subdivider and take all necessary steps to
preserve the Town's rights under the performance guarantee. No plat
shall be approved by the Planning Board as long as the subdivider
is in default on a previously approved plat.
E.
Before the Planning Board grants final approval of
the subdivision plat, the subdivider shall file with the Town Clerk
cash or a certified check to cover the full cost of the required improvements
in an amount set by the Planning Board. At the discretion of the Town
Board if in the best interests of the Town, this performance guarantee
may be in the form of a surety bond by a New York State authorized
surety, or an irrevocable letter of credit. Any such performance guarantee
shall be satisfactory to the Town Board, Town Engineer and Town Attorney
as to form, sufficiency, manner of execution and surety.
[Amended 1-22-2018 by L.L. No.
1-2018]
(1)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Town Engineer has been submitted indicating the location of all underground utilities as actually installed. The security shall not be released until such a map is submitted and the maintenance guarantee required by Subsection E(3) below has been filed.
(2)
If the subdivider does not substantially complete
the improvements within one year, the Town shall review the performance
guarantee amount and may update the amount and the required inspection
fees, if appropriate. The Town Board may allow partial reductions
in the amount of the performance guarantee as work is completed, if
so recommended by the Town Engineer upon inspection of completed improvements.
(3)
To ensure proper maintenance of the required improvements, the subdivider
shall file with the Town Board a maintenance guarantee in the form
of a cash bond, or, at the discretion of the Town Board if in the
best interests of the Town, a surety bond by a New York State authorized
surety, or an irrevocable letter of credit, in an amount equal to
10% of the full cost of the required improvements, to assure the satisfactory
condition of the initial public improvements for a period of one year
following their completion and acceptance by the Town Board.
F.
General liability insurance.
(1)
Procedure. The general contractor shall file with
the Town Attorney a general liability insurance policy at the same
time as he files his performance guarantee. The Town Board shall approve
the policy as to form. The policy shall be in force during the term
of the performance guarantee and shall be extended in conformance
with any extension of the performance guarantee.
(2)
Coverage. The policy shall insure the Town and the
general contractor and shall cover all operations in the development
involving existence and maintenance of property and buildings and
contracting operations of every nature, including all public improvements.
Said policy shall have limits of liability of $100,000 for bodily
injury to each person and $300,000 in the aggregate for each accident,
and property damage liability of $5,000 for each accident and $25,000
in the aggregate, or such higher limits as the Planning Board may
require.
G.
Supervision of construction. The construction of all
required improvements shall be supervised by the Town Engineer or
a registered professional engineer employed by the Town, who, after
completion of construction, shall certify to the Town Board and Planning
Board that all required improvements have been constructed as required
and approved by the Board or as modified by the Board.
H.
Inspections.
(1)
Routine inspection.
(a)
All improvements will be observed by the Town
Engineer and Highway Superintendent to ensure satisfactory completion.
In no case shall any paving (including prime and seal coats) work
be done without permission from the Town Engineer and Highway Superintendent.
At least five days' notice shall be given to the Town Engineer and
Highway Superintendent 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 and Highway Superintendent shall be notified after each of
the following phases of the work has been completed so that he or
his representative may inspect the work:
(b)
If the Town Engineer and Highway Superintendent
or other duly designated official does not carry out inspection of
required improvements during construction, the subdivider shall not
in any way be relieved of his 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 roads 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 guarantee
covering such improvements and utilities.
(3)
Inspection fee. Any applicant who has received subdivision
approval shall, prior to signing of the plat (unless another time
shall be fixed by the Planning Board), deliver to the Town a certified
or cashier's check to the order of the Town in an amount equal to
5% of the total cost of the required improvements, in order to cover
the expense of the Town inspecting the various public improvements
proposed on the subdivision plat. Said amount shall be deposited in
an escrow account from which the expenses of the aforesaid inspections
shall be deducted. The applicant, upon notification that the escrow
account at any time reaches $5,000 or less, shall replenish the fund
to ensure funds are available to cover the cost of inspections. If
the applicant fails to maintain a balance of at least $5,000 in the
escrow account, the Building Inspector shall not issue any further
building permits and/or certificates of occupancy. The amount so deposited
may, from time to time, be increased or reduced as circumstances dictate.
If, after the developer has received a satisfactory final inspection
report, there is money remaining in the escrow account, the same shall
be remitted to the applicant.
I.
Proper installation of improvements. If the Town Engineer
shall find, upon inspection of the improvements, that any of the required
improvements have not been constructed in accordance with plans and
specifications filed by the subdivider, he shall so report to the
Town Board, Building Inspector and Planning Board. The Town Board
shall then notify the subdivider and, if necessary, take all necessary
steps to collect the sum remaining payable under the performance guarantee,
and upon receipt of the proceeds thereof, the Town shall install such
improvements as are covered by such performance guarantee 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 Planning Board shall take into consideration the proposed type
of the development. No plat shall be approved by the Planning Board
as long as the subdivider or a principal in a subdivider's corporation
is in default on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements in §§ 83-22, 83-24 and 83-25 of this chapter, and notation to that effect upon the subdivision plat, the plat shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the subdivider in the office of the County Clerk. Any subdivision plat not filed or recorded within 62 days of the date upon which the plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void. Plats approved in sections shall comply with applicable provisions of § 276 of the Town Law.
B.
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 the plat is first resubmitted to the Planning
Board and the Planning Board approves such modifications. In the event
that any subdivision plat is recorded without complying with this
requirement, it shall be considered null and void, and the Planning
Board shall institute proceedings to have the plat stricken from the
records of the County Clerk.
A.
Public acceptance of streets. 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, easement,
or other open space on the subdivision plat.
B.
Every street shown on a plat that is filed or recorded
in the office of the County Clerk or Register as provided in this
chapter shall be deemed to be a private street until such time as
it has been formally offered for cession to the public and formally
accepted as a public street by resolution of the Town or, alternatively,
until it has been condemned by the Town for use as a public street.
C.
Ownership and maintenance of recreation areas. When
a park, playground, or other recreational area is shown on a plat,
the approval of the plat shall not constitute an acceptance by the
Town of the 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 subdivider
and the Town Board covering future deed and title, dedication, and
provision for the cost of grading, developments, equipment, and maintenance
of any such recreation area.
