This chapter shall be known and may be cited as the "Newburgh Land Subdivision Ordinance," referred to herein as "this chapter."
The purpose of this chapter is to provide rules, regulations and standards to guide land subdivision in the City of Newburgh in order to provide for the future growth and development of the City and afford adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population.
For the purpose of this chapter, the following words shall have the following meanings:
- The City of Newburgh, New York.
- CITY COUNCIL
- The Common Council of the City of Newburgh, New York.
- CITY ENGINEER
- The City Engineer of the City of Newburgh, New York.
- CITY PLANNING BOARD
- The City Planning Board of Newburgh, New York.
- COMPREHENSIVE DEVELOPMENT PLAN
- A composite of the mapped and written proposals recommending the physical patterns of development of the City which shall have been adopted by the City Planning Board.
- FINAL PLAT
- The final drawings, information and certificates presented to the City Planning Board for final approval and which, if approved, is filed in the County Clerk's office.
- LAND SURVEYOR
- A person registered or legally permitted to practice land surveying in the State of New York.
- OFFICIAL MAP
- A map which may be established by the City Council under § 26 of the General City Law, showing streets, highways and parks theretofore laid out, adopted and established by law and all changes and additions thereto made under the provisions of the general law.
- PRELIMINARY PLAT
- The preliminary drawing and information on the proposed subdivision submitted for preliminary approval.
- PROFESSIONAL ENGINEER
- A person registered or legally permitted to practice professional engineering in the State of New York.
- RECORD OWNER
- The recorded legal owner of the land proposed for subdivision who may or may not be the subdivider.
- The record owner of the land proposed to be subdivided or his agent.
- The division of any tract of land into two or more lots,
plats, sites or parcels for immediate or future sale or for building
development, with or without the creation of new streets, or highways,
for the purpose of sale, transfer of ownership, or development. The
term "subdivision" includes any alteration of lot lines or dimensions
of any lots or sites shown on a plat previously approved, mapped on
tax maps and filed in the office of the County Clerk.[Amended 1-10-2011 by Ord. No. 3-2011]
- SUBDIVISION, MINOR
- Any alteration of a lot line or dimensions of any existing
lot and subdivision of a parcel into no more than two lots on an improved
street.[Added 1-10-2011 by Ord. No. 3-2011]
- TIDAL WETLAND; FRESHWATER WETLAND
- Any area which meets one or more of the following criteria:[Added 1-10-2011 by Ord. No. 3-2011]
- A. Lands and waters of the state that meet the definition provided in § 24-0107, Subdivision 1, of the New York State Freshwater Wetlands Act ("the Act"; Article 24 and Title 23 of Article 71 of the Environmental Conservation Law) and have an area of at least 12.4 acres or, if smaller, have unusual local importance as determined by the Commissioner of the Department of Environmental Conservation of the State of New York pursuant to § 24-0301, Subdivision 1, of the Act. The approximate boundaries of such lands and waters shall be determined pursuant to § 24-0301, Subdivision 5, of the Act, or a map that has been amended or adjusted pursuant to § 24-0301, Subdivision 6, of the Act.
- B. All areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of hydrophytic vegetation as defined by the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 1989) prepared by the Federal Interagency Committee of the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Services, and USDA Natural Resource Conservation Service.
The provisions of this chapter are not intended to repeal, amend, abrogate, annul or in any way impair or interfere with any lawfully adopted ordinance, covenant, rule, regulation or standard. Whenever the rules, regulations and standards made under the authority hereof differ from those prescribed by any statute, ordinance or other regulation, that provision which imposes the greatest restriction or the highest standard shall govern.
The provisions of this chapter shall apply to the subdivision and resubdivision of land for any use or purpose involving lots, blocks or sites, with or without streets or highways and whether entirely or partially undeveloped.