Prior to application for a building permit, where required, site plan
development approval shall be secured in accordance with the following procedure:
A.Â
Sketch review (all site plans).
B.Â
Preliminary approval (major site plan).
C.Â
Final approval (all site plans).
D.Â
Application and review process:
(1)Â
Informal review with technical personnel. Before filing
a formal application in accordance with the procedure set forth in this article,
applicants are encouraged to meet with the Town's technical personnel,
including the Town Engineer, Building Inspector, Planning Consultant, Town
Attorney and Fire, Police and Health Departments, where appropriate, prior
to submitting a formal application for development. The purpose of the informal
meeting is to make the applicant aware of the specific requirements applicable
to the area or type of development being considered.
(2)Â
Complete application.
(a)Â
A complete application is required for the development
of any land. Said application, together with the required fees and all exhibits
required, shall be submitted to the Secretary of the Board. The Board shall:
(b)Â
An application shall be certified as complete immediately
upon the meeting of all requirements specified in this chapter and all rules
and regulations of the Board. It shall be deemed complete as of the day it
is so determined by the Board for purposes of the commencement of the time
period for action by the Board. If found to be incomplete, the application
shall be returned to the applicant with information as to what is lacking.
(c)Â
Prior to formal application to the Board, the applicant
shall submit to the Town Engineer, acting as technical staff to the Board,
the information required to meet the requirements of the New York State Environmental
Quality Review Act (SEQRA). Notwithstanding the time limits set forth herein,
final site plan approval shall not be granted until the SEQRA process has
been completed. The Board may hold a joint public hearing on the site plan,
whenever practicable. In the event that a final SEQRA determination has not
been made, final site plan approval shall not be granted.
(3)Â
Additional information. The Board may require such additional
information not specified in this chapter or any revisions in the accompanying
documents as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for lack of
any such additional information or any revisions in the accompanying documents
so required by the Boards.
(4)Â
Routing.
(a)Â
Zoning Board of Appeals. All complete applications requiring
Zoning Board of Appeals approval shall be referred to that Board by the Board.
(b)Â
Building Inspector. All complete applications for one-family
residential construction which is not in a floodplain or is not a historic
building or site shall be referred to the Building Inspector for action.
(c)Â
Board technical staff. All other applications for development
shall be forwarded by the Board to the Board technical staff for review.
(5)Â
Application contents, requests and submissions. All applications
for site development plan review and/or approval shall fulfill the following
requirements:
(6)Â
Fees. Upon the filing of an application for sketch review,
a fee shall be payable to the Town of Haverstraw in accordance with the Standard
Schedule of Fees as adopted by the Town Board and as amended periodically.
A.Â
General. The applicant, his agent or representative shall
appear at all regular meetings of the Board whenever the application is being
considered. Failure to appear shall give the Board the right to postpone action
on the application if the absence of the applicant or his agent deprives the
Board of information necessary to make a decision.
B.Â
Application for a major site development plan.
(1)Â
Preliminary approval.
(a)Â
If the application is found to be a major development,
the Board shall schedule a preliminary public hearing. The Town shall publish
a legal notice of preliminary public hearing, and the applicant shall bear
the cost of the publication of such notice of public hearing. The applicant
shall submit proof that he has met the requirements of the affidavit of public
notice, which proof shall include certified mail receipt and affidavit of
mailing. The applicant is required to notify property owners abutting the
property which is the subject of the site plan public hearing, including properties
which are across a public street or road from the subject site.
(b)Â
At the public hearing, the Board shall consider the application
as submitted, the recommendations and comments of all agencies to which the
application was referred and those of the public, and shall take action within
62 days of the closing of the public hearing or within such further extension
agreed to by the applicant. The Board shall either reject the application
for development, grant preliminary approval or grant conditional preliminary
approval.
(c)Â
The Town shall publish a legal notice of final public
hearing, and the applicant shall bear the cost of the publication of such
notice of public hearing. The applicant shall submit proof that he has met
the requirements of the affidavit of public notice, which proof shall include
certified mail receipt and affidavit of mailing. The applicant is required
to notify property owners abutting the property which is the subject of the
site plan public hearing, including properties which are across a public street
or road from the subject site.
(2)Â
Final approval.
(a)Â
The final plan shall incorporate all changes or modifications
required by the Board. The applicant shall note on the plan in a manner prescribed
by the Board that either no changes were required or specify the changes that
have been made and the reasons for the changes.
(b)Â
The Board shall act within 62 days of the closing of
the public hearing or within such further extension agreed to by the applicant.
Failure of the Board to act within the allocated time or a mutually agreed
upon extension shall be deemed to be favorable approval and the Town Clerk
shall issue a certificate to that effect.
C.Â
Application for preliminary and final approval. Combined
preliminary and final approval may be granted, provided that all submission
requirements for both approvals are met. The time limit within which the Board
shall act shall be the longest permitted for either of the two approvals.
D.Â
Application for a minor site development plan.
(1)Â
If the application is to be a minor development, the
Board shall schedule a public hearing. The Town shall publish a legal notice
of public hearing, and applicant shall bear the cost of the publication of
such notice of public hearing. The applicant shall submit proof that he has
met the requirements of the affidavit of public notice, which proof shall
include certified mail receipt and affidavit of mailing. The Board shall reject,
approve or conditionally approve the application within 62 days of closing
of the public hearing. The approval of the Board on a minor site development
plan shall be considered a final approval.
(2)Â
All submission requirements and procedures required for
a major development shall be required for a minor development.
B.Â
Sketch plan. All plans shall be based on accurate information
at a scale of not less than one inch equals 50 feet, unless otherwise noted,
and shall show the entire tract to be developed, giving the accurate location
of all existing and proposed property and street lines, and shall also show
or indicate the following information, unless waived by the Board:
(1)Â
Key map. A map at a scale of not less than one inch equals
600 feet showing the entire development, zone districts and its relation to
all features shown on the Official Map and Master Plan located within 1/2
mile of the extreme limits of the development.
(2)Â
Structures, wooded areas and topography. The location
and dimensions of existing and proposed buildings and structures, including
dimensions from all existing and proposed lot lines; wooded areas; all frees
more than six inches in diameter (measured four feet above the ground); and
the topography within the portion to be developed and within 100 feet thereof
at two-foot contours.
(3)Â
Owners. The name of the owner of the subject property
and all owners of property contiguous to and across existing or proposed streets
from the subject property as disclosed by the most recent municipal tax records.
(4)Â
Identity. The Tax Map sheet, block and lot numbers and
zone district.
(5)Â
Easements, watercourses and rights-of-way. The location
of existing or proposed streets, roads, easements, public rights-of-way, streams,
bridges, culverts, drainage ditches, natural watercourses, flood control basins,
floodways and floodplains (in and within 200 feet of the development).
(6)Â
Public areas. Any existing or proposed parks, municipal
lands, school sites, historic sites or other public areas shown on the duly
adopted Master Plan and/or Official Map.
(7)Â
Lots. The existing and proposed lot layout, lot dimensions,
all required setback lines and lot areas of each lot (in square feet). Lots
shall be by consecutive numbers for minor or major subdivisions until given
official lot number designations by the Town.
(8)Â
Date of original plan and any revisions, current plan
name (and the old plan name if submitted previously under a different title).
(9)Â
Any other information required by the Board.
C.Â
Information required for minor site development plans. If the sketch plan is being submitted for minor site development plan approval, it shall contain the information required under Subsection D and shall be a certified survey map drawn by a licensed New York land surveyor. The plan shall provide for endorsement by the Chairman of the Board.
D.Â
Plan submitted for preliminary approval. The plan shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 50 feet. Contour maps and preliminary construction plans, including road profiles and utility plans, shall be submitted as part of the preliminary plan. Separate maps may be required by the Board for topography, utilities and/or road details. A soil erosion and sedimentation control plan and a grading plan shall be included. The plan shall be designed in compliance with the applicable provisions of Subsections B and C and shall show or be accompanied by the following information:
(1)Â
Key map. A map at a scale of not less than one inch equals
600 feet showing the entire development, zoning district and its relation
to all features shown on the Official Map and Master Plan located within 1/2
mile of the extreme limits of the development.
(2)Â
Lots. Lot layout, lot dimensions, all required setback
lines and individual lot areas in square feet and acreage. Lots shall be designated
by consecutive numbers until given an official lot number designation by the
Town Tax Assessor.
(3)Â
Other contents. The plan name, Tax Map sheet and date
(if revision), block and lot numbers, date of plan preparation, scale, graphic
scale and the following names and addresses:
(4)Â
Acreage. Acreage of tract to be developed to nearest
hundredth of an acre.
(5)Â
Elevations and contours. Sufficient elevations and contours
at two-foot vertical intervals to determine the general slope and the natural
drainage of the land and the high and low points for the entire tract and
for a distance of 100 feet from the tract boundary. All elevations shall be
based on United States Geological Survey datum.
(6)Â
Existing and proposed features. The site development
plan shall show the location of all existing and proposed features, including
but not limited to property lines, streets, buildings, structures, parking
areas, driveways, curb cuts, watercourses, railroads, easements, bridges,
culverts, drainpipes, sanitary sewers, water mains, gas mains, power lines
and any natural features such as wooded areas, trees over six inches in diameter
(measured four feet above the ground) and rock formations. This data shall
be determined by field and/or photogrammetric survey.
(7)Â
Streets. Preliminary plans and profiles at a scale of
not less than one inch equals 50 feet horizontally and one inch equals five
feet vertically, including cross sections every 50 feet or as specified by
the Town Engineer of all proposed streets, curbs, gutters and/or sidewalks
within the development and proposed connection with existing or future continuing
streets. The radii distances of all street lines shall be shown.
(8)Â
Sewers, drains and ditches. Preliminary plans and profiles
at a scale of one inch equals 50 feet horizontally and one inch equals five
feet vertically of all proposed and existing sanitary sewers, storm drains,
drainage ditches and streams within the development, together with the locations,
sizes, elevations, grades and capacities of any existing sanitary sewer, storm
drain, drainage ditch or stream or watercourse to which the proposed facility
shall be connected. When brook or stream channel improvements are proposed
or required, the plans shall be approved by the New York State Department
of Environmental Conservation and the Board, where applicable.
(9)Â
Setback lines. All front, rear and side yard lines shall
be shown for all lots.
(10)Â
Deed restrictions. A copy of any existing and proposed
covenants or deed restrictions applying to the land being developed shall
be submitted with the preliminary plan to the Board.
(11)Â
Open space. Any open space proposed to be dedicated for
public use, playgrounds or other public purpose shall be shown on the plan.
(12)Â
Support capability. When deemed necessary to determine
the suitability of the soil to support new construction, the Board shall require
test holes or borings to be made by a New York-licensed engineer or an approved
testing laboratory at the expense of the applicant and under the direction
of the Town Engineer.
(13)Â
Parking. Indicate parking, loading docks, loading and
unloading areas with dimensions, traffic patterns, access aisles, curb radii
and bumpers.
(14)Â
Solid waste. Indicate location and design of existing
and proposed methods of solid waste storage and disposal.
(15)Â
Landscaping and buffering. Indicate what will remain
and what will be planted. Indicate common names of plant species, dimensions
and spacing, approximate time of planting and maintenance plans.
(16)Â
Lighting. Indicate types of standards and fixtures, locations,
radii of light and intensities in footcandles.
(17)Â
Signs. Indicate location, dimensions and details.
(18)Â
Off-site improvements. When the development is contingent
upon improvements outside the boundaries of the lot or tract to be developed,
certification shall be supplied by the applicant, prior to the Board's
consideration, that the improvements have been agreed to by the owner of the
land on which such improvements are to be made.
E.Â
Final plan. The final plan and all final plans and profiles
of improvements and other original exhibits shall show or be accompanied by
the following, where applicable, in addition to the required submissions for
preliminary approval:
(1)Â
Identification. Date, name and key map of the development,
name of owner, scale and graphic scale. The final plan shall be drawn at a
scale of not less than one inch equals 50 feet.
(2)Â
Survey data. Tract boundary lines, rights-of-way lines
of streets, easements, land to be reserved or dedicated to public use and
all lot lines with accurate dimensions. Where appropriate, the bearings, distances,
arc lengths, central angles, tangents and radii of all curves and lot lines
and areas of each lot in square feet shall be shown.
(3)Â
Public use. The purpose of any easement or land reserved
or dedicated for public use shall be indicated.
(4)Â
Block and lots. All section, block and lot numbers shall
be fixed by the Town Assessor.
(5)Â
Monuments. Location and description of all required monuments
shall be shown.
(6)Â
Consent of owner. Certification that the applicant is
agent or owner of the land or that the owner has given consent to file said
plan.
(7)Â
Approval. When approval of a plan is required by any
agency, whether municipal, county or state, approval shall be certified on
the plat.
(8)Â
Agreements. Agreements providing for ownership of common
areas, including the perpetual maintenance and continuance of ownership.
A.Â
General procedure. An application for approval of a preliminary site development plan shall fulfill the requirements listed in § A173-8 above. After the Board has reviewed the preliminary site development plan and preliminary site improvements and discussed them with the applicant, a report will be sent to the applicant indicating any required changes and additions. Upon completion of the changes and additions by the applicant to the satisfaction of the Board, a public hearing may be set.
B.Â
Public hearing. Upon revision of the preliminary plat
to the satisfaction of the Board, the Board may call a public hearing pursuant
to § 274-a of New York State Town Law. The Town shall submit a legal
notice of public hearing as required by the Town Law and shall maintain file
copies of the plat and construction plans for public review prior to the hearing,
and the applicant shall bear the cost of the publication of such notice of
public hearing. The applicant shall submit proof that he has met the requirements
of the affidavit of public notice, which proof shall include certified mail
receipt and affidavit of mailing. The applicant is required to notify property
owners abutting the property which is the subject of the site plan public
hearing, including properties which are across a public street or road from
the subject site.
C.Â
Determination. At the public hearing, the Board shall
give an opportunity to any interested persons to examine or comment upon the
preliminary site development plan and preliminary site improvements. After
the public hearing, the Board shall, within 62 days of the public hearing,
approve, modify or disapprove the preliminary application by resolution, which
shall set forth in detail any conditions to which the approval is subject
or reasons for disapproval, pursuant to § 274-a of the Town Law.
D.Â
Revision of preliminary site development plan.
(1)Â
Based upon the above resolution, the applicant shall
have the preliminary site development plan revised. This may require correcting
and completing the preliminary site development plan in final form or redrawing
a new map.
(2)Â
In the event of approval or modification, a final site
development plan should be prepared exactly as the approved preliminary site
development plan, except for any changes required by the Board. The preliminary
site improvements shall also be completed in final form as required by the
Board.
(3)Â
In the event of disapproval, the applicant may initiate
the preliminary site development plan review procedure from any step, as determined
by the Board, or discontinue the application.
E.Â
Tenure and extensions of Board approval. The approval
of a preliminary plat shall be effective for a period of six months from the
date that the resolution of approval is adopted. The Board may, however, extend
such approval for an additional six-month period, if requested, in a manner
prescribed by the Board, at least four weeks prior to the expiration of the
original approval. At the time extension of approval is requested, the applicant
shall submit, if applicable, 16 revised copies of the preliminary plat showing
any changes within or adjacent to the holdings covered by the plat and shall
also indicate whether there has been any final site development plan approval
affecting any part of the applicant's holdings. If such request is not
received, then the tentative approval of the preliminary plat shall be deemed
to have expired.
A.Â
Public hearing and determination.
(1)Â
Upon receipt of formal application and all accompanying
material, the Board shall call a public hearing pursuant to § 274-a
of the New York State Town Law. Site plans shall be scheduled for the public
hearing in the order of their receipt. The Town shall publish a legal notice
of final public hearing and shall maintain file copies of the site plan for
public review prior to the hearing, and the applicant shall bear the cost
of the publication of such notice of public hearing. The applicant shall submit
proof that he has met the requirements of the affidavit of public notice,
which proof shall include certified mail receipt and affidavit of mailing.
The applicant is required to notify property owners abutting the property
which is the subject of the site plan public hearing, including properties
which are across a public street or road from the subject site.
(2)Â
Public hearing and resolution approving or disapproving
application. At the public hearing, the Board shall give an opportunity to
any interested persons to examine or comment upon the site plan. After the
public hearing, the Board shall, within 62 days of the public hearing, approve,
modify and approve or disapprove the site plan application by resolution,
which shall set forth in detail any conditions to which the approval is subject
or reasons for disapproval, pursuant to § 274-a of the Town Law.
B.Â
Revision of final site development plan. Based upon the
above-noted resolution, the applicant shall have the final site development
plan revised. This may require correcting and completing the submitted plan
in final form or drawing a new map. The final site plan should be exactly
the same as approved by the Board.
C.Â
Submission and review of revisions. After completion
of the final site plan in accordance with the Board's resolution, six
copies shall be submitted to the Town Engineer and Planting Consultant for
final review. No final approval shall be endorsed on the site plan until a
review has indicated that all requirements of the resolution have been met.
D.Â
Performance bond. The Board's approval shall also
describe the amount of the performance bond to be submitted by the applicant.
The amount of the bond shall be established by the Board based upon the recommendation
of the Town Engineer, subject to the approval of the Town Board.
Exhibits for review at final must comply with the same conditions and
requirements as at preliminary unless modified by resolution, except that
the location and vicinity maps should reflect any changes or modifications,
and the final site plan shall include the information in Subsections A and
B.
A.Â
General information to be added on final site plan.
(1)Â
Space for map notes and certifications.
(2)Â
Formal offer of dedication shall be provided on the site
plan to read as follows: "The owner hereby irrevocably offers for dedication
to the Town of Haverstraw any public streets, easements, parks or required
public utilities within the map or on the construction drawings."
(3)Â
Rockland County Health Department, and all other municipal,
county and state agencies, approval when so required by that agency.
(4)Â
Required standard map notes.
B.Â
The preliminary map shall be revised to incorporate all
changes required by the Board after its decision granting preliminary approval.
The additional following requirements shall be met:
(1)Â
The stormwater drainage plan, with location, dimensions
and elevations of pipes, ditches, catch basins and outflow, to the satisfaction
of the Town Engineer.
(2)Â
Three sets of erosion control plans to the Town Engineer,
accompanied by an erosion control plan and review fees.
(3)Â
Proposed location of hydrants.
(4)Â
Location of proposed sewer facilities, with manholes,
pipes, sizes and gradients indicated, all subject to the requirements of the
Town sewer consultant with approval secured through the Town Engineer.
(5)Â
Circulation patterns keyed to requirements for traffic
arrows and parking spaces to be marked in reflecting paint, including loading
areas.
(6)Â
The location and widths of pavements, curbs, sidewalks
and traffic islands.
(7)Â
Location of buffering, screening and landscaped areas
for building, parking, recreation and other facilities.
(8)Â
Proposed location of all outdoor lighting fixtures (small
drawing, in elevation) and the required map note to assure prevention of glare
beyond property boundaries.
(9)Â
All other utilities which shall be installed underground,
such as the location of meters, transformers and other equipment, in accordance
with the requirements of the Town Engineer
(10)Â
Proposed location of all signs, including descriptions
of size, location and coloration (subject to separate permit process), and
building identification signs.
(11)Â
Notation that a landscape plan has been approved, and
a copy of the landscaping plan approved and endorsed by the Town Shade Tree
Commission, shall be furnished for the office file.
(12)Â
Applicant shall provide deeds and reproducible maps on
Mylar whenever the Board and Town Board has made the necessary resolutions
to allow for acquisition of land for park or other municipal purposes.
(13)Â
Provision for solid waste disposal, including container
locations and access to such locations by sanitation trucks.
(14)Â
Meters, utility cabinets and associated facilities shall
be screened if so determined by the Board.
(15)Â
All leader, footing and other drains and cleanouts, including
elevation data, and theft locations and materials shall be shown subject to
review and approval by the Town Engineer.
C.Â
Revision of final site development plan. Based upon the
above-noted resolution, the applicant shall have the final site development
plan revised. This may require correcting and completing the submitted plan
in final form or drawing a new map. The final site plan should be exactly
the same as approved by the Board.
D.Â
Submission and review of revisions. After completion
of the final site plan in accordance with the Board's resolution, six
copies shall be submitted to the Town Engineer and Planning Consultant for
final review. No final approval shall be endorsed on the site plan until a
review has indicated that all requirements of the resolution have been met.
E.Â
Performance bond. The Board's approval shall also
describe the amount of the performance bond to be submitted by the applicant.
The amount of the bond shall be established by the Board based upon the recommendation
of the Town Engineer, subject to the approval of the Town Board.
A.Â
The Chairman of the Board shall endorse approval on the
site plan after the bond has been approved by the Town Board and all the conditions
of the resolution of approval and the requirements of this chapter pertaining
to the site plan have been satisfied.
B.Â
Number of copies to be signed. The Chairman shall sign
the tracing cloth original of the site plan (which shall be returned to the
applicant) and 10 prints of the site plan.
C.Â
Site plan void if revised after signature. No changes,
erasures, modifications or revisions shall be made in any site plan after
approval has been given by the Board and endorsed, in writing, on the site
plan.
D.Â
Submission of copies. The applicant shall submit 16 revised
copies of the final site plan to the Secretary of the Board within 14 days
of the date of the signing of the map by the Chairman.
A.Â
A final site plan approval shall be valid for a period
of 18 months unless a building permit has been issued.
B.Â
The approval of a final site plan shall be effective
for a period of three years from the date the resolution of approval is adopted
by the Board. If at the end of the three-year period the applicant has not
completed construction, his final site plan approval shall automatically expire.
In the event of expiration, the applicant must reapply for site plan approval
pursuant to this chapter.
C.Â
In situations where the above time limit expires but
the applicant has completed at least 33% of his construction and the work
on the project is in progress, the Board may, in its discretion, grant an
extension to enable the applicant to complete construction. Said extension
shall be for a period not to exceed one year.
D.Â
Prior to the granting of an extension, the Board may
request the applicant to alter or modify his site plan.
E.Â
In the event that the applicant fails to commence construction
within the three-year period, the final site plan approval shall automatically
expire. In such instances, the Board cannot grant an extension on the site
plan, and the applicant must reapply pursuant to this chapter. In so reapplying,
the applicant must adhere to the regulations in effect at the time of reapplication.
The provisions for reimbursement of expenses in § 167-8.1 shall also apply to this chapter.
A.Â
General landscaping and erosion and sedimentation control
requirements and environmental review. Pursuant to the provisions of § 274-a
of the New York State Town Law and this chapter, the Board is authorized to
adopt rules and regulations pertaining to the incorporation of landscape materials
in any application requiring site development plan approval and for control
of erosion and sedimentation.
B.Â
Landscaping and erosion and sedimentation control. The
minimum landscaping requirements and erosion and sedimentation controls for
any use requiring site development plan approval are a general guide only
and may be waived or varied by the Board where, due to special characteristics
of the development site, the proposed use, surrounding area or buildings and
structures, such changes are necessary to ensure compatibility and conformance
with other standards or criteria of this chapter.
C.Â
State environmental quality review. The provisions of
the State Environmental Quality Review Act (SEQRA) shall be complied with.
Fees for SEQRA processing are in addition to other fees required by this chapter.
D.Â
Site maintenance. It shall be the duty of every property
owner to maintain theft property in conformity with the approved site development
plan. Failure to do so shall constitute a violation of this chapter.