Town of Tuxedo, NY General Procedures

Editor's Note: See Ch. 98, Zoning.

The following is an outline of the process of land subdivision and development approval:

Preapplication discussion.

Preparation and review of the land development plan.

Approval by the Planning Board of the land development plan and preparation by the applicant of the preliminary subdivision plat.

Review and public hearing on the preliminary plat.

Approval with or without conditions of the land development plan and preliminary plat.

(f)

Preparation of final plat based on the land development plan and approved preliminary plat.

(g)

Review and public hearing on final plat (the second public hearing may be waived pursuant to § 276 of the Town Law).

(h)

Approval or conditional approval of the final plat.

(i)

Completion of conditions attached to final approval and bonding/construction of improvements.

(j)

Signing and filing of the final plat and obtaining of building permits.

An abbreviated procedure is authorized for bulk land transfers (for which no building permits are sought prior to further review by the Planning Board) and for minor subdivisions.

Application to developments other than subdivisions.

Site development plan approval pursuant to the Zoning Local Law[2] shall constitute the approval of the land development plan for nonresidential subdivisions and planned integrated developments. Such subdivisions or planned integrated developments shall be processed for plat approval in accordance with § 85-10, 85-11 or 85-13 herein, as applicable.

Editor's Note: See Ch. 98, Zoning, § 98-20.

For the purposes of obtaining building permits on existing lots of record as of the date of adoption of these regulations, a survey plot plan showing accurate house locations and underground utilities, and well and sanitary improvements meeting the requirements of zoning, shall be deemed a land development plan in accordance with § 85-38C.

Sequence of procedures. When any subdivision of land is proposed to be made for the purposes of obtaining a building permit or for sale or lease of parcels of property in which the seller warrants or implies that a building permit may be obtained upon such property, and to avoid the violation of § 334 of the Real Property Law and § 136 of the Highway Law, before any contract for the sale of land or offer to sell such subdivision or part thereof is made or any grading, clearing, construction or other improvement is undertaken therein, the subdivider or his duly authorized agent shall apply for approval of such proposed subdivision in accordance with the following procedures:

Preapplication discussion. Persons planning to submit subdivisions for Planning Board review are encouraged to meet with the Board prior to making any application to discuss their proposals and familiarize themselves with the required procedures and proper forms to be utilized. Such persons are also encouraged to discuss the provision of water supply, sewage disposal and other necessary or desirable street improvements with the Health Department, Superintendent of Highways, Engineer and other departments and agencies having jurisdiction. Particular attention should be paid to the requirements of the Orange County Department of Health, which must separately approve any subdivision, and to the New York State Department of Transportation, which must approve all accesses to state highways. When an applicant for subdivision approval is also seeking preliminary plan of a planned integrated development under § 98-23G(3) of Ch. 98, Zoning, these preapplication discussions, if any, may be carried on between the applicant and the Planning Board when the Planning Board is reviewing the preliminary plan of the planned integrated development.

Preparation of the land development plan. Formal application for land development plan approval shall be upon the forms prescribed by the Planning Board and shall be accompanied by the land development plan meeting the requirements set forth in § 85-27. The application shall be submitted at least 10 days prior to the date of the regular Planning Board meeting. The fee for the land development plan application shall be in accordance with the Standard Schedule of Fees for the Town of Tuxedo.[3]

Editor's Note: See Ch. 48, Fees.

Receipt of land development plan. At the first regular meeting of the Planning Board, the Chairman of the Planning Board shall certify in the minutes of the Board that the application contains the information and is in proper order for review by the Board and shall be formally receipted for. Where the Chairman finds that the application is not in order, this fact shall be entered in the minutes and the application returned; however, a service fee of 5% of the application fee shall be retained.

Study of the land development plan. Following receipt of the application and land development plan in proper form, the Planning Board shall, within 45 days, determine whether the proposed development is consistent with the Master Plan, the Zoning Local Law[4] and these regulations. Where the Board deems necessary, recommendations may be made in the form of written critique or suggested alternative plans.

[4]

Editor's Note: See Ch. 98, Zoning.

Changes to land development plan. Upon receipt of the review of the land development plan, the applicant shall prepare revisions necessary to conform to the requirements of these regulations. Where conflicts occur, the applicant shall fully justify deviations from the requirements set forth in the initial review.

Preliminary approval of land development plan. Upon preliminary approval of the land development plan, the Planning Board shall authorize the preparation of a preliminary subdivision plat meeting the requirements of § 85-29.

(7)

Public hearing on the land development plan and preliminary plat. On receipt of the application, land development plan and preliminary subdivision plat at a regular meeting of the Planning Board, the Planning Board shall schedule a public hearing as required by § 276 of the Town Law. When an applicant for approval of a preliminary plat has received special permit approval from the Town Board for development of land, part or all of which is included in the land described in the preliminary plat, he may file with his application all information required for approval of a site plan under § 95-23G(5) of Ch. 98, Zoning, and request that the Planning Board combine the hearings required for the preliminary plat approval and site plan approval.

(8)

Approval of the preliminary plat. The Planning Board shall take action within 45 days after the public hearing in accordance with § 276 of the Town Law. Approval, with or without conditions, or disapproval shall apply to both the land development plan and the preliminary plat.

(9)

Approval of the final plat. Within six months of the approval of the land development plan and preliminary plat, the applicant shall prepare a final subdivision plat conforming to the preliminary plat approval. The Planning Board, on receipt of the application, the final land development plan and the final plat for those areas to be developed under any phasing plan, shall within 45 days schedule a public hearing, in accordance with § 276 of the Town Law. Within 45 days of such hearing, the Board shall take action to either approve, conditionally approve, with or without modification, or disapprove such final plat. A condition of approval of all final plats is that the land development plan for the entire parent parcel shall be recorded at the Orange County Clerk's office and incorporated by reference on the final plat, constituting a binding covenant on the future development of such parent parcel.

Approval of partial development final plats. Where the final plat is subject to a phasing plan for partial development of a land development plan, subsequent final plats pertaining to the parent parcel may be filed at any time and shall be accommodated in the same manner as the initial final plat. However, all such subsequent plats shall be subject to public hearing.

§ 85-9 Application for land development plan approval for major subdivisions.

Application and fee. Prior to filing an application for subdivision approval, the developer shall file an application for consideration of a land development plan of the proposed development on the forms prescribed in Appendix One[1] together with the information required by § 85-27. The application shall be accompanied by a fee in accordance with the Standard Schedule of Fees of the Town of Tuxedo.[2]

Editor's Note: Copies of Appendix One, and the application forms prescribed therein, are available in the office of the Town Clerk.

Editor's Note: See Ch. 48, Fees.

Purpose; modification.

The land development plan and supporting documents constitute the material to be officially submitted to the Planning Board and shall become the binding plan for the future development of the parcel under application. The plan establishes the permitted number of dwellings pursuant to Article IV of the Zoning Local Law[3] and provides definitive sites for the principal and accessory uses of land. The land development plan also allows for reservation of lands for future road and utility systems, for preservation of open space, control of runoff and drainage systems and establishes the most desirable use of land for the protection of the public health, general welfare and safety.

Editor's Note: See Ch. 98, Zoning.

The land development plan provides for coded information on the suitability of the site for development and the optimum means for achieving the goals of the community in protecting the environment of the Town's present and future citizens. The land development plan provides for a systematic review and basis for designing the total development of the parcel.

The land development plan may be modified or revised during the process of preliminary subdivision plat or final subdivision plat processing; however, upon filing of the land development plan as a condition of final subdivision plat approval, such plan shall constitute the minimum requirements or least restrictive system of development on the parcel so covenanted. Under the terms of such covenant, the land development plan may be modified to provide for a more restrictive system of development by action of the applicant or pursuant to changes in zoning in accordance with § 265-a of the New York State Town Law. A less restrictive system of development must be agreed to by at least 50% of all parties in interest, other than the applicant, as defined in such covenants.

Number of copies. The applicant for approval of the land development plan, complete with five copies of the plan and supporting materials, accompanied by the required fees, shall be filed with the Secretary of the Planning Board at least 10 days prior to a regular monthly meeting of the Board.

Receipt for application. The application shall be examined for completeness and proper form and shall either be receipted for at the next regular meeting following filing or shall be returned to the applicant with a description of the missing or improper information.

Developer to attend Planning Board meeting. The developer or his duly authorized representative shall attend the meetings of the Planning Board to discuss the land development plan. The Planning Board shall refer said plan to its consultants and the Conservation Advisory Council for report thereon.

Study of the land development plan. The Planning Board shall study the practicability of the land development plan, taking into consideration the requirements of the community and the best use of the land being developed. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, development sites and arrangement, the future development of adjoining lands as yet undeveloped and the requirements of the Master Plan, Official Map and Zoning Local Law.[4]

[4]

Editor's Note: See Ch. 98, Zoning.

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 Regional Office of the New York State Department of Transportation. If the site lies within 500 feet of an existing or proposed county or state road, drainage easement, institution or park or within 500 feet of a municipal boundary, a copy of the submission shall be forwarded to the Orange County Department of Planning. The applicant will provide additional copies of materials for each such referral.

Report by the Planning Board and referral agencies. The Planning Board shall provide the applicant with a report of its review of the proposed land development plan, together with comments of any agencies to which such plan was referred, within a reasonable period of time after receipt, such period not to exceed 45 days. Such report may include alternative design proposals and comments on design elements not meeting the requirements set forth in Subsection F. Within 45 days of such report by the Planning Board, the applicant shall provide the Board with revised plans or detailed explanations of those elements not amenable to redesign or revision.

Approval of land development plan. The Planning Board shall review the revised plans or resubmitted materials and may grant approval of the land development plan. The land development plan may be modified at any point in the review process prior to final approval of subdivisions. Where the Planning Board finds the proposed land development plan inconsistent with the requirements for development in the Town of Tuxedo, the Board may waive further deliberation on the land development plan and authorize the applicant to proceed with a preliminary subdivision plat. In waiving further review of the land development plan, the applicant may prepare a preliminary subdivision application upon which a revised land development plan may later be based. Failure to complete the land development plan shall be basis for denial of final subdivision approval, as no final subdivision plat may be filed prior to recording and covenanting land through a land development plan. No application before the Board shall be denied without the required public hearing as set forth in § 85-8C(7).

§ 85-10 Preliminary plat for major subdivisions.

Application and fee. The subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision in the form described in § 85-29. The preliminary plat shall comply with the requirements of §§ 276 and 277 of the Town Law and Article III of these regulations, except where a waiver may be specifically authorized by the Planning Board. The Planning Board may permit the application for approval of a preliminary plat of a tract of land that contains less than the entire parent parcel or parcel for which special permit approval has been received for a planned integrated development under the Zoning Local Law.[1] The fee shall be as set forth in the Standard Schedule of Fees for the Town of Tuxedo.[2]

Editor's Note: See Ch. 98, Zoning.

Editor's Note: See Ch. 48, Fees.

Purpose; revision; key map.

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

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

The preliminary layout shall serve as a key map to subdivisions subsequently laid out in sections on final plats.

Number of copies. The application for approval of the preliminary plat, complete with five copies of the preliminary plat and accompanied by the required fee and all data required by § 85-29 of these regulations, shall be filed with the Secretary of the Planning Board at least 10 days prior to a regular monthly meeting of the Planning Board. A proposed submission which does not include all the required drawings and documents will not be accepted for filing.

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.

Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. The Planning Board will consider the consistency of the preliminary plat to the approved land development plan or, in the case of an applicant who has received a special permit for planned integrated development under the Zoning Local Law,[3] the consistency of the preliminary plat to the plan which received special permit approval.

Editor's Note: See Ch. 98, Zoning.

Endorsement of state and county agencies. If the site borders a county or state road, copies of the preliminary plat shall be forwarded to the Orange County Department of Public Works and/or the 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 existing or proposed county or state road, drainage easement, institution or park or within 500 feet of a Town boundary, a copy of the preliminary submission shall be forwarded to the Orange County Department of Planning not less than 10 days prior to a hearing so that its comments may be returned and read into the minutes of the public hearing.

Referral. If the preliminary plat for subdivision of land occurs within 500 feet of the Town boundary, a copy of the preliminary plat shall be sent by the Planning Board Secretary to the appropriate Town official of the adjoining community. Any written communication will be considered if received prior to the public hearing date on the preliminary plat.

Preliminary public hearing. The Planning Board must hold a public hearing within 45 days after the receipt of such plat by the Secretary of the Planning Board. The hearing must be advertised at least once in a newspaper of general circulation in the Town at least five days before it is held and by posting notice thereof, and the applicant shall cause notice by certified mail to the owners of property abutting the proposed subdivision and directly across any adjoining street and to any other persons whom the Board may deem to be particularly affected. The applicant shall provide certified mail return receipts as proof of such notification.

Approval of preliminary plat.

The Planning Board shall take action within 45 days after the hearing required on such plats to approve, with or without modifications, or disapprove the preliminary plat. This time may be extended upon mutual consent of the subdivider and the Planning Board.

When approving a preliminary plat, the Planning Board must state in writing the modifications, if any, it deems necessary for submission of the plat in final form with respect to;

The specific changes which it will require in the preliminary plat.

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, morals and general welfare.

The categories of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat.

The action of the Planning Board plus any conditions attached thereto shall be noted on three copies of the preliminary plat. One copy shall be returned to the subdivider, one retained by the Planning Board and one forwarded to the Town Board, through the Town Clerk.

Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations and the conditions of the approval of the preliminary plat, if any. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.

In the event that the Planning Board fails to act on a preliminary plat within the time noted, the plat shall be deemed granted preliminary approval, and the certificate of the Town Clerk as to the date of submission and the failure of the Planning Board to act on the plat must be issued on demand: This certificate is sufficient in lieu of any other evidence of approval of the preliminary plat.

Expiration of approval. Planning Board approval of a preliminary layout submission shall expire six months after the date of such formal action. No Planning Board action will be taken after such expiration until a new application and filing fee are submitted. A waiver for a reasonable period of time may be given in cases of hardship upon petition to the Planning Board.

§ 85-11 Final plat for subdivisions.

Application for approval and fee. 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, upon forms available from the Secretary of the Planning Board. All applications for plat approval for subdivisions shall be accompanied by a fee in accordance with the Standard Schedule of Fees.[1] If a final plat is submitted for only a portion of the subdivision shown on the approved preliminary plat, an additional filing fee shall be paid for each final section submitted after the first final section is approved.

Editor's Note: See Ch. 48, Fees.

Purpose; recording of plat.

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

The land development plan must be recorded at the County Clerk's office. On evidence of recording, the final plat may be signed and filed. An unrecorded plat is not a valid basis for site improvements or other commitments which depend on its design characteristics.

The final plat shall be an accurate survey record of the properties resulting from the subdivision.

Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Secretary of the Planning Board with three copies of the application and five copies of the plat, the original and one true copy of all offers of cession, covenants and agreements, letters from appropriate agencies, utilities and boards having jurisdiction and three prints of all construction drawings at least 10 days in advance of the regular monthly Planning Board meeting at which it is to be officially submitted. At the same time, if he intends to request any waiver of the requirements of standards provided for in these regulations in connection with final plat approval, a statement applying for such waiver shall be filed with the final plat submission.

Time of submission. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 85-30 of these regulations, has been filed with the Secretary of the Planning Board.

Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Orange County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all required Town, county and state agencies. Endorsement and approval by the Orange County Department of Health shall be secured by the subdivider before official submission of the subdivision plat. Certified copies of permits signed by the responsible official of the State Highway Department or the Orange County Superintendent of Highways approving proposed construction and/or discharge on state or county rights-of-way shall be submitted.

Performance bond estimate. The Town Engineer shall prepare a performance bond estimate (seven copies) to be submitted along with his recommendations on the final plat.

Public hearing. A public hearing shall be held on the final plat by the Planning Board within 45 days of its submission. Notice of the hearing must be published at least once in a newspaper of general circulation in the Town at least five days before the hearing and by posting notice thereof by certified mail to the owners of property abutting the proposed subdivision and directly across any adjoining street and to any other persons whom the Board may deem to be particularly affected. The applicant shall provide certified mail receipts as proof of such notification. However, when the Planning Board deems the final plat to be in substantial agreement with an approved preliminary plat (and modified in accordance with the requirements of the approval given to the preliminary plat if the preliminary plat was approved with modification), the Planning Board may waive the requirement for the public hearing on the final plat.

Action on proposed subdivision plat. The Planning Board shall, within 45 days of the date of the public hearing on the subdivision plat, if one is held, or within 45 days after the receipt of the final plat by the Secretary of the Planning Board if no hearing is to be held, approve, disapprove or conditionally approve with or without modifications the final subdivision plat and shall specify in writing its reasons for any such refusal. Provision may be made for extension of this time by mutual consent of the subdivider and the Planning Board. In the event that the required hearing is not held or if the Planning Board fails to disapprove the plat within the 45 days prescribed above, the plat shall be deemed approved as submitted. If the plat is approved, the subdivider shall carry out the following steps prior to obtaining the Chairman's signature of approval:

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

Obtain a performance bond in the amount of the bond estimate and a general liability insurance policy and submit them to the Town Attorney for approval as to form, in accordance with § 85-14.

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

Five paper prints.

Two opaque cloth litho prints.

One tracing cloth litho print, the original drawing and three paper prints of the corrected public improvement and utilities plan and profiles.

Two opaque cloth litho prints of the land development plan.

Three paper prints of the land development plan.

Record one copy of the land development plan and required covenants with the County Clerk's office and provide the Planning Board with certification of same.

Pay the required inspection fee at the Building Inspector's office and present the Chairman with receipts therefor.

Effects of conditional approval. Upon resolution of conditional approval of such final plat, the Planning Board shall empower the Chairman to sign the plat subject to completion of the requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Secretary of the Planning Board as conditionally approved and a copy filed in his office, and a certified copy shall be mailed to the owner, including a certified statement of such requirements as, when completed, will authorize the signing of the conditionally approved plat. Upon completion of such requirements and those set forth in Subsection H, the plat shall be signed by the Chairman. Conditional approval of a final plat shall expire within 180 days after the date of the resolution granting approval unless such requirements have been certified as completed. The Planning Board may, by resolution, extend the time in which a conditionally approved plat in final form must be submitted for signature if, in its opinion, such extension is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each.

§ 85-12 Filing of approved subdivision plat.

Final approval and filing (major subdivision). Upon completion of the requirements in § 85-11 and notation to that effect upon the subdivision plat and the approved public improvements and utility plan profiles, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) and the Town Engineer.

[Amended 2-10-1993 by L.L. No. 1-1993]

Distribution. After the Planning Board Chairman signs his approval, the documents shall be distributed by the Planning Board in the following manner:

Subdivider: all original final plat drawings, the two opaque cloth litho subdivision plans to be filed by the subdivider in the Orange County Clerk's Office. Final plat drawings for filing shall not be returned by the Board until certification of filing of the land development plan is received.

Building Inspector: one final plat and public improvement paper print.

Tax Assessor: one final plat paper print and one paper land development plan print.

Town Clerk: one opaque polyester or cloth litho print from the Orange County Clerk's office showing official file date and one paper print land development plan.

Town Engineer: one paper print each of the final plat and the public improvement and utilities plan and profiles.

Town Superintendent of Highways: one paper print each of the final plat and the public improvement plan.

(7)

Planning Board: one tracing cloth litho print and one paper print of the final plat and the public improvement and utilities plan and profiles; one opaque cloth litho print and one paper print of the land development plan.

Expiration of approval.

The final approval of a final plat or the certificate of the Town Clerk as to the failure of the Planning Board to act within the time required by law shall expire within 60 days after the date of the Planning Board resolution authorizing the Chairman to sign the drawings (or from the date the certificate is issued), unless filing of the plat or a section thereof is accomplished by that time in the office of the Orange County Clerk. Such endorsement shall stipulate that the plat does not conflict with the County Official Map, where one exists, or, in cases where plats do front on or have access to or are otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved in the manner specified by § 239-k of the General Municipal Law.

Expiration of an approval shall mean that any further action will require a new filing fee as well as a review of all previous findings.

Filing in sections. At the time the Planning Board grants plat approval, it may permit the plat to be divided into two or more sections subject to any conditions the Board deems necessary in order to ensure the orderly development of the plat. In accordance with § 276 of the Town Law, the applicant may file a section of the approved plat with the County Clerk. In these circumstances, plat approval on the remaining sections of the plat shall remain in effect for three years from the filing date of the first section. When a plat is filed by section with the County Clerk, the applicant shall, within 30 days, file with the Town Clerk the entire approved preliminary plat. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk and the required improvements have been installed in such section or a bond covering the cost of such improvements is posted.

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

§ 85-13 Minor subdivision and bulk land transfer.

Designation. On determination by the Planning Board, based on the preapplication discussion in § 85-8C(1), that an application qualifies as a minor subdivision or bulk land transfer, the subdivider shall prepare an application in accordance with this section.

The procedure for minor subdivisions and bulk land transfers is as follows:

Preapplication discussion and designation as a minor subdivision or bulk land transfer.

Preparation of an abbreviated land development plan.

Review and approval of a land development plan by the Planning Board.

Preparation of a final subdivision plat and review by the Planning Board.

Public hearing and final action by the Planning Board.

(f)

Completion of any conditions of approval and signature of the Planning Board Chairman.

(g)

Filing of the final plat with the Orange County Clerk.

A boundary line change may be approved by the Planning Board upon submission of a survey prepared by a surveyor licensed by the State of New York, indicating the proposed change in the lot line, the topography of the property to which the resulting land area is to be added or deleted and a notation that the area of land created by the boundary change is to become a part of an adjacent lot. Where the Planning Board believes that additional information is required, the Board or its designated representative may request such information prior to making a decision. Application for a boundary line change shall be submitted to the Planning Board office at least 10 days prior to the meeting at which a review is requested.

[Added 11-8-1989 by L.L. No. 6-1989]

Land development plan. The Planning Board may reduce the information requirements of the land development plan for minor subdivisions or bulk land transfers on finding that the proposed minor subdivision or bulk land transfer would not adversely affect the provisions or standards of these regulations, the Zoning Local Law[1] or the Master Plan of the Town. At the time of preapplication discussion the Planning Board will indicate those items of information in § 85-27B to be submitted in lieu of a full land development plan. The fee for land development plan review shall be in accordance with the Standard Schedule of Fees of the Town of Tuxedo.[2] The Planning Board will review the land development plan in the same manner as set forth in § 85-9.

Editor's Note: See Ch. 98, Zoning.

Editor's Note: See Ch. 48, Fees.

Final plat submission. Within six months after land development plan approval by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do shall require resubmission of the application to the Planning Board for reclassification. The plat shall conform to the layout shown on the land development plan. Said application shall also conform to the requirements listed in § 85-28. All applications for final plat approval for minor subdivisions shall be accompanied by a fee in accordance with the Standard Schedule of Fees.[3]

Editor's Note: See Ch. 48, Fees.

Number of copies. Five copies of the final subdivision plat shall be presented to the Secretary of the Planning Board at least 10 days prior to a scheduled monthly meeting of the Planning Board.

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.

Time of submission. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by § 85-28 of these regulations, has been filed with the Secretary of the Planning Board.

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 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 Town boundary, a copy of the submission 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.

Public hearing. A public hearing shall be held by the Planning Board on all plats submitted in final form within 45 days of their submission to the Planning Board. The hearing must be advertised at least once in a newspaper of general circulation in the Town at least five days prior to the hearing and by posting notice thereof by mail to the owners of property within 300 feet of the proposed subdivision and to any other persons whom the Board may deem to be particularly affected, said advertisement to be submitted by the Secretary of the Planning Board and the notification by mail of adjacent landowners to be made by the applicant.

Action on subdivision plat. The Planning Board shall, within 45 days from the date of the public hearing, approve, conditionally approve, with or without modification, or disapprove the final plat. The Board shall specify in writing its reasons for any such disapproval. In the event that the hearing is not held or if the Board fails to disapprove the minor subdivision plat within 45 days prescribed above, the plan shall be deemed approved.

Filing (minor subdivision and bulk land transfer). Upon approval, the final plat shall be properly signed by the Chairman of the Planning Board (or Acting Chairman) and the Town Engineer.

[Amended 2-10-1993 by L.L. No. 1-1993]

Conditional approvals. Conditional approvals are subject to the provisions of § 85-11I.

§ 85-14 Required public improvements.

Improvements specified. 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:

Paved streets.

Curbs or gutters.

Sidewalks.

Water mains and fire hydrants.

Sanitary sewage disposal.

Storm drainage system.

Street signs.

Streetlighting.

Street trees.

Seeding or sodding of planting strips with lawn grass.

Performance bond.

A performance bond or equivalent security shall be delivered to the Town to guarantee thereby to the Town that the subdivider will faithfully cause to be constructed and completed within a reasonable time the required public improvements and convey the required lands and improvements to the Town free and clear of encumbrances.

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

In an amount set by the Planning Board from an estimate prepared by the Town Engineer, the subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements or the subdivider shall file with the Town Clerk a performance bond issued by a bonding or surety company approved by the Town Board in the amount of the full cost of the required improvements, or any combination thereof. Any such bond shall comply with the requirements of § 277 of the Town Law and, further, shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. A period of one year, or such other period as the Planning Board may determine appropriate, not to exceed three years, shall be set forth in the bond within which required improvements must be completed.

The subdivider shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not so completed the subdivider shall file with the Town Clerk a bond or certified check covering the costs of such improvements and the cost of satisfactorily installing any improvement not approved by the Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety.

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 Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection B(2)(b), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection B(2)(a) above, such bond shall not be released until such map is submitted. The Town Board shall release the bond upon certification of the Town Engineer and Town Attorney that all requirements of the bond have been satisfied.

The subdivider shall complete all required improvements or post the required performance bond to the satisfaction of the Town Board before any building permits will be issued. For subdivisions for which performance bonds are filed, building permits may be issued on the following schedule:

Ten percent of the total of building permits on final filing.

An additional 10% of the total permits on completion of 10% of the required improvements as certified by the Town Engineer.

An additional 30% of the total permits on completion of 25% of the required improvements.

An additional 40% of the total permits on completion of 50% of the required improvements.

The final 10% of building permits shall be withheld until all bonded improvements have been completed and certified by the Town Engineer.

If the Planning Board shall decide at any time during the term of the performance bond that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance bond, or that required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the face amount of said bond, or that the character and extent of such development requires additional improvements previously waived for a period stated at the time of fixing the original terms of such bond, the Planning Board may modify its requirements for any or all such improvements and the face value of such performance bond shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Board and any security deposited with the bond may be reduced or increased proportionately by the Town Board.

The term of the performance bond may be extended on application to the Planning Board not less than three months prior to the expiration date of said bond. In approving any such extension, the Planning Board shall consider the present costs and anticipated increases during the period of such extension and shall adjust the face amount accordingly. The extension of any performance bond shall be reviewed by the Town Attorney as to form. A formal written declaration of extension by the bonding company or insuring party must be filed at least one month prior to the expiration of the existing bond. Absent to such extension the Planning Board will recommend to the Town Board the certified list of incomplete improvements under such bond and the Town Board may proceed to recover funds to complete such improvements pursuant to § 85-14H. No building permits shall be issued for any lot in a subdivision after the date the Town Board declares a bond or surety in default. Certificates of occupancy may be issued only by the Town Board on finding that no imminent danger to health or safety will result thereby.

General liability insurance.

Procedure. The subdivider shall file with the Town Attorney a general liability insurance policy at the same time that he files his performance bond. The Town Board shall approve the policy as to form. The policy shall be in force during the term of the performance bond and shall be extended in conformance with any extension of the performance bond.

Coverage. The policy shall insure the Town and the subdivider 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 liability in the aggregate for each accident, and property damage liability of $5,000 for each accident and $25,000 aggregate property damage liability or such higher limits as the Planning Board may require.

Maintenance bond. The performance bond covering required improvements shall be retained by the Town for a period of one year following the date of installation of such improvements to ensure the durability and proper operation of such improvements. The applicant may, upon approval by the Town Board and Planning Board, in lieu of such performance bond for period specified, file a maintenance bond in an amount based on a minimum of 5% of the performance bond estimate and which shall be adequate to assure that the satisfactory condition of the initial public improvements for a period of one year following their completion and acceptance by the Town Board. Such bond shall be satisfactory to the Town Attorney as to form, manner or execution and surety.

Modification of design 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 such required improvements, the Town Engineer may authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not constitute a waiver or substantial alteration of the function of any improvements required by the Board. The Town Engineer shall issue any authorization under this subsection in writing and shall transmit a copy of such authorization to the Planning Board and Town Board at their next regular meeting. In the event that the applicant shall protest such modification in writing to the Planning Board, the Planning Board shall institute the procedure set forth in § 85-31 herein, which determination shall be conclusive.

Supervision of improvements. The construction of all required improvements shall be supervised by a registered professional engineer, retained by the subdivider, who, after completion of construction, shall certify to the Planning Board that all required improvements have been constructed as required and approved by the Board or modified by the Board.

Inspections.

Routine inspection.

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

Road subgrade.

Curb and gutter forms.

Road paving (after each coat in the case of priming and sealing).

[4]

Sidewalk forms.

[5]

Sanitary sewers, water main, drainage pipe and other drainage structures before backfilling.

[6]

All underground utilities prior to backfilling.

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

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 satisfactory final inspection, the Town Engineer shall notify the Town Board in writing setting forth the findings of the inspection. Where no maintenance bond is filed pursuant to § 85-14D, the Town Board will provide for an inspection one year from the date of the final inspection for purposes of determining release of the performance bond. Where a maintenance bond is filed, the Town Board, on advice of the Planning Board, shall provide for the release of the performance bond covering such improvements and utilities.

Inspection fee. An inspection fee as set forth in the Standard Schedule of Fees[1] shall be paid to the Town prior to the time that the Chairman of the Planning Board signs the final plat.

Editor's Note: See Ch. 48, Fees.

Proper installation of improvements. If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements has not been constructed in accordance with plans and specifications filed by the subdivider and in accordance with good construction practices, he shall so report to the Town Board, Building Inspector and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company and shall take all necessary steps to preserve the Town's rights under the bond. The Town Board may thereupon declare the performance bond in default and collect the sum remaining payable thereunder, and, upon receipt of the proceeds thereof, the Town shall install such improvements as are covered by such performance bond 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 prospective character of the development, whether residence, business or industrial. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved section of the plat.

§ 85-15 Public streets; recreation areas.

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, utility, easement, park or other open space shown on each subdivision plat.

Every street shown on a plat that is filed or recorded in the office of the County Clerk, as provided in these regulations, shall be deemed to be a private street until such time as it has been formally offered for cession to be public and formally accepted as a public street by resolution of the Town Board or, alternatively, until it has been condemned by the Town for use as a public street.

After such plat is approved and filed, subject, however, to review by the court as hereinafter provided, the streets, highways and parks shown on such plat shall be and become a part of the Official Map or Plan of the Town. The owner of the land or his agent who filed the plat may add as part of the plat a notation if he so desires to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public. Formal offers of cession to the public of all streets, highways or parks not marked with such notation on the plat shall be filed with the Planning Board prior to the approval of the plat by the Planning Board. In the event that the owner or his agent shall elect not to file his plat and land development plan prior to the expiration date of the validity of such approval, then such formal offers of cession shall be deemed to be invalid, void and of no effect on and after such expiration date.

No public street utility or improvement shall be constructed by the Town in any street or highway until it has become a public street or highway and is duly placed on the Official Map or Plan, except that the Town Board may authorize the construction of a public Town street utility or improvement in or under a street which has not been dedicated, but which has been used by the public as a street for five years or more, prior to March 2, 1938, and is shown as a street on a plat of a subdivision of land which has been filed prior to March 2, 1938, in the office of the Orange County Clerk.

No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the Official Map or Plan or, if there is no Official Map or Plan, unless such street or highway is an existing state, county, town or village highway, or a street shown upon a plat approved by the Planning Board as provided under the provisions of this article, as in effect at the time such plat was approved, or a street on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of such Planning Board and the grant to such Board of the power to approve plats. Before such permit shall be issued, such street or highway shall have been suitably improved to the satisfaction of the Planning Board in accordance with standards and specifications approved by the Town Engineer as adequate in respect to the public health, safety and general welfare for the special circumstances of the particular street or highway or, alternatively and in the discretion of such Board, a performance bond sufficient to cover the full cost of such improvement as estimated by such Board or other appropriate Town departments designated by such Board shall be furnished to the Town by the owner. Such performance bond shall be issued by a bonding or surety company approved by the Town Board or by the owner with security acceptable to the Town Board and shall also be approved by the Town Attorney as to form, sufficiency and manner of execution. The term, manner of modification and method of enforcement of such bond shall be determined by the Town Board in substantial conformity with § 85-14B of these regulations.

For the purpose of preserving the integrity of the Official Map, no permit shall hereafter be issued for any building in the bed of any street or highway or parkland shown or laid out on such map; provided, however, that if the land within such mapped street or highway or parkland is not yielding a fair return on its value to the owner, an appeal may be made before the Board of Appeals, as detailed in Subsection A(7) below.

(7)

Where the enforcement of the provisions of this section would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the structure to be related to existing or proposed streets or highways, the applicant for such a permit may appeal from the decision of the administrative officer having charge of the issue of permits to the Board of Appeals, and the same provisions are hereby applied to such appeals and to such Board as are provided in cases of appeals on zoning regulations. The Board of Appeals may, in passing on such appeal, make any reasonable exception and issue the permit subject to conditions that will protect any future street or highway layout or grant a permit for a building in such street or highway which will as little as practicable increase the cost of opening such street or highway, or tend to cause a change of such Official Map, and such Board may impose reasonable requirements as a condition of granting such permit, which requirements shall inure to the benefit of the Town. Before taking any action authorized in this section, the Board of Appeals shall conduct a public hearing at which parties in interest and others shall have an opportunity to be heard.

Ownership and maintenance of recreation areas. When a park, playground, natural or historic feature or other recreation or open space area shall have been shown on a plat the approval of said plat shall not constitute an acceptance by the Town of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area. Title to recreation areas must be vested in either the Town of Tuxedo or an approved homeowners' association in accordance with §§ 85-16. In the case of a proposal for a planned integrated development, the regulations of the Zoning Local Law[1] in respect to ownership and management of recreation areas and other open space shall govern.

Editor's Note: See Ch. 98, Zoning, § 98-23.

§ 85-16 Density and land residuals.

The Town of Tuxedo Zoning Local Law[1] controls the density of dwellings as a function separate from minimum site area (legal lot description). In order to carry out the density provisions of the Zoning Local Law, no subdivision of land shall be made so as to create a greater number of lots than the permitted number of dwellings as calculated in Article IV of the Zoning Local Law. For resubdivision of land upon which a dwelling is situate, the provisions for density shall be observed by calculating the required lot area for one permitted dwelling (inverse value of density).

Editor's Note: See Ch. 98, Zoning.

The land area represented by the mathematical difference of the gross area of the tract of land credited for residential density purposes and the area calculated by multiplying the permitted number of dwellings times the minimum site area is the land residual. (In planned integrated developments incorporating nonresidential uses, the land residual is further reduced by the area approved in the special permit therefor for such nonresidential purposes.) This land residual represents the proportion of land in the subdivision available for use as streets, recreation areas, utilities, municipal and educational services, as well as the land reserve necessary to afford adequate land capacity for sewage disposal, water supply and drainage in those areas not serviced by central systems. The Planning Board may require reservation of all or any portion of the land residual for the purposes indicated and may permit larger lot areas than the minimum prescribed by zoning to encompass remaining portions of the land residual. The specific function of the land residual is in all cases to provide for the public services and land capacity necessary to service proposed subdivisions, and, therefore, the determination of appropriate use of such land residual shall be solely vested with the Planning Board. Where, by virtue of the standards and other considerations contained in these regulations, the number of lots of the minimum site area cannot be configured in the proposed subdivision, the number of permitted dwellings shall be reduced accordingly.

Where a portion of the land residual is not required for public purposes, that portion of the land residual shall be placed in one of the following classes of ownership:

Distributed to individual lots as lot areas larger than the minimum set by the Zoning Local Law.

A homes association approved by the Federal Housing Administration for mortgage insurance as a Planned Unit Development and the Town Board.

A homes association approved by the Town Attorney and the Town Board.

Any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this section, including condominiums and special districts. Whenever a homes association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of said homes association and to ensure that the intent and purpose of this section are carried out.

When considering its approval, the Planning Board shall, in part, require the land residual controls to meet the following conditions:

The homes association shall be established as an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically a member, and each lot is automatically subject to a charge for a proportionate share of the expenses of the organization's activities, said proportion to be determined by the tax assessments on the properties.

Title to all common property shall be placed in the homes association, or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time to be determined by the Planning Board.

Each lot owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.

Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the homes association.

Dedication of all common land areas shall be recorded directly in the subdivision plat or be referenced on the plat to a dedication in a separately recorded document. The dedication shall:

Save the title to the common property to the homes association.

Commit the developer to convey the areas to the homes association at the approved time to be determined by the Planning Board.

Grant easements of enjoyment over the area to the lot owners.

Give the homes association the right to borrow for improvements upon the security of the common areas.

Give to it the right to suspend membership rights for nonpayment of assessment or infraction of published rules.

Covenants shall be established and filed on record, limiting all lots to the uses specified on the approved land development plan or, in the case of a planned integrated development, to the uses specified on the approved site plan. No buildings or structures may be erected on such common lands except as shown on the approved land development plan and conforming to the applicable zoning.

Each deed to each lot sold shall include by reference all recorded declarations, such as covenants, dedications and other restrictions, including assessments and the provisions for liens for nonpayment of such.

The housing association shall be perpetual; shall purchase insurance; pay taxes; specify in its charter and bylaws an annual homeowner's fee and provision for assessments; and establish that all such charges become a lien on each property in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessments in any court of competent jurisdiction.

Prior to the subdivision approval, the developer shall file with the Town Board a performance bond to ensure the proper installation of all recreation and park improvements shown on the land development plan and a maintenance bond to ensure the proper maintenance of all common lands until the homes association is established. The amount and period of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Attorney and Town Board.

The developer shall assume all responsibilities as previously outlined for the homes association until a majority of the dwelling sites is sold, at which time the homes association shall be automatically established.

§ 85-17 Partial development of multiple-density zoning districts.

Pursuant to resolution of the Town Board, the Planning Board is empowered to modify the applicable provisions of the Zoning Local Law[1] in R-2, R-3 and R-4 Residential Districts in accordance with applicable provisions of § 281 of the New York State Town Law to provide for partial development of parent parcels at the density prescribed for nonserviced (water and/or sewer services) areas, utilizing the lot and area requirements of use groups served by these facilities. In so doing, the Planning Board may approve land development plan for utilization of the parcel at the maximum permitted density, with the additional future permitted number of dwellings and their respective house sites placed in a land reservation so covenanted as to preclude development or issuance of building permits until requisite conditions of service are available.