Town of Tuxedo, NY
Orange County
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Table of Contents
Table of Contents
A. 
Purpose and general procedure. The land development plan is a design document providing a composite diagram of the land characteristics and special features over which a site plan for residences or development can be formulated. The land development plan provides for a systematic approach for applying sound site planning principles to parcels of land which can be readily evaluated by the applicant and Planning Board. The land development plan also establishes all potential house or development sites prior to actual subdivision of the land. By first establishing these sites, the process of subdivision becomes one of circumscribing the sites by legal lot lines.
B. 
Information to be supplied. The land development plan, together with the applicable zone district worksheet and application forms from the Appendix,[1] shall be submitted to the Planning Board in accordance with § 85-8C(1). The land development plan, prepared by a licensed design professional, shall be upon a base map, the scale of which is not less than 50 feet equals one inch and not more than 100 feet equals one inch. The land development plan shall indicate the following:
(1) 
A map of the entire holding indicating the distance to the nearest existing street intersection.
(2) 
Topographic contours at intervals of not more than 10 feet.
(3) 
The name of the owner and of all adjoining property owners as disclosed by the most recent town tax records.
(4) 
The Tax Map section, block and lot numbers.
(5) 
All the utilities available and all streets which are either proposed, mapped or built.
(6) 
All existing and proposed restrictions on the use of land, including easements, covenants and dedications.
(7) 
Zoning district or districts.
(8) 
A reproduction of the soil map of the Town of Tuxedo for the area to be developed, together with the computations required by the Zoning Local Law[2] to determine the permitted number of dwellings. If independent soil evaluations are used, supporting documentation shall be provided.
[2]
Editor's Note: See Ch. 98, Zoning, § 98-14.
(9) 
Wetlands or floodplains based on United States Department of Agriculture Soil Conservation Service Classifications.[3] Such areas may be shown as striped areas (Zip-A-Tone No. 220 or equivalent) aligned North.
[3]
Editor's Note: See also Ch. 53, Flood Damage Prevention
(10) 
Areas with slopes in excess of three feet vertical per 10 feet horizontal. Such areas may be shown as striped areas (Zip-A-Tone No. 220 or equivalent) aligned East.
(11) 
Historic buildings or scenic areas shown as a dot pattern (Zip-A-Tone No. 161 or equivalent).
(12) 
Areas of standing woods shown as a pattern (Zip-A-Tone No. 647 or equivalent).
(13) 
Identification of proposed public roads, parks, community facilities or utilities as shown upon the Master Plan of the Town of Tuxedo and Official Map.
(14) 
An area map, prepared at a scale of one inch equals 400 feet, showing the full extent of each adjoining property as indicated on the Tax Maps of the Town of Tuxedo. United States Geological Survey topography shall be superimposed on the area map with a contour interval of no more than 20 feet.
(15) 
Proposed local streets and connecting roads, sketched on the land development plan with center lines and notation as to right-of-way width.
(16) 
Proposed house sites, shown as circles with a diameter equal to the minimum plot width as required by the Zoning Local Law of the town.[4] Minimum lot widths shall correspond to the appropriate group classification for road frontage.
[4]
Editor's Note: See Ch. 98, Zoning.
(17) 
In developments dependent on septic system disposal, reserved areas for septic and/or well usage, shown contiguous to the served house sites.
(18) 
Where other than residential uses are permitted and are contemplated, these shall be shown diagrammatically together with the computation of required areas.
(19) 
Rough profiles of all roadways.
(20) 
Preliminary drainage improvements required to support the proposed development area, together with the easements required to achieve a positive drainage outlet for all watershed areas. (Refer to § 85-24.)
(21) 
Proposed area to be reserved for open spaces and other nondevelopment uses in accordance with the Zoning Local Law.
[1]
Editor's Note: Copies of the Appendix, including the worksheets and application forms, are available in the office of the Town Clerk.
C. 
General design requisites.
(1) 
The land development plan shall be designed in accordance with the requirements of the Zoning Local Law,[5] the Master Plan and with the design standards contained in Article III. The following general design principles are to be incorporated in the land development plan:
(a) 
Areas with special design considerations as indicated by shading or patterns specified in Subsection B above shall, insofar as possible, remain free of development, either as part of common open space, required recreation area or as restricted development areas under covenants.
(b) 
Street patterns will conform to topography, and minimum regrading disturbance of the topography will be permitted. Streets should not cut across grade or be located in areas which will accentuate the street's visibility in the landscape.
(c) 
For residential uses, house sites will be grouped into settlements of 15 to 30 homes and open space utilized as a design element to accent the grouping, as well as provide open land reserves. House sites will not be located in floodplains or wetlands and shall be so situated as to provide reasonable expectation of successful utility service.
(d) 
No lot lines will be shown on any land development plan prior to preliminary approval of house sites or development areas. No proposed lot divisions shall be considered by the Planning Board prior to preliminary approval of the land development plan.
[5]
Editor's Note: See Ch. 98, Zoning.
(2) 
The foregoing requirements provide for a systematic design process which shall constitute the minimum requirements for any approval of subsequent subdivisions, site plans or issuance of building permits for uses controlled by the Town of Tuxedo Zoning Local Law.
A. 
In the case of minor subdivision and bulk land division, the subdivision plat application shall include the following information:
(1) 
A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
(2) 
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by monuments as approved by the Town Engineer and shall be referenced and shown on the plat. The Board may waive the requirement for a full field survey pursuant to §§ 85-33 and 85-34 of these regulations.
(3) 
All on-site sanitation and water supply facilities shall be designed to meet the minimum specification of the State Department of Health, and a note to this effect shall be stated on the plat and signed by a licensed engineer.
(4) 
Proposed subdivision name; Town of Tuxedo, Orange County, New York.
(5) 
The date, North point, map scale and name and address of record owner and subdivider.
B. 
The plat, to be filed with the Orange County Clerk, shall be printed upon linen or be clearly drawn in India ink upon tracing cloth. The size of the sheet shall be twenty by twenty (20 x 20) inches or twenty by forty (20 x 40) inches.
The following information will be submitted for approval of the preliminary plat:
A. 
Information on the plat. Five copies of the preliminary plat, prepared by a licensed design professional, are to be submitted at least 10 days prior to the date of the regular meeting of the Planning Board. The following information will be superimposed on the approved land development plan and shall constitute a preliminary plat:
(1) 
Drawing sheet.
(a) 
Size shall be in conformance with the requirements of § 85-30A.
(b) 
If more than one sheet is required, a clearly drawn cut line shall be shown on both sheets and on the key map.
(2) 
Title block.
(a) 
Name of the subdivision; Town of Tuxedo, Orange County, New York.
(b) 
Name and address of the subdivider and record owner.
(c) 
Name and address, license number and seal and signature of the design professional who prepared the drawings.
(d) 
Total acreage for entire tract and for each zone district within the tract.
(e) 
Total number of proposed lots.
(3) 
Other notations on the map:
(a) 
Date of original preparation and of each subsequent revision.
(b) 
Graphic scale of no more than 100 feet equals one inch, but not less than 50 feet to the inch.
(c) 
True or magnetic North point and the date taken.
(d) 
Certification by the licensed land surveyor that the boundaries, easements, encroachments, rights-of-way and topography shown resulted from an actual land survey and/or aerial survey developed through the process of photogrammetry, and the date of that survey.
(e) 
Offers of dedication, statements establishing easements and similar statements should be indicated on the drawing.
(f) 
Zoning district, including exact boundary lines of the district if more than one district, and any standards from the Zoning Local Law[1] text applicable to the area to be subdivided.
[1]
Editor's Note: See Ch. 98, Zoning.
(4) 
Adjacent properties within 200 feet of the site which are part of a recorded subdivision plat shall be identified by the names of the owners of record, together with section, block and lot numbers.
(5) 
Boundaries of special districts (such as water, sewer, fire, school, lighting, etc.).
(6) 
Topographic contours at two-foot intervals referred to the United States Coast and Geodetic Survey data at mean sea level.
(a) 
Smaller or larger intervals may be required by the Planning Board when advisable due to the terrain.
(b) 
Topographic and planimetric information shall extend 200 feet beyond the subdivision boundary line.
(c) 
Proposed finished grades.
(7) 
Existing site conditions.
(a) 
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by substantial monuments of such size and type as approved by the Town Engineer and shall be referenced and shown on the plat.
(b) 
Street rights-of-way and widening of rights-of-way on the subdivision and within 200 feet of its boundaries, including:
[1] 
Name.
[2] 
Location and width.
[3] 
Center-line elevations at intersections and other critical points.
(c) 
Other rights-of-way and easements on the subdivision, including:
[1] 
Identification.
[2] 
Location and width.
[3] 
Restrictions on use, if any.
(d) 
Drainage structures on the subdivision and within 200 feet of its boundaries, including:
[1] 
Type of structure.
[2] 
Location, invert elevations, gradients, types and sizes of all pipe and of all other structures, where applicable, and direction of flow.
(e) 
Location and size or capacity of all other utility structures, such a water, gas mains and power lines, on the subdivision and within 200 feet of its boundaries.
(f) 
Marshes, ponds, streams and land subject to periodic or occasional flooding or similar unstable conditions on the subdivision and within 200 feet of its boundaries, including:
[1] 
Location and area covered indicating apparent high-water level.
[2] 
Waterline on date of survey and survey date.
[3] 
Maximum depth of water at critical points.
(g) 
Subsurface data in accordance with the Orange County Department of Health requirements, including:
[1] 
Date, location and graphic representation of findings for all test holes, including location and results of percolation and other tests to ascertain subsurface soil, rock and groundwater conditions and depth of groundwater, unless pits are dry at depth of five feet.
[2] 
Locations shall include critical conditions and areas where drainage structures requiring seepage are to be constructed.
(h) 
Town or other public lands and lands designated as parks, open space or for some other public use.
(i) 
Buildings and other structures located on and within 200 feet of the site.
(j) 
Location of rock outcrops, wooded areas, isolated trees with a diameter of eight inches or more as measured three feet above the base of the trunk and other significant existing features for the proposed subdivision and adjacent property.
(8) 
Proposed site development.
(a) 
Streets.
[1] 
Name (to be checked prior to submission with the Town Clerk to avoid duplication).
[2] 
The width and location of any streets or public ways or places shown on the Official Map or the Master Plan within the area to be subdivided, together with street profiles of all streets or public ways proposed by the developer.
[3] 
Right-of-way width.
[4] 
Tentative center-line elevations at intersections and at principal changes in gradient with finished road contours related to existing topography.
[5] 
Tentative center-line gradient shown in percent of slope.
[6] 
Plans and cross sections showing the proposed location and type of sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, and the size and type thereof, the character width and depth of pavements and subbase, the location of manholes basins and underground conduits.
[7] 
Preliminary designs of any bridges which may be required.
(b) 
Lot layout.
[1] 
House sites from the land development plan.
[2] 
Lot lines and dimensions scaled to the nearest foot, circumscribed around house sites.
[3] 
Building setback line (dashed) and dimensions and suggested location of buildings and driveways.
(c) 
Easements, parks, restricted areas and other improvements.
[1] 
Purpose and restrictions.
[2] 
Designation of areas or rights-of-way which are to be offered for public dedication or deeded to a homeowners' association or other private corporation with clear indications of proposed changes in grades and landscaping thereon. The Board may require specific recreation improvements and planting of trees, shrubs, grass and other landscaping in all areas to be so dedicated.
(d) 
Preliminary stormwater drainage system plan.
[1] 
Drainage structures shall be shown on the preliminary layout indicating the approximate location and size of proposed lines and culverts and their profiles, connection to existing lines or alternate means of disposal.
[2] 
Outlines of watersheds tributary to drainage structures and their approximate area in acres, including those which extend beyond the boundaries of the subdivision, shall be shown with red pencil on only two copies of the preliminary layout.
(e) 
Preliminary water supply and sewage treatment systems.
[1] 
The approximate location, size and profiles of all proposed waterlines, valves, hydrants and sewer lines and fire alarm boxes.
[2] 
Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in the Public Health Law.
(f) 
Easements. Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easement shall not be less than 20 feet in width and which shall provide satisfactory access to an existing public highway or other public highway or public open space shown on the subdivision or the Official Map.
B. 
Covenants or deed restrictions. A copy of such covenants or deed restrictions as are intended to cover all or part of the tract shall be included.
C. 
Temporary markers. The Planning Board may require the location of temporary markers adequate to enable the Planning Board to locate readily and appraise the basic layout in the field, including markers at corners of the site. Unless the subdivision is adjacent to an existing street intersection, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown.
D. 
Waivers. If, owing to the special nature of the proposed subdivision, the Planning Board finds that strict application of the provisions of this section would be undesirable, unreasonable or in conflict with subdivision policy, the Planning Board may, by resolution, waive part or all of such preliminary plat requirements. The Board shall state in its findings those provisions which in its opinion may be waived and the justification for such waiver or waivers. These waivers shall apply to final plat submission only where so noted by the Board.
The following documents shall be submitted for plat approval:
A. 
The plat to be filed with the County Clerk shall be printed upon linen or shall be clearly drawn in India ink upon tracing cloth. The size of the sheets shall be twenty by twenty (20 x 20) inches or twenty by forty (20 x 40) inches, including a margin for binding of two inches outside the border along the left side and a margin of one inch outside the border along the remaining sides. The plat shall be drawn at a scale of no more than 100 feet to the inch and oriented with the North point at the top of the map. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire subdivision with lot and block numbers clearly legible. Space shall be reserved thereon for endorsement by the County Department of Health; two boxes, two by three and one-fourth (2 x 3 1/4) inches provided for the Board's stamp of preliminary and final approval; and one box, four and one-half by two (4 1/2 x 2) inches, if referral to the Orange County Department of Planning is mandated.
(1) 
The final plat shall be prepared by a licensed design professional in accordance with local and state laws and shall provide information noted in this section.
(2) 
The map of the entire subdivision shall be the same as that required on the preliminary plat with the following additions:
(a) 
Lot layout.
[1] 
Number identification by a suitable system of consecutive numbers. Numbers shall be circled and shall relate to the Town Tax Maps.
[2] 
Lot lines with accurate dimensions to the nearest hundredth of a foot and bearings to the nearest five seconds.
[3] 
Building setback lines with dimensions, grades and location of all proposed buildings.
[4] 
Lot areas for each lot measured accurately to the nearest square foot.
(b) 
Special parcels.
[1] 
Description of proposed action and use, including a note where an offer of dedication is being made. For any land which is reserved by the developer or to a homeowners' association, there shall be submitted with the subdivision plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefor.
[2] 
Boundary lines with accurate dimensions to the nearest one hundredth (1/100) foot and bearings to the nearest five seconds.
[3] 
Lot areas for each lot measured accurately to the nearest square foot.
(3) 
Survey data.
(a) 
Accurate subdivision perimeter boundaries with bearings and distances.
(b) 
Survey tie-in with accurate bearings and distances to the three nearest established street monuments or official monuments which are within reasonable distance of the property. When referenced to the state system of plane coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Town Engineer, and their location noted and referenced upon the plat.
(c) 
Town, village and special district boundaries, referenced to the subdivision survey by accurate bearings and distances, which are within reasonable distance of the property.
(d) 
The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings for each street.
(e) 
Accurate dimensions to the nearest hundredth of a foot.
(f) 
Monuments.
[1] 
Accurate location of all monuments shall be shown.
[2] 
Existing monuments shall be shown with this symbol and described.
[3] 
Proposed new monuments or monuments to be reset shall be shown with this symbol .
[4] 
Monuments of a type approved by the Town Engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Town Engineer. Monuments shall be located at the beginning and end of each curve along one side of the street right-of-way. (Refer to § 85-21P.)
B. 
Public improvement plan and profiles.
(1) 
The performance bond and the inspection service shall be based on this drawing, the final plat itself, these subdivision regulations and the town specifications for such public improvements and utilities.
(2) 
Unless a specific waiver is requested in writing, the proposed public improvements and utilities shall be considered to comply with these subdivision regulations and the town specifications for such public improvements and utilities.
(3) 
Basic drawing layout requirements are the same as those required for the preliminary plat (see § 85-29A) and shall also include rights-of-way, gradients and directional arrows downhill.
(4) 
Designs for waterlines, sewers, streets, bridges and drainage structures shall be prepared by a professional engineer licensed to practice in the State of New York.
(5) 
Drainage system requirements. The complete drainage system for the entire subdivision, with appropriate development stages for each of the final plat sections, shall be shown graphically with all existing drainage features.
(6) 
Utility systems requirements.
(a) 
Water supply and distribution.
[1] 
Location of source on property or, where piped in, the size of the supply main.
[2] 
Location and size of all distribution mains.
[3] 
Location of fire hydrants.
[4] 
Location of control valves.
(b) 
Sanitary waste disposal system.
[1] 
Sanitary sewer system design shall be indicated in all cases where public or private sewer connections exist or are proposed.
[2] 
Typical lot layout indicating location of individual system with reference to house and water supply and a detailed drawing of proposed sanitary waste disposal unit.
(c) 
Location of electric, telephone and television cables and gas lines.
(d) 
Location and description of outdoor lighting.
(7) 
Profile drawing requirements.
(a) 
Drawings shall be prepared with the following scales or other scale approved by the Board:
[1] 
Horizontal scale: one inch equals 50 feet.
[2] 
Vertical scale: one inch equals 10 feet.
(b) 
All profiles shall show the existing natural grades, the typical cross section of existing or proposed roads, the center lines of intersecting roads and a system of survey stations.
(c) 
The center-line profile of the proposed roads with dimensions on vertical curves and notation as to gradient and critical elevations shall be shown.
(d) 
Detailed plans for bridges, culverts or similar structures shall be included.
(e) 
The invert profile and location of all storm and sanitary drainage structures (manholes, catch basins, etc.) in street rights-of-way and in drainage easements shall be shown.
(8) 
Recreation and community improvements.
(a) 
A landscape plan prepared by a licensed landscape architect and/or architect indicating proposed changes in existing grades and landscaping, including the following items: play areas, walkways, incidental shelters, walls, new trees and shrubs (location and botanical name), tennis court, decorative pools and all similar improvements.
(b) 
Clubhouse, swimming or wading pool and other major improvements. Plans and elevations or prospective rendering shall be prepared by a licensed design professional.
C. 
Certifications.
(1) 
Certification of title showing that the applicant is the owner.
(2) 
Written offers of cession to the town of all public streets, rights-of-way and open spaces shown on the plat and copies of agreements or other documents showing the manner in which spaces, title to which is reserved by the subdivider, are to be maintained. All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Town Attorney as to their legal sufficiency.
(3) 
A certificate by the Town Engineer certifying that the subdivider has complied with one or both of the following alternatives:
(a) 
All or part of the improvements have been installed in accord with the requirements of these regulations and with the action of the Planning Board granting approval of the preliminary plat.
(b) 
A bond or certified check has been posted, available to the town in sufficient amount to assure completion of all required improvements.
(4) 
Protective covenants and land development plan in form for recording.
(5) 
Other data such as certificates, affidavits, endorsements or deductions as may be required by the Planning Board in the enforcement of these regulations.
(6) 
Letters directed to the Chairman of the Planning Board and signed by a responsible official of the lighting agency, water company or any other utility company or governmental authority or district which provides necessary utility service and has jurisdiction in the area, approving each proposed utility installation design, and a statement as to who will construct the facility so that service will be available when required in conformity with the provisions of the filed rate schedule.
(7) 
Letter directed to the Chairman of the Planning Board and signed by a responsible official of the school system acknowledging the number of residential lots and indicating the availability of existing school facilities for the new pupils or any needed new school sites and facilities that relate to the subdivision area.
(8) 
Letter in appropriate cases directed to the Chairman of the Planning Board and signed by a responsible official of the State Department of Transportation or the Orange County Superintendent of Highways, approving proposed construction of state or county rights-of-way, respectively.
(9) 
Notation on the plat for phasing of building permits [§ 85-14B(4)].
A. 
In the event that at any time prior to final approval or final disapproval of any plat submitted the subdivider shall protest in writing to the Planning Board any interpretation of the regulations it feels is erroneous or that any requirement of the Board is burdensome, arbitrary or constitutes an undue hardship, the Board will authorize the Town Engineer to meet with the engineer for the subdivider, and the two so chosen shall pick a third person, and the two engineers and the third person shall make a decision which the Board will follow.
B. 
The foregoing subsection shall not apply to any provisions of the Zoning Local Law[1] covered by specific regulations contained therein and is intended to apply only to rules of interpretation and matters of Board discretion.
[1]
Editor's Note: See Ch. 98, Zoning.
C. 
Before the town will authorize its Engineer to take any action in connection with this proceeding, the subdivider will pay to the Board the reasonable expenses to be incurred, as estimated by the Engineer, and in addition thereto, an amount to be determined by the Board, out of which it will pay any other expenses of the proceedings and return the balance, if any, to the subdivider.
D. 
Upon payment of such expenses, the town will forward in writing a copy of the protest to its Engineer and to the engineer of the subdivider, who shall immediately proceed, and the engineers and the third person so chosen by them shall file a determination with the Board within 10 days of the date of the notice in writing to said engineers. In the event that no determination is filed within 10 days, the Board shall proceed as if no protest has been made.