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.
(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.
(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.
(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:
(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.
(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.
(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.
(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:
(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.
(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.
(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.
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)
(7)
Profile drawing requirements.
(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.
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.
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.
