It is the policy of the Town Planning Board to consider land
subdivisions as part of a plan for the orderly, efficient and economical
development of the Town. Land to be subdivided shall be of such character
that it can be used safely for building purposes without danger to
health or peril from fire, flood or other menace. Proper provision
shall be made for drainage, water, sewerage and other needed improvements.
The proposed streets shall compose a convenient system conforming
to the Official Map, as it may be adopted by the Town Board, and shall
be properly related to the proposals shown on the Town Development
Plan, as it may be adopted by the Planning Board. Streets shall be
of such width, grade and location as to accommodate the prospective
traffic, to afford adequate light and air and to facilitate fire protection.
In proper cases, there shall be reservation of park areas of suitable
location, size and character for playground or other recreation purposes.
A.
Fees. Each application for appearance before the Planning
Board for subdivision review to approve the development of entirely
or partially developed plats already filed in the office of the County
Clerk shall be accompanied by the nonreturnable fee which shall be
paid at the time of application for each appearance in the amount
set forth by resolution of the Town Board.
[Added 6-12-1972; amended 10-12-1976; 3-8-1993 by L.L. No. 8-1993; 10-16-1995 by L.L. No. 22-1995]
B.
In order that land may be subdivided in accordance with § 21-1, the Town Board of the Town of Orangetown has empowered the Planning Board, pursuant to provisions of Article 16 of the Town Law, to review and approve or disapprove plats which show lots, blocks or sites with or without new streets or highways. The regulations include special provisions in order to facilitate the use of these regulations for small subdivisions of from two to four lots not involving any new street and not adversely affecting the development of the remainder of the parcel or adjoining property.
C.
Every land record that is submitted to the Clerk of the
Town of Orangetown for recording at the Rockland County Clerk's
office shall only be so recorded when the persons submitting such
land record shall have remitted to the Town Clerk the County Clerk's
fees for recording such land record. The term "land record," as used
in this subsection, shall mean, but not be limited to, an easement,
a satisfaction of mortgage, a deed, a covenant and all other instruments
effecting title.
[Added 6-25-1984 by L.L. No. 16-1984]
Because every developer of land is thus interested in knowing
what considerations will guide the Planning Board in reaching its
decision, the Planning Board has adopted and published these rules,
requirements and standards for plat approval. While they are intended
to be broad enough to apply to any subdivision which may be proposed,
it should be emphasized that the Planning Board, at its discretion,
may vary from the statutory provisions and from these regulations
whenever it finds that special circumstances warrant such a variation.
The Board adopts and publishes these regulations as a standard
and a guide for the submission and approval of all plats of subdivisions.
However, in its discretion when special circumstances warrant variation,
the Board may approve or disapprove variations.
[Amended 1-24-2000 by L.L. No. 1-2000]
The subdivider should note that approval of the Architecture
and Community Appearance Board of Review may, at the discretion of
the Planning Board, be required of every subdivision after preliminary
approval by the Planning Board and before the hearing on final approval
for major subdivisions and minor subdivisions.
As a further aid to the subdivider, a check list is included
in these regulations which tabulates the steps for preparing, submitting
and recording a plat and contains references to requirements of Zoning
Ordinance or Code,[2] street specifications,[3] Building Code[4] and County Sanitary Code and of other agencies — County
Health, Highway and Planning Departments, Town's Architectural
Review Board[5] and Town's Consulting Engineers — and
any others which also may have jurisdiction. It is required that a
copy of the check list be used in the preparation of the required
data for submission with the plat. Subdividers are encouraged to confer
with the personnel of the Planning Services Department[6] for such advice and assistance as has been developed from
the experience in processing previous subdivision plats.
[Amended 2-22-1999 by L.L. No. 3-1999[1]]
A.
No parcel of land in the Town of Orangetown capable of
development, with the exception of parcels containing an existing
one- or two-family residence situated on a lot no greater than twice
the minimum lot area permitted in the zoning district in which it
is located and not located within the Critical Environmental Area,
in accordance with the provisions of the Zoning Code[2] of the Town of Orangetown shall be cleared, graded, filled, excavated, stripped of topsoil, land cover or otherwise disturbed from its natural state until a plan is submitted to and the Planning Board renders its final decision of approval. The plan shall show the area proposed to be disturbed, with existing and proposed final contours; lot clearing and grading limit lines; the location of all existing major trees and proposed trees in the development area as shown by the lot clearing and grading limit lines in accordance with § 21-25 of this chapter; the location of all streams and watercourses; proposed final development of the property; and such other information as may be necessary for the Board to properly consider the application. In addition to any other requirements, the Planning Board will require compliance with all the provisions of Section 4.32(C) of the Zoning Code. The Planning Board may request the advice and assistance of all other departments and agencies of Town government that will or may become involved in the parcel of land by reason of the proposed clearing operation.
B.
Any person violating this provision shall be guilty of
a violation and, upon conviction thereof, shall be fined in an amount
not exceeding $10,000 per acre or a portion thereof.
[1]
Editor's Note: This local law also provided that it shall
take effect immediately upon passage by the Town Board and shall apply
to all lands as described therein, with the exception of properties
that have been granted preliminary approval by the Planning Board.
As a condition of Planning Board approval pursuant to this section,
the Planning Board is authorized to require a conservation easement
on real property with unique scenic value in the Critical Environmental
Area; any land under water; any land within a freshwater wetland;
land subject to flooding or within the one-hundred-year-frequency
floodplain; land with slopes (unexcavated) of over 25%; and on any
other real property for the purpose of protecting environmentally
sensitive land, or to otherwise protect the environment or land due
to special characteristics or the character of the neighborhood wherein
subdivision is sought.
[1]
Editor's Note: This local law also provided that it shall
take effect immediately upon passage by the Town Board and shall apply
to all lands as described therein, with the exception of properties
that have been granted preliminary approval by the Planning Board.
