A.
Before filing an application for preliminary approval of
a subdivision, the owner shall make an appointment to meet with the
Planning Board at one of its regular meetings for a pre-preliminary
discussion of his sketch plan and of the other documents listed under
item C-2 of the checklist.[1] The sketch plan shall show the proposed layout of streets, lots and other features sketched roughly on a print of the topographic survey which shall already show the existing conditions listed below in § 21-10A of the information required for the basic layout. The location map shall show the relation of the proposed subdivision to existing community facilities which serve or influence it, such as main traffic arteries, local and regional public transportation lines, shopping centers, schools, principal places of employment, and to other community features such as parks, hospitals and churches. All buildings and structures over 100 years of age shall be shown on the plan.
[Amended 6-12-1972]
B.
The Board will inform the owner promptly as to whether
his sketch plan does or does not meet the objectives of these regulations
and classify the subdivision as a major or minor subdivision as defined
in these regulations.
C.
For a major subdivision, the applicant, after reaching
informal conclusions with the Planning Board and in order to allow
the Planning Board and the public adequate review of the proposed
arrangement of streets and lots before expense is incurred for detailed
calculations for the grading of land or for the construction of streets,
shall prepare and file a basic layout, together with an application
for preliminary approval, and the Planning Board will schedule a public
hearing. Notice of this hearing will be published and, in addition,
will be mailed at least five days in advance of the hearing to all
known abutting property owners, to all known owners directly across
any and all streets adjoining the proposed subdivision and to such
other persons as the Planning Board may deem to be particularly affected.
The basic layout shall be accompanied by the documents listed in item
C-11 of the checklist.[2]
D.
For a minor subdivision, the applicant may proceed directly
to the filing of the application for the final approval of a formal
plat.
E.
The application for approval of minor subdivisions may, pursuant to the provisions of § 21-5 hereof, be referred by the Planning Board to the Architecture and Community Appearance Board of Review.[3] Major subdivisions shall be referred to the Architecture
and Community Appearance Board of Review after preliminary approval
by the Planning Board.
[Amended 1-24-2000 by L.L. No. 1-2000]
F.
If the site has access to a county road or drainageway,
the Planning Board shall submit a copy of the sketch plan to the County
Highway Department and County Planning Board.
Three black and white prints of the basic layout designated
as such shall be furnished at a horizontal scale of not more than
100 feet to the inch and a vertical scale on street profiles of not
more than 20 feet to the inch. The sheet or sheets shall include drawing
number, sheet number, latest revision number and date, the proposed
subdivision name or identifying title and location, graphic scale,
true north arrow and date and shall show:
A.
Existing conditions affecting the subdivision.
(1)
Names and addresses of record owner, subdivider engineer
or surveyor, and designer of preliminary layout.
(2)
True north arrow and contours with levels of five feet
or less which refer to sea level datum.
(3)
Location of property lines, existing easements, burial
grounds, railroad right-of-way, important trees and major wooded areas,
rock outcrop, marshes and watercourses on the site. Location, width
and names of all existing or platted streets or other public ways
within or adjacent to the tract, and identification as to whether
they be state, county, Town or privately owned.
(4)
Locations and sizes of existing sewers, water mains, fire
hydrants, gas lines, culverts and other underground structure within
the tract and immediately adjacent thereto; existing structures and
buildings, utility poles on or adjacent to the site; direction and
distance to nearest water main and sewer if not on or adjacent to
tract; location and results of tests to ascertain subsurface soil,
rock and groundwater conditions; depth to groundwater unless test
pits are dry at a depth of five feet; location and results of percolation
tests if private sewage disposal systems are proposed.
(5)
Conditions on adjacent land including approximate direction
and gradient of ground slope; character and location of nearby nonresidential
uses or adverse influences; owners of adjacent unplatted land; names
of adjacent subdivisions with percent build-up, typical lot size and
dwelling type.
(6)
School district boundary lines.
(7)
Zoning district and special district lines.
(8)
All revisions shall be identified.
B.
The following proposed elements designed in accordance with the regulations set forth below under Article III, Requirements and Standards for Subdivision Design.
(1)
The locations, names and widths of proposed streets and
easements, and a rough profile of each street with tentative grades.
(2)
Cross sections of proposed streets showing the widths
of roadways, character and depth of surfacing and subbase, locations
and widths of sidewalks and the locations and sizes of utility mains.
(3)
Provisions for collecting and discharging storm drainage
with preliminary designs of any bridges or culverts which may be required
and showing direction of flow by arrows.
(4)
Total acreage and number of lots in subdivision; proposed
lot lines with lot dimensions and areas, lot numbers, building setback
lines and suggested locations of building.
(5)
All parcels of land intended to be dedicated for public
use or reserved in the deed for the use of property owners in the
proposed subdivision, with designation of the purposes thereof, together
with the conditions of dedication and limitations of reservation.
(6)
Sites, if any, for multifamily dwellings, shopping centers,
churches, industry or other nonpublic uses exclusive of single-family
dwelling.
(7)
The location of temporary markers adequate for enabling
the Planning Board to locate readily and appraise the basic layout
in the field.
C.
Vicinity map. The basic layout shall be accompanied by
a vicinity map drawn at the scale of not over 400 feet to the inch
to show the relation of the proposed subdivision to the adjacent properties
and to the general surrounding area. The vicinity map shall show:
(1)
All existing subdivisions and tract lines of acreage parcels,
together with the names of the record owners of adjacent parcels of
land, namely those directly abutting or directly across any and all
streets adjoining the proposed subdivision.
(2)
Locations, widths and names of existing, filed or proposed
streets, easements, building lines and alleys pertaining to the proposed
subdivision and to the adjacent properties as designated above.
(3)
The boundaries and designations of zoning districts affecting
the tract, special utility district lines, political boundaries, school
district boundaries and parks or other public spaces.
(4)
An outline of the platted area, together with its street
system and an indication of the future probable street system of the
remaining portion of the tract, if the preliminary layout submitted
covers only a part of the subdivider's entire holding.
D.
By the approval of these regulations by resolution, the
Town Board hereby authorizes the Planning Board, in accordance with
the provisions of § 281 of the Town Law of the State of
New York simultaneously with the approval of a plat or plats pursuant
to this article, to modify applicable provisions of the Zoning Ordinance,[1] subject to the conditions hereinafter set forth. Such
authorization shall specify the lands outside the limits of any incorporated
village to which this procedure may be applicable. The purposes of
such authorization shall be to enable and encourage flexibility of
design and development of land in such a manner as to promote the
most appropriate use of land, to facilitate the adequate and economical
provision of streets and utilities and to preserve the natural and
scenic qualities of open lands. The conditions hereinabove referred
to are as follows:
(1)
If the owner makes written application for the use of
this procedure, it may be followed at the discretion of the Planning
Board if, in said Board's judgment, its application would benefit
the Town.
(2)
This procedure shall be applicable only to lands zoned
for residential purposes, and its application shall result in a permitted
number of dwelling units which shall in no case exceed the number
which could be permitted, in the Planning Board's judgment, if
the land were subdivided into lots conforming to the minimum lot size
and density requirements of the Zoning Ordinance applicable to the
district or districts in which such land is situated and conforming
to all other applicable requirements. All calculations are to be tabulated
on the plan in order to verify lot areas, road areas, road widenings,
etc.
(3)
The dwelling units permitted may be at the discretion
of the Planning Board and subject to the conditions set forth by the
Town Board, in detached, semidetached, attached or multistory structures.
(4)
In the event that the application of this procedure results
in a plat showing lands available for park, recreation, open space
or other municipal purposes directly related to the plat, then the
Planning Board as a condition of plat approval may establish such
conditions on the ownership, use and maintenance of such lands as
it deems necessary to assure the preservation of such land for their
intended purposes. The Town Board may require that such conditions
shall be approved by the Town Board before the plat may be approved
for filing.
(5)
The proposed site plan, including areas within which structures
may be located, the height and spacing of buildings, open spaces and
their landscaping, off-street open and enclosed parking spaces and
streets, driveways and all other physical features as shown on said
plan or otherwise described, accompanied by a statement setting forth
the nature of such modifications, changes or supplementation of existing
zoning provisions as are not shown on said site plan, shall be subject
to review and public hearing by the Planning Board in the same manner
as set forth herein for the approval of plats.
A.
Following the pre-preliminary hearing, the Planning Board
will send a formal communication to the subdivider setting forth the
specific modifications required, if any, and listing requirements
which the Board will agree to waive. After receiving the Board's
formal communication regarding the basic layout, the subdivider shall
apply for approval. After obtaining preliminary approval from the
Planning Board and, if required, final approval of the Architectural
Board of Review,[1] the subdivider shall apply for and the Planning Board
will schedule the statutory final hearing within 30 days of application,
notice of which will be duly published. This application shall be
filed within six months from the date of the preliminary hearing.
[Amended 1-24-2000 by L.L. No. 1-2000]
B.
The plat, in form suitable for filing, shall conform substantially
to the basic layout as amended. A subdivider wishing to vary from
the agreed basic layout already reviewed at a hearing may do so with
the approval of the Planning Board; a new application for approval
may be required together with formal withdrawal of the former application
so as to afford adequate time for the Architecture and Community Board
of Review[2] to review the new layout and for the public to express
its views.
C.
D.
The vicinity map submitted with the basic layout may serve
as the required sketch layout of the entire tract if a portion only
is submitted for present approval and filing. The design of the portion
of the tract lying outside the boundary of the section currently being
filed is to be presented solely for the guidance of the Board in reviewing
the present plat. At a later date, therefore, the subdivider may revise
the unfiled portion at his own discretion before submitting additional
sections of the tract for approval and filing. If, however, these
additional sections are submitted in substantial conformity with an
initial basic layout of the entire tract, no further preliminary hearings
will be required. In this way the later stages of a gradual development
of a tract over a period of time may involve only the statutory hearings
required by law.
E.
In connection with submitting the formal plat for approval
by the Planning Board, two separate and distinct courses with respect
to improvements either of which may be followed at the option of the
subdivider. In the first, the subdivider constructs all of the improvements
before final approval of his plat. In this case the Planning Board
shall require certificates from the appropriate Town departments as
to the satisfactory condition of the improvements completed and their
compliance with the appropriate improvement specifications. Under
this alternative, modifications subsequently required in the plat
by the Planning Board as a condition of approval may necessitate extra
construction work in the field.
F.
In the second alternative, the subdivider submits his plat
before the improvements are completed but posts with it a performance
bond insuring that the Town will have funds to complete the work if
it is halted. The Planning Board may require certificates from the
appropriate Town departments as to the sufficiency of the amount of
the bond, from the Town Board approving the bonding company or the
security, and from the Town Attorney as to the legal adequacy of the
bond's form and manner of execution. The Planning Board may then
act on the formal plat, and if it acts favorably the plat may be filed
with the County Clerk before the improvements have actually been installed.
Developer shall comply with subdivision regulations applicable to
tree planting, grading of lots, topsoil, required grass cover on banks
and drainage swales, and proper drainage of lots.
G.
In both the above actions the street plan shall be approved
and constructed in conformance with the procedures and requirements
set forth in the street specifications,[5] including the provision requiring a maintenance bond on
all improvements for a period of one year after dedication and acceptance
by the Town.
[5]
Editor's Note: See Appendix Part I, Street Specifications
for Subdivisions.
A.
For purposes of filing, the plat shall be presented accurately
drawn in ink on tracing cloth by a licensed surveyor or professional
engineer. It shall be drawn at a scale of not more than 100 feet to
the inch on uniformly sized sheets either 20 inches by 20 inches or
20 inches by 40 inches including a margin of one inch outside ruled
border lines on three sides and of two inches for binding outside
the ruled border line along the left hand twenty-inch side. Where
more than one sheet is required to show the entire subdivision at
the proper scale, an additional index sheet of the same size shall
be filed showing the entire subdivision to appropriate scale on one
sheet with lot and block numbers. For large subdivisions or wherever
a tract is to be subdivided gradually over a period of time, the formal
plat may be submitted for approval, progressively in contiguous sections
satisfactory to the Planning Board.
B.
The sheet or sheets shall include the proposed subdivision name or identifying title and location in reference to Rockland County real estate records, graphic scale, true north arrow, date, names and addresses of record owner and subdivider, and name, license number and seal of the surveyor or professional engineer. Space shall be reserved for endorsement of the County Department of Health, which shall be obtained before the plat is submitted to the Planning Board at the final-approval hearing, and two boxes each two inches by 3 1/4 inches shall be provided for the Board's stamp of approval. The plat shall show the following elements designed in accordance with the regulations established below under Article III, Requirements and Standards for Subdivision Design, except where specifically amended by the Planning Board and set forth in its formal communication:
(1)
The boundary lines of the tract and the exact location
of and width of all existing or recorded streets or easements intersecting
the boundaries, tied to reference points or monuments previously established
by a public authority. Names of record owners of adjacent parcels
of land.
(2)
The boundaries and designations of zoning districts affecting
the tract, special utility district lines, political boundaries, school
district boundaries and parks or other public spaces.
(3)
Lines of streets, easements, ditches, watercourses, lot
areas to be dedicated to public use, reservations and boundaries between
types of private use restrictions, with the length and true bearing
of all straight lines, and the radii and central angles of all curves.
All lengths shall be in feet and decimals of a foot; all angles shall
be given to the nearest 10 seconds.
(4)
Designation that will distinguish between all streets,
parks or other public open spaces for which deeds of cession are included
and those spaces to which title is reserved for the developer.
(5)
Names of streets.
(6)
Proposed lot, block and map numbers in sequence as directed
by the Town Assessors. Assessor's approval to be presented to
Planning Board.
(7)
Minimum building setback lines on all lots and other sites.
(8)
Permanent reference monuments and their elevation, as required in § 21-22, to be shown with an "X" tied to reference points previously established by a public authority and where possible to the state system of plane coordinates. All lot corner markers shown with an "O".
(9)
The location of all of the following improvements, required
by law unless specifically waived in writing by the Planning Board
on a finding that they are not necessary in the circumstances of the
particular subdivision: street paving, street signs, sidewalks, streetlighting
standards, utility poles, curbs, gutters, street trees, water mains,
fire hydrants, sanitary sewers and storm drains and private sewage
disposal systems; proposed finished grade elevations, indication of
the method of draining land.
(10)
Present and final contours. No subdivision plan
shall receive final approval unless the said plan shall show present
and final contours; at two-inch intervals. In the event that it is
impractical to show these on the subdivision plan itself, the subdivider
may request and the Planning Board may allow the present contours
to be shown on a separate map.
(11)
The number, dimensions and square footage of each
lot and proposed location of house on each lot; finish grade elevations
at all lot corners, at house corners and road elevations; method of
draining each lot. Drainage ditches, swales and surface drainage shall
be indicated by flow arrows on each lot which shall comply with the
finish contours.
(12)
Typical lot plan showing yard distances, locations
of required trees, sidewalks and curbs.
C.
Petition to the Town Board. Prior to final approval the
developer shall present a proper petition to the Town Board of the
Town of Orangetown for the establishment of all special districts
required. All fire hydrants and street signs and streetlighting standards
shall be installed, at the expense of the developer, at such time
as the Superintendent of Highways may deem most advisable, but in
any event prior to the grading and paving of the highway or highways
to be constructed. Streetlighting shall be provided at the developer's
expense prior to issuance of any certificate of occupancy in the subdivison.
D.
Action by Planning Board. Within 45 days following the
date of statutory hearing for final approval, the Planning Board shall
act to approve, modify or disapprove the plat. If the Board approves,
certification to that effect will be placed upon the plat. Should
the Board take no action within 45 days, the developer is protected
by Section 276 of the Town Law which provides for automatic approval
after that time. If the subdivider and the Planing Board mutually
desire to extend this period beyond the statutory 45 days, a written
agreement shall be drawn up and duly executed setting forth the reasons
for such extension and its duration.
E.
Filing plat. The developer must file the plat within 90
days after such approval at the office of the County Clerk, otherwise
approval will expire and the plat will have to be resubmitted to the
Planning Board. At the time of release of the signed vellum to the
developer or his duly authorized agent for filing in the County Clerk's
Office, the Planning Services Department[1] will indicate the number of black and white prints of
the final filed vellum which are to be supplied to said Department
for the necessary distribution thereof.
F.
Map — 100 feet to the inch. After final approval
the developer shall supply to the Zoning Office for distribution,
one plan of the subdivision on a scale of 100 feet to the inch, in
addition to the other plans supplied.
G.
Rescinding of approval. If, within 90 days after final
approval, no building permits shall have been issued, and no bond
has been furnished the Town of Orangetown for construction of highways
and improvements, etc., the final approval given by the Planning Board
shall be deemed to be rescinded and no permits shall be issued unless
and until a new subdivision plan has been approved in accordance with
the Town of Orangetown Subdivision Regulations. Applicant may apply
for extension of ninety-day period as provided by law.
