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Town of Orangetown, NY
Rockland County
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Table of Contents
Table of Contents
A. 
Waiver of requirements. The subdivider shall adhere to the following general requirements and standards for land subdivision. He may apply to the Planning Board however for a waiver or modification of any requirement or standard by presenting a written request including the reason for requesting the change. Such request should be filed with the original application. The Planning Board will act upon it after the hearing and will inform the subdivider of its decision in its formal communication.
B. 
Plats not wholly within the Town. Wherever access to the subdivision can be had only across land in another municipality, the Planning Board will require certificates from authorities having jurisdiction that this access is adequate and approved by the adjoining municipality and that a legally adequate performance bond has been duly executed and is sufficient in amount to assure the construction of the necessary road or roads in such other municipality.
C. 
Replatting. Replatting of all or part of land covered by an existing plat or laid out prior to compulsory filing shall follow the regulations required for an original plat, including the vicinity map at the time of replatting. Such replat shall show clearly what area or areas have been vacated. It shall also show the file number of all previous plats of the same area with dates of filing.
D. 
Flood hazard. Land liable to periodic or occasional flooding or where the water table is near the surface shall be subject to special treatment and review with the Planning Board.
Subdivisions in districts zoned for business or industry and so intended shall be laid out in a manner appropriate to the use subject to review and approval by the Planning Board. In approving these plats the Board shall require adequate provision for off-street loading and unloading operations, off-street parking, additional street width where necessary to insure against through traffic being hampered by automobile and truck movement related to the new structure, provision for the safety and convenience of pedestrians and appropriate planting.
A. 
Types of streets. Major streets or highways, including thru roads as defined in the Town Development Plan, are those which are used primarily for fast or heavy traffic. Collector and secondary streets are those which carry traffic from local streets to the major system of major streets and highways, including the principal entrance streets of a residential development and streets for circulation within such development. Local streets are those which are used primarily for access to the abutting properties. Marginal access streets are local streets which are parallel to and adjacent to major streets and highways and which provide access to abutting properties and protection from through traffic.
B. 
Planning or official streets. The plat shall include within it all streets shown on the Official Map and Town Plan that fall within the site and all other streets that the Planning Board may require for connection with adjacent property and proper development of the vicinity.
C. 
Parallel access streets. Where the proposed subdivision contains or is adjacent to a railroad right-of-way or limited access highway right-of-way, provision should be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land between such streets and the right-of-way.
D. 
Marginal access streets. Where the subdivision contains or is adjacent to an existing or proposed major street, the Board may require marginal access streets, reversed frontage with screen planting, or other treatment to protect residential properties and to separate through and local traffic.
E. 
Street jogs. Street jogs with center-line offsets of less than 125 feet shall be avoided.
F. 
Street intersections. Intersections of streets shall be at angles as close to 90° as possible, and in no case shall two streets intersect at an angle smaller than 60°. To this end an oblique street should be curved approaching an intersection. Where three or more streets intersect, a traffic circle or other special treatment may be required by the Planing Board. At block corners the traveled way shall be rounded with a curve having a radius of not less than 25 feet. The corner property lines also shall be rounded to maintain a margin at least as wide as along the minor intersecting street between traveled way and property line. Where two streets intersect at an angle smaller than 75°, the right-of-way returns and the relation of gutter grades shall be given special treatment as determined by the Planning Board.
G. 
Street names.
(1) 
In order to avoid duplication of names unduly similar in sound the subdivider shall submit proposed street names to the Planning Board for approval.
(2) 
All street signs shall be furnished by the developer and shall be of such type and so located as required by the Town Highway Superintendent.
H. 
Other design standards for new streets. Streets shall meet the additional design standards set forth below. All street design shall be approved by Town Engineer and Superintendent of Highways. Street classification may be indicated on the Town Plan or Official Map. Otherwise, it shall be determined by the Planning Board.
IMPROVEMENT
ZONING DISTRICT
Residential
Nonresidential
Minimum Lot Size in Square Feet
Business-Industry
40,000 or more
Less than 40,000
Minimum Right-of-way Width (feet)
Local street
50
50
60
Collector street
50
60
80
Secondary street
60
70
80
Major street
80
80
80
Minimum Width — Traveled Way (feet)
Local street
30*
30
40
Collector street
30
40
44
Secondary street
40
44
52
Major street
40
44
64
Street Pavement, Gutters Drainage Structures, Turnaround, etc.
(See Town of Orangetown Construction Standards and Specifications)
Maximum Grade
Local street
10%
10%
6%
Collector street and Secondary street
8%
8%
5%
Major street
8%
8%
5%
Minimum Grade
1%
1%
1%
Minimum Radius of Curve at C. L. (feet)
Local street
100
100
200
Collector street and Secondary street
200
200
400
Major street
400
400
400
Minimum Length of Vertical Curve (feet)
Local street
100, but not less than 20 for each 1% algebraic difference in grade.
Collector street and Secondary street
200, but not less than 50 for each 1% algebraic difference in grade.
Major street
300
Minimum Length of Tangents Between Reverse Curves (feet)
Local street
100
100
200
Collector street and Secondary street
200
200
300
Major street
300
300
400
Minimum Sight Distance (feet)
Local street
200
200
250
Collector street and Secondary street
300
300
300
Major street
400
400
400
At intersections
Across corner — 75 back from intersection
Minimum Turnaround—Local Streets (feet)
Diameter
Right-of-Way
30
130
160
Pavement
10
110
140
Center Island Diameter
50
50
60
Maximum Length of Cul-de-sac
Permanent
six times minimum lot width
Serving no more than 15 families
500
Temporary
Twelve times minimum lot width
Serving no more than 30 families
1,000
Sidewalks
Local street**
Both sides four feet wide
Both sides four feet wide
Both sides 10 feet wide***
Collector street and Secondary street
Both sides four feet wide
Both sides four feet wide
Both sides 10 feet wide***
Major street
Both sides six feet wide
Both sides six feet wide
Both sides 10 feet wide***
(See Town of Orangetown Construction Standards and Specifications)
Minimum Radius at Intersections (feet)
Right-of-Way
25
25
30
Pavement
25
25
30
*
The Board may reduce to 24 feet if the modified specifications are equivalent to those found in the street specifications and finds the following:
1.
The subdivision is located in an area zoned for one-acre minimum lot size, and rezoning to smaller lot size is not designated in the Zoning Code[2] or contemplated in the Town Development Plan.
2.
The approved plan of the subdivision calls for at least two parking spaces per lot at least 25 feet from the street line.
3.
The proposed street will serve nearby residences only.
**
May be waived by Planning Board on permanent dead-end streets.
***
In industrial districts, right-of-way and pavement widths, and sidewalk standards, may be reduced when potential traffic and parking requirements can be satisfied by lesser standards.
[2]
Editor's Note: See Ch. 43, Zoning.
[1]
Editor's Note: See also Appendix Part I, Street Specifications for Subdivisions.
In general, block lengths shall not be less than 500 feet nor more than 1,200 feet. Each normal block shall be planned to provide two rows of lots but large irregularly shaped blocks with the interior served by dead-end streets may be presented for consideration.
Lots shall conform to the provisions of the Zoning Code[1] and shall be appropriate for the location and for the type of development contemplated. Lots for residential use shall front, where possible, on minor streets, laid out so as to discourage through traffic. Double-frontage lots shall be avoided, except where necessary to separate residential areas from traffic arteries or other specific disadvantages. In such cases a planting screen easement at least 10 feet wide across, which there shall be no right-of-access to, shall be provided along the lot lines abutting the artery or disadvantageous use. In general, lot lines shall be at right angles to straight street lines and radial to curved street lines within 10°. In case a tract is subdivided into larger parcels than normal building lots, these parcels should be arranged to allow for the opening of future streets and logical further subdivision.
[1]
Editor's Note: See Ch. 43, Zoning.
Public utility easements (refer back to pre-preliminary stage),[1] at least 10 feet wide, centered along either rear or side lot lines and laid out to provide satisfactory access to existing public highway or other public open space shown upon the proposed subdivision or upon the Official Map, shall be provided for utilities where necessary. Service alleys will not be approved in residential districts. In commercial districts, suitably surfaced alleys generally 20 feet in width may be allowed by the Planning Board.
[1]
Editor's Note: See § 21-9.
Areas for schools, where required by the Planning Board, shall be set aside for dedication or reservation. No arbitrary percentage of area will be specified, but in general the developer should set aside suitable land sufficient for this purpose and shall provide in addition adequate parking space within such areas.
A. 
Sites reserved. The Planning Board may require that land be reserved for parks and playgrounds or other recreation purposes in locations designated on the Town Plan or Official Map, or otherwise where it deems that such reservations would be appropriate. Each reservation shall be of suitable size, dimension, topography and general character, and shall have adequate road access, for the particular purposes envisioned by the Planning Board. The area shall be shown and marked on the Plat "Reserved for Recreation Purposes." When recreation areas are required, the Planning Board shall determine the number of acres to be reserved from the following table, which has been prepared on the basis of providing two acres of recreation area for every 100 families. The Planning Board may refer such reservations to the appropriate Town agency for recommendations.
TABLE OF RECREATION REQUIREMENTS
Existing Zoning District
Percentage of Total Land in Subdivision to be Reserved for Recreation Purposes
Residence
Residence R-40
2.0%
Residence R-22
3.5%
Residence R-15
5.0%
Residence RG
10.0%
B. 
Minimum size of park and playground reservations. In general, land reserved for recreation purposes shall have an area of at least four acres. When the percentages from the table above would create less than four acres, the Planning Board shall require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. In no case shall an area of less than two acres be reserved for recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area.
C. 
Recreation sites. Generally, land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or other recreation purposes, and shall be relatively level and dry. A recreation site shall generally have a total frontage on one or more streets of at least 100 feet, and no other dimension of the site shall be less than two 200 feet or as approved by the Planning Board. The Planning Board may refer any subdivision proposed to contain a dedicated park to the appropriate Town agency for its recommendation. All land to be reserved for dedication to the Town for park purposes shall have prior approval of the Town Board.
D. 
Other recreation reservations. None of the subsections above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.
E. 
Alternative procedure; money in lieu of land. Where the Planning Board, after consultation with the Orangetown Park Development Advisory Committee, deems, with respect to a particular subdivision, including minor subdivisions, that a reservation of land would be inadequate in size for park or playground use, either above or in conjunction with abutting reservations on adjoining subdivisions, or is otherwise inappropriate for such use, the Planning Board shall waive the requirement for such reservation with the condition that the applicant deposit with the Town Board prior to filing the vellum a cash payment in lieu of land reservation. Such deposit shall be placed in a special fund, and each such deposit shall be separately identified to show the name and location of the subdivision for which the deposit was made. Such deposit shall be used by the Town for neighborhood parks, playgrounds or recreation areas, including the acquisition of property and/or development thereof. However, such deposit must be used within a reasonable period of time, and such expenditure must be for facilities that will be actually available to and benefit the persons in said subdivision. The Planning Board shall determine the amount to be deposited based on the formula established by resolution of the Town Board.
[Amended 6-12-1972; 12-9-1974; 12-8-1986 by L.L. No. 6, 1986; 10-16-1995 by L.L. No. 22, 1995]
(1) 
Specifications on parklands to be dedicated to the Town. The developer shall do the following prior to dedication, and the estimated cost of such work shall be included in the subdivision bond:
(a) 
Clean the park site.
(b) 
Grade property to final contours, as approved by the Planning Board, so as to provide a usable self-draining site.
(c) 
All topsoil is to remain or all topsoil will be provided, as required by subdivision regulations, for individual lot development.
(d) 
The area is to be seeded and planted in the same manner as the subdivision regulations provide for one-family houses or in accordance with the requirements of the Planning Board.
(e) 
Trees are to be provided as required by the Planning Board on all road frontages.
(f) 
Curbs and sidewalks are to be installed along all street frontages.
(g) 
Curb cuts are to be provided as directed by the Planning Board.
(h) 
Stabilized slopes are required.
(i) 
All sewers and utilities are to be brought to the site.
A. 
Street improvements.[1] All the improvements required shall be constructed in accordance with the latest specifications, of the Town of Orangetown. Additional specifications may be required by the Superintendent of Highways in particular circumstances.
[1]
Editor's Note: See also Appendix Part I, Street Specifications for Subdivisions.
B. 
Water supply. Where a water main is accessible, the subdivider shall connect into the main and provide a water connection for each lot, site or other area. Where a main is not reasonably accessible, the subdivider shall place on file with the municipality or utility serving the area a petition for the future installation of necessary mains and connections.
C. 
Final survey. After the construction of the highways and installation of the drainage facilities, the bond furnished by the developer shall not be released until such time as a final amended survey has been submitted to Town Planning Services Department[2] showing the final grades, all contours, drainage, sewers and other improvements as constructed and installed.
[2]
Editor's Note: See Ch. 28, Planning Services Department.
D. 
Sewage disposal. Where a public sanitary system is accessible the subdivider shall connect into the sewer and provide a sewer connection for each lot. Where the sewer is not reasonably accessible but where the plans for the sanitary sewer district in which the subdivision is located have been prepared, the subdivider shall install sewers in conformity with those plans although a connection with an existing main may not be immediately practicable. Where the subdivision involved is not in a sewer benefit area, the developer shall present a proper petition and plan to the Town Board for the creation of an approved type of sewer benefit area, and shall install sewers as shown on the said plan, although a connection with an existing main may not be immediately practicable. In such cases and until the connection is made with the sewer system of the district, the subdivider shall provide private sewer disposal systems to conform to the requirements of agencies having the jurisdiction.[3]
[3]
Editor's Note: See Ch. 28, Sanitation and Sewage.
E. 
Drainage.
(1) 
The developer may be required by the Planning Board to carry away by pipe any spring or surface water that may exist either previously to, or as a result of, the subdivision. Such drainage facilities shall be located in the road rights-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the standards and specifications.[4]
[4]
Editor's Note: See Appendix Part I, Street Specifications for Subdivisions.
(2) 
A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer or Consulting Engineer shall determine the necessary size of facility, based on the provisions of the Town standards and specifications,[5] assuming conditions of maximum potential watershed development permitted by the Zoning Code.[6] The Planning Board may require that because of existing or potentially hazardous conditions that the drainage facilities be piped or enclosed.
[5]
Editor's Note: See Appendix Part I, Street Specifications for Subdivisions.
[6]
Editor's Note: See Ch. 43, Zoning.
(3) 
The Town Engineer shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Where it is anticipated that the additional inter-Town runoff incident to the development of the subdivision will overload an existing downstream drainage facility as determined by the Town's Consulting Engineer, the the Planning Board shall notify the Town Board, or other appropriate owners of downstream property, of such potential condition. In such ease, the Planning Board may withhold approval of the subdivision until provision has been made for the improvement of said potential condition.
(4) 
Lots shall be graded so as to prevent ponding on the lot area. Final grading and draining on all lots shall comply with elevations and drainage as shown on subdivision plat.
(5) 
The developer shall provide temporary drainage structures and be fully responsible for adverse conditions resulting from stormwater runoff during construction.
(6) 
Where changes in the approved lot grading, final contours or the storm drainage plan, either internally or externally, are required to be made during the course of construction, the developer shall prepare a new plan showing the proposed changes and submit same for approval by the Town Engineer. No change shall be made in the lot grading and internal or external drainage, as shown on the approved plan, until such change has been approved by the Town Engineer and the Planning Board as herein provided. The Building Inspector may withhold issuance of further permits or certificates of occupancy if, in the opinion of the Town Engineer or the Planning Board, the public health, safety and welfare of the Town will be adversely affected by construction continuing prior to the approval of the required changes in the approved drainage plan. Upon approval of the Town Engineer and the Planning Board, a copy of the revised plan, showing all changes of the approved plan, shall be refiled with the County Clerk and properly cross-referenced. Copies of refiled plan to Building Inspector.
(7) 
Before favorable consideration will be given by the Planning Board to an application for final approval, the subdivider shall secure approval of his grading and drainage of lots and drainage system by the Town's Consulting Engineers. The subdivider shall submit the following to the Engineers:
(a) 
A topographic map of the development and contiguous areas and to a scale not more than 100 feet to the inch, showing:
[1] 
Final contours referred to U. S. G. S. datum, contour interval not to exceed two feet, and indicating the proposed grading, drainage, swales, ditches and indicate by directional arrows surface water flow of the individual lots.
[2] 
All existing and proposed drainage structures (pipes, street inlets, manholes, culverts, etc.) in sufficient detail to permit examination of the system.
(b) 
Profiles along all existing and proposed streets, showing:
[1] 
All existing and proposed drainage structures.
[2] 
Their sizes, slopes and invert elevations.
[3] 
The pipe material.
(c) 
Plans and sections showing the type and structural details of manholes, street inlets, culverts and other drainage structures which will be used in the drainage system.
(d) 
If the planned system requires changes in existing drainage structures or involves discharging the runoff on abutting property not owned by the subdivider, the subdivider shall submit, with his drainage plans, evidence of authority to make the required changes to dispose of the runoff on the abutting property and, if necessary, file easements with the Town.
(e) 
The subdivider shall submit seven copies of each drawing: one copy for the Planning Board, one for the Town Superintendent of Highways, one for the Engineer's records, one for the subdivider and one for the Hackensack Water Company (if the runoff is discharged within the watershed of the Hackensack River.)
(f) 
The subdivider shall submit additional drawings if he wishes copies of the letter of approval to be sent to parties other than those mentioned above.
(g) 
All drainage systems submitted for approval shall be designed by a New York State licensed professional engineer, whose seal and signature shall be affixed to the plans.
(h) 
If the design is acceptable, the Planning Board and the subdivider will be so advised by the Engineers. The plans and profiles of the drainage system, approved by the Planning Board, will be used to check construction.
(8) 
The Planning Board reserves the right to subject the construction of the drainage system to rigid inspection. No pipe or structure shall be backfilled until inspected. The subdivider shall notify the Building Department in advance of his construction schedule so that inspections can be made most advantageously for all parties concerned. No drainage pipe or structure shall be covered until inspected by a representative of the Town. The subdivider (or his contractor) shall advise the Engineer sufficiently in advance as to the stage of construction requiring inspection. When construction is completed, the subdivider shall submit to appropriate Town departments "as-built" record drawings (in three copies), on cloth, of the highway drainage system and sewerage prepared by a New York licensed professional engineer. The drawings will be examined by the Engineer of the Town of Orangetown, and one copy will be filed by the Town Clerk for permanent record and copy retained by the Highway Department and Sewer Department.
(a) 
All stream diversions shall be in accordance with the laws and ordinances of the State of New York and the Town of Orangetown.
[Added 2-28-1972; amended 6-26-1972]
A. 
The Department of Public Works shall provide for the inspection of required improvements during the construction of a residential or commercial subdivision or development. The applicant or developer shall pay to the Town an inspection fee of 3% of the amount of the performance bond or the estimated cost of the required improvements, whichever is the larger. The subdivision plat shall not be approved for filing by the Planning Board unless such fee has been paid to the Town. In addition, the developer shall pay extra payroll costs for all engineering and inspection services requested by the developer or any contractor outside the regular Town work hours. Said fees shall be due and payable upon demand of the Town.
B. 
The fees, charges and costs provided for herein shall be paid to the Department of Public Works. Said Department shall issue a receipt therefor to the applicant and forward a duplicate original receipt to the Office of Building, Zoning and Planning Administration and Enforcement of the Town of Orangetown. Such receipt shall be deemed sufficient evidence of the payment of the said fees, charges and costs.
C. 
No certificate of occupancy shall be issued for any structure unless and until the Department of Public Works has issued its receipt showing payment of all fees, charges and costs or its certification that all fees, charges and costs have been paid to date.
D. 
Affidavit of completion; pre-dedication escrow. Prior to the final approval and acceptance of dedications of any public improvements and release of any performance bond pursuant to the Town Code and the final Planning Board approval, the principal, applicant, and/or owner and/or developer on the project must sign an affidavit on a form provided by the Town stating that all the necessary work is completed on all public improvements for the entire subdivision and all public improvements are ready for dedication pursuant to the Town Code and the final Planning Board approval for the project. The applicant shall submit to the Town, along with the affidavit, current and up-to-date paper as-built drawings, along with a pre-dedication escrow fund, in an amount as established by the Town Board. Said monies shall be held in escrow by the Town and returned to the applicant upon approval of all public improvements by the Town Engineer and Superintendent of Highways. Upon receipt of the affidavit and pre-dedication escrow, the Town shall perform an inspection of all public improvements. If the public improvements as set forth in the affidavit have not been satisfactorily completed pursuant to the Town Code and the final Planning Board approval, or as otherwise determined by the Town Engineer and the Superintendent of Highways, a letter shall be sent by the Town Engineer and/or the Superintendent of Highways to the applicant detailing any outstanding items that must be addressed prior to approval and acceptance of any dedications and forfeiting the funds held in escrow as set forth herein. The applicant must thereafter submit another affidavit and pre-dedication escrow fund pursuant to this section, which monies shall be held in escrow and returned to the applicant upon approval of the Town Engineer and Superintendent of Highways. Whenever an applicant files an affidavit as set forth herein and the improvements are not satisfactory to the Town Engineer and Superintendent of Highways, the pre-dedication escrow funds as set forth herein shall be forfeited to the Town.
[Added 7-24-2006 by L.L. No. 11-2006]
[Added 9-30-1992 by L.L. No. 16, 1992]
The fees required in accordance with §§ 21-20 and 21-21.1 of this chapter may be waived by the Town Board of the Town of Orangetown, at its sole discretion, with respect to applications made by educational, religious, fraternal, service organizations and all other not-for-profit entities.
[Added 7-24-2006 by L.L. No. 11-2006]
Whenever the Town Engineer has reasonable grounds to believe that the construction of any public improvements as set forth in § 21-21 and as required pursuant to final subdivision approval by the Planning Board is not being performed in conformity with the final subdivision plan and/or the requirements and specifications as set forth by the Town Engineer in authorizing said improvements or as otherwise required by law, he shall notify the owner of the property, or the owner's agent or the person performing the work, to suspend work, and any such persons shall forthwith stop such work and suspend construction activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which construction may be resumed, including remediation of any defective or deficient condition in the construction of the improvements as determined by the Town Engineer, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same in a conspicuous location in the area wherein the construction is taking place or about to take place and sending a copy of the same by registered or certified mail.
Monuments shall be constructed in accordance with the specifications of the Town Highway Superintendent and the requirements of the State Department of Public Works. They shall be set at all corners and angle points of the boundaries of the original tract, at all street intersections and points of curve and at such intermediate points as shall be required by the Town Highway Superintendent. The corners of all lots shall be marked with metal rods 3/4 inch in diameter and at least 30 inches in length, driven into the ground to grade, said corner markers to be installed after final grading.
A. 
All abandoned road surfaces, masonry, foundations, or portions thereof, and similar impervious structures located under the surface, within three feet of the top of the finish subgrade, shall be removed or broken so that the greatest dimension of any piece is not greater than three inches and generally surrounded by acceptable soil. Acceptable soil shall be free from rejected organic matter, i.e., boggy, peaty or other unsuitable material such as garbage, sewer sludge, ashes, cinders and refuse. Subgrade shall be graded uniformly, in a workmanlike manner, so as to take care of the drainage, and shall have the same contour as the finish grade of the topsoil. All stones over four inches in diameter that are within six inches of the finish subgrade shall be removed.
B. 
Before any spreading of topsoil there shall be a subgrade inspection by the Town Building Department to determine compliance with Subsection A, above, and proper drainage.
A. 
No topsoil shall be removed from the subdivision. In areas over which heavy equipment will be operated, topsoil shall be stripped and piled on the property. When the final grades have been established and construction activities have been completed, the property shall be suitably graded and recovered with topsoil to an average depth, after rolling, of at least four inches over the entire area, except that portion covered by buildings or included in roads, and on any portion of the lot left in an undisturbed condition.
B. 
Topsoil shall not be spread after September 15 or before May 1. A certificate of occupancy issued between September 15 and May 1 shall require escrow of an agreed amount per lot. No certificate of occupancy shall be issued until the grading and respreading of the topsoil has been completed, unless a bond or escrow in an amount sufficient to guarantee the proper grading of the property and the respreading of topsoil is provided.
C. 
This requirement on topsoil is a responsibility accepted by the builder on behalf of the purchaser of the property, and any claims for nonperformance shall be only by the purchaser against the builder.
[Amended 9-13-1971; 12-27-1995 by L.L. No. 40-1995; 2-22-1999 by L.L. No. 3-1999[1]]
A. 
In the undisturbed area of the real property, there shall be no land clearing, clearing, development or construction within this area. In an area designated as a conservation easement, the land shall be left forever undisturbed and in its natural state.
B. 
In the development area of the real property, the property owner or developer shall protect all specimen trees and major trees in the development area on the approved subdivision plat and/or site plan designated to be preserved by the Architecture and Community Appearance Board of Review (ACABOR). Such trees shall not be damaged during construction activities or removed without the prior consent of ACABOR. In the event that such trees are damaged during construction activities or removed without prior consent of ACABOR, such trees shall be replaced by trees the size and species of which are to be determined by ACABOR, which trees shall be guaranteed and maintained for a period of one year. Any person violating this provision shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $1,500 for each tree removed and in violation of ACABOR's decision that it be preserved, whether said tree is replaced or not replaced pursuant to ACABOR determination. In addition, each property owner or developer shall preserve or plant at least one tree on the street side of each lot with spacing for a maximum of 40 feet between each tree as approved by ACABOR.
(1) 
Specification. The required tree shall be located on the lot, street side with spacing of one tree each 40 feet, with no tree within 25 feet of a street corner or within 20 feet of a fire hydrant. The tree shall be from the Town-approved tree list and shall be two-and-one-half-inch caliper, bagged and balled, pest and disease free and nursery grown. All trees shall be planted according to all landscaping industry standards and guaranteed for one year. The guarantee shall be in writing, a copy of which shall be given to the Town of Orangetown and shall be a condition of the issuance of a certificate of occupancy. The developer is to plant such trees with consideration to overhead wires. In the event that plantings are not completed due to weather or due to the time of year at the time of an application for a certificate of occupancy, the Town shall retain the sum of $1,500 for each tree required to be held in escrow to ensure planting of trees as required hereunder. In the event that the trees are not planted within one year from the issuance of the certificate of occupancy, the Building Department shall direct the Parks Department to cause such tree to be planted. The Building Department shall provide the escrow sum to the Parks Department to complete the same. The escrow agreement shall be in the form as approved by the Town Attorney.
(2) 
Liability. All work referred to above shall be performed without cost to the Town by the developer. The developer shall provide guarantee of sustained growth for a period of one year after the date of planting. Where the purchaser of the lot removes the tree or trees, the developer shall not be required to further replace the same, and any security deposited which the developer has made may be immediately returned. If the maintenance bond of the developer covets the planting and maintenance of the tree or trees, no escrow money shall be required.
(3) 
Tree lists.
(a) 
The following list of trees is approved. The Board determines if the area is damp, except when there are overhead conductors. In those instances the lists set forth in Subsection B(3)(b) or (c) shall be used as appropriate.
Cornus Kousa (Kousa Dogwood)
Pennsylvania Marshall's Seedless (Green Ash)
Veluntina Var. Globra (Modesta Ash)
Ash Genus — Fraxinus
Gleditsia Triacanthos Inermis (Shademaster Locust)
Gleditsia Triacanthos Skyline (Skyline Thornless Honeylocust)
Malus Baccata (Siberian Crab)
Nyssa Sylvatica (Sour Gum)
Platanus Acerifolia (London Plane Tree)
Prunus Sargenti (Sargent Cherry)
Prunus Serrulata Kwanzen (Kwanzen Cherry)
Pyrus Calleryana (Callery Pear)
Quercus borealis (Red Oak)
Quercus Coccinea (Scarlet Oak)
Quercus Palustris (Pin Oak)
Quercus Phellos (Willow Oak)
Tilia Cordata (Little Leaf European Linden)
Zelkova Serrata Village Green (Village Green Zelkova)
Red Spire
Chanticler
(b) 
The following list of trees is approved for damp areas:
Cercidiphyelus Japonicum (Katsura Tree)
Liquidambar Styaciflua (Sweet Gum)
Nyssa Sylvatica (Sour Gum)
Malus Baccata (Siberian Crab)
Platanus Acerifolia (London Plane Tree)
Quercus Phellos (Willow Oak)
(c) 
In the event that there are overhead conductors, the following list of trees are approved:
[1] 
Trees which are less than that 25 feet in height and are planted 15 feet from conductors:
Tree
Mature Height
(feet)
Amur Maple
18-20
Tatmar Maple
18-20
Crimson Cloud Hawthorn
15-20
Lavelle Hawthorn
10-20
Ivory Silk Japanese Tree Lilac
20-25
Oriental Upright Cherry
18-20
Ample Leaf Plum
12-15
Thundercloud Plum
12-20
Japanese Maple
10-20
Saucer Magnolia
20-25
Snowdrift Crabapple
18-20
[2] 
Trees which are less than 40 feet in height and are planted 15 feet from conductors:
Tree
Mature Height
(feet)
Hedge Maple
25-40
Imperial Honeylocust
30-40
Autumn Blaze Callery Pear
25-30
Cleveland Select Callery Pear
35-40
Redspire Callery
35-40
Spring Snow Crabapple
25-35
Flowering Dogwood
25-30
Kwanzan Oriental Cherry
25-35
Pink Flowering Dogwood
25-30
Washington Hawthorn
25-35
Thornless Cockspur Hawthorn
25-30
Sargent Cherry
30-40
[3] 
Trees which are more than 40 feet in height and are planted 35 feet from conductors:
Tree
Mature Height
(feet)
Cleveland Select Norway Maple
45-55
Autumn Flame Red Maple
45-55
Red Sunset Red Maple
50-60
Commemoration Sugar Maple
50-60
Skyline Honeylocust
65-75
Shademaster Honeylocust
60-70
Autumn Purple White Ash
50-60
Rose Hill White Ash
50-65
Patmore Green Ash
50-60
Urbanite Green Ash
50-60
Black Tupelo
40-70
Pin Oak
45-75
Red Oak
60-80
Legend American Linden
50-70
Little Leaf Linden
60-80
Village Green Zelkova
40-80
C. 
The Town Board of the Town of Orangetown shall adopt a resolution setting forth the guidelines for a program for protecting and preserving trees, shrubs and other natural vegetation within the Town of Orangetown.
[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.
The developer shall install underground utilities, electric, telephone, etc., in the streets and on the lots unless this requirement is waived by the Planning Board. The developer shall obtain the approval of the Town Board of the type, material and location of all streetlighting standards.
All debris from both land clearing and building operations shall be legally removed from the property and from adjoining property, and the subdivision left in a clean condition.
A. 
On application for a building permit, a plot plan shall be submitted showing lot number, dimensions and square footage of lot, location of house, all setbacks, driveway, house model and size of house. Finish grade elevations at all lot corners and house corners, garage slab, grade door sill and the elevation of the road at a point opposite the side lines of all lots. The surface water drainage on all lots shall be indicated by flow arrows. This plan shall conform with the finish grade and contours as indicated on the approved subdivision map.
B. 
On application for a certificate of occupancy, a final plot plan shall be submitted showing the final location of the house, and so stating all of the requirements in the above Paragraph A, and a statement by the developer's licensed engineer or surveyor that the plot plan is an as-built plan. The plan shall also indicate the iron pin lot markers at all lot corners, and the developer's engineer or surveyor shall certify by signing that they have been installed and give the date of installation.
A. 
All drainage swales draining more than one lot shall have grass cover and all slopes steeper than one on three shall have grass cover to prevent erosion.
B. 
If actual lot grading does not conform to the approved drawings, no certificate of occupancy will be granted until the condition is corrected or the changes are approved by the Town's Consulting Engineers and the grading completed.
A. 
When required by the Building Department or the Town Engineer, all house roof drains shall be connected to the street storm sewer or to dry wells, at least 20 feet from structure on the lot.
B. 
When required by the Building Department or the Town Engineer, window wells shall be graveled and drained by piping to the street storm sewer or to a dry well at least 20 feet from structure on the lot.
C. 
All soil erosion caused by roof drains shall be repaired.
Houses in developments shall not have more than one kitchen, and no provisions shall be made for a future kitchen.
During construction, the developer shall keep all roads free and clear of dust and debris, and shall employ proper methods to control dust on the construction site.
Until the streets are dedicated to the Town of Orangetown, the developer shall remove snow from all streets on which certificates of occupancy have been issued. If the developer does not do so, the Town may on 12 hours' notice hire a contractor to plow the snow and charge the cost thereof to the developer. The subdivision bonds shall not be released or reduced unless all claims for snow plowing have been paid.