CHAPTER 158

SUBDIVISION OF LAND

Table of Contents

ARTICLE I 
General Provisions

§158-1.  	Short title.
§158-2.  	Authority of the Planning Board.
§158-3.  	Purpose and intent.
§158-4.  	Fees.

ARTICLE II 
Definitions

§158-5.  	Terms defined.

ARTICLE III 
Procedure and Submission Requirements

§158-6.  	Approval required.
§158-7.  	Sketch approval.
§158-8. 	Sketch plan requirements.
§158-9.  	Preliminary plat approval.
§158-10.  	Preliminary subdivision plat requirements.
§158-11.  	Final subdivision plat approval.
§158-12.  	Final subdivision plat requirements.
§158-13.  	Putnam Valley general notes.

ARTICLE IV
Design Standards

§158-14.    Preservation of existing features.
§158-15.    Monuments and permanent markers.
§158-16.    Layout of lots.
§158-17.    Streets and sidewalks.
§158-18.  	Grading, stormwater, and erosion control.

ARTICLE V
Lot Line Change

§158-19.  	Procedure.
§158-20.  	Submission requirements.

ARTICLE VI
Conservation Subdivision Review Process 
§158-21.  	Conservation Subdivision Review Process.

ARTICLE VII
Penalties for Offenses

§158-22.  	Penalties for offenses.

ARTICLE I 
General Provisions

§158-1.  Short title.

These regulations shall be known as and may be cited by the title “Subdivision Regulations of the Town of Putnam Valley.”

§158-2.  Authority of the Planning Board.

A.	For the purpose of managing for the future growth and development of the Town of Putnam Valley and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health, and welfare of the residents of the Town of Putnam Valley, the Town Board hereby authorizes and empowers the Planning Board of the Town of Putnam Valley to approve subdivisions pursuant to §276, §277 and §278 of the New York State Town Law (“Town Law”).

B.	Subdivision approval also entails, in most cases, approval of site plans and, in some instances, freshwater wetland permits, grading permits, and other permits separately provided for elsewhere in the Code of the Town of Putnam Valley and under federal, State, and County laws and regulations. Applicants should consult such codes, laws, and regulations for their relevance and requirements.

§158-3.  Purpose and intent.

It is declared to be the policy of the Planning Board to consider land subdivisions as part of the orderly and desirable development of land guided by the following regulations. These regulations provide a procedure and standard. Their intent is to encourage the most appropriate and best development of land in order to protect and promote the general welfare, which is intended to include the following, in addition to those purposes specified in §276 and §277 of Town Law:

A.	To assure that land to be subdivided will produce building sites of such character and area that will permit their development for homes or buildings without danger to health or peril from fire, flood, or other menace.

B.	To facilitate the most ecologically sound construction of drainage systems, water supply, sewage disposal, and other needed improvements, including any appropriate parks and playgrounds.

C.	To promote the safe and convenient circulation of vehicles, bicycles, and pedestrians. Streets shall be designed, located, and constructed so as to accommodate current traffic and future traffic where required.

D.	To protect the natural character of the land and promote the conservation of all elements of topography and vegetation which contribute to the natural beauty of the land.

E.	To protect the quality and quantity of the drinking water supply of the residents of the Town.

§158-4.  Fees.

Fees required under this chapter shall be determined on an annual basis by resolution of the Town Board and a copy of the schedule of fees shall be available at the office of the Town Clerk.

ARTICLE II 
Definitions

§158-5.  Terms defined.

A.	Terms and acronyms used herein, for which a definition exits under the Zoning Ordinance of the Town of Putnam Valley (Town Code Chapter 165), shall have the same definitions as those contained in such ordinance. Words not defined under Town Code Chapter 165 (“Zoning Ordinance”) and used herein shall have the meanings given in the most recent version of Webster’s Unabridged Dictionary.

ARTICLE III 
Procedure and Submission Requirements

§158-6.  Approval required.

A.	No lot shall be subdivided, and no subdivision created, without Planning Board approval as provided herein. Such approval entails three stages: (a) sketch approval, (b) preliminary plat approval, and (c) final plat approval.

B.	No lot which has been clear cut as defined in Chapter 161 of the Code of the Town of Putnam Valley (“Tree Cutting”) may be subdivided any time within ten years following the act or acts of clear cutting. 

C.	If at any time prior to final plat signature, an applicant fails to submit requested documentation for a continuous period of 12 months or more, the application shall be deemed withdrawn without prejudice but without refund of fees theretofore paid. In the event that an application is deemed withdrawn under this section, the applicant shall submit a new application and a sketch plan to reinitiate the process.

§158-7.  Informal discussion and sketch approval.

A.	Prior to submitting an application, the applicant shall appear before the Planning Board for an informal discussion. The purpose of this discussion is to familiarize the Planning Board with the proposed subdivision and discuss potential impacts associated with the development of the subject parcel. This process shall aid in minimizing the need for time-consuming and costly revisions to engineering plans. 

B.	Sketch approval is the first formal step in the subdivision review process. The purpose of the sketch plan is to provide an introductory review of the proposed subdivision and to:

1.	Determine the type of action and the Planning Board’s responsibility under the New York State Environmental Quality Review Act (SEQRA).

2.	Determine whether the proposed subdivision conforms to the Zoning Ordinance of the Town of Putnam Valley.

3.	Identify referrals, approvals, and/or permits required from the Planning Board and other local, state, and federal agencies such as, but not limited to, the Putnam County Department of Health, Putnam County Department of Highways and Facilities, Putnam County Department of Planning, Army Corps of Engineers (ACOE), New York State Department of Environmental Conservation (NYSDEC), and the New York City Department of Environmental Protection (NYCDEP).

4.	In the case of a residential subdivision, review the regulations applicable to conservation subdivision design. In cases where conservation subdivision design is not mandated, identify if the site contains important habitat, ecologically sensitive lands, scenic quality, or other conservation value. 

C.	The applicant shall submit an application for subdivision approval (on forms provided by the Planning Board Clerk), a sketch plan prepared in conformance with §158-8 of this chapter, Part 1 of the Full Environmental Assessment Form (Full EAF) under SEQRA, and required fees and escrow funds. The number of copies to be submitted shall be outlined in the Planning Board’s application packet. The applicant will then be scheduled to meet with the Planning Board at a regularly scheduled Planning Board meeting to review the sketch plan. An application submission which does not include all the required drawings, documents and fees will be considered incomplete and shall not be scheduled on a Planning Board agenda.

D.	When an application is deemed complete, the Planning Board or its duly authorized representatives shall provide the applicant with planning and/or engineering review comments; said comments shall be submitted to the Planning Board prior to the meeting in which the sketch plan is scheduled to be reviewed.

E.	An incomplete application may not permit an orderly and integrated planning and engineering review to be made of all aspects of the application, and the Planning Board may withhold planning and engineering review comments pertaining to the application until such time as the required information is received and has been reviewed.

F.	The Planning Board shall approve or disapprove the sketch plan. Any suggestion made by the Planning Board with respect to sketch plan review shall not be construed as implying approval, either  in  whole or in part, and the applicant will have no vested rights whatever with respect to approval of such sketch plan due to any such actions or suggestions. Sketch approval shall not be granted until the applicant demonstrates zoning conformance and the Planning Board determines that the proposed subdivision conforms to all of the requirements of the Zoning Ordinance applicable to the district or districts in which such land is located and conforms generally to all other applicable requirements. If the Planning Board grants sketch approval, the applicant may then submit an application for preliminary plat approval.

§158-8.  Sketch plan requirements.

A.	All subdivision drawings shall be prepared by a New York State licensed professional, authorized to prepare subdivision drawings in the State of New York.

B.	Unless waived by the Planning Board upon written request of the applicant and for good cause shown, the sketch plan submission shall contain the following elements and information.

1.	Items to accompany the application.

a.	A signed and completed application form and submission checklist.

b.	Authorization letter by owner(s) if applicant is represented by an agent or other representative.

c.	The current owner’s deed and complete schedule and copies of existing deed restrictions, covenants, and/or easements applying to the property.

d.	The applicant shall submit duplicate copies of all federal, State, County, and local application forms and any correspondence with such agencies. A copy of all approvals shall be submitted to the Planning Board.

e.	Submission of any previously approved plans, variances, special use permits, and/or approvals from any approving agency or department pertaining to the lot for which subdivision approval is sought.

f.	An existing conditions survey prepared by a New York State licensed land surveyor, which shall include the following:

i.	  The metes and bounds of the parcel, including filed map references (if any).

ii.	Existing contours showing elevations at two-foot contour intervals and extending at least 200 feet off-site.

iii.	Existing monuments and markers.

iv.	Existing watercourses, including lakes, ponds, streams, intermittent streams, and wetlands.

v.	Areas of existing vegetation, including tree lines, brushland, meadows, etc.

vi.	Areas within designated one-hundred-year floodplains, as determined by the National Flood Insurance Program, Flood Insurance Rate Maps.

vii.	Existing man-made features, including the location and size of power lines, pipelines, buildings, structures, storm drains, culverts, wells, and sanitary sewage treatment systems, both on and within 200 feet of the subject parcel.

viii.	Existing rights-of-way and/or easements affecting, or benefiting, the subject property. 

ix.	Stamp or seal and signature of land surveyor.

2.	Items to appear on the sketch plan, which shall be laid out on the survey required under §158-XX of this chapter.

a.	The title of the plan should include the words “Sketch Plan,” the name of the subdivision, and the words “Town of Putnam Valley, Putnam County, New York.” The plan should include the preparation date, the tax identification number(s) of all involved lots, a north arrow, a legend, the name and address of the land owner, and the name and address of the preparer of the Plan. 

b.	A vicinity map taken from, and at the same scale as, the Town of Putnam Valley Zoning Map. Existing zoning district boundaries, municipal boundary lines, and private, Town, County and State roads within 500 feet of the property shall be shown on the map.

c.	The names and addresses of all abutting property owners and those property owners within 200 feet of the subject site.

d.	All pertinent zoning setback lines.

g.	A bulk regulation table illustrating zoning conformance or nonconformance. The table shall compare the requirements of the underlying zoning district(s) to what is being proposed (lot-by-lot analysis). The applicant shall indicate any variances that are required or that have been approved.

h.	A calculation of the buildable area and contiguous buildable area for each proposed lot, as required by the Zoning Ordinance of the Town of Putnam Valley. The boundaries of the total buildable area and contiguous buildable area shall be illustrated.

i.	The location of existing and proposed structures, wells, sanitary sewage treatment systems, or location of other proposed water supply and sewage disposal system on and within 200 feet of the subject lot.

j.	The location of any on-site or adjacent wetlands or watercourses and the location of their associated buffer areas. The applicant shall include stream classifications, and wetland boundaries shall be flagged and confirmed by the Town Wetlands Inspector. All wetland boundaries shall be surveyed and illustrated on the plan and the applicant shall state if the wetlands are regulated by the Town, ACOE, or NYSDEC.

k.	Slopes equal to and greater than 20% shall be shown using shading or the use of another line type.

l.	The proposed lot layout, including driveway location(s), dwelling location(s), and proposed street location(s).

m.	Profiles, with stationing and elevations shown every 50 feet and at points of curvature, showing existing and proposed elevations along the centerline of all proposed streets and driveways. Typical cross-sections, including width, depth of pavement materials and sub base, and the location of underground utilities, and slope shall also be provided. 

n.	Stamp or seal and signature of design professional.

o.	Any additional information that the Planning Board deems necessary.

§158-9.  Preliminary plat approval.

A.	The preliminary plat review is the second formal step in the subdivision review process (final plat is the third step) following sketch plan approval. 

B.	The applicant shall submit the preliminary plat to the Planning Board Clerk. The number of copies to be submitted shall be outlined in the Planning Board’s application packet. All subdivision drawings shall be prepared by a New York State licensed professional, authorized to prepare subdivision drawings in the State of New York.

C.	The applicant shall simultaneously submit a complete application for site plan approval under the Zoning Ordinance and, as applicable, all other permits required by the Town of Putnam Valley, and no subdivision plat may be finally approved without the simultaneous approval of such site plan and the issuance of such additional permits as may be required.

D.	The purpose of the preliminary plat review is as follows: 

1.	Complete the Planning Board’s responsibility under SEQRA.

2.	Initiate the formal review of the proposed subdivision.

3.	Ensure that the proposed subdivision meets the requirements of §158-XX of this chapter.

4.	Receive public comment on the proposed preliminary plat. 

5.	Ensure that the proposed subdivision addresses all issues raised during the sketch plan process. 

E.	The time periods within which the Planning Board must take action on the preliminary plat are intended to provide the Planning Board and the public adequate time for review. Such periods may be extended by mutual consent of the applicant and the Planning Board. The date of submission of the preliminary plat shall be the date the Planning Board receives a complete preliminary plat and site plan, including the elements specified in §158-10 hereof, and the time periods for review of the preliminary plat shall begin with the submission of the same.

F.	Approval of the preliminary plat shall include the entire subdivision, including all phases of development as presented and discussed during the sketch plan process.  If additional land is proposed to be subdivided or if the proposed preliminary plat is substantially altered from the sketch plan, the applicant shall be required to resubmit a sketch plan for discussion with the Planning Board.

G.	Upon receipt of a complete preliminary plat and site plan application, the Planning Board shall schedule a public hearing. The time within which the Planning Board shall hold such hearing on the preliminary plat and site plan shall be coordinated as follows with any hearings scheduled pursuant to SEQRA.

1.	If the Planning Board determines that the preparation of an environmental impact statement is not required, the public hearing on the preliminary plat and site plan shall be held within 62 days after the receipt of a complete preliminary plat and site plan by the Planning Board Clerk.

2.	If the Planning Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement (DEIS) is held, the public hearing on the preliminary plat, site plan, and the DEIS shall be held jointly within 62 days after the filing of the notice of completion of such DEIS in accordance with the provisions of SEQRA.

H.	Preliminary public hearings are required for all subdivisions and shall be conducted simultaneously with all other public hearings required by the Code of the Town of Putnam Valley and any and all SEQRA public hearings. The public hearing on the preliminary plat and site plan shall be advertised at least once in a newspaper of general circulation in the Town of Putnam Valley at least five days before such hearing if a DEIS is not required, or 14 days before a joint hearing held on the preliminary plat, site plan, and the DEIS (if a DEIS is required). A notice of public hearing shall be sent to the applicant, to all adjoining property owners, and those property owners within 200 feet of the subject lot, no less than 10 nor more than 20 days before such hearing. The hearing on the preliminary plat and the site plan shall be closed upon a motion of the Planning Board within 120 days after it has been opened, unless extended with consent of the applicant.

I.	The Planning Board shall approve, with or without modification, or disapprove the preliminary plat and site plan as follows:

1.	If the proposed action has been referred to the Putnam County Department of Planning under §239-m and/or §239-n of the General Municipal Law, the Planning Board shall not take final action on a preliminary plat and site plan without first receiving a recommendation from such agency. However, if the Putnam County Department of Planning fails to report to the Planning Board within 30 days of the required referral under §239-m and/or §239-n of the General Municipal Law, the Planning Board may take action on the referred plat and site plan without such a report. 

2.	If the Planning Board determines that the preparation of an environmental impact statement is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing and after a negative declaration or conditional negative declaration of significance has been prepared. 

3.	If the Planning Board determines that an environmental impact statement is required, and a public hearing is held on the DEIS, the final environmental impact statement (FEIS) shall be filed within 45 days following the close of the public hearing on the DEIS in accordance with the provisions of SEQRA. Within 30 days of the filing of the FEIS, and a determination of its completeness by the Planning Board, the Planning Board shall determine whether to order a public hearing on the FEIS. If no public hearing is ordered on the FEIS, the Planning Board shall close the public hearing on the preliminary plat, issue a written findings statement on the FEIS, and make its decision on the preliminary plat. If the Planning Board shall order a public hearing on the FEIS, such public hearing shall be advertised and held in the same manner as a public hearing on the DEIS. With 30 days following the close of the public hearing on the FEIS, the Planning Board shall issue a written findings statement on the FEIS and make its decision on the preliminary plat.

4.	The grounds for modification, if any, or the grounds for disapproval shall be either stated or written into the record of the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing any modifications or conditions it deems necessary for submission of the plat in final form.

5.	Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather, it shall be deemed an expression of approval of the design submitted on the preliminary plat and as a guide to the preparation of the final subdivision plat.

6.	Within five business days after the adoption of the resolution stating the decision of the Planning Board on the preliminary plat, a copy of the resolution shall be filed with the Town Clerk and a copy of the resolution shall be mailed to the applicant. 

7.	Within six months of the approval of the preliminary plat, the applicant must submit the plat in final form. Preliminary plat approval shall expire 6 months from the date of the resolution of approval, unless an extension is granted by the Planning Board at the written request of the applicant prior to the expiration of said 6 months. The Planning Board may only grant one extension for a period not to exceed 6 months.

§158-10.  Preliminary subdivision plat requirements.

A.	In addition to those requirements associated with site plan approval under the Zoning Ordinance, and in addition to those requirements associated with sketch approval under §158-XX of this chapter, a preliminary plat application shall include the following unless specifically waived by the Planning Board, upon written request of the applicant and for good cause shown. 

1.	The title of the drawing shall include the words “preliminary subdivision plat.”

2.	The applicant shall identify which sheets of the complete set of drawings, including those drawings associated with the site plan, will be submitted and filed with the Putnam County Clerk’s office.

3.	Separate 4” wide by 2” high signature boxes, to be located in the area of the title block, shall be provided for the Planning Board, Putnam County Department of Health, Director of Real Property Taxation, and the Commissioner of Finance.

4.	The location and metes and bounds of all proposed property lines.

5.	Area of all proposed lots in hundredths of an acre.

6.	The location of all existing and proposed monuments and markers.

7.	The location, dimensions, and purpose of all proposed easements.

8.	Land 25 feet from the centerline of any adjacent Town street shall be delineated on the plat and a note shall indicate its future offer of dedication. If the subject lot is located along a County or State street, the applicant shall request from the applicable department, in writing, the amount of land required to be dedicated from the centerline of the street.

9.	The Town Board, in consultation with the Planning Board and Town Highway Superintendent, shall determine if proposed streets will ultimately be conveyed to the Town as public highways.

10.	To facilitate inspection and review by the Planning Board and its agents, the applicant shall stake out the property in accordance with the following provisions. Each stake shall be securely embedded in the ground and shall extend at least 30 inches above the surface. Each stake shall be clearly visible and shall be marked with a bright colored ribbon or flag. The Planning Board may require the applicant to relocate the stakes through the planning process as the preliminary plat is modified. No stake shall be removed prior to the signing of the final plat by the Planning Board.

a.	Stakes shall be set along the centerline of each proposed street at intervals of not more than 50 feet and at each point of beginning and ending of each horizontal curve. Each stake shall be identified by a station marking to coincide with stations identified on the preliminary plat. 

b.	Stakes shall be set along the centerline of each proposed driveway at intervals of not more than 50 feet and at each point of beginning and ending of each horizontal curve. Each stake shall be identified by a station marking to coincide with stations identified on the preliminary plat.

c.	Stakes shall be set at the corners of each proposed dwelling and shall identify the lot number in accordance with the lot number identified on the preliminary plat.

11.	All other information deemed necessary by the Planning Board.

§158-11.  Final subdivision plat approval.

A.	The final subdivision plat review and approval is the third formal step in the subdivision review process.

B.	The purpose of the final plat review is as follows:

1.	To ensure that the proposed subdivision meets all federal, State, County, and local regulations.

2.	To ensure that the proposed subdivision addresses all issues raised during preliminary plat review and complies with all conditions of the preliminary plat approval.

3.	To receive and address additional public comment.

4.	To facilitate the orderly approval of the proposed subdivision.

C.	The time periods within which the Planning Board must take action on the final plat are specifically intended to provide the Planning Board and the public adequate time for review and to minimize delays in the processing of the subdivision. Such periods may be extended by mutual consent of the owner and the Planning Board.

D.	When a final plat, conforming substantially to the preliminary plat, is submitted to the Planning Board, a public hearing shall be held within 62 days after the receipt of a complete final plat. The Planning Board shall mail a notice of said hearing to the applicant, all abutting property owners, and to all property owners within 200 feet of the subject lot, at least 10 days prior to said hearing and shall give public notice of said hearing in a newspaper of general circulation in the Town at least five days prior to the date thereof. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

E.	When a final plat does not substantially conform to the approved preliminary plat, approval of said final plat shall be denied and a new subdivision application shall be submitted. Fees for resubmitted applications may be waived at the discretion of the Planning Board based upon the quantity and scope of changes.

F.	Within 62 days of the close of the final public hearing, the Planning Board, by resolution, shall conditionally approve, with or without modification, disapprove, or grant final plat approval and authorize the signing of the final plat.

G.	The Planning Board shall have the authority and responsibility to impose conditions and restrictions as are directly related to, and incidental to, a proposed subdivision and which promote public health and safety in accordance with §276 and §277 of Town Law and SEQRA. 

H.	The following conditions shall apply to the approval of any final subdivision plat:

1.	A recreation fee in the amount established annually by resolution of the Town Board shall be submitted for each lot or, in the alternative, suitable lands for recreation shall be offered for dedication to the Town.

2.	The applicant shall submit an inspection fee equal to 3% of the total cost of the following improvements: access, parking, utilities, drainage, stormwater management, and erosion control. A cost estimate shall be provided by the applicant and approved by the Town Engineer. This inspection fee is established to reimburse the Town for the fees of the Town’s consultants relating to the inspection of the site, post approval, and shall be in the form of a certified check or bank check. The Town will use these funds to establish an escrow account that will be maintained and supplemented, as needed. Upon the completion of the project and acceptance of all public streets and other public facilities, remaining funds in the escrow account shall be reimbursed to the applicant.

3.	The applicant shall install improvements including access, parking, utilities, drainage, stormwater, and erosion control as per §277(2) of Town Law prior to the signing of the final subdivision plat or, as per §277(9) of Town Law, may submit a letter of credit, in form satisfactory to the Town Attorney, to cover the full cost of the same; a cost estimate shall be provided by the applicant and approved by the Town Engineer. An alternate form of security shall only be accepted by the Planning Board when proof of hardship has been provided by the applicant.

4.	Execution and delivery of all documents required to convey fee simple title to land 25 feet from the centerline of any adjacent public roadbed, unless otherwise specified by the State or County, in form satisfactory to the Town Attorney, and delivery of a policy of fee title insurance in a sum determined by the Town Board. 

5.	Execution and delivery of all documents required to convey fee simple title to all roads for which public dedication is being offered, in form satisfactory to the Town Attorney, and delivery of a policy of fee title insurance in sum determined by the Town Board. The applicant shall pay all recording and title policy charges.

I.	Conditional approval of the final plat shall expire 180 days after the resolution granting such approval. The Planning Board may extend, by not more than two additional periods of 90 days each, the time in which a conditionally approved plat may be submitted for signature.

J.	Within five business days after the adoption of the resolution stating the decision of the Planning Board on the final plat, a copy of the resolution shall be filed with the Town Clerk and a copy of the resolution shall be mailed to the applicant. 

K.	The applicant shall file the approved final plat in the office of the County Clerk within 62 days from the date the plat was signed by the Planning Board or such approval shall expire. 

L.	Authorization for filing final plat by sections.

1.	Prior to granting its approval, the Planning Board may permit the final plat to be divided into two or more sections and may impose such conditions upon the delineation and filing of such sections as it deems necessary to assure the orderly development of the plat. Such authorization shall be conditioned upon a determination by the Planning Board that the sections are logical in their extent and that none contain less than ten percent (10%) of the total lots in the proposed subdivision.

2.	No section shall be approved for filing prior to approval of the other section or sections upon which it will depend for street access and adequate traffic circulation, drainage, and/or fire protection. Approval of such sections, subject to any conditions imposed by the Planning Board, shall be granted concurrently with the approval of the final plat, and the extent of each section and all conditions imposed shall be shown on the final plat. The Planning Board may deny approval for filing of any subsequent section if a prior section has not first been satisfactorily completed. 

§158-12.  Final subdivision plat requirements.

A.	The applicant shall submit the final plat to the Planning Board Clerk. The number of copies to be submitted shall be outlined in the Planning Board’s application packet. All subdivision drawings shall be prepared by a New York State licensed professional, authorized to prepare subdivision drawings in the State of New York.

B.	Unless specifically waived by the Planning Board upon the applicant’s written request and for good cause shown, the final plat shall contain the elements and information required under §158-XX and §158-XX of this chapter and the following additional elements and information for the purpose of final plat review:

1.	The title of the drawing should include the words “Final Subdivision Plat.”

2.	The final plat shall include any revisions or additions specified as a condition of the preliminary plat approval.

3.	Copies of all approvals and permits from federal, State, County, or local boards, departments, or agencies shall be submitted to the Planning Board.

4.	Legal instruments associated with easements and lands to be publicly dedicated, in form acceptable to the Town Attorney, shall be submitted to the Planning Board for review.

5.	In addition to the requisite amount of hard copy drawings, the applicant shall provide all final drawings and reports in digital format.

6.	All other information deemed necessary by the Planning Board.

C.	Where title to land designated for parks, recreation areas, or open space is to remain with the applicant or reserved by deed covenant for the common use of the property owners of the subdivision, the applicant shall submit copies of agreements or other documents showing the manner in which such areas are to be maintained and the provision made therefore. All agreements and covenants governing maintenance of such unceded parcels of land shall be acceptable to the Town Attorney as to their legal sufficiency.

D.	 The final subdivision plat to be signed by the Planning Board shall be produced on Mylar. The Planning Board chairman or designee shall only sign the final plat when all conditions of plat approval have been met and the plat has been previously signed by a New York State licensed professional engineer, New York State licensed land surveyor, the applicant and/or the owner of the land, and the Putnam County Department of Health. The applicant shall also provide eight original copies of the final plat, complete with signatures, to the Planning Board for the Planning Board’s signature. The Mylar shall be filed in the office of the County Clerk and the copies will be distributed accordingly. One copy will be distributed to the Town Clerk, one copy will be submitted to the Code Enforcement Officer, one copy will be submitted to the Town Assessor, one copy will be submitted to the Highway Department, and all remaining copies will be kept on file with the Planning Board.

§158-13.  Putnam Valley subdivision general notes.

A.	In addition to those notes required under Chapter 165, Zoning, of the Code of the Town of Putnam Valley, and any other notes required by the Planning Board, the following notes, if applicable, shall be shown on the preliminary and final subdivision plats and the improvements of all lots shown on the plat shall be subject thereto: 

1.	A copy of the approved subdivision plat, and any other drawings related to this subdivision, shall be provided to the purchasers of each new lot.

2.	No building permit shall be issued for a lot on a new subdivision street until the right-of-way has been cleared, the topsoil has been removed, the Item 4 and the base course of asphalt have been laid, temporary stormwater management facilities and erosion and sediment control measures have been installed, to the satisfaction of the Town Engineer and in accordance with State requirements, from the existing street to a point beyond the road frontage of the lot for which the building permit is sought, and all of the aforesaid measures must be approved by the Town Highway Superintendent and Town Engineer.

3.	No certificate of occupancy shall be issued for the last 25% of the lots in a subdivision where the public improvements are guaranteed by a security, unless it is determined by written resolution of the Planning Board that the following conditions have been complied with:

a.	The improvement of the street or streets and driveway giving access to the structure shall have been completed in accordance with all applicable Town ordinances, rules and regulations and to the satisfaction of the Town Highway Superintendent and Town Engineer up to and including the following stages:

i.	All surface and subsurface drainage facilities are completed except for adjusting of catch basin, drop inlet and manhole frames, grates, and covers to final grade.

ii.	Roadway subbase, base, first course of pavement, concrete curbing (if required) and sidewalks (if required), are completed.

iii.	Roadway shoulders and slopes within the right-of-way of streets and within all slope easements are final graded and stabilized with vegetative or other approved surface cover.

iv.	All driveway grading, base, pavement (if applicable),drainage and surface restoration improvements serving the structure for which the certificate of occupancy is requested are completed.

4.	No changes, erasures, modification, or revisions shall be made to any final plat or section thereof after approval has been given by the Planning Board unless said plat is first resubmitted to the Planning Board and such Board approves any modifications. 

ARTICLE V
Design Standards

§158-14.  Preservation of existing features.

A.	Land to be subdivided shall  be designed  in reasonable conformity with  existing  topography  in  order  to minimize grading, cut and fill and to  retain, insofar as possible, the natural contours, to limit stormwater  runoff  and to conserve the aquifer and  natural vegetative cover and  soil.  No  tree, topsoil or excavated material shall be removed from its  natural position  except  where necessary  and  incidental  to  the improvement of lots and the construction of streets and  related facilities in accordance with the approved final  plat. 

B.	Existing natural features which are of ecological, aesthetic  or scenic value to residential development or to the town as a whole,  such  as  wetlands,  watercourses,  water  bodies,  rock formations, stands of  trees, historic spots and  similar irreplaceable assets, shall be preserved, insofar  as  possible, through harmonious design of the subdivision, and, where appropriate,  the Planning Board  may  require  the inclusion of such features in permanent reservations.

C.	To the fullest extent feasible, existing trees and shrubbery shall be conserved by the applicant. Special consideration shall be given to the arrangement and ultimate improvement and/or development of the lots to this end.

D.	Where a subdivision is traversed by a natural lake, pond, stream, or wetland, the boundaries or alignment of said watercourse shall be preserved unless, in the opinion of the Planning Board, a change or realignment will enhance the watercourse. All proposed changes and development within such a feature or its buffer area shall be in conformance with Chapter 144 of the Code of the Town of Putnam Valley.

E.	Unique physical features, such as historic and archeological sites, rock outcroppings, stone walls, hilltop lookouts, desirable natural contours, and similar features, shall be preserved to the fullest extent possible.

F.	The applicant shall not be permitted to leave any surface depressions which will collect pools of water. This shall not preclude the use of retention or detention basins as part of a stormwater management program, post-construction.

G.	The applicant shall not be permitted to leave piles or mounds of dirt or other debris or materials on the subject parcel. 

H.	Land subject to flooding and land deemed by the Planning Board to be otherwise uninhabitable shall not be developed for residential occupancy nor for any other use thatmay increase the danger to health, life, or property or aggravate the flood hazard.

§158-15.  Monuments and permanent markers.

A.	Monuments shall be reinforced concrete or stone, four inches square, and a minimum of three feet long.

B.	Unless otherwise required by the Planning Board, there shall be a minimum of two monuments within each subdivision to control the location of lot corners and road lines. If these monuments are at street intersections or street lines, they shall not be set until the street has been constructed. Monuments shall be in position after the Town Highway Superintendent inspects the street or driveway.

C.	The preliminary plat shall show the location of the proposed monuments to be set, along with the coordinate values and elevation of the top of each monument. The elevation of the monuments shall refer to sea level datum, as established by the United States Geological Survey or other governmental agency.

D.	Unless a monument is proposed, each lot in the subdivision shall be indicated by permanent iron rod markers, set in ground, designating each lot corner; all iron rod markers shall be shown on the preliminary plat.

§158-16.  Layout of lots.

A.	Side lot lines shall be at right angles to street lines or radial to curving street lines and straight from the front lot line to the rear lot line, unless it is found by the Planning Board that a deviation or variation from this rule is necessary or desirable in order to preserve and/or follow a natural, cultural or historic feature (e.g., stonewalls), or to create a lot configuration which, in the opinion of the Planning Board, protects, promotes, or enhances the natural or cultural environment.

B.	Unless a conservation subdivision is proposed, all lots shown on the subdivision plat shall comply with the bulk requirements outlined in the Bulk Regulation Table of the Zoning Ordinance of the Town of Putnam Valley.

C.	The lot arrangement shall be such that in constructing a building in compliance with the Zoning Ordinance of the Town of Putnam Valley, there will be no foreseeable difficulties for reasons of topography or other natural conditions. 

D.	If a lot being subdivided contains a water body or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body to the lot or lots that encompass such water body. The ownership and responsibility for safe maintenance of the water body shall be placed with the homeowner(s) and shall not become a Town responsibility.

§158-17.  Streets and sidewalks.

A.	Unless otherwise provided by this chapter or another chapter of the Code of the Town of Putnam Valley, all proposed streets and sidewalks shall be constructed and conform to Chapter 103 of the Code of the Town of Putnam Valley.

B.	No subdivision road, either new or as an extension of an existing public or private road shall, when constructed, exceed 1,200 linear feet in length without providing an additional point of public access and egress.

C.	The Planning Board may vary the requirements of Chapter 103 in respect to new subdivision roads, provided public, health, and safety are preserved and the environment protected. In the case of new subdivision roads for which an offer of dedication is proposed to be made, such variance, if any, shall be subject to Town Board Approval.

D.	Streets shall be  arranged  to  provide  for  continuation between adjacent properties  where  such  continuation  is necessary for convenient  movement of traffic,  effective fire  protection,  and efficient  provision  of  utilities.  Alternately,  if a street continuation is not determined by  the  Planning  Board  to be warranted by the circumstances or would result in unsafe traffic conditions  or otherwise jeopardize the public safety  and welfare,  the  Planning  Board may require such street to be terminated short of the boundary lines of the subdivision.

E.	Where a continuation of a street beyond the  boundaries  of a  subdivision   is  determined  to  be warranted  by  the  Planning Board but the adjacent property is undeveloped and the  street  must be a  dead-end street temporarily,  the  Planning  Board  may  require that the right-of-way  and  all  improvements  be  extended to the  property  line.  A  temporary  circular  turnaround shall  be provided  on  all  temporary  dead-end  streets,  with  the notation on the final plat that  land  outside  the  street right-of-way shall  revert  to  abutting  owners  when  the street is continued as a public street and is accepted for public dedication.

F.	Where a turnaround exists at the end  of  a  street  within an adjoining development to which a proposed street  is  to connect, the applicant  may  be  required  to  remove  the portions of the  turnaround  pavement  outside  the  normal width of the traveled way,  perform any necessary reconstruction of the pavement edge,  construct  continuation of any existing driveways to the new  pavement edge and regrade, seed and drain the disturbed areas  in  such a  manner as to blend them in with the  surrounding landscape.

G.	Where a new subdivision road is not intended to be offered for public dedication, the applicant shall provide an enforceable mechanism for the permanent ownership, repair, maintenance, and operation of said roadway and any drainage system associated therewith. 

H.	Where a certificate of occupancy has issued to any lot in a subdivision serviced by a new roadway, which roadway is intended to be offered for public dedication, it shall be the responsibility of the applicant to plow and maintain the roadway pending its acceptance for public dedication by the Town of Putnam Valley.

I.	In the event that any final subdivision plat shall become lawful for filing in the office of the Clerk of the County of Putnam by  reason of  the failure of  the  Planning  Board to act with respect thereto within the time period required  by  law, then, and in such event, the Planning Board shall be deemed, for purposes  of  the foregoing  provisions, to have required that all  streets and other properties  shown  on  such  final  plat  and  all  easements  of  any  nature which are for the benefit of the public shall be deemed offered for dedication to the  Town. All  documents which are necessary to effectuate such dedication as previously set  forth shall be so executed and delivered, and all requirements of  §276  and  §279  of  the Town  Law  and  these Subdivision Regulations must be fully complied with.

J.	Where  a  proposed  subdivision  abuts  an existing Town  street or where  the  streets  of  a  proposed subdivision  or  re-subdivision  intersect  with  an existing Town  street  and  the  Planning  Board  has  determined   that said existing Town  street  has  serious  deficiencies  with respect to providing for safe and  convenient  vehicular  and pedestrian access to the proposed subdivision or for accommodating additional traffic to be generated by the new subdivision,   the   Planning   Board may not  grant approval  of  the  proposed  subdivision.  Such  deficiencies  include  but  are  not  limited  to  the following:

1.	The street is not in good repair.

2.	The street does not have adequate drainage.

3.	The street does not have a safe vertical and/or horizontal alignment.

4.	The street does not have an   adequate   width   of traveled way.

§158-18.  Grading, stormwater management, and erosion control.

Unless otherwise provided by this chapter or another chapter of the Code of the Town of Putnam Valley, all proposed grading, stormwater management, and erosion control measures shall conform to Chapter 155 of the Code of the Town of Putnam Valley, along with applicable federal and State requirements.

ARTICLE VI
Lot Line Change

§158-19.  Procedure.

A.	The applicant shall submit a complete application form and additional materials required under this Article.

B.	The Planning Board shall review the application and submitted materials. A public hearing on the lot line change shall be held within 62 days after the receipt of a complete application and plat by the Planning Board Clerk.

C.	If the proposed lot line change includes any action for which site plan approval is required, application for site plan approval shall be submitted simultaneously with the lot line change application. 

D.	The public hearing shall be advertised at least once in a newspaper of general circulation of the Town of Putnam Valley at least five days before such hearing. A notice of public hearing shall be sent to the applicant, all adjoining property owners, and to all property owners within 200 feet of the subject lot, at least ten days prior to the public hearing.

E.	The public hearing on the lot line change shall be closed upon motion of the Planning Board within 120 days after it has been opened.

F.	A determination of significance under SEQRA shall be declared prior to final approval.

G.	Within 62 days of the close of the public hearing, the Planning Board, by resolution, shall conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of the lot line change.

H.	Within five business days of the adoption of the resolution granting approval, a copy of the resolution shall be sent to the applicant and filed in the office of the Town Clerk.

I.	Conditional approval shall expire within 180 days after the resolution granting such approval. The Planning Board may extend by not more than two additional periods of 90 days each, the time in which a conditionally approved plat must be submitted for signature.

J.	The Planning Board shall only sign the final plan when the plan has been previously signed by a New York State licensed land surveyor and the owner of the land. The applicant shall provide eight original copies of the final plan, complete with signatures, to be signed by the Planning Board and distributed to various Town departments. One copy will be distributed to the Town Clerk, one copy will be submitted to the Town Assessor, one copy will be submitted to the Code Enforcement Officer, and the remaining copies will be kept on file in the Planning Department. 

K.	The applicant shall file all applicable deeds in the office of the County Clerk, subsequent to the review and approval of the draft deeds by the Town Attorney.

§158-20.  Lot line change submission requirements.

A.	The following materials shall be submitted:

1.	A complete application form and submission checklist furnished by the Planning Board Clerk.	

2.	A Short EAF.

3.	Authorization letter by owners(s) if applicant is represented by an agent or other representative.

4.	The most current deed(s) and complete schedule of existing deed restrictions or covenants applying to the property(s).

5.	Draft deeds reflecting the transfer of land for review by the Town Attorney and ultimate submission to the County Clerk. 

6.	An existing conditions survey prepared by a New York State licensed land surveyor. The number of copies to be submitted shall be outlined in the Planning Board’s application packet. The survey shall include the following:

a.	The date, north arrow, legend, and scale.

b.	Section, block, and lot number of the properties involved, taken from the latest tax records.

c.	The name and address of the person, firm, or organization preparing the plat.

d.	The proposed lot line change clearly indicating the land to be transferred and the acreage thereof and the resultant acreages of the involved lots following the line change.

e.	The names and addresses of all adjoining property owners.

f.	The location and metes and bounds of all existing and proposed property lines.

g.	The location, dimensions, and purpose of all existing and proposed easements.

h.	The location of buildings, wells, and sanitary sewage treatment systems on each parcel of land involved in the transfer.

i.	All pertinent zoning setback lines.

j.	A bulk regulation table illustrating zoning conformance or nonconformance. The table shall compare the requirements of the underlying zoning district existing conditions to what is being proposed. The applicant shall indicate any variances that are required.

k.	A 4” wide by 2” high signature box in the area of the title block for Planning Board approval.

l.	All other information deemed necessary by the Planning Board.

ARTICLE VI
Conservation Subdivision Review Process

§158-21.  Conservation Subdivision Review Process.  

A.	Unless otherwise stated within this Article, the approval process and procedure for a conservation subdivision shall be the same as for that of a conventional subdivision as required by this chapter.

B.	Sketch approval is the first formal step in the subdivision review process. The purpose of the sketch plan is to provide an introductory review of the proposed subdivision. In addition to those items required under §158-7 and §158-8 of this chapter (that are applicable to conservation subdivision design), the following items shall be provided to the Planning Board: 

1.	A density calculation, as described in §165-38C(1) of the Zoning Ordinance.

2.	A schematic “bubble” diagram showing which areas on the site would be developed and where land would be protected as permanent open space by a conservation easement.

3.	A conceptual layout showing approximate building locations, roads, trails, and lot lines.  

C.	Preliminary plat approval is the second step in the subdivision review process, following sketch plan approval. In addition to those items required under §158-9 and §158-10 of this chapter (that are applicable to conservation subdivision design), the following items shall be provided to the Planning Board:

1.	A conservation analysis as described in §165-38C(2) of the Zoning Ordinance.

2.	A site plan prepared in conformance with §165-37 of the Zoning Ordinance shall be submitted.

3.	The preliminary plat shall show all lands to be preserved by conservation easement.

D.	Final plat approval is the third and final step in the subdivision review process. In addition to those items required under §158-11 and §158-12 of this chapter (that are applicable to conservation subdivision design), the following items shall be provided to the Planning Board: 

1.	Legal documentation shall be provided for the creation of the conservation easement(s), prepared to the satisfaction of the Town Attorney.

2.	A final land management plan for the permanent open space areas, to be incorporated into the conservation easement(s) and made enforceable by the Town.

3.	Other submission items required by the Planning Board.

ARTICLE VII 
Penalties for Offenses

§158-22.  	Penalties for offenses.

A.	Any  person who subdivides land without Planning Board approval as required by this chapter shall be guilty of a violation of this chapter and, upon  conviction thereof, shall be punishable for each offense by a minimum fine of three hundred  fifty  dollars  ($350.), such fine not to exceed one  thousand dollars  ($1,000.),  or  by imprisonment of not more than fifteen (15)  days,  or  both.  Each week of such offense shall constitute a separate violation.

B.	In  addition to the above-provided  penalties and  punishment,  the Town Board may  also maintain an action or proceeding in the name of the Town and a court of  competent  jurisdiction to compel  compliance with or to restrain  by  injunction  the violation of such chapter.