Whenever any subdivision or resubdivision of
land in the Village of Rhinebeck is proposed, the subdividing owner
or his authorized agent shall apply for and secure approval of such
proposed subdivision before any contract for the sale of any part
thereof is made and before any permit for the erection of a structure
in such proposed subdivision shall be granted. Approval of a proposed
subdivision shall be obtained in accordance with the procedure specified
in this article.
A.
The following fees shall be payable to the Village
of Rhinebeck:
|
Minor Subdivision*
|
Major Subdivision**
| |
|---|---|---|
|
Preapplication fee
|
$100
|
$200
|
|
Application for preliminary plat
|
$50
|
$50
|
|
Approval of preliminary plat, per lot
|
$25
|
$25
|
|
Approval of final plat, per lot
|
—
|
$25
|
|
NOTES:
|
|---|
|
* Four lots or less on existing and accepted
Village streets.
|
|
** More than four lots on existing and accepted
Village streets.
|
B.
The applicant is responsible to pay actual incurred
costs for the services of an inspector, engineer and/or attorney acting
as agents of the Planning Board for the purposes of reviewing a project
at any stage of the proposal and/or to assure the satisfactory completion
of improvements required by the Planning Board.
A.
Preapplication procedure. Prior to filing a formal application for approval of a preliminary layout, pursuant to § A126-12, the applicant shall:
(1)
Determine the requirements of the Village of Rhinebeck
Planning Board, the Dutchess County Planning Board (if the development
is along a roadway shown on the County Official Map, as it may be
adopted), the Dutchess County Highway Department (if the development
is along a County road), the Dutchess County Health Department and
the New York State Department of Public Works (if the development
is along a state road), whose approval is required by these regulations,
the Sanitary Code of Dutchess County and the General Municipal Law
of the State of New York.
B.
Review of sketch plan. The Planning Board shall review
the applicant's sketch plan and, within 30 days of the submission
date, shall inform the applicant, in writing, that the proposed subdivision
as submitted, or as modified, will meet the objectives of these regulations.
In the event that the sketch plan is found totally unacceptable, the
applicant will be asked to submit a new plan before proceeding with
a preliminary layout. Reasons for recommended modifications of the
sketch plan or total rejection shall be stated on the records of the
Planning Board and shall be given to the applicant.
A.
Application procedure. Prior to filing an application
for the approval of a plat, the applicant shall file an application
for the approval of a preliminary plat. The application shall:
(1)
Be made on forms available at the office of the Village
Clerk.
(2)
Include all land which the applicant proposes to subdivide.
(4)
Comply in all respects with the requirements specified in Article III of these regulations and with the provisions of §§ 7-728 and 7-730 of the Village Law.
(5)
Be submitted to the Chairman of the Planning Board
or the Village Clerk.
B.
Study of preliminary plat. The Planning Board will carefully study the practicability of the preliminary plat, taking into consideration the requirements of the community, the best use of the land being subdivided and the policy set forth in § A126-3. Particular attention will be given to the proposed arrangement, location and width of streets; the relation of proposed streets to the topography of the land; sewage disposal; drainage, including culverts, proposed lot sizes, shape and layout; future development of adjoining lands as yet unsubdivided; the requirements of the Village Plan, as it may be adopted, and the Official Map, as it may be adopted; and matters enumerated in § 7-730 of the Village Law.
C.
Applicant to attend Planning Board meeting. The applicant
or his agent shall be required to attend a regular meeting of the
Planning Board to discuss the preliminary plat and the Board's tentative
conclusions.
D.
Required changes for conditional approval.
(1)
Following review of the preliminary plat and other material submitted for conformity thereof to these regulations and negotiations with the applicant on changes deemed advisable and the kind and extent of improvements and reservations to be made by him, the Planning Board shall, within 60 days of submission of the preliminary plat at the meeting mentioned in Subsection C above, act thereon as submitted or modified, and, if approved, the Planning Board shall express its approval as conditional approval and state the conditions of such approval, if any, or, if disapproved, shall express its disapproval and its reasons therefor in the minutes of the meeting.
(2)
The action of the Planning Board shall be noted on
the two copies of the preliminary plat, referenced and attached to
any conditions determined. One copy shall be returned to the applicant
and the other retained by the Planning Board.
(3)
Approval of the preliminary plat shall not constitute
approval of the plat. Rather, it shall be deemed an expression of
approval to the layout submitted on the preliminary plat, as a guide
for the preparation of the plat, which will be submitted for the approval
of the Planning Board and for recording upon fulfillment of the requirements
of these regulations and the conditions of the approval, if any.
(4)
Approval of the preliminary plat may not be revoked
by the Planning Board unless a substantial change in the character
of the area or the availability of new information about the site
and its surroundings indicate the unsuitability of the development
as shown on the preliminary plat. Before such revocation, the applicant
shall be informed, in writing, of the reasons and shall be given an
opportunity to be heard before the Planning Board.
(5)
Approval of a preliminary plat shall expire after
six months from the date of approval. Extensions for periods of six
months may be granted by the Planning Board upon application. Such
applications for extensions may be granted unless changed conditions
or new information indicate the unsuitability of the development as
shown on the preliminary plat.
A.
Application procedure. Within six months after tentative
approval of the preliminary plat was granted, the applicant shall
file with the Planning Board an application for approval of a plat.
The application shall:
(1)
Be made on forms provided by the Planning Board at
the time tentative approval of the preliminary plat was granted.
(2)
Include the entire subdivision, or a section thereof,
which derives access from a street improved to Village standards or
for which street a bond covering such improvement is held by the Village.
(4)
Comply in all respects with the preliminary layout
as tentatively approved.
(6)
Be presented to the Chairman of the Planning Board
at least two weeks prior to a regular meeting of the Board.
B.
Public hearing. Within 60 days of submission of the
plat and other required material. The Planning Board shall review
and act to approve or disapprove the plat after holding a public hearing
as required by § 7-728 of the Village Law.
C.
Signing of plat.
(1)
Every plat approved by the Planning Board shall carry
a written endorsement of the Planning Board signed by the Chairman
or Secretary. In the absence of the Chairman or Secretary, the Acting
Chairman or Acting Secretary, respectively, may sign in his place.
(2)
A plat shall not be signed by the authorized officers of the Planning Board until the applicant has met all conditions of the action granting approval of such plat, and, in the case of a major subdivision, the applicant has paid the fee as set forth in the fee schedule in § A126-10A at the time of final plat approval.
D.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made on any plat after approval
has been given by the Board. In the event that any plat, when recorded,
contains any such changes, the plat shall be considered null and void,
and the Board shall institute proceedings to have said plat stricken
from the records of the County Clerk.
E.
Filing of approved plat. Approval of the plat shall
expire within 90 days from the date of such approval unless, within
such ninety-day period, such plat shall have been duly recorded by
the owner in the office of the Dutchess County Clerk. If the plat
is not filed within this period, the approval shall expire as provided
in § 7-728 of the Village Law.
F.
Division of plat into two or more sections. The Planning
Board may permit the plat to be divided into two or more sections,
subject to such conditions as it deems necessary to assure orderly
development of the subdivision. Approval of the sections shall be
granted concurrently with the approval of the plat. The approved plat,
or any approved section thereof, shall be recorded within 90 days
of approval, subject to any conditions imposed, and shall encompass
at least 10% of the total number of lots shown on the plat. Approval
of any other sections not recorded shall expire unless recorded before
the expiration of the period to which such plat is entitled under
the provisions of § 7-708 of the Village Law. In the event
that the applicant does not record all approved sections, the entire
plat shall be filed with the Village Clerk within 30 days from the
recording of the plat or any approved section thereof, and the applicant
shall file with the Planning Board a photostat copy of the plat certified
by the County Clerk to be a true copy of the recorded plat.
G.
Public acceptance of proposed streets and park areas.
The approval by the Planning Board of a plat shall not be deemed to
constitute or imply the acceptance by the Village of any street, park,
playground or other open space shown on said plat. The Planning Board
may require said plat to be endorsed with appropriate notes to this
effect. The Planning Board may also require the filing of a written
agreement between the applicant and the Village Board covering future
title, dedication and provisions for the cost of grading, development,
equipment and maintenance of any park or playground area.
H.
As-built drawings of required improvements. Drawings
showing the location of all required improvements as built shall be
certified by a licensed land surveyor and filed with the Planning
Board at least 30 days prior to the acceptance of the improvements
by the Village.
Where compliance with these regulations would
cause unusual hardship or extraordinary difficulties or be inappropriate
because of exceptional and unique conditions, the minimum requirements
of these regulations may be waived or modified to mitigate the hardship,
provided that the public interest is protected and the development
is in keeping with the general spirit and intent of these regulations,
the Official Map, as it may be adopted by the County or Village, the
Village Zoning Ordinance[1] and the Village Plan, as it may be adopted by the Village.
A.
A building permit for erection of a structure in a
development laid out subsequent to the adoption of these regulations
shall not be issued unless the street giving access to the proposed
building appears on a recorded plat approved by the Planning Board
and unless such street has been suitably improved or bonded to cover
the full cost of such improvement.
B.
No public municipal street, utility or improvement
shall be constructed by the Village in any street or highway until
it has become a public street or highway and is duly placed on the
Official Map, as it may be adopted by the County or Village. However,
subject to the discretion of the Village Board, a subsurface utility
or improvement operated from revenue by the Village may be constructed
by the Village in a private street, provided that a public easement
satisfactory to the Village Board is obtained for such utility or
improvement.
The Village Board may, by ordinance, provide
for additional remedies to prevent or abate violations and to establish
penalties for violations, as provided by law.
