Whenever any subdivision of land is proposed,
and before any contract for the sale or lease of or any offer to sell
or lease any lots in such subdivision or any part thereof is made,
and before any permit for the erection of any structure in such proposed
subdivision shall be granted, the subdivider or his duly authorized
agent shall apply for approval of such proposed subdivision in accordance
with the following procedures.
[Amended 11-7-2002 by L.L. No. 7-2002; 6-12-2003 by L.L. No. 4-2003]
A.
The property owner, or his duly authorized representative, shall initially schedule an appointment with the Secretary of the Planning Board to informally discuss the proposed subdivision and become familiar with the requirements of these regulations, Chapter 210, Zoning, of the Code of the Town of Union Vale and other laws, ordinances, rules, regulations or policies of the Town of Union Vale, County of Dutchess, or State of New York that may be pertinent to the proposed subdivision.
B.
The Planning Board consultant shall be present at
the preapplication conference. Discussion at the preapplication conference
shall include review of both procedural and submission requirements
and the technical application standards provided within the regulations
as related to lot layout and required improvements.
[Amended 11-7-2002 by L.L. No. 7-2002]
A.
Submission of sketch plat. The property owner, or
his duly authorized representative, shall submit to the Clerk of the
Planning Board at least 21 days prior to the next regular meeting
of the Planning Board a sketch plat application, including both the
required fee in accordance with the fee schedule established by the
Town Board[1] and 15 copies of a sketch plat for the proposed subdivision for purposes of classification and preliminary discussion. If the proposed subdivision includes five or more lots, the sketch plan shall conform to the requirements listed at § 192-21 of this chapter.
[Amended 10-9-2014 by L.L. No. 5-2014]
B.
Designation under Chapter 210, Zoning.
(1)
The Planning Board shall consider the sketch plat application and first designate the proposed subdivision on the basis of "residential subdivision or other land development technique" within one of the following categories consistent with the definitions found within Article XII, § 210-86, of Chapter 210, Zoning:
(2)
The Planning Board shall then determine in accordance with the District Schedule of Use Regulations established under Article III, § 210-10, of Chapter 210, Zoning, and with input as may be required from the Town's Code Enforcement Officer whether such residential subdivision or other land development technique is a permitted use, a special permit use or a prohibited use at the location and scale of the intended subdivision and proceed accordingly in the manner set forth below:
(a)
If a permitted use, proceed with classification
and processing of the sketch plan application under this chapter,
including consideration of sketch plat endorsement
(b)
If a special permit use, require the applicant to proceed under Chapter 210, Zoning, with the required application for Planning Board consideration of a special use permit in accordance with the pertinent standards set forth within Article VI, § 210-54, of Chapter 210, Zoning, before proceeding with classification and processing of the sketch plat application under this chapter.
(c)
If a prohibited use, so advise the applicant
of this circumstance and reject the sketch plat.
C.
Classification under this chapter.
(1)
When applicable subsequent to the above designation
procedure, the Planning Board shall classify the subdivision depicted
on the sketch plat as either a minor subdivision or major subdivision
as defined within this chapter. The Planning Board shall make a notation
regarding such classification directly on the sketch plat. The Planning
Board will retain a copy for its files and provide a copy to the applicant.
(2)
If the sketch plat is classified as a minor subdivision, the applicant shall then comply with the procedure outlined in § 192-7 of this chapter if it is classified as a major subdivision, the applicant shall then comply with the procedures outlined in §§ 192-8 and 192-9. The above notwithstanding the Planning Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements otherwise specified for major subdivisions.
(3)
The Planning Board shall, based upon input provided
by the applicant, also designate at the sketch plat stage the name
by which the subdivision shall be known.
A.
Application and fee. Within six months of the classification by the Planning Board of the sketch plat of a proposed subdivision as a minor subdivision, the property owner, or his duly authorized representative, shall submit an application for approval of a minor subdivision plat. The plat shall conform to the layout shown on the sketch plat plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 192-20 of these regulations. Any application for plat approval for a minor subdivision shall be accompanied by the applicable fee in accordance with the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board.[1] A copy of said fee schedule shall be available from the
Clerk of the Planning Board.
B.
Number of copies. The application for approval of a minor subdivision plat, complete with 14 copies, consisting of three full-scale prints of the subdivision plat and all further required data specified within § 192-20, shall be filed with the Clerk of the Planning Board at least 21 days prior to the regular meeting of the Planning Board at which time it shall be introduced and considered officially received by the Planning Board for purposes of these regulations.
[Amended 10-9-2014 by L.L. No. 5-2014]
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of
the Planning Board to discuss the minor subdivision plat.
D.
Approval procedure.
(1)
Within 62 days of the receipt of the complete subdivision plat application by the Planning Board, the Planning Board shall hold a public hearing on such plat. The above notwithstanding, the Planning Board is empowered to waive the requirement for conduct of a public hearing and proceed immediately to decision upon receipt of a complete application in the case of a matter classified as "lot consolidation" as defined within § 192-3 of these regulations.
[Amended 1-8-2004 by L.L. No. 1-2004; 2-4-2010 by L.L. No. 10-2010]
(2)
Notice. Notice of the public hearing shall be advertised
at least once in a newspaper of general circulation in the Town at
least five days before such hearing. The Secretary of the Planning
Board shall additionally provide notice of the public hearing and
data concerning the substance of the application to the owners of
all property abutting or directly opposite that held by the applicant
and involved in such application and to the Town Clerk of adjacent
municipalities to the extent required by § 265-a of the
Town Law. Notice shall be mailed at least 10 calendar days prior to
the hearing, with compliance with the notification procedure certified
to by the Secretary.
[Amended 4-5-1990 by L.L. No. 3-1990; 4-13-1992 by L.L. No. 4-1992; 2-4-2010 by L.L. No. 10-2010]
(a)
The names and addresses of owners notified shall
be taken as such appear on the last completed tax roll of the Town.
(b)
Provided that there has been substantial compliance
with this provision, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate an action taken by the
Planning Board in connection with the application.
(3)
Posting.
A conspicuous sign shall be posted along the road frontage of any
parcel which is the subject of a pending subdivision plat proceeding
before the Planning Board for a period of not less than five calendar
days prior to the public hearing and in such manner as otherwise specified
by the Planning Board at the time of acceptance of the application
for subdivision plat approval.
[Added 2-4-2010 by L.L. No. 10-2010[2]]
[2]
Editor's Note: This local law also redesignated former Subsection
D(3) and (4) as Subsection D(4) and (5), respectively.
(4)
Within 62 days from the date of such public hearing,
the Planning Board shall act by resolution on the subdivision plat.
The Planning Board shall either approve, conditionally approve with
or without modification, or disapprove the plat. The Board shall specify
in writing its reasons for any such disapproval. In the event that
the hearing is not held, or if the Board fails to disapprove the subdivision
plat within the 62 days prescribed above, the plat shall be deemed
approved. The time in which the Planning Board must take action may
only be extended by mutual consent of the owner and the Planning Board.
[Amended 1-8-2004 by L.L. No. 1-2004]
(5)
Upon a resolution of approval, a Mylar and eight copies
of the subdivision plat shall be provided by the applicant and properly
signed by the Chairperson of the Planning Board. The subdivision plat
may then be filed by the applicant in the office of the Dutchess County
Clerk. Any minor subdivision plat not so filed or recorded within
60 days of the date upon which such plat is approved, or considered
approved by reason of the failure of the Planning Board to act, shall
become null and void. If conditional approval is granted, the Planning
Board shall empower the Chairperson of the Planning Board to sign
the plat upon compliance with such conditions and requirements as
may be stated in its resolution of conditional approval. Within five
days of the resolution granting conditional approval, the plat shall
be so certified by the Clerk of the Planning Board as conditionally
approved, a copy filed in the Planning Board office, and a copy so
certified mailed to the subdivider. The copy mailed to the subdivider
shall include a statement of such requirements which, when completed,
will authorize the signing of the conditionally approved plat. Conditional
approval of a plat shall expire 180 days after the date of the resolution
granting such approval unless the requirements have been certified
as completed within that time. Upon specific written request of the
applicant, the Planning Board may, however, extend for one or more
periods the Planning Board deem reasonable the time within which a
conditionally approved plat may be submitted for signature, if in
its opinion such extension is warranted.
[Amended 11-7-2002 by L.L. No. 7-2002; 11-18-2010 by L.L. No. 14-2010]
A.
Application and fees.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, and within six months of the classification by the Planning Board of the sketch plat of a proposed subdivision as a major subdivision, the property owner, or his duly authorized representative, shall file an application for consideration with a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form and include all the data prescribed by § 192-22 hereof. The preliminary plat shall, in all respects, comply with the requirements of §§ 276 and 277 of the Town Law and these regulations, except where a waiver of any specific requirement may be specifically requested from, and authorized by, the Planning Board.
(2)
Payment of a fee shall accompany all applications
for approval of a preliminary plat for a major subdivision. Said application
fee shall be in accordance with the subdivision fee schedule established
and annually reviewed by the Town Board upon recommendation of the
Planning Board.[1] A copy of said fee schedule shall be available from the
Clerk of the Planning Board.
B.
Purpose.
(1)
The preliminary plat and the supporting documents
for a proposed subdivision constitute the material to be officially
submitted to the Planning Board, and later one copy shall become the
official record of the Town Clerk. The preliminary plat and supporting
documents shall show the layout of the subdivision and its public
improvements, so that the Planning Board can indicate its approval
or disapproval of the subdivision prior to the time that the final
plat, including the final engineering design and detailing of the
public improvements and utilities, is completed. Approval of the preliminary
plat does not constitute an approval of the final plat nor should
it be considered a valid basis for the construction of site improvements
or other commitments which depend upon its design characteristics.
(2)
The preliminary layout shall additionally serve as
a key map to subdivisions subsequently laid out in sections or phases
on final plats.
C.
Number of copies. The application for approval of the preliminary plat, complete with 14 copies, consisting of three full-scale prints and 11 half-scale prints, and a portable document format (PDF) file of the preliminary plat shall be filed with the Clerk of the Planning Board at least 21 days prior to the regular meeting of the Planning Board at which time it shall be introduced and considered officially received by the Planning Board for purposes of these regulations. A proposed submission which does not include all the required drawings and documents specified within § 192-22 of these regulations shall not be accepted by the Clerk of the Planning Board.
[Amended 11-7-2002 by L.L. No. 7-2002; 10-9-2014 by L.L. No. 5-2014]
D.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of
the Planning Board to discuss the preliminary plat.
E.
Study of preliminary plat. The Planning Board shall study the practicality of the preliminary plat taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width or streets, their relationship to the topography of the land, water supply, sewage disposal, drainage, lot sizes and configuration, the future development of lands as yet unsubdivided, and the requirement of the Master Plan, Official Map, if one exists, and Chapter 210, Zoning.
F.
Approval procedure.
(1)
Within 62 days of receipt of the complete preliminary
plat application by the Planning Board, the Planning Board shall hold
a public hearing on such preliminary plat.
[Amended 1-8-2004 by L.L. No. 1-2004]
(2)
Notice. Notice of the public hearing shall be advertised
at least once in a newspaper of general circulation in the Town at
least five days before such hearing. The Secretary of the Planning
Board shall additionally provide notice of the public hearing and
data concerning the substance of the application to the owners of
all property abutting or directly opposite that held by the applicant
and involved in such application and to the Town Clerk of adjacent
municipalities to the extent required by § 265-a of the
Town Law. Notice shall be mailed at least 10 calendar days prior to
the hearing, with compliance with the notification procedure certified
to by the Secretary.
[Amended 4-5-1990 by L.L. No. 3-1990; 4-13-1992 by L.L. No. 4-1992; 2-4-2010 by L.L. No. 10-2010 ]
(a)
The names and addresses of owners notified shall
be taken as such appear on the last completed tax roll of the Town.
(b)
Provided that there has been substantial compliance
with the provision, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate an action taken by the
Planning Board in connection with the application.
(3)
Posting.
A conspicuous sign shall be posted along the road frontage of any
parcel which is the subject of a pending subdivision plat proceeding
before the Planning Board for a period of not less than five calendar
days prior to the public hearing and in such manner as otherwise specified
by the Planning Board at the time of acceptance of the application
for subdivision plat approval.
[Added 2-4-2010 by L.L. No. 10-2010[2]]
[2]
Editor's Note: This local law also redesignated former Subsection
F(3) as Subsection F(4).
(4)
Action.
(a)
Within 62 days from the date of such public
hearing, the Planning Board shall act by resolution on the preliminary
plat. The Planning Board shall either approve, with or without modifications,
or disapprove the preliminary plat. The time in which the Planning
Board must take action may only be extended by mutual consent of the
owner and the Planning Board. Failure of the Planning Board to take
action on a preliminary plat within the time prescribed therefor shall
be deemed approval of the plat.
[Amended 1-8-2004 by L.L. No. 1-2004]
(b)
When approving a preliminary plat the Planning
Board shall state in writing the modifications, if any, it deems necessary
for submission of the plat in final form with respect to the specific
changes which it will require in the preliminary plat; the extent
of waivers which may have been specifically requested and which in
the Planning Board's opinion may be authorized without jeopardy to
the public health, safety and general welfare; and the categories
of improvement and the estimated amount of all bonds or similar performance
guaranties which the Planning Board shall require as a requisite to
approval of the final plat. The action of the Planning Board plus
any conditions attached thereto shall be noted on three copies of
the preliminary plat. One copy shall be returned to the subdivider,
one copy shall be retained by the Planning Board and one copy shall
be forwarded to the Town Board, through the Town Clerk. Prior to the
approval of the final plat, the Planning Board may require additional
changes as a result of further study of the subdivision in final form
or as a result of new information obtained at the public hearing.
A.
Application and fee.
(1)
Following approval, with or without modifications, of the preliminary plat, the property owner, or his duly authorized representative, shall prepare a final plat, together with all other supplementary documents, in accordance with § 192-23 of these regulations. The application for final plat approval for a major subdivision, or any section thereof, shall be accompanied by a processing fee in accordance with the Town's subdivision fee schedule.[1]
(2)
The final plat and other supplementary documents shall
be filed with the Clerk of the Planning Board, together with a written
application for final approval, within 180 days after approval, with
or without modifications, of the preliminary plat, unless such time
limit is extended by mutual consent of the applicant and the Planning
Board.
B.
Purpose. The final plat and the supporting documents
for a proposed subdivision constitute the complete development of
the subdivision proposal. After public hearing, as required, and approval
by the Planning Board, this complete submission along with the applicable
performance guaranty and the general liability insurance policy, as
approved by the Town Board, becomes the basis for the development
of the subdivision, the installation of required improvements and
the applicable inspection services by the Planning Board, the designated
Town Engineer or other delegated Town officials.
C.
Number of copies. The application for approval of
the final plat, complete with 14 copies, consisting of three full-scale
prints and 11 half-scale prints, and a portable document format (PDF)
file of the final plat, shall be filed with the Clerk of the Planning
Board at least 21 days prior to the regular meeting of the Planning
Board, at which time it shall be introduced and considered officially
received by the Planning Board for purposes of these regulations.
[Amended 10-9-2014 by L.L. No. 5-2014]
D.
Approval procedure.
(1)
Within 62 days of the receipt of the final plat by the Planning Board, the Planning Board shall hold a public hearing, if required, on such final plat. Such hearing shall be advertised at least once in a newspaper of general circulation of the Town, the parcel conspicuously posted, individual notice to contiguous property owners issued and notice to the clerks of adjacent municipalities provided as may be required in accordance with § 192-8 of this article; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved under § 192-8 of this article and modified in strict accordance with requirements of such approval, if such preliminary plat has been approved with modifications, the Planning Board may waive by resolution the requirement for such public hearing.
[Amended 4-13-1992 by L.L. No. 4-1992; 1-8-2004 by L.L. No. 1-2004; 2-4-2010 by L.L. No. 10-2010]
(2)
Action.
(a)
Within 62 days from the date of such public
hearing, or from the date of receipt of the application by the Clerk
of the Planning Board if no such hearing is held, the Planning Board
shall act by resolution on the final plat. The Planning Board shall
either approve, conditionally approve with or without modification,
or disapprove the final plat. The time in which the Planning Board
must take action may only be extended by mutual consent of the owner
and the Planning Board. Failure of the Planning Board to take action
on a final plat within the time prescribed therefor shall be deemed
approval of the plat.
[Amended 1-8-2004 by L.L. No. 1-2004]
(b)
If conditional approval is granted, the Planning
Board shall empower the Chairperson of the Planning Board to sign
the plat upon compliance with such conditions and requirements as
may be stated in its resolution of conditional approval. Within five
days of the resolution granting conditional approval, the plat shall
be so certified by the Clerk of the Planning Board as conditionally
approved, a copy filed in the Planning Board office, and a certified
copy mailed to the subdivider which shall include a statement of such
requirements which, when completed, will authorize the signing of
the conditionally approved plat. Conditional approval of a plat shall
expire 180 days after the date of the resolution granting such approval,
unless the requirements have been certified as completed within that
time. Upon specific written request of the applicant, the Planning
Board may, however, extend for one or more periods the Planning Board
deem reasonable the time within which a conditionally approved plat
may be submitted for signature, if in its opinion such extension is
warranted.
[Amended 11-7-2002 by L.L. No. 7-2002; 11-18-2010 by L.L. No.
14-2010]
E.
Final approval and filing. Upon completion of the requirements in this section and §§ 192-12 and 192-13 and notation to that effect upon the subdivision plat, the subdivision plat shall be deemed to warrant final approval. A Mylar and eight copies, as provided by the applicant, shall be properly signed by the Chairperson of the Planning Board upon receipt of notification that the required performance guaranty and insurance, as may be requested, have had the approval of the Town Attorney. The final plat may then be filed by the applicant in the office of the Dutchess County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any street, or other land, shown as offered for cession to public use.
[Amended 11-7-2002 by L.L. No. 7-2002]
F.
Expiration of approval.
(1)
The approval of a final plat shall expire within 60
days after the date of the Planning Board resolution authorizing the
Chairperson of the Planning Board to sign the drawings, unless filing
of the plat or a section thereof, as may be authorized by the Planning
Board, is accomplished within that time period in the office of the
Dutchess County Clerk in accordance with § 278 of the Town
Law.
[Amended 11-7-2002 by L.L. No. 7-2002]
(2)
Expiration of an approval shall mean that any further
action shall require submission of a new application, payment of a
new filing fee and Planning Board review of all previous findings.
On and after such expiration of plat approval, any formal offers of
cession submitted by the subdivider shall be deemed to be invalid,
void and of no effect.
G.
Filing in sections. At the time of final plat approval,
the Planning Board may permit the plat to be divided into two or more
sections subject to any conditions the Board deems necessary to ensure
the orderly development of the plat. In accordance with § 267
of the Town Law, the applicant may file a section of the approved
plat with the County Clerk, which section shall consist of not fewer
than 10 lots nor less than 10% of the total number of lots shown on
the approved plat. In this circumstance, plat approval on the remaining
sections of the plat shall continue in effect for a period of three
years from the filing date of the first section with the County Clerk.
When a plat is filed by section with the County Clerk, the applicant
shall, within 30 days, file with the Town Clerk the entire approved
preliminary plat. The subdivider shall not be permitted to begin construction
of buildings in any other section until such section has been filed
in the office of the Dutchess County Clerk and the required improvements
have been installed and approved in such section or a satisfactory
performance guaranty covering the cost of such improvements has been
posted.
[Amended 11-7-2002 by L.L. No. 7-2002]
A.
Upon the posting of a satisfactory performance guaranty or upon certification of the completion or installation of all required improvements to the satisfaction of the Town Board, in accordance with § 192-13 of these regulations, and upon Planning Board approval of the final plat, the subdivider, or his successor in title, may be issued building permits for the construction of buildings in accordance with the approved subdivision plat, Chapter 210, Zoning, and other applicable laws, rules and regulations.
B.
In instances where building permits have been authorized upon the posting of a satisfactory performance guaranty, the subdivider or his successor in title may not be subsequently issued certificates of occupancy for any buildings constructed in the subdivision until completion of all required improvements to Town standards and upon certification of such as required in § 192-13 of these regulations. A note to this effect shall be specifically included on the final plat submitted for signature by the Planning Board Chairperson and for subsequent filing in the Dutchess County Clerk's office.
[Amended 11-7-2002 by L.L. No. 7-2002]
