A.
Whenever any subdivision or resubdivision of land
in the Village of Millbrook is proposed, the subdividing owner or
an authorized agent shall apply for and secure approval of such proposed
subdivision 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.
Procedure. The Planning Board has accumulated a considerable
body of information which may be of assistance to the applicant. Therefore,
applicants or their representatives should meet with the Planning
Board at one or more of its regular meetings before proceeding with
the preparation of detailed plans. This will provide an opportunity
to discuss with the Planning Board the requirements as to the general
layout of streets, lot improvements, reservations of land and the
provision of drainage, sewerage, water and fire protection, as well
as the availability of existing services.
B.
Preparation. Prior to the initial conference with the Planning Board, the applicant or a duly authorized representative should become familiar with the regulations, standards and requirements of this chapter and Chapter 230, Zoning, of the Village, as well as the recommendations of the Village Comprehensive Plan. The applicant should also be familiar with applicable state and/or county regulations, standards and requirements relative to the proposal.
C.
Sketch layout for preapplication conference.
(1)
To aid in presenting the proposal to the Planning
Board, the applicant should provide the Planning Board with three
copies of the following maps:
(a)
Vicinity map sketched to a scale of 2,000 feet
to the inch, indicating the relationship of the proposed subdivision
to the surrounding neighborhood and to existing community facilities
which serve it, such as roads, schools, etc.
(b)
A sketch layout at a scale of not less than
one inch equals 100 feet showing:
[1]
All land owned by the applicant.
[2]
The location and ownership of all adjoining
property.
[3]
The general location of new streets and the
arrangement of lots within the proposed subdivision.
[4]
The general location of natural features, such
as significant slopes, streams, ponds, marshes, ridgelines, significant
trees, stone walls and wooded areas, which might influence the design
of the subdivision.
(2)
In presenting the proposed subdivision to the Planning
Board, the applicant should provide general information necessary
to explain and/or supplement these maps.
D.
Referral to other agencies and officials. At its discretion,
the Planning Board shall refer copies of the sketch layout and other
materials to any other agency or official which might be effected
by the application.
E.
Procedures to comply with SEQRA. The Planning Board
shall determine whether the proposed action is subject to the State
Environmental Quality Review Act (SEQRA) as set forth in the Environmental
Conservation Law § 8-0113 and 6 NYCRR 617. The requirements
of SEQRA must be met prior to preliminary plat approval.
F.
Planning Board review. After reviewing and discussing
the proposed subdivision with the applicant or an authorized representative
the Planning Board shall advise the applicant of any general recommendations
on layout, arrangement of lots and required improvements.
A.
Application. Prior to filing an application for the
approval of a final 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 Village offices.
(2)
Be accompanied by three copies of the preliminary plat and supplementary material described in § 201-17A of these regulations.
(3)
Comply in all respects with the requirements of these regulations, Chapter 230, Zoning, other applicable provisions of the Village law, SEQRA requirements and all applicable governing statutes.
(4)
Comply in all respects with the requirements of the
Dutchess County Department of Public Works and the New York State
Department of Transportation, where the proposal affects property
along a county or state road.
(5)
Be submitted to the Village Clerk at least 10 days
prior to the date of a regular meeting of the Planning Board.
B.
Study of preliminary plat. The Planning Board shall 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 § 201-4. Particular attention should be given to the proposed arrangement, location and width of streets, their relation to the topography of the land, drainage, sewage disposal, water supply, proposed lot sizes, shape and layout, future development of adjoining land, the requirements of the Village Comprehensive Plan and other matters enumerated in § 7-730 of the Village Law.
C.
Applicant to attend Planning Board meeting. The applicant
or an authorized representative shall attend a regular meeting of
the Planning Board to discuss the preliminary plat.
D.
Temporary staking.
(1)
In order to facilitate inspection and review of the
site of the proposed subdivision, temporary staking along the approximate
centerline of all proposed roads in the subdivision will be required.
The subdivider shall provide stakes as follows:
(a)
Along the centerline of each proposed road at
intervals of not more than 100 feet and at each point of beginning
and ending of each curve. Each stake shall be identified by a station
marking to conform to the plans as presented and shall be so placed
as to extend at least three feet above ground surface. In as much
as these stakes are not permanent, a tolerance of up to one foot from
exact position will be allowed.
(b)
A stake shall be placed at the approximate intersection
of each side lot line with the street line, marked with the identifying
numbers of each abutting lot, as shown on the preliminary plat. These
stakes shall be maintained in position during construction operations.
(2)
All stakes referred to in this section shall be in
position at the time the preliminary plat application is presented
to the Planning Board. The Planning Board will not conduct its field
inspection of the property until such stakes have been positioned.
(3)
All stakes removed or destroyed prior to the approval
of the final plat shall be replaced by the applicant, if required
by the Planning Board or its authorized representatives.
E.
Field trip. After receipt of all required preliminary
plat application material, the Planning Board may schedule a field
trip to the site of the proposed subdivision. The applicant or an
authorized representative may be required to attend the field trip.
F.
Planning Board action.
(1)
Planning Board action. After discussion of the preliminary
plat and within such time as is permitted by Village Law § 7-728,
Subdivision 5, the Planning Board shall approve, with or without modifications,
or disapprove the preliminary plat. The grounds of a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. The time within which a Planning Board must
take action on the preliminary plat may be extended by mutual consent
of the applicant and the Planning Board. In the event that the Planning
Board fails to take action on a preliminary plat within the time prescribed,
such plat shall be deemed granted preliminary approval.
(2)
Notification of decision. Within five business days
of the adoption of the resolution granting approval of such preliminary
plat, such plat shall be certified by the Clerk of the Planning Board
as having been granted preliminary approval, and a copy of the plat
and resolution shall be filed in the office of the Planning Board.
A copy of the resolution shall be mailed to the owner. Within five
business days from the date of adoption of the resolution approving
the preliminary plat, the Chair of the Planning Board shall cause
a copy of such resolution to be filed in the office of the Village
Clerk.
(3)
Revocation of approval. Within six months of the approval
of the preliminary plat, the subdivider must submit the plat in final
form. If such plat is not submitted, approval of the preliminary plat
may be revoked by the Planning Board.
A.
Application procedure. Within six months of the approval
of the preliminary plat, the applicant must submit the final plat
for approval. If such plat is not so submitted, approval of the preliminary
plat may be revoked by the Planning Board. The application for final
plat shall:
(1)
Be made on forms available at the Village offices.
(2)
Be accompanied by three copies of the final plat and supplementary material and data as described in § 201-17 of these regulations.
(3)
Comply in all respects with the preliminary plat as
approved.
(4)
Comply in all respects with pertinent state and local
laws, ordinances, rules, regulations or resolutions and the requirements
of responsible administering agencies of the county and state.
(5)
Comply with the improvement requirements of these
regulations.
(6)
Be presented to the Chairperson of the Planning Board,
the Planning Board's Secretary or the Village Clerk at least 10 days
prior to a regular meeting of the Planning Board.
(7)
Include notation of any self-imposed restrictions
and the locations of any building lines proposed to be established
in this manner and proof of ownership by applicant of the premises
covered by the application.
(8)
Be submitted to and properly endorsed by the County
Health Department and other agencies having jurisdiction as meeting
the applicable standards of the state and/or local agencies before
any public hearing of the final plat is scheduled.
B.
Environmental impact statement. If an EIS is required,
it shall be completed and submitted with the application for preliminary
plat approval as provided in § 7-728 of the Village Law.
Prior to making its decision on the final plat application, the Planning
Board shall give consideration to the findings of the final EIS. To
maximum practicable extent, the final plat should minimize and avoid
adverse environmental impacts of the proposed development.
C.
Division of final plat into sections. Prior to granting
conditional or final approval of a plat in final form, the Planning
Board may permit the plat to be subdivided into two or more sections
and may, in its resolution granting conditional or final approval,
state that such requirements as it deems necessary to ensure the orderly
development of the plat be completed before such sections may be signed
by the duly authorized officer of the Planning Board. Conditional
or final approval of the sections of a final plat, subject to any
conditions imposed by the Planning Board, shall be granted concurrently
with conditional or final approval of the plat.
D.
Planning Board action.
(1)
Public hearing. Before the Planning Board acts on
any final plat previously having received preliminary plat approval,
it shall hold a public hearing within the time limit determined by
Village Law § 7-728, Subdivision 6, which hearing shall
be advertised at least once in a newspaper of general circulation
in the Village at least five working days before such hearing. The
Planning Board may waive the public hearing on the final plat if it
is deemed to be in substantial agreement with an approved preliminary
plat.
(2)
Planning Board action. The Planning Board shall approve,
conditionally approve, conditionally approve with or without modification
or disapprove the final plat within the time specified in Village
Law § 7-728, Subdivision 6. If the public hearing is waived,
the Planning Board shall take such action within the time prescribed
by Village Law § 7-728, Subdivision 6. The time in which
the Planning Board shall take action on the final plat may be extended
by mutual consent of the applicant and the Planning Board. In the
event that the Planning Board fails to take action on a final plat
within the time prescribed, the final plat shall be deemed approved.
A copy of the resolution, including any modifications, shall be mailed
to the applicant within five working days following the Planning Board's
decision.
(3)
Conditional approval. Within five working days of
a resolution of conditional approval of the final plat, the plat shall
be certified by the Planning Board as conditionally approved and a
copy filed in the Planning Board office and a certified copy mailed
to the owner, including a certified statement of such requirements
which, when completed, will authorize the signing of the conditionally
approved final plat. Upon completion of such requirements, the plat
shall be signed by a duly authorized officer of the Planning Board.
Conditional approval of a final plat shall expire within 180 days
after the date of the resolution granting conditional approval, unless
such requirements have been certified as completed. The Planning Board
may extend the time in which a conditionally approved plat in final
form must be submitted for two additional periods of 90 days each.
E.
Signing of final plat. A final plat shall not be signed
by an authorized officer of the Planning Board until the applicant
has met all the conditions of the action granting approval of such
plat. When all such conditions have been met, the final plat approved
by the Planning Board shall carry a written endorsement of the Planning
Board, signed by the Chairperson, In the absence of the Chairperson,
a duly authorized officer of the Planning Board shall sign the plat.
F.
Filing of final plat. The approved final plat must
be filed in the Dutchess County Clerk's office within the time required
by Village Law § 7-728, Subdivision 11. If the final plat
is not so filed, said approval expires.
G.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made on any final plat after approval
has been given by the Board. In the event that any final plat, when
recorded, contains any such changes, the plat shall be considered
null and void, and the Planning Board shall institute proceedings
to have said plat stricken from the records of the County Clerk.
H.
Public acceptance of proposed streets and park areas.
The approval by the Planning Board of a final plat shall not be deemed
to constitute or imply the acceptance by the Village of any street,
sidewalk, sewer, improvement, 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.
An applicant for subdivision shall submit plats
and documents as provided in these regulations.
A.
General requirements. The following general requirements
are applicable to both the preliminary plat and final plat applications:
(1)
Drawings shall be submitted on uniform-size sheets,
not larger than 36 inches by 48 inches. When more than one sheet is
required to show the plat, an index map of the same size shall be
submitted.
(2)
All submissions shall indicate:
(a)
The proposed subdivision name or identifying
title.
(b)
The words "Village of Millbrook, Dutchess County,
New York."
(c)
The name and address of the record owner and/or
subdivider and name(s) and addresses of abutting property owners.
(d)
The name, address and seal of the licensed professional
person(s) responsible for the subdivision design, for the design of
public improvements and for surveys.
(e)
The preparation date, approximate true point
North and graphic scale.
(3)
The following are also required:
(a)
A vicinity map showing the location of the proposed
development site with respect to streets, streams and ponds within
2,000 feet of the site, with a scale of one inch equals 2,000 feet
or less.
(b)
Area map.
[1]
Area map at a scale of not more than one inch
equals 2,000 feet showing the location of the proposed development
with respect to all streets and property within 500 feet of the applicant's
tract and identifying all property in the area held by the applicant,
as well as properties held by others. The area map shall include the
following:
[a]
Topography at a contour interval
of not less than 10 feet referred to a datum satisfactory to the Planning
Board.
[b]
Approximate dimensions and the
area of the proposed development.
[c]
The location of all proposed streets.
[d]
The location of property lines,
existing easements, burial grounds and watercourses.
[e]
The location and name of existing
parks and public properties.
[2]
Note: The area map may be submitted as separate
map with preliminary plat or included on preliminary plat. The area
map is not required as part of final plat.
(c)
Preliminary plat at a scale of not more one
inch equals 100 feet showing the location of the proposed subdivision
with respect to all streets and property within 100 feet of the applicant's
tract and identifying all property in the area held by the applicant.
The preliminary plat shall include the following:
[1]
The location, bearings and distances of the
tract boundary.
[2]
Topography at a contour interval of not more
than five feet referred to a datum satisfactory to the Planning Board.
[3]
The location and width of all existing and proposed
streets and easements, alleys and other public ways and easements
and proposed street rights-of-way.
[4]
The location, width and grade of all proposed
streets, with approximate elevations shown on the beginning and end
of each street, at street intersections and at all points where there
is a change in the slope or direction, with a detailed road centerline
profile of all proposed roads.
[5]
The location of property lines, existing easements,
burial grounds, railroad rights-of-way, watercourses, swamps, stone
walls, rock outcrops and existing wooded areas or trees eight inches
or more diameter at breast height, and the location, width and names
of all existing or platted streets or other public ways within or
immediately adjacent to the tract, and the names of adjoining property
owners from the latest assessment rolls or the names of adjacent developments.
[6]
The location, dimensions and areas of all proposed
or existing lots and suggested location of buildings.
[7]
The location, sizes, elevations and slopes of
existing sewers, water mains, culverts, storm drains and other underground
structures within the tract and immediately adjacent thereto; existing
permanent building and utility poles on or immediately adjacent to
the site and utility rights-of-way. The pipe sizes, grades and direction
of flow should be provided.
[8]
The approximate location, dimensions and area
of all parcels of land proposed to be set aside for park or playground
use or other public use of property owners in the proposed subdivision.
[9]
An indication of the use of any lot (single-family,
two-family, multifamily, townhouse) and all uses other than residential
proposed by the subdividers.
(d)
Proposed provision of water supply, fire protection,
sanitary waste disposal, stormwater drainage, street trees, streetlight
fixtures, street signs and sidewalks.
(e)
Whenever the plat covers only a part of an applicant's
contiguous holdings, a sketch in pen or pencil at the scale of no
more than 200 feet to the inch, of the proposed subdivision area,
together with its proposed street system and an indication of the
probable future street system and drainage system of the remaining
portion of the tract.
(f)
Sufficient data acceptable to the Village Engineer
to determine readily the location, bearing and length of all lines
and to reproduce such lines upon the ground, and the location of all
proposed monuments.
(g)
Soil characteristics as determined from United
States Department of Agriculture Soil Survey or other qualified source.
B.
Final plat. The final plat shall be clearly and legibly drawn on Mylar or its equivalent at a convenient scale of not more than 100 feet to the inch (one inch equals 100 feet). In addition to the drawings and information required in Subsection A above, the final plat shall include the following:
(1)
Typical cross sections showing street pavement and,
where required, curbs, gutters and sidewalks.
(2)
Lengths and deflection angles of all straight lines
and radii, length, central angles, chords and tangent distances of
all curves for each street proposed.
(3)
Profiles showing existing and proposed elevations
along the centerlines of all proposed streets and the elevations of
existing streets for a distance of 100 feet on either side of their
intersection with a proposed street.
(4)
Present elevations of all proposed streets shown every
100 feet at five points on a line at right angles to the centerline
of the street, said elevation points being indicated at the centerline
of the street, each property line and, only when required by the Planning
Board because of existence of steep slopes, points 30 feet inside
each property line.
(5)
Setback lines.
(6)
The location, size and invert elevations of existing
and proposed stormwater drains and sanitary sewers, and the exact
location of utilities and fire hydrants.
(7)
The location of street trees, streetlighting standards
and street signs.
(8)
The area of all lots in hundredths of an acre.
(9)
The location, material and size of all permanent monuments.
(10)
The accurate location of all property to be
offered for dedication for public use, with the purpose indicated
thereon, and of all property to be reserved by deed covenant for the
common use of the property owners of the subdivision.
(11)
Necessary agreements in connection with required
easements or releases.
(12)
Formal offers of cession to the Village of all
streets and public parks.
