A.
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 lot in
such subdivision or any part thereof is made, and before any permit
for the erection of any structure or the undertaking of any other
improvement in such proposed subdivision shall be granted, the subdivider
or his/her duly authorized agent shall apply for and secure approval
of such proposed subdivision in accordance with the procedures identified
herein.
B.
Any owner of real property who shall create a subdivision or who
shall subdivide real property into lots within the Town of Rhinebeck
without first obtaining approval of the Planning Board of the Town
of Rhinebeck of a subdivision map or plat showing the land to be subdivided
shall be guilty of a violation of this chapter. Any contract vendee,
agent or contractor or such owner who shall knowingly participate
in such violation and any grantee of such owner who shall knowingly
participate in such violation shall also be guilty of a violation
of this chapter.
A.
The property owner, or his or her duly authorized representative,
shall initially schedule an appointment with the Planning Board or
its authorized representatives to informally discuss the proposed
subdivision and become familiar with the requirements of these regulations,
the Town of Rhinebeck Comprehensive Plan, including the Significant
Habitats Report and the Open Space and Affordable Housing Plan, the
Town of Rhinebeck Zoning Law,[1] the Town of Rhinebeck Wetlands Law,[2] the Local Waterfront Revitalization Program document (if
applicable),[3] Greenway Connections, the State Environmental Quality
Review Act (SEQR), and all other laws, ordinances, rules, regulations
or policies of the Town of Rhinebeck, County of Dutchess, or State
of New York that may be pertinent to the proposed subdivision.
B.
Discussion at the preapplication conference shall include review of both procedural and submission requirements and the technical application of the standards provided within the regulations as related to the site resource analysis map and the site resource analysis assessment for the conservation of natural and cultural resources, the proposed design and layout as well as required improvements. The preapplication conference shall also include a review of the manner in which the subdivision will be designed, either conservation or conventional. If a conventional subdivision is proposed by the applicant, then a special use permit is required to be issued by the Planning Board. The Planning Board is authorized to deny a special use permit for a conventional subdivision and to require a conservation subdivision, when the criteria identified in Article V, § 125-43D(3), of the Zoning Law apply. Applicants are required to submit a site resource analysis map and site resource analysis assessment regardless of whether a conventional or conservation subdivision has been proposed.
D.
Conservation subdivision. The applicant is encouraged at this time
to identify a local land trust to accept a conservation easement over
the required open space, which may provide input as to which land
has conservation value and which land is suitable for potential development.
A.
Submission of sketch plan. The property owner, or his or her duly authorized representative, shall submit to the Clerk of the Planning Board, at least 21 days prior to the regular meeting of the Planning Board, a sketch plan application, SEQR environmental assessment form, and 12 copies of the site resource analysis map and assessment described in Subsection A(1) through (3) below and a sketch plan of 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 in Article VII, § 101-7.2, of these regulations. The sketch plan should reflect what was learned from the preapplication conference and conceptual discussions with the Planning Board. Additional copies of the proposed sketch plan and such further information as is required by the Planning Board may be requested for the purposes of coordinated review under SEQR.
(1)
Site resource analysis map. With the submission of a sketch plan, an applicant shall prepare a site resource analysis map which meets the requirements of Article V, § 125-43, of the Zoning Law, shall fill out the site resource analysis assessment in conjunction with the Planning Board (included as Appendix A of these regulations[1]) and participate in a discussion with the Planning Board
to determine a conceptual plan for the proposed subdivision.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
Study of site resource analysis. The Planning Board shall review
the applicant's site resource analysis map, the site resource
analysis assessment and discuss the proposed subdivision with the
applicant. The applicant should be prepared to discuss possible subdivision
concepts, based on the site's resource analysis, and how the
subdivision concepts can meet the objectives of the Town's regulations.
The site resource analysis map, the site resource analysis assessment
and conceptual design discussion will form the basis for the design
of the subdivision and should be reflected in subsequent plans. Any
requirements of these regulations which the applicant requests to
be waived should be discussed at this time. No statement, comment
or other communication made during this informal review shall be binding
on any party. The Planning Board may provide the applicant with written
comments, which may be in the form of meeting minutes, regarding whether
the site resource analysis map and site resource analysis assessment
meet the objectives of this chapter. If comments are received, such
comments shall be incorporated by the applicant into the sketch plan.
If no comments are received within 62 days of submission of the site
resource analysis map and the site resource analysis assessment, the
applicant may proceed to the subdivision application.
(3)
The site resource analysis map and conceptual discussions with
the Planning Board do not allow filing of a plat with the Dutchess
County Clerk nor authorize the sale or lease of or any offer to sell
or lease any lots in such subdivision or any part thereof. The site
resource analysis map, site resource analysis assessment and conceptual
discussion allow the applicant to proceed with the subdivision application.
B.
Classification and designation. Classification of the sketch plan is to be made at the regular meeting by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations and as to whether it is considered a Type I or unlisted action under SEQR. A notation regarding classification shall be made by the Planning Board directly on the sketch plan. The Planning Board may require, however, when it deems necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article IV, § 101-4.4, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article IV, §§ 101-4.5 and 101-4.6. The Planning Board shall, based upon input provided by the applicant, also designate the name by which the subdivision shall be known.
C.
Study of sketch plan. The Planning Board shall, within 62 days after
submission, determine whether the sketch plan meets the objectives
of these regulations and 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 the sketch plan is found
unacceptable, the applicant will be asked to submit a new plan, based
upon specific recommendations to be incorporated by the applicant
in the next submission to the Planning Board, before proceeding with
a preliminary plat. Reasons for recommended modifications of the sketch
plan or rejection shall be stated in the records of the Planning Board.
In its review of the sketch plan, the Planning Board shall schedule
a field inspection of the site.
(1)
For conservation subdivisions, a site inspection shall be conducted
to discuss the site resource analysis map, site resource analysis
assessment and the delineation of open space and potential development
areas. The subdivider and/or his or her representatives shall accompany
the Planning Board during its site inspection.
(2)
To facilitate the inspection of the site for proposed conventional
subdivisions, the subdivider shall have the corners of the property,
proposed lot corners, and the center lines of any proposed streets
marked by temporary stakes.
D.
Sketch plan fees. Sketch plan review requires the filing of an initial application and payment of a nonrefundable fee in accordance with the Town of Rhinebeck Fee Schedule and Article XIV of the Zoning Law.[2] sketch plan endorsement is not considered an "action"
as that term is defined by the New York SEQR Regulations and does
not allow filing of a plat with the County Clerk or authorize the
sale or lease of or any offer to sell or lease any lots in such subdivision
or any part thereof.
A.
Application and fee. Within six months of the classification by the Planning Board of the sketch plan of a proposed subdivision as a minor subdivision, the property owner, or his or her 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 plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article VIII of these regulations for conservation subdivisions. Any application for plat approval for a minor subdivision shall be accompanied by the applicable nonrefundable fee in accordance with Article XIV of the Zoning Law.[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 12 paper copies and, unless impracticable, one electronic copy of the subdivision plat and all further required data specified within Article VII, § 101-7.1, 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 meeting it shall be introduced and considered officially received by the Planning Board for purposes of these regulations. Additional copies of the proposed subdivision plat and such further information as is required by the Planning Board may be requested for the purposes of coordinated review under SEQR.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
or her 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 hearing on the plat shall be closed
upon a motion of the Planning Board within 120 days after it has opened,
unless extended by mutual consent of the applicant and the Board.
If the Planning Board is serving as lead agency under SEQR, and if
the Planning Board has determined that a DEIS is required, a public
hearing shall be held on the DEIS. The public hearing on the DEIS
and the public hearing on the subdivision application shall be consolidated
and held jointly, in which event the hearing shall be advertised at
least once in a newspaper of general circulation in the Town at least
14 days prior to the hearing. The Planning Board, by resolution at
a stated meeting, shall fix the place, date, and time of the public
hearing. The Planning Board shall provide a copy of this notice of
said hearing to the applicant, at which hearing he or she shall appear
in person or by agent. All notices and mailings shall be the responsibility
of the applicant, shall be paid for by the applicant, shall be sent
and confirmed by the applicant using certified mail or registered
mail and shall be certified to the Planning Board that compliance
has timely occurred. Such notices and mailings shall be as follows:
(a)
By publishing at least five calendar days prior to the date
thereof a legal notice in a newspaper of general circulation in the
Town.
(b)
Posting. Notice shall be posted at least five days prior to
the date of the hearing as follows:
[1]
On the bulletin board of the Town Hall;
[2]
On the Town of Rhinebeck website; and
[3]
On a conspicuous sign posted along the road frontage of the
parcel subject to the pending subdivision plat proceeding before the
Planning Board for a period 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.
(c)
By requiring notice of the public hearing and data regarding
the substance and location of the subdivision application to the owners
of all property abutting that held by the applicant and all other
owners within 500 feet of the exterior boundaries of the land involved
in such application or such additional distance as the Planning Board
may deem advisable, or as otherwise required by state law. Notice
shall be mailed at least 10 calendar days prior to the hearing, with
compliance with the notification procedure certified to by the Clerk
of the Planning Board.
(d)
By providing notice of the public hearing and data regarding
the substance and location of the subdivision application to all involved
agencies under SEQR at least 10 calendar days prior to the hearing.
(e)
If the land involved lies within 500 feet of a farm operation
located in a New York State agricultural district, such owners shall
be sent, at least 10 calendar days prior to the public hearing, an
agricultural data statement on forms supplied by the Town of Rhinebeck
and prepared by the applicant.
(f)
If the land involved in the application lies within 500 feet
of the boundary of any other municipality, the applicant shall also
mail, at least 10 calendar days prior to the public hearing, to the
municipal Clerk of such other municipality or municipalities a copy
of the notice of the substance of every application, together with
a copy of the official notice of such public hearing.
(g)
The names and addresses of owners notified shall be taken as
such appear on the last completed tax roll of the Town.
(h)
Provided that there has been substantial compliance with these
provisions, 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 granting or denying a subdivision application.
(2)
If no DEIS has been required, the Planning Board shall, within
62 days after the close of the public hearing required on such plat,
approve, with or without modifications, 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 62 days as prescribed above,
the plat shall be deemed approved in accordance with the provisions
of § 276 of the Town Law. This time may be extended upon
request by the applicant and consent by the Planning Board.
(3)
If a DEIS has been required, the final EIS shall be filed and
considered for a minimum of 10 days in accordance with the provisions
of SEQR. Within 30 days of the filing with and consideration of such
final EIS by the Planning Board, the Planning Board shall issue a
written findings statement on the action and make its decision on
the plat. This time may be extended upon mutual consent of the applicant
and the Planning Board.
(4)
Upon a resolution of approval, a reproducible Mylar and 10 copies
of the subdivision plat shall be provided by the applicant and properly
signed by the Chair 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 as provided in § 276 of the Town Law.
(5)
If conditional approval is granted, the Planning Board shall
empower the Chair 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, by attachment of
the Planning Board's resolution, 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
conditions and requirements have been certified as completed within
that time. The Planning Board may, however, extend the time within
which a conditionally approved plat may be submitted for signature,
if in its opinion such extension is warranted, for a period not to
exceed two additional periods of 90 days each.
A.
Application and fees. 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 plan of a proposed subdivision as a major subdivision, the property owner, or his or her duly authorized representative, shall file an application for consideration of 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 Article VII, § 101-7.3, 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 waiver of any specific requirement may be specifically requested in writing from, and authorized by, the Planning Board. Payment of a nonrefundable 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 and the fee reimbursement requirements of Article XIV of the Zoning Law.[1] A copy of said fee schedule shall be available from the
Clerk of the Planning Board.
B.
Purpose. 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 required improvements,
both public and private, 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 required 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, except as may otherwise be specifically authorized
by the Planning Board.
C.
Number of copies. The application for approval of the preliminary plat, complete with 12 paper copies and, unless impracticable, one electronic copy of the preliminary plat and all further required data specified within Article VII, § 101-7.1, 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 meeting 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 Article VII, § 101-7.3, of these regulations shall not be accepted by the Clerk of the Planning Board. Additional copies of the proposed preliminary plat and such further information as is required by the Planning Board may be requested for the purposes of coordinated review under SEQR.
D.
Subdivider to attend Planning Board meeting. The subdivider, or his
or her 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 results of the resource analysis and sketch plan discussions, the best use of the land being subdivided and the policies and objectives identified in Article II of these regulations. Particular attention shall be given to the arrangement, location and width of streets, their relationship to the topography of the land, location of prospective home sites, water supply, sewage disposal, drainage, lot sizes and configuration, biodiversity, historic, scenic and rural resources, the future development of lands as yet unsubdivided, and the requirements of the Comprehensive Plan, including the Open Space and Affordable Housing Implementation Plan and the Significant Habitats Report, Local Waterfront Revitalization Program, the Official Map (if one exists), and the Zoning Law,[2] Flood Damage Prevention Law,[3] and Freshwater Wetlands Law.[4] In its review of the preliminary plat, the Planning Board
may consult with its private planning, engineering and legal consultants,
as well as other Town, county, state and federal officials, boards,
agencies and departments.
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.
(2)
The Planning Board, by resolution at a stated meeting, shall
fix the place, date, and time of the public hearing. The Planning
Board shall provide a copy of this notice of said hearing to the applicant,
and at which hearing he or she shall appear in person or by agent.
All notices and mailings shall be the responsibility of the applicant,
shall be paid for by the applicant, shall be sent and confirmed by
the applicant using certified mail or registered mail and shall be
certified to the Planning Board that compliance has timely occurred.
Such notices and mailings shall be as follows:
(a)
By publishing at least five calendar days prior to the date
thereof a legal notice in a newspaper of general circulation in the
Town.
(b)
Posting. Notice shall be posted at least five days prior to
the date of the hearing as follows:
[1]
On the bulletin board of the Town Hall;
[2]
On the Town of Rhinebeck website; and
[3]
On a conspicuous sign posted along the road frontage of the
parcel subject to the pending subdivision plat proceeding before the
Planning Board for a period 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.
(c)
By requiring notice of the public hearing and data regarding
the substance and location of the subdivision application to the owners
of all property abutting that held by the applicant and all other
owners within 500 feet of the exterior boundaries of the land involved
in such application or such additional distance as the Planning Board
may deem advisable, or as otherwise required by state law. Notice
shall be mailed at least 10 calendar days prior to the hearing, with
compliance with the notification procedure certified to by the Clerk
of the Planning Board.
(d)
By providing notice of the public hearing and data regarding
the substance and location of the subdivision application to all involved
agencies under SEQR at least 10 calendar days prior to the hearing.
(e)
If the land involved lies within 500 feet of a farm operation
located in a New York State agricultural district, such owners shall
be sent, at least 10 calendar days prior to the public hearing, an
agricultural data statement on forms supplied by the Town of Rhinebeck
and prepared by the applicant.
(f)
If the land involved in the application lies within 500 feet
of the boundary of any other municipality, the applicant shall also
mail, at least 10 calendar days prior to the public hearing, to the
municipal Clerk of such other municipality or municipalities a copy
of the notice of the substance of every application, together with
a copy of the official notice of such public hearing.
(g)
The names and addresses of owners notified shall be taken as
such appear on the last completed tax roll of the Town.
(h)
Provided that there has been substantial compliance with these
provisions, 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 granting or denying a subdivision application.
(3)
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 preliminary plat in accordance with the provisions
of § 276 of the Town Law. 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:
(a)
The specific changes which it will require in the preliminary
plat;
(b)
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
(c)
The categories of improvement and the estimated amount of all
bonds or similar performance guarantees which the Planning Board shall
require as a requisite to approval of the final plat.
(4)
The action of the Planning Board, plus any conditions attached
thereto, shall be noted on three copies of the preliminary plat, which
notation may occur by attachment of the Planning Board's resolution.
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. 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 as a guide to the preparation of the plat, which
will be submitted for approval of the Planning Board and for recording
upon fulfillment of the requirements of these regulations. 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 fees. Following approval of the preliminary plat, with or without modifications, the property owner or his or her duly authorized representative, shall prepare a final plat, together with all other supplementary documents, in accordance with Article VII, § 101-7.4, of these regulations, which final plat shall specifically address each of the conditions of the preliminary plat approval. The application for final plat approval for a major subdivision, or any section thereof, shall be accompanied by fees in accordance with the Town's subdivision fee schedule and Article XIV of the Zoning Law.[1] 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 of
the preliminary plat, with or without modifications, unless such time
limit is extended upon request by the applicant and consent of the
Planning Board.
B.
Purpose. The final plat and the supporting documents for proposed
subdivision constitute the complete plans for development of the subdivision
proposal. After a public hearing, as required, and approval by the
Planning Board, this complete submission, along with the applicable
performance guarantee 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 12 paper copies and, unless impracticable, one electronic
copy 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 meeting it shall be introduced and considered officially
received by the Planning Board for purposes of these regulations.
D.
Approval procedure.
(1)
Within 62 days of the receipt of the final plat by the Clerk of the Planning Board, the Planning Board shall hold a public hearing, if required, on such final plat. Such hearing shall be advertised in accordance with the requirements of § 101-4.5F of these regulations; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 101-4.5 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 requirements for such public hearing.
(2)
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 approve, conditionally
approve with or without modifications, 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 in accordance
with the provisions of § 276 of the New York State Town
Law. No plat shall be approved by the Planning Board as long as the
subdivider is in performance default on any previously approved plat
within the Town of Rhinebeck. If conditional approval is granted,
the Planning Board shall empower the Chair 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 request by the applicant, the Planning
Board may, however, extend the time within which a conditionally approved
plat may be submitted for signature, if in its opinion such extension
is warranted, for a time not to exceed two additional periods of 90
days each.
E.
Final approval and filing. Upon completion of the requirements in Article IV, § 101-4.6, and Article V, §§ 101-5.1 and 101-5.2, and notation to that effect upon the subdivision plat, the subdivision plat shall be deemed to warrant final approval. A reproducible Mylar and 12 copies, as provided by the applicant, shall be properly signed by the Chair of the Planning Board upon receipt of notification that the required performance guarantee and insurance, as may be requested, have had the approval of the Town Attorney and that the performance guarantee has been accepted by the Town Board. 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 to constitute or imply an acceptance by the Town of any street, or other land, shown as offered for cession to public use and ownership.
F.
Expiration of approval. The approval of a final plat shall expire
60 days after the signing of the plat by the Chair of the Planning
Board unless filing of the plat in the office of the Dutchess County
Clerk has been accomplished within that time period in accordance
with § 278 of the Town Law. 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 which may have been submitted by the subdivider
shall be deemed to be invalid, void, and of no effect.
G.
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 60 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
§ 265-a of the Town Law. In the event the applicant does
not record all approved sections, the entire plat shall be filed with
the Town Clerk within 30 days from the recording of the plat or any
approved section thereof, and the applicant shall file with the Clerk
of the Planning Board a photostatic copy of the plat certified by
the County Clerk to be a true copy of the recorded plat.
A.
Upon the posting of a satisfactory performance guarantee or upon certification of the completion or installation of all required improvements to the satisfaction of the Town Board, in accordance with Article V, § 101-5.2, of these regulations, Article X of the Zoning Law,[1] and upon Planning Board approval of the final plat, the
subdivider, or his or her successor in title, may be issued building
permits for the construction of buildings in accordance with the approved
subdivision plat, the Town's Zoning Law,[2] and other applicable laws, rules and regulations, and
provided the street giving access to the proposed building(s) has
been suitably improved and sufficient drainage, erosion, and other
applicable environmental controls have been constructed to accommodate
such buildings.
B.
In instances where building permits have been authorized upon the posting of a satisfactory performance guarantee, the subdivider or his or her 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 by Article X of the Zoning Law[3] and by Article V, § 101-5.2, of these regulations. A note to this effect shall be specifically included on the final plat submitted for signature and for filing in the Office of the Dutchess County Clerk.
