Article IV Approval Procedure

§ 101-4.1 Approval required.

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.

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.

§ 101-4.2 Preapplication conference.

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.

[1]

Editor's Note: See Ch. 125, Zoning.

[2]

Editor's Note: See Ch. 120, Wetlands.

[3]

Editor's Note: See Chs. 118, Waterfront Consistency Review, and 119, Waterfront Revitalization Program.

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.

A nonrefundable fee shall accompany all applications for preapplication discussion, sketch, minor and major subdivision approval. Application fees shall be in accordance with the fee reimbursement requirements found in Article XIV of the Zoning Law.[4]

[4]

Editor's Note: See Ch. 125, Zoning.

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.

§ 101-4.3 Sketch plan review and classification.

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.

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.

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.

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.

[2]

Editor's Note: See Ch. 125, Zoning.

§ 101-4.4 Approval of minor subdivision plat.

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.

[1]

Editor's Note: See Ch. 125, Zoning.

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.

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.

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.

§ 101-4.5 Approval of preliminary plat for major subdivisions.

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.

[1]

Editor's Note: See Ch. 125, Zoning.

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.

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.

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.

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.

[2]

Editor's Note: See Ch. 125, Zoning.

[3]

Editor's Note: See Ch. 73, Flood Damage Prevention.

[4]

Editor's Note: See Ch. 120, Wetlands.

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

The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.

(h)

(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.

§ 101-4.6 Approval of final plat for major subdivisions.

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.

[1]

Editor's Note: See Ch. 125, Zoning.

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.

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.

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.

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.

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.

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.

§ 101-4.7 Building permits and certificates of occupancy.

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.

[1]

Editor's Note: See Ch. 125, Zoning.

[2]

Editor's Note: See Ch. 125, Zoning.

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.

[3]

Editor's Note: See Ch. 125, Zoning.