Town of Clinton, NY Article III Procedure for Approval of Subdivisions or Lot Line Adjustments

§ 206-7 Purpose; approval required.

The purpose of this article is to establish the procedure for Planning Board review and action on applications for subdivisions or lot line adjustments. Whenever any subdivision of land or lot line adjustment is proposed, and before any contract for the sale or lease of, or any offer to sell or lease any lots in such subdivision or any part thereof is made, and before any permit for the erection of any structure in such proposed subdivision shall be granted, the applicant shall apply for and secure approval of such proposed subdivision or lot line adjustment in accordance with the following procedures. (Refer to the definition of "applicant" in Article XII of this chapter.) Whenever anyone other than the property owner is acting as the applicant for a proposed subdivision or lot line adjustment, he/she must verify in writing to the Planning Board that the property owner(s) has authorized him/her to act on the property owner(s) behalf.

§ 206-8 Preapplication conference.

At the request of the applicant, an optional preapplication conference for application information may be scheduled with the Town Planning Board Chairperson or designated representative(s) of the Planning Board. If the application is sufficiently complex, or if the Planning Board Chairperson chooses, the application may be placed on the agenda of a Planning Board meeting for an informational conference. The applicant is encouraged to have such a preapplication conference prior to making a substantial financial investment in the project.

§ 206-9 Sketch plan approval for subdivisions.

A. Submission of sketch plan. The applicant shall submit to the Clerk of the Planning Board, at least 14 days prior to the regular meeting of the Planning Board, nine copies of a sketch plan of the proposed subdivision based on Tax Map information, or similarly accurate base map, at a scale not less than one inch to 50 feet. (Note: one inch to 100 feet is a scale less than one inch to 50 feet.) The entire sketch plan shall be shown on a sheet of paper not exceeding 36 inches by 48 inches. At this stage, the applicant should present sketch concepts with the expectation of alternatives to be considered, rather than a finalized engineering plan. The sketch plan shall indicate the information found in the checklist in Article XIV. Prior to attending the sketch plan meeting, the applicant should become familiar with the Town's Master Plan, Chapter 250, Zoning, this chapter, and SEQR requirements in order to have a general understanding of the subdivision process.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Study of sketch plan. The Planning Board shall discuss the sketch plan concept with the applicant and determine whether the sketch plan meets the objectives of this chapter. The Planning Board will make recommendations for modification or redesign of the sketch plan to be incorporated by the applicant in the next submission to the Planning Board. Any requirements of this chapter which the applicant requests to be waived should be discussed at this time. In its review, the Planning Board members may schedule a field visit to the site. Sketch plan approval 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. Sketch plan approval only allows the applicant to proceed with preliminary plat application.

C. SEQR classification (see § 206-10 below) should be determined by the Planning Board and discussed with the applicant at completion of the sketch plan review.

§ 206-10 SEQR classification.

The Planning Board shall initiate the New York State Environmental Quality Review Act (SEQR) process, as defined in Article 8 of the Environmental Conservation Law and Part 617 of the New York Code of Rules and Regulations, upon completion of the sketch plan stage of the application process. The Planning Board shall review the short or full environmental assessment form, and, if applicable, the draft environmental impact statement submitted by the applicant with the plat application materials, and determine the type of action that is being proposed (Type I, Type II or unlisted action, as defined by SEQR). Once the Planning Board has made a SEQR classification, the applicant shall be informed by the Board as to whether the application will be subject to additional environmental review as specified in the SEQR regulations. All requirements of SEQR shall be completed prior to any approval of the preliminary plat by the Planning Board.

§ 206-11 Approval of preliminary plat for subdivisions.

A. Application and fees. Within six months of sketch plan approval of a proposed subdivision, the applicant should file an application for consideration of a preliminary plat of the proposed subdivision. The preliminary plat shall, in all respects, comply with the requirements of §§ 276 and 277 of New York State Town Law and this chapter, except where a waiver of any requirement may be specifically requested by the applicant, and authorized in writing by the Planning Board. Payment of a nonrefundable application fee shall accompany each application for approval of a preliminary plat for a subdivision. The application fee shall be in accordance with the Town of Clinton Fee Schedule. (Refer to Article XI, Fee Schedule.)

B. Overview. The preliminary plat and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board. Following preliminary plat approval, one copy, marked "Preliminary," shall become the official record of the Town Clerk.

(1) The preliminary plat and supporting documents shall show the layout of all the land to be subdivided (whether or not the subdivision will be completed in phases) and the required improvements, both public and private, so that the Planning Board can indicate approval, approval with modifications, or disapproval of the proposed subdivision, including final engineering design and detailing of the required improvement and utilities, prior to the final plat phase of the application process.

(2) 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.

(3) The applicant may choose to apply for both preliminary and final plat approval at the same meeting. In making such application, the applicant shall submit all information required for both approvals as contained in Article XIV, but may identify the plat as "Final Plat." The Planning Board, at its discretion, may or may not grant preliminary plat approval, final plat approval, or both approvals as it deems the requirements have/have not been met.

(4) The preliminary layout shall additionally serve as a key map to subdivisions subsequently laid out in sections or phases on final plats.

C. Documents submitted. The application for approval of the preliminary plat, complete with nine copies of the preliminary plat, shall be filed with the Clerk to the Planning Board at least 14 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 this chapter. The submitted documents shall include:

(1) All information required for the sketch plan phase of the application process.

(2) The preliminary plat shall be certified by a licensed land surveyor and engineer, as required by law, at a scale of not more than one inch to 50 feet. The preliminary plat shall be shown on sheets of paper not larger than 36 inches by 48 inches, and shall be clearly marked "Preliminary Plat."

(3) The preliminary plat shall also include, to the extent applicable, all information identified in the checklist found in Article XIV. A proposed submission shall include all the required drawings and documents specified within this chapter, except those requirements waived by the Planning Board, to be accepted as a complete application for preliminary plat of a subdivision.

D. Attendance at Planning Board meeting. The applicant or his/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 requirements of the community, the best use of the land being subdivided, environmental constraints, including farming considerations as set forth in NYS Agricultural District Law if applicable, and the policies set forth in § 206-2 of this chapter. Particular attention shall be given to: the proposed arrangement, location and width of roads, the relationship of proposed roads to the topography of the land; location of prospective homesites; water supply; sewage disposal; drainage; proposed lot sizes and configuration; the location and feasibility of proposed driveways; the future development of lands not yet subdivided, and the requirements of the Master Plan and Chapter 250, Zoning, of the Town of Clinton; and matters enumerated in § 277 of the New York State Town Law. Recommendations made at sketch plan review shall be considered at this time. To facilitate the inspection of the site, the applicant shall have the corners of the project boundary, proposed lot corners at the road frontage, and the center line of any proposed roadway approximately marked by temporary stakes. The applicant may be requested to accompany the Planning Board during its site visit.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. Consultant review. In its review of a preliminary plat for a subdivision, the Planning Board may consult with the Town Zoning Administrator, Town Superintendent of Highways, local fire departments, Conservation Advisory Committee, the Board's planning and engineering consultants, in addition to representatives from Town, county and/or state agencies. Reimbursable costs incurred by the Planning Board for consultation fees, particularly for planning and engineering consultants, shall be charged to the applicant. The Planning Board may require the applicant to establish an escrow account balance with the Town during its review process, in order to charge reimbursable costs to the applicant. Such reimbursable costs shall be paid in full by the applicant, prior to final plat approval, in addition to the required application and if applicable, recreation fees.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

G. SEQR determination. Before an application for preliminary plat approval is deemed complete, the Planning Board shall make a determination of significance under SEQR. If the Planning Board finds that the proposed subdivision may have a significant effect on the environment, it shall issue a positive declaration and direct the applicant to prepare an environmental impact statement pursuant to the procedures established under SEQR. The preliminary plat application shall not be deemed complete until either a negative declaration has been issued by the Planning Board or a draft environmental impact statement has been accepted as complete by the Planning Board. Any amendments to NYS SEQR law, if applicable, shall modify the procedure herein described.

H. Approval procedure. The procedure for approval of a preliminary plat for a subdivision shall consist of the procedures specifically enumerated in Article XIII of this chapter.

§ 206-12 Approval of final plat for subdivisions.

A. Application and fee. Following approval, with or without modifications, of the preliminary plat, the applicant shall prepare a final plat, together with all other supplementary documents, which final plat shall specifically address each of the conditions of the preliminary plat approval. The application for final plat approval for a subdivision, or any section thereof, shall be accompanied by a recreation fee in accordance with the Town of Clinton Fee Schedule, unless land has been set aside in the subdivision for recreation and park purposes. (Refer to Article IV, § 206-18.) The final plat, including supplementary documents, shall be filed with the Clerk to the Planning Board within six months after approval, with or without modifications, of the preliminary plat, unless such time limit is extended by written mutual consent of the applicant and the Planning Board. If such plat is not submitted for final plat approval within six months, approval of the preliminary plat becomes void. The application for final plat shall:

(1) Contain all information required for sketch plan and preliminary plat phases of the application process, as specified in this chapter. The application shall comply in all respects with the preliminary plat, with any modifications, improvements and reservations required by the Planning Board in its approval of the preliminary plat. It shall contain any other information requested by the Planning Board as a requirement for final plat approval.

(2) Include a reproducible mylar and 10 copies of the final plat certified by a licensed land surveyor and engineer, as required by law, at a scale of not more than one inch to 50 feet. The final plat shall include individual stamp/signature blocks for the Clinton Planning Board and the Dutchess County Health Department, and be suitable for filing in the office of the Dutchess County Clerk. The final plat shall bear no erasures and shall be on a sheet of paper not larger than 36 inches by 48 inches.

(3) Be properly endorsed by the Dutchess County Department of Health, when applicable, and in compliance with § 206-20A and Article XIV, § 206-53D, as satisfying the standards of the State or County Sanitary Code.

(4) Include the entire subdivision, or section(s) of the subdivision, which derives access from a Town, county, or state road or for a proposed road meeting Town specifications for which a bond covering such improvements is held by the Town of Clinton.

(5) Have plans for the proposed roads and driveways approved by the Town Superintendent of Highways and, if necessary, the Town Engineer. In addition, if the proposed roadway will intersect or connect with any state, county, or adjacent municipality's roadway, plans must have the approval of the appropriate governmental highway department.

(6) Include, to the extent applicable, the information contained on the checklist provided in Article XIV, which, together with the above, shall constitute a final plat.

B. Overview. The final plat and the supporting documents for a proposed subdivision constitute the complete plans for development of the subdivision proposal. After the required public hearing and approval by the Planning Board, this complete submission along with the applicable performance guarantee(s) and, if needed, the general liability insurance policy becomes the basis for the development of the subdivision, the installation of required improvements and the applicable inspection services by the Town Engineer or other delegated Town officials.

C. Approval procedure. The procedure for approval of a final plat for a subdivision shall consist of the procedures specifically enumerated in Article XIII of this chapter.

D. Final signature and filing. Upon completion of the requirements found in Article XIV, § 206-53, and Article VI, and notation to that effect upon the subdivision plat, the subdivision plat shall be deemed to warrant final approval. A reproducible mylar and one copy, as provided by the applicant, shall be properly signed by the applicant, and then by the Chairperson 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. The applicant shall provide the Clerk to the Planning Board with four copies of the final plat certified by the office of the Dutchess County Clerk. No building permit shall be issued until such certified copies of the final plat are received by the Town of Clinton. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any road, or other land, shown as offered for cession to public use and ownership. (See also Subsection H below.)

E. 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 Planning 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 and Town Clerk.

F. Expiration of approval. The approval of a final plat shall expire 62 days after the signing of the plat by the Chairperson of the Planning Board unless filing of the plat is accomplished within that time period in the office of the Dutchess County Clerk in accordance with §§ 276 and 278 of the New York State Town Law. Expiration of an approval shall mean that any further action shall require submission of a new application, payment of a new application fee and Planning Board review of all previous findings.

G. Filing in sections. At the time of the final plat approval, the Planning Board may permit the plat to be divided into two or more sections subject to any conditions the Planning Board deems necessary to ensure the orderly development of the final plat. In accordance with § 276 of New York State Town Law, the applicant may file a section of the approved plat in the office of the Dutchess County Clerk, which section shall consist of not less than 10% of the total number of lots shown on the approved plat. In this circumstance, final plat approval on the remaining sections of the plat shall continue in effect for a period of three years from the filing date of the first section with the Dutchess County Clerk. When a plat is filed by section in the office of the Dutchess County Clerk the applicant shall, within 30 days, file with the Town Clerk the entire approved preliminary plat. The applicant shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the Dutchess County Clerk and the required improvements have been installed and approved in such section or a satisfactory performance guarantee covering the cost of such improvements has been posted.

H. Public acceptance of streets and parks. The approval by the Planning Board of a final plat shall not be deemed to constitute or imply the acceptance by the Town Board of any road, park, playground, or other open space shown on said plat. The Planning Board may require the final plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future title, dedication, and provision for the cost of grading, development equipment, and maintenance of any park or playground area.

I. Consultant review. In its review of a final plat for a subdivision, the Planning Board may consult with the Town Zoning Administrator, Town Superintendent of Highways, local fire departments, Conservation Advisory Committee, the Board's planning and engineering consultants, in addition to representatives from Town, county and/or state agencies. Reimbursable costs incurred by the Planning Board for consultation fees, particularly for planning and engineering consultants, shall be charged to the applicant. Such reimbursable costs shall be paid in full by the applicant, prior to final plat approval, in addition to the required application and recreation fees.

[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]

§ 206-13 Approval of lot line adjustments.

A. Application and fee. The applicant shall file an application plat for consideration for a lot line adjustment. Such application plat shall be clearly marked "Lot Line Adjustment" and shall include all the data specified by Article XIV. The plat shall, in all respects, comply with §§ 276 and 277 of the New York State Town Law and this chapter, except where a waiver of any requirement may be specifically requested by the applicant, and authorized in writing by the Planning Board. Payment of a nonrefundable application fee shall accompany each application for approval of a lot line adjustment. The application fee shall be in accordance with the Town of Clinton Fee Schedule. (Refer to Article XI, Fee Schedule.)

B. Overview. The lot line adjustment plat and the supporting documents constitute the material to be officially submitted to the Planning Board. Following approval, one copy shall become the official record of the Town Clerk. Regulations concerning lot line adjustments are:

(1) The proposed lot line adjustment shall not create any substandard lot, or render any lot more substandard than it may be.

(2) In the event that the proposed lot line adjustment proposes the creation upon any of the affected lots of any nonconformance with regard to local laws or ordinances of the Town of Clinton, for which a variance would be necessary, the application shall be deemed to require a variance and subject to the procedures regulating variances as set forth in Chapter 250, Zoning. Where a legal previous nonconformance exists on any of the affected lots, the Planning Board may encourage the applicant to remedy the nonconformance where feasible to do so.

(3) A lot line adjustment invalidates any previously approved site plan on the subject parcels. A new site plan, if required under Chapter 250, Zoning, for the proposed use, shall be submitted for approval. The applicant shall be so notified in writing.

(4) A lot line adjustment may or may not invalidate a previously approved special permit. The Planning Board shall review the supplementary regulations and conditions applicable to an existing special permit, determine whether such special permit shall become invalid and a new special permit application shall required, and so notify the applicant in writing.

(5) A lot line adjustment may or may not invalidate a previously approved variance for one of the lots. If a variance exists for one of the lots, the Planning Board shall refer the application upon approval to the Zoning Administrator for a determination of whether the variance is still valid or shall require reapplication.

[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]

(6) In accordance with New York State Real Property Tax Law (RPTL) § 560, no subdivision may be abandoned in whole or in part for a period of five years from the filing date. Other RPTL rules related to abandoned subdivisions also apply (see RPTL § 560).

[Amended 2-10-2015 by L.L. No. 1-2015, effective 2-24-2015]

(7) In accordance with Chapter 250, Zoning, § 250-89H (Approval of lot line adjustments), any merger of lots requires approval of the Zoning Administrator as well as completion of the merger form prescribed by the Town Assessor and subsequent filing with Dutchess County.

[Amended 2-10-2015 by L.L. No. 1-2015, effective 2-24-2015]

C. Approval procedure. The procedure for approval of a lot line adjustment shall consist of the procedures specifically enumerated in Article XIII of this chapter.

D. Submission requirements. See Article XIV.

E. Signature and filing. Upon completion of the approval procedure found in Article XIII of this chapter, the lot line adjustment(s) shall be deemed to have approval. A reproducible mylar and one copy of the plat showing the lot line adjustment(s), as provided by the applicant, shall be properly signed by the applicant, and then by the Chairperson of the Planning Board. The plat may then be filed by the applicant in the office of the Dutchess County Clerk. The applicant shall provide the Clerk to the Planning Board with four copies of the plat certified by the office of the Dutchess County Clerk. No building permit shall be issued until such certified copies of the plat are received by the Town of Clinton. Planning Board approval of a lot line adjustment plat shall not be deemed an acceptance by the Town of any road or other land shown as offered for cession to public use and ownership.

F. Plat void if revised after approval. No changes, erasures, modifications, or revisions shall be made on any lot line adjustment plat after approval has been given by the Planning Board. In the event that any lot line adjustment 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 and Town Clerk.

G. Expiration of approval. The approval of a lot line adjustment shall expire 62 days after the signing of the plat by the Chairperson of the Planning Board unless filing of the plat is accomplished within that time period in the office of the Dutchess County Clerk in accordance with §§ 276 and 278 of the New York State Town Law. Expiration of an approval shall mean that any further action shall require submission of a new application, payment of a new application fee and Planning Board review of all previous findings.