A.
The subdivider should make an appointment with the
Planning Board for an initial conference at a regular meeting of the
Planning Board to acquaint him with the Board's requirements and to
familiarize the Board with the nature of the proposal, in order to
avoid unnecessary expense due to costly revision of subdivision plats.
B.
At the initial conference, the Planning Board will
discuss the applicant's proposal with him and may make suggestions
either at this time or after further study, where it is considered
necessary, for changes in the proposed layout. Following receipt of
any such suggestions, the applicant may begin preparation of the preliminary
application for subdivision approval.
C.
To aid in presenting the proposal to the Planning
Board, the applicant may wish to prepare the following map: a pen
or pencil sketch layout of the proposed subdivision, identifying all
land owned by the applicant, the location and ownership of all adjoining
property, the location of streets and highways in the vicinity of
the property, the general location of new streets and arrangement
of lots within the proposed subdivision, and the general location
of those natural features such as streams, ponds, marshy and wooded
areas, ridgelines, etc., which may influence the design of the subdivision.
This map need not be drawn to any specific scale, but should be large
enough to demonstrate clearly to the Board the factors which will
influence the design of the subdivision. If possible, the applicant
should be prepared to leave three copies of the map with the Planning
Board.
Prior to filing an application for approval of a final subdivision plat, the applicant shall submit a preliminary plat conforming to § 140-29 of these regulations and shall meet with the Planning Board at a regular meeting to discuss its general conformity to these regulations. At least four copies of the preliminary plat shall be delivered to the Chairman or other authorized official of the Planning Board at least 10 days before such meeting. Such application shall be accompanied by a preliminary application fee. The application shall comply in all respects with these regulations and shall include all land which the applicant proposes to subdivide, even if the subdivision will be undertaken in sections. Where the applicant is not currently the owner of the property, written authorization from the owner to the submission of the preliminary plat must accompany the application.
A.
Required maps. The following maps must be prepared by a licensed professional engineer or land surveyor for submission with the preliminary application. The detailed information to be shown on each is given in the designated section of § 140-29 of these regulations:
B.
Temporary staking. In order to facilitate inspection
and review of the site of the proposed subdivision, temporary staking
along the approximate center line of all proposed roads in the subdivision
will be required. The subdivider shall provide stakes as follows:
(1)
Along the center line of each proposed road at intervals
of not more than 100 feet, and at each point of beginning and ending
of each curve. Each stake shall be identified by station marking to
conform to the plans as presented, and shall be so placed as to extend
at least 30 inches above ground surface. Inasmuch as these stakes
are not permanent, a tolerance of up to one foot from exact position
will be allowed.
(2)
A stake shall be placed at the approximate intersection
of each side lot line with the street line, marked with the identifying
numbers of each abutting lot, as shown on the preliminary plat. These
stakes shall be maintained in position during construction operations.
(3)
All stakes referred to in this section shall be in
position at the time the preliminary application is presented to the
Planning Board. The Planning Board will not conduct its field inspection
of the property until such stakes have been positioned.
(4)
All stakes removed or destroyed prior to the approval
of the subdivision plat shall be replaced by the applicant, if required
by the Planning Board or its authorized representatives.
C.
Field trip. After receipt of all required preliminary
application material, the Planning Board may schedule a field trip
to the site of the proposed subdivision. The applicant or his representative
may be invited to attend the field trip.
D.
Planning Board action. Within 60 days of the official
submission date of a preliminary plat in complete and proper form,
the Planning Board shall take action to conditionally approve, with
or without modifications, or disapprove the plat.
[Amended 2-23-1998 by L.L. No. 1-1998]
E.
Expiration of approval. Approval of a preliminary
application shall expire six months from the date of approval if no
application for final approval is submitted within such period, except
where such time limit is extended upon mutual consent by the Planning
Board and the subdivider.
F.
Waiver of requirements. Where a proposed subdivision
does not involve a proposed road or a proposed realignment or widening
of an existing road, or any other feature shown on the Village Plan,
does not involve the construction or expansion in capacity of any
existing or proposed drainage system, does not involve the extension
of any water or sewerage facilities and where no further subdivision
is possible, the Planning Board may waive, by resolution, the submission
and tentative approval of the preliminary plat required by this section.
Within six months after the Planning Board's
completion of its review of the preliminary plat, the owner of the
land proposed to be subdivided may submit to the Board an application
for approval of a subdivision, together with the proposed final plat
and construction plan, which shall be accompanied by the required
application fee and all of the information required by this section.
In order that the Planning Board may determine that the proposed final
plat and construction plan is in proper order, the applicant shall
deliver to the Chairman or other authorized official said application,
the proposed final plat, construction plan and all required accompanying
material at least two weeks in advance of the regular meeting of the
Planning Board at which the application for approval of the proposed
final plat is to be submitted.
A.
Items to accompany final plat application. The application
shall be accompanied by the following:
(1)
A final plat application fee.
(2)
The proposed final plat, prepared and signed by a licensed professional engineer or land surveyor, in accordance with § 140-30, final plats, at a scale of no less than one inch equals 100 feet, four copies.
(3)
A construction plan, prepared by a licensed professional
engineer, at a scale of no less than one inch equals 100 feet, four
copies.
(4)
Endorsement by the County Health Department as conforming
to County Sanitary Code.
(5)
A statement from the applicant's engineer giving the
estimated cost of construction of subdivision roads and other improvements
to meet requirements of the regulations, together with quantities
and unit costs used in making the estimate.
(6)
Formal offers of cession to the public of all streets,
parks, playgrounds and other recreation areas, in a form approved
by the Village Attorney, except where the proposed final plat has
a notation that no offer of dedication of such streets, parks, playgrounds
and other recreation areas or any of them is made to the public.
(7)
Stamped envelopes, addressed to each of the owners
of record of property abutting or across the street from the property
included in the proposed subdivision.
(8)
Proof of ownership by the applicant of the premises
covered by the application.
(9)
Statement from the applicant's engineer indicating
the estimated cost of construction of subdivision streets and other
improvements, in the event that the applicant wishes to post a performance
bond with the town.
B.
When application is officially submitted. The time
of the submission of the proposed subdivision plat shall be considered
to be the date of the regular meeting of the Planning Board following
the applicant's delivery of required drawings and information called
for to the Chairman or other duly authorized official of the Board.
If all required information and fees are not submitted or if all standards
and requirements of these regulations are not met in the proposed
subdivision plat and construction plan, and the applicant has not
requested a waiver of any such standard or requirement, the application
shall not be considered as having been officially submitted.
C.
Public notice of hearing. A public hearing shall be
held by the Planning Board after the public notice required by Article
7, § 7-728 of the Village Law. The public hearing shall
be advertised at least once in a newspaper of general circulation
in the village, and a notice of the hearing posted in at least three
prominent places at least five days before such hearing.
[Amended 2-23-1998 by L.L. No. 1-1998]
D.
Public hearing and Planning Board action. At the public
hearing, the Planning Board will give any interested persons an opportunity
to examine, inquire or present pertinent information with respect
to the proposed final plat. After the public hearing, within 60 days
from the official submittal date of the proposed final plat, the Planning
Board shall approve, modify and approve or disapprove the proposed
plat by resolution, which shall set forth in detail any conditions
to which the approval is subject or the reasons for a disapproval.
If the applicant has indicated his intention of posting a performance
bond to assure satisfactory completion of all required improvements,
the amount of such bond and time limit for completion of required
improvements shall be set by the Planning Board in its resolution.
A copy of the Planning Board's resolution shall be mailed by the secretary
of the Planning Board to the applicant.
[Amended 2-23-1998 by L.L. No. 1-1998]
E.
Authorization for filing plat by sections. Prior to
granting its approval, the Planning Board may permit the plat to be
subdivided into two or more sections and may impose such conditions
upon the filing of such sections as it may deem necessary to assure
the orderly development of the plat. The Planning Board will determine
that the sections are logical in their extent, and that none contain
less than 10% of the total lots in the subdivision. No section will
be approved for filing prior to another section or sections upon which
it will depend for street access and adequate traffic circulation.
Approval of such sections, subject to any conditions imposed by the
Planning Board, shall be granted concurrently with the approval of
the final plat, and the extent of each section and all conditions
imposed shall be shown on the final plat.
F.
Actions by applicant. Based upon the Planning Board
resolution, the applicant shall have the proposed final plat and construction
plan revised, if necessary, in accordance with said resolution, including
the placing of notations on the plat with respect to any conditions
imposed by the Planning Board, and submit four copies to the Board's
Chairman or other duly authorized official. The applicant shall also
submit to the Village Attorney any performance bond which is to be
posted, who shall determine that the bond is in a form satisfactory
to him and has a surety which is approved by the Board of Trustees.
A.
When a bond is filed. The Chairman or other duly authorized
officer of the Planning Board, after determining that the plat and
construction plans are in full accordance with the Planning Board's
resolution of approval and after receiving a certification from the
Village Attorney that the performance bond is in form satisfactory
to him and that the Board of Trustees has approved the bond's surety
and after receiving the payment of the inspection fee and, where required
by the Planning Board, the park fee, shall endorse the final approval
of the Board on the subdivision plat.
B.
When no bond is filed. The Chairman or other duly
authorized officer of the Planning Board, after determining that all
required improvements have been completed in full accordance with
the Planning Board's approval of the subdivision plat and construction
plans and are in good condition, that the inspection fee has been
paid and, where required by the Planning Board, the park fee has been
paid, shall endorse the final approval of the Board on the final plat.
C.
Copies to be signed. The endorsement of approval shall
be by signature and date on the tracing cloth original of the plat
(which will be returned to the applicant for his use in filing in
the office of the County Clerk) and on a transparent print of the
plat (which will be retained in the record files of the Planning Board).
The original and two prints of the approved construction plans and
two prints of the approved final plat shall also be filed with the
Planning Board.
D.
Plat void if revised after signature. No changes,
erasures, modifications or revisions shall be made to any final plat
after approval has been given by the Board and endorsed, in writing,
on the plat. In the event that any subdivision plat, when recorded,
contains any such changes, the plat shall be considered null and void.
A.
The final plat shall be filed in the office of the
County Clerk of Dutchess County within 90 days of the date when final
approval is endorsed on the plat. The Planning Board may, however,
by resolution, extend the time for filing said plat up to two additional
periods of 90 days each, if, in its opinion, the particular circumstances
warrant such extension.
B.
Duplicate of approved plat. The applicant, before
filing the plat, shall have a duplicate made on tracing cloth and
deliver this duplicate to the Planning Board for its files.
