Any subdivider who proposes to develop a subdivision in the
Town of Pleasant Valley shall submit plats and documents as provided
in this article.
[Amended 9-14-2011 by L.L. No. 3-2011]
A. The following general requirements are applicable to all maps submitted
under resource analysis and conceptual discussion, sketch plans, and
the preliminary layout submittal.
(1) Layouts and plats shall be clearly and legibly drawn at a convenient
scale of not more than 100 feet to the inch.
(2) Drawings shall be submitted on uniform-sized sheets not larger than
36 inches by 48 inches. When more than one sheet is required to show
the plat, an index map of the same size shall be submitted.
(3) All submissions shall indicate the proposed subdivision name or identifying
title; the words "Town of Pleasant Valley, Dutchess County, New York";
the name and address and seal of the licensed engineer or land surveyor
responsible for the plat; and the date, approximate true North point
and graphic scale.
(4) For the purpose of maintaining accurate and current data for its
records and for professional review by its consultants, and to evaluate
such data in the context of a geographic information system, the Planning
Board may, in its discretion, require that plans, maps and other data
required for subdivisions under this chapter, and all updates and
revisions to such plans, maps and data, be submitted in an electronic
format in addition to the otherwise required paper submissions.
(a)
The Planning Board may waive the electronic format submission
requirement.
(b)
A request for a waiver of this requirement, if the electronic
format is requested by the Planning Board, may be submitted to the
Planning Board upon competent evidence that the requirement will cause
the applicant substantial economic hardship.
(c)
The Planning Board may, from time to time, specify the specific
format and type of electronic submission it requires for each type
of application.
B. Lot line adjustment.
(1) Waiver for lot line adjustments. An applicant may request that the
full subdivision review process be waived and the application be treated
as one for lot line adjustment, when the proposed subdivision satisfies
all of the applicable criteria below:
(a)
It would not create an additional lot;
(b)
It is a minor modification of an existing lot line;
(c)
It would not create a nonconforming parcel or cause any other
parcel to become nonconforming;
(d)
It would comply with all applicable zoning requirements and
applicable New York State Department of Health regulations pertaining
to well and septic system distances from parcel boundaries;
(e)
It would not change the location of any well, septic, driveway,
residence or any other structure.
(2) Waiver application procedure.
(a)
To request such a waiver, the applicant shall submit a waiver
application and a plat or map of the parcels affected by the proposed
adjustment, showing all existing buildings, the location of existing
utility or other easements or rights-of-way, wells and septic systems.
[1]
The map shall show the existing lot lines, the location of all
proposed new lot lines and the existing and new setback distances
to any existing buildings.
[2]
The map shall have the title "LOT LINE ADJUSTMENT between properties
of (name) and (name)" and shall clearly indicate that the change will
not result in a change in the number of lots.
(b)
Upon submission of a complete application, the Planning Board
shall, within 60 days, review the application and either approve or
deny the application for a waiver. Denial of the application for a
waiver will require the applicant to pursue the full subdivision procedure.
(c)
Approval of the waiver application may be granted if the Planning Board determines that the proposed lot line adjustment satisfies the requirements of this §
82-25B and is not likely to adversely affect neighboring properties or the overall plan of the site; cause any adverse environmental effects; alter neighborhood character; or adversely affect any other considerations of health, safety and welfare. No public hearing shall be required.
(3) If the waiver is granted, the lot line adjustment shall be subject to review and approval by the Planning Board. However, a resource analysis shall not be required, and the Planning Board may waive the public hearing provisions of §§
98-11 and
98-12 if it deems appropriate.
(4) Upon approval of an application for a lot line adjustment by the
Planning Board, the applicant shall submit an amended map with the
Town of Pleasant Valley and the Dutchess County Clerk within 60 days
of the approval date.
All parties concerned with a proposed subdivision of land will
benefit from a preapplication discussion at which the applicant must
present the following information:
A. Submission of resource analysis and conceptual discussion phase.
(1) Prior to, or in conjunction with, a submission of a sketch plan,
an applicant must submit a resource analysis and participate in a
discussion with the Planning Board to determine a conceptual plan
for the proposed subdivision. The submission shall include an identification
of the site's assets and liabilities. This will provide an opportunity
for the owner and public review bodies to discuss the appropriate
range of and intensity of development; the general locations intended
for development; areas planned to remain undeveloped; and general
access alignment. Prior to submission, the applicant should become
familiar with the Town's Comprehensive Plan, Subdivision Regulations,
Zoning Law, Greenway Connections, the Dutchess Land Conservancy's Planning and Siting Your
House: A Guidebook, and SEQR requirements in order to have a general
understanding of the process. The applicant should have also performed
an on-site assessment of the parcel(s).
(2) Preapplications for subdivision review shall be submitted to the
Planning Board in the number of copies as specified by the Board.
A filing fee as specified by Town subdivision fee schedule shall accompany
the application. There shall be no statutory time limit for the review
of the resource analysis, nor the need to make a determination of
whether the application is complete.
(3) At this stage, the applicant should present an analysis of the site,
its limitations and its opportunities. The applicant should therefore
be prepared to discuss possible subdivision concepts, based on what
is learned from the site's resource analysis.
(4) The preapplication process is required solely to assure that Town
development goals are recognized as they may apply to the site in
question. This should help expedite the process by getting the review
off to a cooperative start, before the applicant has made a substantial
investment in the application process.
(5) The resource analysis should contain the following information:
(a)
The proposed subdivision name or identifying title, and the
words "Town of Pleasant Valley, Dutchess County, New York."
(b)
The name of the property owner(s) and the authorized applicant,
if different from the property owner(s).
(c)
An aerial map at a scale of one inch equals 400 feet, showing
the location of the proposed subdivision parcel with respect to all
streets and property within 1,500 feet of the applicant's parcel and
superimposed with ten-foot contours, DEC wetlands, NWI wetlands, the
Town of Pleasant Valley wetlands and buffers, floodplains, streams,
water bodies, and public trails. (Note: This information is available
at the Town Hall; however, the applicant may also acquire this information
through various sources, including the Dutchess County Department
of Planning and Development, at a nominal cost.)
(d)
List of natural features known to exist on the parcel, including,
but not limited to, historic buildings, stone walls, rock outcrops,
significant trees and stands of trees, potential wildlife habitats
and viewsheds. This list is a preliminary step in identifying natural
features and is subject to modification and interpretation of the
reviewing bodies. The applicant should be prepared to locate these
features on the map.
(e)
An 8 1/2 by 11 soils map indicating if prime and/or statewide
important soils, as defined by the Soil Survey of Dutchess County
New York, exist on the property.
(f)
General subdivision information necessary to explain and/or
supplement the aerial map.
B. Study of resource analysis and conceptual plan. The Planning Board
shall discuss the proposed subdivision with the applicant. Together
they will determine how the subdivision can meet the objectives of
Town regulations. A resource analysis will be done for the entire
parcel, even if only a portion of the parcel is being developed. The
Planning Board shall consider the proposed building envelopes on the
site and their relation to one another, the natural constraints of
the land and to the provision of buffer areas and other open spaces
on the site, and the effects on the viewshed. To verify that all necessary
information is discussed and reviewed in this process, the applicant
and the Planning Board shall fill out Form A: Resource Analysis Assessment,
available from the Planning Board Secretary, and provide a copy to
the applicant upon completion. In its review, the Planning Board members
may schedule a field visit to the site, and this site walk may be
necessary before the assessment can be completed.
(1) The Planning Board will make recommendations for modification or
redesign to be incorporated by the applicant in the next submission
to the Planning Board and indicate to the applicant the priority resources
to be preserved. Any requirements of these regulations which the applicant
requests to be waived should be discussed at this time.
(2) The resource analysis and conceptual plan discussion 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. The resource analysis and conceptual discussion
allows the applicant to proceed with sketch plan application.
The preliminary plat submitted to the Planning Board shall show
or be accompanied by the following information, except where requirements
have been waived:
B. The name of the property owner(s) and the authorized applicant, if
different from the property owner(s).
C. Tax number of all parcels to be subdivided. A copy of the deed shall
be provided for all property being subdivided.
D. Location, bearings and distances of tract boundary.
E. A vicinity map sketched at a scale of one inch equals 2,000 feet,
indicating the relationship of the proposed subdivision to existing
community facilities which serve it, such as roads, schools, shopping,
and public trails. Such a map may be superimposed upon a United States
Geological Survey Map of the area.
F. Topography at a contour interval of not more than five feet, unless
waived by the Planning Board and referred to a datum satisfactory
to the Board.
G. The names and addresses of all adjoining property owners and others
within 500 feet, including property owners across the road from the
proposed development. If the proposed development would occur on property
within an agricultural district containing a farm operation or on
property with boundaries within 500 feet of a farm operation located
in an agricultural district, the applicant shall complete an agricultural
data statement, in accordance with NYS Agricultural Districts Law, which shall contain the name and address of the applicant,
a description of the proposed project and its location and the name
and address of all property owners within 500 feet of the boundary
of the property upon which the project is proposed.
H. Location, name and dimensions of existing streets, easements, deed
restrictions, zoning district boundaries, property lines, buildings,
parks and public properties.
I. Location of existing sewers, water mains, culverts and storm drains,
if any, including pipe sizes, grades and direction of flow.
J. Location of pertinent natural features such as watercourses, wetlands,
wetland buffers, floodplains, rock outcrops, stone walls, agricultural
district lands, contiguous forest, significant wildlife habitats and
migration areas, and single trees eight or more inches in diameter
(dbh).
K. Location, width and approximate grade of all proposed streets with
approximate elevations shown at the beginning and end of each street,
at street intersections and at all points where there is a decided
change in the slope or direction.
L. Proposed provision of water supply, fire protection, sanitary waste
disposal, stormwater drainage, street trees, streetlight fixtures,
street signs and sidewalks. Specific details shall be provided for
each provision, on separate detail sheets if needed, and a photometric
plan will be included if it is deemed necessary by the Planning Board.
M. Approximate shape, dimensions and area of all proposed or existing
lots, and suggested locations of buildings.
N. Conceptual future plans for the parcel, if any.
O. Approximate location and dimensions of all property proposed to be
reserved for park or public uses.
P. Easements of 100 feet along both sides of perennial streams, measured
from the edge of the watercourse, within which building activity,
major grading and/or placement of sewerage facilities shall be prohibited.
Q. Information on all county and state permits required for subdivision
plat approval.
R. Other approvals or permits required (Town, county, NYS, and federal).
S. A written statement of any requests for specific waivers of requirements
by the Planning Board.
T. Other data which must be available for consideration of the subdivision
at this stage.
The plat submitted to the Board shall show or be accompanied
by the following information:
B. A final plat clearly and legibly drawn on Mylar (or other approved
material of the Dutchess County Clerk's office), on uniform-size sheets
not larger than 36 inches by 48 inches or smaller than 24 inches by
36 inches, and at a scale of 100 feet to one inch. When more than
one sheet is required, an additional index sheet of the same size
shall be filed showing at a convenient scale the entire subdivision
with lot and block numbers clearly legible and sheets shall be numbered
"1 of _____," "2 of _____," etc.
C. Location, width and name of each proposed street and typical cross
sections showing street pavement and, where required, curbs, gutters
and sidewalks.
D. Lengths and deflection angles of all straight lines and radii; length,
central angles, chords and tangent distances of all curves for each
street proposed.
E. Profiles showing existing and proposed elevations along the center
line of all proposed streets and the elevations of existing streets
for a distance of 100 feet either side of their intersection with
a proposed street.
F. Present elevations of all proposed streets shown every 100 feet at
five points on a line at right angles to the center line of the street,
said elevation points being indicated at the center line of the street,
each property line and points 30 feet inside each property line (only
when required by the Board because of the existence of steep slopes).
G. Building or setback lines.
H. Location, size and invert elevations of existing and proposed stormwater
drains and sanitary sewers; the exact location of utilities and fire
hydrants.
I. Location of street trees, street lighting standards and street signs.
J. Areas of all lots in hundredths of an acre; lots numbers as directed
by the Town Assessor; the location, material and size of all permanent
monuments.
K. Accurate location of all property to be offered for dedication for
public use, with the purpose indicated thereon, and of all property
to be reserved by deed covenant for the common use of the property
owners of the subdivision.
L. Sufficient data, acceptable to the Superintendent, to readily determine
the location, bearing and length of all street, lot and boundary lines
and to reproduce such lines upon the ground.
M. Necessary agreements in connection with required easements or releases.
N. Necessary notations as to restrictions to future subdivision per §
82-22E(2).
O. Formal offers of cession to the Town of all streets and public parks.
P. Key map showing the location of the subdivision.
Q. Endorsement.
(1) Every subdivision plat submitted to the Board shall carry the following
endorsement:
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APPROVED BY RESOLUTION OF THE PLANNING BOARD OF THE TOWN OF
PLEASANT VALLEY, NEW YORK, ON THE _____ DAY OF YEAR _____ SUBJECT
TO ALL REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. ANY CHANGE,
ERASURE, MODIFICATION OR REVISION OF THIS PLAT AS APPROVED SHALL VOID
THIS APPROVAL. SIGNED THIS _____ DAY OF YEAR _____, BY _____, CHAIRPERSON.
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(2) This endorsement shall be located directly adjacent to the approval
space allowed for the Dutchess County Department of Health, in the
lower right-hand corner of the subdivision plat.
(3) The endorsements will include certification by a licensed engineer
or surveyor as to the accuracy of the survey and plat, as previously
specified in § 82-25C.