Any subdivider who proposes to develop a subdivision in the
Town of Rhinebeck shall submit plats and other documents for approval
as provided in this article.
A completed subdivision application form, receipt for payment of required application and escrow fees as specified by Article IV, § 101-4.7, of these regulations and Article XIV of the Zoning Law,[1] and 12 paper copies and, unless impracticable, one electronic
copy of the proposed subdivision plat certified by a licensed land
surveyor, bearing the Planning Board's assigned case number,
including individual stamp/signature blocks for the Town Planning
Board and the Dutchess County Health Department, and suitable for
filing in the Office of the County Clerk, shall be submitted. The
subdivision plat Mylar shall bear no erasures and shall be of a sheet
size not exceeding 36 inches by 42 inches.
An area map showing the location of that portion of the tract
which is to be subdivided in relation to the entire tract, and showing
the distance to the nearest street intersection. The drawing of the
entire tract may be either deed plot or actual survey.
An actual field survey of the boundary lines of the tract, or portion thereof, being subdivided, giving complete description data by bearings and distance, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by monuments as approved by the Planning Board, and shall be referenced and shown on the plat. The Planning Board may modify the requirement for a full field survey pursuant to Article X, § 101-10.2, of these regulations.
Information concerning portions of the land within the subdivision
subject to periodic inundation by floodwaters or in a wetland subject
to the jurisdiction of the Town of Rhinebeck, New York State Department
of Environmental Conservation, and/or United States Army Corps of
Engineers.
Documentation regarding all easements, existing or proposed,
which either affect, or are intended to affect, any portion of the
subdivision plat, including conservation easements on adjoining lands
that have been filed with the Dutchess County Clerk or for which there
are plans available for such adjoining lands which include proposed
conservation easements.
All on-site sanitation and water supply facilities shall be
designed to meet the minimum specifications of the Dutchess County
Department of Health. Evidence of contact with the Health Department
shall be presented at the time of application and a specific note
regarding this requirement shall be stated on the plat. Written endorsement
of the subdivision plat by the Dutchess County Health Department must
precede final stamping and signature by the Planning Board.
If the application involves either resubdivision or lot consolidation,
a copy of the filed map(s) depicting the parcel or parcels proposed
for resubdivision or lot consolidation.
Information from the habitat assessment required by Article V, § 125-59, of the Zoning Law and New York State Natural Heritage Program concerning species of conservation concern within or in the vicinity of the parcel(s) proposed for subdivision.
Information concerning resources of architectural, historic
or archaeological significance within or in the vicinity of the parcel(s)
proposed for subdivision.
If the subdivision parcel(s) lies partially, wholly or within
500 feet of either a certified agricultural district or land for which
an individual commitment has been received pursuant to §§ 305
and 306 of the Agriculture and Markets Law of the State of New York,
an agricultural data statement in a form prescribed by the Planning
Board.
If the subdivision lies within the Town's Local Waterfront
Revitalization Area, a coastal assessment form in a manner prescribed
by the Planning Board.
If applicable to the proposed subdivision, a stormwater pollution prevention plan (SWPPP) pursuant to New York State and EPA Phase II Stormwater Regulations and the Town Zoning Law, Article V, § 125-60, and consistent with the submission requirements and the performance and design criteria and standards set forth therein.
Copies of any related permit applications required for approval
of the subdivision, e.g., a state wetlands permit, a Town wetlands
permit, a state DOT or Dutchess County Department of Public Works
access permit.
Any additional requirements deemed necessary by the Planning
Board due to the unique circumstances of the subdivision plat, including
the submission of additional data more typically required for a major
subdivision plat.
The sketch plan initially submitted to the Planning Board shall
be based on Tax Map information or some similarly accurate base map
at a scale of not less than 100 feet to an inch. The entire sketch
plan shall be shown on one sheet not exceeding 36 inches by 42 inches
and, unless impracticable, provided in electronic form.
A vicinity or area map showing the location of that portion
of the tract which is to be subdivided in relation to the entire tract,
to community facilities which serve it (such as schools, roads, shopping
and public trails) and the distance to the nearest street intersection.
All streets shall also be shown within 500 feet of the applicant's
property.
All existing structures, prime agricultural and statewide significant
soils, agricultural district lands (within 500 feet of the property),
wooded areas, wetlands, streams and other significant physical features,
including rock outcrops, stone walls and other man-made features within
the portion of the tract to be subdivided and within 200 feet thereof.
Topographic contours shall also be indicated at intervals of not more
than 10 feet. All elevations are to be referred to USGS datum, with
location and description of benchmark included.
The name of the owner and of all adjoining property owners,
and others within 200 feet, as disclosed by the most recent Town assessment
records. Property owners across the street shall also be shown.
The proposed pattern and number of lots (including approximate
lot areas, widths and depths), street layout, recreation areas, and
systems of drainage, sewerage and water supply within the subdivided
area.
Delineation of all portions of the land within the subdivision
subject to periodic inundation or flooding by stormwater, or including
all wetlands, whether regulated by the Town, state or federal governments.
As may be applicable, a conceptual engineering report discussing
the demands of the proposed subdivision on water, sewer, drainage,
highways and related systems, and discussing the methods through which
these demands may be accommodated and the methods through which any
potentially adverse impacts may be mitigated, including discussion
of alternatives as may be appropriate.
Information from the habitat assessment required by Article V, § 125-59, of the Zoning Law and New York State Natural Heritage Program concerning species of conservation concern within or in the vicinity of the parcel(s) proposed for subdivision.
Information concerning resources of architectural, historic
or archaeological significance within or in the vicinity of the parcel(s)
proposed for subdivision.
A full environmental assessment form (EAF), as required by the
SEQR regulations. The visual EAF addendum may be required if the parcel
is located within a scenic district or on a designated scenic road
or designated critical environmental area (CEA).
A completed subdivision application form, receipt for payment of required application fees as specified in Article IV, § 101-4.5, of these regulations, and 10 copies of the preliminary plat certified to by a licensed land surveyor and a professional engineer, as required by law, at a scale of not more than 100 but preferably not less than 50 feet to an inch, shall be submitted. The preliminary plat sheet size shall not exceed 36 inches by 42 inches.
An actual field survey of the boundary lines of
the tract, or portion thereof, to be subdivided, giving complete descriptive
data by bearing and distances, made and certified by a licensed land
surveyor. The corners of the tract shall also be located on the ground
and marked by monuments of such size and type as approved by the Town
Planning Board, and shall be referenced and shown on the plat;
Street rights-of-way in the subdivision and within
200 feet of its boundaries, including name and right-of-way width
and location; type, width and elevation of surface; and any legally
established center-line elevations, including those at intersections
and other critical points;
Drainage structures on the subdivision and within
200 feet of its boundaries, including type of structure and location,
invert elevations, gradients, types and sizes of all pipe and all
other drainage structures where applicable, including direction of
flow;
Location and size or capacity of all other utility
structures, such as sewer, water, gas mains and power lines in the
subdivision and within 200 feet of its boundaries;
As contours affect proposed improvements or existing
improvements that will be utilized, ground elevations on the tract
shall be based on a datum plane approved by the designated Town Engineer.
For land with slope that is less than approximately 2%, spot elevations
should be shown at all breaks in grade, along all drainage channels
or swales and at selected points not more than 100 feet apart in all
directions; for land that slopes more than 2%, contours should be
shown at intervals of not more than two feet or as required by the
Planning Board;
Wetlands, ponds, streams and all land subject to
periodic or occasional flooding, or similar unstable condition, on
the subdivision and within 200 feet of its boundaries. Location, approximate
land area, high water level based on the one-hundred-year storm, and
maximum depth of water at critical points shall be indicated;
Location of rock outcrops, wooded areas, stands
of trees and significant preservable trees, structures, stone walls
and other significant existing features for the proposed subdivision
area and within 200 feet thereof;
If the proposed subdivision will not be served
by common sewage disposal, subsurface data in accordance with Dutchess
County Health Department requirements, including date, location and
graphic representation of findings for all test holes, including location
and results of percolation and other tests to ascertain subsurface
soil, rock and groundwater conditions, and depth or groundwater unless
pits are dry at a depth of five feet.
The width and location of any streets or public
ways or places shown on the Official Town Map, within the area to
be subdivided, together with street profiles of all streets or public
ways proposed by the subdivider;
Plans and cross-sections showing, as applicable,
the proposed location and type of pedestrian ways, bicycle ways, streetlighting
standards, street trees, curbs, water mains, sanitary sewers and storm
drains, and the size and type thereof, the character, width and depth
of pavements and subbase, the location of manholes, basins and underground
conduits; and
Designation of areas or rights-of-way which are
to be offered for public dedication or deeded to homeowners'
associations or other private corporations, with clear indication
of proposed changes in grades and landscaping thereon. The Planning
Board may require special recreational improvements and planting of
trees, shrubs, grass, and other landscaping in all areas to be so
dedicated.
Where the topography is such as to make difficult
the inclusion of any of the required facilities and improvements within
the public areas as laid out, the preliminary plat shall show the
boundaries or proposed permanent easements over or under private property.
Drainage structures shall be shown on the preliminary
plat indicating the approximate location and size of proposed lines
and culverts and their profiles, including connection to existing
stormwater management systems or alternate means of disposal; and
Outline of watersheds tributary to drainage structures
and their approximate area in acres, including those which extend
beyond the boundaries of the subdivision.
If public or other common facilities are available
or to be provided, the approximate location, size and profiles or
all proposed water lines, valves, hydrants and sewer lines, including
connection to existing facilities as required and provided in the
Public Health Law.
A copy of all covenants, deed restrictions or conservation
easements which either presently affect, or are intended to apply
to, all or part of the tract.
A copy of all conservation easements on adjoining
lands that have been filed with the Dutchess County Clerk or for which
there are plans available for such adjoining lands which include proposed
conservation easements.
Temporary stakes or markers. The Planning Board
may require the location of temporary stakes or markers adequate to
enable the Planning Board to locate readily and appraise the basic
layout in the field, including markers at the corners of the tract.
Unless the subdivision is adjacent to an existing street intersection,
the distance along a street from one corner of the property to the
nearest existing street intersection shall be shown.
Preliminary engineering report detailing the demands of the
proposed subdivision on water, sewer, drainage, streets and related
systems, and detailing the methods through which these demands shall
be accommodated and the methods, including available alternatives,
through which any potentially adverse impacts shall be mitigated.
Preliminary engineering calculations of "cut" and "fill" shall be
provided, including an estimate of material to be imported to and
exported from the subdivision in undertaking subdivision improvements,
including installing sanitary sewage facilities, and grading roads,
drainage facilities and building sites on each of the proposed lots.
If the subdivision parcel(s) lies partially, wholly or within
500 feet of either a certified agricultural district or land for which
an individual commitment has been received pursuant to §§ 305
and 306 of the Agriculture and Markets Law of the State of New York,
an agricultural data statement in a form prescribed by the Planning
Board.
If the subdivision lies within the Town's Local Waterfront
Revitalization Area, a coastal assessment form in a manner prescribed
by the Planning Board.
If applicable to the proposed subdivision, a preliminary stormwater pollution prevention plan (SWPPP) pursuant to New York State and EPA Phase II Stormwater Regulations and the Town Zoning Law, Article V, § 125-60, and consistent with the submission requirements and the performance and design criteria and standards set forth therein.
If applicable, all documentation necessary for the Planning
Board to make a consistency determination under the Town's Local
Waterfront Revitalization Program.[2] The Planning Board will consult with the Waterfront Advisory
Committee (WAC) in its review of the subdivision plat and will make
such consistency determination prior to preliminary plat approval.
Information regarding the status of all applications for county
and state permits which may be required; e.g., a state wetlands permit,
Town wetlands permit, a state protected stream crossing or stream
disturbance permit, or a state DOT or Dutchess County DPW access or
work permit.
A completed subdivision application form, receipt for payment of required application fees and escrow deposits, as specified by Article IV, § 101-4.4, of these regulations and by Article XIV of the Zoning Law,[1] a reproducible Mylar and 12 paper copies and, unless impracticable,
one electronic copy of the final plat certified by both a licensed
land surveyor and a professional engineer, as required by law, at
a scale of not more than 100 feet but preferably not less than 50
feet to an inch, shall be submitted. The final plat shall bear the
Planning Board's assigned case number, include individual stamp/signature
blocks for the Town Planning Board and the Dutchess County Health
Department, and be suitable for filing in the Office of the County
Clerk. The final plat Mylar shall bear no erasures and shall be of
a sheet size not exceeding 36 inches by 42 inches.
Lot areas for each lot measured accurately to the
nearest 100 square feet for lots of one acre or less, and to the nearest
1/10 acre for lots greater than one acre.
Survey tie-in accurate bearings and distances to
nearest established street monuments or other official monuments,
which are within reasonable distance of the property. When referenced
to the State System of Plane Coordinates, they shall also conform
to the requirements of the New York State Department of Transportation.
They shall be placed as required by the designated Town Engineer and
their location noted and referenced upon the plat;
The length of all straight lines, the deflection
angles, radii, length of curves and central angles of all curves,
tangent distances and tangent bearings for each street; and
Monuments or other suitable markers shall be of
a type approved by the Town Engineer and shall be set at all corners
and angle points of the boundaries of the original tract to be subdivided;
and at all street intersections, angle points in street lines, points
of curve and such intermediate points as may be required by the Planning
Board, these Subdivision Regulations and/or the Town highway specifications.
The amount of all performance guarantees and conduct
of all required inspections shall be based on these drawings, the
final plat itself, these Subdivision Regulations and other applicable
Town specifications for such required improvements and utilities.
Unless a specific waiver is requested and granted
in writing by the Planning Board, the proposed improvements and utilities
shall be considered to comply specifically with these Subdivision
Regulations and the other applicable Town specifications for such
improvements and utilities.
Basic drawing layout requirements are the same
as those required for the preliminary plat and shall also include
rights-of-way, gradients, and directional arrows downhill.
Complete drainage system for the entire subdivision,
with appropriate development staging for each of the final plat section,
shown graphically and related to all existing drainage features.
Typical lot layout indicting location of individual
system, where appropriate, with reference to house and water supply,
and detailed drawing of proposed sanitary waste disposal system.
Drawings shall be prepared with a horizontal scale
of one inch equals 50 feet and a vertical scale of one equals 10 feet,
unless otherwise approved by the Planning Board.
All profiles shall show the existing natural grades,
the typical cross-section of existing or proposed roads, the center
lines of intersecting roads and a system of survey stations.
The invert profile and location of all storm and
sanitary drainage structures (manholes, catch basins, etc.) in street
rights-of-way, drainage or other easements.
Recreation and community improvements. Landscape
plans prepared by a registered landscape architect, architect or professional
engineer indicating proposed changes in existing grades and landscaping,
including the following items: play areas, walkways, incidental shelters,
lighting, walls, new trees and shrubs (location, caliper and botanical
name), and other required improvements.
A final stormwater pollution prevention plan (SWPPP), including pertinent certifications, pursuant to New York State and EPA Phase II Stormwater Regulations and the Town Zoning Law, Article V, § 125-60, and consistent with the submission requirements and the performance and design criteria and standards set forth therein.
Final engineering calculations of "cut" and "fill"
and estimate of the amount of material to be imported to and exported
from the subdivision in undertaking required subdivision improvements,
installing sanitary sewage facilities and grading building sites on
each of the proposed lots.
A pre-paid title insurance policy insuring to the
Town the fee to the lands in any situation where any offer of dedication
of easements, rights-of-way and/or improvements is being made to the
Town or other municipal entity.
Performance guarantee executed by the developer,
secured by either a surety bond or letter of credit guaranteeing performance
of the construction and maintenance obligations set forth within this
chapter. If the developer is a corporation or a limited-liability
corporation, a principal of the corporation shall personally guarantee
the obligations in terms of those miscellaneous items such as proper
execution of deeds and easements that cannot necessarily be resolved
with money.
Either documentation of the establishment of a
discrete special stormwater management district for the subdivision
or incorporation of the subdivision within an existing stormwater
management district by the Town Board or, in the event the stormwater
control facilities within the subdivision are to be privately owned,
a stormwater control maintenance agreement executed by the Town and
developer.
Maintenance agreement executed by the developer
guaranteeing the installation and operation of the stormwater management
facilities for a period of up to five years, depending on the nature
and type of facilities proposed.
Deeds executed by the developer for roads, easements
and other proposed dedications to the Town or other public or private,
nonprofit agency of a fee or lesser interest to the lands and improvements
within the subdivision.
Environmental resource protection notes conspicuously
set forth on the subdivision plat as may either be required pursuant
to state regulation or otherwise required by the Planning Board during
the subdivision plat review and approval process to call attention
to the presence of protected environmental resource features, including
but not limited to farm lands and associated agricultural practices
protected under the New York State Agriculture and Markets Law, protected
streams, designated NYSDEC wetlands and federal jurisdictional wetlands,
public parklands, and historic and/or archaeological sites either
within the subdivision or either directly or substantially adjacent
to the subdivision.
Legal mechanisms, including conservation easement
documents, covenants or restrictions, to ensure long-term protection
of any open space or conservation areas.
Certification of title showing that the applicant
is the owner or duly authorized agent of the owner. The applicant
shall provide evidence of title insurance in the amount of not less
than the cost of lands to be dedicated as shown and approved on the
final plat.
Written offers of cession to the Town for all proposed
public streets, rights-of-way, easements and open spaces shown on
the subdivision plat and copies of agreements or other documents showing
the manner in which open spaces, title of which is reserved by the
subdivider, are to be maintained. All offers of cession and covenants
governing the maintenance of unceded open space shall bear the certificate
of approval of the Town Attorney as to their legal sufficiency.
All or part of the improvements have been installed
in accordance with the requirements of these regulations and with
the action of the Planning Board granting approval of the preliminary
plat; or
A performance bond or equivalent security has been
posted available to the Town in sufficient amount to assure completions
of all required improvements.
Letters directed to the Chair of the Planning Board
and signed by a responsible official or any governmental authority
or district which must provide necessary utility service, approving
the utility installation design and assuring that adequate service
will be available to accommodate the needs of the subdivision. Assurance
shall also be provided that the long-term ownership and maintenance
of the utilities shall be provided in accordance with Article 12 of
the Town Law, or similarly acceptable mechanism.
Letter, in appropriate cases, directed to the Chair
of the Planning Board, signed by a responsible official of the State
Department of Transportation or the Dutchess County Department of
Public Works, approving proposed construction and access on state
or county rights-of-way, respectively. If access or construction affects
a Town highway, approval of the Town Highway Superintendent shall
be similarly required.
To the extent required by the Public Health Law
and the Dutchess County Sanitary Code, endorsement and approval by
the Dutchess County Health Department for the plans for all water
supply and sewage disposal facilities shown on the final plat.
A memorandum and copies of related documentation
establishing specific compliance with each of the conditions stated
within the preliminary plat approval resolution, including a copy
of all necessary permits from county or state agencies which may be
required due to the particular circumstances of the subdivision and
the nature and location of the intended improvements.
Statements made and signed by the owner granting
all necessary easements or other releases where required for the installation
and maintenance of public improvements.