After the initial conference, the preparation of a preliminary
plat and construction plans for the proposed subdivision should be
undertaken in accordance with the following procedures:
A. Discussion with County Health Department. Before preparing the preliminary
plat, the applicant should discuss the proposed subdivision with the
County Health Department, which must eventually approve any final
subdivision plat. Particular attention should be paid to the area,
grade and type of soil of proposed building sites, the proper amount
of land area for private sewage disposal facilities and water supply
and the proper drainage of stormwater.
B. 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 Article
VI of this chapter.
(1) Preliminary plat (see §
132-40): four copies at a scale not less than one inch equals 100 feet.
(2) Topographic map (see §
132-41): four copies at the same scale as the preliminary plat.
(3) Map of contiguous holdings (see §
132-42): three copies at a scale not less than one inch equals 200 feet.
(4) Preliminary construction plans and profiles (see §
132-43): four copies at a scale not less than one inch equals 100 feet.
C. 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) Stakes shall be placed 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
markings to conform to the plans as presented and shall be so placed
as to extend at least 30 inches above the ground surface. Inasmuch
as these stakes are not permanent, a tolerance of up to one foot from
the 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 subsection 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.
D. Application for preliminary approval. Upon completion of the above
steps, the application for the approval of the preliminary plat may
be submitted either to the Planning Board Secretary in advance of
a scheduled Board meeting or to the Planning Board at a scheduled
public meeting. Such application shall:
(1) Be made in duplicate on the application form illustrated at the end
of this chapter, copies of which are available from the office of
the Town Clerk, and be accompanied by an application fee, payable
to the Town of Fishkill, in accordance with the current fee schedule.
(2) 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 as to the submission of the preliminary plat must accompany
the application.
(3) Comply in all respects with Article
V of this chapter, except where a modification may be specifically authorized by the Planning Board pursuant to §
132-6,
132-17 or
132-20, and with the provisions of §§ 276 and 277 of the Town Law.
(4) Be accompanied by the required number of copies of each of the maps listed in §
132-12B.
(5) Be accompanied by a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Fishkill Town Code Chapter
130. The SWPPP shall meet the performance and design criteria and standards in Chapter
130, Article
V. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter
130.
[Added 11-10-2007 by L.L. No. 9-2007]
E. 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.
F. Study of plat. The Planning Board will study the practicability of
the preliminary plat, taking into consideration the requirements of
the community and the best use of the lands being subdivided. Particular
attention will be given to the arrangement, location and width of
streets, their relation to the topography of the land, drainage, lot
sizes and arrangements, water supply and sewage disposal, the existing
or future development of adjoining land and the requirements of the
Town Development Plan and Official Map.
(1) As required by §
114-3 of the Code of the Town of Fishkill, within 10 business days following the applicant's first appearance before the Planning Board, the applicant shall forward a letter prepared by the Planning Board or an authorized agent of the Planning Board to all property owners within 500 feet of the land involved in the application, as the names of such owners appear on the last completed assessment roll of the Town, notifying the property owners of the receipt of the plan and application, by first class mail. The list of property owners shall be obtained by the applicant from the Town's Assessor. The applicant shall thereafter submit a duly executed, notarized affidavit of mailing to the Planning Board. Further appearances before the Planning Board shall be prohibited until an affidavit meeting the requirements has been delivered. In the event a modification to an application proposes a change in the use initially proposed, an increase in the number of buildings or an increase of more than 10% in the height or footprint of a proposed building or structure, other than an accessory building or structure, then a supplementary letter shall be required to be forwarded in the same manner advising of the modification.
[Added 4-15-2015 by L.L.
No. 1-2015]
G. Scheduling of public hearing.
[Amended 4-1-1985; 4-15-2015 by L.L. No. 1-2015]
(1) Upon receipt of the completed application and all accompanying material,
the Planning Board shall call a public hearing to be held within 45
days of the date of submission. As a general rule, this hearing will
be held at the next scheduled meeting of the Planning Board occurring
14 or more days after the application is submitted, so as to allow
adequate time for the giving of official notice.
(2) Notice of such public hearing shall be posted, published and mailed as required by Chapter
114 before said hearing is held. Copies of the preliminary plat and construction plans shall be on file for public review at least five days prior to the public hearing. The Town Clerk shall also mail a copy of the public notice and a copy of the preliminary plat to the County Planning Board where notice to such Board is required by law and to the Clerk of any abutting municipality where the land to be subdivided is within 500 feet of such municipality, each to be received at least 10 days prior to the date of the public hearing.
[Amended 4-3-2019 by L.L.
No. 1-2019]
H. Public hearing and resolution approving or disapproving the subdivision.
The applicant and/or his representative must attend the public hearing.
At the hearing, the Planning Board will give an opportunity to any
interested person to examine or comment upon the preliminary plat
and construction plans. Within 62 days of the public hearing, the
Planning Board will approve, with or without conditions, or disapprove
the preliminary subdivision proposal by resolution, which will set
forth in detail any conditions to which the approval is subject, or
reasons for disapproval, pursuant to § 276 of the Town Law.
A copy of the resolution shall be mailed by the Planning Board Secretary
to the applicant as soon as possible following the Board's decision.
The time within which the Planning Board must act on the preliminary
plat may be extended by mutual consent of the applicant and the Board.
[Amended 12-5-2001 by L.L. No. 10-2001]
I. Expiration of approval. Approval of 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 by the Planning Board.