A.
Approval required.
(1)
Whenever any subdivision of land in the Town of Pine Plains is proposed, before any contract is made for the sale of any part thereof and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner or designated representative shall apply for and secure approval of such proposed subdivision in accordance with these procedures. Where applicable, subdivision applications shall comply with the requirements for conservation subdivisions set forth in Subsection E below and Article VII of the Zoning Law.
(2)
In addition to subdivision approval, a proposed development may also
be subject to site plan and special use permit approval as set forth
in the Zoning Law. Special use permit and site plan review may occur
concurrently with subdivision application review.
B.
Subdivision of a lot with preexisting use(s) or buildings. Where
a new lot is created from a lot already occupied by a building, such
subdivision shall be effected in such manner as to conform to all
of the requirements of the Zoning Law with respect to the existing
building and lot coverage, all yards and other required spaces in
connection therewith, and no permit shall be issued for the establishment
of a land use or the erection of a building on the new lot thus created
unless it complies with all provisions of the Zoning Law or a variance
is obtained from the Town Zoning Board of Appeals. This provision
of these subdivision regulations may not be waived by the Planning
Board.
C.
Electronic format. Due care in the preparation of maps and other
required information will expedite the process of obtaining the Planning
Board's decision. Whenever possible, maps and other documents should
also be submitted in electronic format, in addition to that otherwise
specified, in order to facilitate distribution, reproduction and storage
of documents.
D.
Site alterations. During the subdivision review, no site disturbance
in furtherance of the improvements proposed and/or required for the
subdivision shall take place, such as road construction or grading,
except that which is directly related to obtaining required approvals
(e.g., surveying, test pits, and the location of stakes), that would
alter, remove or relocate any existing features, including, but not
limited to, stone walls, steep slopes, rock outcroppings, trees, general
vegetation, streams, and watercourses. This subsection shall not apply
to continuing use of legally established improvements or uses on the
subject property.
E.
Conservation subdivisions.
(1)
In accordance with the provisions of § 278 of the New York
State Town Law, the Town Board hereby authorizes the Planning Board
to approve a conservation subdivision simultaneously with the approval
of a plan or plans. As set forth in the Zoning Law, a cluster development
as authorized by New York State Town Law is referred to herein as
a "conservation subdivision." The purpose of a conservation subdivision
is to enable and encourage flexibility of design and development of
land in such a manner as to preserve the natural and scenic qualities
of open lands.
(2)
Standards and procedures. Article VII of the Zoning Law sets forth
the procedures for the review and approval of a conservation subdivision.
Those procedures are in addition to, or otherwise supersede, the provisions
set forth in these subdivision regulations. The Planning Board is
not authorized to waive the requirements applicable to conservation
subdivisions unless a waiver is explicitly allowed under Article VII
of the Zoning Law. The following table sets forth the type of subdivision
layout permitted in each zoning district as established by the Town
Zoning Law:
|
Type of Subdivision Allowed
| ||||
|---|---|---|---|---|
|
Zoning District
|
Type of Subdivision (2)
|
Conventional
|
Conservation
|
Recommended Design*
|
|
R and WP
|
Major - 30 or more lots
|
—
|
▪
|
Traditional neighborhood hamlet
|
|
Major - 15 to 29 lots
|
—
|
▪
|
Rural hamlet
| |
|
Major - 5 to 14 lots
|
□
|
▪
|
Rural cluster
| |
|
Minor - 2 to 4 lots
|
▪
|
▪
|
Rural cluster
| |
|
AG-O
|
Major - 30 or more lots
|
—
|
▪
|
Traditional neighborhood hamlet
|
|
Major - 15 to 29 lots
|
—
|
▪
|
Rural hamlet
| |
|
Major - 5 to 14 lots
|
—
|
▪
|
Rural hamlet
| |
|
Minor - 2 to 4 lots (1)
|
▪
|
▪
|
Rural cluster
| |
|
Hamlet Districts
|
Major - 5 or more lots
|
▪
|
▪
|
To be determined by PB
|
|
Minor - 2 to 4 lots
|
▪
|
▪
|
Rural cluster
| |
|
NOTES:
| ||
|---|---|---|
|
▪
|
=
|
Permitted by right with subdivision approval.
|
|
□
|
=
|
The Planning Board may permit this type of subdivision, subject to waiver findings as per § 275-31F of the Zoning Law.
|
|
—
|
=
|
Conservation subdivision design is required.
|
|
(1)
|
=
|
The Planning Board may require a minor subdivision to be designed
as a conservation subdivision where it finds that a conventional subdivision
would have an impact on the preservation of agricultural resources.
|
|
(2)
|
=
|
No more than four lots may be subdivided in the form of a conventional subdivision from any "parent" parcel lawfully in existence on the effective date of the Zoning Law. Any subsequent subdivision of land shall be designed as a conservation subdivision and adhere to the requirements of § 275-31G of the Zoning Law.
|
|
*
|
Appendix A of these subdivision regulations sets forth the design
guidelines for conservation subdivisions.[1]
| |
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3)
Where up to four lots have been subdivided from a parent parcel, i.e., a parcel in existence on the effective date of the Town Zoning Law, any subsequent subdivision of the remainder of the parent parcel shall be subject to the requirements set forth in § 275-31G(2) of the Town Zoning Law.
(4)
Appendix A of these subdivision regulations sets forth additional
design guidelines for conservation subdivisions.[2]
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
F.
[3]Subdivision of a preexisting lot. In the Rural and Wellhead Protection Zoning Districts, a lot lawfully in existence on the effective date of the Town Zoning Law that is less than the net lot area required for the applicable zoning district may be subdivided in accordance with § 275-33, Subdivision of preexisting lots, of the Zoning Law. The subdivision shall be processed as a minor subdivision.
G.
Density credit for resubdivision of existing lots of record. Lawfully existing lots of record may be resubdivided to encourage the elimination of lots of record which are made nonconforming as a result of the enactment of the Town Zoning Law in accordance with § 275-34 therein. The subdivision shall be processed as either a minor or major subdivision based on the number of lots to be resubdivided.
H.
Affordable housing. Any subdivision plan application that proposes 10 or more residential lots or dwellings or combination thereof shall be required to set aside 10% of the total number of lots/dwellings for "moderate-income households" as that term is defined in the Town Zoning Law. Section 275-23 of the Zoning Law regulates an applicant's obligation to provide affordable housing.
I.
Planning Board site inspection during application review. The filing
of any application regulated by these subdivision regulations shall
be deemed to be a grant of authority by the property owner/applicant
to the Planning Board and its consultants to conduct one or more site
inspections of the property after notice is provided to the applicant.
A.
Authority. As set forth in Article XIV of the Pine Plains Zoning Law, the Zoning Enforcement Officer (ZEO) shall first receive any application regulated by these subdivision regulations, including any application for a lot line adjustment, natural subdivision, minor subdivision and/or major subdivision. An applicant may appear before the Zoning Enforcement Officer to request an initial determination with regard to the type of application required to be submitted in conjunction with these regulations.
B.
Informal presentation. The ZEO may recommend to the potential applicant
that he or she appear before the Planning Board to discuss the nature
of any proposed activity, in order to further clarify the type of
application that must be formally submitted. Nothing herein limits
the applicant's ability to request an informal appearance before the
Planning Board in the absence of the ZEO's recommendation. The potential
applicant shall receive a copy of the Habitat Awareness Form and the
Priority Habitat Types, Key Functions and Conservation Recommendations
Form, as those forms may be amended from time to time, and refer to
the Hudson Ltd. habitat map showing habitats prevalent on the subject
property. A copy of the Significant Habitats of Pine Plains report
prepared by Hudsonia Ltd. and describing significant ecological habitats
shall be kept in the ZEO's office for reference purposes. The potential
applicant is encouraged to review the report prior to submitting a
formal application to the Planning Board.
C.
Type of application to be submitted.
(1)
The ZEO shall advise the applicant as to the type of application
form to be submitted initially to the Planning Board, which may be
one of the following:
(2)
The ZEO shall also make a preliminary determination as to whether
submission of a conservation subdivision is required. However, the
Planning Board, during sketch plan review, must determine whether
a conservation subdivision shall be required for the following specific
types of subdivisions:
(3)
The ZEO shall determine if the property to be subdivided was previously subdivided and, if so, how many lots have been subdivided from the parent parcel subsequent to the effective date of the Town Zoning Law. No more than four lots may be subdivided in the form of a conventional subdivision from any "parent" parcel lawfully in existence on the effective date of the Town Zoning Law. Any subsequent subdivision of such parcel shall be designed as a conservation subdivision and adhere to the requirements of § 275-31G of the Town Zoning Law.
D.
Submission of application to the Planning Board. The Zoning Enforcement Officer shall review any application regulated by these subdivision regulations and shall determine if it is complete. For purposes of this subsection, "complete" shall be deemed to be a determination that the information and data, as specified on the application, have been submitted in order to forward the application to the Planning Board for its review. The Planning Board shall make a separate determination with regard to whether an application is determined to be complete as required by § 276 of New York State Town Law, and as that term is defined in Article V of these regulations.
E.
Variance required.
(1)
In the event the ZEO finds that the application does not comply in one or more respects with the provisions of the Zoning Law, the application shall be denied by the ZEO, with leave to appeal the ZEO's determination to the Zoning Board of Appeals in accordance with the provisions of Article XV of the Zoning Law.
(2)
If, during the course of its review, the Planning Board determines
that a plan contains one or more lots that do not comply with the
Zoning Law, an application may be made by the applicant to the Zoning
Board of Appeals for an area variance pursuant to § 277
of the New York State Town Law without the necessity of a decision
or determination of the ZEO.
(3)
In reviewing any variance request associated with a subdivision application,
the Zoning Board of Appeals shall request the Planning Board to provide
a written recommendation concerning the proposed variance. The Planning
Board shall provide its written recommendation to the Zoning Board
of Appeals within 45 days of the date of its clerk's receipt of the
request for recommendation from the ZBA, and if the Planning Board
shall fail to do so, the ZBA shall be permitted to take action on
the variance request without the Planning Board's recommendation.
A.
Lot line adjustments.
(1)
The following information shall be submitted:
(a)
A title block identifying the map as a "Lot Line Adjustment"
and containing the name and address of the owner or owners of the
lots involved in the lot line adjustment and "Town of Pine Plains,
Dutchess County" in the title block.
(b)
The Tax Map section, block and lot number(s) of the properties
involved. The zoning district(s) in which the properties are located
and the bulk regulations applicable to same shall be indicated on
the plan. Preexisting nonconforming conditions shall be noted on the
plan.
(c)
A location map of the properties at a scale of 2,000 feet to
the inch.
(d)
All existing restrictions on the use of land, including, but
not limited to, easements, covenants, zoning district lines, or street
lines.
(e)
The location of all existing structures, including principal
and accessory buildings and structures. Known or reputed locations
of all existing wells and septic systems shall be shown. Driveways
and access to the lots shall be shown.
(f)
A completed short environmental assessment form.
(g)
Certification of title verifying ownership of the concerned
parcel. A copy of the property deed shall be submitted.
(h)
Proposed lot lines to be removed and lot lines to be added shall
be shown and clearly labeled on the map.
(i)
The Planning Board may require additional information to be
submitted as it deems necessary for adequate review.
(2)
A lot line adjustment is permitted for lots with preexisting nonconformities related to lot size, setbacks, or other bulk requirements applicable to the zoning district in which the subject properties are located and an area variance from the Zoning Board of Appeals shall not be required, provided the degree of nonconformity is not increased or a new nonconformity is not created. A lot line adjustment shall not create any new lot and shall not impede the maintenance of existing or future access or utility service to any lot that is the subject of a lot line adjustment. If the Planning Board cannot make such a finding, it shall process the application as a minor subdivision under the procedures set forth in § 230-9 herein.
(3)
If the Planning Board finds that the application meets the requirements for a lot line adjustment as per the requirements of Subsection A(2) above, the subdivider shall submit a final map prepared by a licensed surveyor which depicts the original lot line as "lot line to be deleted" and the proposed lot line as "new lot line" and a metes-and-bounds survey of the new lots. The Planning Board may approve the lot line adjustment and complete a lot line adjustment certificate which authorizes filing of the approved map. No public hearing is required, but the Planning Board may, at its option, conduct a public hearing prior to taking action on the lot line adjustment.
(4)
To ensure that the parcel or parcels receiving additional acreage
as a result of the lot line adjustment do not result in the creation
of a new lot, the Planning Board shall require the additional acreage
to be merged with the existing acreage of each such receiving parcel
by merger deed(s). The merger deed, and all documents required to
file the merger deed(s) in the office of the Dutchess County Clerk,
shall be reviewed and approved by the Town Attorney. The merger deed(s),
supporting filing documentation, and the required filing fees shall
be submitted to the Town Attorney to be held in escrow and filed by
the Town Attorney after approval of the lot line adjustment and filing
of the map in the office of the Dutchess County Clerk. In addition,
appropriate notations shall be placed upon the final map clearly indicating
that no new lot has been created as a result of the lot line adjustment
and that one or more merger deeds are required.
B.
Natural subdivisions.
(1)
Where a subdivider desires to split a parcel of land that is described
as one parcel on a recorded deed but which is bisected by a public
right-of-way, the application may be processed in accordance with
the provisions herein, subject to the following:
(a)
The Planning Board shall determine whether or not the action
qualifies as a natural subdivision.
(b)
The property must be divided by a deeded public utility right-of-way,
a state highway or other deeded highway and not by a highway by use
as that term is defined herein and by § 189 of the Highway
Law.
(d)
Each lot created by the natural subdivision shall meet applicable
Health Department requirements and approvals for the provision of
an on-site septic system, individual well, public water and/or public
sewer.
(2)
A short-form environmental assessment form shall be submitted.
(3)
Where it is demonstrated that the application meets the requirements set forth in Subsection B(1) above, the subdivider shall submit a final map prepared by a licensed surveyor which depicts the metes-and-bounds survey of the new lots. The Planning Board may approve the natural subdivision and complete a natural subdivision certificate which authorizes filing of the approved map. No public hearing is required, but the Planning Board may, at its option, conduct a public hearing prior to taking action on the natural subdivision.
The procedures for applications regulated by these subdivision
regulations are as follows:
A.
Minor subdivision.
(1)
Informal presentation (optional).
(2)
Sketch subdivision plan. If the Planning Board classified the sketch subdivision plan as a minor subdivision, the subdivider will submit a final subdivision plan in accordance with § 230-13 of these regulations. Nothing herein shall limit the Planning Board's authority to require that a minor subdivision obtain preliminary and final subdivision approval in accordance with the procedures set forth for a major subdivision.
(3)
Final subdivision plan.
A.
The Planning Board has accumulated a considerable body of information
which may be of assistance to the prospective subdivider. A prospective
subdivider is encouraged to meet informally with the Planning Board
prior to submission of a sketch plan to discuss relevant issues, procedures
and requirements which will be applicable during the review process.
The subdivider should become familiar with the regulations, standards
and requirements contained in these regulations, the Zoning Law and
Zoning Maps, the Town Comprehensive Plan, the New York State Environmental
Quality Review Act and New York State Town Law, as well as with any
other applicable Town, county, state and federal requirements.
B.
Prior to a formal submission of an application for subdivision approval,
a subdivider may submit a request to the Planning Board for an informal
presentation. The review shall not constitute a formal application,
and no approval can be granted on such review.
C.
An informal presentation shall include the following:
(1)
Vicinity map at an engineering scale of 2,000 feet to the inch, indicating
the relationship of the proposed subdivision to existing community
facilities which serve it, e.g., roads, schools, etc. Such a sketch
may be superimposed upon a United States Geological Survey (USGS)
map of the area.
(2)
An area map at a scale of not less than one inch equals 400 feet,
or other scale deemed acceptable to the Planning Board, showing:
(a)
All land in the ownership or control of the subdivider.
(b)
The location and ownership of all adjoining property.
(c)
The general location of new streets and the arrangement of lots
within the proposed subdivision.
(d)
The approximate location of natural features such as wetlands,
streams, ponds, marshes, ridges, steep slopes, and wooded areas which
might influence the design of the subdivision.
(3)
Such other information that the subdivider may submit, or that the
Planning Board may request, in order for the Planning Board to comment
informally on the proposed development.
(4)
The applicant may rely on secondary sources of information, e.g.,
a United States Geological Survey quadrangle, relevant sections of
wetland maps, etc., to convey information regarding the property in
question. Nothing herein is intended to require actual field surveys
at this step in the process, except to the extent that such data are
available and the applicant submits same.
A.
Sketch plan submission and review.
(1)
All minor and major subdivisions shall require the submission of a sketch plan. The sketch plan submission provides the Planning Board and the subdivider an opportunity to discuss the proposed subdivision during its formative stage and to determine if the plan is to be processed as a "minor" or "major" subdivision and whether the application shall require submission of a conservation subdivision plan. If a conservation subdivision plan is required, the procedures set forth in § 275-31 of the Zoning Law shall be followed in addition to the requirements of these regulations.
(2)
The sketch plan shall be at a convenient scale of no more than 200
feet to the inch and shall contain the date of preparation, approximate
true North point, title "Sketch Plan" and scale. Nothing herein is
intended to limit a subdivider from supplying any additional information
available from actual field surveys or other field analyses.
B.
The subdivider shall submit the sketch plan and subdivision application
no less than 10 days prior to the Planning Board meeting at which
the application will be discussed. Copies shall be submitted in a
number as set forth on the Town subdivision application forms or as
otherwise directed by the Planning Board.
C.
The sketch plan shall include the following information, unless said
information is waived by the Planning Board:
(1)
A title block identifying the map as a "Sketch Plan" and containing
the name and address of the owner or owners of the land to be subdivided,
the name and address of the subdivider, if other than the owner, the
proposed name of the subdivision, and "Town of Pine Plains, Dutchess
County" in the title block.
(2)
The Tax Map section, block and lot number(s) of the property and
a Tax Map illustrating surrounding properties, and all property in
the vicinity, held or controlled by the subdivider. The zoning district(s)
in which the property is located and the bulk regulations applicable
to same shall be indicated on the plan.
(3)
A map of the location of the tract with respect to surrounding properties
and physical features, such as wetlands, streams, ridges, and floodplains,
and community facilities, such as roads, parks, and schools. Such
map is to be at a scale of between 800 feet and 2,000 feet to the
inch and shall identify all property within 2,000 feet of the subdivision.
(4)
All existing restrictions on the use of land, including, but not
limited to, easements, covenants, zoning district lines, or street
lines.
(5)
The location of all existing structures, such as buildings, stone
walls and all pertinent natural features that may influence the design
of the subdivision, such as habitats identified in the publication
Significant Habitats in the Town of Pine Plains (Hudsonia Ltd), wetlands,
steep slopes, watercourses, rock outcroppings, wooded areas and agricultural
fields.
(6)
Soil types as shown on the Dutchess County Soil Survey prepared by
the U.S. Department of Agriculture, Soil Conservation Service, if
available. Any prime farmland soils or soils of statewide importance
shall be shown.
(7)
A completed environmental assessment form, Part 1.
(8)
A competent initial sketch of the proposed layout of roads, lots,
building setback lines and other features.
(9)
Completed sketch plan checklist, subdivision application and fee.
(10)
Certification of title verifying ownership of the concerned
parcel. A copy of the property deed shall be submitted.
(11)
Owner's written authorization for subdivider (if different from
the owner) to act as the owner's agent.
(12)
Town of Pine Plains Zoning Board of Appeals determinations pertinent
to the proposed subdivision, if applicable.
(13)
An agricultural data statement and required disclosure, if required, as per § 275-20, Agricultural uses, of the Town Zoning Law.
(14)
The Planning Board may require additional information to be
submitted as it deems necessary to adequately review the application.
D.
The Planning Board may schedule a site inspection with the subdivider
to develop a mutual understanding of the general nature of the site
and the approach for subdividing the tract.
E.
The Planning Board shall have the authority to forward the sketch
subdivision plan to other Town agencies for comment. Where the proposed
subdivision is also situated in an adjoining municipality, the Planning
Board shall send a copy to said municipality for informational purposes
and preliminary comment. In addition, the Planning Board shall make
best efforts to coordinate its review of the subdivision with the
review conducted by the Planning Board of the adjoining municipality.
F.
The Planning Board shall review the sketch subdivision plan in accordance
with the criteria contained in these regulations and with other applicable
local laws of the Town. The Planning Board's review of the sketch
plan shall consider, but not be limited to:
(1)
The location of all areas proposed for land disturbance (streets,
foundations, yards, septic disposal systems, stormwater management
areas, etc.) with respect to identified notable features of natural
or cultural significance.
(2)
The potential for street connections with existing streets, other
proposed streets, or potential developments on adjoining parcels.
(3)
The location of proposed access points along the existing road network.
(4)
The proposed building density and lot coverage.
(5)
Consistency with the Town Zoning Law and the specific purposes set forth in § 275-3 of the Zoning Law.
(6)
A determination as to whether submission of a conservation subdivision
shall be required as per the requirements of these regulations and
the Zoning Law.
G.
The sketch plan should illustrate the proposed layout of house sites,
street alignments, the network of open space, and shall be based closely
upon the information contained in the data submitted above. The sketch
subdivision plan shall also be designed in accordance with the design
process set forth in Appendix A of these regulations if the application
requires submission of a conservation subdivision application.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
H.
The Planning Board shall advise the subdivider of any general recommendations
on layout, arrangement of lots and required improvements, taking into
consideration the requirements of these regulations and the Town Zoning
Law. It shall informally advise the subdivider of the extent to which
the proposed subdivision conforms to the relevant standards of these
regulations, and may suggest possible plan modifications that would
increase its degree of conformance. The subdivider shall not be bound
by any sketch plan, nor shall the Planning Board be bound by any such
review. Data obtained during the more detailed preliminary and final
plan and/or SEQRA review may necessitate revision of the initial proposal,
as presented in the sketch plan.
I.
The Planning Board shall classify the subdivision as "major" or "minor"
as defined herein and noted for the record. Classification of the
sketch plan is to be made by the Planning Board within 62 days of
the first public meeting at which a complete sketch plan is submitted.
The Planning Board need take no further action until the application
has been classified as a minor or major subdivision. The Planning
Board shall make a notation regarding classification directly on the
sketch plan.
A.
The following requirements are applicable to minor and major, and
preliminary and final subdivision plans:
(1)
Drawings shall be submitted on uniform-size sheets, not larger than
36 inches by 48 inches.
(2)
All submissions shall indicate:
(a)
The proposed subdivision name or identifying title. It shall
state whether it is a "minor" or "major" subdivision.
(b)
The words "Town of Pine Plains, Dutchess County, New York."
(c)
The name and address of the record owner and subdivider.
(d)
The name and address and seal of the licensed professional person(s)
responsible for subdivision design, for the design of public improvements,
and for the property survey.
(e)
The date, approximate true point North and graphic scale.
(f)
A legend identifying any symbols that may appear on the map.
(3)
An area map at a scale of one inch equals 400 feet, showing the location
of the subdivision with respect to all streets and property within
1,000 feet of the subdivider's tract and identifying all property
in the area held in the same ownership.
(4)
In addition to information required to be shown on the sketch plan,
the following shall be presented:
(a)
Location, bearings and distances of the tract boundary, standard
title block, key map, North arrow and engineering scale.
(b)
Topography at two-foot contour intervals, or other contour interval
deemed acceptable by the Planning Board and extending a minimum of
50 feet beyond all property boundaries.
(c)
Location, width and grade of all existing streets, and proposed
streets and street rights-of-way, with approximate elevations shown
on the beginning and end of each street, at street intersections and
at all points where there is a change in the slope or direction; detailed
road center-line profile of all proposed roads.
(d)
Location of property lines, existing easements, burial grounds,
railroad rights-of-way, watercourses, wetlands, rock outcrops, and
existing wooded areas, or isolated trees 15 inches or more diameter
at breast height ("dbh") that are within or in proximity to any proposed
area of disturbance; structures, stone walls, farm access roads, and
other significant features; location, width and names of all existing
or planned streets or other public ways within or immediately adjacent
to the tract; names of adjoining property owners from the latest assessment
rolls within 500 feet of any perimeter boundary of the subdivision
or the names of adjacent developments.
(e)
The location, dimensions, and areas of all proposed or existing
lots and suggested location of buildings.
(f)
Location, sizes, elevations, and slopes of existing sewers,
water mains, culverts, storm drains, and other underground structures
within the tract and immediately adjacent thereto; existing permanent
buildings and utility poles on or immediately adjacent to the site
and utility rights-of-way. The pipe size, grades and direction of
flow should be provided.
(g)
Location, name and dimensions of existing parks and public properties.
(h)
The location, dimensions, and area of all parcels of land proposed
to be set aside for park or playground use or other public use and
the conditions of such dedication, or for the use of property owners
in the proposed subdivision.
(i)
Indication of the use of any lot (single-family, two-family,
multifamily, townhouse) and all uses, other than residential, proposed
by the subdivider.
(5)
Proposed provision of water supply, fire protection, sanitary waste
disposal, stormwater drainage, street trees, streetlight fixtures,
street signs and sidewalks shall be shown.
(6)
Whenever the plan covers only part of the subdivider's holdings,
the Planning Board may require that the subdivider submit a conceptual
plan for the subdivision of the entire parcel, at a scale of no more
than 200 feet to the inch, together with its proposed street system,
and an indication of the probable future street system and drainage
system of the remaining portion of the tract in order to avoid piecemeal
design and segmented review.
(7)
Data acceptable to the Town Engineer to readily determine the location,
bearing and length of all lines, and to reproduce such lines upon
the ground. The location of all existing and proposed monuments should
be shown.
B.
The Planning Board may require that the proposed subdivision be staked
in the field to facilitate inspection and review of the proposed subdivision.
If required, the subdivider shall stake the property 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.
(2)
At the intersection of each side lot line with the street line, marked
with identifying numbers of each abutting lot, as shown on the preliminary
plan. 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 the approval of the final plan
shall be replaced by the subdivider, if required by the Planning Board
or its authorized representative.
C.
Additional requirements for conservation subdivisions. Where the Planning Board has determined during sketch plan review that a subdivision shall be designed as a conservation subdivision, the provisions of § 275-31 of the Zoning Law, in addition to these regulations, shall specifically apply. All information and all procedures set forth in § 275-31 are incorporated herein by reference.
D.
The environmental assessment form, Part 1, revised to reflect any
revisions made since submission of the sketch plan.
E.
The subdivision plan shall contain the original signature and seal
of a professional engineer or land surveyor, both registered in New
York State, or a qualified land surveyor under § 7208, Paragraph
n, of the Education Law. Certification shall be made, stating the
date of the completion of the field survey and the name of the subdivision,
if any.
F.
The Planning Board may also require the following information:
(1)
Offer of dedication, in a recordable instrument form approved by
the Town Board and the Town Attorney, of all land included in easements,
drainage easements, and parks and playground areas not specifically
reserved by the owner.
(2)
Copies of all applications for approval of proposed water supply
and wastewater disposal facilities.
(3)
Protective covenants in form for recording, including covenants governing
the maintenance of public spaces or reservations that are not proposed
for dedication.
(4)
Such other and further material and documentation as the Planning
Board deems necessary for review and approval of the subdivision application
or its SEQRA review of the same.
A.
Minor subdivision plan submission.
(1)
Application and fee. Within six months following the classification
by the Planning Board of a proposed subdivision as a minor subdivision,
the subdivider shall submit a minor subdivision plan. The minor subdivision
plan shall be equivalent to a final plan as defined in these regulations.
The plan shall be accompanied by any additional documentation required
by the Planning Board and a subdivision application fee. Failure to
submit the plan within six months will cause the application to be
considered withdrawn. Applications that have been withdrawn may be
reactivated only upon resubmission of a sketch plan to the Planning
Board for classification, in addition to payment of the appropriate
application fee. The Planning Board shall review the minor subdivision
plan and shall determine whether it is a complete application for
purposes of commencing a public hearing. If the Planning Board deems
the application incomplete, the Board shall detail the application
deficiencies, in writing, to the subdivider.
(2)
Number of copies. Ten copies of the minor subdivision plan shall
be filed with the Planning Board Clerk at least 10 days prior to the
regular monthly meeting of the Planning Board at which the application
will be discussed. A proposed submission that does not include all
the required drawings, information, and documents shall be incomplete,
and the Planning Board may, in its discretion, decline to consider
the application until such time as it is complete.[1]
(3)
Subdivider to attend Planning Board meeting. The subdivider or his
representative shall attend the regular meeting of the Planning Board
at which the plan shall be discussed.
(4)
Official submission date. The official date of submission shall be
the date of the regular monthly meeting of the Planning Board after
timely receipt of all required application documents and fees.
B.
Decision on minor subdivision plan.
(1)
Coordination with State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act. A minor subdivision plan shall not be deemed a complete application until a negative declaration has been filed or until a notice of completion of a draft environmental impact statement has been filed in accordance with the regulations implementing SEQRA (see definition of "complete application" in Article V of these regulations). The period for review of a minor subdivision shall begin upon filing of the negative declaration or notice of draft environmental impact statement completion.
(2)
Consistent with the requirements of § 239-nn of the General
Municipal Law, the Planning Board shall give notice to an adjacent
municipality when a hearing is held relating to minor subdivision
review and approval on property that is within 500 feet of the adjacent
municipality. Such notice shall be sent by mail or via electronic
submission to the Town Clerk in the adjacent municipality at least
10 days prior to the hearing. The adjacent municipality may appear
and be heard.
(3)
Periods for public hearing and decision.
(a)
Where the Planning Board is lead agency. The period within which
the Planning Board shall hold a public hearing on the minor subdivision
plan shall be coordinated with any hearings the Planning Board may
schedule pursuant to the regulations implementing SEQRA, as follows:
[1]
If the Planning Board determines that the preparation of an environmental impact statement is not required, the public hearing shall be held within 62 days after receipt of the complete minor subdivision plan (see definition of "complete application" in Article V of these regulations); or
[2]
If an environmental impact statement is required, the Planning
Board shall hold a public hearing on the draft environmental impact
statement jointly with the public hearing otherwise required by these
regulations. The public hearing on the minor subdivision plan and
draft environmental impact statement shall be held within 62 days
after the filing of the notice of completion of the draft environmental
impact statement. If no public hearing is held on the draft environmental
impact statement, the public hearing on the minor subdivision plan
shall be held within 62 days of filing of the notice of completion.
(b)
Where the Planning Board is not the lead agency under State
Environmental Quality Review Act. The Planning Board shall, with the
agreement of the lead agency, hold the public hearing on the minor
subdivision jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement or if no public hearing is
held on the draft environmental impact statement, the Planning Board
shall hold the public hearing on the minor subdivision plan within
62 days after receipt of a complete application for a minor subdivision
plan.
(4)
The hearing on the minor subdivision plan shall be advertised at
least once in a newspaper of general circulation in the Town at least
five days before such hearing if held independently of the hearing
on the draft environmental impact statement or 14 days before a hearing
held jointly therewith. The Planning Board may provide that the hearing
be further advertised in such manner as it deems most appropriate
for full public consideration of the minor subdivision plan. The hearing
on the plan shall be closed within 120 days after it has been opened,
unless the time period is extended by mutual consent of the applicant
and Planning Board.
(5)
Decision. The Planning Board shall, within 62 days from the close
of the public hearing, or within 30 days of the adoption of findings
by the lead agency, whichever period is later, approve, conditionally
approve with or without modification, or disapprove the minor subdivision
plan. When conditionally approving a minor subdivision plan with or
without modifications, the Planning Board must state in writing the
modifications, if any, it deems necessary before the plan will be
endorsed by the Chairperson. The Planning Board shall specify in writing
its reasons for any disapproval.
(6)
Filing of decision. Within five business days from the date of the
adoption of the resolution stating the decision of the Board on the
minor subdivision plan, the Planning Board Chairperson or duly authorized
representative of the Planning Board shall cause a copy of such resolution
to be filed in the office of the Town Clerk.
(7)
Duration of conditional approval of minor subdivision plan. Conditional
approval of the minor subdivision plan shall expire within 180 days
after the date of adoption of the resolution granting such approval.
The Planning Board may extend for additional periods of 90 days each
the time in which a conditionally approved plan must be submitted
for signature if, in the Board's opinion, such extension is warranted
by the particular circumstances. A failure to complete the conditions
of minor subdivision approval within the required time period(s) shall
result in the approval becoming null and void.[2]
(8)
Application for area variance. Where a proposed subdivision contains
one or more lots that do not comply with the dimensional regulations
of the Zoning Law, an application may be made to the ZBA for an area
variance without the necessity of a decision or determination of an
administrative official charged with the enforcement of the zoning
regulations. In reviewing such application, the ZBA shall request
the Planning Board to provide a written recommendation concerning
the proposed variance.
(9)
Filing of minor subdivision plan; expiration of approval. The subdivider
shall file the approved minor subdivision plan in the Office of the
County Clerk within 62 days from the date of final approval or such
approval shall expire. The signature of the Chairperson or other duly
authorized representative of the Planning Board signifying final approval
and completion of conditions of final approval by the Planning Board
shall constitute approval.
(10)
Endorsement of the Chairperson. Upon approval of the minor subdivision
plan, the subdivider shall carry out the following steps prior to
obtaining the Chairperson's signature of approval:
(a)
Provide proof of compliance with the Department of Health standards
and approval for water supply and sewage disposal.
(b)
If required by the Planning Board, provide proof of compliance
with all other required local, state and federal agency permits and
approvals, including, but not limited to: stream disturbance; wetland
and wetland adjacent area disturbances, highway work; curb cuts; stormwater
connections; SPDES permit discharges, and all other conditions of
approval required by the Planning Board.
(c)
Make all required corrections or changes to the minor subdivision
plan as outlined in the resolution of the Planning Board and complete
and meet all applicable conditions of the Planning Board resolution
approving the final plan.
(d)
Provide a Mylar and paper copies of the minor subdivision plan
in such quantity as specified by the Planning Board for the endorsement
of the Chairperson. After the Chairperson has signed the Mylar and
the paper copies of the plan, the Secretary shall immediately notify
the subdivider of the availability of the minor subdivision plan map.
The subdivider is solely responsible for filing of the minor subdivision
plan with the County Clerk.
(e)
Pay all outstanding escrow fees and inspections fees. Recreation
and inspection fees, if applicable, are due and payable prior to the
Chairperson endorsing the final plan map.
(11)
Filed plan map. Within seven days of the date the minor subdivision
plan is filed with the County Clerk, the subdivider shall submit to
the Planning Board two copies of the plan showing the endorsement
of the County Clerk.
(12)
Deed required for filing. Prior to final approval of the subdivision
plan, all deeds and other legal instruments that are required as a
condition of approval shall be submitted to, and approved by, the
Town Attorney. Said documents and all required filing fees shall be
provided to the Town Attorney to be held in escrow to be filed upon
filing of the subdivision plan. Filing fees shall also be deposited
for such documents. Such deeds or documents may contain restrictions
on the use of the land, including, but not limited to, easements and
covenants, which form part of the subdivision approval.
C.
Subdivision abandonment. The owner of an approved subdivision may
abandon such subdivision pursuant to the provisions of § 560
of the New York Real Property Tax Law.
D.
Plan void if revised after approval. No changes, erasures, modifications,
or revisions shall be made on any final plan after the Planning Board
Chairperson has placed his or her signature on plans. In the event
that any final plan, when recorded, contains any such changes, the
plan shall be considered null and void, and the Board shall institute
proceedings to have said plan stricken from the records of the County
Clerk.
A.
Submission of preliminary plan.
(1)
Within six months of the Planning Board's classification of a proposed
subdivision as a major subdivision, the subdivider shall submit the
following:
(2)
The application and plan shall comply in all respects with the requirements
specified in these regulations and with the provisions of §§ 276
and 277 of the Town Law, Article VII of the Zoning Law and all applicable
governing statutes.
(3)
The application and preliminary plan shall be submitted at least
10 days prior to the date of the meeting of the Planning Board.
(4)
The preliminary plan shall be clearly marked "Preliminary Plan" and
shall conform to the definition provided in this section.
(5)
Coordination with the State Environmental Quality Review Act. The
Planning Board shall comply with the provisions of SEQRA and its implementing
regulations.
(6)
Receipt of a complete application - preliminary plan. A preliminary plan shall not be deemed complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of SEQRA. See Subsection A(9) below.
(7)
Subdivider to attend Planning Board meeting. The subdivider shall
attend a regular meeting of the Planning Board to discuss the preliminary
plan.
(8)
Official submission date. The official date of submission shall be
the date of the regular monthly meeting of the Planning Board after
timely receipt of all required documents and application fees.
(9)
Start of time frames. A determination by the Planning Board that a complete application has been received shall initiate all time frames set forth herein (see definition of "complete application" in Article V of these regulations).
(10)
Referral to Town of Pine Plains Conservation Advisory Council
(CAC). The Planning Board shall forward the preliminary plan to the
CAC for its review and comment. The CAC shall provide its comments
to the Planning Board within 45 days of the date of its receipt of
the referral, and should it fail to do so, it shall be deemed to have
no comments on the preliminary plan.
B.
Consistent with the requirements of § 239-nn of the General
Municipal Law, the Planning Board shall give notice to an adjacent
municipality when a hearing is held relating to major subdivision
review and approval on property that is within 500 feet of the adjacent
municipality. Such notice shall be sent by mail or via electronic
submission to the Town Clerk in the adjacent municipality at least
10 days prior to the hearing. The adjacent municipality may appear
and be heard.
C.
Planning Board as lead agency under SEQRA; public hearing, notice
and decision.
(1)
Public hearing on preliminary plan. The time within which the Planning
Board shall hold a public hearing on the preliminary plan shall be
coordinated with any hearings the Planning Board may schedule pursuant
to SEQRA, as follows:
(a)
If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plan is not required, the public hearing on such plan shall be held within 62 days after the receipt of a complete preliminary plan application by the Planning Board (see the definition of "complete application" in Article V of these regulations); or
(b)
If the Planning Board determines that an environmental impact
statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plan
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of SEQRA. If no public hearing is held on the draft environmental
impact statement, the public hearing on the preliminary plan shall
be held within 62 days of filing the notice of completion.
(c)
Public hearing notice, length. The hearing on the preliminary
plan shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if no hearing is
held on the draft environmental impact statement or 14 days before
a hearing held jointly therewith. The Planning Board may provide that
the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such preliminary plan.
The hearing on the preliminary plan shall be closed upon motion of
the Planning Board within 120 days after it has been opened.
(2)
Decision.
(a)
The Planning Board shall approve, with or without modification, or
disapprove such preliminary plan as follows:
[1]
If the Planning Board determines that the preparation of an
environmental impact statement on the preliminary plan is not required,
the Board shall make its decision within 62 days after the close of
the public hearing; or
[2]
If the Planning Board determines that an environmental impact
statement is required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing in
accordance with the provisions of SEQRA. If no public hearing is held
on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the preliminary plan. Within 30 days of the
filing of such final environmental impact statement, the Planning
Board shall issue findings on the final environmental impact statement
and make its decision on the preliminary plan.
(b)
Grounds for decision. The grounds for a modification, if any,
or the grounds for disapproval shall be placed on the records of the
Planning Board. When so approving a preliminary plan, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plan in final form.
D.
Planning Board not as lead agency under SEQRA; public hearing, notice
and decision.
(1)
Public hearing on preliminary plan. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plan jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plan within 62 days after the receipt of a complete preliminary plan application by the Planning Board (see definition of "complete application" in Article V of these regulations).
(2)
Public hearing notice, length. The hearing on the preliminary plan
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if held independently
of the hearing on the draft environmental impact statement or 14 days
before a hearing held jointly therewith. The Planning Board may provide
that the hearing be further advertised in such manner as it deems
most appropriate for full public consideration of such preliminary
plan. The hearing on the preliminary plan shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
(3)
Decision. The Planning Board shall approve, with or without modification,
or disapprove such preliminary plan as follows:
(a)
If the preparation of an environmental impact statement on the
preliminary plan is not required, the Board shall make its decision
within 62 days after the close of the public hearing on the preliminary
plan.
(b)
If an environmental impact statement is required, the Planning
Board shall make its own findings and its decision on the preliminary
plan within 62 days after the close of the public hearing on such
preliminary plan or within 30 days of the adoption of findings by
the lead agency, whichever period is longer.
(4)
Grounds for decision. The grounds for a modification, if any, or
the grounds for disapproval shall be placed on the records of the
Planning Board. When so approving a preliminary plan, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plan in final form.
E.
Certification and filing of preliminary plan. Within five business
days of the adoption of the resolution granting approval of such preliminary
plan, such plan shall be certified by the Planning Board Secretary
as having been granted preliminary approval and a copy of the plan
and resolution shall be filed in the Planning Board office. A copy
of the resolution shall be mailed to the owner and the subdivider,
if different from the owner.
F.
Filing of decision on preliminary plan. Within five business days
from the date of the adoption of the resolution stating the decision
of the Board on the preliminary plan, the Chairperson or other duly
authorized member of the Planning Board shall cause a copy of such
resolution to be filed in the office of the Town Clerk.
G.
Revocation of approval of preliminary plan. Within six months of
the approval of the preliminary plan, the owner must submit the plan
in final form. If the final plan is not submitted within six months,
approval of the preliminary plan may be revoked by the Planning Board.
A.
Application procedure. The application for final plan approval shall:
(1)
Be made on forms provided by the Planning Board.
(2)
Be accompanied by copies of the final plan in a number as set forth
on the subdivision application forms or as otherwise directed by the
Planning Board.
(3)
Comply with the preliminary plan as approved.
(4)
Comply with the improvement requirements of these regulations.
(5)
Be submitted to the Planning Board at least 10 days prior to a regular
meeting of the Board.
B.
Submission of the final plan. The final plan shall include the following:
(1)
Data required by § 230-12. The title shall note that the submission is a "final" subdivision plan.
(2)
Location, width and name of each proposed street, and typical cross
sections showing street pavement and, where required, curbs, gutters
and sidewalks.
(3)
Lengths and deflection angles of all straight lines and radii, length,
central angles, chords and tangent distances of all curves for each
street proposed.
(4)
Profiles showing existing and proposed elevations along the center
lines of all proposed streets and the elevations of existing streets
for a distance of 100 feet on either side of their intersection with
a proposed street.
(5)
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 existence of steep slopes).
(6)
Building setback lines.
(7)
Location, size and invert elevations of existing and proposed stormwater
drains and sanitary sewers; the exact location of utilities and fire
hydrants.
(8)
Location of street trees, streetlighting standards and street signs.
(9)
Area of all lots in hundredths of an acre.
(10)
Location, material and size of all permanent monuments.
(11)
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.
(12)
Necessary agreements in connection with required easements or
releases.
(13)
Formal irrevocable offers of dedication to the Town of all streets,
public parks, and other rights in a form acceptable to the Town Attorney.
(14)
Easements of ingress and egress for the public over mapped streets
prior to acceptance of dedication.
(15)
A map note that the subdivision and its development is subject
to continuing compliance with all the terms and conditions of approval
of these regulations, and all other applicable ordinances and local
laws of the Town.
C.
Decision on final subdivision plan.
(1)
Final plan which is in substantial agreement with an approved preliminary
plan. When a final plan is submitted which the Planning Board deems
to be complete and in substantial agreement with a preliminary plan
approved pursuant to these regulations, the Planning Board shall by
resolution conditionally approve, with or without modification, disapprove,
or grant final approval and authorize the signing of such plan, within
62 days of its receipt by the Planning Board.
(2)
Final plan not in substantial agreement with approved preliminary
plan. When a final plan is submitted which the Planning Board deems
not to be in substantial agreement with a preliminary plan approved
pursuant to this chapter, the following shall apply:
(a)
Planning Board as lead agency; public hearing; notice; decision.
[1]
Public hearing on final plans. The time within which the Planning
Board shall hold a public hearing on such final plan shall be coordinated
with any hearings the Planning Board may schedule pursuant to SEQRA,
as follows:
[a]
If such Board determines that the preparation of
an environmental impact statement, or a supplemental environmental
impact statement (SEIS), as the case may be, is not required, the
public hearing on a final plan not in substantial agreement with a
preliminary plan shall be held within 62 days after the receipt of
a complete application for a final subdivision plan by the Planning
Board; or
[b]
If such Board determines that an environmental
impact statement or an SEIS is required, and a public hearing on the
draft environmental impact statement is held, the public hearing on
the final plan and the draft environmental impact statement, or draft
SEIS (DSEIS), shall be held jointly within 62 days after the filing
of the notice of completion of such draft environmental impact statement
or DSEIS in accordance with the provisions of SEQRA. If no public
hearing is held on the draft environmental impact statement or DSEIS,
the public hearing on the final plan shall be held within 62 days
following filing of the notice of completion.
[2]
Public hearing; notice; length. The hearing on the final plan
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if no hearing is
held on the draft environmental impact statement, or 14 days before
a hearing held jointly therewith. The Planning Board may provide that
the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such final plan. The
hearing on the final plan shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall make its decision on the
final plan as follows:
[a]
If the Planning Board determines that the preparation
of an environmental impact statement or SEIS, as the case may be,
on the final plan is not required, the Planning Board shall by resolution
conditionally approve, with or without modification, disapprove, or
grant final approval and authorize the signing of such plan within
62 days after the date of the public hearing; or
[b]
If the Planning Board determines that an environmental
impact statement or SEIS is required, and a public hearing is held
on the draft environmental impact statement or DSEIS, the final environmental
impact statement shall be filed within 45 days following the close
of such public hearing in accordance with the provisions of SEQRA.
If no public hearing is held on the draft environmental impact statement
or DSEIS, the final environmental impact statement or final SEIS (FSEIS)
shall be filed within 45 days following the close of the public hearing
on the final plan. Within 30 days of the filing of the final environmental
impact statement, the Planning Board shall issue findings on such
final environmental impact statement and shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such plan.
[4]
Grounds for decision. The ground for a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Planning Board.
(b)
Planning Board not as lead agency; public hearing; notice; decision.
[1]
Public hearing. The Planning Board shall, with the agreement
of the lead agency, hold the public hearing on the final subdivision
plan jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement or if no public hearing is
held on the draft environmental impact statement, the Planning Board
shall hold the public hearing on the final plan within 62 days after
the receipt of a complete application of the final plan by the Planning
Board.
[2]
Public hearing; notice; length. The hearing on the final subdivision
plan shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if held independently
of the hearing on the draft environmental impact statement, or 14
days before a hearing held jointly therewith. The Planning Board may
provide that the hearing be further advertised in such manner as it
deems most appropriate for full public consideration of such final
plan. The hearing on the final plan shall be closed upon motion of
the Planning Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of the plan as follows:
[a]
If the preparation of an environmental impact statement
on the final plan is not required, the Planning Board shall make its
decision within 62 days after the close of the public hearing on the
final plan.
[b]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the final plan within 62 days after close of the public hearing on
such final plan or within 30 days of the adoption of the findings
by the lead agency, whichever period is longer.
[c]
The grounds for a modification, if any, or the
grounds for disapproval shall be stated upon the records of the Planning
Board.
(3)
Endorsement of state and/or local agencies. The proposed final plan
shall be submitted to and be properly endorsed by the County Health
Department and other agencies having jurisdiction as meeting the applicable
standards of the state, county and/or local agencies. Said endorsement
shall be made a condition of final approval and shall be provided
prior to the Chairperson signing the final subdivision plan.
D.
Certification of final plan. Within five business days of the adoption
of the resolution granting conditional or final approval of the final
plan, such plan shall be certified by the Planning Board Secretary
as having been granted conditional or final approval and a copy of
such resolution and plan shall be filed in the Planning Board office.
A copy of the resolution shall be mailed to the owner. In the case
of a conditionally approved plan, such resolution shall include a
statement of the requirements which, when completed, will authorize
the signing thereof. Upon completion of such requirements, the plan
shall be signed by said duly authorized officer of the Planning Board
and a copy of such signed plan shall be filed in the Planning Board
office.
E.
Approval of plan in sections. In granting conditional or final approval
of a plan in final form, the Planning Board may permit the plan to
be subdivided and developed in two or more sections and may in its
resolution granting conditional or final approval state that such
requirements as it deems necessary to ensure the orderly development
of the plan be completed before said sections may be signed by the
duly authorized officer of the Planning Board. Conditional or final
approval of the sections of a final plan may be granted concurrently
with conditional or final approval of the entire plan, subject to
any requirements imposed by the Planning Board.
F.
Duration of conditional approval of final plan. Conditional approval
of the final plan shall expire within 180 days after the resolution
granting such approval unless all requirements stated in such resolution
have been certified as completed. The Planning Board may extend for
additional periods of 90 days each the time in which a conditionally
approved plan must be submitted for signature if, in the Planning
Board's opinion, such extension is warranted by the particular circumstances.[1]
G.
Default approval of preliminary or final plan. The time periods prescribed
herein within which a Planning Board must take action on a preliminary
plan or a final plan are specifically intended to provide the Planning
Board and the public adequate time for review and to minimize delays
in the processing of subdivision applications. Such periods may be
extended only by mutual consent of the owner and the Planning Board.
In the event the Planning Board fails to take action on a preliminary
plan or a final plan within the time prescribed therefor after completion
of all requirements under SEQRA, or within such extended period as
may have been established by the mutual consent of the owner and the
Planning Board, such preliminary or final plan shall be deemed granted
approval. The certificate of the Town Clerk as to the date of submission
of the preliminary or final plan and the failure of the Planning Board
to take action within the prescribed time shall be issued on demand
and shall be sufficient in lieu of written endorsement or other evidence
of approval herein required for filing in the Dutchess County Clerk's
office.
H.
Filing of decision on final plan. Within five business days from
the date of the adoption of the resolution stating the decision of
the Board on the final plan, the Chairperson or other duly authorized
member of the Planning Board shall cause a copy of such resolution
to be filed in the office of the Town Clerk.
I.
Endorsement of the Chairperson. Upon approval of the final subdivision
plan, the subdivider shall carry out the following steps prior to
obtaining the Chairperson's signature of approval:
(1)
Provide proof of compliance with the Department of Health standards
and approval for water supply and sewage disposal or consent to file.
(2)
Provide proof of compliance with all other required local, state
and federal agency permits and approvals, including, but not limited
to: stream disturbance; wetland and wetland adjacent area disturbances;
highway work; curb cuts; stormwater connections; SPDES permit discharges.
(3)
Make all required corrections or changes to the final subdivision
plan as outlined in the resolution of the Planning Board and complete
and meet all applicable conditions of the Planning Board resolution
approving the final plan.
(4)
Provide a Mylar and paper copies of the final subdivision plan in
such quantity as specified by the Planning Board for the endorsement
of the Chairperson. After the Chairperson has signed the Mylar and
the paper copies of the plan, the Secretary shall immediately notify
the subdivider of the availability of the subdivision plan map. The
subdivider is solely responsible for filing of the final subdivision
plan with the County Clerk.
(5)
Pay all outstanding escrow fees and inspection fees. Recreation and
inspection fees, if applicable, are due and payable prior to the Chairperson
endorsing the final plan map.
J.
Filing of final plan; expiration of approval. The owner shall file
in the office of Dutchess County Clerk the approved final plan or
a section of such plan within 62 days from the date of final approval
or such approval shall expire. The following shall constitute final
approval: the signature of the duly authorized officer of the Planning
Board constituting final approval by the Planning Board of a plan;
or the approval by such Board of the development of a plan or plans
already filed in the office of the Dutchess County Clerk if such plans
are entirely or partially undeveloped; or the certificate of the Town
Clerk as to the date of the submission of the final plan and the failure
of the Planning Board to take action within the time herein provided.
In the event the owner shall file only a section of such approved
plan in the office of the Dutchess County Clerk, the entire approved
plan shall be filed within 30 days of the filing of such section with
the Town Clerk in each town in which any portion of the land described
in the plan is situated. Such section shall encompass at least 10%
of the total number of lots contained in the approved plan, and the
approval of the remaining sections of the approved plan shall expire
unless said sections are filed before the expiration of the exemption
period to which such plan is entitled under the provisions of Subdivision
2 of § 265-a of the New York State Town Law.
K.
Filed plan map. Within seven days of the date the final subdivision
plan is filed with the County Clerk, the subdivider shall submit to
the Planning Board two copies of the plan showing the endorsement
of the County Clerk.
L.
Deed required for filing. Prior to final approval of the subdivision
plan, all deeds and other legal instruments that are required as a
condition of approval shall be submitted to, and approved by, the
Town Attorney. Said documents and all required filing fees shall be
provided to the Town Attorney, to be held in escrow to be filed upon
filing of the subdivision plan. Filing fees shall also be deposited
for such documents. Such deeds or documents may contain restrictions
on the use of the land, including, but not limited to, easements and
covenants, which form part of the subdivision approval.
M.
Subdivision abandonment. The owner of an approved subdivision may
abandon such subdivision pursuant to the provisions of § 560
of the New York Real Property Tax Law.
N.
Plan void if revised after approval. No changes, erasures, modifications,
or revisions shall be made on any final plan after approval has been
given by the Board. In the event that any final plan, when recorded,
contains any such changes, the plan shall be considered null and void,
and the Board shall institute proceedings to have said plan stricken
from the records of the County Clerk.
