Whenever any subdivision or resubdivision of land in the Town
of Washington is proposed, the subdividing owner, his authorized agent,
or an authorized contract vendee, or his agent, shall apply for and
secure approval of such proposed subdivision before any sale of any
part thereof is made and before any permit for the erection of a structure
in such proposed subdivision shall be granted. Approval of a proposed
subdivision shall be obtained in accordance with the procedure specified
in this article.
A.
Applicant responsibilities. Before filing an application and before preparing a preliminary plat pursuant to § 137-11, the applicant should:
(1)
Obtain such forms and guidelines as may be prescribed by the Planning
Board to implement the provisions of this chapter, available in the
office of the Town Clerk.
(2)
Attend a regular meeting of the Planning Board to discuss his intentions and to determine the Board's requirements; the applicant should present a vicinity map, sketch plan and general information as specified in § 137-20 of this chapter.
(4)
Determine the requirements of the Dutchess County Department of Health,
whose approval is required by this chapter, and which must eventually
approve any final plat coming within its jurisdiction.
B.
Minor subdivisions and lot line adjustments.
(1)
If the subdivision is a minor subdivision or lot line adjustment, as defined in Article VII, the applicant may request and the Planning Board may grant waivers from informational and procedural requirements in this chapter, provided that such waivers do not violate the provisions of §§ 276 and 277 of the Town Law.
(2)
The Planning Board may, in its discretion, adopt a list of standard
waivers that will normally be granted for minor subdivisions and lot
line adjustments, respectively.
(3)
No lot created through a minor subdivision approval shall be treated
as a minor subdivision again until 10 years after final approval.
C.
Planning Board action.
(1)
The Planning Board shall determine whether to proceed pursuant to the provisions of § 137-27B of this chapter. If the sketch plan meets the cluster preference criteria in § 137-27B(2), the § 137-27B procedures shall be followed.
(2)
If the Planning Board finds the sketch plan acceptable in concept,
it shall, by resolution, approve said sketch plan, subject to such
conditions as it may determine to be necessary.
D.
Election to bypass sketch plan approval. An applicant may proceed directly with an application for preliminary plat approval. However, such preliminary plat application will be reviewed as both a sketch plan and a preliminary plat and must satisfy all procedural and substantive requirements of §§ 137-10, 137-11, 137-20 and 137-21 of this chapter, including the procedures in § 137-27B, if applicable.
A.
Application procedure. At any time after approval of a sketch plan,
the applicant may file an application for the approval of a preliminary
plat. The application shall be generally consistent with the approved
sketch plan and shall:
(1)
Be made on forms available at the office of the Town Clerk.
(2)
Include all land which the applicant proposes to subdivide.
(3)
Be received at least 10 days prior to the date of the Planning Board
Meeting.
(4)
Include eight copies of:
(a)
The application form.
(c)
Short form or long form environmental assessment form (EAF),
as appropriate.
(d)
Such other materials or reports as are required by this chapter, the instructions accompanying the application form, the Chapter 165, Zoning, and SEQR. Six copies of these materials shall be submitted directly to the Planning Board Secretary and two copies shall be submitted directly to the Planning Board's designated consultant.
B.
Study of preliminary plat. The Planning Board will carefully study the practicability of the preliminary plat, taking into consideration the requirements of the community, the best use of the land being subdivided, environmental constraints, and the policies set forth in § 137-3. Particular attention will be given to the proposed arrangement, location, and width of streets; the relation of proposed streets to the topography of the land; sewage disposal; drainage; proposed lot sizes, shapes, and layout; location of proposed house sites; protection of natural and scenic resources; future development of adjoining lands as yet unsubdivided; the requirements of the Master Plan and Chapter 165, Zoning; and matters enumerated in § 277 of the Town Law.
C.
Determination of significance. Before an application for preliminary
plat approval is deemed complete, the Planning Board shall make a
determination of significance under SEQR. If the Planning Board finds
that the proposed subdivision may have a significant effect on the
environment, it shall issue a positive declaration and direct the
applicant to prepare an environmental impact statement pursuant to
the procedures established under SEQR. The preliminary plat application
shall not be deemed complete until either a negative declaration has
been filed or an environmental impact statement has been accepted
as complete by the Planning Board.
D.
Public hearing. Before the Planning Board acts on any preliminary
plat, it shall hold a public hearing thereon. The public hearing shall
be held within 62 days after receipt of a complete application for
approval of a preliminary plat by the Secretary of the Planning Board
in accordance with § 276, Subdivision 5(d)(i), of the Town
Law. The applicant shall ensure that Notice of Public Hearing is published
in a newspaper of general circulation in the Town at least five days
prior to the date of the hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Approval of preliminary plat. Within 62 days after the close of the
public hearing, the Planning Board shall approve, approve with modification,
or disapprove the preliminary plat. The Board shall advise the applicant,
in writing, of its decision and, if the Board approves with modification,
include 1) the specific changes it will require in the plat, and 2)
the character and extent of improvements and reservations which it
will require as a prerequisite to approval of the final plat to be
submitted subsequently. In approving with modifications or in disapproving
the preliminary plat, the Board shall state the reasons upon the record.
If the Board fails to act within the time prescribed, the preliminary
plat will be deemed approved pursuant to the provisions of § 276
of the Town Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Application procedure. Within six months of approval of the preliminary
plat, the applicant shall file with the Planning Board an application
for approval of a final plat. The application shall:
(1)
Be made on forms provided by the Planning Board.
(2)
Include the entire subdivision, or a section thereof, which derives
access from a street improved to municipal standards, or for which
street a bond covering such improvement is held by the municipality.
(3)
Be accompanied by eight copies of the final plat and supplementary materials as described in § 137-22 of this chapter. The final plat shall be submitted to the Planning Board Secretary and the Planning Board's consultant in the same manner and time frame as the preliminary plat. The final plat shall be properly endorsed by the Dutchess County Department of Health as meeting the standards of the State or County Sanitary Code.
(4)
Comply in all respects with the preliminary plat, with any modifications,
improvements, and reservations required by the Planning Board in its
approval of the preliminary plat.
(5)
Have plans for the proposed streets approved by the Town Superintendent
of Highways, Town Engineer, and Commissioner of Public Works. In addition,
if the proposed street(s) will intersect or connect with a state,
county, or village highway, plans must also have the approval of the
appropriate governmental unit.
(7)
Be submitted to the Secretary (Clerk) of the Planning Board.
B.
Public hearing. Except as provided in § 137-12C, before the Planning Board acts on the final plat, it shall hold a public hearing thereon. The public hearing shall be held within 62 days after receipt of a complete application for approval of a final plat by the Clerk of the Planning Board in accordance with § 276, Subdivision 6(d)(i), of the Town Law. The applicant shall ensure that notice of public hearing is published in a newspaper of general circulation in the Town at least five days prior to the date of the hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Waiver of public hearing on the final plat. The Planning Board may waive the public hearing required under § 137-12B if, following receipt of the application for approval of a final plat, the Board finds the final plat to be in substantial agreement with the preliminary plat approval including any modifications or requirements imposed.
D.
Action on proposed final plat. After careful study, the Planning Board shall, by resolution, within 62 days of the date of closing of the public hearing on the final plat or, if the hearing is waived pursuant to § 137-12C, within 62 days of receipt of the application for approval of a final plat, approve, conditionally approve, conditionally approve with modifications, or disapprove such plat, and shall advise the applicant, in writing, of its decision. The grounds for disapproval of any plat shall be stated in the resolution of the Planning Board. If the Board fails to act within the stated time period, the final plat shall be deemed approved pursuant to § 276 of the Town Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Signing of plat.
(1)
Every final plat approved by the Board shall carry a written endorsement
of the Planning Board signed by the Chairman. In the absence of the
Chairman, the Acting Chairman, the Secretary, or Acting Secretary
may sign in his place.
(2)
In granting conditional approval with or without modifications, the
Board shall state in its resolution the requirements that must be
completed before the final plat can be signed. A plat granted conditional
approval must be so certified by the Clerk of the Planning Board within
five days of the date of the resolution and a copy filed in the office
of the Clerk and a certified copy of the plat and resolution mailed
to the owner. Upon completion of the requirements, the plat shall
be signed by the duly authorized officer of the Board.
F.
Plat void if revised after approval. No changes, erasures, modifications,
or revisions shall be made on any final plat after approval has been
given by the Board. In the event that any final plat, when recorded,
contains any such changes, the plat shall be considered null and void,
and the Board shall institute proceedings to have said plat stricken
from the records of the County Clerk and the Town Clerk.
G.
Filing of approved subdivision plat. Within 62 days of the signing,
the approved final plat shall be filed with the Dutchess County Clerk's
office or become null and void. A duplicate copy of such plat shall
also be filed in the office of the Town Clerk and the Town Assessor.
Plats presented for filing must be 36 inches by 48 inches or less
in size, and must be printed or drawn with pen and india ink upon
transparent tracing cloth or printed on Mylar or polyester film or
be photographic copies on the same material.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Public acceptance of proposed streets and park areas. The approval
by the Planning Board of a final plat shall not be deemed to constitute
or imply the acceptance by the municipality of any street, park, playground,
or other open space shown on said plat. The Planning Board may require
said plat to be endorsed with appropriate notes to this effect. The
Planning Board may also require the filing of a written agreement
between the applicant and the Town Board covering future title, dedication,
and provision for the cost of grading, development, equipment, and
maintenance of any park or playground area.
