Town of Red Hook, NY Approval Procedure

If required, prior to the submission of a sketch plat, an applicant shall prepare a resource analysis map which meets the requirements of § 120-23, and participate in a discussion with the Planning Board to determine a conceptual plan for the proposed subdivision.

Five copies of the resource analysis map shall be submitted to the Clerk of the Planning Board at least 10 days prior to the regular meeting of the Planning Board. Payment of a nonrefundable filing fee in accordance with the subdivision fee schedule shall accompany the submission.

Study of resource analysis map. The Planning Board shall review the applicant's resource analysis map and discuss the proposed subdivision with the applicant. The applicant should be prepared to discuss possible subdivision concepts, based on the site's resource analysis, and how the subdivision concepts can meet the objectives of Town regulations. The resource analysis map and conceptual design discussion will form the basis for the design of the subdivision and should be reflected in the sketch plan and subsequent plans. Any requirements of these regulations which the applicant requests to be waived should be discussed at this time. No statement, comment or other communication made during this informal review shall be binding on any party. The Planning Board may provide the applicant with written comments, which may be in the form of meeting minutes, regarding whether the resource analysis plan meets the objectives of this chapter. If comments are received, such comments shall be incorporated by the applicant into the sketch plat. If no comments are received within 62 days of submission of the resource analysis map, the applicant may proceed to sketch.

The resource analysis map and conceptual discussion does not allow filing of a plat with the Dutchess County Clerk or authorize the sale or lease of or any offer to sell or lease any lots in such subdivision or any part thereof. The resource analysis map and conceptual discussion allows the applicant to proceed with sketch plat application.

Conservation subdivision. The applicant is encouraged at this time to identify a party to accept a conservation easement over the required open space which may provide input as to which land has conservation value and which land is suitable for development.

§ 120-8 Sketch plat.

Submission of sketch plat. The property owner or his duly authorized representative shall submit to the Clerk of the Planning Board at least 10 days prior to the regular meeting of the Planning Board a sketch plat application and five copies of a sketch plat of the proposed subdivision for purposes of classification and preliminary discussion. A portion or all of the required copies of the sketch plat may be submitted electronically to the extent procedures for such submission have been adopted by the Planning Board. If the proposed subdivision includes five or more lots, the sketch plat shall conform to the requirements listed in Article VII, § 120-25, of this chapter. The sketch plat should reflect what was learned from the site's resource analysis map, where required, and conceptual discussion with the Planning Board, where required.

Classification and designation. Classification of the sketch plat is to be made at the regular meeting by the Planning Board as to whether it is a minor or major subdivision, as defined in this chapter. A notation regarding classification shall be made by the Planning Board directly on the sketch plat. The Planning Board may require, however, when it deems necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plat is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article IV, § 120-9, of this chapter. If the sketch plat is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article IV, §§ 120-10 and 120-11. The Planning Board shall, based upon input provided by the applicant, also designate the name by which the subdivision shall be known.

Study of sketch plat.

The Planning Board shall, within 62 days after submission, determine whether the sketch plat meets the objectives of this chapter and shall, where it deems necessary, make, in writing, specific recommendations to be incorporated by the applicant in the next submission to the Planning Board. In its review, the Planning Board may schedule a field visit to the site. To facilitate the inspection of the site, the subdivider shall have the corners of the property, proposed lot corners and the center line of any proposed streets marked by temporary stakes. The subdivider and/or his representatives may be requested to accompany the Planning Board during its site visit.

Sketch plat review requires the filing of an initial application and payment of a nonrefundable fee in accordance with the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board. Sketch plat endorsement does not allow filing of a plat with the Dutchess County Clerk or authorize the sale or lease of or any offer to sell or lease any lots in such subdivision or any part thereof.

§ 120-9 Minor subdivisions.

Application and fee. Within six months of the classification by the Planning Board of the sketch plat of a proposed subdivision as a minor subdivision, the property owner or his duly authorized representative shall submit an application for approval of a minor subdivision plat. The plat shall conform to the layout shown on the sketch plat and incorporate any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article VII, § 120-24, of this chapter. Any application for plat approval for a minor subdivision shall be accompanied by the applicable nonrefundable fee.

Number of copies. The application for approval of a minor subdivision plat, complete with eight copies of the subdivision plat and all further required data specified within Article VII, § 120-24, shall be filed with the Clerk of the Planning Board at least 10 days prior to the regular meeting of the Planning Board, at which meeting it shall be introduced and considered officially received by the Planning Board for purposes of this chapter. A portion or all of the required copies of the plat and data may be submitted electronically to the extent procedures for such submission have been adopted by the Planning Board.

Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the minor subdivision plat.

Public hearing. Within 62 days of the receipt of the complete application for a subdivision by the Planning Board, the Planning Board shall hold a public hearing on such plat. Notice of the public hearing shall be advertised at least once in an officially designated general circulation newspaper of the Town at least five days before such hearing. If the Planning Board is serving as lead agency under SEQRA, and if the Planning Board has determined that a DEIS is required, a public hearing shall be held on the DEIS. The public hearing on the DEIS and the public hearing on the subdivision application shall be consolidated and held jointly, in which event the hearing must be advertised at least once in a newspaper of general circulation in the Town at least 14 days prior to the hearing. 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 plat. The hearing on the plat shall be closed upon a motion of the Planning Board within 120 days after it has opened, unless extended by mutual consent of the applicant and the Board.

Decision on subdivision plat.

If no DEIS has been required, the Planning Board shall, within 62 days after the close of the public hearing required on such plat, approve, with or without modifications, or disapprove the plat. This time may be extended upon mutual consent of the applicant and the Planning Board.

If a DEIS has been required, the final environmental impact statement (EIS) shall be filed within 45 days following the close of the public hearing in accordance with the provisions of SEQRA. Within 30 days of the filing of such final EIS with the Planning Board, the Planning Board shall issue findings on the final EIS and make its decision on the plat. This time may be extended upon mutual consent of the applicant and the Planning Board.

The Board shall specify, in writing, its reasons for any such disapproval. In the event that the hearing is not held or if the Board fails to disapprove the subdivision plat within the time periods prescribed above, the plat shall be deemed approved in accordance with the provisions of § 276 of the Town Law. The time in which the Planning Board must take action may only be extended by mutual consent of the applicant and the Planning Board.

(4)

Upon a resolution of approval, a reproducible Mylar and not fewer than four copies of the subdivision plat shall be provided by the applicant and properly signed by the Chair of the Planning Board. The subdivision plat may then be filed by the applicant in the office of the Dutchess County Clerk. Any minor subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.

(5)

Conditional approval. If conditional approval is granted, the Planning Board shall empower the Chair of the Planning Board to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be so certified by the Clerk of the Planning Board as conditionally approved, a copy filed in the Planning Board office and a copy so certified mailed to the subdivider. The copy mailed to the subdivider shall include, by attachment of the Planning Board's resolution, a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the conditions and requirements have been certified as completed within that time. The Planning Board may, however, extend upon written request of the applicant the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted, for periods of 90 days each.

§ 120-10 Preliminary plat for major subdivisions.

Application and fees. Prior to the filing of an application for the approval of a major subdivision plat and within six months of the classification by the Planning Board of the sketch plat of a proposed subdivision as a major subdivision, the property owner or his duly authorized representative shall file an application for consideration of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form and include all the data prescribed by Article VII, § 120-27, hereof. The preliminary plat shall, in all respects, comply with the requirements of §§ 276 and 277 of the Town Law and this chapter, except where a waiver of any specific requirement may be specifically requested, in writing, from and authorized by the Planning Board. Payment of a nonrefundable fee shall accompany all applications for approval of a preliminary plat for a major subdivision.

Purpose.

The preliminary plat and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board. Later one copy shall become the official record of the Town Clerk. The preliminary plat and supporting documents shall show the layout of the subdivision and its required improvements, both public and private, so that the Planning Board can indicate its approval or disapproval of the subdivision prior to the time that the final plat, including the final engineering design and detailing of the required improvements and utilities, is completed.

Approval of the preliminary plat does not constitute an approval of the final plat, nor should it be considered a valid basis for the construction of site improvements or other commitments which depend upon its design characteristics, except as may otherwise be specifically authorized by the Planning Board.

The preliminary plat shall additionally serve as a key map to subdivisions subsequently laid out in sections on final plats.

Number of copies. The application for approval of the preliminary plat, complete with eight copies of the preliminary plat, shall be filed with the Clerk of the Planning Board at least 10 days prior to the regular meeting of the Planning Board, at which meeting it shall be introduced and considered officially received by the Planning Board for purposes of this chapter. A portion or all of the required copies of the plat and related documents may be submitted electronically to the extent procedures for such submission have been adopted by the Planning Board. A proposed submission which does not include all the required drawings and documents specified within Article VII, § 120-27, of this chapter shall not be accepted by the Clerk of the Planning Board for purposes of assignment to the agenda as a preliminary plat submission.

Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.

Study of preliminary plat. The Planning Board shall study the practicality of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relationship to the topography of the land, location of prospective homesites, water supply, sewage disposal, drainage, lot areas and configuration, the future development of lands as yet unsubdivided and the requirements of the Master Plan, the Official Map, if one exists, and Chapter 143, Zoning. In its review of the preliminary plat, the Planning Board may consult with its private planning, engineering and legal consultants, as well as other Town officials, boards, agencies and departments.

Public hearing. Within 62 days of the receipt of the complete application for a preliminary subdivision plat by the Planning Board, the Planning Board shall hold a public hearing on such plat. Notice of the public hearing shall be advertised at least once in an officially designated general circulation newspaper of the Town at least five days before such hearing. If the Planning Board is serving as lead agency under SEQRA, and if the Planning Board has determined that a DEIS is required, a public hearing shall be held on the DEIS. The public hearing on the DEIS and the public hearing on the subdivision application shall be consolidated and held jointly, in which event the hearing must be advertised at least once in a newspaper of general circulation in the Town at least 14 days prior to the hearing. 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 plat. The hearing on the plat shall be closed upon a motion of the Planning Board within 120 days after it has opened, unless extended by mutual consent of the applicant and the Board.

Decision on preliminary subdivision plat.

If a DEIS has been required, the final EIS shall be filed within 45 days following the close of the public hearing in accordance with the provisions of SEQRA. Within 30 days of the filing of such final EIS with the Planning Board, the Planning Board shall issue findings on the final EIS and make its decision on the plat. This time may be extended upon mutual consent of the applicant and the Planning Board.

The Board shall specify, in writing, its reasons for disapproval. Failure of the Planning Board to take action on a preliminary plat within the time prescribed therefor shall be deemed approval of the preliminary plat in accordance with the provisions of § 276 of the Town Law.

(4)

When approving a preliminary plat, the Planning Board shall state, in writing, the modifications, if any, it deems necessary for submission of the plat in final form with respect to the specific changes which it will require in the preliminary plat, the extent of waivers which may have been specifically requested and which, in the Planning Board's opinion, may be authorized without jeopardy to the public health, safety and general welfare and the categories of improvement and the estimated amount of all bonds or similar performance guaranties which the Planning Board shall require as a prerequisite to approval of the final plat.

(5)

The action of the Planning Board, plus any conditions attached thereto, shall be noted on three copies of the preliminary plat, which notation may occur by attachment of a copy of the Planning Board's resolution. One copy shall be returned to the subdivider, one copy shall be retained by the Planning Board, and one copy shall be forwarded to the Town Board through the Town Clerk. Prior to the approval of the final plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.

§ 120-11 Final plat for major subdivisions.

Application and fee.

Following approval, with or without modifications, of the preliminary plat, the property owner or his duly authorized representative shall prepare a final plat, together with all other supplementary documents, in accordance with Article VII, § 120-29, of this chapter, which final plat shall specifically address each of the conditions set forth in the preliminary plat approval resolution. The application for final plat approval for a major subdivision or any section thereof shall be accompanied by a processing fee in accordance with the Town's subdivision fee schedule.

The final plat and other supplementary documents shall be filed with the Clerk of the Planning Board, together with a written application for final approval, within 180 days after approval, with or without modifications, of the preliminary plat, unless such time limit is extended by mutual consent of the applicant and the Planning Board.

Purpose. The final plat and the supporting documents for a proposed subdivision constitute the complete plans for development of the subdivision proposal. After public hearing, as may be required, and approval by the Planning Board, this complete submission, along with the applicable performance guaranty and the general liability insurance policy, as approved by the Town Board, becomes the basis for the development of the subdivision, the installation of required improvements and the applicable inspection services by the Planning Board, the designated Town Engineer or other delegated Town officials.

Number of copies. The application for approval of the final plat, complete with eight copies of the final plat, shall be filed with the Clerk of the Planning Board at least 10 days prior to the regular meeting of the Planning Board, at which meeting it shall be introduced and considered officially received by the Planning Board for purposes of this chapter. A portion or all of the required copies of the plat and related documents may be submitted electronically to the extent procedures for such submission have been adopted by the Planning Board. A proposed submission which does not include all the required drawings and documents specified within Article VII, § 120-29, of this chapter shall not be accepted by the Clerk of the Planning Board for purposes of assignment to the agenda as a final plat submission.

Approval procedure.

Within 62 days of the receipt of the final plat by the Planning Board, the Planning Board shall hold a public hearing, if required, on such final plat. Such hearing shall be advertised at least once in an officially designated general circulation newspaper of the Town; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under Article IV, § 120-10, of this chapter and modified in strict accordance with requirements of such approval, if such preliminary plat has been approved with modifications, the Planning Board may waive by resolution the requirement for such public hearing.

Within 62 days of the close of such public hearing or from the date of receipt of the application by the Clerk of the Planning Board if no such hearing is held, the Planning Board shall act by resolution on the final plat. The Planning Board shall either approve, conditionally approve, with or without modification, or disapprove the final plat. The time in which the Planning Board must take action may only be extended by mutual consent of the owner and the Planning Board. Failure of the Planning Board to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat in accordance with the provisions of § 276 of the Town Law.

Conditional approval.

(a)

If conditional approval is granted, the Planning Board shall empower the Chair of the Planning Board to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be so certified by the Clerk of the Planning Board as conditionally approved, a copy filed in the Planning Board office and a certified copy mailed to the subdivider, which shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat.

(b)

Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. Upon specific written request by the applicant, the Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted, for periods of 90 days each.

Final approval and filing. Upon completion of the requirements in this section and Article V, §§ 120-14 and 120-15, of this chapter, and notation to that effect upon the subdivision plat, the subdivision plat shall be deemed to warrant final approval. A reproducible Mylar and not fewer than four copies, as provided by the applicant, shall be properly signed by the Chair of the Planning Board upon receipt of notification that the required performance guaranty and liability insurance, as may be requested, have had the approval of the Town Attorney and that the performance guaranty has been accepted by the Town Board. The final plat may then be filed by the applicant in the office of the Dutchess County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any street or other land shown as offered for cession to public use and/or ownership.

Expiration of approval.

The approval of a final plat shall expire 62 days after the signing of the plat by the Chair of the Planning Board unless filing of the plat is accomplished within that time period in the office of the Dutchess County Clerk in accordance with § 279 of the Town Law.

Expiration of an approval shall mean that any further action shall require submission of a new application, payment of a new filing fee, conduct of an additional public hearing and Planning Board review of all previous findings. On and after such expiration of plat approval, any formal offers of cession which may have been submitted by the subdivider shall be deemed to be invalid, void and of no effect.

Filing in sections.

At the time of final plat approval, the Planning Board may permit the plat to be divided into two or more sections subject to any conditions the Board deems necessary to ensure the orderly development of the plat.