[Adopted 10-6-1988 by Res. No. 101-88]
A.
Under the Town Law, the Philipstown Planning Board
has certain duties and responsibilities, such as to prepare and adopt
the Master Plan, approve plats and make reports and recommendations
to the Town Board as requested. In this regard:
(1)
Procedures for preparation and adoption of the Master
Plan are set forth in the Town Law (§ 272-a).
(3)
The Town Board has assigned to the Planning Board
additional responsibilities, including:
(b)
Approval of open development area private rights-of-way
in particular cases under § 280-a, Subdivision 4, of the
Town Law.
(c)
Approval of access for issuance of building permits
on unaccepted streets in filed plats under § 280-a, Subdivision
2, of the Town Law.
(d)
[3] Review and report to the Town Board on pending amendments
to the Zoning Law.
[3]
Editor's Note: Former Subsection A(3)(d), regarding special
use applications pending before the Zoning Board of Appeals, was repealed
9-25-2013 by L.L. No. 1-2013, which local law also redesignated former
Subsection A(3)(e) as Subsection A(3)(d).
B.
It is the duty of the Planning Board to carry out
its responsibilities in accordance with the Town Law, the Land Subdivision
Regulations, Zoning Law, Open Development Area General Regulations
and Policy Concerning Issuance of Building Permits on Unaccepted Streets
as well as the State Environmental Quality Review Act, the Freedom
of Information Law and §§ 239-k[4] through 239-n of the General Municipal Law. To that end,
the following General Administrative Policies are adopted in support
of procedures and requirements otherwise written and in effect.
[4]
Editor's Note: General Municipal Law § 239-k was
repealed by L. 1997, c. 451, § 2, effective 7-1-1998. See
now General Municipal Law § 239-f.
The office of the Planning Board is located
in the Philipstown Town Hall, 238 Main Street, Cold Spring, New York.
All original applications, maps, plans and documents, and correspondence
of the Board, shall be on file in the office of the Planning Board
(currently the office of the Building Inspector). Copies of the above
will be distributed to Planning Board members, may be distributed
to its advisors and will be made available to others in accordance
with applicable law.
All submissions to the Planning Board by applicants
and referrals by town agencies shall be made at the office of the
Planning Board. Unless otherwise determined by the Planning Board
in particular cases, submissions by applicants shall include the following,
as applicable:
A.
An original and 12 copies of any application and environmental
assessment form (short form or long form).
B.
Twelve copies of all maps and plans in connection
with a subdivision plat, open development area access or a permit
request on an unaccepted street.
D.
All applications, submissions, subsequent submissions
or referrals must be received at least 14 days before the next scheduled
meeting to be considered at said meeting. The Board may, by resolution,
agree to accept an application, submission, subsequent submission
or referral presented less than 14 days prior to such meeting. All
applications shall include a submission checklist appropriate to the
application. Such checklist shall be available to all prospective
applicants in the office of the Planning Board in the Philipstown
Town Hall. Such checklists may be adopted or amended by resolution
of the Planning Board.
[Added 12-17-1991; approved 2-6-1992]
[Added 5-6-2010 by Res.
No. 101-10]
The following policy and procedure shall apply to all applications
for land use approvals submitted to the Planning Board of the Town
of Philipstown:
A.
The Planning
Board may deem any land use approval application upon which there
has been no activity for a period of at least one year to have been
abandoned and discontinued by the applicant;
B.
The Planning
Board shall not adopt a resolution deeming an application abandoned
unless the Planning Board has first given written notice to the application
that, unless the applicant resumes active pursuit of the application
within 30 days, the Planning Board will deem the application abandoned
and will discontinue review of it, and following such notice the applicant
fails to resume active pursuit of the application;
C.
Upon adoption
by the Planning Board of a resolution deeming a land use approval
application to have been abandoned, any surplus funds held in escrow
for payment of consultants' review fees will be refunded to the applicant;
and
D.
Following
adoption of a resolution deeming an application abandoned, a new application
and payment of all application fees required by the Town Code shall
be required before the Planning Board will consider any subsequent
application for land use approvals for the subject property.
A.
The Building Inspector/Zoning Administrative Officer
is to receive all submissions at the office of the Planning Board
and:
(1)
To date and file the original of the same;
(2)
Promptly to notify the Chairman of the Planning Board
of any submission and to provide all members of the Planning Board
with a copy thereof;
(3)
To make copies available to the public, in accordance
with applicable law; and
(4)
To provide a copy to the Planning Consultant and other
advisors to the Board as may be the practice of the Board.
B.
The Building Inspector/Zoning Administrative Officer
is authorized to request additional copies of maps and plans from
applicants as may be needed for review by Planning Board members,
town officials and agencies and agencies of the County of Putnam and
State of New York.
The Planning Board shall designate a Secretary,
who shall serve at the pleasure of the Board and who has the responsibility
to take and prepare the minutes of meetings and hearings and to carry
out other duties concerning records, files, notices and correspondence
as determined by the Board.
A copy of all resolutions and other actions
of the Planning Board shall be promptly filed with the Town Clerk
by the Secretary or Chairman. A copy of minutes of meetings and hearings,
both before and after approval by the Planning Board, shall be filed
with the Town Clerk.
The third Thursday of each month at 7:30 p.m.
in the Town Hall is designated as the day, time and place for regular
meetings of the Planning Board. Other meetings are held at the call
of the Chairman or upon a majority of the members of the Planning
Board. The Chairman may cancel a meeting for lack of business or a
quorum or for reasons of weather or other physical conditions that
make the meeting arrangement impractical and, with the consent of
a majority of the members, change a particular meeting to another
day, time and place.
A majority of the number of members of the Planning
Board authorized by the Town Board under § 271 of the Town
Law shall constitute a quorum. The concurring vote of a majority of
the number of members authorized by the Town Board under § 271
of the Town Law shall be necessary to decide any application, plan,
request or other issue pending before the Board.
Written agendas for regular meetings shall be
prepared at least five days in advance by the Chairman, assisted by
the Secretary and/or Building Inspector/Zoning Administrative Officer.
A copy shall be mailed to each member five days in advance of the
meeting and filed with the Town Clerk for posting. Items may be subsequently
added to the agenda for a regular meeting by majority vote of the
Planning Board.
The Planning Board is required by law to hold
duly advertised public hearings prior to action on plats, Subdivision
Regulations, temporary special use permits (soil and stone removal)
and the Master Plan. The Planning Board may hold a special public
hearing concerning any other matter, including site plan submissions,
over which the Board has a responsibility for approval or for a report
to the Town Board. The following are also applicable to public hearings:
A.
General notice. Notice of a public hearing shall be
given by publication of notice in the town newspaper of record at
least five days in advance of the hearing, by filing a copy of the
notice with the Philipstown Town Clerk and by sending a copy of the
notice by certified mail to the involved applicant, if any. Notice
of a public hearing concerning the Master Plan, however, shall be
given 10 days in advance.
B.
Notice to property owners. In the case of public hearings
concerning proposals by applicants, the Secretary of the Planning
Board is expected, but is not required, to transmit by regular mail
a copy of the public hearing notice to the owners of all lots any
part of which may lie within 500 feet of the lot where the plat, site
plan or applicant proposal occurs. The Secretary may ascertain owners'
names and addresses for the mailing from the current tax assessment
roll or from a list that may have been required to be supplied by
an applicant in connection with an application. This notice to such
owners is deemed to be a courtesy and not a requirement of law precedent
to holding the hearing.
C.
Special public hearings.
(1)
Public hearings on certain matters for which the Planning
Board has responsibility is discretionary but shall be held at the
call of the Chairman, the vote of the Planning Board or the request
of the Town Board. The Planning Board will consider requests for special
public hearings received from applicants, property owners and citizens.
In general, special public hearings may be held concerning projects
and subjects:
(a)
Which are larger in scope or of general community
interest (more than 5,000 square feet of floor area; 50 or more parking
spaces; use or storage of toxic or hazardous substances; activity
in a flood hazard area);
(b)
Where there is known to be controversy;
(c)
When collection of information and opinion in
a public hearing format is appropriate to establish the record of
the application; and
(d)
When deemed beneficial to lay open a significant
subject occurring in a neighborhood that might otherwise be unaware.
(2)
Special public hearings are not expected to be held
on minor additions, corrections or changes in buildings or site development
that are subject to site plan submission.
