[Amended 12-17-1991, approved 2-6-1992]
All applications for approval of a plat and the accompanying maps, plans, documents and data shall be presented at the office of the Planning Board or transmitted thereto by mail in accordance with Article VII, Administrative Policies, § 112-47, Policy No. 1: Time Limits and Notices, Subsection B, Submissions.
The Planning Board recommends that, prior to
submission of a formal application for a preliminary plat or final
approval of a minor subdivision plat, the applicant prepare a sketch
plan of the plat for informal review by the Board. Review of a sketch
plan is recommended to facilitate general consideration of factors
and problems affecting development of the land before the applicant
proceeds with formal application.
A.
Sketch plan. The sketch plan should show sufficient
information to enable the Planning Board to make a general planning
review under the standards of these regulations. The sketch plan should
show at least the location of the plat in the neighborhood, a layout
of lots and streets and existing contours at intervals of 10 feet
and the location of watercourses, water bodies, wetlands and other
major natural features.
B.
Review. The Planning Board will hold an informal discussion
with the applicant and will recommend changes, improvements or guidelines
for the plat to assist the applicant in preparing maps and plans for
formal application.
[Amended 11-2-2000 by L.L. No. 4-2000]
Prior to establishment of any subdivision plat,
application shall be made to the Planning Board for preliminary approval
of the plat and, if so approved, for subsequent final approval of
the plat. The applicant may request the Planning Board to accept an
application for final consideration of a minor subdivision plat without
preliminary consideration and approval. Typically, a plat of lots
to which access is given by open development area private right-of-way
or easement is eligible for consideration as a minor plat. The Planning
Board may accept such final approval application for a minor subdivision
plat when:
A.
The final approval application is accompanied by an
application fee as specified on a schedule of fees adopted from time
to time by the Town Board;
B.
The Board determines that sufficient information will
be provided under final subdivision plat submission procedures to
make a reasonable decision on the application; and
In order to make application for preliminary
approval of a plat, the applicant shall submit the following:
A.
Application. Application for preliminary approval
of a plat shall be made to the Planning Board in writing on forms
prescribed by the Board and signed by the applicant or his lawful
agent; if the applicant is not the owner of the land to be subdivided,
the application shall also be signed by the owner or his lawful agent.
B.
Application fee. An application fee shall accompany
the application and shall be in amount as specified on a schedule
of fees adopted from time to time by the Town Board. All application
fees shall be made payable to the Town of Philipstown.[1]
D.
Preliminary profiles. Preliminary profiles, meeting the standards of § 112-22, shall be submitted with the application; five blue-line or black-line prints shall be submitted.
E.
Report. Five copies of a report shall be submitted
with the application, providing the following information:
(1)
The proposed method of providing water supply.
(2)
The proposed method of providing sewage disposal.
(3)
The results and evaluation of all seepage tests, deep
test pits and borings made on the tract.
(4)
Any off-site easements or drainage rights needed for
storm drainage.
(5)
Any additional information the applicant deems appropriate
to assist the Planning Board in making a decision on the application.
(6)
A completed environmental assessment form.
[Amended 11-2-2000 by L.L. No. 4-2000]
The following procedures shall be followed by
the Planning Board in its consideration of the application for preliminary
approval of the plat:
A.
Submission review. The Planning Board shall determine that an application submitted under § 112-11 is complete. If the Planning Board determines that the application is incomplete, the Board may by resolution reject it as ineligible for preliminary approval consideration. The Planning Board may request the submission of additional information that the Board deems necessary to determine compliance with the standards of these regulations, such as but not limited to the following:
(1)
That the land to be subdivided is of such character
that it can be used for building purposes without danger to health
or the public safety.
(2)
That proper provisions will be made for water, drainage
and sewerage.
(3)
That proper provision will be made for protective
flood control measures in areas contiguous to brooks, rivers or other
bodies of water subject to flooding.
(4)
That open spaces for parks and playgrounds will be
established in places deemed proper by the Planning Board.
(5)
That the proposed subdivision is in harmony with any
Master Plan of development adopted by the Planning Board and affecting
the area of the proposed subdivision.
B.
Referrals.
(1)
Upon receipt of a complete application eligible for
preliminary approval consideration, the Planning Board shall refer
a copy of the application and plat submission as follows:
(2)
The Planning Board may also refer a copy of the application
and plat submission to other boards or agencies as deemed appropriate.
C.
Hearing. Upon due notice as required by law, the Planning
Board shall hold a public hearing on the preliminary plat application.
D.
Preliminary decision. After the public hearing, the
Planning Board shall approve the preliminary plat, with or without
modifications, or disapprove it. The grounds for any modifications
or for disapproval shall be stated in the records of the Board.
In order to make application for final approval
of a plat, the applicant shall submit the following:
A.
Application. Application for final approval of a plat
shall be made to the Planning Board in writing on forms prescribed
by the Board and signed by the applicant or his lawful agent; if the
applicant is not the owner of the land to be subdivided, the application
shall also be signed by the owner or his lawful agent.
D.
Construction plans. Construction plans, meeting the standards of § 112-25, shall be submitted with the application; five blue-line or black-line prints shall be submitted.
E.
Additional evidence. The following additional information
shall also be submitted.
(1)
Evidence that the proposed provision for water supply
and sewage disposal has been approved by the Putnam County Department
of Health.
(2)
Evidence that plans for any street or drainage system
connecting to a state highway or county road have been submitted to
the New York State Department of Transportation or the Putnam County
Superintendent of Highways, as the case may be, and that application
for such connection has been made.
(3)
Evidence that any proposed modification of a wetland
or watercourse that is subject to regulation by the New York State
Department of Environmental Conservation or local law has been authorized
by the agency having jurisdiction.
(4)
In the event that any major regrading, cuts, fills or soil or rock removal is proposed in the subdivision, a grading plan meeting the standards of § 112-26. Five blue-line or black-line prints shall be submitted.
(5)
Design computations and data for any drainage systems
or central water supply and sanitary sewer systems.
The following procedures shall be followed by
the Planning Board in its consideration of the application for final
approval of the plat:
A.
Submission review. The Planning Board shall determine that the application submitted under § 112-13 is complete. If the Planning Board determines that the application is not in compliance with § 112-13, the Board may by resolution reject it as ineligible for final consideration. After an application has been accepted for final consideration, the Board may request the applicant to submit supplementary information that the Board deems necessary in order to make a reasonable decision on the application.
B.
Hearing. Upon due notice as required by law, the Planning Board shall hold a public hearing on the final approval application; provided, however, that the Board may waive the required hearing when the Board deems the final plat map to be in substantial agreement with a preliminary plat approved under § 112-12 and modified in accordance with any requirements of such approval.
C.
Final decision. After the public hearing, if any,
the Planning Board shall by resolution conditionally approve, conditionally
approve with modifications or disapprove the application, or shall
grant final approval and authorize the endorsement of the final plat
map. Conditions of approval shall include but are not limited to the
following, as applicable to the particular plat:
(1)
Presentation of the tracing of the final plat map,
as approved, including any modifications as required by the Board,
and as intended for filing with the Putnam County Clerk, and presentation
of one blue-line or black-line print of such map if there has been
a modification thereof as a result of final approval.
(2)
Presentation of five blue-line or black-line prints of the final plat map as filed with the Putnam County Clerk, showing all endorsements and acknowledgments of filing. (See § 112-15D.)
(3)
Presentation of a linen or polyester film tracing
of the approved construction plans and any grading plan; presentation
of five blue-line or black-line prints of such plans if there has
been a modification thereof as a result of final approval.
(4)
Completion of all required street, drainage and other plat improvements to be constructed to Town specifications and within a period of time specified by the Planning Board, or, in lieu of such completion prior to endorsement of the final plat map, the execution of an agreement and posting of a bond to guarantee such completion. (See §§ 112-16 and 112-19A.)
(5)
Presentation of copies of permits from the Putnam
County Superintendent of Highways and/or New York State Department
of Transportation for any street or drainage connections to a county
road or state highway.
(6)
Presentation of conveyances for any easements either shown on the final plat map or outside the plat if supporting a drainage, water supply and sanitary sewer system proposed to be dedicated to the Town of Philipstown or a special utility district. (See § 112-17.)
(7)
Presentation of formal offers of cession for all streets, rights-of-way and parks shown on the final plat map and proposed to be dedicated to the Town of Philipstown. (See § 112-17.)
(8)
Presentation of evidence that final arrangements have
been made for provision and ownership of central water supply and
sewage disposal systems as approved by the Planning Board.
The following are applicable to endorsement
for the final plat map and the filing thereof:
A.
Expiration of final approval. Conditional final approval
of a plat shall expire 180 days after the date of the resolution granting
conditional approval unless the conditions have been met and the final
plat map has been endorsed by the authorized officer of the Planning
Board. The Planning Board may extend, for periods of 90 days each,
the time in which a conditionally approved plat must be submitted
for signature if, in the Planning Board’s opinion, such extension
is warranted by the particular circumstances.
[Amended 11-1-2012 by L.L. No. 1-2012]
B.
Signing. Signing or endorsement of the final plat
map shall constitute final approval of the plat. The map shall be
signed by the officer of the Board authorized and designated in the
resolution of approval or conditional approval and only when all conditions
of approval have been met. The date of signing shall be shown on the
map by such officer.
C.
Filing. The endorsed final plat map shall be filed
or recorded in the office of the Putnam County Clerk by the applicant
within 60 days from the date of such endorsement.
D.
Copies of filed plat. Promptly after an endorsed final plat map has been filed or recorded in the office of the Putnam County Clerk, the applicant shall deliver to the Town the five prints required in § 112-14C(2).
E.
Expiration of endorsement. The endorsement of a final
plat map expires 60 days from the date of such endorsement unless
the map has been filed or recorded in the office of the Putnam County
Clerk.
A.
The street, drainage and other improvements required by these regulations, other than improvements in an open development area private right-of-way or easement, shall be completed on or before any completion date specified by the Planning Board as a condition of final approval of the plat. [See § 112-14C(4).]
B.
Extension of time for completion. Upon written request
by the applicant, the Planning Board may by resolution extend such
completion date for good cause and provided that the Planning Board
is satisfied that there is adequate evidence that the completion bond
will remain in full force and effect for the term of such extension;
sufficient improvements have been installed to support any existing
use or development within the subdivision plat; the construction work
is proceeding in accordance with plans as approved; the public health
and safety will not be impaired by the extension; otherwise, the Planning
Board may by resolution determine that the subdivision plat is in
default and fails to conform to the conditions of approval.
The applicant shall provide written conveyances, in a form satisfactory to the Town Board and Town Attorney, confirming all easements shown on the final plat map for drainage, water supply and sanitary sewer facilities to be dedicated to the Town of Philipstown or a special utility district and any easements located outside the plat if supporting such facilities [See § 112-14C(6).] Formal offers of cession for all streets, rights-of-way and parks shown on the final plat map and proposed to be dedicated to the Town of Philipstown shall be presented by the applicant as a deed of dedication in form satisfactory to the Town Board. [See § 112-14C(7).]
In accordance with a schedule of fees adopted
from time to time by the Town Board,[1] the applicant shall pay to the Town of Philipstown an
inspection fee equal to a percentage of the full cost, as estimated
by the Planning Board, for construction of street, drainage and other
subdivision improvements to be constructed to Town Road Specifications
or otherwise to be dedicated to the Town of Philipstown or a special
utility district.
The following are requirements pertaining to
bonds and the release thereof guaranteeing completion of streets,
drainage and other improvements, other than improvements in an open
development area private right-of-way or easement:
A.
Completion bond. The completion bond presented by the applicant [see § 112-14C(4)] shall be a surety, cash or savings account bond with security acceptable to the Town Board and approved by the Town Board as to form, sufficiency and manner of execution. The bond shall be in such amount as estimated by the Planning Board to be sufficient to insure the completion of all plat improvements and shall specify completion of such improvements within a period of time fixed by the Planning Board and not exceeding two years.
B.
As-built plans. Before release of any subdivision completion bond or reduction in the face value thereof under Subsection C below, or before the conditionally approved final plat map is endorsed when no bond has been posted but improvements have been completed, the applicant shall present construction plans, meeting the standards of § 112-25, showing the streets, drainage and other subdivision improvements as built and also showing the location of any gas mains and underground electric and telephone utilities. In lieu of such submission, the applicant's land surveyor or engineer may update and certify the tracing of the construction plans submitted under § 112-13D to show such information.
C.
Reduction of completion bond. Upon written request by the applicant and presentation of as-built plans as specified in Subsection B above, the Planning Board, during the term of the completion bond, may determine that street, drainage and other plat improvements required by these regulations have been installed in sufficient amount to warrant reduction in the face amount of such bond, and the Planning Board, after due notice and public hearing and with the approval of the Town Board, may approve reduction in the face value of the bond by an appropriate amount.
D.
Maintenance bond. Before release of a plat completion
bond or before the final plat map is endorsed when no bond has been
posted but improvements have been completed, the applicant shall execute
an agreement and file a maintenance bond to guarantee remedy of unforeseen
deficiencies in the required street, drainage and other subdivision
improvements. The maintenance bond shall be a surety, cash or savings
account bond with security acceptable to the Town Board and approved
by the Town Board as to form, sufficiency and manner of execution.
The bond shall be in such amount as estimated by the Planning Board
to be sufficient to insure remedy of unforeseen deficiencies and shall
run for a period of three years.
