Town of Philipstown, NY Administrative Policies

Section 112-8 above specifies that all submissions be presented as follows:

At the office of the Planning Board in the Philipstown Town Hall; or

By mail to the Board at the Town Hall.

Date of application. The date of application for the purpose of determining time limits will be the scheduled meeting occurring at least 14 days after the materials are received; the Board may, by resolution, agree to accept an application presented less than 14 days prior to the meeting.

[Amended 12-17-1991, approved 2-6-1992]

All applications to the Board 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]

Subsequent submissions. Any subsequent submission supplementing an application 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 a subsequent submission presented less than 14 days prior to such meeting.

[Added 12-17-1991, approved 2-6-1992]

Informal review. No time limits are applicable in the case of Planning Board informal review of sketch plan under § 112-9. An informal submission and sketch plan review are strongly recommended but are not mandatory.

Time limits and notices. The following time limits and notices are applicable during the course of the plat review and decision process:

Preliminary hearing. The hearing on preliminary application by Planning Board shall be held within 45 days after the date of submission of the application.

Notice. Notice of the hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing.

Filing. It is the practice of the Planning Board that a copy of the maps and plans be on file in the Town Hall for public inspection during the notice period.

Preliminary decision. Planning Board approval with or without modifications or disapproval of the plat shall be rendered within 45 days after such hearing.

Records. The Planning Board shall state in its records the grounds for any modifications required or the grounds for disapproval.

Extensions. The time in which the Planning Board shall take action after the hearing may be extended by mutual consent of the applicant and the Planning Board.

Certification. Within five days of the approval of the preliminary plat, it shall be certified by the Clerk of the Planning Board as granted preliminary approval and:

[1]

A copy filed in the office of the Planning Board; and

[2]

A certified copy mailed to the applicant.

Final: submission. The applicant must submit a complete application for final approval within six months of the date of preliminary approval.

Revocation. If the final application is not submitted in six months, approval of the preliminary plat may be revoked by Planning Board.

Final: hearing. The hearing on final application by Planning Board shall be held within 45 days after the date of submission of the application.

Waiver. If the Planning Board deems that final plat is in substantial agreement with the approved preliminary plat, including required modifications, the required hearing may be waived by the Board.

Notice. Notice of the hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing.

Filing. It is the practice of the Planning Board that a copy of the maps and plans be on file in the Town Hall for public inspection during the notice period.

(5)

Final: decision. Planning Board conditional approval, conditional approval with modifications, disapproval or grant of final approval (and signing) of the final plat shall be rendered within 45 days after the hearing; or submission, if no hearing is held.

Extension of decision. The time in which the Planning Board shall take final action may be extended by mutual consent of the applicant and the Planning Board.

Authorized officer. Upon resolution of conditional approval, the Planning Board shall empower a duly authorized officer to sign the plat subject to completion of requirements of the resolution.

Certification. Within five days of the resolution, the plat shall be certified by the Clerk as conditionally approved and:

[1]

A copy filed in the office of the Planning Board; and

[2]

A certified copy mailed to the applicant, including a certified statement of the requirements conditional to signing the map.

(d)

Signing. Upon completion of conditions, the plat shall be signed by the authorized officer.

(e)

Expiration. Conditional approval expires 180 days after the date of the resolution unless the conditions or requirements have been certified as completed.

(f)

Extension for signing. The Planning Board may extend the time in which the conditionally approved plat must be submitted for signature, for not to exceed two additional periods of 90 days each.

(6)

Filing plat. The signature constituting final approval expires 60 days from the date of signing unless the plat has been duly filed or recorded by the applicant in the office of the Putnam County Clerk.

Failure to act. In the event that the Planning Board fails to act under Subsection D(2) and (5) above, the following are applicable:

Preliminary. The preliminary plat is deemed granted preliminary approval.

Certificate. A certificate of the Clerk of the Town, as to the date of submission and the failure 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.

Final. The final plat shall be deemed approved.

Time limits. For submission of the final plat under Subsection D(3) and for filing or recording the plat under Subsection D(6), time periods are measured from the date of issuance of the certificate by the Clerk of the Town under Subsection E(1)(a) or (2)(a).

§ 112-48 Policy No. 2: Referrals by Town and Applicant.

General. The regulations provide for review and/or approval of plat applications and plans by officials or agencies other than the Planning Board. Referral to other officials or agencies will be made by the Board or the applicant as hereinafter specified.

Preapplication.

It is expected that the applicant, in the preparation of a preliminary plat, will confer for planning purposes with appropriate county and state agencies that may have future jurisdiction or counsel with regard to elements such as:

Street and drainage connections to state highways and county roads.

Protection of conservation resources.

Water quality and water resources.

(d)

Soil conditions and erosion control.

(e)

Central water supply or sewage disposal systems.

(f)

On-site water and sewer systems.

Informal review of a sketch plan by the Planning Board (§ 112-9) is recommended.

Preliminary plat application. When a complete application for preliminary approval is received, the Planning Board, as deemed appropriate, will refer the preliminary plat, profiles and reports as follows:

To the Town of Philipstown Superintendent of Highways or to the engineer or representative designated by the Philipstown Town Board.

To the Town Board and Town Attorney concerning any proposed parks, playgrounds, special easements, water or sewer districts or other features involving future Town Board administrative jurisdiction or legal questions.

To other Town boards or advisory committees having responsibilities, such as with regard to recreation, conservation and fire protection elements.

To the planning consultant for the Board, such as with regard to overall planning of the plat.

(5)

To the Putnam County Soil and Water Conservation District, such as with regard to cases of severe soil erosion and sedimentation potentials.

Prior to final plat application. Prior to submission of the final approval application, the applicant will make the following referrals of appropriate maps and plans:

To the Putnam County Department of Health [§ 112-13E(1)] for approval of plans for water supply and sewage disposal, and any approval will be endorsed on the final plat map prior to submission of the final approval application.

To the New York State Department of Transportation and/or the Putnam County Superintendent of Highways for an application for street or drainage connections to state highways or county roads [§ 112-13E(2)].

To the Town of Philipstown Superintendent of Highways or to the engineer or representative designated by the Philipstown Town Board for approval of the construction plans for streets and drainage.

To the New York State Department of Environmental Conservation concerning any regulated wetlands and watercourses [§ 112-13E(3)].

Final plat application. When a complete application for final approval is received, the Planning Board, as deemed appropriate, will refer the final plat, profiles and data as follows:

To the Putnam County Planning Board under § 239-n of the General Municipal Law.

To the Town Board and Town Attorney concerning proposed parks, playgrounds, special easements, water or sewer districts or other features involving Town Board administrative jurisdiction or legal questions.

To the planning consultant of the Board, such as with regard to overall planning of the plat.

To the Putnam County Soil and Water Conservation District, such as with regard to construction plans and a program for soil erosion and sedimentation control (§§ 112-28 and 112-41).

Final plat approval. In connection with final approval procedures, including conditions for approval, the following referrals will be made by the Planning Board, as appropriate:

Completion bonds to the Town Board for approval as to security and as to form, sufficiency and manner of execution (§ 112-19A).

Conveyances, easements and offers of cession for streets, rights-of-way and parks to the Town Board for approval as to form and manner of execution (§ 112-17).

Maps, plans or documentation concerning water and sewer districts to the Town Board for approval.

Plat completion. Upon completion of required street, drainage and other improvements in the plat, the following referrals will be made by the Planning Board, as appropriate:

The as-built construction plans to the Town of Philipstown Superintendent of Highways or the engineer or representative designated by the Philipstown Town Board (§ 112-19B).

Maintenance bonds to the Town Board for approval as to security and as to form, sufficiency and manner of execution (§ 112-19D).

§ 112-49 Policy No. 3: Conveyances and Bonds.

General. As specified in the regulations, certain documents must be in a form satisfactory to the Town Board. Documents include conveyances for easements; formal offers of cession for streets and parks; completion bonds; and maintenance bonds. When received, each will be referred to the Town Board, and the Town Board will exercise its judgment as to each case. Specified below are general guidelines as to form and content.

Easements. Conveyances of easements will refer to specific strips of land or areas identified on the final plat map and will consist of conveyance of rights to the Town, to be exercised only at the option of the Town, for purposes such as construction, reconstruction, maintenance, repair and use of pipes and drainage facilities; and the discharge of stormwater runoff. The conveyance should be accompanied by the following:

A copy of the title abstract for the property and a title certificate.

A waiver of mechanics' liens in a form acceptable to the Town Board.

A letter from the Receiver of Taxes certifying that any taxes due the Town of Philipstown have been paid.

Offers of cession. A offer of cession for streets and parks will consist of a deed of dedication and refer to the particular streets, rights-of-way and properties to be conveyed and identified on the final plat map. Any covenants and warranties will need to be acceptable to the Town Board and the deed should be accompanied by the following:

A copy of the title abstract for the property, and a title certificate.

A waiver of mechanics' liens in form acceptable to the Town Board.

A letter from the Receiver of Taxes certifying that any taxes due the Town of Philipstown have been paid.

Bonds. Subdivision completion bonds to guarantee the completion of required subdivision improvements and maintenance bonds to guarantee the remedy of unforeseen deficiencies should be duly executed on forms provided by the Town and with proper references to all maps and plans, showing the streets, drainage and other improvements covered by the bond. Any bond to which a surety company is a party should have attached thereto the power of attorney of the person executing the bond for the company. Cash bonds should be in the form of certified checks. Savings account bonds should be accompanied by the savings account passbook, a withdrawal slip in the amount of the bond, properly endorsed and made payable to the Town of Philipstown and a letter from the bank acknowledging that the account has been assigned to the Town of Philipstown.

§ 112-50 Policy No. 4: Notes on Maps and Plans.

General. Maps and plans will bear notes constituting references and restrictions. When applicable to a particular plat, the wording hereinafter specified shall be used for notes except as otherwise approved or required by the Philipstown Planning Board or Town Board.

Unsuitable or unapproved lots.

"This is not an approved building lot."

Private Way.

	"The access to building lots by private rights-of-way or easements shown on this map is approved by the Philipstown Planning Board under the 'Open Development Area General Regulations' of the Town of Philipstown. Said rights-of-way or easements are privately owned and privately maintained and are neither Town roads, streets or highways nor approved for acceptance by the Town. The Town of Philipstown is not responsible for maintenance of said rights-of-way or easements. This map is not an offer of cession or dedication of said rights-of-way or easements to the Town.
		Acknowledged by
	Date
		Applicant"

Turnaround easements.

"Easement for temporary turnaround and general highway purposes, which easement shall automatically terminate upon acceptance by the Town of Philipstown of any extension of the street."

Construction easements.

"A temporary easement to the owner of each street on this map for grading of slopes shall exist over all land within 25 feet of the right-of-way line of such streets, which easement shall expire three years after the date of acceptance of the street by the Town of Philipstown."

Sight easements pertaining to areas delineated over lots at street corners.

"The sight easement shown hereon establish the perpetual right of the owner of the abutting street or highway, or his authorized agents, to clear, regrade and maintain the area within these easements at such elevation that there is a clear line of sight anywhere across the easement area between an observer's eye at an elevation of 3.5 feet above the pavement edge and an object one foot above the pavement edge."

Driveway access: corner lot.

"There shall be no motor vehicle access, including driveways, from Lot No. _____ across the right-of-way line of _________________ Street."

Driveway access: crossing.

"Motor vehicle access to Lot No. _____ , including driveways, shall be placed so as to cross the right-of-way line of _________________ Street only across the 'Motor Vehicle Access Crossing' designated for such lot."

Central utilities.

"Lots on this map are approved on condition that each lot be provided with a central water supply and/or sanitary sewer system. No structures on the lots shall be occupied until such systems are operative and are approved by the governmental agency having jurisdiction and suitable connections have been provided from such structures to the system."

Encroachment lines.

"Within the area bounded by the encroachment lines delineated on this map, no building or other structure shall be located or constructed, and there shall be no excavation, grading or filling of land or dumping of materials except as authorized under construction plans and/or grading plans approved in connection with this map."

Building lines.

"No building or other structure shall extend toward the right-of-way line of __________________ Street a distance less than the building line delineated on this map."

Authorization for filing plat map.

	"Approved for filing in the office of the Putnam County Clerk:
	Date
		Owner
	Date
		Applicant (if not owner)"

§ 112-51 Policy No. 5: Completion Bonds, Term and Face Value.

General. Under § 277 of the Town Law, all street, drainage, water supply, sanitary sewerage and other required improvements in subdivision plats are to be installed prior to signing of the final plat map by the authorized officer of the Planning Board, or such installation is to be guaranteed by a completion bond posted prior to map endorsement. The Planning Board is responsible for approval of the term of the bond, which under the Town Law shall not exceed three years, and the bond is to be sufficient in amount to cover the full cost of the work as estimated by the Planning Board. The bonding or surety company, or the security posted by the owner, is subject to the approval of the Town Board, as is the form, sufficiency and manner of execution of the bond.

Term. As specified in the Land Subdivision Regulations, the term for completion of required installation of improvements will be set by the Planning Board in its resolution of approval of a plat. In any event, the maximum term of a completion bond approved by the Planning Board will not exceed two years. The Planning Board, in its resolution approving a plat, will specify a specific date by which the required improvements are to be completed (whether to be installed prior to endorsement or to be installed after endorsement and guaranteed by bond), which date may provide for a term of less than two years. In approving a term for completion, and for a completion bond, the Planning Board will consider the scope and size of the plat and improvements required, a reasonable time for workmanlike completion of the improvements and the available months in the building season. In general, the approved term will not exceed 1 1/2 building seasons, and sufficient months in a second season will be reserved for completion of the improvements at Town initiative in the event of default. The applicant may consider division of the plat into sections, each with separate bonds, in order to arrange construction projects capable of completion within this policy.

Modification of term. It is expected that all required plat improvements be completed within the term specified by the Planning Board. Under § 277 of the Town Law, extension of the term of a bond may be approved by the Planning Board with the consent of the parties. In making any such extension, the Planning Board will be guided by the following:

The owner will request the extension in writing, specifying a new completion date. The written request will be accompanied by the written consent to the extension by the owner and the surety, who will specify their acknowledgment that all rights of the Town are continued for the term of the extension.

If the extension is approved by the Planning Board, the request for extension will be transmitted for approval by the Town Board, representing the Town as a party of interest.

Consents for extension (written consent of the owner and surety and copies of resolutions of the Planning Board and Town Board) will be attached to the bond on file.

Extension will be approved by the Planning Board only upon the following findings:

That the extension will not imperil the health, safety and property values in the plat nor hinder the reasonable use of lots in the plat for which title may have been transferred.

That the owner has presented a reasonable program and schedule for completion of the work.

That good cause for the extension has been demonstrated by the owner, such as:

[1]

Assurance of better quality of construction;

[2]

Weather conditions and other natural causes outside the control of the owner; or

[3]

If the extension is not granted, risk of erosion or other consequences related to the building season and the condition of the site.

(d)

That the extension is necessary to achieve the reasonable completion of the required improvements in a timely manner and not beyond the time when the improvements are actually needed and must be functional.

(e)

That the extension will reserve a portion of a building season for completion of improvements at the initiative of the Town in the event of default.

Amount. The amount or face value of the completion bond will be estimated prior to the resolution of approval of the plat by the Planning Board, taking into account the following:

The full cost of the required improvements as if let to bid by the Town of a current date and with no advantages of on-site building materials nor sale of removed earth material.

Not less than 10% additional, compounded, for each of three subsequent years to cover changing costs.

Reduction of amount. Under § 277 of the Town Law, reduction in the face amount of a completion bond may be approved by the Planning Board after due notice and public hearing and subject to the approval of the Town Board. In approving any such reduction, the Planning Board will be guided by the following policy:

That reduction is made when the extent of development that has taken place is not sufficient to warrant all of the improvements previously required or the required improvements have been installed in sufficient amount to warrant the reduction.

That application for the reduction is made in writing by the owner with the written consent of the surety.

That the Planning Board will request written reports from the Town of Philipstown Superintendent of Highways or the engineer or representative of the Town Board specifying the items of incomplete work and providing an estimate of the current cost of completion; the Planning Board will also request the owner to present as-built drawings of the construction work prepared by a professional engineer (§ 112-19B and C).