A.
Applications for subdivision and resubdivision approval
under this chapter shall comply fully with the applicable provisions
of Article 16 of the Town Law, the Public Health Law, and this chapter.
Due care in the preparation of the maps and other information called
for will expedite the process of obtaining approval of a subdivision
or resubdivision.
B.
When any subdivision or resubdivision of land is proposed,
and before any contract for the sale of land or any offer to sell
such subdivision or resubdivision, or any part thereof is made, or
any grading, clearing, construction or other improvement is undertaken
therein, the owner or his duly authorized agent shall have received
the prior approval of the Planning Board for such subdivision or resubdivision
in accordance with the procedures set forth in this chapter.
C.
An application for a resubdivision shall be referred to the agency or department that first approved the original subdivision. See also Chapter 135, Lot Line Revisions.
D.
Each lot created pursuant to this chapter shall be
a buildable lot as defined herein.
E.
The creation or establishment of flag lots as defined
herein is prohibited.
A.
Prior to filing a formal application for approval
or conditional approval of a final layout or a preliminary layout
that has not previously been reviewed by the Planning Board, the applicant
shall:
(1)
Determine the requirements of the Town of Poughkeepsie
Planning Board, the Dutchess County Highway Department (where development
is proposed along a county road), the Town Highway Department (where
development is proposed along a Town road), the Dutchess County Health
Department (where approval is required pursuant to the Sanitary Code
of Dutchess County and the laws of the State of New York), and the
New York State Department of Transportation (where development is
proposed along a state road).
B.
This step does not require a formal application, a fee or filing of a plat with the Board. The submission is made in order to discuss the appropriateness of the proposed layout, the suitability of the land for development, the general requirements for improvements, and conformity with the Town Plan and with Chapter 210.
A.
Prior to submittal of an application for subdivision
approval, all applicants are required to submit a resource analysis
and a conceptual subdivision plan, and shall participate in a discussion
with the Planning Board about the resource analysis and conceptual
subdivision plan. The resource analysis and the conceptual subdivision
plan shall be depicted on separate maps.
B.
Twelve copies of the resource analysis and conceptual
subdivision plan shall be submitted to the Planning Board. There shall
be no statutory time limit for the review of the resource analysis,
nor the need to make a determination of whether the subdivision application
is complete. The Planning Board, in its discretion, may waive a resource
analysis review. All applicants are required to submit a conceptual
subdivision plan for review prior to submitting an application for
subdivision approval.
(1)
In conjunction with a submission of a conceptual subdivision
plan, an applicant shall submit a resource analysis and shall participate
in a discussion with the Planning Board to determine the appropriateness
of the applicant's conceptual plan. The submission shall include an
identification of the primary assets and limitations of the property
proposed to be subdivided. This will provide an opportunity for the
owner and Planning Board to discuss the appropriate range of and intensity
of development; the general locations intended for improvements; areas
planned to remain undeveloped; and general access and utility plans.
It is also expected that the applicant will have performed an on-site
assessment of the parcel(s) proposed to be created. The applicant
should therefore be prepared to discuss possible subdivision concepts
based on what has been learned from the resource analysis. No statement,
comment or other communication made during this review shall be binding
upon any party.
(2)
The preapplication process is required to ensure that
Town development goals are recognized as they may apply to the property
in question. This should help expedite the formal subdivision review
before the applicant has made a substantial investment in the application
process.
C.
Resource analysis and conceptual subdivision plan
review. All parties concerned with a proposed subdivision or resubdivision
of land will benefit from a preapplication discussion. Accordingly,
the applicant shall present the following information:
(1)
The proposed subdivision name or identifying title,
and the words "Town of Poughkeepsie, Dutchess County, New York" in
the lower right corner of the plans.
(2)
The name of the property owner(s) and the authorized
applicant, if different from the property owner(s).
(3)
Aerial map at a scale of one inch equals 400 feet,
showing the location of the proposed parcel with respect to all streets
and property within 1,000 feet of its boundary and superimposed with
ten-foot contours, regulated freshwater wetlands, floodplains, streams,
slopes of 20% or greater, water bodies and public trails and recreation
areas.
(4)
List of all natural features on the parcel, including,
but not limited to, historic buildings, stone walls, rock outcrops,
significant trees and stands of trees, potential wildlife habitats
and viewsheds. This list is a preliminary step in identifying natural
features and is subject to modification and interpretation by the
Planning Board.
(5)
Provide an eight-and-one-half-inch by eleven-inch
soils map indicating if prime and/or statewide important soils, as
defined by the Soil Survey of Dutchess County New York, exist on the
property.
(6)
General subdivision information necessary to explain
and/or supplement the aerial map.
D.
Study of resource analysis and conceptual subdivision
plan. The Planning Board shall discuss the proposed subdivision with
the applicant and shall determine how the subdivision meets the objectives
of the Town Plan, the Zoning Law,[1] and this chapter. The Planning Board shall consider the
areas of proposed development and their relation to one another, the
natural constraints of the land, and the protection of important environmental
features and open space, and the potential effect of development on
important viewsheds.
E.
The Planning Board shall make recommendations for
modification or redesign to be incorporated by the applicant in the
next submission to the Planning Board, and shall indicate to the applicant
the priority resources to be preserved. Any requirements of these
regulations which the applicant requests to be waived should be discussed
at this time.
F.
The resource analysis and conceptual subdivision plan
discussion shall not be construed to be an approval of the development
plan by the Planning Board, and does not allow the filing of a plan
with the County Clerk or authorize the sale or lease, or any offer
to sell or lease, any lots in such proposed subdivision or any part
thereof. The resources analysis and conceptual subdivision plan discussion
is only a precursor to a formal application for subdivision approval.
G.
State Environmental Quality Review. No environmental
review of the project pursuant to Article 8 of the Environmental Conservation
Law shall be commenced until the discussion of the resource analysis
and conceptual subdivision plan have been completed and an application
for preliminary or final subdivision approval has been submitted.
A.
Purpose. The proposed final minor plat, together with
drawings and documents, shall constitute the complete development
of the subdivision proposal, shall include any conditions of the Planning
Board's conceptual subdivision plan approval, and shall include the
detailed layout drawings for the improvements and utilities. After
approval by the Planning Board of this submission, the performance
surety and the general liability insurance policy as approved by the
Town Board shall become the basis for the construction of the subdivision
and the inspection services by the Town Engineer, the Director of
Planning, and other designated Town official. The final plat itself
must be recorded with the County Clerk to have legal status, and an
unrecorded plat shall not be a valid basis for site improvements or
other commitments. The final plat shall be an accurate survey record
of the properties resulting from the subdivision and shall bear the
seal and signature of the licensed land surveyor responsible for its
preparation.
B.
Notation on plat. If the subdivision is classified
by the Planning Board as a minor subdivision, a notation to that effect
shall be made on the proposed final plat.
C.
Submittal to the Planning Board. Twelve copies of
a minor subdivision plat shall be submitted to the Planning Board,
or its designated representative, within six months of endorsement
of the conceptual subdivision plan. Failure to do so shall require
resubmission of the conceptual subdivision plan to the Planning Board
for reclassification. If the minor subdivision has frontage on, access
to or is otherwise directly related to any county or state road, existing
or proposed, as shown on the Official County Map, the Planning Board
shall take appropriate action in accordance with § 239-k
of the General Municipal Law.
D.
Information waiver. The Planning Board may grant a
waiver from the information requirements of this section where it
determines that such information is not relevant to, or is not otherwise
required to conduct, the review of the application.
E.
Application fee. The submission to the Planning Board
for conditional approval of a final layout shall be accompanied by
a fee in accordance with the fee schedule approved by the Town Board.
The Planning Board shall have the power to waive the application and
per-lot fee when it feels it will be in the best interest of the Town.
Fees are payable to the Town Clerk and are not refundable.
F.
Planning Department review. Applications for subdivision
approval shall be submitted by the applicant to the Town Planning
Department not less than 24 days prior to a regularly scheduled public
meeting. Such application shall be made prior to making application
for a building permit.
[Amended 11-27-2007 by L.L. No. 29-2007]
G.
Look-back provision. In the case of a minor subdivision,
no more than two lots shall be created either simultaneously or sequentially
from a parent parcel within a five-year period. Should more than that
total number of lots be applied for within five years of the date
the minor subdivision is approved, the Planning Board shall require
the applicant to provide all of the information required of a major
subdivision for the previously subdivided lots as well as for the
lots under consideration in the new application, and shall process
the application as an application for a major subdivision.
H.
Compliance with the State Environmental Quality Review
Act. An application for a minor subdivision shall not be considered
complete until a negative declaration has been filed or until a notice
of completion of a draft environmental impact statement has been filed
in accordance with the provisions of the State Environmental Quality
Review Act. The time periods for review of a minor subdivision plat
shall begin upon filing of such negative declaration or such notice
of completion. An application for minor subdivision approval that
has been determined by the Planning Board to require the preparation
of a draft environmental impact statement shall result in the processing
of the application as a major subdivision.
I.
Applicant to attend Planning Board meeting. The applicant
or his duly authorized representative shall attend meetings of the
Planning Board at which the application is considered to discuss the
plat. Although not required, applicants are encouraged to commence
discussions with the owners of land abutting or in proximity to the
project site to ascertain local concerns and local development issues
early in the project design process.
J.
When officially received. An application submitted
under this section shall be deemed received at the next regular meeting
of the Planning Board at which the application is to be considered.
An application shall be placed on the Planning Board agenda only upon
payment of the application and escrow fees as set by the Town Board
along with the number of copies of the plat as specified by the Planning
Board, an environmental assessment form, and a completed application
form, along with any other information required by the Planning Board
during the preapplication review.
K.
Agricultural data statement. If any portion of the
project is located on property within an agricultural district containing
a farm operation, or on property with boundaries within 500 feet of
a farm operation located in an agricultural district, the application
must include an agricultural data statement containing the name and
address of the applicant; a description of the proposed project and
its location; the name and address of any owner of land within the
agricultural district, which land contains farm operations and is
located within 500 feet of the boundary of the property upon which
the project is proposed; and a tax map or other map showing the site
of the proposed project relative to the location of farm operations
identified in the agricultural data statement.
L.
Referral to neighboring municipalities. Pursuant to
General Municipal Law § 239-nn, for a subdivision review
under this section involving property located within 500 feet of an
adjacent municipality, notice of any public hearing shall be given
by mail or electronic transmission to the Clerk of the adjacent municipality
not less than 10 days prior to the date of said hearing.
M.
Public hearing on minor subdivision. The hearing on
the minor subdivision plat shall be advertised at least once in the
official newspaper so designated by the Town Board at least five days
before such 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 preliminary plat, including
the prominent placement of one or more signs on the premises that
is the subject of the application notifying interested persons that
an application for a subdivision approval is under consideration by
the Board. All notices shall include the name of the subdivision,
the name of the applicant, the location of the land to be subdivided,
and the date, place, time and subject of the public hearing. Such
notice shall not be required for adjourned dates. The hearing on the
minor subdivision plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
N.
Action on minor subdivision plat. The Planning Board
shall, within 62 days from the date of the public hearing, approve,
conditionally approve with or without modification, or disapprove
a complete application for minor subdivision plat approval. When conditionally
approving a minor subdivision plat with or without modifications,
the Planning Board must state in writing the modifications, if any,
it deems necessary before the plat will be endorsed by the Chairman.
The Board shall specify in writing its reasons for any disapproval.
O.
Filing of notice of action. Written notice of the
action of the Planning Board, plus any conditions attached thereto,
shall be provided to the applicant, and a copy of such notice shall
be filed with the Town Clerk within five days of the date of approval.
P.
Duration of conditional approval of minor subdivision
plat. Conditional approval of the minor subdivision plat shall expire
within 180 days after the date of adoption of the resolution granting
such approval. The Planning Board may extend by not more than two
additional periods of 90 days each the time in which a conditionally
approved plat must be submitted for signature if, in the Board's opinion,
such extension is warranted by the particular circumstances. A failure
to complete the conditions of minor subdivision approval within the
required time period(s) shall result in the approval becoming null
and void.
Q.
Filing of minor subdivision plat; expiration of approval.
The applicant shall file the approved minor subdivision plat in the
Office of the County Clerk within 62 days from the date of final approval
or such approval shall expire. The signature of the Chairman or Vice-Chairman
or other duly authorized officer of the Planning Board signifying
final approval and completion of conditions of final approval by the
Planning Board shall constitute approval.
R.
Endorsement of the Chairman. Upon approval of the
minor subdivision plat, the applicant shall carry out the following
steps prior to obtaining the Chairman's signature of approval:
(1)
Provide proof of compliance with Department of Health
standards and approval of the plan for water supply and sewage disposal.
(2)
Provide proof of compliance with all other required
local, state and federal agency permits and approvals, including,
but not limited to: stream disturbance; wetland and wetland buffer
disturbance; highway work; curb cuts; stormwater connections; SPDES
permit discharges; dams and impoundments, etc.
(3)
Make all required corrections or changes to the minor
subdivision plat map as outlined in the resolution of the Planning
Board and provide five copies of the corrected final plat to the Planning
Department for final review and approval by the Department, the Town
Engineer and other designated Town officials for compliance with the
resolution of the Planning Board. The applicant shall also complete
all applicable conditions of the Planning Board resolution approving
the final plat.
(4)
Provide Mylar and paper copies of the minor subdivision
plat in such quantity as specified by the Planning Board to the Planning
Department for the endorsement of the Chairman. After the Chairman
has signed the Mylar and the paper copies of the plat, the Secretary
shall immediately notify the applicant of the availability of the
minor subdivision plat map. The applicant is solely responsible for
filing of the minor subdivision plat with the County Clerk.
(5)
Pay all outstanding escrow fees and inspection fees.
Recreation and inspection fees, if applicable, are due and payable
prior to the Chairman endorsing the final plat map.
S.
Filed plat map. Within seven days of the date the
minor subdivision plat is filed with the County Clerk, the applicant
shall submit to the Planning Department two copies of the plat showing
the endorsement of the County Clerk.
T.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made to any subdivision plat after
endorsement of said plat by the Chairman of the Planning Board unless
the plat is first resubmitted to the Planning Board and the Board
approves any modifications. Such modified plat shall be resubmitted
to the Planning Board for restamping and signature. In the event that
any such subdivision plat is recorded without complying with this
requirement, the same shall be considered null and void, and the Planning
Board shall institute proceedings to have the plat stricken from the
records of the County Clerk.
U.
Fees. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by a designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required in accordance with Chapter 105.
V.
Building permits. Upon receipt of a copy of the final
subdivision plat certified by the County Clerk, the Building Inspector
may issue building permits for lots within the subdivision. No changes,
erasures, modifications or revisions, other than those required by
the County Health Department, shall be made on any subdivision plat
after final approval has been given by the Planning Board and such
change, erasure, modification or revision has been approved by the
Board. Any plat so changed without first being resubmitted to the
Planning Board and reapproved shall be considered null and void, and
the Board shall institute proceedings to have the plat stricken from
the records of the County Clerk.
A.
Purpose. The preliminary layout, the application,
and all supporting documents for a proposed subdivision constitute
the material to be officially submitted to the Planning Board. On
the basis of the general design of the subdivision and any proposed
or required public improvements, the Planning Board will indicate
its approval or disapproval of the preliminary plat prior to the time
that the final plat, including the design and detailing of the improvements
and utilities, is completed. Approval of the preliminary layout does
not constitute an approval of the final plat, nor shall it be considered
a valid basis for filing of the preliminary plat with the County Clerk,
nor the construction of site improvements, or for other commitments
which depend upon detailed design characteristics.
B.
Notation on plat. If the subdivision is classified
as a major subdivision by the Planning Board, a notation to that effect
shall be made on the proposed preliminary plat.
C.
Submittal to the Planning Board. On reaching conclusions regarding the feasibility of the conceptual subdivision plan and the applicant's general program and objectives, the subdivider shall cause to be prepared a preliminary layout, together with improvement plans and other supplementary material as specified in Article V, prepared in accordance with the general requirements and design standards specified in Article IV.
D.
Planning Department review. Applications for subdivision
approval shall be submitted by the applicant to the Town Planning
Department not less than 24 days prior to a regularly scheduled public
meeting. Such application shall be made prior to making application
for a building permit.
[Amended 11-28-2007 by L.L. No. 29-2007]
E.
When officially received. An application submitted
under this section shall be deemed received at the next regular meeting
of the Planning Board at which the application is to be considered.
An application shall be placed on the Planning Board agenda only upon
payment of the application fee as set by the Town Board along with
an environmental assessment form and the number of copies of the plat
map as specified by the Planning Board.
F.
Applicant to attend Planning Board meeting. The applicant
or his duly authorized representative shall attend meetings of the
Planning Board at which the application is considered to discuss the
preliminary plat. Although not required, applicants are encouraged
to commence discussions with the owners of land abutting or in proximity
to the project site to ascertain local concerns and local development
issues early in the project design process.
G.
Information waiver. The Planning Board may grant a
waiver from the information requirements of this section where it
determines that such information is not relevant to, or is not otherwise
required to conduct, the review of the application. A request for
waiver of information shall be submitted by the subdivider, in writing,
to the Planning Board at the time the application for preliminary
subdivision approval is made.
H.
Study of preliminary plat. The Planning Board shall
study the proposed preliminary plat, taking into consideration the
goals and polices of the Town Plan for the district in which the parcel
is located, the needs of the community, the requirements of the Town
Zoning Law[1] and this chapter, and the best use of the land being subdivided.
Particular attention shall be given to the arrangement, location and
width of streets, their relation to the topography of the land, water
supply, sewage disposal, vehicular and pedestrian access, preservation
of natural resources, relationship to improvements on adjacent and
neighboring land, drainage, lot sizes and arrangement, and the future
development of adjoining lands as yet unsubdivided, including those
lands depicted on the Official Map.
I.
Look-back provision. Within any ten-year period, no
more than 49 lots may be created either simultaneously or sequentially
from a parent parcel for which both central sewer and water services
do not exist or have not been provided. Should more than that total
number of lots be applied for within 10 years of the date of subdivision
approval involving the parent parcel, the Planning Board may require
the applicant to include a plan for providing central sewer and water
services to the previously subdivided lots at no additional costs
to their present owners as part of the new application for subdivision
approval.
J.
Compliance with the State Environmental Quality Review
Act. A preliminary plat application shall not be considered complete
until a negative declaration has been filed or until a notice of completion
of the draft environmental impact statement has been filed in accordance
with the provisions of the State Environmental Quality Review Act.
K.
Planning Board as lead agency under the State Environmental
Quality Review Act: public hearing; notice; decision.
(1)
Public hearing on preliminary plats. The time within
which the Planning Board shall hold a public hearing on the preliminary
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act as
follows:
(a)
If such Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the public hearing on such plat shall be held within 62
days after receipt of a complete preliminary plat by the Planning
Department; or
(b)
If the Planning Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, a public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
(2)
Public hearing notice. The hearing on the preliminary
plat shall be advertised at least once in the official newspaper so
designated by the Town Board at least five days before such hearing
if no hearing is held on the draft environmental impact statement,
or 14 days before a hearing held jointly therewith. 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
preliminary plat, including the prominent placement of one or more
signs on the premises that is the subject of the application notifying
interested persons that an application for a subdivision approval
is under consideration by the Board. All notices shall include the
name of the subdivision, the name of the applicant, the location of
the land to be subdivided, and the date, place, time and subject of
the public hearing. Such notice shall not be required for adjourned
dates. The hearing on the preliminary plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
(3)
Decision. The Planning Board shall approve, with or
without modification, or disapprove such preliminary plat as follows:
(a)
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the Planning Board shall make its decision within 62 days
after the close of the public hearing; or
(b)
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the preliminary plat. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary
plat.
(4)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
L.
Planning Board not as lead agency under the State
Environmental Quality Review Act: public hearing; notice; decision.
(1)
Public hearing on preliminary plats. The Planning
Board shall, with the agreement of the lead agency, hold the public
hearing on the preliminary plat jointly with their lead agency's hearing
on the draft environmental impact statement. Failing such agreement,
the Planning Board shall hold the public hearing on the preliminary
plat within 62 days after receipt of a complete preliminary plat by
the Planning Department.
(2)
Public hearing notice. The hearing on the preliminary
plat shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing is held independently
of the hearing on the draft environmental impact statement, or 14
days before a hearing held jointly therewith. 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 preliminary
plat, including the prominent placement of one or more signs on the
premises that is the subject of the application, notifying interested
persons that an application for a subdivision approval is under consideration
by the Board. All notices shall include the name of the subdivision,
the location of the land to be subdivided, and the date, place, time
and subject of the public hearing. Such notice shall not be required
for adjourned dates. The hearing on the preliminary plat shall be
closed upon motion of the Planning Board within 120 days after it
has been opened.
(3)
Decision. The Planning Board shall by resolution approve,
with or without modification, or disapprove the preliminary plat within
62 days after the close of the public hearing on such preliminary
plat.
(a)
If the preparation of an environmental impact
statement on the preliminary plat is not required, the Planning Board
shall make its decision within 62 days after the close of the public
hearing on the preliminary plat.
(b)
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the preliminary plat within 62 days after the close of the public
hearing on such preliminary plat or within 30 days of the adoption
of findings by the lead agency, whichever period is longer.
(4)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
M.
Agricultural data statement. If any portion of the
project is located on property within an agricultural district containing
a farm operation, or on property with boundaries within 500 feet of
a farm operation located in an agricultural district, the application
must include an agricultural data statement containing the name and
address of the applicant; a description of the proposed project and
its location; the name and address of any owner of land within the
agricultural district, which land contains farm operations and is
located within 500 feet of the boundary of the property upon which
the project is proposed; and a tax map or other map showing the site
of the proposed project relative to the location of farm operations
identified in the agricultural data statement.
N.
Referral to neighboring municipalities. Pursuant to
General Municipal Law § 239-nn, for a subdivision review
under this section involving property located within 500 feet of an
adjacent municipality, notice of any public hearing shall be given
by mail or electronic transmission to the Clerk of the adjacent municipality
not less than 10 days prior to the date of said hearing.
O.
Filing of notice of action. Written notice of the
action of the Planning Board, plus any conditions attached thereto,
shall be provided to the applicant, and a copy of such notice shall
be filed with the Town Clerk within five days of the approval of the
preliminary plat. Approval of the preliminary plat shall not constitute
approval of the final plat, but shall be deemed an expression of approval
of the design submitted on the preliminary plat as a guide to the
preparation of the final plat which will be submitted for approval
of the Planning Board and for recording upon fulfillment of the requirements
of the Town Zoning Law[2] and this chapter, and the conditions of the approval of
the preliminary plat, if any. Prior to approval of the final subdivision
plat, the Planning Board may require additional changes as a result
of further study of the final subdivision plat, or as a result of
new information obtained at the public hearing.
P.
Expiration of approval. Planning Board approval of
a preliminary layout submission shall expire six months after the
date the decision of the Board is filed with the Town Clerk. Prior
to the expiration of preliminary approval the applicant shall request
in writing an extension of the preliminary approval, and shall state
the reasons for such extension. The Planning Board may extend by not
more than two additional periods of 90 days each the time for expiration
of the preliminary plat if, in the Board's opinion, such extension
is warranted by the particular circumstances. In addition, such extension
shall be granted only if the proposed subdivision fully conforms to
the zoning regulations in effect at the time such extension is applied
for.
Q.
Fees. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by a designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required in accordance with Chapter 105.
A.
Purpose. The proposed final plat, together with drawings
and documents, shall constitute the complete development of the subdivision
proposal, shall include the conditions of the Planning Board's preliminary
subdivision approval, and shall include the detailed layout drawings
for the public improvements and utilities. The final plat shall be
in conformity with the approved preliminary plat. After approval by
the Planning Board of this submission, the approved performance surety
and the general liability insurance policy as approved by the Town
Board shall become the basis for the construction of the subdivision
and the inspection services by the Town Engineer, the Director of
Planning, or other designated Town officer. The plat itself must be
recorded with the County Clerk to have legal status, and an unrecorded
plat shall not be a valid basis for site improvements or other commitments.
The plat shall be an accurate survey record of the properties resulting
from the subdivision and shall bear the seal and signature of the
licensed land surveyor responsible for its preparation.
B.
Application for approval and fee. The applicant shall, within six months of the date of filing of the preliminary plat approval with the Town Clerk, file with the Planning Board an application for approval of all or part of the subdivision plat in final form. All applications for plan approval shall be in writing and on forms and in such quantity as may be prescribed by the Planning Board, together with a fee as set by the Town Board. Said application shall also conform to the requirements of Article IV, Article V, and Article VI, as applicable.
C.
Planning Department review. Applications for subdivision
approval shall be submitted by the applicant to the Town Planning
Department not less than 17 days prior to a regularly scheduled public
meeting. Such application shall be made prior to making application
for a building permit.
D.
When officially received. An application submitted
under this section shall be deemed received at the next regular meeting
of the Planning Board at which the application is to be considered.
An application shall be placed on the Planning Board agenda only after
payment of the application fee as set by the Town Board and submission
of the specified number of copies of the final plat map and any specified
supporting documentation.
E.
Applicant to attend Planning Board meeting. The applicant
or his duly authorized representative shall attend the meeting(s)
of the Planning Board at which the application is considered to discuss
the final plat.
F.
Final plats not in substantial agreement with approved
preliminary plats or when no preliminary plat is required to be submitted.
When a final plat is submitted that the Planning Board deems not to
be in substantial agreement with a preliminary plat approved pursuant
to this section, or when no preliminary plat is required to be submitted
and a final plat clearly marked "final plat" is submitted conforming
to the definition provided by this section, the following shall apply:
(1)
Planning Board as lead agency: public hearing; notice;
decision.
(a)
Public hearing on final plat. The time within
which the Planning Board shall hold a public hearing on such final
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act, as
follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement is not required, the public hearing
on a final plat not in substantial agreement with a preliminary plat,
or on a final plat when no preliminary plat is required to be submitted,
shall be held within 62 days after the receipt of a complete final
plat by the Planning Department; or
[2]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the final plat and
the draft environmental impact statement shall be held jointly within
62 days after the filing of the notice of completion of such draft
environmental impact statement in accordance with the provisions of
the State Environmental Quality Review Act. If no public hearing is
held on the draft environmental impact statement, the public hearing
on the final plat shall be held within 62 days following filing of
the notice of completion.
(b)
Public hearing notice. The hearing on the final
plat shall be advertised at least once in the official newspaper so
designated by the Town Board at least five days before such hearing
if no hearing is held on the draft environmental impact statement,
or 14 days before a hearing held jointly therewith. 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
final plat, including the prominent placement of one or more signs
on the premises that is the subject of the application notifying interested
persons that an application for a subdivision approval is under consideration
by the Board. All notices shall include the name of the subdivision,
the location of the land to be subdivided, and the date, place, time
and subject of the public hearing. Such notice shall not be required
for adjourned dates. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(c)
Decision. The Planning Board shall make its
decision on the final plat as follows:
[1]
If such Board determines that the preparation
of an environmental impact statement on the final plat is not required,
the Planning Board shall by resolution conditionally approve, with
or without modification, disapprove, or grant final approval and authorize
the signing of such plat within 62 days after the date of the public
hearing; or
[2]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the final plat. Within 30 days of the filing of the final environmental
impact statement, the Planning Board shall issue findings on such
final environmental impact statement and shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of the such plat.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
(2)
Planning Board not as lead agency; public hearing;
notice; decision.
(a)
Public hearing on final plat. The Planning Board
shall, with the agreement of the lead agency, hold the public hearing
on the final plat jointly with the lead agency's hearing on the draft
environmental impact statement. Failing such agreement, the Planning
Board shall hold the public hearing on the final plat within 62 days
after the receipt of a complete final plat by the Planning Department.
(b)
Public hearing notice. The hearing on the final
plat shall be advertised at least once in the official newspaper so
designated by the Town Board at least five days before such hearing
is held independently of the hearing on the draft environmental impact
statement, or 14 days before a hearing held jointly therewith. 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 final plat, including the prominent placement of one or more
signs on the premises that is the subject of the application notifying
interested persons that an application for a subdivision approval
is under consideration by the Board. All notices shall include the
name of the subdivision, the location of the land to be subdivided,
and the date, place, time and subject of the public hearing. Such
notice shall not be required for adjourned dates. The hearing on the
final plat shall be closed upon motion of the Planning Board within
120 days after it has been opened.
(c)
Decision. The Planning Board shall by resolution
conditionally approve, with or without modification, disapprove, or
grant final approval and authorize the signing of such plat within
62 days after the close of the public hearing on such final plat.
The grounds for a modification, if any, or the grounds for disapproval
shall be stated upon the records of the Planning Board.
[1]
If the preparation of an environmental impact
statement on the final plat is not required, the Planning Board shall
make its decision within 62 days after the close of the public hearing
on the final plat.
[2]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the final plat within 62 days after the close of the public hearing
on such final plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
G.
Filing of notice of action. Written notice of the
action of the Planning Board, plus any conditions attached thereto,
shall be provided to the applicant, and a copy of such notice shall
be filed with the Town Clerk within five days of the date of approval.
H.
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be subdivided and developed in two or more sections
and may in its resolution granting conditional or final approval state
such requirements as it deems necessary to ensure the orderly development
of the plat shall be completed before said sections may be signed
by the Chairman. Any section shall encompass at least 10% of the total
number of lots shown on the plat. No plat which is an extension, section
or portion of any previously submitted plat shall be approved until
and unless all conditions necessary for approval of such previously
submitted plat have been satisfied and final approval shall have been
granted in accordance with these regulations.
I.
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval unless all requirements stated in
such resolution have been certified as completed. The Planning Board
may extend by not more than two additional periods of 90 days each
the time in which a conditionally approved plat must be submitted
for signature if, in the Board's opinion, such extension is warranted
by the particular circumstances.
J.
Filing of final plat; expiration of approval. The
applicant shall file the approved final plat, or a section of such
plat, in the Office of the County Clerk within 62 days from the date
of final approval or such approval shall expire. In the event the
applicant shall file only a section of such approved plat with the
County Clerk, the entire approved plat shall be filed within 30 days
of the filing of such section with the Town Clerk. Such section shall
encompass at least 10% of the total number of lots contained in the
approved plat, and the approval of the remaining sections of the approved
plat shall expire unless said sections are filed with the County Clerk
within three years of the date of filing of the first section. The
signature of the Chairman or Vice-Chairman or other duly authorized
officer of the Planning Board signifying final approval and completion
of conditions of final approval by the Planning Board shall constitute
final approval.
K.
Endorsement of the Chairman. Upon approval of the
final plat, the applicant shall carry out the following steps prior
to obtaining the Chairman's signature of approval:
(1)
Provide proof of compliance with Department of Health
standards and approval by the Department of the plan for water supply
and sewage disposal.
(2)
Provide proof of compliance with all other required
local, state and federal agency permits and approvals, including,
but not limited to: stream disturbance; wetland and wetland buffer
disturbance; highway work; curb cuts; stormwater connections; SPDES
permit discharges; dams and impoundments, etc.
(3)
Make all required corrections or changes to the final
plat map as outlined in the resolution of the Planning Board and provide
two copies of the corrected final plat to the Planning Department
for final review and approval by the Department, the Town Engineer
and other designated Town officials for compliance with the resolution
of the Planning Board.
(4)
Complete all applicable conditions of final approval
as set forth in the resolution of the Planning Board.
(5)
Provide Mylar and paper copies of the final plat in
such quantity as specified by the Planning Department for the endorsement
of the Chairman. After the Chairman has signed the Mylar of the plat,
the Secretary shall immediately notify the applicant of the availability
of the final plat map. The applicant is solely responsible for filing
of the final plat with the County Clerk.
(6)
Obtain a performance surety in the amount of the estimate
prepared by the Town Engineer, the Town Planner, or the Superintendent
of Highways for the improvements and a general liability insurance
policy and submit them to the Planning Board Attorney for approval
as to form.
(7)
Pay all outstanding escrow fees and inspection fees
to the Planning Board Secretary or to the Town Clerk. Recreation and
inspection fees, if applicable, are due and payable prior to the time
the Chairman endorses the final plat map.
L.
Filed plat map. Within seven days of the date the
final plat is filed with the County Clerk, the applicant shall submit
to the Planning Department two copies of the final plat showing the
endorsement of the County Clerk.
M.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made to any subdivision plat after
endorsement of said plat by the Chairman of the Planning Board. In
the event that any such subdivision plat is recorded without complying
with this requirement, the same shall be considered null and void,
and the Planning Board shall institute proceedings to have the plat
stricken from the records of the County Clerk.
N.
Fees. All application fees are in addition to any
required escrow fees, and do not cover the cost of environmental review.
The applicant shall be responsible for the total cost of environmental
reviews that are determined to be necessary to meet the requirements
of the State Environmental Quality Review Act (SEQRA). If the Board
requires professional review of the application by a designated private
planning, engineering, legal or other consultants, or if it incurs
other extraordinary expense to review documents or conduct special
studies in connection with the proposed application, reasonable fees
shall be paid for by the applicant and an escrow deposit will be required
in accordance with § 105.
O.
Performance; surety. The subdivider shall follow one of the procedures set forth in Subsection O(1) or (2) below:
(1)
Where a performance bond or surety is required, the
subdivider shall file with the Town a performance bond to cover 95%
of the cost and a certified check to cover 5% of the cost of the required
improvements in the amount estimated by the Superintendent, the Planner
and the Town Engineer. Such bond shall be satisfactory to the Town
Attorney as to form, sufficiency, manner of execution and surety.
If the bond is not filed within 45 days of the date of final subdivision
approval or such other time limit as set by the Planning Board, the
plat shall be deemed void. Adequate roads certified passable by the
Superintendent of Highways shall be provided prior to the issuance
of a building permit. All required improvements shall be completed
to the satisfaction of the Superintendent, Town Engineer, and Town
Planner within four months after the date of initial title transfer
with respect to any dwelling fronting on an unimproved street erected
in the subdivision, failing which the Town Board may call the bond
and existing building permits. In the case of exceptionally large
subdivisions, the Board may grant a reasonable extension of time beyond
said four-month period or, alternately, may approve the completion
of only a portion of the required improvements within the period specified.
The bond shall be released only upon certification by the Superintendent,
the Town Engineer, and the Town Planner that all the required improvements
have been completed to their satisfaction, and in cases where approval
of the plat by the Board is contingent upon the establishment of a
water, sewer or drainage system, as the case may be, is turned over
to and approved by the Town.
(2)
Where no performance bond or surety is required, the
subdivider shall complete all required improvements to the satisfaction
of the Superintendent, the Plumbing Inspector, Town Engineer, and
Town Planner prior to the issuance of any building permits. If such
improvements are not completed within one year of the date of final
approval, the plat shall be deemed void.
(3)
Upon receipt of written notification from the Superintendent,
the Town Engineer, and the Town Planner that all required improvements
have been satisfactorily installed, or upon receipt of a written notification
from the Town Attorney that an acceptable bond has been filed, the
Chairman of the Board shall sign the plat as approved by the Board.
Such approval in no way constitutes an acceptance by the Town of the
dedication of any streets, parks or open public spaces. 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 streets, parks or playground areas.
P.
New streets. After the establishment of a County Official
Map, no subdivision plat shall be approved when such proposed structures
or proposed new streets shall have frontage on, access to or be otherwise
directly related to any county road, existing or proposed, as shown
on the County Official Map, except in accordance with § 239-k
of the General Municipal Law. The Town Planning Board shall notify
the County Department of Planning, the County Superintendent of Highways
and the State Department of Transportation of such subdivision. The
County Planning Department shall report to the Town Planning Board
within 30 days of its approval or disapproval or of its approval subject
to stated conditions. The final plat may be approved by the Town Planning
Board subject to stated conditions, notwithstanding such report, when
the application of such report will act to deprive the owner of the
reasonable use of his or her land.
Q.
Building permits. Upon receipt of a copy of the final
subdivision plat certified by the County Clerk, the Building Inspector
may issue building permits for lots within the subdivision. No changes,
erasures, modifications or revisions, other than those required by
the County Health Department, shall be made on any subdivision plat
after final approval has been given by the Planning Board and such
change, erasure, modification or revision has been approved by the
Board. Any plat so changed without first being resubmitted to the
Planning Board and reapproved shall be considered null and void, and
the Board shall institute proceedings to have the plat stricken from
the records of the County Clerk.
R.
Inspection of required improvements. The Town Engineer
shall be responsible for inspecting required improvements during construction
to ensure their satisfactory completion and, upon such completion,
shall furnish the Planning Board with a statement to that effect.
The applicant shall pay to the Town the costs of said inspection,
to defray the costs of the inspection. If the Town Engineer determines
that any of the required improvements have not been constructed in
accordance with the approved plan, the applicant shall be responsible
for correcting and properly completing said improvements. Failure
of the Town Engineer to carry out inspections of required improvements
during construction shall not in any way relieve the applicant or
the bonding company of its responsibilities related to the proper
construction of such improvements.
A.
Enforcement of approved plats. For any minor and major
subdivision, the applicant, the landowner, and the contractor shall
all be responsible for the successful implementation and completion
of an approved subdivision plat, including, but not limited to:
(1)
Installation and maintenance of erosion control measures
and/or a SWPPP as depicted on the approved plat; and
(2)
Protection and preservation of nondisturbance areas,
whether temporary or permanent, as depicted on the approved plat;
and
(3)
Reclamation of disturbed areas as depicted on the
approved plat; and
(4)
Installation and completion of site improvements in
the location(s) and in the manner as depicted on the approved plat
unless approved as a "field change" amendment by the Town Engineer,
the Town Planner, or the Planning Board, as the case may be; and
(5)
Implementation and completion of environmental mitigation
measures as required under any negative declaration or findings statement
adopted for the project pursuant to Article 8 of the Environmental
Quality Review Act (SEQRA), whether such mitigation measures are depicted
on the approved plat or not; and
(6)
Implementation and completion of any other permits
and approvals issued by any other agency.
B.
Responsible parties. The applicant, the landowner,
and the contractor shall be jointly and severally liable for all costs
incurred, including environmental restoration costs, resulting from
noncompliance with the approved subdivision plat. Approval of the
subdivision plat and commencement of any work related to the approved
plat shall constitute express permission by the applicant and the
landowner for the Director of the Planning Department and/or her designee(s),
or other authorized Town officials, to enter the property for the
purposes of inspection for compliance with the approved subdivision
plat, whether or not any other permits have been applied for or issued
for the project. The approval of the subdivision plat and the commencement
of work related to the approved plat is an express waiver of any objection
to such authorized Town official(s) entering the property for the
purpose of conducting an inspection.
C.
Nuisance. Any deviation from the approved subdivision
plat, unless prior approved as a "field change" amendment by the Planning
Board, or the Town Engineer, or the Town Planner, shall be deemed
a public nuisance and may be restrained by an order to stop work,
and/or injunction, and/or direct action by the Director of the Town
Planning Department and/or her designee(s), or other authorized Town
officials, to cease, abate, or cure the condition in any other manner
provided by law. The Director may issue a stop-work order for the
entire construction and site work/disturbance project, or any specified
portion thereof, if the Director determines that any of the following
conditions exist:
(1)
The erosion control measures and/or a SWPPP as depicted
on the approved plat are not, or have not been, implemented or are
not being properly maintained; and
(2)
Nondisturbance and protected buffer areas as depicted
on the approved plat are not, or have not been, adequately protected
and preserved; and
(3)
Disturbed areas are not, or have not been, reclaimed
as depicted on the approved plat; and
(4)
Site improvements are not, or have not been, installed
in the location(s) and in the manner as depicted on the approved subdivision
plat and no approval for a "field change" amendment has been issued;
and
(5)
Environmental mitigation measures required for the
project pursuant to Article 8 of the Environmental Quality Review
Act (SEQRA) are not, or have not been, implemented; and
(6)
Other required permits and approvals from any other
agency have not been issued or obtained by the applicant, the landowner,
or the contractor.
D.
Notice of violation.
(1)
For purposes of this section, a stop-work order is
validly issued by posting a copy of the order on the site of the construction
or site work/disturbance activity in reasonable proximity to said
construction or site work/disturbance, and in a location where the
posted order is visible. Additionally, a copy of the order, in the
case of work for which a permit has been issued, shall be mailed by
first-class mail, certified return receipt, and one copy of the order
shall be mailed by regular first-class mail, to the address listed
by the applicant and to the landowner as the case may be. In the case
of work for which no permit has been issued, a copy of the order shall
be mailed by first-class mail, certified return receipt, and one copy
of the order shall be mailed by regular first-class mail, to the person
listed as owner of the property according to the latest roll maintained
by the Town Assessor's Office.
(2)
If the applicant and/or the landowner does not immediately
cease the activity and comply with the provisions of this chapter
within one day of the date of the order, the Director may request
that the Town Attorney seek injunctive relief. In addition, the Director
may revoke all or any portion of any other permits issued in accordance
with the Town Code, including building permits, affecting the property.
Upon a showing of compliance with the terms of this chapter and proper
implementation of the approved subdivision plat, the Director may
reinstate any other permit(s) that may have been revoked.
(3)
In
addition to any other remedies set forth herein authorizing the Town
to enforce the provisions of this chapter, establishing penalties,
and setting forth additional remedies, the person charged with the
responsibility to enforce the provisions of this chapter may impose
a civil fine or agree to a civil fine not to exceed $1,000 per day
for each day of the violation. If said civil fine is imposed, then
the alleged violator may appeal to the Town Board.
[Added 6-3-2009 by L.L. No. 22-2009]
E.
As-built plans. At the completion of construction,
and prior to issuance of a certificate of occupancy, the owner/applicant
shall provide to the Planning Board and the Building Inspector a certification
prepared by a professional engineer licensed by the State of New York
that all site work has been carried out and completed in substantial
compliance with the approved subdivision plat for the project. Additionally,
the applicant shall provide to the Planning Board and the Building
Inspector an "as built" survey of the completed development.
F.
Site maintenance. The premises for which a subdivision
plat has been approved shall, at all times, be maintained in accordance
with the approved subdivision plat. Failure to keep the premises in
a condition that is consistent with the approved subdivision plat
may result in a revocation of the certificate of occupancy for the
premises. Development projects may periodically be inspected for conformance
to the approved subdivision plat, including maintenance of the landscaping
and plantings required as part of the subdivision plat approval. If
there is nonconformance to the approved subdivision plat, or if any
of the conditions of subdivision plat approval are not fulfilled,
no certificate of occupancy shall be issued. Where a development project
reverts to nonconformance with the approved subdivision plat after
issuance of the certificate of occupancy or certificate of completion,
the nonconformance shall be deemed a violation of this chapter.
A.
Statement of policy. The Town of Poughkeepsie hereby establishes a policy of encouraging the use of cluster subdivision design to preserve open space, agricultural land, water supplies, and other environmental resources identified in the Town of Poughkeepsie Town Plan, and to harmonize new development with the traditional open, wooded, agricultural and hamlet landscapes of the Town. These principles allow the Planning Board to modify the applicable area and bulk provisions of this chapter and Chapter 210 in order to preserve open space and encourage more sensitive and efficient development patterns than would be possible by strict adherence to the conventional specifications.
B.
Grant of authority. The Town Board of the Town of
Poughkeepsie hereby grants to the Planning Board of the Town of Poughkeepsie
the authority to modify applicable area, yard and bulk provisions
of the Zoning Law[1] as they apply to a specific plat when, in the Planning
Board's sole discretion, doing so would be consistent with the goals
and objectives of the Town Plan pertaining to cluster subdivisions
and this chapter. This grant of authority shall not be construed so
as to permit the Planning Board to vary the minimum buffer setbacks
required for proposed lots adjacent to existing residential uses as
set forth in the area and bulk regulations for the various zoning
districts except as otherwise expressly permitted. To the extent that
any provisions of this chapter are inconsistent with § 278
of the Town Law, the Town Board of the Town of Poughkeepsie hereby
declares its intent to supersede those sections of the Town Law, pursuant
to its home rule powers under Municipal Home Rule Law § 10(1)(ii)(d)(3)
et seq.
C.
Purposes. This section encourages flexibility in the
design and development of land in order to promote its most appropriate
use and to preserve as permanent open space important natural features
and resources, wildlife habitat, water resources, ecological systems,
and scenic areas for the benefit of present and future residents.
A cluster subdivision plan may involve grouping development on one
or more portions of a parcel, and modifying the minimum lot, area,
setback or frontage requirements in order to achieve one or more of
the following specific purposes:
(1)
Long-term protection of natural and man-made resources
identified in the Town Plan and this chapter.
(2)
Compatibility with surrounding land uses and the overall
character of the neighborhood in which the property proposed for subdivision
is located.
(3)
Provision of adequate setbacks and visual buffers
from adjoining properties.
(4)
Contribution to Town-wide open space planning by creating
a system of permanently preserved open spaces providing linkages between
existing and potential future open space areas.
(5)
Preservation of open space where the preserved lands
border active agricultural land or land which is suitable for agricultural
use.
(6)
Protection of groundwater and surface water, regulated
wetlands, steep slopes, floodplains or unique areas of natural, scenic
or historic significance.
(7)
Mitigation of significant environmental impacts identified
through application of the State Environmental Quality Review Act
requirements.
(8)
Reduction of the number of new roads or driveways
obtaining access from existing public roads and reduction of the amount
of new road that may be required to be dedicated to the Town.
(9)
Protection of a designated critical environmental
area.
(10)
Maintaining the operation of recreational resources,
such as golf courses.
D.
Preservation of land. A cluster subdivision accomplishes the purposes set forth above by reducing the generally applicable minimum lot size and bulk requirements of this chapter and Chapter 210 for the zoning district in which the property is located, and by grouping residences in those areas where development would have the least impact on identified natural and community resources. The approved cluster subdivision plat shall identify, with specificity, the location and type of any resource(s) to be preserved. The resource(s) shall then be permanently preserved as provided in Subsections S, T and U below.
E.
Applicability. This section shall be applicable only to land parcels within the R-4A, R-2A, R-1.5A, or R-20,000 Districts which are 25 acres in size or greater. Nothing herein shall be construed as to prevent the use of cluster subdivision design for lots of less than 25 acres. An applicant for a major subdivision involving a parcel or parcels of 25 acres or greater in size which is partially or wholly located in the R-4A, or the R-2A, or the R-1.5A, or the R-20,000 District shall, at the time an application for preliminary subdivision approval of a conventional subdivision is submitted, include a conceptual layout of a cluster subdivision plan in accordance with the requirements for a cluster subdivision as set forth in this chapter. An application for preliminary subdivision approval shall not be deemed accepted until the conceptual layout for a cluster subdivision has been received. The Planning Board, in its sole discretion, shall determine whether to require implementation of the cluster subdivision plan, or whether to allow implementation of the conventional subdivision plan. An applicant may also request the Planning Board to allow the implementation of a cluster subdivision plan without the need to present a conventional subdivision layout, provided the Planning Board is satisfied that the maximum density has been appropriately calculated and proved in accordance with § 177-15 of this chapter. However, the decision to permit the implementation of a cluster subdivision is at the sole discretion of the Planning Board.
F.
Cluster preference criteria. The use of a cluster
subdivision plan is specifically encouraged when the parcel contains,
in whole or in part, one or more of the following:
(1)
The property abuts a center or a hamlet district.
(2)
Town, state and/or federal freshwater wetlands occupy
25% or more of the site.
(3)
Slopes of greater than 20% occupy 25% or more of the
site.
(4)
The site contains a floodplain or flood hazard area
as mapped by the Federal Emergency Management Agency's Flood Insurance
Maps.
(5)
The site contains, or is contiguous to, a critical
environmental area.
(6)
The site contains an identified scenic view or scenic
vista.
(7)
The total amount of land included in the subdivision
is 30 acres or more.
(8)
The total number of lots is 10 or more.
(9)
All or part of the lot or parcel is included within
an agricultural district.
(10)
All or part of the lot or parcel is under a
forestry management plan.
G.
Required plans. An application for cluster development shall include all plans and materials required for approval of a conventional preliminary subdivision as set forth in this chapter. The maximum number of residential lots that may be permitted and approved within a cluster development shall not exceed the maximum number of lots capable of being developed within a conventional subdivision layout of the same property prior to the application of incentive densities pursuant to § 210-76 of the Town Zoning Law. Lots shown on the conventional layout shall be fully consistent with the lot, area and bulk requirements for the zoning district in which the land is located, and all applicable requirements of this chapter and Chapter 210.
H.
Planning Board findings. In order to approve a cluster
subdivision, the Planning Board must find that the cluster subdivision
will benefit the Town and will fulfill the applicable purposes stated
in this chapter.
I.
Determination of development density and minimum acreage. Upon receipt of an application for a major conventional preliminary subdivision, the Planning Board shall review the proposed plan and shall, in accordance with § 177-15 below, determine the number of building lots or dwelling units that could be practically created pursuant to said plan. The determination of the maximum density units for a conventional subdivision of the property shall also be a determination of the maximum density unit for the cluster subdivision of the same property.
J.
Minimum open space set-aside. Lands within the minimum
buffer setback from existing residential uses shall be counted as
part of the open space set-aside. The following formula shall be used
to determine the minimum open space set aside for a cluster subdivision:
(1)
With public water and public sewer:
T - (W +F+S+I) x 0.50 = OS
|
(2)
With private wells and/or septic:
T - (W +F+S+I) x 0.35 = OS
|
Where
| |||
T =
|
Total land area (acres) inside the boundary
lines of the project parcel.
| ||
W =
|
Total land area (acres) inside the boundary
lines of the project parcel and within a Town, or a NYSDEC, or a USACOE
regulated wetland (exclusive of any buffer area).
| ||
F =
|
Total land area (acres) inside the boundary
lines of the project parcel and within the one-hundred-year floodplain
area where the base elevations and flood hazard are determined exclusive
of any flood area within a regulated state or federal wetland.
| ||
S =
|
Total land area (acres inside the boundary lines
of the project parcel and containing slopes of 25% or greater.
| ||
I =
|
The total acreage of required public improvements
(i.e., roads, sidewalks, stormwater management facilities).
| ||
OS =
|
Minimum land area (acres) required for open
space.
|
K.
Incentive density. Notwithstanding any contrary provision of the Town Law, this chapter, or Chapter 210 that may limit or restrict the maximum residential density of a proposed cluster subdivision, an applicant proposing a cluster subdivision may also apply for an incentive adjustment to the maximum density requirements of this chapter in exchange for providing benefits to the Town in accordance with § 210-76, Incentive zoning, of the Town Zoning Law. In authorizing the incentive adjustment to the maximum unit density pursuant to said section, the Town Board shall ensure that the benefit to the Town is permanent, and may require such easements, surety or other performance guarantees that the Town Board, in its sole discretion, deems necessary. Before authorizing an incentive adjustment, the Planning Board and the Town Board shall each make a determination, in writing, that the preserved open space and other amenities meet the requirements of § 210-76 of the Town Zoning Law.
L.
Existing structures. A proposed cluster plat may be
denied where the Planning Board finds that the location of proposed
boundary lines, relative to existing principal or accessory structure(s)
located on the parcel, or the location of proposed means of ingress
and egress for such existing structure(s) relative to proposed new
lots and adjoining property, would create a conflict with the orderly
development and use of the lots of the cluster subdivision, or of
adjoining lots, or would not fulfill the purpose and intent of this
chapter.
M.
Minimum acreage per lot. The Planning Board shall
determine the minimum lot area and yard setbacks for each lot created
as part of a cluster subdivision. In establishing the minimum yard
requirements for each lot, the Planning Board shall avoid creation
of any flag lots by requiring that the minimum lot width for each
lot be maintained back to the building line.
N.
Dwelling unit type and location. Single-family detached
dwellings, single-family semiattached dwellings, and townhouse dwellings
shall be the only dwelling unit types permitted in a cluster subdivision.
The Planning Board is specifically authorized to require a mix of
dwelling unit types within the cluster subdivision. In addition, where
the development property abuts a center or a hamlet district, the
Planning Board may require the clustering of the units along the boundary
of said center or hamlet district, and is specifically authorized
to reduce the otherwise applicable yard setback and buffer setback
distances to ensure that the units are placed against or in close
proximity to the district boundary line so as to appear as an extension
of the center or hamlet district.
O.
Location of open space. The Planning Board is authorized
to require the reconfiguration of a cluster subdivision to ensure
that the open space to be protected under the plan generally consists
of large contiguous land tracts unbroken by intervening lots, structures,
roads or driveways. In order to achieve a continuity of open space
lands and avoid fragmentation, not less than 70% of the lands so preserved
shall be usable open space.
P.
Pedestrian access. The Planning Board may require
that the cluster subdivision layout include sidewalks and trails for
pedestrian circulation. Such pedestrian accessways shall be designed
and installed to meet the needs of the residents of the cluster subdivision.
Where practicable, the Planning Board shall require sidewalk or pathway
links to adjoining residential and commercial development.
Q.
Water supply and sewage disposal. Water supply and
sewage disposal facilities serving the cluster subdivision shall be
designed in accordance with all applicable County Health Department
standards and shall be prepared by a licensed professional engineer.
R.
Utilities. All telephone, natural gas, electric and
similar utilities serving the cluster subdivision shall be located
underground.
S.
Open space preservation requirements. All open space land meeting the requirements of Subsection J above shall be set aside as permanent open space. The open space may be owned and managed in one of the following ways. The preserved open space area may be:
(1)
As one or more separate parcels owned in common by
the residents of the cluster subdivision through a homeowners' association
(HOA) formed in accordance with state law and approved by the Office
of the State Attorney General; or
(2)
As one or more separate parcels owned in fee by the
Town of Poughkeepsie or by a qualified not-for-profit conservation
organization acceptable to the Town Board; or
(3)
As one or more separate parcels owned in private ownership,
which may, in the event of open space partially located on a number
of lots, be owned by one or more owners. In all cases, there must
be appropriate restrictions and covenants placed in the deed(s) to
said lot(s) to ensure the permanent preservation of the open space.
T.
Prohibited use. No portion of the open space shall be used for residential, industrial, or commercial purposes except in connection with active agricultural, recreational, or forestry use, or other permitted uses of open space as stated in the provisions regarding usable open space and other provisions of Chapter 210 and this chapter. The only structures or driveways permitted in the open space shall be those serving the agricultural, recreational, or forestry use. New utility lines shall be placed underground.
U.
Preservation and enforcement. Open space set aside
in a cluster subdivision shall be permanently preserved. Where an
acceptable grantee of a conservation easement may be found, the open
space shall be protected by a perpetual conservation easement restricting
development of the open space land and allowing use only for active
agriculture, forestry, active or passive recreation or protection
of natural resources, pursuant to § 247 of the General Municipal
Law and/or §§ 49-0301 through 49-0311 of the Environmental
Conservation Law. Said conservation easement may be granted to the
Town with the approval of the Town Board, or to a not-for-profit conservation
organization qualified pursuant to § 49-0303 of the Environmental
Conservation Law and acceptable to the Town Board. Such conservation
easement shall be reviewed and approved by the Planning Board and
be required as a condition of plat approval hereunder. Such conservation
easement shall provide for enforcement pursuant to applicable provisions
of law, and shall, at a minimum, allow for enforcement by the Town.
Where an acceptable grantee of a conservation easement may not be
found, the Planning Board shall ensure that proper covenants and restrictions
protecting the open space are recorded in the chain of title and provide
enforcement powers to the Town. Such restrictions may also, at the
Planning Board's discretion, provide for individual enforcement of
covenants and restrictions by lot owners within a subdivision.
V.
Plat notations. Open space created by a cluster subdivision
must be clearly labeled on the final plat as to its use, ownership,
management, method of preservation, and the rights, if any, of the
owners in the subdivision to such land. The plat shall clearly show
that the open space land is permanently reserved for open space purposes,
and shall contain appropriate references to any conservation easements
or restrictive covenants required to be filed to implement such reservations
or restrictions.
W.
Recording. All relevant documents affecting the open
space (i.e., conservation easement, restrictive covenants and the
like) shall be recorded in the Office of the Dutchess County Clerk
prior to or simultaneously with the filing of the cluster subdivision
final plat in the County Clerk's office.
X.
Ownership of residential units in a cluster project.
Simultaneously with or after Planning Board approval of a cluster
subdivision meeting the standards of this section relating to protection
of open space, the Planning Board may additionally approve the filing
of the project as a condominium under the laws of the State of New
York, in which the residential units in the project would be under
condominium ownership.
[Amended 7-24-2013 by L.L. No. 12-2013]
A.
Maximum density unit calculation. The maximum number of density units (i.e., units per acre or "DU") in a minor or a major subdivision shall not exceed the maximum allowable DU, as calculated below, for the district in which the property is located prior to the application of any incentive densities pursuant to § 210-76 of Chapter 210. Any regulations contained in this chapter and in Chapter 210 restricting the number of dwelling units permitted in a conventional subdivision shall also restrict the number of dwelling units permitted in a cluster development. The maximum DU for a minor or a major cluster subdivision shall not exceed the maximum DU for a minor or a major conventional subdivision of the same lot.
B.
The calculation of buildable yield ("BY") for a minor or a major subdivision shall be based on the following formula, which shall be applicable to all minor or major subdivisions as defined in this chapter and in Chapter 210. The buildable yield shall be used to determine the number of density units ("DU") that can be constructed on the site pursuant to the area, yard and bulk chart. The buildable yield shall be calculated in one of two ways:
(1)
Yield sketch plan. This calculation requires the preparation
of a sketch plan in accordance with the standards of this chapter,
containing proposed lots, streets, rights-of-way, sewage disposal
system and water supply locations and setbacks, easements, and parkland
areas. If the parcel is not proposed for connection to central sewage
disposal facilities, the calculation shall also include an assessment
and certification by a professional engineer as to the suitability
of the soils to accommodate individual sewage disposal systems. The
sketch plan shall be based on a topographic and boundary survey of
the property showing the site conditions as of the time the Planning
Board conducts its review. The topographic information shall include
contours at not less than two-foot intervals as well as the location
of wetlands and wetland buffer areas based on a current field delineation;
streams, water bodies and associated buffer areas; significant trees
and tree clusters; and rock outcrops unless otherwise waived by the
Planning Board. The Planning Board, in its sole discretion, shall
determine whether the yield sketch plan is realistic and reflects
a development pattern and DU calculation that may reasonably be implemented.
(2)
Formula calculation. This calculation requires that
the BY is determined by subtracting the constrained land areas of
the property (i.e., Town, NYSDEC and USACOE regulated wetlands, and
lands within the one-hundred-year floodplain area, and steep slope
areas of greater than 25%) for which the applicant has not secured
and has not submitted to the Planning Board permits or approvals that
would allow development in such constrained land areas, and the areas
required for public improvements (i.e., roads, sidewalks, stormwater
management facilities, etc.), as follows:
(a)
Formula:
T - (W+F+S+I) = BY
|
Where
| |||
T =
|
Total acreage inside the boundary lines of the
project parcel.
| ||
W =
|
Total acreage inside the boundary lines of the
project parcel and within a Town, a NYSDEC, or a USACOE regulated
wetland (exclusive of any buffer area).
| ||
F =
|
Total acreage inside the boundary lines of the
project parcel and within the one-hundred-year floodplain area where
the base elevations and flood hazard are determined exclusive of any
flood area within a regulated Town, state or federal wetland.
| ||
S =
|
Total acreage inside the boundary lines of the
project parcel and containing slopes of 25% or greater.
| ||
I =
|
Total acreage of required public improvements
(i.e., roads, sidewalks, stormwater management facilities).
| ||
BY =
|
Maximum number of acres that can be developed
and that form the basis for determining the maximum number of residential
dwellings that may be created per the area, yard and bulk chart.
|
(b)
The BY calculation set forth above shall be
adjusted to include, in whole or in part, the constrained land area(s)
for which the applicant has secured the necessary permits or approvals
from applicable local, state or federal agencies authorizing development
in such area(s) and has submitted copies of said permits or approval
to the Planning Board. If the parcel is not proposed for connections
to central sewage disposal facilities, the plan shall also include
an assessment and certification by a professional engineer as to the
suitability of the soils to accommodate individual sewage disposal
systems. The Planning Board, in its sole discretion, shall determine
whether the plan is realistic and reflects a development pattern that
could reasonably be implemented.