Town of Poughkeepsie, NY Article III Application and Review Procedures

§ 177-8 Approval required; compliance with provisions; flag lots prohibited.

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.

§ 177-9 Preapplication review and classification.

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).

(2) Submit to the Board and its designated representative plans and data as specified in Article V of this chapter.

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.

§ 177-9.1 Preapplication procedure.

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.

[1] Editor's Note: See Ch. 210, Zoning.

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.

§ 177-10 Procedure for minor subdivision plat approval.

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.

§ 177-11 Procedure for conditional approval of preliminary layout for major subdivision.

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.

[1] Editor's Note: See Ch. 210, Zoning.

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.

[2] Editor's Note: See Ch. 210, Zoning.

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.

§ 177-12 Procedure for final approval of major subdivision plat.

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.

§ 177-13 Enforcement.

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.

§ 177-14 Cluster subdivisions.

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.

[1] Editor's Note: See Ch. 210, Zoning.

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.

§ 177-15 Maximum density calculation for a minor or a major subdivision.

[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.

§ 177-16 (Reserved)