Town of LaGrange, NY Article III Procedures

§ 203-6 Approval required.

Whenever any subdivision or resubdivision of land in the Town of LaGrange is proposed, the subdividing owner or his authorized agent shall apply for and secure approval of such proposed subdivision before any contract for the sale of any part thereof is performed and before any permit for the erection of a structure on lands covered by a proposed subdivision shall be granted. Approval of a proposed subdivision shall be obtained in accordance with the procedure specified in this article.

§ 203-7 Preapplication discussion.

Before filing an application and before preparing a sketch plan pursuant to § 203-8, the applicant should:

A. Meet with the Planning Board to discuss his intentions and to determine the Board's requirements. At such meeting, the applicant should present a plan complying with the requirements as specified in § 203-19.

B. Determine the requirements of Chapter 187, Sewers, Part 1, Sewer Connections, of the Code of the Town of LaGrange and the Dutchess County Health Department, whose approval is required by this chapter and which must eventually approve any subdivision plat coming within its jurisdiction.

§ 203-8 Sketch plan review.

A. Application procedure. Upon completion of the preapplication discussion with the Planning Board, and prior to being placed on the agenda for sketch plan review, the applicant shall submit a completed application form. The application shall:

(1) Be made in writing to the Board for consideration.

(2) Include all land which the applicant proposes to subdivide.

(3) Be accompanied by five copies of the sketch plan and supplementary material described in Article V, § 203-20.

(4) Comply in all respects with the requirements specified in Article IV and V of this chapter and with the provisions of § 277 of the Town Law.

(5) Be submitted to the Zoning Administrator or Planning Board Secretary at least 30 days prior to the meeting of the Planning Board at which the applicant requests an appearance.

B. Study of the sketch plan layout. The Planning Board will carefully study the practicability of the sketch plan layout, taking into consideration the requirements of the community, the best use of the land being subdivided and the policy set forth in § 203-3. Particular attention will be given to the proposed arrangement, location and width of streets; the relationship of proposed streets to the topography of the land; sewage disposal; drainage; proposed lot sizes, shape and layout; future development of adjoining land as yet unsubdivided; the requirements of the Town Plan and the Official Map; and matters enumerated in § 277 of the Town Law.

C. Applicant to attend Planning Board meeting. The applicant or his authorized agent shall be prepared to attend a regular meeting of the Planning Board to discuss the sketch plan layout and the Board's tentative conclusions.

D. The applicant shall make all changes deemed necessary by the Planning Board prior to receiving sketch plan approval at a regularly scheduled meeting of the Planning Board.

§ 203-9 Preliminary approval.

[Amended 4-25-1990 by L.L. No. 5-1990]

A. After receipt of sketch plan approval, the applicant shall modify his plans to comply with the following preliminary public hearing layout requirements.

B. The revised preliminary public hearing layout shall:

(1) Be accompanied by eight copies of the preliminary public hearing layout and supplementary material described in § 203-21.

(2) Comply in all respects with the requirements specified in Articles IV and V of this chapter and with the provisions of § 277 of the Town Law.

(3) Be submitted to the Zoning Administrator or Planning Board Secretary 30 days prior to the meeting date of the Planning Board at which the applicant requests an appearance.

(4) Be accompanied by a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of LaGrange Town Code Chapter 197. The SWPPP shall meet the performance and design criteria and standards in Chapter 197, Article V. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 197.

[Added 10-24-2007 by L.L. No. 4-2007]

C. Study of the preliminary public hearing layout. The Planning Board shall study this layout for completeness and adequacy under the requirements of this chapter.

D. Applicant to attend Planning Board meeting. The applicant or his authorized agent shall be prepared to attend a regular meeting of the Planning Board to discuss the preliminary public hearing layout and the Board's tentative conclusions on its completeness, adequacy, and suitability under this chapter.

E. When the preliminary public hearing layout is found to be acceptable and complete for further review, the Planning Board shall deem the submissions to constitute a proposed preliminary subdivision plat, filed as of that date, and shall schedule a public hearing to be held within 45 days thereafter, unless that time frame is extended by mutual consent of the applicant and the Planning Board.

F. A notice of the public hearing before the Planning Board shall be published, at the instance and expense of the applicant, in the official newspaper of the Town of LaGrange at least five days before the date of the public hearing. The applicant shall provide proof of the publication in the manner to be required by the Planning Board prior to commencement of the public hearing. At least five days prior to the public hearing, the applicant shall also serve the public hearing notice, by certified mail, return receipt requested, to all adjacent property owners and all those property owners within 150 feet of the applicant's property lines.

G. To the extent required by the Planning Board, the applicant shall address in writing all pertinent comments, written or verbal, received by the Planning Board in the context of the public hearing. The applicant shall also address all comments received from the LaGrange Conservation Advisory Committee, the LaGrange Fire Department, the LaGrange Highway Superintendent, the LaGrange Town Engineer's office and the Zoning Administrator.

H. Within 45 days after close of the public hearing, which may be the subject of continuation to further scheduled dates where deemed reasonable and necessary by the Planning Board, the Board shall approve with or without modification or disapprove the applicant's preliminary subdivision plat, and the grounds for any modification or for disapproval shall be stated upon the records of the Planning Board. However, the date for determination by the Planning Board may be extended by mutual consent of the applicant and the Planning Board. Within five days of approval of a preliminary subdivision plat, it shall be certified by the Clerk of the Planning Board as having been granted preliminary approval and a copy filed in the office of the Clerk and a certified copy mailed to the applicant.

I. The passing upon the suitability of the proposed preliminary plat, the Planning Board will carefully study the practicability of the applicant's plans, taking into consideration the requirements of the community, the best use of the land being subdivided and the policies set forth in § 203-3 of this chapter. Particular attention will be given to the proposed range, location, and width of streets, the relationship of proposed streets to the topography of the land; sewage disposal; drainage; proposed lot sizes, shape and layout; future development of adjoining lands as yet unsubdivided; the requirements of the Town Plan and the Official Maps; and matters enumerated in § 277 of the Town Law.

J. The Planning Board will not pass upon preliminary approval of the proposed subdivision until a determination of significance and/or a required findings statement is made under the State Environmental Quality Review Act (SEQRA).[1]

[1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

§ 203-10 Final subdivision plat.

A. Upon receipt of preliminary approval, the applicant shall then be required to modify the plans as required by conditions of such approval and to comply with the final subdivision requirements.

B. Filing for final approval.

[Amended 8-14-1996 by L.L. No. 3-1996[1]]

(1) Within six months of a resolution granting preliminary approval, or within such longer period resulting from extensions granted by the Planning Board, the applicant shall file an application for final approval complying with all final subdivision plat requirements.

(2) Approved preliminary subdivisions shall be entitled to no more than three six-month extensions of the time to file for final approval, and such extensions shall not be unreasonably withheld by the Planning Board. The applicant must apply in writing for each such extension; the written request must be received by the Planning Board Clerk no later than two weeks prior to the Planning Board meeting which precedes, as applicable, the six-month anniversary of the preliminary subdivision approval or the six-month anniversary of any prior extension(s) of the time for filing for final subdivision approval. All written requests for extension(s) shall set forth:

(a) The reasons for the inability to file for final plat approval;

(b) Any relevant physical or environmental circumstances which have changed since preliminary approval was obtained; and

(c) Any other information requested by the office of the Planning Board or the Zoning Administrator.

(3) The Planning Board may require a personal appearance of the applicant, or his representative, at the meeting when it entertains the request for additional extension.

(4) The Planning Board shall have no authority to issue more than three six-month extensions. Consequently, it is the intent of this section that an application for final subdivision plat approval must be received by the Planning Board no later than the second anniversary of the Planning Board's preliminary approval.

(5) In the event that the Planning Board denies an application for extension, or no application for extension is timely received by the Planning Board, or the applicant exhausts the maximum number of extensions and fails to file timely for final subdivision plat approval, the Planning Board shall entertain a resolution to revoke the preliminary approval at its next meeting, or at such subsequent meeting as the Planning Board designates. The applicant shall be given at least 10 days' written notice of the date of this meeting and of its intended purpose to revoke the preliminary approval; the applicant will be entitled to be heard at the Planning Board meeting on the issue of revocation of preliminary approval. Notice of the meeting shall be given to the applicant by certified mail, return receipt requested, addressed to the last known address of the applicant maintained on file at the office of the Clerk of the Planning Board.

[1] Editor's Note: Section 2 of this local law provided as follows: "This local law shall apply to all properties currently possessing preliminary subdivision plat approvals; for those subdivisions which have preliminary approvals two or more years old, as of the effective date hereof, each shall be entitled to one additional six-month extension commencing as of the effective date hereof."

C. The final subdivision plat shall:

(1) Be accompanied by five copies of the final layout and supplementary material described in § 203-22 of this chapter.

(2) Comply in all respects with the requirements specified in Articles IV and V of this chapter and with the provisions of §§ 276 and 277 of the Town Law.

(3) Include the entire subdivision or a section thereof which derives access from a street improved to Town standards or for which street a bond covering such improvement is held by the Town.

(4) Comply in all respects with the preliminary plat as approved.

(5) Be submitted to the Zoning Administrator or Planning Board Secretary at least 30 days prior to the meeting date of the Planning Board at which the applicant requests an appearance for the Board's review of the completeness and adequacy of the proposed final plat under this chapter.

(6) Be accompanied by a stormwater pollution prevention plan consistent with the requirements of Town of LaGrange Town Code Chapter 197 and with the terms of preliminary plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 197, Article V. The approved final subdivision plat shall be consistent with the provisions of Chapter 197.

[Added 10-24-2007 by L.L. No. 4-2007]

D. Endorsement of County Health Department. The proposed subdivision plat shall be properly endorsed by the County Health Department as meeting the standards of the State or County Sanitary Code before any final public hearing is scheduled.

E. Final public hearing. Before the Planning Board acts on any final subdivision plat, it may hold a final public hearing thereon in accordance with § 276 of the Town Law. The plat shall be in final and complete form before such public hearing shall be scheduled. If held, the public hearing shall be scheduled within 45 days of the Planning Board meeting at which the final plat is deemed complete and adequate under this chapter, unless this time frame is extended by mutual consent of the applicant and Planning Board.

F. Action on proposed subdivision. If a final public hearing is held, after careful study, the Planning Board shall, within 45 days from the close of public hearing on the subdivision plat or within 45 days after the Planning Board's waiver of a public hearing, approve, modify or disapprove such plat and shall advise the applicant in writing of its decision, unless the time frame is extended by mutual consent of the applicant and the Board. The grounds for modification, conditions, or disapproval of any plat shall be stated on the records of the Planning Board.

G. Signing of plat.

(1) Every subdivision plat approved by the Board shall carry a written endorsement of the Planning Board, signed by the Chairman or his designee. In the absence of the Chairman or Secretary, the Acting Chairman or Acting Secretary, respectively, may sign in his place.

(2) A subdivision plat shall not be signed by the authorized officers of the Board until the applicant has met all the conditions of the action granting approval of such plat. Conditional approvals of a final plat shall expire unless the conditions are fulfilled within 180 days of the resolution granting conditional approval.

H. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made on any subdivision plat after approval has been given by the Board. In the event that any subdivision plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.

I. Filing of approved subdivision plat. Within 60 days of the signing, the approved plat shall be filed with the Dutchess County Clerk's office or become null and void. The applicant shall deliver eight certified copies of the filed map to the Town if the subdivision contains a new road or five copies if no new road is proposed. Included with the certified copies shall be the same number of copies of all supplemental drawings. All copies must be received by the Town and be delivered to the appropriate agencies prior to the issuance of any driveway or building permits.

J. Public acceptance of proposed streets and park areas. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town of any street, park, playground or other open space shown on said plat. 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 park or playground.

§ 203-11 Reapproval of Final Subdivision Plat.

[Added 10-22-2008 by L.L. No. 11-2008]

This section addresses the potential for reapproval of prior conditional final approval of subdivision plats by the Planning Board, in a fashion which avoids the need for full reapplication for subdivision approval due to the failure to comply with conditions attached to the earlier final approval despite the Planning Board's granting of the maximum periods of extension prescribed by law. The intent is to establish an expedited procedure, particularly where the circumstances do not include intervening changes in local or other agency regulations, intervening exhaustion of local or other agency permits and approvals which attached to the particular subdivision project, or intervening change of circumstances related to the physical or environmental setting of the subdivision project and its surrounding neighborhood or relevant public road networks. The purpose of this procedure is to carry forward without amendment or modification the nature of the earlier approval and the conditions attached to it.

A. Procedure.

(1) As soon as possible after any second ninety-day extension bestowed by the Planning Board to the subdivision applicant in order to fulfill conditions attached to the earlier, or next preceding, conditional final approval of subdivision plat by the Planning Board, and in no event later than 60 days before the expiration of that ninety-day extension, the subdivision applicant shall apply, on forms established and prescribed by the Planning Board for its Clerk, for potential reapproval of the earlier, or next preceding, conditional final approval.

(2) The applicant shall address, in narrative form, and shall submit such professional reports and opinions as are deemed warranted by the applicant in the first instance, or as are requested by the Planning Board in the review of the application, addressing the following issues:

(a) Whether any local or other agency permits or approvals issued in connection with the subdivision project have expired or will expire prior to the expiration of the prevailing time extended to the applicant to fulfill conditions attached to the subdivision approval.

(b) Whether any local laws, rules or regulations, or any relevant statutes, rules or regulations pertaining to federal, state, or other local agencies, and relevant to the subdivision project, have changed in a relevant and material way so as to affect the subdivision project in any way since the earlier or next preceding conditional approval of the subdivision by the Planning Board.

(c) Whether there have been any intervening, relevant and material changes in circumstances, including, but not limited to, the physical and environmental setting of the land devoted to the subdivision project, adjoining or nearby lands, it or relevant highway networks, wetlands and water bodies, floodplains, slopes, and stormwater courses and concentrations.

(d) A description of any intervening subdivision improvement work performed on the subject lands or in proximity for the purpose of developing the project.

B. Based upon the content of the reapproval application, and the reports and recommendations of the Town staff and/or their designee, the Planning Board shall determine whether ministerial reapproval of the conditional final subdivision plat approval should be made without the need for public hearing and without the need for further review under the State Environmental Quality Review Act (SEQRA). The Planning Board may schedule a public hearing to address these issues at its option. In the event of a second or subsequent application for reapproval, the Planning Board shall solicit, in writing, the recommendation of the Town Board with respect to the granting of such reapproval.

C. In the event that the Planning Board determines, on the basis of examining the criteria set forth in Subsection (A)(2) above, that reapproval is warranted, it shall adopt a resolution so finding and defining the date on which the reapproval shall be effective and the date, six months thereafter, at which time the resulting extended period of time to fulfill conditions to the earlier or next preceding final approval shall expire. In the event that the Planning Board determines that reapproval under this section is not warranted absent more detailed review, it shall determine that the applicant or project sponsor at the time shall have the option of either relinquishing conditional final approval and restoring the matter to the status of its earlier issued preliminary approval or to make full and complete reapplication for conditional final approval meeting all of the requirements of this chapter pertaining to applications for final approval.

D. The expense of work product of Town consultants on applications for reapproval under this section shall be defrayed by the applicant consistent with § 240-88 of Chapter 240 of the Town Code.

E. The Town Board shall establish in its fee schedule or schedules the applicable fee for application and/or approval of a request for reapproval under this section.

F. Any application or approval fees earlier charged against the subdivision project at the time of earlier or next preceding conditional final approval shall be payable in full at the time of any resolution of the Planning Board granting reapproval but no later than 10 days after the said resolution, absent which the said resolution shall be deemed a nullity.