The purpose of this article is to establish the procedure for Planning Board review and action on applications for subdivisions or lot line adjustments. Whenever any subdivision of land is proposed, and before any contract for the sale or lease of, or any offer to sell or lease any lots in such subdivision or any part thereof is made, and before any permit for the erection of any structure in such proposed subdivision shall be granted, the applicant shall apply for and secure approval of such proposed subdivision in accordance with the following procedures. (Refer to the definition of "applicant" in Appendix A of these regulations.) Whenever anyone other than the property owner is acting as the applicant for a proposed subdivision, they must verify to the Planning Board that the property owner(s) has authorized it to act on the property owner's(s') behalf.
At the request of the applicant, an optional preapplication conference for application information may be scheduled with the Town Planning Board Chairperson or a representative of the Planning Board. If sufficiently complex, it may be desirable for the applicant to request placement on the agenda of a Planning Board meeting for an informational conference. The applicant shall not be bound by the determination of the preapplication conference.
A. 
Submission of sketch plan. The applicant shall submit to the Secretary to the Planning Board, at least 14 days prior to the regular meeting of the Planning Board, three copies of a sketch plan of the proposed subdivision for purposes of classification and preliminary discussion. Prior to attending the sketch plan meeting, the applicant should become familiar with the Town's Comprehensive Plan, Zoning Law[1] and these Subdivision Regulations in order to have a general understanding of the subdivision process.
[1]
Editor's Note: See Ch. 200.
B. 
Classification and designation. Classification of the sketch plan is to be made at the regular meeting by the Planning Board as to whether it is a minor or major subdivision, as defined in these Subdivision Regulations. A notation regarding classification shall be made by the Planning Board directly on the sketch plan. The Planning Board may require, however, when it deems necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified by the Planning Board as a minor subdivision, the applicant shall then comply with the procedure outlined in this article and Article IV, § 177-16 of these Regulations. If it is classified by the Planning Board as a major subdivision, the applicant shall then comply with the procedures outlined in this article and Article IV, §§ 177-17, 177-18 and 177-19. The Planning Board shall, based upon input provided by the applicant, designate the name by which the subdivision shall be known.
C. 
Study of sketch plan. The Planning Board shall discuss the sketch plan concept with the applicant and determine whether the sketch plan meets the objectives of these Subdivision Regulations. The Planning Board will make specific recommendations for modification or redesign of the sketch plan to be incorporated by the applicant in the next submission to the Planning Board. In its review, the Planning Board may schedule a field visit to the site. To facilitate the inspection of the site, the applicant shall have the corners of the property, proposed lot corners and the center line of any proposed roadway marked by temporary stakes. The applicant may be requested to accompany the Planning Board during its site visit. Sketch plan endorsement does not allow filing of a plat with the County Clerk or authorize the sale or lease of, or any offer to sell or lease, any lots in such subdivision or any part thereof.
The Planning Board shall initiate the New York State Environmental Quality Review Act (SEQR) process, as defined in Article 8 of the Environmental Conservation Law and Part 617 of the New York Code of Rules and Regulations, upon completion of the sketch plan stage of the application process. The Planning Board shall review the short or full environmental assessment form, or, as applicable, the draft environmental impact statement submitted by the applicant with the plat application materials, and determine the type of action that is being proposed (Type I, Type II or Unlisted action, as defined by SEQR). Once the Planning Board has made a SEQR classification, the applicant shall be informed by the Board as to whether the application will be subject to additional environmental review as specified in the SEQR regulations. All requirements of SEQR shall be completed prior to any action on the preliminary plat by the Planning Board.
A. 
Application and fee. Within six months of the classification by the Planning Board of the sketch plan of a proposed subdivision as a minor subdivision, the applicant should submit an application for approval of a minor subdivision plat. The final plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board at the time of sketch plan endorsement and be consistent with the intent of these Regulations, as set forth in Article I. The final plat application shall also conform to the requirements for minor subdivisions listed in Article IV, § 177-16 of these Regulations. Any application for final plat approval for a minor subdivision shall be accompanied by the applicable nonrefundable fees in accordance with the subdivision fee schedule. A copy of said fee schedule shall be available from the Secretary to the Planning Board. (Refer to Article XI for a more detailed description of the fee schedule.)
B. 
Number of copies. The application for approval of a minor subdivision plat, complete with two copies of the final plat and all further required data specified within Article IV, § 177-16, shall be filed with the Secretary to the Planning Board at least 14 days prior to the regular or special meeting of the Planning Board, at which meeting it shall be introduced and considered officially received by the Planning Board for purposes of these Subdivision Regulations.
C. 
Attendance at Planning Board meeting. The applicant shall attend the meeting of the Planning Board to discuss the minor subdivision plat.
D. 
Approval procedure. The approval procedure for a proposed minor subdivision plat consists of the procedures specifically enumerated in Appendix B of these regulations.
A. 
Application and fees. Prior to the filing of an application for the approval of a final plat for a major subdivision, and within six months of the classification by the Planning Board of the sketch plan of a proposed subdivision as a major subdivision, the applicant should file an application for consideration of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall include all the data specified by Article IV, § 177-18. The preliminary plat shall, in all respects, comply with the requirements of §§ 276 and 277 of New York State Town Law and these Regulations, except where a waiver of any requirement may be specifically requested in writing by the applicant, and authorized by the Planning Board. Payment of a nonrefundable application fee shall accompany each and every application for approval of a preliminary plat for a major subdivision. The application fee shall be in accordance with the subdivision fee schedule. (Refer to Article XI, Fee Schedule.)
B. 
Overview. The preliminary plat and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board, and later, one copy shall become the official record of the Town Clerk.
(1) 
The preliminary plat and supporting documents shall show the layout of all the land to be subdivided (whether or not the subdivision will be completed in phases) and the required improvements, both public and private, so that the Planning Board can indicate approval or disapproval of the proposed subdivision, including final engineering design and detailing of the required improvement and utilities, prior to the final plat phase of the application process.
(2) 
Approval of the preliminary plat does not constitute an approval of the final plat, nor should it be considered a valid basis for the construction of site improvements or other commitments which depend upon its design characteristics, except as may otherwise be specifically authorized by the Planning Board.
(3) 
The preliminary layout shall additionally serve as a key map to subdivisions subsequently laid out in sections or phases on final plats.
C. 
Number of copies. The application for approval of the preliminary plat, complete with four copies of the preliminary plat, shall be filed with the Secretary to the Planning Board, at least 14 days prior to the regular meeting of the Planning Board, at which meeting it shall be introduced and considered officially received by the Planning Board for purposes of these Subdivision Regulations. A proposed submission which does not include all the required drawings and documents specified within Article IV, § 177-18 of these Subdivision Regulations shall not be accepted as a complete application for preliminary plat of a major subdivision.
D. 
Attendance at Planning Board meeting. The applicant shall attend the regular, or special, meeting of the Planning Board to discuss the preliminary plat.
E. 
Study of preliminary plat. The Planning Board shall study the practicality of the preliminary plat taking into consideration the requirements of the community, the best use of the land being subdivided, environmental constraints and the policies set forth in § 177-2 of these Subdivision Regulations. Particular attention shall be given to the proposed arrangement, location and width of roads; the relationship of proposed roads to the topography of the land; location of prospective homesites; water supply; sewage disposal; drainage; proposed lot sizes and configuration; the future development of lands as yet unsubdivided, and the requirements of the Comprehensive Plan and Zoning Law of the Town of Milan; and matters enumerated in § 277 of the New York State Town Law.
F. 
Consultant review. In its review of a preliminary plat for a major subdivision, the Planning Board may consult with the Town Zoning Enforcement Officer, the Town Superintendent of Highways, local fire departments, the Conservation Advisory Council and the Board's planning and engineering consultants, in addition to representatives from Town, County and/or state agencies. Reimbursable costs incurred by the Planning Board for consultation fees, particularly for planning and engineering consultants, shall be charged to the applicant. Such reimbursable costs shall be paid by the applicant, prior to final plat approval, in addition to the required application and recreation fees. Maximum amounts for such reimbursable costs, by project and size, shall be in accordance with the fee schedule. (Refer to Article XI, Fee Schedule.)
G. 
SEQR determination. Before an application for preliminary plat approval is deemed complete, the Planning Board shall make a determination of significance under SEQR. If the Planning Board finds that the proposed subdivision may have a significant effect on the environment, it shall issue a positive declaration and direct the applicant to prepare an environmental impact statement pursuant to the procedures established under SEQR. The preliminary plat application shall not be deemed complete until either a negative declaration has been filed by the Planning Board with the New York State Department of Environmental Conservation (NYSDEC) or a draft environmental impact statement has been accepted as complete by the Planning Board.
H. 
Approval procedure. The procedure for approval of a preliminary plat for a major subdivision shall consist of the procedures specifically enumerated in Appendix B of these regulations.
A. 
Application and fee.
(1) 
Following approval, with or without modifications, of the preliminary plat, the applicant shall prepare a final plat, together with all other supplementary documents, in accordance with Article IV, § 177-19 of these Regulations, which final plat shall specifically address each of the conditions of the preliminary plat approval. The application for final plat approval for a major subdivision, or any section thereof, shall be accompanied by a recreation fee in accordance with the Town's subdivision fee schedule, unless land has been set aside in the subdivision for recreation and park purposes. (Refer to Article V, Section 21.)
(2) 
The final plat and other supplementary documents shall be filed with the Secretary to the Planning Board within six months after approval, with or without modifications, of the preliminary plat, unless such time limit is extended by mutual consent of the applicant and the Planning Board. If such plat is not submitted for final plat approval within six months, approval of the preliminary plat may be revoked by the Planning Board as specified in § 276 of New York State Town Law.
(3) 
The application for final plat shall:
(a) 
Be made on forms provided by the Secretary of the Planning Board.
(b) 
Include the entire subdivision, or section(s) of the subdivision, which derives access from a road improved to Town specification, a rural lane or for which such road a bond covering such improvements is held by the Town of Milan.
(c) 
Be accompanied by four copies of the final plat and supplementary materials, as described in § 177-19 of these Regulations. The final plat shall be properly endorsed by the Dutchess County Department of Health, when applicable, and in compliance with § 177-26A and Appendix C, § 177-480, as satisfying the standards of the State or County Sanitary Code.
(d) 
Comply in all respects with the preliminary plat and with any modifications, improvements and reservations required by the Planning Board in its approval of the preliminary plat.
(e) 
Have plans for the proposed roads and driveway cuts approved by the Town Superintendent of Highways and the Town Engineer. In addition, if the proposed roadway will intersect or connect with any state, County or adjacent municipality's roadway, plans must have the approval of the appropriate governmental highway department.
(f) 
Comply with the improvement requirements of Article V of these Subdivision Regulations.
B. 
Overview. The final plat and the supporting documents for a proposed subdivision constitute the complete plans for development of the subdivision proposal. After the required public hearing and approval by the Planning Board, this complete submission, along with the applicable performance guarantee and the general liability insurance policy, becomes the basis for the development of the subdivision, the installation of required improvements and the applicable inspection services by the Planning Board, the Town Engineer or other delegated Town officials.
C. 
Approval procedure. The procedure for approval of a final plat for a major subdivision shall consist of the procedures specifically enumerated in Appendix B of these regulations.
D. 
Final signature and filing. Upon completion of the requirements found in Appendix C, § 177-48 and Articles IV and VI, and notation to the effect upon the subdivision plat, the subdivision plat shall be deemed to warrant final approval. A reproducible mylar and four copies, as provided by the applicant, shall be properly signed by the Chairperson of the Planning Board upon receipt of notification that the required performance guarantee and insurance, as may be requested, have had the approval of the Town Attorney and that the performance guarantee has been accepted by the Town Board. The final plat may then be filed by the applicant in the office of the Dutchess County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any road, or other land, shown as offered for cession to public use and ownership.
E. 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made on any final plat after approval has been given by the Planning Board. In the event that any final plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Planning Board shall institute proceedings to have said plat stricken from the records of the County Clerk and Town Clerk.
F. 
Expiration of approval.
(1) 
The approval of a final plat shall expire 62 days after the signing of the plat by the Chairperson of the Planning Board, unless filing of the plat is accomplished within that time period in the office of the Dutchess County Clerk in accordance with §§ 276 and 278 of the New York State Town Law.
(2) 
Expiration of an approval shall mean that any further action shall require submission of a new application, payment of a new application fee and Planning Board review of all previous findings. On and after such expiration of plat approval, any formal offers of cession which may have been submitted by the applicant shall be deemed to be invalid, void and of no effect.
G. 
Filing in sections. At the time of the final plat approval, the Planning Board may permit the plat to be divided into two or more sections subject to any conditions the Planning Board deems necessary to ensure the orderly development of the final plat. In accordance with § 276 of New York State Town Law, the applicant may file a section of the approved plat in the office of the Dutchess County Clerk, which section shall consist of not less than 10% of the total number of lots shown on the approved plat. In this circumstance, final plat approval on the remaining sections of the plat shall continue in effect for a period of three years from the filing date of the first section with the Dutchess County Clerk. When a plat is filed by section in the office of the Dutchess County Clerk, the applicant shall, within 30 days, file with the Town Clerk the entire approved preliminary plat. The applicant shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the Dutchess County Clerk and the required improvements have been installed and approved in such section or a satisfactory performance guarantee covering the cost of such improvements has been posted.
H. 
Public acceptance of streets and parks. The approval by the Planning Board of a final plat shall not be deemed to constitute or imply the acceptance by the Town Board of any road, park, playground or other open space shown on said plat. The Planning Board may require said final 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 area.
I. 
Consultant review. In its review of a final plat for a major subdivision, the Planning Board may consult with the Town Zoning Enforcement Officer, the Town Superintendent of Highways, local fire departments, the Conservation Advisory Council, the Board's planning and engineering consultants, in addition to representatives from Town, County and/or state agencies. Reimbursable costs incurred by the Planning Board for consultation fees, particularly for planning and engineering consultants, shall be charged to the applicant. Such reimbursable costs shall be paid by the applicant, prior to final plat approval, in addition to the required application and recreation fees. Maximum amounts for such reimbursable costs, by project and size, shall be in accordance with the fee schedule. (Refer to Article XI, Fee Schedule.)