Subdivision fees shall be as defined in the Town of Milan Fee Schedule.[1]
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APPENDIX A
Word Usage and Definitions
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Unless expressly stated, words in the singular include the plural and
all words in the plural include the singular. The word "persons" includes
a corporation and an unincorporated association; "building" includes "structure"
and shall be construed as if followed by the words "or parts thereof." The
word "road" includes "street," "highway" and "lane"; the word "watercourse"
includes "drainage," "ditch" and "stream." The word "shall" is a mandatory
requirement unless otherwise indicated.
As used in this chapter the following terms shall have the meanings
indicated:
A strip of land 40 feet in width, abutting a Town road, rural lane,
County road or state highway, providing access to a rear lot.
An identification of farm operations within an agricultural district
located within 500 feet of the boundary of property upon which a subdivision
approval by the Planning Board is required, as provided for in the New York
State Town Law.
Anyone submitting an application for subdivision and development
of land. An applicant is any person, firm, corporation, partnership or association
which lays out, for the purpose of sale, conveyance or development, any subdivision
or part thereof, either for themselves, the property owner(s) or for others.
The application and SEQR forms, and all accompanying documents required
by these Subdivision Regulations for approval of a subdivision plat.
A mound of soil, either natural or man-made, used to obstruct views
or noise.
An area within a property or site, generally adjacent to and parallel
with the property line, either consisting of natural existing vegetation or
created by the use of trees, shrubs, fences and/or berms and designed to limit
continuously the view of, and/or sound from, the site to adjacent sites or
properties.
The line, established by local law, beyond which a building may not
extend (other than parts of the building expressly exempt from this requirement).
A line generally parallel to the road that passes through the point
of the building nearest to the front lot line, beyond which a building may
not project into the required yard setback as specified for the zoning district
in which the lot is situated. In the case of a corner lot, any building line
nearest to the road line shall be considered a front building line.
The bed and banks of a natural stream which convey the constant or
intermittent flow of the stream.
Refer to "subdivision, cluster development."
A driveway serving two, three or four lots which have the amount
of road frontage required under the Zoning Law.[1]
Land within or related to a development, not individually owned or
dedicated for public use, which is designed and intended for the common use
or enjoyment of the residents of the development.
A plan for the immediate and long-range protection, enhancement,
growth and development of the Town, adopted by the Town Board in conformance
with § 272-a of the New York State Town Law, as amended by the Laws
of 1993. The Comprehensive Plan identifies general locations recommended for
different types of development, for open space preservation, for public improvements
and for such other items that are deemed necessary for the orderly growth
and development of the Town, including any part of such plan separately adopted
and any amendment to such plan, or parts thereof.
A perpetual restriction on the use of land, created in accordance
with the provisions of § 49, Title 3 of the Environmental Conservation
Law or § 247 of the General Municipal Law, for the purposes of conservation
of open space and agricultural land, as well as natural, cultural and scenic
resources.
A local road with only one outlet, and the other end of the road
designed for turnaround and reversal of traffic.
A drain, ditch or conduit not incorporated in a closed drainage system
that carries drainage water under a driveway, roadway, pedestrian walkway
or public right-of-way.
A stone or concrete boundary usually marking the edge of the roadway
or paved area. (Refer to definitions for "shoulder" and "swale").
The opening along the curb or roadway at which point vehicles enter
or leave the road.
Authorization by a property owner for the use by another, and for
a specified purpose, of any designated part of the property.
The permitted number of dwelling units per gross acre of land to
be developed.
A road having an island or other barrier separating moving lanes.
A paved or unpaved area used for ingress or egress of vehicles, and
allowing access from a roadway to a building or other structure.
A person licensed as a professional engineer by the State of New
York.
The Environmental Conservation Law of the State of New York, Chapter
43-B of the Consolidated Laws.
Features, natural resources or land characteristics that are sensitive
to improvements and may require conservation measures or the application of
creative development techniques to prevent degradation of the environment,
or may require limited development, or in certain instances may preclude development.
The detachment and movement of soil or rock fragments, or the wearing
away of the land surface by water, wind, ice or gravity.
A deed, bond, money or a piece of property delivered to a third person
and which would be delivered to the grantee only upon fulfillment of a condition.
The land used in agricultural production, farm buildings, equipment
and farm residential buildings.
An internal collector roadway providing common access from the major
road network to a number of businesses and related establishments or to residences,
often termed a parallel access road.
The Federal Emergency Management Agency that administers the National
Flood Insurance Program. FEMA enables property owners to purchase flood insurance
for property within or adjacent to floodways through the National Flood Insurance
Program.
An artificially constructed barrier of wood, masonry, stone, wire,
metal or any other manufactured material or combination of materials.
Material deposited in an area to change the ground elevation.
The official action of the Planning Board taken on a preliminarily
approved subdivision after all conditions, engineering plan, driveway permit(s)
and other requirements have been completed and the required improvements have
been installed or guarantees properly posted for their completion or approval
conditioned upon the posting of such guarantee.
The final map of a subdivision which conforms to, including any required
modifications, the preliminary plat if such preliminary plat has been approved
by the Planning Board.
The signing of a subdivision plat in final form by the Chairperson
of the Planning Board pursuant to the Planning Board resolution granting final
approval of the plat after all of the required conditions and modifications
of the plat have been satisfied by the applicant. The final plat is qualified
for filing in the Dutchess County Clerk's office by the applicant.
Approval of a final plat subject to specific conditions set forth
by the Planning Board in a resolution. Conditional approval of a final plat
does not qualify a plat for recording nor authorize issuance of any building
permits prior to the signing of the plat by the Planning Board Chairperson
as satisfying all of the conditions for final plat approval.
The channel of a natural stream or river and that portion of the
flood area adjoining the channel which are reasonably required to carry and
discharge the floodwater or flood flow.
Any combination of structural and nonstructural additions, changes
or adjustments to structures which reduce or eliminate flood damage to real
estate, improved real property, water and sanitary facilities, structures
and their contents.
The degree of rise or descent of a sloping surface per 100 feet,
specified in percentage terms. For the purpose of measuring building height,
"grade" is defined as the average elevation of the finished surface of the
ground or paving where it touches the building.
The final elevation of the ground surface after development.
A surface that has been compacted or covered with a layer of material
so that it is highly resistant to infiltration by water.
Any road which meets the design and construction standards of the
Town Highway Specifications[2] for Town roads or these Subdivision Regulations for rural lanes.
A physical change to the land or installation of certain services
necessary to produce usable lots or sites from raw land; including, but not
limited to, water and sewer facilities, recreation and open space areas, grading,
pavement, pedestrian walkways or sidewalks, curbs, betterment's to existing
watercourses, road signs, sodding or seeding and monuments.
In road design, a raised area that is placed to guide traffic and
separate travel lanes, or used for landscaping, signing or lighting.
A map or maps that depict the natural features on and adjacent to
the property to be subdivided.
A piece, parcel or plot of land occupied or designed to be occupied by a principal building and its accessory building or buildings, including the yards or other open spaces required by Chapter 200.
The size of a lot measured within the lot lines and expressed in
terms of acres or square feet.
That portion of a lot extending along a road line.
A modification of parcel boundaries in which a portion of one parcel
is combined with an adjoining parcel without increasing the total number of
parcels.
A lot on which the buildable area is generally located to the rear
of other lots having frontage on the same road as said lot, and having access
to the road by way of an easement, right-of-way or accessway. Also known as
a "flag lot."
A lot having its front and rear yards each abutting on a separate
road or street.
Any security which may be required to ensure that necessary improvements
and maintenance will function as required for a specific period of time.
Refer to "subdivision, major."
Refer to Subdivision, Minor.
A municipal corporation comprising the inhabitants within its boundaries
and formed for the purpose of exercising such powers and discharging such
duties of local government, as well as the administration of public affairs
as have been, or may be, conferred or imposed on it by New York State Law.
The map, and any amendments thereto, adopted by the Town Board under
§ 270 of New York State Town Law.
Not located on the property that is the subject of development nor
on a contiguous portion of a road or right-of-way.
Any area of land or water not developed or essentially unimproved
that is set aside, dedicated, designated or reserved for private or public
use and enjoyment, which may or may not include land containing improvements
in support of agriculture.
A lane usually located on the sides of roads, designed to provide
on-street parking for vehicular traffic.
Parking spaces provided in a parking lot, parking structure or private
driveway.
Parking spaces that are located on a roadway or dedicated right-of-way.
The officially designated Planning Board for the Town of Milan.
A map or maps of a proposed subdivision.
Water that is suitable for drinking or cooking purposes.
An optional meeting between applicants and the Planning Board to
review and discuss the initial subdivision concept and regulations informally.
A map indicating the layout of a proposed subdivision and related
information that is submitted by an applicant for preliminary approval by
the Planning Board.
The approval of the layout of a proposed subdivision as set forth
in the preliminary plat prior to final plat approval, after specific elements
of a subdivision or development plan have been agreed upon by the Planning
Board and the applicant.
That portion of a parcel of land on which a subdivision occurs which
remains as an unsubdivided parcel of substantially greater size than the lots
that are subdivided.
A structure erected between lands of different elevation to prevent
the washing down or erosion of earth from the upper slope level and/or to
support an earthen bank.
A strip of land occupied or intended to be occupied by a road, crosswalk,
railbed, electric transmission line, gas pipeline, water main, sanitary or
storm sewer main, vehicular access, shade trees or another special use.
A private road servicing a subdivision which consists of no greater
than 15 residential lots, has a rural character and prohibits further subdivision.
A deposit of soil that has been transported from its site of origin
by water, ice, wind, gravity or other natural means as a product of erosion.
An underground system with a septic tank(s) used for the decomposition
of household or human wastes.
The New York State Environmental Quality Review Act including Article
8 of the Environmental Conservation Law and 6 NYCRR 617 as amended from time
to time.
The distance between the road right-of-way line and the front line
of a building.
Any pipe conduit used to collect and carry away sewage or stormwater
runoff from the generating source to treatment plants or receiving areas.
The graded part of the right-of-way that is adjacent to the edge
of the main pavement (main traveled area) and provides lateral support of
the pavement.
A paved path provided for pedestrian use.
A triangular-shaped portion of land established at road intersections
in which nothing is erected, placed, planted or allowed to grow in such a
manner as to limit or obstruct the sight distance of motorists entering or
leaving the intersection.
A conceptual plan that outlines general, rather than detailed, subdivision
intentions. A sketch plan describes the basic parameters of a subdivision
proposal and allows the general intentions of the applicant to be proposed
and discussed with the Planning Board without the extensive costs involved
in submitting a detailed proposal.
The ratio of horizontal to vertical measurements of a surface, expressed
in percentage or degree terms.
The wearing of exposed surface of a roadway used by vehicular traffic.
Refer to "applicant."
The division of any parcel of land into two or more lots, parcels
or plats, with or without roads, for the purpose of building development,
sale, adjustment of lot lines or transfer of deed or lease. The term "subdivision"
shall include any alteration of lot lines or dimensions of any lots or sites
shown on a plat previously approved and filed in the Dutchess County Clerk's
office.
A development approach in which building lots may be reduced in size
and buildings sited closer together, usually grouped or clustered, provided
that the total development density does not exceed that which could be constructed
on the site under conventional zoning and subdivision regulations. Cluster
development is intended to encourage flexibility in the design and development
of land, as well as more economical installation of roads and utilities. The
additional land that remains undeveloped is then preserved as permanent open
space and/or recreational land.
A subdivision of land that is not a cluster subdivision as defined
herein.
A subdivision of land into four or more lots which may or may not
include the creation of roads, sidewalks, utilities and other improvements.
A subdivision of land into two or three lots, provided that such
subdivision is not part of a planned unit development, does not involve the
creation of new roads or require the extension of municipal utilities or facilities.
The natural ground lying beneath a road.
The officially elected Highway Superintendent for the Town of Milan.
The land adjacent to the edge of the road pavement used to reduce
the velocity of stormwater runoff and to increase percolation into the natural
groundwater supply. Swales and/or shoulders are usually located along rural,
less-intensity roadways rather than curbs.
The original top layer of soil material.
The Town Law of the State of New York, Chapter 62 of the Consolidated
Laws.
Any natural or artificial stream, river, creek, ditch, channel, canal,
conduit, culvert, drain, waterway, gully, ravine or wash in which water flows
in a definite direction or course, either continuously or intermittently,
and has a definite channel, bed and banks and includes any area adjacent thereto
subject to inundation by reason of overflow or floodwater.
An area of land that is inundated or saturated by surface water or
groundwater as defined by the rules, regulations and policies of the New York
State Department of Environmental Conservation and/or the United States Army
Corps of Engineers.
The officially adopted zoning ordinance or law of the Town of Milan[3] together with any and all amendments thereto, in accordance with
Article 16 of the New York State Town Law and Articles 2 and 3 of the Municipal
Home Rule Law.
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APPENDIX B
Approval Procedures
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Minor subdivision plats shall conform to the definition provided in
Appendix A of these regulations.
A.
A subdivision plat application shall not be considered
complete until a negative declaration has been prepared or until a notice
of completion of a draft environmental impact statement has been filed in
accordance with the provisions of SEQR. If the Planning Board determines that
a draft environmental impact statement is not required on the application,
within 62 days of the receipt of the complete subdivision plat, the Planning
Board shall hold a public hearing on such plat. If the Planning Board determines
that an environmental impact statement is required on such plat and that a
public hearing is required on the draft environmental impact statement, the
public hearing on the plat and the draft environmental impact statement shall
be held jointly within 62 after the notice of completion of a draft environmental
impact statement has been filed. If no public hearing is held on the draft
environmental impact statement, the public hearing on the subdivision plat
shall be held within 62 days of filing the notice of completion.
B.
Notice of public hearing.
(1)
Notice of the public hearing shall be advertised at least
once in the officially designated general circulation newspaper of the Town
at least five days before such hearing if no hearing is held on the draft
environmental impact statement or 14 days if a hearing is held jointly. The
Planning Board shall also mail copies of the public hearing notice by certified
mail, at least 10 days prior to the public hearing if no hearing is held on
the draft environmental impact statement or 14 days if a hearing is held jointly,
to the following:
(a)
Applicant(s), involved agencies and as otherwise required
by SEQR.
(b)
All owners of property located within 200 feet of the
property lines of the parcel to be subdivided.
(c)
All owners of land within 500 feet of a farm operation
located in a New York State Agricultural District; such owners shall, in addition,
be sent an agricultural data statement on forms supplied by the Town of Milan
and prepared by the applicant.
(2)
The actual costs incurred with publication of the public
hearing notices in the newspaper and certified mailings shall be paid for
by the applicant.
C.
Closing of hearing; decision of Planning Board.
(1)
The hearing on the minor subdivision plat shall be closed
upon motion of the Planning Board within 120 days after it has been opened.
The Planning Board shall not close the public hearing on the minor subdivision
plat until it has acted on the negative declaration if a draft environmental
impact statement has not been required. If a draft environmental impact statement
has been 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
SEQR. 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 minor subdivision plat. Within 30 days
of the filing of the final environmental impact statement, the Planning Board
shall issue a written findings statement and make its decision on the minor
subdivision plat.
(2)
If the Planning Board determines that the preparation
of a draft environmental impact statement on the minor subdivision plat is
not required, within 62 days from the date of the closure of such public hearing,
the Planning Board shall act by resolution on the minor subdivision Plat.
The Planning Board shall decide to approve, conditionally approve with or
without modification or disapprove the minor subdivision plat. The Planning
Board shall specify the basis for its decision in a resolution; the Planning
Board shall also specify the basis for its decision in the minutes of the
Planning Board meeting. In the event that the hearing is not held, or if the
Planning Board fails to disapprove the subdivision plat within the 62 days
prescribed above, the plat shall be deemed approved in accordance with the
provisions of § 276 of New York State Town Law. The time in which
the Planning Board must take action may be extended only by mutual consent
of the applicant and the Planning Board.
D.
Filing of plat; certification; expiration of approval.
(1)
Upon a resolution of approval, an original mylar of the
plat, acceptable for filing in the Dutchess County Clerk's office, and
four copies of the subdivision plat shall be provided by the applicant and
properly signed by the Chairperson of the Planning Board. The subdivision
plat may then be filed by the applicant in the office of the Dutchess County
Clerk. Any minor subdivision plat not so filed or recorded within 60 days
of the date upon which such plat is approved, or considered approved by reason
of the failure of the Planning Board to act, shall become null and void, as
specified in § 276 of New York State Town Law.
(2)
If conditional approval is granted, the Planning Board
shall empower the Chairperson of the Planning Board to sign the minor subdivision
plat upon compliance with such conditions and requirements as may be stated
in its resolution of conditional approval. Within five business days of the
resolution granting conditional approval the plat shall be so certified by
the Chairperson of the Planning Board as conditionally approved, a copy filed
in the office of the Town Clerk and a copy returned to the applicant. The
copy returned to the applicant shall include, by attachment of the Planning
Board's resolution, a statement of such requirements which, when completed,
will authorize the signing of the conditionally approved minor subdivision
plat.
(3)
Conditional approval of a minor subdivision plat shall
expire 180 days after the date of the resolution granting such approval unless
the conditions and requirements have been certified as completed within that
time. The Planning Board may, however, extend the time within which a conditionally
approved plat may be submitted for signature, if, in its opinion, such extension
is warranted by the particular circumstances, for a time not to exceed two
additional periods of 90 days each.
E.
Upon a resolution by the Planning Board to disapprove
a minor subdivision plat, the applicant shall be notified within five business
days of the Planning Board's decision, and all reasons for such disapproval
of the minor subdivision plat shall be specified in writing.
Preliminary subdivision plats shall conform to the definition provided
in Appendix A of these regulations.
A.
A preliminary subdivision plat shall not be considered
complete until a negative declaration has been prepared or until a notice
of completion of a draft environmental impact statement has been filed in
accordance with the provisions of SEQR. If the Planning Board determines that
a draft environmental impact statement is not required on the application,
within 62 days of the receipt of the complete subdivision plat, the Planning
Board shall hold a public hearing on such plat. If the Planning Board determines
that an environmental impact statement is required on such plat and that a
public hearing is required on the draft environmental impact statement, the
public hearing on the plat and the draft environmental impact statement shall
be held jointly within 62 days after the notice of completion of a draft environmental
impact statement has been filed. If no public hearing is held on the draft
environmental impact statement, the public hearing on the subdivision plat
shall be held within 62 days of filing the notice of completion.
B.
Notice of public hearing.
(1)
Notice of the public hearing shall be advertised at least
once in the officially designated general circulation newspaper of the Town
at least five days before such hearing if no hearing is held on the draft
environmental impact statement or 14 days if a hearing is held jointly. The
Planning Board shall also mail copies of the public hearing notice by certified
mail, at least 10 days prior to the public hearing if no hearing is held on
the draft environmental impact statement or 14 days if a hearing is held jointly,
to the following:
(a)
Applicant(s), involved agencies and as otherwise required
by SEQR.
(b)
All owners of property located within 200 feet of the
property lines of the parcel to be subdivided.
(c)
All owners of land within 500 feet of a farm operation
located in a New York State Agricultural District; such owners shall, in addition,
be sent an agricultural data statement on forms supplied by the Town of Milan
and prepared by the applicant.
(2)
The actual costs incurred with publication of the public
hearing notices in the newspaper and certified mailings shall be paid for
by the applicant.
C.
Closing of hearing; decision of Planning Board.
(1)
The hearing on the preliminary subdivision plat shall
be closed upon motion of the Planning Board within 120 days after it has been
opened. The Planning Board shall not close the public hearing on the preliminary
subdivision plat until it has acted on the negative declaration if a draft
environmental impact statement has not been required. If a draft environmental
impact statement has been 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 SEQR. 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 subdivision
plat. Within 30 days of the filing of the final environmental impact statement,
the Planning Board shall issue a written findings statement and make its decision
on the preliminary subdivision plat.
(2)
If the Planning Board determines that the preparation
of a draft environmental impact statement on the preliminary subdivision plat
is not required, within 62 days from the date of the closure of such public
hearing, the Planning Board shall act by resolution on the preliminary subdivision
plat. The Planning Board shall decide to approve, approve with or without
modification or disapprove the preliminary subdivision plat. The Planning
Board shall specify the basis for its decision in a resolution; the Planning
Board shall also specify the basis for its decision in the minutes of the
Planning Board meeting. In the event that the hearing is not held, or if the
Planning Board fails to disapprove the subdivision plat within the 62 days
prescribed above, the plat shall be deemed approved in accordance with the
provisions of § 276 of New York State Town Law. The time in which
the Planning Board must take action may be extended only by mutual consent
of the applicant and the Planning Board.
D.
Certification and filing of plat.
(1)
Within five business days of the adoption of the resolution
granting approval of such preliminary subdivision plat, such plat shall be
certified by the Planning Board as having been granted preliminary approval
and a copy of the plat and resolution shall be filed in the Planning Board's
office. A copy of the resolution shall be mailed to the owner.
(2)
Within five business days from the date of adopting of
the resolution approving the preliminary plat, the Chairman or other duly
authorized member of the Planning Board shall file a copy of such resolution
in the office of the Town Clerk.
E.
When approving a preliminary plat, the Planning Board
shall state in writing the modifications, if any, it deems necessary for submission
of the plat in final form with respect to the specific changes which will
be required in the preliminary plat, the extent of waivers which may have
been specifically requested and which, in the Planning Board's opinion,
may be authorized without jeopardy to the public health, safety and general
welfare and the categories of improvement and the estimated amount of all
bonds or similar performance guarantees which the Planning Board shall require
as a requisite to approval of the final plat. The action of the Planning Board,
plus any conditions attached thereto, shall be noted on three copies of the
preliminary plat, which notation may occur by attachment of a certified copy
of the Planning Board's resolution, within five days of the Board's
decision on the preliminary plat. One copy shall be returned to the applicant,
one copy shall be retained by the Planning Board and one copy shall be forwarded
to the Town Clerk. Prior to the approval of the final plat, the Planning Board
may require additional changes as a result of further study of the subdivision
in final form or as a result of new information obtained at the public hearing.
F.
Within six months of the approval of the preliminary
plat, the applicant must submit the plat in final form. If the final plat
is not submitted within six months, approval of the preliminary plat may be
revoked by the Planning Board.
Final subdivision plats shall conform to the definition provided in
Appendix A of these regulations.
A.
Public hearing; notice.
(1)
The Planning Board shall hold a public hearing on a proposed
final plat which is not in substantial agreement with the approved preliminary
plat, within 62 days after receipt of a complete application for final plat,
submitted to the Planning Board Secretary, in accordance with § 276
of the New York State Town Law. The Planning Board, in reviewing the proposed
final plat which is not in substantial agreement with the approved preliminary
plat, shall determine whether to require a draft environmental impact statement.
If the Planning Board determines that a draft environmental impact statement
is required on such plat and that a public hearing is required on the draft
environmental impact statement, the public hearing on the plat and the draft
environmental impact statement shall be held jointly within 62 after the notice
of completion of a draft environmental impact statement has been filed in
accordance with the provisions of SEQR.
(2)
Notice of the public hearing shall be advertised at least
once in the officially designated general circulation newspaper of the Town
at least five days before such hearing if no hearing is held on the draft
environmental impact statement or 14 days if a hearing is held jointly. The
Planning Board shall also mail copies of the public hearing notice by certified
mail, at least 10 days prior to the public hearing if no hearing is held on
the draft environmental impact statement or 14 days if a hearing is held jointly,
to the following:
(a)
Applicant(s), involved agencies and as otherwise required
by SEQR.
(b)
All owners of property located within 200 feet of the
property lines of the parcel to be subdivided.
(c)
All owners of land within 500 feet of a farm operation
located in a New York State Agricultural District; such owners shall, in addition,
be sent an agricultural data statement on forms supplied by the Town of Milan
and prepared by the applicant.
(3)
The actual costs incurred with publication of the public
hearing notice in the newspaper and certified mailings shall be paid for by
the applicant.
B.
The Planning Board may waive the public hearing required
for a final plat application ff the Board determines that the final plat is
in substantial agreement with the approved preliminary plat including any
modifications or requirements imposed by the Planning Board.
C.
Closing of hearing; decision of Planning Board.
(1)
The hearing on the final subdivision plat shall be closed
upon motion of the Planning Board within 120 days after it has been opened.
If a draft environmental impact statement has been 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 SEQR. 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 subdivision plat.
(2)
Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the final subdivision plat. If the Planning Board determines that the preparation of a draft environmental impact statement on the final subdivision plat is not required, within 62 days from the date of the closure of such public hearing, the Planning Board shall act by resolution on the final subdivision plat, or, if the hearing is waived pursuant to Appendix B, § 177-44B above, within 62 days of receipt of the application for a major subdivision, shall approve, conditionally approve, conditionally approve with modifications or disapprove such plat. The Planning Board shall advise the applicant, within five business days, of its decision. The basis for disapproval of any final plat shall be stated in the resolution of the Planning Board. The time frame in which the Planning Board shall take action on the final plat may be extended by mutual consent of the applicant and the Planning Board. If the Planning Board fails to act within the stated time period, the final plat shall be deemed approved pursuant to § 276 of New York State Town Law.
D.
Additional SEQR review of the proposed subdivision, if
warranted as a result of the final plat not being in substantial agreement
with the preliminary plat, must be completed by the Planning Board prior to
any action on the final plat application.
E.
If conditional approval is granted, the Planning Board
shall authorize the Chairperson of the Planning Board to sign the final plat
upon compliance with such conditions and requirements as may be stated in
its resolution for conditional approval. Within five business days of the
resolution granting conditional approval, copies of the final plat shall be
so certified by the Secretary of the Planning Board as conditionally approved,
a copy filed in the Planning Board office and a certified copy mailed to the
applicant which shall include a statement of such requirements which, when
completed, will authorize the signing of the conditionally approved plat.
Conditional approval of a final plat shall expire 180 days after the date
of the resolution granting such approval unless the requirements have been
certified as completed within that time. Upon specific request by the applicant,
the Planning Board may, however, extend the time within which a conditionally
approved plat may be submitted for signature, if, in its opinion, such extension
is warranted, for a time not to exceed two additional periods of 90 days each.
F.
Within five business days from the date of the adoption
of the resolution approving the final plat, the Chairman of the Planning Board
shall file such resolution in the office of the Town Clerk.
G.
The signature of the Chairman of the Planning Board,
constituting final approval of the subdivision plat, shall expire within 62
days from the date of such approval unless, within such sixty-two-day period,
such plat shall have been filed in the office of the Dutchess County Clerk.
In the event that the owner shall file only a section of such approved plat
in the office of the Dutchess 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 before the expiration of
the exemption period to which such plat is entitled under the provisions of § 265-a
of New York State Town Law.
H.
The owner of an approved subdivision may abandon such
subdivision pursuant to the provisions of § 560 of the New York
State Real Property Tax Law.
I.
In granting conditional or final approval of a plat in
final form, the Planning Board may permit the plat to be subdivided in two
or more sections and may, in its resolution granting conditional or final
approval, state that such requirements as it deems necessary to ensure the
orderly development of the plat be completed before such sections may be signed
by the duly authorized officer of the Planning Board. Conditional or final
approval of the sections of a final plat may be granted concurrently with
conditional or final approval of the entire plat, subject to any requirements
imposed by the Planning Board.
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APPENDIX C
Submission Requirements
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Submission requirements for minor subdivisions are as follows:
A.
An area map showing the location of that portion of the
parcel which is to be subdivided in relation to the entire parcel, and showing
the distance to the nearest road intersection. The drawing of the entire parcel
may be by either deed plot or actual survey.
B.
An actual field survey of the boundary lines of the parcel, or portion thereof, being subdivided, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the parcel shall also be located on the ground and marked by monuments as approved by the Planning Board and shall be referenced and shown on the plat. The Planning Board may modify the requirement for a field survey of the entire parcel pursuant to Article IX, § 177-33 of these Subdivision Regulations.
C.
Information concerning significant physical features
of the parcel, including specific identification of those portions of the
land within the subdivision subject to periodic inundation by floodwaters
or in a wetlands area, whether or not large enough in land area to be so designated
by the New York State Department of Environmental Conservation (NYSDEC).
D.
A copy of such covenants or deed restrictions as are
intended to cover all or part of the parcel.
E.
Documentation regarding all easements, existing or proposed,
which either affect, or are intended to affect, any portion of the subdivision
plat.
F.
Documentation regarding the presence of a certified agricultural
district or an historic district which overlaps all or a portion of the parcel.
G.
All on-site sanitation and water supply facilities shall
be designed to meet or exceed the minimum specifications of the Dutchess County
Department of Health. Written endorsement of the subdivision plat by the Dutchess
County Health Department must precede final stamping and signature by the
Planning Board if any of the proposed lots is less than five acres in land
area or otherwise subject to review by the Dutchess County Department of Health.
If Dutchess County Health Department approval is not required, certification
by the applicant's licensed professional engineer that an approvable
individual sewage disposal system location exists on each of the proposed
lots and that it is likely that a suitable individual on-site water supply
can also be developed on each of the proposed lots.
H.
Proposed subdivision name and the words "Town of Milan,
Dutchess County, New York."
I.
The date, North arrow, map scale, name and address of
record of the owner and/or applicant.
J.
An environmental assessment form (EAF), as required by
SEQR regulations.
K.
Copies of any related permit applications required for
approval of the subdivision, e.g., a NYSDEC wetlands permit or a New York
State Department of Transportation (NYSDOT) or Dutchess County Department
of Public Works highway work or access permit.
L.
The applicant shall complete and submit an agricultural
data statement, on forms supplied by the Town of Milan. Such statement shall
include the name and address of the applicant, a description of the proposed
project and its location, and the name and address of any owner of land within
an 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.
M.
Any additional requirements deemed necessary by the Planning
Board due to the unique circumstances of the subdivision plat, including the
submission of additional data more typically required of the plat for a major
subdivision. The Planning Board shall specify the reason(s) why additional
information is requested.
Submission requirements for sketch plan for major subdivision are as
follows:
A.
The proposed subdivision name or identifying title, and
the words "Town of Milan, Dutchess County, New York."
B.
The name of the property owner and/or applicant.
C.
A vicinity map sketched at a scale of one inch to 2,000
feet indicating the relationship of the proposed subdivision to the nearest
road, all roadways within 500 feet of the applicant's property and existing
school and other community facilities that will serve the subdivision. The
vicinity map may be superimposed upon a United States Geological Survey (USGS)
Topographic Map of the area.
D.
The general location of existing structures, wooded areas,
streams and other significant physical features within the portion of the
parcel to be subdivided and within 200 feet thereof.
E.
A general sketch of the proposed subdivision, layout
of lots and roads, open space areas and other features, sewer and water supply
within the area and systems of drainage.
F.
The name of the owners of all adjoining property and
others within 200 feet, including property owners across the road from the
proposed subdivision.
G.
All utilities available, whether public or private, which
are either proposed, mapped or constructed.
H.
Information regarding all existing restrictions on the
use of land, including easements, deed restrictions and location of zoning
district boundaries.
I.
Specification as to whether the parcel is located within
a certified agricultural district, historic district or hamlet zoning district.
J.
Approximate delineation of all sections of land within
the subdivision subject to periodic inundation or flooding by stormwater and
wetland areas.
K.
Information on all County and state permits required
for subdivision plat approval.
L.
A full environmental assessment form (EAF), as required
by the New York State SEQR Regulations.
Submission requirements for preliminary plats for major subdivisions
are as follows:
A.
Information on existing site conditions.
(1)
An actual field survey of the boundary lines of the tract,
or portion thereof, to be subdivided, giving complete descriptive data by
bearings and distances, made and certified by a licensed land surveyor. The
corners of the tract shall also be located on the ground and marked by monuments
of such size and type as approved by the Town Planning Board and shall be
referenced and shown on the plat.
(2)
Street rights-of-way on the subdivision and within 200
feet of its boundaries, including name and right-of-way width and location;
type, width and elevation of surface; and any legally established center line
elevations, including those at intersections and other critical points.
(3)
Location, width, identification, purpose and restrictions
upon any other rights-of-way and easements on the subdivision.
(4)
Drainage structures on the subdivision and within 200
feet of its boundaries, including type of structure and location, invert elevations,
gradients, types and sizes of all pipe and all other drainage structures where
applicable, including direction of flow.
(5)
Location and size or capacity of all other utility structures,
such as sewer, water, gas mains and power lines on the subdivision and within
200 feet of its boundaries.
(6)
As contours affect proposed improvements or existing
improvements that will be utilized, ground elevations on the tract shall be
based on a datum plane approved by the Town Engineer. For land with slope
that is less than approximately 2%, contours should be shown at intervals
of not more than two feet or as required by the Planning Board.
(7)
Marshes, ponds, streams and all land subject to periodic
or occasional flooding, or similar unstable conditions, on the subdivision
or within 200 feet of its boundaries. Indicated shall be location, approximate
land area, high water level based on one-hundred-year storm and maximum depth
of water at critical points.
(8)
Location of rock outcrops, wooded areas and significant
trees, structures, stone walls and other significant existing features for
the proposed subdivision area and within 200 feet thereof.
(9)
Tabular data regarding soils characteristics from the
United States Department of Agriculture (USDA) Soil Conservation Service soils
survey.
(10)
If the proposed subdivision will not be served by common
sewage disposal, subsurface data in accordance with Dutchess County Health
Department requirements, including date, location and graphic representation
of findings for all test holes, including location and results of percolation
and other tests to ascertain subsurface soil, rock and groundwater, conditions
and depth of groundwater, unless pits are dry at a depth of five feet.
B.
Information on proposed site development:
(1)
Roads.
(a)
Name of any new road to be checked prior to submission
with the Town Clerk to avoid duplication and will be subject to subsequent
approval of the Town Planning Board.
(b)
The width and location of any roads or public ways or
places shown on the Official Town Map within the area to be subdivided, together
with road profiles of all roads or public ways proposed by the applicant.
(c)
Right-of-way width.
(d)
Tentative center line elevations at intersections and
at principal changes in gradient.
(e)
Tentative center line gradient shown in percent of slope.
(f)
Computed sight distance at all proposed intersections
and other critical points.
(g)
Plans and cross sections, showing, as applicable, the
proposed location and of pedestrian walkways, road lighting standards, road
trees, curbs, water mains, sanitary sewers and storm drains, and the size
and type thereof, the character, width and depth of pavements and subbase
and the location of manholes, basins and underground conduits.
(h)
Preliminary designs of any bridges which may be required.
(3)
Easements, parks, restricted areas and other improvements.
(a)
Purpose and restrictions.
(b)
Designation of areas or right-of-way which are to be
offered for public dedication or deeded to homeowners' associations or
other private corporations with clear indication of proposed changes in grades
and landscaping thereon. The Planning Board may require special recreational
improvements and planting of trees, shrubs, grass and other landscaping in
all areas to be so dedicated.
(4)
Preliminary stormwater drainage system plan.
(a)
Drainage structures shall be shown on the preliminary
plat indicating the approximate location and size of proposed lines and culverts
and their profiles, including connection to the existing storm system or alternate
means of disposal.
(b)
Outline of watersheds tributary to drainage structures
and their approximate area in acres, including those which extend beyond the
boundaries of the subdivision.
(5)
Preliminary water supply and sewage treatment systems,
If public or other common facilities are available or to be provided, the
approximate location, size and profiles of all proposed water lines, valves,
hydrants and sewer lines, including connection to existing facilities as required
and provided in the Public Health Law. If private on-site facilities are provided,
design data consistent with the requirements of the Dutchess County Health
Department shall be provided to the extent applicable to the proposed subdivision.
(6)
Easements. Where the topography is such as to make difficult
the inclusion of any of the required facilities and improvements within the
public areas as laid out, the preliminary plat shall show the boundaries of
proposed permanent easements over or under private property.
(7)
Covenants, deed restrictions and other agreements. A
copy of all covenants, deed restrictions or conservation easements which either
presently affect, or are intended to apply to, all or part of the parcel.
(8)
Temporary stakes or markers. The Planning Board may require
the location of temporary stakes or markers adequate to enable the Planning
Board to locate readily and appraise the basic layout in the field, including
markers at the corners of the parcel. Unless the subdivision is adjacent to
an existing road intersection, the distance along a road from one corner of
the property to the nearest existing road intersection shall be shown.
C.
Preliminary engineering report detailing the demands
of the proposed subdivision on water, sewer, drainage, highways and related
systems and detailing the methods through which these demands shall be accommodated
and the methods, including available alternatives, through which any potentially
adverse impacts shall be mitigated.
D.
Additional data as may be required to complete the SEQR
process, as initiated with the EAF submission at the sketch plan phase.
E.
Information regarding the status of all applications
for County and state permits which may be required, such as a NYSDEC wetlands
permit; a NYSDEC stream crossing or stream disturbance permit or a NYSDOT
or Dutchess County Department of Public Works (DPW) access or work permit.
Submission requirements for final plat approval for major subdivisions
are as follows:
A.
Lot map of the entire subdivision shall be the same as
that required on the preliminary plat with the following additions for lot
layout:
(1)
Individual lot identification by a suitable system of
consecutive numbers.
(2)
Lot lines with accurate dimensions made and certified
by a licensed land surveyor.
(3)
Lot areas for each lot measured accurately to the nearest
dimension.
(4)
Minimum building setback lines, if imposed beyond zoning
requirements through deed restriction, shown and dimensioned.
B.
Survey data.
(1)
Accurate parcel boundary lines with bearings and distances.
(2)
Survey tie-in with accurate bearings and distances to
nearest established road monuments or other official monuments, which are
within reasonable distance of the property. When referenced to the state system
of plan coordinates, they shall also conform to the requirements of the New
York State Department of Transportation. They shall be placed as required
by the Town Engineer and their location noted and referenced upon the plat.
(3)
Special district boundaries, such as water or sewer,
as affect the subdivision, referenced to the subdivision survey by accurate
bearings and distances.
(4)
The length of all straight lines, the deflection angles,
radii, length of curves and central angles of all curves, tangent distances
and tangent bearings for each road.
(5)
Accurate dimensions to the nearest tenth of a foot.
(6)
Monuments and markers.
(a)
Accurate location of all monuments (existing, proposed
or to be reset) shall be shown.
(b)
Monuments or other suitable markers shall be of a approved
by the Town Engineer and shall be set at all corners and angle points of the
boundaries of the original tract to be subdivided, and at all road intersections,
angle points in road lines, points of curve and such intermediate points as
may be required by the Planning Board and Town Highway Specifications.[1]
C.
Required improvement plans and profiles.
(1)
The amount of all performance guarantees and conduct
of all required inspections shall be based on these drawings, the final plat
itself, these Subdivision Regulations and other applicable Town specifications
for such required improvements and utilities.
(2)
Unless a specific waiver is requested and granted in
writing by the Planning Board, the proposed improvements and utilities shall
comply specifically with these Subdivision Regulations and the other applicable
Town specifications for such improvements and utilities.
(3)
Basic drawing layout requirements are the same as those
required for the preliminary plat and shall also include rights-of-way, gradients
and directional arrows downhill.
(4)
Designs for water lines, sewers, road, bridges and drainage
structures shall be prepared by a licensed professional engineer.
(5)
Complete drainage system for the entire subdivision,
with appropriate development staging for each of the final plat sections,
shown graphically and related to all existing drainage features.
(6)
Utility system requirements.
(b)
Sanitary waste disposal systems.
[1]
Sanitary sewer system design shall be indicated in all
cases where public or private sewer connections exist or are proposed.
[2]
Typical lot layout indicating the location of the individual
system, where appropriate, with reference to house and water supply, and a
detailed drawing of the proposed sanitary waste disposal system.
(c)
Location of electric, telephone, cable TV, gas, and other
energy-related lines in accordance with Public Service Commission rules and
regulations.
(d)
Location and description of road lighting.
(7)
Profile drawing requirements.
(a)
Drawings shall be prepared with a horizontal scale of
one inch equals 50 feet and a vertical scale of one inch equals 10 feet, unless
otherwise approved by the Planning Board.
(b)
All profiles shall show the existing natural grades,
the typical cross section of existing or proposed roads, the center lines
of intersecting roads and a system of survey stations.
(c)
The center line profile of all proposed roads with dimensions
on vertical curves and notations as to gradient and critical elevations.
(d)
Detailed plans for bridges, culverts or similar structures.
(e)
The invert profile and location of all storm and sanitary
drainage structures (manholes, catch basins, etc.) in road rights-of-way,
drainage or other easements.
(8)
Recreation and community improvements.
(a)
Landscape plans prepared by a registered landscape architect,
architect or professional engineer indicating proposed changes in existing
grades and landscaping, including the following items: play areas, walkways,
incidental shelters, lighting, walls, new trees and shrubs (location, caliper
and botanical name) and other required improvements.
(9)
Final engineering report.
D.
Certifications.
(1)
Certification of title showing that the applicant is
the property owner or duly authorized agent of the property owner.
(2)
Written offers of cession to the Town Board for all proposed
public roads (except for rural lanes), rights-of-way, easements and open spaces
shown on the subdivision plat and copies of agreements or other documents
showing the manner in which open spaces, title of which is reserved by the
applicant, are to be maintained. If a rural lane is part of the subdivision,
an offering statement and maintenance agreement shall be submitted. All offers
of cession and covenants governing the maintenance of unceded open space shall
bear the certificate of approval of the Town Attorney as to their legal sufficiency.
(3)
A certificate by the Town Engineer certifying that the
applicant has complied with one or both of the following alternatives:
(a)
All or part of the improvements have been installed in
accordance with the requirements of these Subdivision Regulations and with
the action of the Planning Board granting approval of the preliminary plat.
(b)
A performance bond or equivalent security has been posted
available to the Town in sufficient amount to assure completion of all required
improvements.
(4)
Protective covenants and other appropriate devices in
form for recording.
(5)
Letters directed to the Chairperson of the Planning Board
and signed by a responsible official or any governmental authority or district
which must provide necessary utility service, approving the utility installation
design and assuring that adequate service will be available to accommodate
the needs of the subdivision. Assurance shall also be provided that the long-term
ownership and maintenance of the utilities shall be provided in accordance
with Article 12 of the New York State Town Law, or similarly acceptable mechanism.
(6)
A letter, in appropriate cases, directed to the Chairperson
of the Planning Board, signed by a responsible official of the State Department
of Transportation, or the Dutchess County Highway Department, approving proposed
construction and access on state or County rights-of-way, respectively. If
access or construction affects a Town roadway, approval of the Town Highway
Superintendent shall be similarly required.
(7)
To the extent required by the Public Health Law and the
Dutchess County Sanitary Code, endorsement and approval by the Dutchess County
Health Department for the plans for all water supply and sewage disposal facilities
shown on the final plat. If Dutchess County Health Department approval is
not required, certification by the applicant's licensed professional
engineer that an approvable individual sewage disposal system location exists
on each of the proposed lots and that it is likely that a suitable individual
on-site water supply may also be developed on each of the proposed lots (such
certification by the applicant's engineer shall be noted on the final
plat).
(8)
A memorandum and copies of related documentation establishing
specific compliance with each of the conditions stated within the preliminary
plat approval resolution, including a copy of all necessary permits from County
or state agencies which may be required due to the particular circumstances
of the subdivision and the nature and location of the intended improvements.
(9)
Certification that the applicant has paid the required
application fee, recreation fee (when applicable), consultant fees and other
payments specified in these Subdivision Regulations.
