A.
Whenever any subdivision or resubdivision of land
in the Town of Pawling is proposed, the subdividing owner or his authorized
agent shall apply for and secure approval of such proposed subdivision
before any permit for the erection of a structure in such proposed
subdivision shall be granted. Approval of a proposed subdivision shall
be obtained in accordance with the procedure specified in this Article.
The application and approval process includes the following phases:
B.
The first phase is mandatory to acquaint the subdivider
with the Board's requirements and to familiarize the Board with the
nature of his proposal, in order to avoid unnecessary expense due
to costly revision of the subdivision plats. The second and third
phases are also mandatory review and approval stages. The preliminary
and final plat stages may only be initiated upon the authorization
of the Board, subsequent to compliance with the preapplication process.
[Amended 6-14-2005 by L.L. No. 3-2005]
The Planning Board has accumulated a considerable
body of information which may be of material assistance to the prospective
subdivider. Therefore, developers in the Town are invited to meet
with the Planning Board at one or more of its regular meetings before
proceeding with the preparation of detailed plans. This will afford
an opportunity to discuss with the Board the requirement as to the
general layout of streets and reservations of land, street improvements,
drainage, sewerage, water, fire protection and similar matters, as
well as the availability of existing services.
A.
Preparation for preapplication discussion. Before attending the initial conference, the applicant or his duly authorized representative should be familiar with the regulations, standards and requirements contained in these land subdivision regulations and in Chapter 215, Zoning, of the town. He should also study the Town Master Plan to determine what recommendations may already have been suggested for the use of his property. The applicant should also be familiar with applicable state and/or county regulations, standards and requirements relative to the proposal.
B.
Maps required for preapplication discussion. To aid
in presenting the proposal to the Planning Board, the applicant shall
provide the Planning Board with nine copies of the following maps:
[Amended 6-14-2005 by L.L. No. 3-2005; 8-25-2009 by L.L. No.
6-2009]
(1)
A vicinity map sketched to a scale of 2,000 feet to the inch, indicating
the relationship of the proposed subdivision to existing community
facilities which serve it, such as roads, shopping, schools, etc.
Such sketch may be superimposed upon a United States Geodetic Survey
Map of the area.
(2)
A map, at a scale acceptable to the Planning Board, showing:
(a)
All land owned by the applicant.
(b)
The location and ownership of all adjoining property.
(c)
Soil types and boundaries, and topography on the site.
(f)
The intent of the preliminary mapping is to illustrate the applicant's
intent to protect natural constraints, buffer areas, etc., and to
identify possible points of access to the site and general areas where
development may be situated. No engineered plans or intended lot arrangements
should be presented at this stage, in order to minimize costs to the
applicant, since the intent of this stage is to obtain initial comments
of the Board for the type and appropriateness of development which
appears feasible for the subject parcel.
(3)
Overlay drawings, to include soil types and topography on the site,
may be required.
C.
In presenting the proposed subdivision to the Planning
Board at one of its regular meetings, the applicant should provide
general subdivision information necessary to explain and/or supplement
the vicinity and area maps.
D.
The Planning Board shall forward two copies of the
maps to the Town Conservation Advisory Board, which shall make an
evaluation of the proposal and submit a written report to the Planning
Board within 30 days of receipt of the maps from the Planning Board.
E.
The applicant shall determine the requirements of
the Dutchess County Health Department, whose approval is required
by these regulations and which must eventually approve any subdivision
plat coming within its jurisdiction.
A.
Any subdivider who proposes to develop a subdivision
in the Town of Pawling shall submit plats and documents as provided
in these regulations.
B.
The following general requirements are applicable
to both the preliminary plat and the final plat submittal:
(1)
The final plat shall be clearly and legibly drawn
on Mylar with black waterproof ink, at a convenient scale of not more
than 100 feet to the inch.
[Amended 2-8-2005 by L.L. No. 1-2005; 6-14-2005 by L.L. No.
3-2005]
(2)
Drawings shall be submitted on uniform-size sheets,
not larger than thirty-six by forty-eight (36 x 48) inches. When more
than one sheet is required to show the plat, an index map of the same
size shall be submitted.
(3)
All submissions shall indicate:
(a)
The proposed subdivision name or identifying
title.
(b)
The words "Town of Pawling, Dutchess County,
New York."
(c)
The name and address, including telephone number,
of the record owner and/or subdivider.
(d)
The name and address, including telephone number,
and seal of the licensed professional person(s) responsible for the
subdivision design, for the design of public improvements and for
surveys.
(e)
The date, approximate true North point and graphic
scale.
(f)
Legend items.
(4)
A vicinity map [as referred to in § A230-9B(1)] showing streets and other general development of the surrounding area. The map shall show all school and improvement districts lines with the zones properly designated.
(5)
An area map at a scale of one inch equals 100 feet,
showing the location of the proposed subdivision with respect to all
streets and property within 1,000 feet of the applicant's tract and
identifying all property in the area held by the applicant. The area
map shall include the following:
(a)
The location, bearings and distances of the
tract boundary.
(b)
The topography at a contour interval of not
more than five feet, unless waived by the Planning Board, and referred
to a datum satisfactory to the Board.
(c)
The location and width of all existing and proposed
streets and easements, alleys and other public ways and easement and
proposed street rights-of-way.
(d)
The location, width and grade of all proposed
streets, with approximate elevations shown on the beginning and end
of each street, at street intersections and at all points where there
is a change in the slope or direction and a detailed road centerline
profile of all proposed roads.
(e)
The location of property lines, existing easements,
burial grounds, railroad rights-of-way, watercourses, swamps, rock
outcrops and existing wooded areas or trees eight inches or more DBH;
location, width and names of all existing or platted streets or other
public ways within or immediately adjacent to the tract; names of
adjoining property owners from the latest assessment rolls within
500 feet of any perimeter boundary of the subdivision or the names
of adjacent developments.
(f)
The location, dimensions and areas of all proposed
or existing lots and suggested location of buildings.
(g)
The location, sizes, elevations and slopes of
existing sewers, water mains, culverts, storm drains and other underground
structures within the tract and immediately adjacent thereto and the
existing permanent buildings and utility poles on or immediately adjacent
to the site and utility rights-of-way. The pipe sizes, grades and
direction of flow should be provided.
(h)
The location, name and dimensions of existing
parks and public properties.
(i)
The location, dimensions and area of all parcels
of land proposed to be set aside for park or playground use or other
public use or for the use of property owners in the proposed subdivision.
(j)
An indication of the use of any lot (single-family,
two-family, multifamily, townhouse) and all uses, other than residential,
proposed by the subdivider.
(6)
Proposed provision of water supply, fire protection,
sanitary waste disposal, stormwater drainage, street trees, streetlight
fixtures, street signs and sidewalks.
(7)
Whenever the plat covers only a part of an applicant's
contiguous holdings, the applicant shall submit, at the scale of not
more than 200 feet to the inch, a sketch, in pen or pencil, of the
proposed subdivision area, together with its proposed street system
and an indication of the probable future street system and drainage
system of the remaining portion of the tract.
(8)
Sufficient data acceptable to the Town Engineer to
determine readily the location, bearing and length of all lines and
to reproduce such lines upon the ground and the location of all proposed
monuments.
(9)
In order to facilitate inspection and review of the
site of the proposed subdivision, temporary staking along the approximate
center line of all proposed roads in the subdivision will be required.
The subdivider shall provide stakes as follows:
(a)
Along the center line of each proposed road
at intervals of not more than 100 feet and at each point of beginning
and ending of each curve. Each stake shall be identified by station
marking to conform to the plans as presented and shall be so placed
as to extend at least three feet above ground surface. Inasmuch as
these stakes are not permanent, a tolerance of up to one foot from
the exact position will be allowed.
(b)
A stake shall be placed at the approximate intersection
of each side lot line with the street line, marked with the identifying
numbers of each abutting lot, as shown on the preliminary plat. These
stakes shall be maintained in position during construction operations.
(c)
All stakes referred to in this section shall
be in position at the time the preliminary application is presented
to the Planning Board. The Planning Board will not conduct its field
inspection of the property until such stakes have been positioned.
(d)
All stakes removed or destroyed prior to the
approval of the final plat shall be replaced by the applicant, if
required by the Planning Board or its authorized representatives.
(10)
The Planning Board shall determine whether architectural
review of any proposed site development shall be required for the
subdivision, as well as the need for an overall landscaping plan for
the project. If so, the applicant shall incorporate these requirements
into the subdivision proposed for the subject parcel.
[Added 6-14-2005 by L.L. No. 3-2005]
A.
Application procedure. Prior to filing an application
for the approval of a final plat, the applicant shall file an application
for the approval of a preliminary plat. The application shall:
[Amended 8-9-1994 by L.L. No. 1-1994]
(1)
Be made on forms available at the Town offices.
(3)
Comply in all respects with the requirements specified
in these regulations and with the provisions of §§ 276
and 277 of the Town Law and all applicable governing statutes.
(4)
Be submitted to the Chairman of the Planning Board
or to the Town Clerk, at least two weeks prior to the date of the
meeting of the Planning Board.
B.
Study of preliminary plat. The Planning Board will carefully study the practicability of the preliminary plat, taking into consideration the requirements of the community, the best use of the land being subdivided and the policy set forth in § A230-3. Particular attention will be given to:
(1)
The proposed arrangement, location and width of streets.
(2)
The relation of proposed streets to the topography
of the land.
(3)
Sewage disposal.
(4)
Drainage.
(5)
Proposed lot sizes, shape and layout.
(6)
Future development of adjoining lands as yet unsubdivided.
(7)
The requirements of the Town Master Plan and the Official
Map, if and when adopted.
(8)
Matters enumerated in § 277 of the Town
Law.
C.
Applicant to attend Planning Board meeting. The applicant
shall attend a regular meeting of the Planning Board to discuss the
preliminary plat and the Board's tentative conclusions.
A.
Application procedure. Within 180 days after approval
of the preliminary plat is granted, the applicant shall file with
the Planning Board an application for approval of a final plat. The
application shall:
B.
The final plat submitted to the Board shall show or
be accompanied by the following information: (In considering an application
for a two-lot or a minor subdivision, the Planning Board may, in its
sole discretion, waive any or all of the requirements of this section.)
(2)
The location, width and name of each proposed street
and typical cross sections showing street pavement and, where required,
curbs, gutters and sidewalks.
(3)
The lengths and deflection angles of all straight
lines and radii, length, central angles, chords and tangent distances
of all curves for each street proposed.
(4)
Profiles showing existing and proposed elevations
along the center lines of all proposed streets and the elevations
of existing streets for a distance of 100 feet either side of their
intersection with a proposed street.
(5)
The present elevations of all proposed streets shown
every 100 feet at five points on a line at right angles to the center
line of the street, said elevation points being indicated at the center
line of the street, each property line and points 30 feet inside each
property line (only when required by the Board because of existence
of steep slopes).
(6)
Setback lines.
(7)
The location, size and invert elevations of existing
and proposed stormwater drains and sanitary sewers and the exact location
of utilities and fire hydrants.
(8)
The location of street trees, streetlighting standards
and street signs.
(9)
The area of all lots in hundredths of an acre.
(10)
The location, material and size of all permanent
monuments.
(11)
The accurate location of all property to be
offered for dedication for public use, with the purpose indicated
thereon, and of all property to be reserved by deed covenant for the
common use of the property owners of the subdivision.
(12)
Necessary agreements in connection with required
easements or releases.
(13)
Formal offers of cession to the Town of all
streets and public parks.
C.
Public acceptance of proposed streets and park areas.
The approval by the Planning Board of a final plat shall not be deemed
to constitute or imply the acceptance by the Town of any street, sidewalk,
sewer, improvement, 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 area.
D.
Notation of any self-imposed restrictions and locations
of any building lines proposed to be established in this manner. A
proof of ownership by the applicant of the premises covered by the
application.
E.
Endorsement of state and/or local agencies. The proposed
final plat shall be submitted to and properly endorsed by the County
Health Department and other agencies having jurisdiction as meeting
the applicable standards of the state and/or local agencies before
any public hearing on the final plat is scheduled.
F.
Signing of plat.
(1)
A final 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.
(2)
Every final plat approved by the Board shall carry
a written endorsement of the Planning Board, signed by the Chairman.
In the absence of the Chairman or Secretary, the Acting Chairman or
Acting Secretary, respectively, may sign in his place.
G.
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 Board. In the event that any final 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.
A.
Official submittal date. The date when a preliminary
or final plat shall be considered submitted to the Planning Board,
as provided in § 276 of the Town Law, is hereby defined
to be the date of the meeting of the Planning Board at which the applications,
fees, required surveys, plans and data are submitted.
B.
Public hearing. Before the Planning Board acts on
any preliminary plat, it shall hold a public hearing thereon in accordance
with § 276 of the Town Law within 62 days of receipt of
the preliminary plat by the Planning Board. Public notice of such
hearing shall be provided as set forth below:
[Amended 2-8-2005 by L.L. No. 1-2005; 7-11-2012 by L.L. No.
2-2012]
(1)
The
hearing shall be advertised at least once in a newspaper of general
circulation in the Town at least five days before the date of the
hearing.
(2)
Notice
to property owners. At least seven days before the hearing, the applicant
shall mail notice to property owners as follows:
(a)
Form and content. Such notice shall include the name of the applicant,
the location of the parcel of land and a brief description or identification
of the proposal and shall also specify the date, time and place of
the public hearing.
(b)
Transmittal. Such notice shall be sent by United States Postal Service
certified or registered mail to the owners of all lots in the Town
which are within 300 feet of the parcel to which the application pertains,
which owners and their addresses shall be as indicated in the current
Town Tax Assessor's records.
(c)
Certification. Prior to or at the time of the public hearing, the
applicant shall provide to the Planning Board a copy of the required
notice, a list of all the owners to whom such notice was mailed and
either an affidavit that the mailing was completed as required herein
or copies of all mailing receipts.
C.
Required changes for preliminary approval.
(1)
After discussion of the preliminary plat and within 62 days of the public hearing required in Subsection B above, the Planning Board shall advise the applicant, in writing, of:
[Amended 2-8-2005 by L.L. No. 1-2005]
(2)
The ground for modification, if any, or the ground
for disapproval shall be stated upon the records of the Planning Board.
(3)
This shall constitute approval of the preliminary
plat. The time within which the Planning Board must act on the preliminary
plat may be extended by mutual consent of the subdivider and the Planning
Board.
D.
Within five days of the approval of such preliminary
plat, it shall be certified by the Planning Board as granted preliminary
approval and a copy filed in the Planning Board office and a certified
copy mailed to the owner.
E.
Within 180 days of the approval of the preliminary
plat, the subdivider must submit the plat in final form. If such plat
is not submitted, approval of the preliminary plat may be revoked
by the Planning Board.
F.
Public hearing. Before the Planning Board acts on
any final subdivision plat previously having received preliminary
plat approval, it shall hold a public hearing thereon in accordance
with § 276 of the Town Law, within 62 days of the submission
of the plat in final form. Public notice of such hearing shall be
provided in the same manner as set forth herein for the hearing for
a preliminary plat. The Planning Board shall approve, conditionally
approve with or without modifications or disapprove the final plat
within 62 days of the public hearing. The Planning Board shall notify
the applicant, in writing, of its decision, and the grounds for disapproval
of any plat shall be stated on the records of the Planning Board.
The time within which the Planning Board shall act on the final plat
may be extended by mutual consent of the subdivider and the Planning
Board. The Planning Board may waive the public hearing on the final
plat if it is deemed to be in substantial agreement with an approved
preliminary plat.
[Amended 2-8-2005 by L.L. No. 1-2005; 7-11-2012 by L.L. No.
2-2012]
G.
Within five days of a resolution of conditional approval
of the final plat, the plat shall be certified by the Planning Board
as conditionally approved and a copy filed in the Planning Board office
and a certified copy mailed to the owner, including a certified statement
of such requirements which when completed will authorize the signing
of the conditionally approved final plat. Upon completion of such
requirements, the plat shall be signed by a duly authorized officer
of the Planning Board. Conditional approval of a final plat shall
expire within 180 days after the date of the resolution granting conditional
approval unless such requirements have been certified as completed.
H.
Filing of approved final plat. An approved final plat
must be filed in the Dutchess County Clerk's office within 60 days
from the approval date. If it is not, the approval expires and becomes
null and void.
