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:
(1) 
Preapplication discussion.
(2) 
Preparation of preliminary plat.
(3) 
Preparation of final plat.
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.
(d) 
The location of constrained land, which shall include:
[1] 
Wetlands plus buffer areas.
[2] 
Steep slopes (over 25%).
[3] 
Water bodies.
[4] 
Watercourses.
[5] 
One-hundred-year floodplains.
(e) 
Other significant resources, which shall include:
[1] 
Vistas and viewsheds into or out of the property.
[2] 
Areas of contiguous forest lands.
[3] 
Nearby historical structures.
[4] 
Existing parklands, recreational and/or public open space.
[5] 
Any other resources deemed significant by the Town.
(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.
F. 
The Board shall initially determine whether the applicant shall develop a cluster subdivision concept for the site pursuant to the provisions of § 215-21 of the Zoning Ordinance.
[Amended 6-14-2005 by L.L. No. 3-2005]
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.
(2) 
Be accompanied by five copies of the preliminary plat and supplementary material described in Article III, § A230-10, of these regulations.
(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:
(1) 
Be made on forms provided by the Planning Board.
(2) 
Be accompanied by five copies of the final plat as described in Article III, § A230-10, of these regulations.
(3) 
Comply with the preliminary plat as approved.
(4) 
Comply with the improvement requirements of Article IV of these regulations.
(5) 
Be presented to the Chairman of the Planning Board at least two weeks prior to a regular meeting of the Board.
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.)
(1) 
The data required by § A230-10.
(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]
(a) 
Its approval or disapproval of the preliminary plat; and/or
(b) 
Conditional approval, the character and extent of the conditions and improvements which it will require as a prerequisite to approval of the final plat to be submitted subsequently.
(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.