Whenever any subdivision of land is proposed,
before any offer or contract is made to sell any part or the entire
subdivision, the subdivider shall apply in writing for approval of
the proposed subdivision in accordance with the following procedure.
[Added 6-26-2008 by L.L. No. 2-2008]
A. Applications. The Planning Board, by resolution, can
establish an application form for use by all applicants in submitting
matters to the Board for consideration. Said application will contain
such information as the Planning Board deems is necessary for its
due consideration and as required by this chapter.
B. Rules of procedure. The Planning Board shall have
the authority to adopt such rules governing its proceedings as it
deems necessary for the orderly administration of its duties. Said
rules will be consistent with the requirements of law and will be
effective when filed with the Town Clerk.
Before the subdivision of land, the owner or
his representative shall meet with the Planning Board or its representative
to express general intent to subdivide and determine sketch plan requirements.
[Amended 11-14-2002 by L.L. No. 2-2002; 6-26-2008 by L.L. No. 2-2008; 2-27-2014 by L.L. No. 1-2014]
A. Application. Prior to submitting an application for approval of a
proposed subdivision or resubdivision, the subdivider shall submit
an application for sketch plan review to the Planning Board for the
purposes of classification of the proposed subdivision as a major
or minor subdivision, general consideration of factors and problems
affecting development of the land to be subdivided or resubdivided
and familiarizing the subdivider with the Planning Board's requirements
and the Board with the nature of the subdivider's proposal so as to
minimize the need for time-consuming and costly revisions to subdivision
plats. The application shall be made on forms issued by the Planning
Board and available in the Planning Office.
B. Submission of sketch plan. The applicant shall submit six copies
of the sketch plan map and application for the proposed subdivision
to the Planning Board by 12:00 p.m. on the last working day of the
month. The Planning Board or its representative and the applicant
shall agree on a classification of subdivision: minor or major. A
sketch plan is required to receive classification as a minor subdivision.
The sketch plan should show at least the following information:
(1) The words "sketch plan," the proposed name of the subdivision or
resubdivision, the words "Town of East Fishkill, Dutchess County,
New York," the date, the true North point, the graphic scale and the
name(s) and address(es) of the record owner(s), subdivider and person(s)
responsible for preparation of the sketch plan.
(2) A location map at a scale of 2,000 feet to the inch, indicating the
relationship of the proposed subdivision to existing community facilities
that serve it, such as roads, shopping areas and schools.
(3) A topographic map of the area to be subdivided, showing in simple
sketch form the proposed layout of streets, lots, recreation areas,
and other features.
(4) General information necessary to explain and/or supplement the location
map and sketch plan.
(5) Map of environmentally sensitive lands.
(6) Approximate locations of all existing structures, wooded areas, streams
and other significant physical features within the property to be
subdivided and within 100 feet thereof.
(7) Approximate locations of floodways and special flood hazard areas
as shown on the official Flood Insurance Map and Flood Boundary and
Floodway Map as published by the Federal Emergency Management Agency.
(8) The Tax Map sheet, block and lot numbers.
(9) The zoning district(s) in which the property proposed to be subdivided
or resubdivided is located.
(10)
A schematic layout (line diagram) of proposed systems for drainage,
public sewerage and public water supply.
(11)
All existing restrictions on the use of the property proposed
to be subdivided or resubdivided.
C. Sketch plan study, modification and approval. The
Planning Board shall review the sketch plan and within 30 days of
the official submission date shall inform the applicant that the proposed
subdivision as submitted or as modified will meet the objectives of
these regulations. In the event the sketch plan is found unacceptable,
the applicant will be asked to submit a new plan before proceeding
with a preliminary plat submission.
D. A fee as set by the Town Board will be required upon
submission of a sketch plan proposal.
[Added 2-27-2014 by L.L. No. 1-2014]
A. Within six months after classification of the subdivision or resubdivision shown on the sketch plan as a minor subdivision by the Planning Board, the subdivider may submit an application for final approval of a subdivision plat for a minor subdivision, together with the long environmental assessment form. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The subdivision plat for a minor subdivision shall conform to the layout shown on the sketch plan, any recommendations made by the Planning Board during sketch plan review and the requirements of Article
VI, §
163-23, of this chapter, except that the Planning Board may, by resolution, vary and/or waive certain requirements for final subdivision plat as set forth in this chapter, provided that such variations and/or waivers will not have the effect of nullifying the intent and purpose of Chapter
194, Zoning, the Comprehensive Plan, the Official Map, if any, and this chapter. For minor subdivisions of two lots or less, the Planning Board may, by resolution, vary and/or waive the requirement for a public hearing. At any time, the Planning Board may require a minor subdivision to comply with all or some of the requirements specified for major subdivisions, as it deems necessary for the protection of public health, safety, and welfare.
B. After the effective date of these regulations, a tract of land shall
constitute a major subdivision upon the proposed creation of the sixth
lot or building lot irrespective of the length of time which may elapse
prior to the time the sixth lot is proposed for creation. Upon that
event, all provisions applying to major subdivisions shall apply to
the subdivision of the sixth lot and all other proposed subdivisions
of the original tract of land, at that time and subsequently.
For a resubdivision, the same procedure, rules
and regulations apply as for a subdivision.