Whenever any subdivision or resubdivision of land in the Town
of Pleasant Valley is proposed, the subdividing owner, or his/her
authorized agent, shall apply for and secure approval of such proposed
subdivision before any contract for the sale of any part thereof is
made and 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. No alteration of land shall commence prior to final plat
approval by the Planning Board, except for required testing to obtain
Dutchess County Board of Health approval.
Prior to filing a formal application for approval of a subdivision plat pursuant to §§ 82-11 and 12, the applicant shall participate in the preapplication procedure. The preapplication procedure is a two-part process. The first step is to submit a resource analysis and participate in the conceptual discussion with the Town of Pleasant Valley Planning Board. The second step is to submit a sketch plan.
A.
Resource analysis and conceptual discussion phase. Prior to the submission of a sketch plan, an applicant must prepare a resource analysis and participate in a discussion with the Planning Board to determine a conceptual plan for the proposed subdivision, as specified in § 82-26 of these regulations.
(1)
The applicant should become familiar with the Town's Subdivision
Regulations, Comprehensive Plan, Zoning Law,[1] Wetland, Water Body and Watercourse Protection Law[2] and all other applicable Town Code regulations, Greenway
Connections,[3] and SEQR requirements in order to have a general understanding
of the process.
(2)
Applications for resource analysis review shall be submitted to the
Planning Board. The number of copies needed shall be specified by
the Planning Board and stated in the application forms. A filing fee
as specified by the Town subdivision fee schedule shall accompany
the submission. There shall be no statutory time limit for the review
of the resource analysis, nor the need to make a determination of
whether the subdivision application is complete.
B.
Study of resource analysis and conceptual discussion. The Planning
Board shall review the applicant's resource analysis submittal.
The applicant should be prepared to discuss possible subdivision concepts,
based on the site's resource analysis and the conceptual design
discussion. The reviewing board, in conjunction with the applicant,
will fill out Form A of the resource analysis question-and-answer
survey. The resource analysis, conceptual design discussion, and survey
will form the basis for the design of the subdivision and should be
reflected in the sketch plan and preliminary plan.
C.
Sketch plan. Prior to filing a formal application for approval of a subdivision plat pursuant to § 82-11 or 82-12, the applicant shall:
(1)
Determine the requirements of the Town of Pleasant Valley Planning
Board, the Zoning Regulations,[4] the Town Code, the Dutchess County Planning Department,
the Dutchess County Health Department and the New York State Department
of Public Works, whose approval is required by these regulations,
the Sanitary Code of Dutchess County and the General Municipal Law
of the State of New York.
(2)
Submit to the Town Planning Board copies, of the number specified by the Planning Board, of a sketch plan submission form, sketch plan and general information, as specified in § 82-27 of these regulations, and a subdivision plat pursuant to § 82-11 or 82-12. A filing fee as specified by the Town subdivision fee schedule shall accompany the submission.
D.
Review of sketch plan. The Planning Board shall review the applicant's
sketch plan and within 60 days of the submission date shall inform
the applicant, in writing, that the proposed subdivision as submitted,
or as modified, will meet the objectives of these regulations. However,
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. Reasons for recommended modifications of the sketch plan or
total rejection shall be stated on the records of the Planning Board.
E.
Expiration of application. Failure of an applicant to pursue an application
either through an appearance before the Planning Board or submission
of written materials in response to requests or questions from the
Planning Board for a period of one year from the last date of any
such action on an application shall be deemed a withdrawal of application.
Any future action thereon shall be deemed a new application, subject
to all rules and regulations in effect at such later date. The Planning
Board may, in its discretion, waive a subsequent filing fee upon such
application, but may not waive the application of any new rules and
regulations promulgated during the period subsequent to the initial
filing.
A.
Application procedure. Prior to filing an application for the approval
of a plat, the applicant shall file an application for the approval
of a preliminary plat. The application shall:
(1)
Be made on forms available at the office of the Zoning Administrator.
(2)
Include all land which the applicant proposes to subdivide.
(4)
Comply in all respects with the requirements specified in Article IV of these regulations and with the provisions of §§ 276 and 277 of the Town Law.
(5)
Be submitted to the Chair of the Planning Board.
(6)
Be accompanied by fees as specified by the Town subdivision fee schedule.
B.
Study of preliminary plat. The Planning Board will carefully study the practicability of the preliminary plat, taking into consideration the results of the resource analysis and sketch plan discussions, the requirements of the community as expressed in the Comprehensive Plan, the best use of the land being subdivided and the policy set forth in § 82-4. Particular attention will be given to the proposed arrangement, location and width of streets; the relation of proposed streets to the topography of the land; sewage disposal; drainage; proposed lot sizes, shape and layout; future development of adjoining lands as yet unsubdivided; the requirements of the Town Plan and the Official Map; and matters enumerated in § 277 of the Town Law.
C.
Applicant to attend Planning Board meeting. The applicant should
be prepared to attend a regular meeting of the Planning Board to discuss
the preliminary plat and the Board's tentative conclusions.
D.
SEQR classification. New York State Environmental Quality Review
(SEQR) classification should be determined by the Planning Board and
discussed with the applicant at completion of the resource analysis
and conceptual plan review and sketch plan preapplication discussion.
E.
SEQR. The Planning Board shall initiate the New York State Environmental
Quality Review Act (SEQR) process, as defined in Article 8 of the
Environmental Conservation Law and Part 617 of the New York Codes,
Rules and Regulations, upon completion of the resource analysis and
conceptual discussion stage and sketch plan phase of the application
process, and when a preliminary plat application is determined to
be complete. The Planning Board shall review the short or full environmental
assessment form and, if applicable, the draft environmental impact
statement submitted by the applicant with the preliminary plat application
materials. The applicant shall be informed by the Board as to whether
the application will be subject to additional environmental review
as specified in the SEQR regulations. All requirements of SEQR shall
be completed prior to any approval of the preliminary plat by the
Planning Board.
F.
SEQR determination. No determination of significance will be determined
prior to the public hearing.
G.
Approval of the preliminary plat.
(1)
Within 62 days after the receipt of such complete preliminary plat
by the Secretary of the Planning Board, the Planning Board shall hold
a public hearing, which hearing shall be advertised at least once
in the official newspaper and not less than five days before the date
of the hearing, and notice shall be sent to adjoining property owners.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such preliminary plat, including requiring a sign on the site notifying
the public of the application and the date of the public hearing.
(2)
Within 62 days after the date of such hearing, the Planning Board
shall approve, with or without modification, or disapprove such preliminary
plat; and the grounds of a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board.
The time in which the Planning Board must take action on such plat
may be extended by mutual consent of the subdivider and the Planning
Board, which consent is verified in writing by both parties. When
so approving a preliminary plat, the Planning Board shall state in
writing modifications, if any, as it deems necessary for submission
of the plat in final form.
(3)
Within five days of the approval of such preliminary plat it shall
be certified, by the Chair of the Planning Board, as having been granted
preliminary approval, a copy shall be filed in the Planning Board
office, and a certified copy shall be mailed to the owner. Failure
of the Planning Board to act within the time periods prescribed herein
shall constitute approval of the preliminary plat.
(4)
When granting approval to a preliminary plat, the Planning Board
shall state the terms of such approval, and the conditions upon which
such approval may be based. Approval of a preliminary plat shall not
constitute approval of the subdivision plat, but rather it shall be
deemed an expression of approval of the design submitted on the preliminary
plat as a guide to the preparation of the final plat, which will be
submitted for approval of the Planning Board and for recording upon
fulfillment of the requirements of these regulations and the conditions
of the approval, if any. Prior to approval of the subdivision 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.
(5)
Approval of the preliminary plat may not be revoked by the Planning
Board unless a substantial change in the character of the area or
the availability of new information about the site and its surroundings
indicates the unsuitability of the development, as shown on the preliminary
plat. Before revocation, the applicant shall be informed, in writing,
of the reasons therefor and shall be given an opportunity to be heard
before the Planning Board.
(6)
Approval of a preliminary plat shall expire six months from the date
of approval, unless the subdivider submits the plat in final form.
Two extensions for a period of six months each may be granted by the
Planning Board upon application. Such applications for extensions
may be granted unless changed conditions or new information indicate
the unsuitability of the development as shown on the preliminary plat.
Extension requests shall be submitted to the Planning Board no later
than two weeks prior to the expiration date; provided, however, that
the Planning Board may, in its sole discretion, elect to consider
extension requests submitted after such deadline but prior to expiration.
[Amended 9-14-2011 by L.L. No. 3-2011]
H.
Any subdivider who seeks preliminary subdivision approval must submit Stormwater Pollution Prevention Plan (SWPPP). The SWPFP shall meet the performance and design criteria and standards in § 98-48.1 of the Zoning Code of the Town of Pleasant Valley and shall be required for preliminary subdivision plat approval.
[Added 8-11-2010 by L.L. No. 2-2010]
No alteration of land shall commence prior to final plat approval
by the Planning Board, except for required testing to obtain Dutchess
County Board of Health approval.
A.
Application procedure. Within six months after approval of the preliminary
plat is granted, the applicant shall file with the Planning Board
an application for approval of a plat. The application shall:
(1)
Be made on forms provided by the Planning Board at the time tentative
approval of the preliminary plat was granted.
(2)
Include the entire subdivision or a section thereof which derives
access from a street improved to Town standards or for which street
a payment or provision therefor, in a form acceptable to the Town,
covering such improvement is held by the Town.
(4)
Comply in all respects with the preliminary layout as tentatively
approved.
(6)
Be presented to the Secretary of the Planning Board at least two
weeks prior to a regular meeting of the Board.
(7)
Any subdivider who seeks final subdivision approval must submit a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall meet the performance and design criteria and standards in § 98-48.1 of the Zoning Code of the Town of Pleasant Valley and shall be required for final subdivision plat approval.
[Added 8-11-2010 by L.L. No. 2-2010]
B.
Public hearing. Within 62 days of the submission of a plat in final form for approval, a hearing shall be advertised by the subdivider at least once in the official newspaper at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 82-11 of this article, and modified in accordance with the requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.
C.
Action on proposed subdivision plat.
(1)
The Planning Board shall, by resolution, conditionally approve, conditionally
approve with or without modification, disapprove or grant final approval
and shall authorize the signing of such plat within 62 days of its
receipt by the Planning Board, if no hearing is held, or in the event
a hearing is held, within 62 days after the date of such hearing.
This time may be extended by mutual consent of the subdivider and
the Planning Board. Failure by the Planning Board to take action on
a final plat, which has been deemed complete by the Planning Board
and for which all conditions have been met, within the time prescribed
therefor shall be deemed approval of the plat.
(2)
Upon resolution of conditional approval of such final plat, the Planning
Board shall empower a duly authorized officer to sign the plat upon
completion of such requirements as may be stated in the resolution.
Within five days of such resolution, the plat shall be certified by
the Chair of the Planning Board as conditionally approved, a copy
shall be filed in the office of the Planning Board, and a certified
copy shall be mailed to the subdivider. The copy mailed to the subdivider
shall include 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 said duly authorized officer of the Planning Board. Conditional
approval of a final plat shall expire 180 days after the date of the
resolution granting such conditional approval unless the requirements
specified by the Board have been certified as completed within that
time. The Planning Board may, however, extend the time within which
a conditionally approved plat in final form must be submitted for
signature if, in its opinion; such extension is warranted by the circumstances,
not to exceed two additional periods of 90 days each.
D.
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made on any plat after approval has been given
by the Board. In the event that any 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.
E.
Filing of approved plat. Approval of the plat shall expire within
60 days from the date of such approval unless within such sixty-day
period such plat shall have been duly recorded by the owner in the
office of the Dutchess County Clerk. If the plat is not filed within
this period, the approval shall expire as provided in § 276,
Subdivision 11, of the Town Law.
F.
Division of plat into two or more sections. The Planning Board may
permit the plat to be divided into two or more sections, subject to
such conditions as it deems necessary to assure orderly development
of the subdivision. Approval of the sections shall be granted concurrently
with the approval of the plat. The approved plat, or any approved
section thereof, shall be recorded within 60 days of approval, subject
to any conditions imposed, and shall encompass at least 10% of the
total number of lots shown on the plat. Approval of any other sections
not recorded shall expire unless recorded before the expiration of
the period to which such plat is entitled under the provisions of
§ 265-a of the Town Law. In the event the applicant does
not record all approved sections, the entire plat shall be filed with
the Town Clerk within 30 days from the recording of the plat or any
approved section thereof, and the applicant shall file with the Planning
Board a photostatic copy of the plat certified by the County Clerk
to be a true copy of the recorded plat.
G.
Public acceptance of proposed streets and park areas. The approval
by the Planning Board of a plat shall not be deemed to constitute
or imply the acceptance by the Town of any street, 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.
H.
As-built drawings of required improvements. Drawings showing the
location of all required improvements as built shall be certified
by a licensed land surveyor and filed with the Planning Board at least
30 days prior to the acceptance of the improvements by the Town.
Where compliance with these regulations would cause unusual
hardship, extraordinary difficulties or be inappropriate because of
exceptional and unique conditions, a variance from the minimum requirements
may be granted by the Zoning Board of Appeals to mitigate the hardship,
provided that the public interest is protected and the development
is in keeping with the general spirit and intent of these regulations,
the Official Map, the Zoning Ordinance[1] and the Town Plan (if such exist). A showing of hardship
does not create a presumption that a variance of requirements will
be granted.
A building permit for erection of a structure in a development
laid out subsequent to the adoption of these regulations shall not
be issued unless the street giving access to the proposed building
appears on a recorded plat approved by the Planning Board and unless
such street has been suitably improved or a payment or provision therefor
in form acceptable to the Town to cover the full cost of improvement
has been received.
A.
Every application for approval of a subdivision shall be accompanied
by such fees as set forth on the fee schedule adopted, and amended
from time to time, by the Town Board.
B.
Every applicant, and landowner if different, shall be jointly and severally responsible for payment of all reasonable and necessary costs of consultant services (defined hereafter), where the Planning Board or Town Board or Zoning Board of Appeals and/or any other Town of Pleasant Valley agency or department uses the services of private engineers, attorneys or other consultants (collectively, "consultant services") (1) for purposes of engineering, scientific land use planning, environmental or legal reviews of the adequacy or substantive details of applications, or issues raised during the course of review of applications, for subdivision of land under Chapter 82 of the Town Code, and/or (2) to assist in assuring or enforcing an applicant's compliance with the terms and conditions of all the aforementioned administrative and legislative permits or approvals. In no event shall that responsibility be greater than the actual cost to the Town of such consultant services. The review expenses provided for in this Subsection B are in addition to application or administrative fees required pursuant to any other provisions of this article and the Town Code.
C.
The Planning Board may require advance periodic monetary deposits
("escrow deposits"), to be held on account of the applicant or landowner
(the "escrow account"), by the Town of Pleasant Valley to secure the
reimbursement of the Town's consultant services expenses. Escrow
deposits shall be made and maintained according to the Schedule of
Escrow Funds periodically adopted and updated by the Town Board. The
Town may make payments from the deposited funds, for consultant services,
after audit and approval by the Town Board of itemized vouchers for
such services. Upon request, the Town shall supply copies of such
vouchers to the applicant, appropriately redacted where necessary
to shield legally privileged communications between Town officers
or employees and the Town's consultants. When the escrow account
is depleted as set forth on the Schedule of Escrow Funds, the Town
shall cause the applicant or landowner to deposit additional sums
into the escrow account, pursuant to the Schedule of Escrow Funds,
to meet such expenses. Notwithstanding the foregoing, when it appears
to the Town that pending or anticipated vouchers will deplete the
escrow account below the minimum permitted levels set forth on the
Schedule of Escrow Funds, then Town shall cause the applicant or landowner
to deposit additional monies into the escrow account, in the same
manner as if the actual balance in the escrow account had fallen below
minimum permitted levels set forth on the Schedule of Escrow Funds.
D.
The Town Board shall review and audit all vouchers and shall approve payment only of such engineering, legal and other consulting expenses as are necessarily incurred by the Town in connection with the review and consideration of any application as set forth in Subsection B above, or for the monitoring, inspection or enforcement of any permits or approvals or the conditions attached thereto. For the purpose of this review and audit, a fee shall be reasonable in amount if it bears a reasonable relationship to the average charge by engineers, attorneys or other consultants to the Town for services performed in connection with similar applications or, if there be no similar projects within the Town, then for similar projects located in Dutchess and Columbia Counties and the surrounding area, to the extent that such similar projects may exist. In this regard, the Town Board may take into consideration the complexity, both legal and physical, of the project proposed, including, without limitation, the size, type, and nature of the project, number of buildings to be constructed, and the amount of time to complete the project, together with any special features, including, but not limited to, the topography of the land on which such project is located, soil conditions, surface water, drainage conditions, the nature and extent of highways, drainage facilities, utilities or parks to be constructed and such special conditions or considerations as the Town Board may deem relevant. A fee or part thereof is necessarily incurred if it was charged by the engineer, attorney, or other consultant for a service which was rendered in order to protect or promote the health, safety, welfare or other vital interests of the residents of the Town, protect public or private property from damage from uncontrolled surface water runoff and other environmental factors, assure the proper and timely construction of highways, drainage facilities, utilities and parks, protect the legal interests of the Town, including receipt by the Town of good and proper title to dedicated highways and other facilities, to correct any defects arising during any post-dedication maintenance period, avoid claims and liability, and such other interests as the Town may deem relevant.
E.
The owner(s) of the subject real property, if different from the
applicant, shall be jointly and severally responsible to reimburse
the Town of Pleasant Valley for funds expended to compensate for services
rendered to the Town under this section by private engineers, attorneys
or other consultant services. In order for a land use application
to be complete, the applicant shall provide the written consent of
all owners of the subject real property, both authorizing the applicant
to file and pursue land development proposals and acknowledging potential
landowner responsibility, under this section, for engineering, legal
and other consulting fees incurred by the Town (collectively, "consultant
services fees"). In the event of failure to reimburse the Town for
such fees, the following shall apply:
(1)
The
Town may seek recovery of unreimbursed consultant services fees by
action brought in a court of appropriate jurisdiction, and the defendant(s)
shall be responsible for the reasonable and necessary attorney's
fees expended by the Town in prosecuting such action.
(2)
Alternatively,
and at the sole discretion of the Town, a default in reimbursement
of such consultant services fees expended by the Town shall be remedied
by charging such sums against the real property which is the subject
of the land development application, by adding that charge to, and
making it a part of, the next annual real property tax assessment
roll of the Town. Such charges shall be levied and collected at the
same time and in the same manner as Town-assessed taxes and shall
be paid to the Town Comptroller, to be applied in reimbursing the
fund from which the costs were defrayed for the consultant services
fees. Prior to charging such assessments, the owners of the real property
shall be provided written notice to his/her last known address of
record, by certified mail, return receipt requested, of an opportunity
to be heard and object before the Town Board to the proposed real
property assessment, at a date to be designated in the notice, which
shall be no less than 30 days after its mailing.
F.
Upon submission of an application for any permit or approval covered under this § 82-15, and prior to being placed on any agenda, the applicant and/or owner shall deposit such funds as required pursuant to the Schedule of Escrow Funds, together with any applicable fees as set forth on the Town of Pleasant Valley Schedule of Fees, each as may be periodically adopted and updated by the Town Board. In the event any escrow deposit is depleted below the minimum permitted amount, the application shall be removed from the Planning Board agenda and review of such application shall cease and shall not recommence until such time as the escrow deposit has been replenished as required. In no event shall the Chair of the Planning Board sign the final subdivision plat, unless and until all consultant services fees incurred by the applicant have been paid.
G.
Every applicant, and landowner, if different, shall, upon submission of an application subject to the provisions of this § 82-15, execute and deliver an escrow agreement, acceptable in form and content to the Attorney to the Town, acknowledging the obligations set forth herein.
H.
In the event that a positive declaration is made in accordance with
the New York State Environmental Quality Review Act (SEQR), all subsequent
consultant review fees that are necessary for the preparation or review
of an EIS shall be reimbursed to the Town in accordance with the procedures
established under SEQR and under this chapter. The applicant shall
maintain the basic escrow account for the continued review of the
application that is not directly related to the preparation or review
of an EIS. The Town may require the applicant to establish a separate
escrow account for the consultant services costs necessary for the
preparation or review of an EIS. All deposits, reimbursements and
refunds shall be made in accordance with the provisions of this chapter.
No public municipal street utility or improvement shall be constructed
by the Town in any street or highway until it has become a public
street or highway pursuant to acceptance as such by the Town Board.
However, subject to the discretion of the Town Board, a subsurface
utility or improvement operated from revenue by the Town or by a special
district may be constructed by the Town in a private street, provided
that a public easement satisfactory to the Town Board is obtained
for such utility or improvement.
