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, Wetland, Water Body and Watercourse Protection Law and all other applicable Town Code regulations, Greenway
Connections, 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, 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.
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.
(3) Be accompanied by copies, the number as specified by the Planning Board, of the plat, as described in Article
V, §
82-29, of these regulations.
(4) Comply in all respects with the preliminary layout as tentatively
approved.
(5) Comply with the improvement requirements of Article
VI of these regulations.
(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 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.
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.