Whenever any subdivision or resubdivision of
land is proposed to be made and before any contract for the sale or
any offer to sell such subdivision or any part thereof is made and
before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or his agent duly authorized
in writing shall apply for approval of such proposed subdivision,
in writing, in accordance with the following procedure.
The owner proposing to subdivide his property
should make an appointment with the Planning Board for an initial
conference at a regular meeting of the Planning Board to discuss the
requirements of these regulations, the availability of public services
and any other information that might be pertinent to the proposed
subdivision. The owner should also discuss with the County Health
Department its requirements in connection with subdividing, since
that Department must eventually approve any subdivision coming within
its jurisdiction.
[Amended 11-13-1995 by L.L. No. 4-1995; 10-16-2007 by L.L. No. 9-2007]
A.
Prior to filing an application for approval of a final subdivision plat, the applicant shall submit a preliminary plat conforming to § 139-84 of these regulations and shall meet with the Planning Board at a regular meeting to discuss its general conformity to these regulations. At least four copies of the preliminary plat shall be delivered to the Chairman or other authorized official of the Planning Board at least 10 days before such meeting. Such application shall be accompanied by a preliminary application fee, payable to the Village of Fishkill, in the following amount:
B.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 133 and Chapter 171, Art. XVIII shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 171, Art. XVIII. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 133 and Chapter 171, Art. XVIII.
C.
If a meeting is not held within 30 days of the date
on which all of the above were fully submitted by the applicant, the
official submittal date shall be considered to be the expiration date
of such thirty-day period.
After the meeting, the Planning Board may schedule
a field trip to the site of the proposed subdivision, which field
trip should be attended by the subdivider or his agent who is fully
familiar with the proposed subdivision. In order to facilitate the
Board's inspection and study of the site of the proposed subdivision,
the subdivider shall have the center line of all proposed streets
located by temporary stakes in time for the scheduled field trip.
[Amended 11-13-1995 by L.L. No. 4-1995]
Within 62 days after submission of a preliminary
plat in complete and proper form, the Planning Board shall hold a
public hearing. The public hearing shall be advertised at least once
in a newspaper of general circulation in the village at least five
days (or 14 days if concurrently held with the hearing on a DEIS)
before such hearing. Within 62 days of the close of the public hearing,
the Planning Board shall take action to approve, with or without modifications,
or disapprove the preliminary plat. The hearing on the preliminary
plat shall be closed within 120 days after it has been opened. If
it is determined that the action will not have a significant adverse
impact on the environment and a negative declaration has been filed
by the lead agency, the application shall be considered complete.
If it is determined that the action may have a significant impact
on the environment and a positive declaration is made, the application
shall not be considered complete until a notice of completion of the
draft environmental impact statement has been filed by the lead agency.
Approval of a preliminary application shall
expire six months from the date of approval if no application for
final approval is submitted within such period, except where such
time limit is extended upon mutual consent by the Planning Board and
the subdivider.
Where a proposed subdivision does not involve
a proposed road or a proposed realignment or widening of an existing
road or any other feature shown on the Village Development Plan; does
not involve the construction or expansion in capacity of any existing
or proposed drainage system; does not involve the extension of any
water or sewerage facilities; and where no further subdivision is
possible, the Planning Board may waive, by resolution, the submission
and tentative approval of the preliminary plat required by this Article.
[Amended 11-13-1995 by L.L. No. 4-1995]
Within six months after the Planning Board's
granting of preliminary subdivision plat approval, the owner of the
land proposed to be subdivided may submit to the Board an application
for approval of a subdivision, together with the proposed final plat
and construction plan, which shall be accompanied by the required
application fee and all of the information required by this Article.
In order that the Planning Board may determine that the proposed final
plat and construction plan are in proper order, the applicant shall
deliver to the Chairman or other authorized official said application,
the proposed final plat, the construction plan and all required accompanying
material at least two weeks in advance of the regular meeting of the
Planning Board at which the application for approval of the proposed
final plat is to be submitted.
The final plat application shall be accompanied
by the following:
B.
Four copies of the proposed final plat, prepared by a licensed professional engineer or land surveyor, in accordance with § 139-85, at a scale of no less than one inch equals one hundred (400) feet. The proposed final plat must be signed by a licensed land surveyor.
C.
Four copies of a construction plan, prepared by a licensed professional engineer, in accordance with § 139-86, at a scale of no less than one inch equals 100 feet.
D.
Endorsement by the County Health Department as conforming
to the County Sanitary Code, which endorsement may be deferred and
required as a condition of final subdivision plat approval.
[Amended 11-13-1995 by L.L. No. 4-1995]
E.
A statement from the applicant's engineer giving the
estimated cost of construction of subdivision roads and other improvements
to meet the requirements of these regulations, together with quantities
and unit costs used in making the estimate.
F.
Formal offers of cession to the public of all streets,
parks, playgrounds and other recreation areas, in a form approved
by the Village Attorney, except where the proposed final plat has
a notation that no offer of dedication of such streets, parks, playgrounds
and other recreation areas, or any of them, is made to the public.
G.
Stamped envelopes addressed to each of the owners
of record of property abutting or across the street from the property
included in the proposed subdivision. The action is not invalidated
if notification of adjacent property owners is not done.
H.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 133 and Chapter 171, Art. XVIII and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 171, Art. XVIII. The approved final subdivision plat shall be consistent with the provisions of Chapter 133 and Chapter 171, Art. XVIII.
[Added 10-16-2007 by L.L. No. 9-2007]
[Amended 11-13-1995 by L.L. No. 4-1995]
The time of the submission of the proposed subdivision plat shall be considered to be the date of the regular meeting of the Planning Board following the applicant's delivery of required drawings and information called for under § 139-18 to the Chairman or other duly authorized official of the Board. If all required information and the fee are not submitted or if all standards and requirements of these regulations are not met in the proposed subdivision plat and construction plan and the applicant has not requested a waiver of any such standard or requirement, the application shall not be considered as having been officially submitted. If a meeting is not held within 30 days of completion of the procedures outlined in §§ 139-17 and 139-18, the official submittal date shall be considered to be the expiration date of such thirty-day period.
[Amended 11-13-1995 by L.L. No. 4-1995]
A public hearing on the final subdivision plat
shall be held by the Planning Board in cases where the Planning Board
determines that the final plat is not in substantial agreement with
the approved preliminary plat and in cases where the requirement for
submission and approval of a preliminary plat is waived. Said public
hearing shall be held within 62 days of the submission of a complete
application in accordance with the provisions of § 7-728,
Subdivision 6, of the Village Law. The public hearing shall be advertised
at least once in a newspaper of general circulation in the village
at least five days (or 14 days if concurrently held with the hearing
on a DEIS) before such hearing. The public hearing on the final plat
shall be closed within 120 days after it has been opened.
[Amended 11-13-1995 by L.L. No. 4-1995]
At the public hearing, the Planning Board will
give any interested persons an opportunity to examine, inquire or
present pertinent information with respect to the proposed final plat.
Within 62 days of the close of the public hearing, if required, or
within 62 days from receipt of the final subdivision plat application,
the Planning Board shall approve, modify and approve, or disapprove
the proposed plat by resolution, which shall set forth in detail any
conditions to which the approval is subject or the reasons for a disapproval.
If the applicant has indicated his intention of posting a performance
bond to assure satisfactory completion of all required improvements,
the amount of such bond and time limit for completion of required
improvements shall be set by the Planning Board in its resolution.
A copy of the Planning Board's resolution shall be mailed by the Secretary
of the Planning Board to the owner and applicant, if different. Within
five business days of the date of adoption of the resolution granting
conditional or final approval of the final plat, such plat shall be
certified by the Secretary of the Planning Board as having been granted
conditional or final approval and a copy of such resolution and plat
shall be filed in the Secretary's office.
[Amended 11-13-1995 by L.L. No. 4-1995]
Prior to granting its approval, in accordance
with § 7-728, Subdivision 7(b), of the Village Law, the
Planning Board may permit the plat to be subdivided into two or more
sections and may impose such conditions in its resolution granting
conditional or final plat approval upon the filing of such sections
as it may deem necessary to assure the orderly development of the
plat. If conditions are imposed, such conditions shall be completed
prior to the signing of the sections by the duly authorized representative
of the Planning Board. The Planning Board will determine that the
sections are logical in their extent and that none contain less than
10% of the total lots in the subdivision. No section will be approved
for filing prior to another section or sections upon which it will
depend for street access and adequate traffic circulation. Approval
of such sections, subject to any conditions imposed by the Planning
Board, shall be granted concurrently with the approval of the final
plat, and the extent of each section and all conditions imposed shall
be shown on the final plat.
[Amended 11-13-1995 by L.L. No. 4-1995]
A.
Revisions; bond. Based upon the Planning Board resolution,
the applicant shall have the proposed final plat and construction
plan revised, if necessary, in accordance with said resolution, including
the placing of notations on the plat with respect to any conditions
imposed by the Planning Board, and shall submit four copies to the
Board's Chairman or other duly authorized official. The applicant
shall also submit to the Village Attorney any performance bond which
is to be posted, who shall determine that the bond is in a form satisfactory
to the Village Attorney and has a surety which is approved by the
Board of Trustees.
B.
Expiration of approval. Conditional approval of the
final plat shall expire 180 days after the resolution granting such
approval unless all requirements stated in such resolution have been
certified as completed. The Planning Board may extend for up to eight
periods of 90 days each the time in which a conditionally approved
plat must be submitted for signature if, in the Planning Board's opinion,
such extension is warranted by the particular circumstances.
[Amended 9-21-2015 by L.L. No. 5-2015]
A.
When a bond is filed. The Chairman or other duly authorized officer of the Planning Board, after determining that the plat and construction plans are in full accordance with the Planning Board's resolution of approval, and after receiving a certification from the Village Attorney that the performance bond called for by § 139-26 is in form satisfactory to the Village Attorney and that the Board of Trustees has approved the bond's surety, and after receiving the payment of the inspection fee specified in § 139-32A and, where required by the Planning Board, the park fee called for by § 139-74D, shall endorse the final approval of the Board on the final subdivision plat.
[Amended 11-13-1995 by L.L. No. 4-1995]
B.
When no bond is filed. The Chairman or other duly authorized officer of the Planning Board, after determining that all required improvements have been completed in full accordance with the Planning Board's resolution of approval of the subdivision plat and construction plans and are in good condition, and after receiving the payment of the inspection fee specified in § 139-32A and, where required by the Planning Board, the park fee called for by § 139-74D, shall endorse the final approval of the Board on the final subdivision plat.
[Amended 11-13-1995 by L.L. No. 4-1995]
C.
Copies to be signed. The endorsement of approval shall
be by signature and date on the tracing cloth original of the plat
(which will be returned to the applicant for his use in filing in
the office of the County Clerk) and on a transparent print of the
plat (which will be retained in the record files of the Planning Board).
The original and two prints of the approved construction plans and
four prints of the approved final plat shall also be filed with the
Planning Board.
D.
Plat void if revised after signature. No changes,
erasures, modifications or revisions shall be made to any final plat
after approval has been given by the Board and endorsed, in writing,
on the plat. ln the event that any subdivision plat, when recorded,
contains any such changes, the plat shall be considered null and void.
[Amended 11-13-1995 by L.L. No. 4-1995]
The final plat shall be filed in the office
of the County Clerk of Dutchess County within 62 days of the date
when final approval is endorsed on the plat.
