A.
Full compliance with the provisions of Article 16
of the Town Law, with applicable provisions of the Public Health Law,
with SEQRA and with this chapter concerning the preparation of a subdivider's
sketch plan, preliminary plat, vicinity map and subdivision plat,
except where variations of these requirements may be expressly authorized
by the Planning Board, is necessary for the information of the Planning
Board and of the public at public hearings as provided in this chapter.
Due care in the preparation of the maps and other information called
for will expedite the process of obtaining the Planning Board's decision.
B.
In order to avoid violation of § 334 of
the Real Property Law and § 136 of the Highway Law, when
any subdivision of land is proposed and before any contract for the
sale of land or any offer to sell such subdivision or any part thereof
is made or any grading, clearing, construction, or other improvement
is undertaken therein, the subdivider or his duly authorized agent
shall apply in writing for approval of such proposed subdivision in
accordance with the following procedures.
A.
Submission of sketch plan, context map, and existing resources/site analysis map. Any owner of land shall submit to the Planning Board, at least 15 days prior to the workshop meeting of the Planning Board at which the sketch plan is to be considered, the required fees, together with 10 copies of a sketch plan of the proposed subdivision or resubdivision, a context map and an existing resources/site analysis map, which shall comply with the requirements of § 96-18, for the purpose of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider or its duly authorized representative
shall attend the appointed meeting of the Planning Board to discuss
the requirements of this chapter.
(2)
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in this chapter. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the requirements of § 96-19 of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the requirements of §§ 96-20 and 96-21 of this chapter.
(3)
The Planning Board may require a deed restriction limiting the resubdivision of any parcel of land large enough to be legally subdivided or resubdivided under the provisions of Chapter 108, Zoning. The intent of the deed restriction will be as follows:
(a)
No more than a total of five lots may be created,
either simultaneously or sequentially, from a parent parcel under
classification as a minor subdivision. Should more than the total
number of lots be applied for at any time in the future, either simultaneously
or sequentially, the applicant will have to include all information
required of a major subdivision for the lots under consideration in
the application and the applicant shall also provide a copy of the
previously approved subdivision plat.
(b)
The Planning Board may, at its discretion, waive
this restriction if it is deemed inappropriate for the individual
case in question. Written request for such consideration must be filed
with the Planning Board in accordance with normal procedures for submittal
of documents.
(c)
In the Neighborhood, Hamlet, Business and Landing
Districts and their cores, no more than a total of 49 residential
lots may be created, either simultaneously or sequentially, from a
parent parcel for which both central sewer and water services do not
exist. Should more than that total number of lots at any time be applied
for by the subdivider of the parent parcel, the applicant must include
a plan for providing central sewer and water services to the previously
subdivided lots.
C.
Study of sketch plan, context map, and existing resources/site analysis map. The Planning Board shall, within 31 days of the first meeting, determine whether the sketch plan, context map, and existing resources/site analysis map meet the purposes of this chapter and Chapter 108 and shall determine whether said documents may be accepted as adequate for further review by the Planning Board. Where it deems necessary, the Planning Board shall make specific recommendations to be incorporated by the applicant in the next submission to the Planning Board. The Planning Board need not accept said documents until it determines that they have met the requirements of this chapter and Chapter 108 and are adequate for Planning Board review of the proposed project.
A.
Application and fee. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any requirements made by the Planning Board. Said application shall also conform to the requirements listed in § 96-19. All applications for plat approval for minor subdivisions shall be accompanied by an application fee and professional review fee escrow deposit as determined by the Schedule of Fees adopted by the Town Board and an environmental assessment form (EAF).
B.
Number of copies. Ten copies of the subdivision plat
shall be presented to the Planning Board at least 15 days prior to
a scheduled meeting of the Planning Board at which the subdivision
is to be considered.
C.
Subdivider to attend Planning Board meeting. The subdivider
or his duly authorized representative shall attend the meeting of
the Planning Board to discuss the subdivision plat.
D.
When officially submitted. The time of submission
of the subdivision plat shall be considered to be the date of the
regular meeting of the Planning Board indicated above, so long as
the completed application for minor subdivision approval has received
by the Planning Board at least 15 days prior to such meeting date.
E.
Review by state and county agencies and adjacent municipalities.
If the site lies within 500 feet of a county or state road, copies
of the submission shall be forwarded by the Planning Board to the
Dutchess County Department of Public Works and/or the Regional Office
of the New York State Department of Transportation for their comments
to be returned and read into the minutes of the public hearing. If
the site lies within 500 feet of a county or state road, drainage
easement, institution or park or within 500 feet of a Town boundary,
a copy of the submission shall be forwarded to the Dutchess County
Department of Planning and Development for its comments to be read
into the minutes of the public hearing. If the proposed subdivision
occurs within 500 feet of the Town boundary, a copy of the plat shall
be forwarded to the appropriate municipal official of the adjacent
town or city for his/her comment.
F.
Public hearing. A public hearing shall be held by
the Planning Board on a plat submitted in final form, within 62 days
of receipt of a complete application. The hearing must be advertised
at least once in a newspaper of general circulation in the Town at
least five days prior to the hearing and by posting notice thereof
by mail to the to the owners of the properties within 150 feet of
all property lines and to any other persons whom the Planning Board
may deem to be particularly affected. If the Planning Board is serving
as lead agency under SEQRA, and if the Planning Board has determined
that a DEIS is required, a public hearing shall be held on the DEIS.
The public hearing on the DEIS and the public hearing on the subdivision
application shall be consolidated and held jointly, in which event
the hearing must be advertised at least once in a newspaper of general
circulation in the Town at least 14 days prior to the hearing. 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 plat. The hearing on the plat shall be closed upon motion
of the Planning Board within 120 days after it has opened.
G.
Decision on subdivision plat.
(1)
If no DEIS has been required, the Planning Board shall,
within 62 days after the close of the public hearing required on such
plat, approve, with or without modifications, or disapprove the plat.
This time may be extended upon mutual consent of the subdivider and
the Planning Board.
(2)
If a DEIS has been required, the final EIS shall be
filed within 45 days following the close of the public hearing in
accordance with the provisions of SEQRA. Within 30 days of the filing
of such final EIS with the Planning Board, the Planning Board shall
issue findings on the final EIS and make its decision on the plat.
This time may be extended upon mutual consent of the subdivider and
the Planning Board.
(3)
The Planning Board shall specify, in writing, its
reason for any disapproval. In the event that the Planning Board fails
to approve or disapprove the minor subdivision plat within the time
periods prescribed above, the plan shall be deemed approved.
(4)
If the final plat is approved, the subdivider shall
carry out the following steps prior to obtaining the Chairman's signature
of approval:
H.
Conditional approval. If the final plat is conditionally
approved, the Planning Board shall empower a duly authorized officer
to sign the plat, subject to completion of such requirements as may
be stated in the resolution conditionally approving the plat and authorizing
such signature. Upon completion of such requirements, the final plat
shall be signed by the duly authorized officer of the Planning Board.
Conditional approval of the final plat shall expire 180 days after
the date of the resolution granting conditional approval, unless such
requirements have been certified as completed. The Planning Board
may extend the time in which a conditionally approved final plat must
be submitted for signature if, in its opinion, such intention is warranted
by the particular circumstances thereof, for not to exceed two additional
periods of 90 days each.
I.
Filing. Upon approval, the final plat shall be properly
signed by the Planning Board Chair or by another duly authorized person
or persons and shall be filed by the applicant in the office of the
Dutchess County Clerk. Any minor subdivision plat not so filed or
recorded within 62 days of 1) the date of the Chair or Vice-Chair
signs the plat indicating final approval of the Planning Board, or
2) the date the plat is considered approved by reason of the failure
of the Planning Board to take action, as indicated on a certificate
of the Town Clerk, shall become null and void. The applicant shall
submit to the Planning Board, within 30 days of the date of filing,
10 copies of the final plat, which bears the file map number assigned
to it by the office of the Dutchess County Clerk.[1]
[Amended 8-24-2009 by L.L. No. 3-2009]
[1]
Editor's Note: Former Subsection J, regarding extension of
the time for filing and recording plats, which immediately followed
this subsection, was repealed 8-24-2009 by L.L. No. 3-2009.
A.
Preliminary plat.
(1)
Application and fee. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision in the form described in §§ 96-18 and 96-20 of this chapter. The preliminary plat shall comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law, except as superseded by this chapter, and § 96-20 of this chapter, except where a waiver may be specifically authorized by the Planning Board. A preliminary plat shall not be considered complete until a negative declaration has been adopted or until a notice of completion of the DEIS has been filed in accordance with the provisions of SEQRA. The time period for review of any preliminary plat shall begin upon receipt of a complete application.
(2)
Purpose. The preliminary layout and the supporting
documents for a proposed subdivision constitute the material to be
officially submitted to the Planning Board. They show the general
design of the subdivision and its public improvements so that the
Planning Board can indicate its approval or disapproval of the subdivision
prior to the time that the final plat, including the design and detailing
of the public improvements and utilities, is completed. Approval of
the preliminary layout does not constitute an approval of the final
plat nor should it be considered a valid basis for an application
for a soil movement permit, the construction of site improvements
or for other commitments which depend upon its design characteristics.
The preliminary layout shall serve as a key map to subdivisions subsequently
laid out in sections on final plats.
(3)
Number of copies. The application for approval of the preliminary plat, complete with 10 copies of the preliminary plat and accompanied by the required fee and all data required by § 96-18 of this chapter, shall be filed with the Planning Board at least 15 days prior to a regular monthly meeting of the Planning Board. A proposed submission which does not include all the required drawings and documents will not be accepted for filing. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.
(4)
Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangements, location and width of streets; their relation to the topography of the land; water supply; sewage disposal; drainage; lot sizes and arrangement; the future development of adjoining lands as yet unsubdivided; and the recommendations of the Comprehensive Plan, the Official Map and Chapter 108, Zoning.
(5)
Review by state and county agencies and adjacent municipalities.
If the site lies within 500 feet of a county or state road, copies
of the submission shall be forwarded by the Planning Board to the
Dutchess County Department of Public Works and/or the Regional Office
of the New York State Department of Transportation for their comments
to be returned and read into the minutes of the public hearing. If
the site lies within 500 feet of a county or state road, drainage
easement, institution or park or within 500 feet of a Town boundary,
a copy of the submission shall be forwarded to the Dutchess County
Department of Planning and Development for its comments to be read
into the minutes of the public hearing. If the proposed subdivision
occurs within 500 feet of the Town boundary, a copy of the plat shall
be forwarded by the Planning Board to the appropriate municipal official
of the adjacent town or city for his/her comment.
(6)
Preliminary plat public hearing. The Planning Board
must hold a public hearing within 62 days after the receipt of a complete
application for such plat by the Planning Board. The hearing must
be advertised at least once in a newspaper of general circulation
in the Town at least five days before it is held and by posting notice
thereof by mail to the to the owners of the properties within 150
feet of all property lines and to any other persons who the Planning
Board may deem to be particularly affected. Said advertisement of
public hearing shall be placed by the Secretary of the Planning Board
and the notification of adjacent landowners and others shall be made
by the applicant. If the Planning Board is serving as lead agency
under SEQRA, and if the Planning Board has determined that a DEIS
is required, a public hearing on the DEIS shall be held. The public
hearing on the DEIS and the public hearing on the subdivision application
shall be consolidated and held jointly, in which event the hearing
must be advertised at least once in a newspaper of general circulation
in the Town at least 14 days prior to the hearing. 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
plat. The hearing on the plat shall be closed upon motion of the Planning
Board within 120 days after it has opened.
(7)
Decision on the preliminary plat.
(a)
If no DEIS has been required, the Planning Board
shall, within 62 days after the close of the public hearing required
on such plat, approve, with or without modifications, or disapprove
the preliminary plat. This time may be extended upon mutual consent
of the subdivider and the Planning Board.
(b)
If a DEIS has been required, the final EIS shall
be filed within 45 days following the close of the public hearing
in accordance with the provisions of SEQRA. Within 30 days of the
filing of such final EIS with the Planning Board, the Planning Board
shall issue findings on the final EIS and make its decision on the
preliminary plat. This time may be extended upon mutual consent of
the subdivider and the Planning Board.
(c)
When approving a preliminary plat, the Planning
Board must state, in writing, the modifications, if any, it deems
necessary for submission of the plat in final form with respect to
the specific changes which it will require in the preliminary plat
and the character and extent of the required improvements for which
waivers may have been requested and which, in its opinion, may be
waived without jeopardy to the public health, safety, morals and general
welfare.
(d)
The action of the Planning Board, plus any conditions
attached thereto, shall be noted on three copies of the preliminary
plat. One copy shall be returned to the subdivider within 30 days,
and two copies shall be retained by the Planning Board.
(e)
Within five business days of the adoption of
the resolution granting approval of such preliminary plat, such plat
shall be certified by the secretary of the Planning Board as having
been granted preliminary approval and a copy of the plat and resolution
shall be filed in such secretary's office. A copy of the resolution
shall be mailed to the owner and/or the applicant.
(f)
Within five business days from the date of the
adoption of the resolution stating the decision of the Planning Board
on the preliminary plat, the Chairman or other duly authorized member
of the Planning Board shall cause a copy of such resolution to be
filed in the office of the Town Clerk.
(g)
Approval of a preliminary plat shall not constitute
final 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 this chapter and the conditions
of the approval of the preliminary plat, if any. Prior to final 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.
(h)
In the event the Planning Board fails to act
on a preliminary plat within the time periods noted above, the plat
shall be deemed granted preliminary approval.
(8)
Conceptual stormwater pollution prevention plan. A conceptual stormwater pollution prevention plan (SWPPP) consistent with the requirements of §§ 93-7 and 93-8 of Chapter 93 shall be required prior to preliminary subdivision plat approval. The conceptual SWPPP shall meet the performance and design criteria and standards in § 93-8 of Chapter 93; however, the Town Engineer shall determine the requirements for the conceptual SWPPP based on the complexity of the project. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 93. Field changes determined as minor may be approved by the Town Engineer. Major changes as determined by the Town Engineer may require Planning Board and NYS Department of Environmental Conservation approval.
(9)
Expiration of approval. Planning Board approval of
a preliminary plat shall expire six months after the date of such
formal action. No Planning Board action will be taken after such expiration
until a new application and filing fees are submitted. A waiver for
a reasonable period of time of up to six months may be given in cases
of hardship upon petition to the Planning Board prior to expiration
of the preliminary approval.
B.
Final subdivision plat.
(1)
Application for approval and fee. The subdivider shall,
within six months after the approval of the preliminary plat, file
with the Planning Board an application for the approval of the subdivision
plat in final form using the approved application blank available
from the Planning Board. All applications for plat approval for a
major subdivision shall be accompanied by an application fee and professional
review fee escrow deposit. If the final plat is not submitted within
six months after the approval of the preliminary plat, the Planning
Board may refuse to approve the final plat and require resubmission
of the preliminary plat; however, a six-month extension of this time
limitation may be granted in cases of hardship upon petition to the
Planning Board. Such extension shall be granted only if the proposed
subdivision fully conforms to the zoning regulations in effect at
the time such extension is applied for or any zoning amendments pending
at the time.
(2)
Purpose. The final plat and supporting drawings and
documents for a proposed subdivision constitute the complete development
of the subdivision proposal and include the recommendations resulting
from the Planning Board review of the preliminary layout, as well
as the detailed layout drawings for the public improvements and utilities.
After public hearing and approval by the Planning Board, this complete
submission, along with the letter of credit or other equivalent security
as approved by the local governing body, becomes the basis for the
construction of the subdivision and the inspection services performed
by the Planning Board and by the Town Engineer or other delegated
municipal officer. In order to have legal status, the plat itself
must be recorded at the Dutchess County Clerk's office. An unrecorded
plat is not a valid basis for site improvements or other commitments
which depend on its design characteristics. The final plat shall be
an accurate survey record of the properties resulting from the subdivision.
(3)
Number of copies. A subdivider intending to submit
a proposed subdivision plat for the approval of the Planning Board
shall provide the Planning Board with three copies of the application
and 10 copies, one copy reproducible, of the plat; the original and
one true copy of all offers of cession, covenants and agreements;
letters from appropriate agencies, utilities and boards having jurisdiction;
and three prints of all public improvement plans at least 15 days
in advance of the regular monthly Planning Board meeting at which
it is to be officially submitted. At the same time, if the applicant
intends to request any waiver of the requirements of standards provided
for in this chapter in connection with final plat approval, a statement
applying for such waiver shall be filed with the final plat submission.
(4)
When officially submitted. The time of submission
of the final subdivision plat shall be considered to be the date of
the regular monthly meeting of the Planning Board at least 15 days
prior to which a complete application for final subdivision approval
is received by the Planning Board.
(5)
Endorsement of state and county agencies. Water and
sewer facility proposals contained in the subdivision plat shall be
properly endorsed and approved by the Dutchess County Department of
Health and/or DEC. Approval of plans for sewer or water facilities
shall be obtained by the subdivider from all municipal, county, state
and federal agencies having jurisdiction in such matters before signing
of the final subdivision plat.
(6)
Letter of credit or other equivalent security estimate.
The Town Engineer or other delegated Town official shall prepare 10
copies of a letter of credit or other equivalent security estimate
which shall be submitted along with his recommendations on the final
plat.
(7)
Public hearing.
(a)
If a final plat is submitted which the Planning
Board deems to be in substantial agreement with a preliminary plat
approval, the Planning Board may waive the requirement for a public
hearing.
(b)
When a final plat is submitted which the Planning
Board deems not to be in substantial agreement with a preliminary
plat approved pursuant to this chapter, the Planning Board shall hold
a public hearing within 62 days after the receipt of a complete application
for such plat by the Planning Board. The hearing must be advertised
at least once in a newspaper of general circulation in the Town at
least five days before it is held and by posting notice thereof by
mail to the owners of the properties within 150 feet of all property
lines and to any other persons whom the Planning Board may deem to
be particularly affected. Said advertisement of public hearing shall
be placed by the Secretary of the Planning Board and the notification
of adjacent landowners and others shall be made by the applicant.
If the Planning Board is serving as lead agency under SEQRA, and if
the Planning Board has determined that a DEIS is required, a public
hearing on the DEIS shall be held. The public hearing on the DEIS
and the public hearing on the subdivision application shall be consolidated
and held jointly, in which event the hearing must be advertised at
least once in a newspaper of general circulation in the Town at least
14 days prior to the hearing. 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 plat. The hearing
on the plat shall be closed upon motion of the Planning Board within
120 days after it has opened.
(8)
Decision.
(a)
When a final plat is submitted which the Planning
Board deems to be in substantial agreement with an approved preliminary
plat, and no additional public hearing is required, the Planning Board
shall by resolution conditionally approve, with or without modification,
disapprove, or grant final approval and authorize the signing of such
plat, within 62 days of its receipt of a complete application for
final subdivision approval. This time may be extended upon mutual
consent of the subdivider and the Planning Board.
(b)
When a public hearing is required, if no DEIS
has been required, the Planning Board shall by resolution, within
62 days after the close of the public hearing required on such plat,
conditionally approve, with or without modifications, disapprove,
or grant final approval and authorize the signing of such plat. This
time may be extended upon mutual consent of the subdivider and the
Planning Board.
(c)
If a DEIS and public hearing have been required,
the final EIS shall be filed within 45 days following the close of
the public hearing in accordance with the provisions of SEQRA. Within
30 days of the filing of such final EIS with the Planning Board, the
Planning Board shall issue findings on the final EIS and make its
decision on the preliminary plat. This time may be extended upon mutual
consent of the subdivider and the Planning Board.
(d)
The Planning Board shall specify, in writing,
the reasons for any disapproval. In the event that the required hearing
is not held or if the Planning Board fails to disapprove the final
plat within the 62 days prescribed above, the final plat shall be
deemed approved as submitted.
(e)
If the final plat is approved, the subdivider
shall carry out the following steps prior to obtaining the Chairman's
signature of approval:
(f)
After the Planning Board's approval of the final
plat but prior to commencement of construction or development of the
approved subdivision, the owner shall:
(9)
Conditional approval. If the final plat is conditionally
approved, the Planning Board shall empower a duly authorized officer
to sign the plat, subject to completion of such requirements as may
be stated in the resolution conditionally approving the plat and authorizing
such signature. Upon completion of such requirements, the final plat
shall be signed by the duly authorized officer of the Planning Board.
Conditional approval of the final plat shall expire 180 days after
the date of the resolution granting conditional approval, unless such
requirements have been certified as completed. The Planning Board
may extend the time in which a conditionally approved final plat must
be submitted for signature if, in its opinion, such intention is warranted
by the particular circumstances thereof for not to exceed two additional
periods of 90 days each.
(10)
Standards. No major subdivision may be approved by
the Planning Board unless it meets the following standards:
(b)
A major subdivision should be suitable for the particular district when compared with the purposes of the district as set forth in Article 3 of Chapter 108;
(c)
A major subdivision should be consistent with
the character of the district, with particular regard for the visual,
aesthetic, safety and traffic impacts; and
(d)
Any physical improvements in a major subdivision shall satisfy the site development standards applicable to the district in which the major subdivision is located, and, to the extent practicable, comply with the standards for such district, as set forth in Chapter 108 of the Code of the Town of Hyde Park.
(11)
Stormwater pollution prevention plan. A Stormwater Pollution Prevention Plan (SWPPP) consistent with the requirements of §§ 93-7 and 93-8 of Chapter 93 and with the terms of preliminary plat approval shall be required prior to final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 93-8 of Chapter 93. The approved final subdivision plat shall be consistent with the provisions of Chapter 93. Field changes determined as minor may be approved by the Town Engineer. Major changes as determined by the Town Engineer may require Planning Board and NYS Department of Environmental Conservation approval.
(12)
Approval. Approval of a major subdivision shall incorporate
the findings required under SEQRA, shall be made in writing and shall
address each of the preceding standards.
(13)
Denial. Any denial of a major subdivision must be
in writing and must address the specific reasons for the denial.
A.
Final approval and filing. Upon approval by resolution of the Planning Board and in accordance with § 96-14B(8), it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board, Chairman or Acting Chairman, upon notification of receipt of payment to the recreation fund, if required. It shall be filed by the applicant in the office of the Dutchess County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any street or other land shown as offered for cession to public use.
B.
Distribution. After the Planning Board Chairman or
Acting Chairman signs his approval, the documents shall be distributed
in the following manner:
(1)
Subdivider: all original final plat drawings and the
opaque reproducible print, the former to be filed by the subdivider
in the Dutchess County Clerk's office.
(2)
Building Inspector: one final plat paper print and
public improvement paper print, showing the official file date and
file map number of the Dutchess County Clerk's office.
(3)
Tax Assessor: one final plat paper print showing the
official file date and filed map number of the Dutchess County Clerk's
office.
(4)
Town Clerk: one final plat paper print showing official
file date and filed map number of the Dutchess County Clerk's office.
(5)
Town Engineer or other delegated Town officer: one
paper print each of the final plat and the public improvement and
utilities plan and profiles.
(6)
Town Superintendent of Highways: one paper print each
of the final plat and the public improvement plan.
(7)
Planning Board: one paper print of the final plat
and the public improvement and utilities plan and profile, showing
official file date and file map number of the Dutchess County Clerk's
office.
(8)
Hyde Park Central School District: one paper print
of the final plat.
(9)
Appropriate fire district: one paper print of the
final plat.
C.
Expiration of approval. The approval of a final plat
shall expire within 62 days after the date 1) the signature of approval
by the Chairman or Acting Chairman of the Planning Board, or 2) the
date the plat is considered approved by reason of the Planning Board's
failure to take action, as indicated on a certificate of the Town
Clerk, unless the final plat has, within such sixty-two-day period,
been filed in the office of the Dutchess County Clerk. Expiration
of an approval shall mean that any further action will require a new
filing fee, as well as a review of all previous findings.
[Amended 8-24-2009 by L.L. No. 3-2009]
D.
Filing in sections. At the time the Planning Board
grants final plat approval, it may permit the plat to be divided into
two or more sections, subject to any conditions the Planning Board
deems necessary in order to ensure the orderly development of the
plat. In accordance with § 276 of the Town Law, the applicant
may file a section of the approved final plat with the Dutchess County
Clerk if said section constitutes at least 10% of the total number
of lots contained in the approved plat. In these circumstances, final
plat approval on the remaining sections of the plat shall remain in
effect for three years from the filing date of the first section.
When a plat is filed by section with the Dutchess County Clerk, the
applicant shall, within 30 days, file with the Town Clerk the approved
plat. The owner shall not be permitted to begin construction of buildings
in any other section until such section has been filed in the office
of the Dutchess County Clerk, and the required improvements have been
installed in such section or a letter of credit or other equivalent
security covering the cost of such improvements is posted.
E.
Plat void if revised after approval. No changes, erasures,
modification or revisions shall be made to any subdivision plat after
approval has been given by the Planning Board and endorsed, in writing,
on the plat, unless said plat is first resubmitted to the Planning
Board and such Planning Board approves any modifications. In the event
that any such subdivision plat is recorded without complying with
this requirement, the same shall be considered null and void, and
the Planning Board shall institute proceedings to have the plat stricken
from the records of the County Clerk.
F.
In the
event an applicant, consultants or representatives for subdivision
approval do not appear before the Planning Board in conjunction with
its application for a period of one year for purposes of advancing
the application process, the Planning Board shall cause a letter to
be written to the applicant, the consultant(s) or its representative,
at the address appearing on the subdivision application, by certified
mail, return receipt requested, requiting the applicant, its consultants
and/or representatives to appear before the Planning Board at a regularly
scheduled meeting to be set by the Planning Board to show cause why
the application should not be deemed abandoned. In the event the applicant,
its consultants or representatives fails to appear before the Planning
Board, or upon appearing before the Planning Board fails to show good
reason for not advancing the application process, the Planning Board,
in its discretion, may declare the subdivision application to be abandoned.
In the event the application is deemed abandoned and the applicant
still desires to seek subdivision approval, the applicant must make
a new application for subdivision approval and pay all required application
fees.
[Added 10-17-2016 by L.L.
No. 9-2016]
