Whenever any subdivision of land is proposed,
and before any contract for the sale is carried out or title to any
part thereof is transferred, the subdividing owner, or his duly authorized
agent, shall proceed to secure approval of the proposed subdivision
in accordance with the following steps:
[Amended 9-5-2017 by L.L.
No. 8-2017]
This step is recommended for the benefit of the applicant, but
is not required. If followed, the procedure shall be as follows:
A.
Initial conference. The applicant should notify the Planning Board Secretary, at least one week in advance of a regular Planning Board meeting, of his desire to be placed on the agenda for an initial conference. At such conference, he shall present a sketch layout of the proposed subdivision. It shall include a site location sketch (at a scale of one inch equals 800 feet) indicating the applicant's entire holdings in relation to neighboring streets, private roads and properties, and shall show the general nature of the proposed arrangement of streets, private roads, lots, recreation areas, and the proposed concept for providing utility service. The applicant should also discuss with the County Health Department its requirements in connection with subdividing. The sketch layout shall be drawn on a topographic map with a vertical contour interval of no more than five feet, at a scale of no smaller than one inch equals 100 feet. It shall be submitted in four copies. The applicant shall also provide the information required in § 223-61.4.
B.
Field trip. After the initial conference, the Planning Board may
schedule a field trip to the proposed subdivision site. The applicant,
or his representative, should attend the site inspection and, prior
to it, should have the center line of all proposed streets and private
roads located by temporary stakes.
C.
Planning Board recommendations. At or subsequent to the field trip,
the Planning Board shall advise the applicant, or his representative,
of the additions and modifications, if any, which should be made if
an application for subdivision approval is to be submitted.
A.
Application.
Prior to requesting approval of a proposed final subdivision plat,
the applicant shall file an application for approval of a preliminary
plat on forms available from the Planning Board Secretary. All application
materials, including plans, shall be submitted in electronic file
format acceptable to the Building Department in addition to at least
five paper copies, or such other format or amount as determined by
the Building Department. Such application shall be filed with the
Planning Board Secretary at least two weeks prior to the regular Planning
Board meeting at which it will be considered and shall:
[Amended 7-18-2011 by L.L. No. 11-2011; 10-3-2011 by L.L. No.
12-2011; 4-21-2014 by L.L. No. 1-2014]
B.
Field trip. The Planning Board may schedule a field inspection of the proposed subdivision, as described in § 195-12B herein.
C.
Study of plat. The Planning Board will study the practicability
of the preliminary plat, taking into consideration the requirements
of the community and the best use of the lands being subdivided. Particular
attention will be given to the arrangement, location and width of
streets and private roads, their relation to the topography of the
land, drainage, lot sizes and arrangements, water supply and sewage
disposal, the future development of adjoining land as yet unsubdivided,
and the requirements of the City Development Plan and Official Map.
D.
Public hearing. Within 62 days of the official submission date of the preliminary subdivision application and all accompanying material, in form satisfactory to the Planning Board, a public hearing shall be held by the Planning Board. Notice of said hearing shall be provided by the applicant in accordance with § 223-61.3 of the City of Beacon Zoning Code. A copy of the proposed plat and construction plans shall be maintained on file in the City Hall, available for public inspection during normal business hours for the five-day period immediately preceding the hearing.
[Amended 5-2-2016 by L.L.
No. 7-2016]
E.
Action by Planning Board. Within 62 days after the
close of the public hearing, the Planning Board shall by resolution
approve, with or without modification, or disapprove the proposed
preliminary subdivision plat. The time in which the Planning Board
must take action may be extended by mutual consent of the owner and
the Planning Board.
F.
Expiration of approval. Conditional 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 by the mutual consent of
the Planning Board and the subdivider.
A.
Application.
Application for final subdivision plat approval shall be filed with
the Planning Board. All application materials, including plans, shall
be submitted in electronic file format acceptable to the Building
Department in addition to at least five paper copies, or such other
format or amount as determined by the Building Department. Such application
shall comply with the modifications, if any, required by the Planning
Board at the time of preliminary plat approval and shall be submitted
on forms available from the Planning Board Secretary at least two
weeks prior to the regular Planning Board meeting at which it will
be considered. Application for final plat approval shall be accompanied
by the following:
[Amended 10-3-2011 by L.L. No. 12-2011; 4-21-2014 by L.L. No. 1-2014
(1)
Proof
of ownership by the applicant of the premises affected by the application
and certificate of title company covering all interests, liens, and
objections to title, if any.
(2)
Where
subdivision streets, private roads and/or other improvements are involved
and where the applicant intends to post a performance bond to cover
the cost of such improvements, a statement from the applicant's engineer
giving the estimated cost of construction, together with the quantities
and unit costs used in making the estimate.
(3)
The
proposed final plat shall be properly endorsed by the County Health
Department, as meeting the standards of the State Sanitary Code, before
any public hearing is scheduled. The plat shall be in final form before
Health Department approval.
(4)
Where
streets or park areas are included within the proposed subdivision,
a formal offer of cession to the City of all such streets and park
areas, in form approved by the City Attorney, except where the proposed
final subdivision plat has a notation to the effect that no offer
of dedication of such street and park areas, or any of them, is made
to the public.
(5)
Where
there is no park area shown on the proposed plat, a recreation fee,
payable to the City of Beacon, in the amount determined for such cases
by resolution of the City Council.
(6)
A written
agreement, in form satisfactory to the City Attorney, permitting entry
by the City onto any streets and private roads, easements and park
areas, for the purposes of inspecting and installing any required
improvements in the event of the failure of the applicant to make
such installations, or to properly maintain such installations until
such time as the City assumes the responsibility for them.
(7)
A plan
for the provisional delivery of mail as approved by the local postmaster.
(8)
A list
of any and all waivers of the provisions of this chapter which the
applicant requests the Planning Board to grant in his specific case,
with the reasons therefor.
B.
Public hearing. Within 62 days of the official submission date of the final subdivision application and all accompanying material, in form satisfactory to the Planning Board, a public hearing shall be held by the Planning Board, provided, however, that when the Planning Board deems the final plat to be in substantial agreement with the approved preliminary plat, the Board may waive the requirement for such a public hearing. Notice of said hearing shall be provided by the applicant in accordance with § 223-61.3 of the City of Beacon Zoning Code. A copy of the proposed plat and construction plans shall be maintained on file in the City Hall, available for public inspection during normal business hours for the five-day period immediately preceding the hearing.
C.
Action by Planning Board. Within 62 days after the
close of the public hearing, or within 62 days of the official submission
date of the final application when a hearing is waived, the Planning
Board shall by resolution conditionally approve, with or without modification,
disapprove, or grant final approval and authorize the signing of the
plat. The time in which the Planning Board must take action may be
extended by mutual consent of the owner and the Planning Board. Within
five days of such resolution, the plat shall be certified by the Planning
Board Secretary as conditionally approved and one copy of the resolution
and plat shall be filed in the Planning Board office. Another copy
of the resolution shall be mailed to the owner by certified mail,
including the requirements which, when completed, will authorize the
signing of the conditionally approved final plat.
D.
Expiration of approval. Conditional approval of a
final plat shall expire within 180 days after the date of the resolution
granting conditional approval, unless such requirements have been
certified as completed. The Planning Board may extend by not more
than two additional periods of 90 days each the time in which a conditionally
approved final plat must be submitted for signature if, in the Planning
Board's opinion, such extension is warranted by the particular circumstances.
E.
Action by applicant. Based upon the Planning Board
resolution, the applicant shall have the final subdivision plat and
construction plans revised, if necessary, in accordance with said
resolution, and submit three copies of such revised maps to the Secretary
of the Planning Board. Any performance bond which is to be posted
shall be submitted to the City Attorney. The City Engineer shall check
the revised final maps to determine whether they are in full compliance
with the Planning Board's resolution of approval and, if so, shall
so certify to the Planning Board. The City Attorney shall be responsible
for determining and certifying to the Planning Board whether or not
the surety, form, sufficiency and manner of execution of the bond
is acceptable to and has been approved by the City Council.
F.
Approval of construction plans. The construction plans,
revised as necessary to meet the requirements of the Planning Board
resolution, shall be endorsed by the Planning Board Chairman or other
duly authorized member of the Planning Board, as "approved" prior
to the signing of the plat or the beginning of any construction work
within the proposed subdivision.
G.
Final approval of subdivision plat. The Chairman,
or other duly authorized member of the Planning Board, shall endorse
the Board's final approval on the plat only after receipt of certification
from the City Engineer that all required improvements have been completed
in accordance with the Planning Board's approval of the plat and construction
plans, or alternatively that a bond of the required amount and surety
has been filed and that all other required conditions of the resolution
of approval, including the payment of all fees, have been complied
with. Said endorsement shall be by signature and date on the original
of the plat (which shall be returned to the applicant for filing)
and on a print of the plat (which shall be retained in the record
files of the Planning Board).
H.
Filing plat with County Clerk. The approved plat shall
be filed with the Dutchess County Clerk within 62 days of the date
of Planning Board signing. The approval of any plat not so filed shall
expire 62 days from the date of signing.
I.
Plat void if revised after approval. No changes, erasures,
modifications, or revisions shall be made in any final plat after
approval has been given by the Board and endorsed, in writing, on
the plat. In the event that any final 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.
