Whenever any subdivision of land is proposed,
before any offer or contract is made to sell any part or the entire
subdivision, the subdivider shall apply in writing for approval of
the proposed subdivision in accordance with the following procedure.
[Added 6-26-2008 by L.L. No. 2-2008]
A.
Applications. The Planning Board, by resolution, can
establish an application form for use by all applicants in submitting
matters to the Board for consideration. Said application will contain
such information as the Planning Board deems is necessary for its
due consideration and as required by this chapter.
B.
Rules of procedure. The Planning Board shall have
the authority to adopt such rules governing its proceedings as it
deems necessary for the orderly administration of its duties. Said
rules will be consistent with the requirements of law and will be
effective when filed with the Town Clerk.
Before the subdivision of land, the owner or
his representative shall meet with the Planning Board or its representative
to express general intent to subdivide and determine sketch plan requirements.
[Amended 11-14-2002 by L.L. No. 2-2002; 6-26-2008 by L.L. No. 2-2008; 2-27-2014 by L.L. No. 1-2014]
A.
Application. Prior to submitting an application for approval of a
proposed subdivision or resubdivision, the subdivider shall submit
an application for sketch plan review to the Planning Board for the
purposes of classification of the proposed subdivision as a major
or minor subdivision, general consideration of factors and problems
affecting development of the land to be subdivided or resubdivided
and familiarizing the subdivider with the Planning Board's requirements
and the Board with the nature of the subdivider's proposal so as to
minimize the need for time-consuming and costly revisions to subdivision
plats. The application shall be made on forms issued by the Planning
Board and available in the Planning Office.
B.
Submission of sketch plan. The applicant shall submit six copies
of the sketch plan map and application for the proposed subdivision
to the Planning Board by 12:00 p.m. on the last working day of the
month. The Planning Board or its representative and the applicant
shall agree on a classification of subdivision: minor or major. A
sketch plan is required to receive classification as a minor subdivision.
The sketch plan should show at least the following information:
(1)
The words "sketch plan," the proposed name of the subdivision or
resubdivision, the words "Town of East Fishkill, Dutchess County,
New York," the date, the true North point, the graphic scale and the
name(s) and address(es) of the record owner(s), subdivider and person(s)
responsible for preparation of the sketch plan.
(2)
A location map at a scale of 2,000 feet to the inch, indicating the
relationship of the proposed subdivision to existing community facilities
that serve it, such as roads, shopping areas and schools.
(3)
A topographic map of the area to be subdivided, showing in simple
sketch form the proposed layout of streets, lots, recreation areas,
and other features.
(4)
General information necessary to explain and/or supplement the location
map and sketch plan.
(5)
Map of environmentally sensitive lands.
(6)
Approximate locations of all existing structures, wooded areas, streams
and other significant physical features within the property to be
subdivided and within 100 feet thereof.
(7)
Approximate locations of floodways and special flood hazard areas
as shown on the official Flood Insurance Map and Flood Boundary and
Floodway Map as published by the Federal Emergency Management Agency.
(8)
The Tax Map sheet, block and lot numbers.
(9)
The zoning district(s) in which the property proposed to be subdivided
or resubdivided is located.
(10)
A schematic layout (line diagram) of proposed systems for drainage,
public sewerage and public water supply.
(11)
All existing restrictions on the use of the property proposed
to be subdivided or resubdivided.
C.
Sketch plan study, modification and approval. The
Planning Board shall review the sketch plan and within 30 days of
the official submission date shall inform the applicant that the proposed
subdivision as submitted or as modified will meet the objectives of
these regulations. 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 submission.
D.
A fee as set by the Town Board will be required upon
submission of a sketch plan proposal.
[Added 2-27-2014 by L.L. No. 1-2014]
A.
Within six months after classification of the subdivision or resubdivision shown on the sketch plan as a minor subdivision by the Planning Board, the subdivider may submit an application for final approval of a subdivision plat for a minor subdivision, together with the long environmental assessment form. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The subdivision plat for a minor subdivision shall conform to the layout shown on the sketch plan, any recommendations made by the Planning Board during sketch plan review and the requirements of Article VI, § 163-23, of this chapter, except that the Planning Board may, by resolution, vary and/or waive certain requirements for final subdivision plat as set forth in this chapter, provided that such variations and/or waivers will not have the effect of nullifying the intent and purpose of Chapter 194, Zoning, the Comprehensive Plan, the Official Map, if any, and this chapter. For minor subdivisions of two lots or less, the Planning Board may, by resolution, vary and/or waive the requirement for a public hearing. At any time, the Planning Board may require a minor subdivision to comply with all or some of the requirements specified for major subdivisions, as it deems necessary for the protection of public health, safety, and welfare.
B.
After the effective date of these regulations, a tract of land shall
constitute a major subdivision upon the proposed creation of the sixth
lot or building lot irrespective of the length of time which may elapse
prior to the time the sixth lot is proposed for creation. Upon that
event, all provisions applying to major subdivisions shall apply to
the subdivision of the sixth lot and all other proposed subdivisions
of the original tract of land, at that time and subsequently.
A.
Application and fee. Prior to filing an application
for the approval of a proposed major subdivision plat, the applicant
shall file an application for the approval of a preliminary plat of
the proposed major subdivision or resubdivision. The application shall:
[Amended 12-11-1986 by L.L. No. 5-1986; 6-28-1994 by L.L. No. 4-1994; 6-14-2001 by L.L. No. 3-2001; 2-27-2014 by L.L. No. 1-2014]
(1)
Be made in triplicate on forms available at the Town Clerk's office.
(2)
Include the total holdings of the applicant and indicate the portion
thereof that is proposed for subdivision.
(3)
Be accompanied by three copies of the preliminary plat and other
supplementary material required by these regulations.
(4)
Comply in all respects with the requirements and design standards
of these regulations and with the provisions of §§ 276
and 277 of the Town Law.
(5)
Comply in all respects with the requirements of other governmental
agencies having jurisdiction in the review procedure of subdivisions.
(6)
Be accompanied by a fee as set from time to time by the Town Board.
(7)
Comply with the State Environmental Quality Review Act. A preliminary
plat shall not be considered complete until a negative declaration
has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions
of the State Environmental Quality Review Act. The time periods for
review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
(8)
Agricultural data statement. If any portion of the project is located
on property within an agricultural district containing a farm operation,
or on property with boundaries within 500 feet of a farm operation
located in an agricultural district, the application must include
an agricultural data statement containing the name and address of
the applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed; and a tax map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
B.
Study of preliminary plat. The Planning Board will
carefully study the preliminary plat, taking into consideration the
requirements of the community, the use of the land being subdivided
and the policy set forth in these regulations. Particular attention
will be given to:
(1)
The proposed arrangement, location and width of streets.
(2)
The relation of proposed streets to the topography
of the land.
(3)
Sewage disposal.
(4)
Drainage.
(6)
Future development of adjoining land.
(7)
The requirements of the Town Plan and the Official
Map.
(8)
Matters enumerated in § 277 of the Town
Law.
(9)
The potential environmental impact of the proposed
action. The agricultural data statement, if any, shall be considered
regarding the possible impacts of the proposed project upon the functioning
of farm operations within the relevant agricultural district. The
Clerk of the Planning Board shall mail written notice of any application
requiring an agricultural data statement to the owners of land as
identified in such statement. Such notice shall include a description
of the proposed project and its location, and may be sent with any
other notice required by law.
[Added 6-14-2001 by L.L. No. 3-2001]
C.
Applicant to attend meeting. The applicant shall be
prepared to attend a regular meeting of the Planning Board to discuss
the preliminary plat and the Planning Board's tentative conclusions.
D.
Public hearing.
[Amended 6-14-2001 by L.L. No. 3-2001; 10-26-2006 by L.L. No. 4-2006; 7-26-2007 by L.L. No. 3-2007]
(1)
For the Zoning Board, the Clerk shall, and for the
Planning Board, the applicant shall, mail, by first class and certified
mail, return receipt requested, a copy of the notice published in
the official newspaper of the Town to all owners of property within
500 feet of the subject property (except in the case of appeals to
the Zoning Board of Appeals for dimensional variances, in which case
the notice shall be mailed to owners of property within 250 feet of
the subject property). Said notice shall be mailed 25 days prior to
the public hearing and an affidavit of mailing shall be filed with
the Board's Clerk at least 10 business days before the public hearing,
except for public hearings for special permits, which shall be subject
to the relevant requirements of this chapter.
(2)
The applicant will post the property with a notice
advising the public of the public hearing. The posting will be on
a sign provided by the Board to the applicant and the size, shape
and color of which shall be approved by the Board. One sign will be
posted for each 100 feet of road frontage on all public roads abutting
the property. When a property has more than 200 feet of road frontage,
then the Board before which the application is pending shall determine
the number, size and placement of signs to be posted on the property.
The postings will be placed on the property at least 20 days before
the public hearing. An affidavit of posting will be filed with the
Clerk at least 10 days before the public hearing. If the public hearing
is adjourned, the sign will be revised to reflect the adjourned date
within five days of the adjournment. An affidavit attesting to the
change of the date for purposes of adjournment will be filed with
the Clerk at least one day prior to the next hearing date. The notice
required herein shall be removed within five days of the close of
the public hearing.
E.
Decision.
[Amended 6-14-2001 by L.L. No. 3-2001]
(1)
Prior to making a decision on the preliminary plat,
the Planning Board shall make a determination of significance under
the State Environmental Quality Review Act.
(2)
The Planning Board shall render a decision to approve,
with or without modification, or disapprove the preliminary plat within
the applicable time period provided in Town Law § 276. The
grounds for a modification, if any, or the grounds for disapproval
shall be stated upon the records of the Planning Board. In approving
a preliminary plat, the Planning Board shall state in writing any
modifications it deems necessary for submission of the plat in final
form.
(3)
Approval only constitutes an affirmative expression
to the proposed development submitted in the preliminary plat, which
is to guide the formulation of the final subdivision plat. 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 its final form.
F.
Certification and filing of preliminary plat. Within
five business days of the adoption of the resolution granting approval
of such preliminary plat, such plat shall be certified by the Clerk
of the Planning Board as having been granted preliminary approval,
and a copy of the plat and resolution shall be filed in such Clerk's
office. A copy of the resolution shall be mailed to the owner.
[Added 6-14-2001 by L.L. No. 3-2001]
G.
Filing of decision. Within five business days from
the date of adoption of the resolution stating the decision of the
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.
[Added 6-14-2001 by L.L. No. 3-2001]
H.
Revocation of approval of preliminary plat. Within
six months of the approval of the preliminary plat the owner must
submit the plat in final form. If the final plat is not submitted
within six months, approval of the preliminary plat may be revoked
by the Planning Board.
[Added 6-14-2001 by L.L. No. 3-2001]
[1]
Editor’s Note: This section, formerly entitled “Preliminary
plat,” was retitled “Major subdivision” 2-27-2014
by L.L. No. 1-2014.
A.
Application procedure. Within 12 months after the
date approval of the preliminary plat was granted, the applicant shall
file with the Planning Board an application for approval of a final
plat. No site work may begin until a final plat is certified and signed
by the Planning Board Chair. The application shall:
[Amended 10-28-2010 by L.L. No. 6-2010[1]]
(1)
Be made on forms provided by the Planning Board.
(2)
Include the entire subdivision or a section thereof
which derives access from a street improved to town standards and
accepted by the town or a street for which a bond covering such improvement
is held by the town.
(3)
Be accompanied by six copies of the subdivision plat
and other supplementary material required by these regulations.
(4)
Comply in all respects with the preliminary plat as
approved.
(5)
Comply in all respects with the state and local laws
and with the ordinances, rules, regulations or resolutions and requirements
of county and state agencies having jurisdiction in the subdivision
review process.
(6)
Comply with the improvement requirements of these
regulations.
(7)
Be presented to the Planning Board at least 30 days
prior to a regular meeting of the Board.
[1]
Editor's Note: This ordinance also provided for the retitling
of this section from “Subdivision plat” to “Final
plat.”
B.
Study of final plat; public hearing; decision.
[Amended 6-14-2001 by L.L. No. 3-2001]
(1)
Upon receipt of a final plat, the Board shall examine
it to determine if it is in substantial agreement with the approved
preliminary plat. If the final plat is in substantial agreement with
a preliminary plat, approved pursuant to this section, 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 by the Clerk of the Planning Board.
(2)
If the final plat is not in substantial agreement
with the approved preliminary plat, the Planning Board shall hold
a public hearing on the final plat within the applicable time period
provided in Town Law § 276, and advertise such hearing according
to the provisions of that section. The hearing on the final plat shall
be closed upon motion of the Planning Board within 120 days after
it has been opened, unless the applicant has consented to a further
continuation.
(3)
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 the applicable time
period provided in Town Law § 276. The conditions imposed,
if any, and the grounds for a modification, if any, or the grounds
for disapproval shall be stated upon the records of the Planning Board.
C.
Certification and signature of final plats.
[Amended 6-14-2001 by L.L. No. 3-2001]
(1)
Within five business days of the adoption of the resolution
granting conditional or final approval of the final plat, the Clerk
of the Planning Board shall certify such plat as having been granted
conditional or final approval, and shall file a copy of such approval
resolution, including a list of the conditions and requirements which
must be completed prior to the signing of the plat, in his/her office.
The Planning Board Clerk shall also mail a copy of the resolution,
and any list of conditions, to the owner.
(2)
Conditional approval of the final plat shall expire
within 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 by not more than two additional
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.
D.
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be subdivided and developed in two or more sections
and may in its resolution granting conditional or final approval state
that such requirements as it deems necessary to ensure the orderly
development of the plat be completed before said sections may be signed
by the duly authorized officer of the Planning Board. Conditional
or final approval of the sections of a final plat may be granted concurrently
with conditional or final approval of the entire plat, subject to
any requirements imposed by the Planning Board.
[Amended 6-14-2001 by L.L. No. 3-2001]
E.
Signing of plat. Upon proof of timely completion of
all conditions and requirements imposed at the time of conditional
approval, the plat shall be signed by the Chair of the Planning Board,
or, in his absence, by the Vice Chair. The plat shall also carry the
following note:
|
NOTE: The roadway and storm drainage system
construction will be jointly inspected by the Town Engineer and the
developer's engineer. The developer's engineer must certify to construction
compliance upon completion of the project.
| ||
|
A copy of such signed plat shall be filed in
the office of the Planning Board Clerk.
[Amended 2-15-1979[2]] | ||
F.
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.
G.
Filing of approved plat.[3]
(1)
Within five business days from the date of the adoption
of the resolution stating the decision of the Board on the final plat,
the Planning Board Clerk shall file a copy of the resolution in the
office of the Town Clerk.
(2)
The owner shall file such approved plat, or a section
of such plat, within 62 days of the date of final approval, or such
approval shall expire. The following shall constitute final approval:
the signature of the Chair or acting Chair of the Planning Board constituting
final approval by the Planning Board of a plat as herein provided;
or the approval by such Board of the development of a plat or plats
already filed in the office of the County Clerk, if such plats are
entirely or partially undeveloped; or the certificate of the Town
Clerk as to the date of the submission of the final plat and the failure
of the Planning Board to take action within the time herein provided.
(3)
In the event the owner shall file only a section of
such approved plat in the office of the County Clerk or Registrar,
the entire approved plat shall be filed within 30 days of the filing
of such section with the Town Clerk of each town in which any portion
of the land described in the plat is situated. Such section shall
encompass at least 10% of the total number of lots contained in the
approved plat, and the approval of the remaining sections of the approved
plat shall expire unless said sections are filed before the expiration
of the exemption period to which such plat is entitled under the provisions
of § 265-a of the Town Law.
H.
Drawings showing the location of all required improvements
as built shall be certified by a licensed professional engineer or
a licensed land surveyor and filed with the Planning Board at least
30 days prior to the acceptance of the improvements by the town.
[Amended 10-12-1978]
For a resubdivision, the same procedure, rules
and regulations apply as for a subdivision.
