A.
Whenever any subdivision of land is proposed, before any contract
for the sale of any part thereof and before any permit for the erection
of a structure in such proposed subdivision shall be granted, the
subdividing owner or his authorized agent shall apply for and secure
the approval of such proposed subdivision in accordance with the following
procedure, which includes the following steps:
B.
The first phase is a suggested preliminary procedure which is recommended to the subdivider to acquaint him with the Board's requirements and to familiarize the Board with the nature of his proposal in order to avoid unnecessary expense due to costly revision of subdivision plats. The second and third phases are the required review and approval stages which must be followed by the subdivider in order to obtain formal approval. See § 132-5, Building permits, for any permit exceptions to this procedure.
A.
The Planning Board has accumulated a considerable body of information
which may be of material assistance to the perspective subdivider.
Therefore, developers in the Town are invited to call on the Planning
Board at one of its regular meetings for an initial conference before
proceeding with the preparation of detailed plans. This will afford
an opportunity to discuss with the Board the requirements as to the
general layout of streets and reservations of land, street improvements,
drainage, sewerage, water, fire protection and similar matters, as
well as the availability of existing services.
B.
Before attending the initial conference, the applicant, or his duly authorized representative, should familiarize himself with the regulations, standards and requirements contained in this chapter and in Chapter 150, Zoning, of the Code of the Town of Fishkill. He should also study the Town Development Plan to determine what recommendations may already have been suggested for the use of his property.
C.
To aid in presenting the proposal to the Planning Board, the applicant
may wish to prepare the following map: a pen or pencil sketch layout
of the proposed subdivision, identifying all land owned by the applicant,
the location and ownership of all adjoining property, the location
of streets and highways in the vicinity of the property, the general
location of new streets and arrangement of lots within the proposed
subdivision and the general location of those natural features such
as streams, ponds, marshy and wooded areas, ridgelines, etc., which
may influence the design of the subdivision. This map need not be
drawn to any specific scale, but should be large enough to demonstrate
clearly to the Board the factors which will influence the design of
the subdivision. If possible, the applicant should be prepared to
leave three copies of the map with the Planning Board.
D.
At the initial conference, the Planning Board will discuss the applicant's
proposal with him and may make suggestions either at this time or
after further study, where it is considered necessary, for changes
in the proposed layout. Following receipt of any such suggestions,
the applicant may begin preparation of the preliminary application
for subdivision approval.
After the initial conference, the preparation of a preliminary
plat and construction plans for the proposed subdivision should be
undertaken in accordance with the following procedures:
A.
Discussion with County Health Department. Before preparing the preliminary
plat, the applicant should discuss the proposed subdivision with the
County Health Department, which must eventually approve any final
subdivision plat. Particular attention should be paid to the area,
grade and type of soil of proposed building sites, the proper amount
of land area for private sewage disposal facilities and water supply
and the proper drainage of stormwater.
B.
Required maps. The following maps must be prepared by a licensed professional engineer or land surveyor for submission with the preliminary application. The detailed information to be shown on each is given in the designated section of Article VI of this chapter.
C.
Temporary staking. In order to facilitate inspection and review of
the site of the proposed subdivision, temporary staking along the
approximate center line of all proposed roads in the subdivision will
be required. The subdivider shall provide stakes as follows:
(1)
Stakes shall be placed along the center line of each proposed road
at intervals of not more than 100 feet and at each point of beginning
and ending of each curve. Each stake shall be identified by station
markings to conform to the plans as presented and shall be so placed
as to extend at least 30 inches above the ground surface. Inasmuch
as these stakes are not permanent, a tolerance of up to one foot from
the exact position will be allowed.
(2)
A stake shall be placed at the approximate intersection of each side
lot line with the street line, marked with the identifying numbers
of each abutting lot, as shown on the preliminary plat. These stakes
shall be maintained in position during construction operations.
(3)
All stakes referred to in this subsection shall be in position at
the time the preliminary application is presented to the Planning
Board. The Planning Board will not conduct its field inspection of
the property until such stakes have been positioned.
(4)
All stakes removed or destroyed prior to the approval of the subdivision
plat shall be replaced by the applicant if required by the Planning
Board or its authorized representatives.
D.
Application for preliminary approval. Upon completion of the above
steps, the application for the approval of the preliminary plat may
be submitted either to the Planning Board Secretary in advance of
a scheduled Board meeting or to the Planning Board at a scheduled
public meeting. Such application shall:
(1)
Be made in duplicate on the application form illustrated at the end
of this chapter, copies of which are available from the office of
the Town Clerk, and be accompanied by an application fee, payable
to the Town of Fishkill, in accordance with the current fee schedule.
(2)
Include all land which the applicant proposes to subdivide, even
if the subdivision will be undertaken in sections. Where the applicant
is not currently the owner of the property, written authorization
from the owner as to the submission of the preliminary plat must accompany
the application.
(5)
Be accompanied by a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Fishkill Town Code Chapter 130. The SWPPP shall meet the performance and design criteria and standards in Chapter 130, Article V. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 130.
[Added 11-10-2007 by L.L. No. 9-2007]
E.
Field trip. After receipt of all required preliminary application
material, the Planning Board may schedule a field trip to the site
of the proposed subdivision. The applicant, or his representative,
may be invited to attend the field trip.
F.
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, their relation to the topography of the land, drainage, lot
sizes and arrangements, water supply and sewage disposal, the existing
or future development of adjoining land and the requirements of the
Town Development Plan and Official Map.
(1)
As required by § 114-3 of the Code of the Town of Fishkill, within 10 business days following the applicant's first appearance before the Planning Board, the applicant shall forward a letter prepared by the Planning Board or an authorized agent of the Planning Board to all property owners within 500 feet of the land involved in the application, as the names of such owners appear on the last completed assessment roll of the Town, notifying the property owners of the receipt of the plan and application, by first class mail. The list of property owners shall be obtained by the applicant from the Town's Assessor. The applicant shall thereafter submit a duly executed, notarized affidavit of mailing to the Planning Board. Further appearances before the Planning Board shall be prohibited until an affidavit meeting the requirements has been delivered. In the event a modification to an application proposes a change in the use initially proposed, an increase in the number of buildings or an increase of more than 10% in the height or footprint of a proposed building or structure, other than an accessory building or structure, then a supplementary letter shall be required to be forwarded in the same manner advising of the modification.
[Added 4-15-2015 by L.L.
No. 1-2015]
G.
Scheduling of public hearing.
[Amended 4-1-1985; 4-15-2015 by L.L. No. 1-2015]
(1)
Upon receipt of the completed application and all accompanying material,
the Planning Board shall call a public hearing to be held within 45
days of the date of submission. As a general rule, this hearing will
be held at the next scheduled meeting of the Planning Board occurring
14 or more days after the application is submitted, so as to allow
adequate time for the giving of official notice.
(2)
Notice of such public hearing shall be posted, published and mailed as required by Chapter 114 before said hearing is held. Copies of the preliminary plat and construction plans shall be on file for public review at least five days prior to the public hearing. The Town Clerk shall also mail a copy of the public notice and a copy of the preliminary plat to the County Planning Board where notice to such Board is required by law and to the Clerk of any abutting municipality where the land to be subdivided is within 500 feet of such municipality, each to be received at least 10 days prior to the date of the public hearing.
[Amended 4-3-2019 by L.L.
No. 1-2019]
H.
Public hearing and resolution approving or disapproving the subdivision.
The applicant and/or his representative must attend the public hearing.
At the hearing, the Planning Board will give an opportunity to any
interested person to examine or comment upon the preliminary plat
and construction plans. Within 62 days of the public hearing, the
Planning Board will approve, with or without conditions, or disapprove
the preliminary subdivision proposal by resolution, which will set
forth in detail any conditions to which the approval is subject, or
reasons for disapproval, pursuant to § 276 of the Town Law.
A copy of the resolution shall be mailed by the Planning Board Secretary
to the applicant as soon as possible following the Board's decision.
The time within which the Planning Board must act on the preliminary
plat may be extended by mutual consent of the applicant and the Board.
[Amended 12-5-2001 by L.L. No. 10-2001]
I.
Expiration of approval. Approval of 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 Planning Board.
A.
Submission of final application. Application for final approval of a subdivision shall be filed with the Planning Board Secretary at least 14 days before a scheduled meeting of the Planning Board in order for it to be reviewed at that meeting to determine the date for a public hearing at that meeting, and shall include all of the items listed in Subsection B below. The date that this application and all necessary accompanying material are submitted at the regular meeting of the Planning Board shall be considered the official submission date.
B.
The following items shall accompany the application:
(1)
The final application form, filled out in duplicate, copies of which
are available from the office of the Town Clerk (See sample at the
end of this chapter.), and a fee in accordance with the current fee
schedule.
(3)
Proof of ownership by the applicant of the premises covered by the
application (prepare form as illustrated[1]) or the owner's written authorization for the applicant
to proceed in the owner's behalf.
[1]
Editor's Note: See the sample application for subdivision approval included as an attachment to this chapter.
(4)
A deed to the Town of all streets, parks or easements, as set forth
in substance in § 278 of the Town Law, unless the applicant
has noted on the plat that no offer of dedication is to be made, in
which case the application shall include documents providing for and
fixing responsibility for their suitable maintenance.
(5)
Statements from the applicant's engineer or surveyor certifying the
total amount of acreage within the subdivision, including all streets,
and the total length of all streets. The length of a street shall
be the horizontal distance along the center line of a proposed street
to the farthest point of the turnaround circle pavement. Intersections
shall be counted only once.
(6)
A statement from the applicant's engineer indicating the estimated
cost of construction of subdivision streets and other improvements,
in the event that the applicant wishes to post a performance bond
with the Town.
(7)
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 for each waiver requested.
(9)
Stamped envelopes addressed to each of the owners of property abutting
or directly across the street from the subdivision.
(10)
Be accompanied by a stormwater pollution prevention plan consistent with the requirements of Town of Fishkill Town Code Chapter 130 and with the terms of the preliminary plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 130, Article V. The approved final subdivision plat shall be consistent with the provisions of Chapter 130.
[Added 11-10-2007 by L.L. No. 9-2007]
(11)
A fully executed current certificate of sewer compliance.
[Added 5-23-2014 by L.L.
No. 3-2014]
C.
Approval by other agencies. The filing of written approval by other
agencies with the final application shall be required in the following
instances:
(1)
Intersections with state and/or county highways: by the State Department
of Transportation and/or the Dutchess County Department of Public
Works, as appropriate.
(2)
Method of water supply and sewage disposal: by the County Department
of Health. Such approval shall be endorsed on the subdivision.
(3)
Underground utilities: by the Central Hudson Gas and Electric Company
and the New York Telephone Company, as appropriate.
(4)
State pollutant discharge elimination system (SPDES) permit: by the
New York State Department of Environmental Conservation for any subdivision
which, regardless of whether or not there are other parcels subdivided
from such tract which are more than 10 acres in size:
(a)
Contains five or more parcels of land each of which is less
than 10 acres in size.
(b)
Is subdivided from a single tract of land.
(c)
Is subdivided for any purpose which involves or may involve
the disposal of sewage into the waters of the state, other than from
a treatment works or other community system.
D.
Scheduling of public hearing.
[Amended 4-1-1985; 4-15-2015 by L.L. No. 1-2015]
(1)
Within 45 days of the submission of a plat in final form for approval
by the Planning Board, a public hearing shall be held by the Planning
Board, except that the Planning Board may waive the final hearing
and other procedural matters which it deems unnecessary. As a general
rule, this hearing will be held at the next scheduled meeting of the
Planning Board occurring 14 or more days after the official submission
date, so as to allow adequate time for the giving of official notice.
(2)
Notice of such public hearing shall be posted, published and mailed as required by Chapter 114 before said hearing is held. Copies of the preliminary plat and construction plans shall be on file for public review at least five days prior to the public hearing. The Town Clerk shall also mail a copy of the public notice and a copy of the preliminary plat to the County Planning Board where notice to such Board is required by law and to the Clerk of any abutting municipality where the land to be subdivided is within 500 feet of such municipality, each to be received at least 10 days prior to the date of the public hearing.
[Amended 4-3-2019 by L.L.
No. 1-2019]
E.
Public hearing and resolution approving or disapproving application.
The applicant and/or his representative must attend the public hearing.
At the hearing, the Planning Board will give an opportunity to any
interested persons to examine or comment upon the plat and construction
plans. Within 62 days of the public hearing or within 62 days of submission
of the final plat if the public hearing is waived, the Planning Board
will approve, with or without conditions, or disapprove the subdivision
application by resolution, which will set forth in detail any conditions
to which the approval is subject or reasons for disapproval, pursuant
to § 276 of the Town Law. A copy of the resolution shall
be mailed by the Planning Board Secretary to the applicant as soon
as possible following the hearing.
[Amended 4-1-1985; 12-5-2001 by L.L. No. 10-2001]
F.
Authorization for filing plat by sections. Prior to granting its
approval, the Planning Board may permit the plat to be subdivided
into two or more sections and may impose such conditions upon the
filing of such sections as it may deem necessary to assure the orderly
development of the plat. 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 subdivision
plat, and the extent of each section and all conditions imposed shall
be shown on the subdivision plat. The Planning Board may deny approval
of any subsequent section if a prior section has not first been satisfactorily
completed.
G.
Boundary lines.
[Added 11-6-1989 by L.L. No. 6-1989]
(1)
In the case of the subdivision of a site containing two-family or
multifamily uses in accordance with § 150-61A(8) of the
Town Code, the boundaries between lots may be intended to coincide
with common walls separating attached dwelling units, and it may be
desirable to finalize these boundaries after the foundations of the
dwelling units have been constructed and the actual locations of the
dwelling units are thereby known. In such cases, the Planning Board
may approve a final subdivision plat on which a single lot is shown
to encompass an entire building or cluster of attached dwelling units,
with a notation as to how many such dwelling units are to be constructed
within such single lot.
(2)
The Planning Board may treat the subdivision of the single lots,
in order to provide separate lots for each dwelling unit in the building
or cluster, as a subsequent section of the plat and may simultaneously
approve a preliminary subdivision plat showing the tentative boundary
lines coincident with the common walls of the dwelling units. Upon
determination of the actual locations of the foundations of the dwelling
units and after any necessary revision of the preliminary subdivision
plat, the Planning Board may proceed with the approval of a final
subdivision plat showing the final lot lines of the building or cluster.
H.
Revision of final subdivision plat and construction plans. Based
upon the above-noted resolution, the applicant shall have the final
subdivision plat revised, if necessary. This may require correcting
and completing the plat in final form or drawing a new map. In the
latter case, the final plat must be exactly the same as the conditionally
approved plat, except for any changes required by the resolution.
The construction plans must also be revised as required by the resolution.
I.
Review of final subdivision plat and construction plans. After completion
of the final subdivision plat and construction plans in accordance
with the Board's resolution, three copies of each shall be submitted
to the Planning Board for final review. The construction plans must
be endorsed "approved" by the Chairman or his delegate before the
plat will be signed or any construction work approved. No formal approval
shall be endorsed on the plat until a review has indicated that all
requirements of the resolution have been met.
J.
Signing of plat.
(1)
When a bond is filed, the Planning Board will endorse approval on
the plat after the bond has been approved and filed and all of the
conditions of the resolution pertaining to the plat and construction
plans have been satisfied.
(2)
When no bond is filed, the Planning Board will endorse approval on
the plat after all conditions of the resolution have been satisfied
and all improvements satisfactorily completed.
(3)
Approval will be endorsed on the tracing cloth original of the plat,
which will be returned to the applicant, and on one print of the plat,
which will be retained by the Board.
K.
Plat void if revised after signature. No changes, erasures, modifications
or revisions shall be made to any subdivision plat after approval
has been given by the Board and endorsed, in writing, on the plat.
In the event that any subdivision plat, when recorded, contains any
such changes, the plat shall be considered null and void.
L.
Filing with County Clerk. In accordance with the Town Law, the plat
should be filed with the Dutchess County Clerk within 60 days of the
date of signing. (Note: Said plat must be certified by a licensed
land surveyor in order for the Dutchess County Clerk to accept it.)
The approval of any plat not so filed shall expire 60 days from the
date of signing. The Planning Board may extend such sixty-day periods,
as provided in § 276 of the Town Law, upon written request
by the applicant.
M.
Submission of copies. The applicant is required to submit three copies
of the subdivision plat, showing the endorsement of the County Clerk,
to the Planning Board Secretary within 30 days of the date of filing.
