A.
Whenever any subdivision or resubdivision of land
is proposed and before any contract for the sale or any offer to sell
such subdivision or any part thereof is made, the subdividing owner
or his agent, duly authorized in writing, shall proceed to secure
approval of the proposed subdivision in accordance with the following
phases:
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.
The Planning Board has accumulated a considerable
body of information which may be of material assistance to the prospective
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.
A.
Preparation for initial conference. 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, the Zoning Ordinance and other related
land use ordinances of the Town of Wappinger. He should also study
the Town Development Plan to determine what recommendations may already
have been suggested for the use of his property.
B.
Map recommended for initial conference. To aid in
presenting the proposal to the Planning Board, the applicant should
prepare the following: several pen or pencil sketch layouts 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 natural features, such as
streams, ponds, marshy and wooded areas, ridge lines, 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.
C.
Initial conference. 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
may be undertaken in accordance with the following procedures.
A.
Discussion with County Health Department and application to Town
Board. Before preparing the preliminary plat, the applicant may 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.
Prior to the granting of preliminary plat approval, the applicant
shall apply to the Town Board for any and all approvals relating to
water, sewer or drainage districts that may be required for the subdivision.
[Amended 3-11-2019 by L.L. No. 4-2019]
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 Appendix A[1] of these regulations:
(1)
Preliminary plat (see Section A1 of Appendix A): 12 copies at a scale not less than one inch equals 100 feet; no smaller than eight inches by 11 inches.
(2)
Topographic map (see Section A2 of Appendix A): 12 copies at the same scale as the preliminary plat.
(3)
Map of contiguous holdings (see Section A3 of Appendix A): shown on location map.
(4)
Preliminary construction plans and profiles (see Section A4 of Appendix A): four copies at a scale not less than one inch equals 100 feet, unless otherwise requested.
(5)
Planning developments to minimize soil erosion and
sedimentation.
(a)
Site selection.
[1]
Erosion and sediment control begins with the
selection of the site to be developed. Sites with steep slopes (more
than 10%) or soils that are highly erodible and those that have a
poor vegetation cover will have a high potential for soil erosion
and resulting sediment.
[2]
Soil surveys of the area can give many of the
needed facts for proper site selection. The soil type, steepness and
length of slope and the erodibility of the soil can be determined
from this information. However, soils that have a high erosion potential
can be developed. Sites with these soils would need more positive
erosion control measures and require a higher level of design.
(b)
Principles of erosion and sediment control.
[1]
The time to consider sediment control is during
the preliminary planning stage. Available data and information on
soils, hydrology, vegetation and other related resources are a basic
part of a land development plan.
[2]
Land development can either minimize soil losses
and cause limited damages to the natural environment or it can cause
extensive sediment damage and degrade environmental quality. Planning
assistance is available from the local soil and water conservation
district. Refer to the most recent version of the local ordinance
for Regulations and Standards on Erosion and Sedimentation Control.[2]
[1]
Editor's Note: Said Appendix A is included at the end of this chapter.
C.
Environmental review.
(2)
The Planning Board shall determine whether the proposed
action is subject to the State Environmental Quality Review Act (SEQR),
local law or applicable Town regulations which implement SEQR.
(3)
The applicant must include an Environmental Assessment
Form and any other necessary documentation to comply with SEQRA and
applicable local law and Town regulations. No application shall be
deemed complete until a determination of "no significance" has been
made or until a draft EIS has been accepted by the lead agency as
satisfactory with respect to scope, content and adequacy.
D.
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 required
by the Planning Board.
E.
Application for preliminary approval. Upon completion
of the aforementioned steps, the application for the approval of the
preliminary plat shall be submitted to the Planning Board Secretary
for scheduling into the next available agenda. Such application shall:
(1)
Be made in duplicate on the application form, copies of which are available from the office of the Planning Board, and be accompanied by an application fee, payable to the Town of Wappinger, in accordance with the fees as set forth in Chapter 122, Article IV, § 122-16L of the Code.
[Amended 3-8-2004 by L.L. No. 4-2004]
(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 agreeing to the submission of the preliminary plat
must accompany the application.
(5)
The maps will be sent out to all Town officials who
have a need to input information to the Planning Board.
F.
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
will attend the field trip.
G.
Study of the 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 sewerage
disposal, the future development of adjoining land not yet subdivided
and the requirements of the Town Development Plan and Official Map.
H.
Scheduling of public hearing.
[Amended 9-13-1999 by L.L. No. 6-1999; 6-27-2005 by L.L. No.
5-2005]
(1)
Requirements. Upon receipt and approval of the complete
application and all accompanying material, the Planning Board shall
call a public hearing to be held in accordance with Town Law §
276, Subdivision 5.
(2)
Notwithstanding § 217-12H(l) above, the
Planning Board may waive the public hearing for an application that
consists solely of the realignment of a common lot line between two
adjacent lots.
(3)
Responsibilities of the Secretary. The Secretary of the Planning
Board shall ensure that the requirements for publication of a public
hearing notice and notification of all property owners within 100
feet of the lot(s) subject to the subdivision have been completed
by the applicant. Notification to said property owners, as identified
by the Town, shall be by certified U.S. Mail, shall be postmarked
within three days of the setting of the public hearing by the Planning
Board, and shall include a copy of the legal notice prepared by the
Town. Proof of mailing in the form of a list of said property owners
and copies of the stamped certified mail receipts shall be submitted
to the Planning Board prior to the public hearing. The expense of
publishing and mailing any notice required by this section shall be
paid for by the applicant. The Planning Board Secretary will make
available a copy of the preliminary plat and construction plans for
public review at least five days prior to the public hearing. The
Secretary 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 11-13-2019 by L.L. No. 6-2019]
(4)
The applicant shall post the property with signage notifying the
public of the public hearing. The posting shall be on signage provided
by the Town. One sign shall 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, the board calling the public hearing
shall determine the number and placement of the signs to be posted
on the property. The postings shall be placed on the property at least
10 calendar days prior to the public hearing. If the public hearing
is adjourned, the sign shall be revised to reflect the adjourned date
within five days of the adjournment. An affidavit attesting to the
date of the initial posting and any revised posting(s) shall be filed
with the board calling the public hearing. The signage required herein
shall be removed within five days of the close of the public hearing.
An applicant shall not be deemed to have violated the requirement
to maintain the signage if the signage is removed or destroyed by
an unrelated party or a natural force and replaced within five calendar
days. Failure to comply with this subsection shall not constitute
grounds to invalidate any approval by the Planning Board.
[Added 11-13-2019 by L.L.
No. 6-2019]
I.
Public hearing and resolution approving or disapproving
application. In order to expedite the application, it is recommended
that the applicant or his representative 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. When questions or issues are raised at the
hearing requiring the obtaining of further information, the Planning
Board shall have the authority to adjourn and continue the hearing
at a future Board meeting. The Planning Board will approve, with or
without modifications, or disapprove the preliminary subdivision application
by resolution, which will set forth in detail any modifications to
which the approval is subject or reasons for disapproval, pursuant
to § 276, Subdivision 5, of the Town Law. A copy of this
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.
Approval of the preliminary subdivision application does not authorize
the applicant or owner to perform any clearing, tree felling, grubbing,
grading or construction work on the lands being subdivided. Such authorization
shall only take place after the approval of the final subdivision
plat and construction plans.
[Amended 9-13-1999 by L.L. No. 6-1999; 3-11-2019 by L.L. No. 4-2019]
J.
Expiration and extensions of preliminary plat approval.
Approval of a preliminary plat shall expire six months from the date
of the resolution granting that approval if no application for final
approval is submitted within such period. However, the time limit
specified above may be extended by the Planning Board for good cause
shown upon the written request of the owner of the property or a duly
authorized agent made at least 30 days before the expiration of approval.
Extensions of preliminary subdivision plat approval shall not exceed
one year for each extension. In no case shall preliminary plat approval
be extended beyond five years from the date of original approval.
[Amended 4-28-2003 by L.L. No. 6-2003]
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 to be considered for public hearing at that meeting and shall include all of the items listed in § 217-13B below. The date upon which this application, together with all necessary accompanying material, is accepted by the Planning Board at a regularly scheduled meeting shall be considered the official submission date.
B.
Items to accompany application.
(2)
Copies of plat. Four copies of each of the final subdivision plat and construction plans, which shall conform to these regulations and shall show all items listed in Sections A5 and A6 of Appendix A.[1]
[1]
Editor's Note: Said Appendix A is included at the end of this chapter.
(4)
Deeds, easements and irrevocable offers of cession. The appropriate deeds, easements and irrevocable offers of cession to the Town of all streets, parks, easements or other public areas shall be submitted and approved prior to signing of the plat. In the event that the applicant has noted on the plat that no offer of dedication is to be made, the application shall include documents providing for and fixing responsibility for their suitable maintenance. Such deeds, easements and irrevocable offers of cession shall be in a form specified and shall be accompanied by such documents as prescribed by § 217-17B of these subdivision regulations.
(5)
Engineer's statement. A statement 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 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)
List of waivers. A list of any and all waivers of
the provisions of these regulations which the applicant requests the
Planning Board to grant in his specific case, with the reasons for
each waiver requested.
C.
Approval by other agencies. The filing of written
approval by other agencies with the final application shall be required,
as illustrated by the following examples:
(1)
Intersections with state highways: by the State Department
of Transportation.
(2)
Method of water supply and sewage disposal: by the
County Department of Health. Such approval shall be endorsed on the
subdivision plat. If these services are to be provided by municipal
systems, a letter from the chief fiscal officer of the municipality
shall be obtained stating that sufficient capacity exists and that
the service or services will be provided.
(3)
Underground utilities: by the Central Hudson Gas and
Electric Company, the New York Telephone Company and the Town franchised
cablevision company, as appropriate.
D.
Authorization to call the public hearing.
(1)
Calling the public hearing. Upon acceptance of the
final application and all accompanying material, the Planning Board
must call a public hearing to be held in accordance with Town Law
§ 276, Subdivision 6.
[Amended 9-13-1999 by L.L. No. 6-1999]
(2)
Notice. The Secretary shall ensure that the requirements
for publication of public hearing notice and notification of abutting
property owners has been completed according to adopted Town procedure
and shall file copies of the subdivision plat and construction plans,
which will be available in the office of the Planning Board for public
review at least five days prior to the public hearing. The Secretary
shall also mail a copy of the public notice and copy of the proposed
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.
E.
Public hearing and resolution approving or disapproving
application.
(1)
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
plat and construction plans. When questions or issues are raised at
the hearing requiring the obtaining of further information, the Planning
Board shall have the authority to adjourn and continue the hearing
at a future Board meeting. The Planning Board will conditionally approve,
conditionally approve, with or without modifications, disapprove or
grant approval and authorize the signing of the plat, by resolution,
which will set forth in detail any conditions to which the approval
is subject or reasons for disapproval, pursuant to § 276,
Subdivision 6, 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 9-13-1999 by L.L. No. 6-1999]
(2)
Upon resolution of conditional approval of such final
plat, 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. Within five days of such resolution the
plat shall be certified by the Secretary of the Planning Board as
conditionally approved and a copy filed in that office and a certified
copy mailed to the applicant, including a certified statement of such
requirements which, when completed, will authorize the signing of
the conditionally approved final plat. Upon completion of such requirements,
the plat shall be signed by the duly authorized officer of the Planning
Board.
(3)
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 complete.
(4)
Notwithstanding the foregoing provisions, the Planning
Board may extend for periods of 90 days each, the time in which a
conditionally approved plat must be submitted for signature if, in
the Planning Board's opinion, such extension is warranted by the particular
circumstances.
[Amended 1-23-2012 by L.L. No. 3-2012]
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 25% 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.
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 redrawing 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.
H.
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, eight copies of each shall be submitted
to the Planning Board for final review. The construction plans must
be endorsed by the Engineer to the Town as "approved" before the plat
will be signed or any clearing, tree felling, grubbing, grading or
construction work is approved or takes place. No formal approval shall
be endorsed on the plat until a review has indicated that all requirements
of the resolution have been met.
[Amended 3-11-2019 by L.L. No. 4-2019]
I.
No clearing, tree felling, grubbing, grading or construction work
shall be approved or take place on the land being subdivided until
all of the following occur:
[Added 3-11-2019 by L.L.
No. 4-2019]
(1)
Fulfillment by the applicant of all applicable conditions of the
resolution of final subdivision plat approval.
(2)
A bond or other performance guarantee in an amount as determined
by the Town Engineer for the possible restoration of the land being
subdivided is filed with the Town.
(3)
A notice of intent (NOI) and a stormwater pollution prevention plan
(SWPPP) have been approved by the Town, if applicable.
(4)
Applicable inspection fees and sufficient escrow have been submitted
by the applicant or owner to the Town.
(5)
Erosion and sedimentation, wetland protection, and tree protection
measures, as applicable, have been implemented to the satisfaction
of the Town Building Department.
(6)
The applicant shall attend a pre-construction meeting with the Town
Building Department.
A.
Signing of plat.
(1)
The Planning Board will endorse approval on the plat
after all conditions of the resolution have been satisfied.
(2)
Approval will be endorsed on the tracing cloth original
of the plat. A copy of the plat to be signed is to be submitted to
the Planning Board Secretary before the signing of the original.
B.
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 such changes, the plat shall be considered null and void.
C.
Filing plat with County Clerk. In accordance with
Town Law § 276, Subdivision 11, the plat shall be filed
with the Dutchess County Clerk within 62 days of the date of signing.
The approval of any plat not so filed shall expire 62 days from the
date of signing.
[Amended 9-13-1999 by L.L. No. 6-1999]
D.
Submission of copies of filed plat. The applicant
is required to submit six 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.
