Preliminary subdivision plats shall conform to the definitions provided in Article XII of this chapter.
A.
The parcel to be subdivided shall meet all requirements of Chapter 250, Zoning, and other local laws. The Planning Board may refer the application to the Zoning Administrator for compliance review, and shall require the parcel to be in compliance prior to issuing preliminary approval. Any variances required for the subdivision shall be processed prior to preliminary approval by the Planning Board.[1]
B.
A preliminary subdivision plat shall not be considered
complete for the purpose of approval by the Planning Board until a
negative declaration has been filed or until a notice of completion
of a draft environmental impact statement has been filed in accordance
with the provisions of SEQR. If the Planning Board determines that
a draft environmental impact statement is not required on the application,
within 62 days of the receipt of the complete subdivision plat by
the Clerk of the Planning Board, the Planning Board shall hold a public
hearing on such plat. If the Planning Board determines that an environmental
impact statement is required on such plat and that a public hearing
is required on the draft environmental impact statement, the public
hearing on the plat and the draft environmental impact statement shall
be held jointly within 62 days after the notice of completion of a
draft environmental impact statement has been filed. If no public
hearing is held on the draft environmental impact statement, the public
hearing on the subdivision plat shall be held within 62 days of filing
the notice of completion.
C.
Notice.
(1)
Notice of the public hearing shall be advertised at
least once in the officially-designated general circulation newspaper
of the Town at least five days before such hearing if no hearing is
held on the draft environmental impact statement or 14 days if a hearing
is held jointly. The Planning Board shall also mail copies of the
public hearing notice by certified mail, at least 10 days prior to
the public hearing, if no hearing is held on the draft environmental
impact statement or 14 days if a hearing is held jointly, to the following:
(a)
Applicant(s), involved agencies, and as otherwise
required by SEQR;
(b)
All owners of property located within 200 feet
of the property lines of the parcel to be subdivided;
(c)
All owners of land within 500 feet of a farm
operation, where such parcel is being subdivided, located in a New
York State Agricultural District. Such owners shall, in addition,
be sent an Agricultural Data Statement on forms supplied by the Town
of Clinton and prepared by the applicant.
(2)
The actual costs incurred with publication of the
public hearing notices in the newspaper shall be included in the application
fee, except where a second notice is required, which is to be paid
by the applicant. Certified mailings shall be paid for by the applicant.
D.
The hearing on the preliminary subdivision plat shall
be closed upon motion of the Planning Board within 120 days after
it has been opened. The Planning Board shall not close the public
hearing on the preliminary subdivision plat until a negative declaration
has been filed by the Planning Board if a draft environmental impact
statement has not been required. If a draft environmental impact statement
has been required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing in
accordance with SEQR. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the preliminary subdivision plat. Within 30 days of the filing of
the final environmental impact statement, the Planning Board shall
issue a written findings statement and make its decision on the preliminary
subdivision plat. If the Planning Board determines that the preparation
of a draft environmental impact statement on the preliminary subdivision
plat is not required, within 62 days from the date of the closure
of such public hearing, the Planning Board shall act by resolution
on the preliminary subdivision plat. The Planning Board shall decide
to approve, approve with or without modification, or disapprove the
preliminary subdivision plat. The Planning Board shall specify the
basis for its decision in a resolution to be contained in the minutes
of the Planning Board meeting. In the event that the hearing is not
held, or if the Planning Board fails to disapprove the subdivision
plat within the 62 days prescribed above, the plat shall be deemed
approved in accordance with the provisions of § 276 of the
New York State Town Law. The time in which the Planning Board must
take action may only be extended by mutual consent of the applicant
and the Planning Board. The Town Clerk shall notify the Planning Board
of any certification by default issued.
E.
Within five business days of the adoption of the resolution
granting approval of such preliminary subdivision plat, such plat
shall be certified by the Planning Board as having been granted preliminary
approval and a copy of the plat and resolution shall be filed in the
Planning Board's office. A copy of the resolution shall be mailed
to the property owner and/or to the applicant. Within five business
days from the date of adopting of the resolution approving the preliminary
plat, the Chairperson, Clerk, or other duly authorized member of the
Planning Board shall file a copy of such resolution in the office
of the Town Clerk.
F.
When approving a preliminary plat, the Planning Board
shall state in writing the modifications, if any, it deems necessary
for submission of the plat in final form with respect to (1) the specific
changes which will be required in the preliminary plat, (2) the extent
of waivers which may have been specifically requested and which in
the Planning Board's opinion may be authorized without jeopardy to
the public health, safety and general welfare, and (3) the categories
of improvement and the estimated amount of all bonds or similar performance
guarantees which the Planning Board shall require as a requisite to
approval of the final plat. The action of the Planning Board plus
any conditions attached thereto shall be noted on three copies of
the preliminary plat, which notation may occur by attachment of a
certified copy of the Planning Board's resolution, within five days
of the Board's decision on the preliminary plat. One copy shall be
returned to the applicant, one copy shall be retained by the Planning
Board and one copy shall be forwarded to the Town Clerk. Prior to
the approval of the final 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.
G.
Within six months of the approval of the preliminary
plat, the applicant must submit the plat in final form. If the final
plat is not submitted within six months, approval of the preliminary
plat shall be considered to have been revoked by the Planning Board
unless a mutual extension has been agreed to in writing by the Planning
Board and the applicant. Extensions of six months' duration may be
granted, at the end of which, if not renewed, the approval shall be
considered to have been revoked by the Planning Board.
Final subdivision plats shall conform to the definitions provided in Article XII of this chapter.
A.
The Planning Board shall hold a public hearing on
a proposed final plat which is not in substantial agreement with the
approved preliminary plat, within 62 days after receipt of a complete
application for final plat submitted to the Planning Board Clerk,
in accordance with § 276 of the New York State Town Law.
The Planning Board, in reviewing the proposed final plat which is
not in substantial agreement with the approved preliminary plat, shall
determine whether to require a draft environmental impact statement.
If the Planning Board determines that a draft environmental impact
statement is required on such plat and that a public hearing is required
on the draft environmental impact statement, the public hearing on
the plat and the draft environmental impact statement shall be held
jointly within 62 days after the notice of completion of a draft environmental
impact statement has been filed in accordance with the provisions
of SEQR.
(1)
Notice of the public hearing shall be advertised at
least once in the officially designated general circulation newspaper
of the Town at least five days before such hearing if no hearing is
held on the draft environmental impact statement or 14 days if a hearing
is held jointly. The Planning Board shall also mail copies of the
public hearing notice by certified mail, at least 10 days prior to
the public hearing, if no hearing is held on the draft environmental
impact statement or 14 days if a hearing is held jointly, to the following:
(a)
Applicant(s), involved agencies, and as otherwise
required by SEQR.
(b)
All owners of property located within 200 feet
of the property lines of the parcel to be subdivided.
(c)
All owners of land within 500 feet of a farm
operation, where such parcel is being subdivided, located in a New
York State agricultural district. Such owners shall, in addition,
be sent an agricultural data statement on forms supplied by the Town
of Clinton and prepared by the applicant.
(2)
Where such additional public hearing is held the actual
costs incurred with publication of the public hearing notice in the
newspaper and certified mailings shall be paid for by the applicant.
B.
The Planning Board may waive the public hearing required
for a final plat application if the Board determines that the final
plat is in substantial agreement with the approved preliminary plat,
including any modifications or requirements imposed by the Planning
Board.
C.
The hearing on the final subdivision plat shall be closed upon motion of the Planning Board within 120 days after it has been opened. If a draft environmental impact statement has been required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with SEQR. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the final subdivision plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the final subdivision plat. If the Planning Board determines that the preparation of a draft environmental impact statement on the final subdivision plat is not required, within 62 days from the date of the closure of such public hearing, the Planning Board shall act by resolution on the final subdivision plat; or, if the hearing is waived pursuant to Subsection B above, within 62 days of receipt of the complete final plat application for a subdivision, shall approve, conditionally approve, conditionally approve with modifications, or disapprove such plat. The Planning Board shall advise the applicant of its decision by certified mail within five business days. The basis for disapproval of any final plat shall be stated in the resolution of the Planning Board. The time frame in which the Planning Board shall take action on the final plat may be extended by mutual consent of the applicant and the Planning Board. If the Planning Board fails to act within the stated time period, the final plat shall be deemed approved pursuant to § 276 of New York Stale Town Law. The Town Clerk shall notify the Planning Board of any certification by default issued.
D.
Additional SEQR review of the proposed subdivision, if warranted as a result of the final plat not being in substantial agreement with the preliminary plat, must be completed by the Planning Board prior to any action on the final plat application. The Planning Board shall review all submission requirements and certifications (Article XIV), including performance bonds, maintenance bonds, fees, and other items required for final approval.
E.
If conditional approval is granted, the Planning Board shall authorize
the Chairperson of the Planning Board to sign the final plat upon
compliance with such conditions and requirements as stated in its
resolution for conditional approval. Within 10 business days of the
resolution granting conditional approval, copies of the final plat
shall be so certified by the Chairperson of the Planning Board as
conditionally approved, a copy filed in the Planning Board office,
and a copy mailed to the applicant and/or owner which shall include
a statement of such requirements which, when completed, will authorize
the signing of the conditionally approved plat. 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 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 8-13-2013 by L.L. No.
1-2013, effective 8-21-2013]
F.
Within five business days from the date of the adoption
of the resolution approving the final plat, the Chairperson of the
Planning Board shall file such resolution in the office of the Town
Clerk.
G.
The signature of the Chairperson of the Planning Board,
constituting final approval of the subdivision plat, shall expire
within 62 days from the date of such approval unless within such sixty-two-day
period such plat shall have been filed in the office of the Dutchess
County Clerk. In the event the owner shall file only a section of
such approved plat in the office of the Dutchess County Clerk, the
entire approved plat shall be filed within 30 days of the filing of
such section with the Town Clerk. Such section shall encompass at
least 10% of the total number of lots contained in the approved plat
and the approval of the renaming 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 New York State Town Law.
H.
The owner of an approved subdivision may abandon such
subdivision pursuant to the provisions of § 560 of the New
York State Real Property Tax Law.
I.
In granting conditional or final approval of a plat
in final form, the Planning Board may permit the plat to be subdivided
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
such 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.
A.
The Planning Board shall review the lot line adjustment
application to ensure that the proposed changes in lot boundaries
are in accordance with this chapter.
B.
The Planning Board may waive any of the application
requirements except, if necessary, the requirement for a variance,
or the requirement for application fees, which fee requirement may
not be waived without approval by resolution of the Town Board.
C.
A public hearing for a lot line adjustment will not
normally be required; however, if the Planning Board has reason to
believe that a public hearing on the application is needed, such a
public hearing may be scheduled.
D.
Lot line adjustments, except as stated herein, shall
be considered Type II actions under SEQR. Where any of the affected
lots contain commercial uses, such lot line adjustments shall not
be considered as Type II actions under SEQR. Further, where the lot
line adjustment action taken voids a previously approved site plan,
special permit or other permit, any permit reapplications may require
SEQR review.
E.
The Planning Board shall be deemed to have approved
an application and granted a permit for a lot line adjustment(s) by
indication of such approval upon the plat or map of the proposed lot
line adjustment(s) and by certified letter to the applicant and/or
owner(s). The Planning Board shall be bound by the same default timetable
and procedure with respect to lot line adjustments as it is bound
with respect to subdivisions, in accordance with NYS Town Law § 276.
