Town of Stanford, NY
Dutchess County
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Table of Contents
Table of Contents
Whenever any subdivision of land is proposed, and before any contract for the sale or lease of or any offer to sell or lease any lots in such subdivision or any part thereof is made, and before any permit for the erection of any structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedures.
A. 
The property owner or his duly authorized representative shall initially schedule an appointment with the Clerk of the Planning Board to informally discuss the proposed subdivision and become familiar with the requirements of these regulations, the Town of Stanford Zoning Law and other laws, ordinances, rules, regulations or policies of the Town of Stanford, County of Dutchess or State of New York that may be pertinent to the proposed subdivision.
B. 
Discussion at the preapplication conference shall include review of both procedural and submission requirements and the technical application of the standards provided within the regulations as related to lot layout and required improvements.
A. 
Submission of sketch plat. The property owner or his duly authorized representative shall submit to the Clerk of the Planing Board at least 14 days prior to the regular meeting of the Planning Board a sketch plat application and three copies of a sketch plat of the proposed subdivision for purposes of classification and preliminary discussion. If the proposed subdivision includes five or more lots, the sketch plat shall conform to the requirements listed in Article VI, § 140-21, of these regulations.
B. 
Classification and designation. Classification of the sketch plat is to be made at the regular meeting by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. A notation regarding classification shall be made by the Planning Board directly on the sketch plat. The Planning Board may require, however, when it deems necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plat is classified by the Planning Board as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 140-7, of these regulations. If it is classified by the Planning Board as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 140-8 and 140-9. The Planning Board shall, based upon input provided by the applicant, also designate the name by which the subdivision shall be known.
C. 
Study of sketch plat.
(1) 
The Planning Board shall within 45 days after submission determine whether the sketch plat meets the objectives of these regulations and shall, where it deems necessary, make in writing specific recommendations to be incorporated by the applicant in the next submission to the Planning Board. In its review, the Planning Board may schedule a field visit to the site. To facilitate the inspection of the site, the subdivider shall have the corners of the property, proposed lot corners and the center line of any proposed streets marked by temporary stakes. The subdivider and/or his representatives may be requested to accompany the Planning Board during its site visit.
(2) 
Sketch plat review requires the filing of an initial application and payment of a nonrefundable fee in accordance with the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board. Sketch plat endorsement does not allow filing of a plat with the County Clerk or authorize the sale or lease of or any offer to sell or lease any lots in such subdivision or any part thereof.
A. 
Application and fee. Within six months of the classification by the Planning Board of the sketch plat of a proposed subdivision as a minor subdivision, the property owner or his duly authorized representative shall submit an application for approval of a minor subdivision plat. The plat shall conform to the layout shown on the sketch plat plus any recommendations made by the Planning Board at the time of sketch plat endorsement and consistent with the intent of these regulations, as set forth in § 140-2. Said application shall also conform to the requirements listed in Article VI, § 140-20, of these regulations. Any application for plat approval for a minor subdivision shall be accompanied by the applicable nonrefundable fee in accordance with the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board. A copy of said fee schedule shall be available from the Clerk of the Planning Board.
B. 
Number of copies. The application for approval of a minor subdivision plat, complete with six copies of the subdivision plat and all further required data specified within Article VI, § 140-20, shall be filed with the Clerk of the Planning Board at least 14 days prior to the regular meeting of the Planning Board at which meeting it shall be introduced and considered officially received by the Planning Board for purposes of these regulations.
C. 
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the minor subdivision plat.
D. 
Approval procedure.
(1) 
Within 45 days of the receipt of the complete subdivision plat application by the Planning Board, the Planning Board shall hold a public hearing on such plat.
(2) 
Notice of the public hearing shall be advertised at least once in an officially-designated general circulation newspaper of the Town at least five days before such hearing.
(3) 
Within 45 days from the date of such public hearing, the Planning Board shall act by resolution on the subdivision plat. The Planning Board shall either approve, conditionally approve, with or without modification, or disapprove the plat. The Board shall specify in writing its reasons for any such disapproval. In the event that the hearing is not held or if the Board fails to disapprove the subdivision plat within the 45 days prescribed above, the plat shall be deemed approved in accordance with the provisions of § 276 of the Town Law. The time in which the Planning Board must take action may only be extended by mutual consent of the owner and the Planning Board.
(4) 
Upon a resolution of approval, an original acceptable for filing in the Dutchess County Clerk's office and eight copies of the subdivision plat shall be provided by the applicant and properly signed by the Chairman of the Planning Board. The subdivision plat may then be filed by the applicant in the office of the Dutchess County Clerk. Any minor subdivision plat not so filed or recorded within 60 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void. If conditional approval is granted, the Planning Board shall empower the Chairman of the Planning Board to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be so certified by the Clerk of the Planning Board as conditionally approved, a copy filed in the Planning Board office and a copy so certified mailed to the subdivider. The copy mailed to the subdivider shall include, by attachment of the Planning Board's resolution, a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the conditions and requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if, in its opinion, such extension is warranted, for a time not to exceed two additional periods of 90 days each.
A. 
Application and fees. Prior to the filing of an application for the approval of a major subdivision plat and within six months of the classification by the Planning Board of the sketch plat of a proposed subdivision as a major subdivision, the property owner or his duly authorized representative shall file an application for consideration of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form and include all the data prescribed by Article VI, § 140-22, hereof. The preliminary plat shall in all respects comply with the requirements of §§ 276 and 277 of the Town Law and these regulations, except where a waiver of any specific requirement may be specifically requested in writing from and authorized by the Planning Board. Payment of a nonrefundable fee shall accompany all applications for approval of a preliminary plat for a major subdivision. Said application fee shall be in accordance with the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board. A copy of said fee schedule shall be available from the Clerk of the Planning Board.
B. 
Purpose.
(1) 
The preliminary plat and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board, and later one copy shall become the official record of the Town Clerk. The preliminary plat and supporting documents shall show the layout of the subdivision and its required improvements, both public and private, so that the Planning Board can indicate its approval or disapproval of the subdivision prior to the time that the final plat, including the final engineering design and detailing of the required improvements and utilities, is completed.
(2) 
Approval of the preliminary plat does not constitute an approval of the final plat, nor should it be considered a valid basis for the construction of site improvements or other commitments which depend upon its design characteristics, except as may otherwise be specifically authorized by the Planning Board.
(3) 
The preliminary layout shall additionally serve as a key map to subdivisions subsequently laid out in sections or phases on final plats.
C. 
Number of copies. The application for approval of the preliminary plat, complete with six copies of the preliminary plat, shall be filed with the Clerk of the Planning Board at least 14 days prior to the regular meeting of the Planning Board, at which meeting it shall be introduced and considered officially received by the Planning Board for purposes of these regulations. A proposed submission which does not include all the required drawings and documents specified within Article VI, § 140-22, of these regulations shall not be accepted by the Clerk of the Planning Board.
D. 
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.
E. 
Study of preliminary plat. The Planning Board shall study the practicality of the preliminary plat taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relationship to the topography of the land, location of prospective homesites, water supply, sewage disposal, drainage, lot sizes and configuration, the future development of lands as yet unsubdivided and the requirements of the Master Plan, Official Map, if one exists, and Zoning Law. In its review of the preliminary plat, the Planning Board may consult with its private planning, engineering and legal consultants, as well as other Town officials, boards, agencies and departments.
F. 
Approval procedure.
(1) 
Within 45 days of receipt of the complete preliminary plat application by the Planning Board, the Planning Board shall hold a public hearing on such preliminary plat.
(2) 
Notice of the public hearing shall be advertised at least once in an officially designated general circulation newspaper of the Town at least five days before such hearing.
(3) 
Within 45 days from the date of such public hearing, the Planning Board shall act by resolution on the preliminary plat. The Planning Board shall either approve, with or without modifications, or disapprove the preliminary plat. The time in which the Planning Board must take action may only be extended by mutual consent of the owner and the Planning Board. Failure of the Planning Board to take action on a preliminary plat within the time prescribed therefor shall be deemed approval of the preliminary plat in accordance with the provisions of § 276 of the Town Law.
(4) 
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 the specific changes which it will require in the preliminary plat, 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 the categories of improvement and the estimated amount of all bonds or similar performance guaranties 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. One copy shall be returned to the subdivider, one copy shall be retained by the Planning Board, and one copy shall be forwarded to the Town Board through 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.
A. 
Application and fee.
(1) 
Following approval, with or without modifications, of the preliminary plat, the property owner or his duly authorized representative shall prepare a final plat, together with all other supplementary documents, in accordance with Article VI, § 140-23, of these regulations, which final plat shall specifically address each of the conditions of the preliminary plat approval. The application for final plat approval for a major subdivision or any section thereof shall be accompanied by a processing fee in accordance with the Town's subdivision fee schedule.
(2) 
The final plat and other supplementary documents shall be filed with the Clerk of the Planning Board, together with a written application for final approval, within 180 days after approval, with or without modifications, of the preliminary plat, unless such time limit is extended by mutual consent of the applicant and the Planning Board.
B. 
Purpose. The final plat and the supporting documents for a proposed subdivision constitute the complete plans for development of the subdivision proposal. After public hearing, as required, and approval by the Planning Board, this complete submission along with the applicable performance guaranty and the general liability insurance policy, as approved by the Town Board, becomes the basis for the development of the subdivision, the installation of required improvements and the applicable inspection services by the Planning Board, the designated Town Engineer or other delegated Town officials.
C. 
Number of copies. The application for approval of the final plat, complete with eight copies of the final plat, shall be filed with the Clerk of the Planning Board at least 14 days prior to the regular meeting of the Planning Board, at which meeting it shall be introduced and considered officially received by the Planning Board for purposes of these regulations.
D. 
Approval procedure.
(1) 
Within 45 days of the receipt of the final plat by the Planning Board, the Planning Board shall hold a public hearing, if required, on such final plat. Such hearing shall be advertised at least once in an officially designated general circulation newspaper of the Town; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 140-8 of this Article, and modified in strict accordance with requirements of such approval, if such preliminary plat has been approved with modifications, the Planning Board may waive by resolution the requirement for such public hearing.
(2) 
Within 45 days from the date of such public hearing or from the date of receipt of the application by the Clerk of the Planning Board, if no such hearing is held, the Planning Board shall act by resolution on the final plat. The Planning Board shall either approve, conditionally approve, with or without modification, or disapprove the final plat. The time in which the Planning Board must take action may only be extended by mutual consent of the owner and the Planning Board. Failure of the Planning Board to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat in accordance with the provisions of § 276 of the Town Law.
(3) 
If conditional approval is granted, the Planning Board shall empower the Chairman of the Planning Board to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be so certified by the Clerk of the Planning Board as conditionally approved, a copy filed in the Planning Board office and a certified copy mailed to the subdivider, which shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. Upon specific request by the applicant, the Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if, in its opinion, such extension is warranted, for a time not to exceed two additional periods of 90 days each.
E. 
Final approval and filing. Upon completion of the requirements in Article III, § 140-9, and Article IV, §§ 140-12 and 140-13, notation to that effect upon the subdivision plat, the subdivision plat shall be deemed to warrant final approval. A reproducible Mylar and eight copies, as provided by the applicant, shall be properly signed by the Chairman of the Planning Board upon receipt of notification that the required performance guaranty and insurance, as may be requested, have had the approval of the Town Attorney and that the performance guaranty has been accepted by the Town Board. The final plat may then be filed by the applicant in the office of the Dutchess County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any street or other land shown as offered for cession to public use and ownership.
F. 
Expiration of approval.
(1) 
The approval of a final plat shall expire 60 days after the signing of the plat by the Chairman of the Planning Board unless filing of the plat is accomplished within that time period in the office of the Dutchess County Clerk in accordance with § 278 of the Town Law.
(2) 
Expiration of an approval shall mean that any further action shall require submission of a new application, payment of a new filing fee and Planning Board review of all previous findings. On and after such expiration of plat approval, any formal offers of cession which may have been submitted by the subdivider shall be deemed to be invalid, void and of no effect.
G. 
Filing in sections. At the time of final plat approval, the Planning Board may permit the plat to be divided into two or more sections subject to any conditions the Board deems necessary to ensure the orderly development of the plat. In accordance with § 276 of the Town Law, the applicant may file a section of the approved plat with the County Clerk, which section shall consist of not less than 10 lots nor less than 10% of the total number of lots shown on the approved plat. In this circumstance, plat approval on the remaining sections of the plat shall continue in effect for a period of three years from the filing date of the first section with the County Clerk. When a plat is filed by section with the County Clerk, the applicant shall, within 30 days, file with the Town Clerk the entire approved preliminary plat. The subdivider shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the Dutchess County Clerk and the required improvements have been installed and approved in such section or a satisfactory performance guaranty covering the cost of such improvements has been posted.
A. 
Upon the posting of a satisfactory performance guaranty or upon certification of the completion or installation of all required improvements to the satisfaction of the Town Board, in accordance with Article IV, § 140-13, of these regulations, and upon Planning Board approval of the final plat, the subdivider or his successor in title may be issued building permits for the construction of buildings in accordance with the approved subdivision plat, the Town's Zoning Law and other applicable laws, rules and regulations.
B. 
In instances where building permits have been authorized upon the posting of a satisfactory performance guaranty, the subdivider or his successor in title may not be subsequently issued certificates of occupancy for any buildings constructed in the subdivision until completion of all required improvements to Town standards and upon certification of such as required in Article IV, § 140-13, of these regulations. A note to this effect shall be specifically included on the final plat submitted for signature and for filing in the office of the Dutchess County Clerk.