Town of Amenia, NY Article III Procedure for Approval of Subdivisions

§ 105-7 Purpose.

The purpose of this article is to establish the procedure for Planning Board review and action on applications for subdivisions and lot line adjustments. 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 proposed 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 applicant shall apply for and secure approval of such proposed subdivision in accordance with the following procedures. An applicant other than the property owner must provide written verification to the Planning Board that the property owner has authorized him or it to act on the property owner's behalf. This written verification shall include the property owner's written consent to the subdivision application.

§ 105-8 Preapplication conference.

At the request of the applicant, an optional preapplication conference for application information may be scheduled with the Town Planning Board Chairperson or a representative of the Planning Board. If sufficiently complex, it may be desirable for the applicant to request placement on the agenda of a Planning Board meeting for an informational conference. The applicant shall not be bound by the determination of the preapplication conference. Preapplication conferences are strongly recommended for all major subdivisions and for any application requiring preparation of a conservation analysis under the Zoning Law.[1]

[1] Editor's Note: See Ch. 121, Zoning.

§ 105-9 Sketch plan.

A. Applicant responsibilities. Before filing an application and before preparing a preliminary plat pursuant to Article IV, the applicant should:

(1) Obtain such forms, applications, policies, procedures, and guidelines as may be prescribed by the Planning Board to implement the provisions of this chapter from the Planning Board's project administrator.

(2) If the application is for a major subdivision, or if a conservation analysis is otherwise required by Chapter 121, Zoning, the applicant shall prepare and submit a conservation analysis conforming with the requirements of § 121-20A of Chapter 121, Zoning. The conservation analysis shall be submitted with a preliminary sketch plan complying with the requirements of Subsection A(3)(a) and (b) below. This preliminary sketch plan need not contain the information required by Subsection A(3)(c) and (d) below, as its sole purpose is to enable the Planning Board to understand the environmental conditions on the site so that it can make its conservation findings as required by § 121-20A. After the conservation findings have been made, the applicant shall submit a full sketch plan that meets the requirements of Subsection A(3)(c) and (d) below.

(3) Appear before the Planning Board to discuss the applicant's intentions and to determine the Board's requirements. The applicant should present:

(a) A vicinity map at a scale of one inch equals 2,000 feet indicating the relationship of the proposed subdivision to existing community facilities which serve it;

(b) A map of the property identifying the features outlined in § 105-20B of this chapter;

(c) A sketch plan showing the proposed conceptual layout of streets, lots, open space system showing conservation easement areas, and other natural and cultural features as specified in Subsection A(3)(b) above as well as the Town Zoning Law,[1] if any; and

[1] Editor's Note: See Ch. 121, Zoning.

(d) A SEQR environmental assessment form (EAF).

(4) Determine the requirements of the Dutchess County Department of Health, if any, and any other local, state and federal agencies.

(5) Pay all fees and escrow deposits as may be required under fee schedules established by the Town Board.

B. Submission of sketch plan. At least 14 days prior to the regular meeting of the Planning Board, the applicant shall submit three copies of a sketch plan of the proposed subdivision to the Town's Zoning Administrator, including the conservation analysis, if required, for purposes of classification and preliminary discussion. Prior to attending the sketch plan meeting, the applicant should become familiar with the Town's Comprehensive Plan, Zoning Law and this chapter in order to have a general understanding of the subdivision process.

C. Classification and designation. The Planning Board shall classify the application as a minor subdivision or major subdivision as part of sketch plan review. The Planning Board may require, 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 plan is classified by the Planning Board as a minor subdivision, the applicant shall then comply with the procedure outlined in this article and Article IV, § 105-15, of this chapter. If it is classified by the Planning Board as a major subdivision, the applicant shall then comply with the procedures outlined in this article and Article IV, §§ 105-16, 105-17 and 105-18. The Planning Board shall, based upon input provided by the applicant, designate the name by which the subdivision shall be known.

D. Study of sketch plan. The Planning Board shall discuss the sketch plan concept with the applicant and determine whether the sketch plan meets the objectives of this chapter. The Planning Board shall also review the conservation analysis, if one is submitted, and make its conservation findings as provided in § 121-20A of Chapter 121, Zoning. Upon completion of sketch plan review, the Planning Board shall make specific recommendations for modification or redesign of the sketch plan 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 applicant shall have the corners of the property, proposed lot corners, and the center line of any proposed roadway marked by temporary stakes. The applicant may be requested to accompany the Planning Board during its site visit. Sketch plan endorsement does not allow the 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. If the Planning Board determines, based upon the conservation analysis of a project proposed as a conventional subdivision, that a conservation subdivision plan must be submitted as provided in § 121-19A(2) of Chapter 121, Zoning, the applicant shall be directed to submit such plan for another sketch plan review. If the Planning Board requires submission of an alternate conservation subdivision sketch plan, the Planning Board shall not make its conservation findings as provided in § 121-20A of Chapter 121, Zoning, until it has completed its review of the alternate conservation subdivision sketch plan.

E. Election to bypass sketch plan review. An applicant may bypass sketch plan review and proceed directly with an application for a minor subdivision plat approval. However, such application will be reviewed as both a sketch plan and a plat application and must comply with the substantive requirements of this § 105-9 as well as all procedural and substantive requirements of §§ 105-11, 105-12, 105-15, 105-16 or 150-17, as appropriate. If, upon reviewing the proposed preliminary plat, the Planning Board determines in its sole discretion that a conservation analysis is required pursuant to § 121-19A(2) of Chapter 121, Zoning, then the applicant may not bypass sketch plan review, and the conservation analysis and conservation findings shall be conducted as part of sketch plan review.

F. To the extent that the requirements of this § 105-9 may be inconsistent with Town Law § 276, the Town Board hereby declares its intention to supersede § 276 pursuant to § 10 of the Municipal Home Rule Law.

§ 105-10 State Environmental Quality Review classification.

The Planning Board shall initiate the New York State Environmental Quality Review Act (SEQR) process, as defined in Article 8 of the Environmental Conservation Law and Part 617 of the New York Codes, Rules and Regulations, upon completion of the sketch plan stage of the application process. The Planning Board shall review the short or full environmental assessment form, or, as applicable, the draft environmental impact statement submitted by the applicant with the plat application materials, and shall make a preliminary determination as to the type of action that is being proposed (Type I, Type II or unlisted action, as defined by SEQR). Once the Planning Board has made a SEQR classification and a determination of significance, the applicant shall be informed by the Board as to whether the application will be subject to additional environmental review as specified in the SEQR regulations, including, without limitation, scoping and preparation of an environmental impact statement. All requirements of SEQR shall be completed prior to any action on the preliminary or final plat by the Planning Board.

§ 105-11 Approval of minor subdivision plat.

A. Application and fee. Within six months of the classification by the Planning Board of the sketch plan of a proposed subdivision as a minor subdivision, the applicant should submit an application for approval of a minor subdivision plat. The minor subdivision plat shall conform to the layout shown on the sketch plan, if any, plus any recommendations made by the Planning Board at the time of sketch plan endorsement, and shall also be consistent with the intent of this chapter, as set forth in Article I. The final plat application shall also conform to the requirements for minor subdivisions listed in Article IV, § 105-15, of this chapter. Any application for approval of a minor subdivision plat shall be accompanied by the applicable nonrefundable fees in accordance with the subdivision fee schedule. A copy of said fee schedule shall be available from the Planning Board. (Refer to Article X for a more detailed description of the fee schedule.)

B. Number of copies. The application for approval of a minor subdivision plat shall be filed in compliance with the administrative policies and procedures adopted by the Planning Board and shall also include all information and materials required by Articles IV and V and Appendix B and Appendix C of this chapter. The application shall be introduced and considered officially received by the Planning Board for purposes of this chapter at the first regular meeting that such application is eligible for consideration consistent with the submission deadlines contained in the administrative policies and procedures adopted by the Planning Board.

C. Attendance at Planning Board meeting. The applicant shall attend the meeting of the Planning Board to discuss the minor subdivision plat.

D. Approval procedure. The approval procedure for a proposed minor subdivision plat consists of the procedures set forth in this chapter and as specifically prescribed in Appendix B of this chapter.

§ 105-12 Approval of preliminary plat for major subdivisions.

A. Application and fees. Prior to the filing of an application for the approval of a final plat for a major subdivision, and within six months of the classification by the Planning Board of the sketch plan of a proposed subdivision as a major subdivision, the applicant should file an application for consideration of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall include all the data specified by Article IV, § 105-17. The preliminary plat shall, in all respects, comply with the requirements of §§ 276 and 277 of New York State Town Law and this chapter, except where a waiver of any requirement may be specifically requested in writing by the applicant and authorized by the Planning Board. Payment of a nonrefundable application fee shall accompany each application for approval of a preliminary plat for a major subdivision. The application fee shall be in accordance with the subdivision fee schedule. (Refer to Article X, Fee Schedule.)

B. Overview. 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.

(1) The preliminary plat and supporting documents shall show the layout of all the land to be subdivided (whether or not the subdivision will be completed in phases) and the required improvements, both public and private, so that the Planning Board can indicate approval or disapproval of the proposed subdivision, including final engineering design and detailing of the required improvement and utilities, prior to the final plat phase of the application process.

(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.

(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 shall be filed in compliance with the administrative policies and procedures adopted by the Planning Board and shall also include all information and materials required by Articles IV and V and Appendix B and Appendix C of this chapter. The application shall be introduced and considered officially received by the Planning Board for purposes of this chapter at the first regular meeting that such application is eligible for consideration consistent with the submission deadlines contained in the administrative policies and procedures adopted by the Planning Board. However, a proposed submission which does not include all the required drawings and documents for a preliminary plat as specified by this chapter shall not be eligible to be officially received until all missing drawings and documents have been properly submitted by the applicant.

D. Attendance at Planning Board meeting. The applicant shall attend the regular or special 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, the best use of the land being subdivided, environmental constraints, and the policies set forth in § 105-2 of this chapter. Particular attention shall be given to the proposed arrangement, location and width of roads; the relationship of proposed roads to the topography of the land; location of prospective homesites; water supply; sewage disposal; drainage; proposed lot sizes and configuration; preservation of open space and natural resources; the future development of lands as yet unsubdivided; the requirements, policies and objectives of the Comprehensive Plan and Zoning Law[1] of the Town of Amenia; and matters described in § 277 of the New York State Town Law.

[1] Editor's Note: See Ch. 121, Zoning.

F. Consultant review. In its review of a preliminary plat for a major subdivision, the Planning Board may consult with the Town Zoning Administrator, Town Superintendent of Highways, local fire departments, Conservation Advisory Council, and the Board's planning, engineering, environmental and legal consultants, in addition to representatives from Town, county and/or state agencies. Reimbursable costs incurred by the Planning Board for consultation fees, particularly for planning and engineering consultants, shall be charged to the applicant. Such reimbursable costs shall be paid by the applicant and deposited into an escrow account to be established prior to processing of the application and shall be in addition to the required application and recreation fees. Maximum amounts for such reimbursable costs, by project type and size, shall be in accordance with the fee schedule. (Refer to Article X, Fee Schedule.)

G. SEQR determination. Before an application for preliminary plat approval is deemed complete, the Planning Board shall make a determination of significance under SEQR. If the Planning Board finds that the proposed subdivision may have a significant effect on the environment, it shall issue a positive declaration and direct the applicant to prepare a draft environmental impact statement pursuant to the procedures established under SEQR. The preliminary plat application shall not be deemed complete until either a negative declaration has been issued by the Planning Board (or by the lead agency if the Planning Board is not acting as lead agency) or a final environmental impact statement has been completed and a findings statement issued by the Planning Board (or by the lead agency if the Planning Board is not acting as lead agency). Additional consultant fees may be required for the review of SEQR documentation, as allowed by the SEQR regulations at 6 NYCRR 617.

H. Approval procedure. The procedure for approval of a preliminary plat for a major subdivision shall consist of the procedures set forth in this chapter and as specifically described in Appendix B of this chapter.

I. Expiration of approval. The Planning Board may revoke approval of a preliminary plat six months after the date of mailing of the resolution in accordance with Subsection H herein. No Planning Board action will be taken after such revocation until a new application and filing fee are submitted. A total of three six-month extensions of time may be given upon petition to the Planning Board prior to revocation. An extension shall be granted only if the proposed subdivision fully conforms to the Zoning Law and regulations in effect at the time such extension is applied for and only if the applicant demonstrates due diligence to the Planning Board. A preliminary plat approval may not be extended beyond two years from the date of such approval. A preliminary plat approval shall automatically terminate and be revoked without need for affirmative Planning Board action upon the earlier of the following:

[Amended 11-17-2011 by L.L. No. 4-2011]

(1) Expiration of the original approval and any subsequent extensions without Planning Board receipt of a timely petition for an additional extension; or

(2) Expiration of the two-year period following preliminary plat approval.

§ 105-13 Approval of final plat for major subdivisions.

A. Application and fee.

(1) Following approval, with or without modifications, of the preliminary plat, the applicant shall prepare a final plat, together with all other supplementary documents, in accordance with § 105-18 and Appendix B and Appendix C of this chapter, which final plat shall specifically address each of the conditions of the preliminary plat approval.

(2) The final plat and other supplementary documents shall be filed with the Planning Board within six months 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 as provided in § 105-12I. If a plat is not submitted for final plat approval within six months of preliminary approval, or within any extensions of time as provided by § 105-12I, the preliminary plat shall automatically terminate and be revoked without need for affirmative Planning Board action.

[Amended 11-17-2011 by L.L. No. 4-2011]

(3) The application for final plat shall:

(a) Be made on forms provided by the Planning Board.

(b) Include the entire subdivision, or section(s) of the subdivision, which derives access from a road improved to Town specification, a rural lane, or for which a bond covering such improvements is held by the Town of Amenia.

(c) Be accompanied by four copies of the final plat and supplementary materials, as described in § 105-18 of this chapter. The final plat shall be properly endorsed by the Dutchess County Department of Health, when applicable and in compliance with § 105-23A and Appendix C, Subsection IV(4), as satisfying the standards of the State or County Sanitary Code.

(d) Comply in all respects with the preliminary plat, with any modifications, improvements and reservations required by the Planning Board in its approval of the preliminary plat.

(e) Have plans for the proposed roads and driveway cuts approved by the Town Superintendent of Highways and Town Engineer prior to final plat approval. In addition, if the proposed roadway will intersect or connect with any state, county or adjacent municipality's roadway, plans must have the approval of the appropriate governmental highway department.

(f) Comply with the improvement requirements of Article V of this chapter.

B. Overview. The final plat and the supporting documents for a proposed subdivision constitute the complete plans for development of the subdivision proposal. After the required public hearing and approval by the Planning Board, this complete submission along with the applicable performance guaranty and the general liability insurance policy becomes the basis for the development of the subdivision, the installation of required improvements and the applicable inspection services by the Planning Board, the Town Engineer or other delegated Town officials.

C. Approval procedure. The procedure for approval of a final plat for a major subdivision shall consist of the procedures set forth in this chapter and as specifically described in Appendix B of this chapter.

D. Final signature and filing. Upon Planning Board approval of the proposed final plat, and satisfaction of all requirements found in Appendix B, Appendix C, and Articles IV and VI of this chapter, a notation to that effect shall be placed upon the subdivision plat. A reproducible Mylar and four copies, as provided by the applicant, shall be properly signed by the Chairperson 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 road, or other land, shown as offered for cession to public use and ownership.

E. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made on any final plat after approval has been given by the Planning Board and signed by the Planning Board Chairperson. In the event that any final plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Planning Board shall institute proceedings to have said plat stricken from the records of the County Clerk and Town Clerk.

F. Expiration of approval.

(1) The approval of a final plat shall expire 62 days after the signing of the plat by the Chairperson 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 §§ 276 and 278 of the New York State Town Law.

(2) Expiration of an approval shall mean that any further action shall require submission of a new application, payment of a new application 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 applicant shall be deemed to be invalid, void and of no effect.

(3) Conditional approval. 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 the time in which a conditionally approved plat must be submitted for signature by periods of 90 days each if the Planning Board determines, in its sole discretion, that such extension is warranted by the particular circumstances. Conditional approval of the final plat shall automatically terminate and be revoked without need for affirmative Planning Board action if all requirements of the conditional final approval have not been certified as completed within 180 days of the original approval, plus any subsequent extensions, without Planning Board receipt of a timely petition for an additional extension of the conditional approval.

[Amended 11-17-2011 by L.L. No. 4-2011]

G. Filing in sections. At the time of the final plat approval, the Planning Board may permit the plat to be divided into two or more sections subject to any conditions the Planning Board deems necessary to ensure the orderly development of the final plat. In accordance with § 276 of New York State Town Law, the applicant may file a section of the approved plat in the office of the Dutchess County Clerk, which section shall consist of not less than 10% of the total number of lots shown on the approved plat. In this circumstance, final 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 Dutchess County Clerk. When a plat is filed by section in the office of the Dutchess County Clerk, the applicant shall, within 30 days, file with the Town Clerk the entire approved preliminary plat. The applicant 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.

H. Public acceptance of streets and parks. The approval by the Planning Board of a final plat shall not be deemed to constitute or imply the acceptance by the Town Board of any road, park, playground or other open space shown on said plat. The Planning Board may require said final plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area.

I. Consultant review. In its review of a final plat for a major subdivision, the Planning Board may consult with the Town Zoning Administrator, Town Superintendent of Highways, local fire departments, Conservation Advisory Council, the Board's planning, engineering, environmental and legal consultants, in addition to representatives from Town, county and/or state agencies. Reimbursable costs incurred by the Planning Board for consultation fees shall be charged to the applicant. Such reimbursable costs shall be paid in advance by the applicant and deposited into an escrow account to be established prior to processing of the application and shall be in addition to any required application and recreation fees.