Town of North East, NY Application and Approval Procedure

Prior to filing a formal application for approval of a subdivision plat pursuant to § 150-10 or 150-11, the applicant shall:

[Amended 8-14-1980 by L.L. No. 4-1980; 3-12-1987 by L.L. No. 1-1987]

(a)

Determine the requirements of the Town of North East Planning Board, the Dutchess County Planning Department,[1] the Dutchess County Health Department and the New York State Department of Public Works,[2] whose approval is required by these regulations, the Sanitary Code of Dutchess County and the General Municipal Law of the State of New York.

NOTE: Where development is along a roadway shown on the County Official Map, as it may be adopted.

[2]

NOTE: Where development is along a county or state road.

(b)

Submit to the Town Planning Board three copies each of a sketch plan submission form, vicinity map, sketch plan and general information, as specified in § 150-24 of these regulations and a subdivision plat pursuant to § 150-10 or § 150-11. A filing fee as specified by the Town subdivision fee schedule shall accompany the submission.

[Amended 3-12-1987 by L.L. No. 1-1987]

If the subdivision consists of three lots or less and does not propose the creation of any new streets, it may be processed as a minor subdivision. In order to determine whether the subdivision is to be processed as a minor subdivision, the subdivider shall submit to the Planning Board sufficient information so that a determination may be made as to whether the proposed subdivision meets the requirements of Article IV, General Requirements and Design Standards. If these requirements are met, the subdivider shall then make application for subdivision approval according to § 150-10. All subdivisions of more than three lots and/or those which propose one or more new streets shall be processed according to §§ 150-11 and 150-12.

Review of sketch plan. The Planning Board shall review the applicant's sketch plan and within 30 days of the submission date shall inform the applicant, in writing, that the proposed subdivision as submitted, or as modified, will meet the objectives of these regulations. In the event the sketch plan is found totally unacceptable, the applicant will be asked to submit a new plan before proceeding with a preliminary plat. Reasons for recommended modifications of the sketch plan or total rejection shall be stated on the records of the Planning Board.

§ 150-10 Minor subdivisions.

Application. Within six months after classification of a proposal as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a minor subdivision plat. Said application shall contain the requirements listed in § 150-26 of these regulations and shall conform to the general requirements and design standards specified in Article IV of these regulations. Fees as specified by the Town subdivision fee schedule for each minor subdivision shall accompany the application.

[Amended 3-12-1987 by L.L. No. 1-1987]

Number of copies. The original and three copies of the subdivision plat shall be presented to the Planning Board at least two weeks prior to a scheduled monthly meeting of the Planning Board.

[Amended 9-12-1974]

Public hearing. A public hearing shall be held by the Planning Board within 45 days from the time of submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing.

[Amended 9-12-1974]

Action on subdivision plat.

[Amended 9-12-1974]

The Planning Board shall, within 45 days from the date of the public hearing, act to conditionally approve, conditionally approve with modification, disapprove or grant final approval and authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat.

Upon granting conditional approval, with or without modification to the plat, the Planning Board shall empower a duly authorized officer 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 certified by the Chairman or Secretary of the Planning Board as conditionally approved, a copy filed in its office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Upon completion of such requirements, the plat shall be signed by the duly designated officer of the Planning Board. 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. 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 in the circumstances, for not to exceed two additional periods of 90 days each.

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

Filing of approved plat. Approval of the plat shall expire within 60 days from the date of such approval unless within such sixty-day period such plat shall have been duly recorded by the owner in the office of the Dutchess County Clerk. If the plat is not filed within this period, the approval shall expire as provided in § 276 of the Town Law.

[Amended 9-12-1974]

§ 150-11 Preliminary plat.

Application procedure. Prior to filing an application for the approval of a plat, the applicant shall file an application for the approval of a preliminary plat. The application shall:

Be made on forms available at the office of the Town Clerk.

Include all land which the applicant proposes to subdivide.

(3)

Be accompanied by three copies of the preliminary plat and supplementary material described in Article V, § 150-25, of these regulations.

(4)

Comply in all respects with the requirements specified in Article IV of these regulations and with the provisions of §§ 276 and 277 of the Town Law.

(5)

Be submitted to the Chairman of the Planning Board.

(6)

Be accompanied by fees as specified by the Town subdivision fee schedule.

[Amended 3-12-1987 by L.L. No. 1-1987]

Study of preliminary plat. The Planning Board will carefully study the practicability of the preliminary plat, taking into consideration the requirements of the community, the best use of the land being subdivided and the policy set forth in § 150-3. Particular attention will be given to the proposed arrangement, location and width of streets; the relation of proposed streets to the topography of the land; sewage disposal; drainage; proposed lot sizes, shape and layout; future development of adjoining lands as yet unsubdivided; the requirements of the Town Plan[1] and the Official Map[2]; and matters enumerated in § 277 of the Town Law.

NOTE: As it may be adopted.

[2]

NOTE: As it may be adopted.

Applicant to attend Planning Board meeting. The applicant should be prepared to attend a regular meeting of the Planning Board to discuss the preliminary plat and the Board's tentative conclusions.

Approval of the preliminary plat.

[Amended 9-12-1974]

Within 45 days after the receipt of such preliminary plat by the Secretary of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat.

Within 45 days after the date of such hearing, the Planning Board shall approve, with or without modification, or disapprove such preliminary plat; and the ground of a modification, if any, or the ground for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing modifications, if any, as it deems necessary for submission of the plat in final form.

(3)

Within five days of the approval of such preliminary plat it shall be certified by the Chairman or Secretary of the Planning Board as granted preliminary approval, a copy filed in its office, a certified copy mailed to the owner and a copy forwarded to the Town Board. Failure of the Planning Board to act within such forty-five-day period shall constitute approval of the preliminary plat.

(4)

When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to the modifications to the preliminary plat; the character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals and general welfare; and the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat. Approval of a preliminary plat shall not constitute approval of the subdivison plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the subdivision 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.

(5)

Approval of the preliminary plat may not be revoked by the Planning Board unless a substantial change in the character of the area or the availability of new information about the site and its surroundings indicate the unsuitability of the development, as shown on the preliminary plat. Before revocation the applicant shall be informed, in writing, of the reasons therefor and shall be given an opportunity to be heard before the Planning Board.

(6)

Approval of a preliminary plat shall expire six months from the date of approval. Extensions for periods of six months may be granted by the Planning Board upon application. Such applications for extensions may be granted unless changed conditions or new information indicate the unsuitability of the development as shown on the preliminary plat.

§ 150-12 Final plat.

Application procedure. Within six months after tentative approval of the preliminary plat is granted, the applicant shall file with the Planning Board an application for approval of a plat. The application shall:

Be made on forms provided by the Planning Board at the time tentative approval of the preliminary plat was granted.

Include the entire subdivision or a section thereof which derives access from a street improved to Town standards or for which street a bond covering such improvement is held by the Town.

(3)

Be accompanied by three copies of the plat, as described in Article V, § 150-26, of these regulations.

(4)

Comply in all respects with the preliminary layout as tentatively approved.

(5)

Comply with the improvement requirements of Article VI of these regulations.

(6)

Be presented to the Secretary of the Planning Board at least two weeks prior to a regular meeting of the Board.

[Amended 9-12-1974]

Public hearing. Within 45 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 150-11 of this article, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.

[Amended 9-12-1974]

Action on proposed subdivision plat.

[Amended 9-12-1974]

The Planning Board shall, by resolution, conditionally approve, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 45 days of its receipt by the Secretary of the Planning Board, if no hearing is held, or in the event a hearing is held, within 45 days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat.

Upon resolution of conditional approval of such final plat the Planning Board shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution the plat shall be certified by the Chairman or Secretary of the Planning Board as conditionally approved, a copy filed in his office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include 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 said duly authorized officer of the Planning Board. Conditional approval of a final 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. 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 in the circumstances, for not to exceed two additional periods of 90 days each.

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

[Amended 9-12-1974]

Division of plat into two or more sections. The Planning Board may permit the plat to be divided into two or more sections, subject to such conditions as it deems necessary to assure orderly development of the subdivision. Approval of the sections shall be granted concurrently with the approval of the plat. The approved plat, or any approved section thereof, shall be recorded within 60 days of approval, subject to any conditions imposed, and shall encompass at least 10% of the total number of lots shown on the plat. Approval of any other sections not recorded shall expire unless recorded before the expiration of the period to which such plat is entitled under the provisions of § 265-a of the Town Law. In the event the applicant does not record all approved sections, the entire plat shall be filed with the Town Clerk within 30 days from the recording of the plat or any approved section thereof, and the applicant shall file with the Planning Board a photostatic copy of the plat certified by the County Clerk to be a true copy of the recorded plat.

Public acceptance of proposed streets and park areas. The approval by the Planning Board of a plat shall not be deemed to constitute or imply the acceptance by the Town of any street, park, playground or other open space shown on said plat. The Planning Board may require said 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.

As-built drawings of required improvements. Drawings showing the location of all required improvements as built shall be certified by a licensed land surveyor and filed with the Planning Board at least 30 days prior to the acceptance of the improvements by the Town.

§ 150-13 Waiver of requirements.

Where compliance with these regulations would cause unusual hardship, extraordinary difficulties or be inappropriate because of exceptional and unique conditions, the minimum requirement of these regulations may be waived or modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of these regulations, the Official Map,[1] the Zoning Ordinance and the Town Plan.[2]

NOTE: As it may be adopted by the county or Town.

[2]

NOTE: As it may be adopted by the county or Town.

§ 150-14 Issuance of building permits.

A building permit for erection of a structure in a development laid out subsequent to the adoption of these regulations shall not be issued unless the street giving access to the proposed building appears on a recorded plat approved by the Planning Board and unless such street has been suitably improved or bonded to cover the full cost of improvement.

§ 150-15 Improvements in streets.

No public municipal street utility or improvement shall be constructed by the Town in any street or highway until it has become a public street or highway and is duly placed on the Official Map.[1] However, subject to the discretion of the Town Board, a subsurface utility or improvement operated from revenue by the Town or by a special district may be constructed by the Town in a private street, provided that a public easement satisfactory to the Town Board is obtained for such utility or improvement.