Whenever any subdivision of land is proposed,
before any offer or contract is made to sell any part or the entire
subdivision and before any permit for the erection of a structure
in a subdivision shall be granted, the subdivider shall apply, in
writing, for approval of the proposed subdivision in accordance with
the following procedure.
Before the subdivision of land, the owner or his representative who is authorized, in writing, by the owner shall meet with the Planning Board or its representative to express general intent to subdivide and to determine sketch plan requirements. The subdivider may request the Planning Board to accept the subdivision for consideration as a minor subdivision, as defined herein, and, if so accepted, the subdivider may make a final subdivision plat submission under § 131-8 without the need to submit a sketch plan and preliminary plan. The Planning Board shall accept the subdivision as a minor subdivision when the Board determines that sufficient information will be provided under final subdivision plat submission procedures to make a reasonable decision on the application.
A.
Submission of sketch plat. The subdivider shall submit
10 copies of the sketch plat map, application and data for the proposed
subdivision, together with the application fee to the Secretary to
the Planning Board, at least 10 working days before a regular meeting
of the Board. The fee shall be established by resolution of the Town
Board which shall be filed in the office of the Town Clerk.
[Amended 9-14-1988 by L.L. No. 1-1988]
C.
Sketch plat study, modification and approval. The subdivider shall meet with the Planning Board to discuss the sketch plat, including the characteristics of the site, existing development and facilities, as well as proposals for future development. Primary consideration shall be given to the intent of these regulations expressed in § 131-2 of these regulations and in the Town Plan.
D.
The Planning Board shall determine whether the sketch
plat meets the purposes of these regulations and shall specify any
modifications which are required or suggested. Notification of Board
action shall be made within 20 days after the regular Board meeting
occurring at least 10 days following submission. Required modifications
shall be incorporated in the preliminary plat.
A.
Application and fee.
(1)
Prior to the consideration of a subdivision plat,
a subdivider may, within six months of sketch plan review, apply for
preliminary plat approval on forms available at the office of the
Secretary to the Planning Board.
(2)
The application shall be submitted to the Secretary
to the Planning Board at least 10 working days prior to a regular
meeting of the Board and accompanied by the original and 10 copies
of the preliminary plat, together with the application fee. The fee
shall be established by resolution of the Town Board which shall be
filed in the Office of the Town Clerk. The preliminary plat shall
comply in all respects with the required conditions established by
the Board in approving the sketch plat as well as the requirements
of this section.
[Amended 11-26-1986; 9-14-1988 by L.L. No. 1-1988]
B.
Required information for preliminary plat. The plat shall be clearly marked "Preliminary Plat" and shall show the information outlined under Article III.
C.
Preliminary plat review.
(1)
The subdivider shall meet with the Planning Board
to review the preliminary plat in terms of the expressed purposes
and requirements of these regulations, the Town Plan and Official
Map, as well as zoning regulations.
(2)
Proposed roads shall be staked along their center
line every 100 feet, or more frequently if required by the Planning
Board or Town Engineer, and at each point of beginning and ending
of each curve, in order to permit the Board and Town Engineer to observe
grades, type of terrain traversed, lot access and other factors on
the site. Each stake shall be identified by station marking to conform
to the subdivision plat and shall be so placed as to extend 30 inches
above the ground surface.
D.
Preliminary plat notice and hearing. Within 45 days
after the receipt of a complete preliminary plat by the Secretary
to the Planning Board, together with the public hearing fee, as set
by resolution of the Town Board, which shall be filed in the office
of the Town Clerk, the Planning Board shall hold a public hearing,
which hearing shall be advertised at least once in the official newspaper
of the Town at least five days before such hearing.
[Amended 9-14-1988 by L.L. No. 1-1988]
E.
Action by Planning Board. Within 45 days after the
date of such hearing, the Planning Board shall approve with or without
modification or disapprove such preliminary plat; the grounds of a
modification, if any, or the grounds for disapproval shall be stated
upon the records of the Planning Board. Notwithstanding the foregoing
provisions, the time in which the Planning Board must take action
on such plat may be extended by mutual consent of the owner 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. Within five days
of the approval of such preliminary plat, it shall be certified by
the Secretary to the Planning Board as granted preliminary approval,
and a copy shall be filed in the Planning Board's office, and a copy
shall be mailed to the owner. Within six months of the approval of
the preliminary plat, the owner must submit the plat in final form.
If such plat is not so submitted, approval of the preliminary plat
may be revoked by the Planning Board.
F.
Effect of inaction. In the event that the Planning
Board fails to take action on a preliminary plat within the time prescribed
therefor, such plat shall be deemed granted preliminary approval.
The certificate of the Clerk of the Town as to the date of submission
and the failure to take action within such prescribed time shall be
issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval herein required.
G.
The Chairman and Secretary of the Planning Board shall,
at the direction of the Planning Board, date and sign the original
tracing and one print of the preliminary plat, with all modifications
noted. The print shall be retained by the Planning Board. The original
shall be returned to the subdivider, who shall deliver four prints
of the signed original to the Board.
H.
The approval of the preliminary plat shall not constitute
approval of the subdivision nor create any legal rights to the owner.
It shall only constitute an expression of general approval of the
design submitted and serve as a guide in the preparation of the final
subdivision plat. Prior to final approval of the plat, the Planning
Board may require additional changes as a result of further study
of the subdivision in its final form.
I.
Notwithstanding the foregoing, no approvals for any preliminary subdivision plat requiring the establishment of any open development area pursuant to New York Town Law § 280-a(4) shall be issued by the Planning Board from the effective date of this Subsection I until June 30, 2011.
[Added 12-8-2010 by L.L. No. 7-2010]
A.
The original and 10 copies of the subdivision plat
shall be delivered to the Secretary to the Planning Board with 10
copies of the application and the application fee in cash, bank check
or certified check at least 10 working days prior to a regular meeting
of the Board. The fee shall be established by resolution of the Town
Board which shall be filed in the office of the Town Clerk.
[Amended 9-14-1988 by L.L. No. 1-1988]
B.
Date of submission. The final subdivision plat shall
be submitted within six months after preliminary plat approval, unless
either the subdivision is completed in stages or an extension of the
preliminary plat approval is granted by the Board before the expiration
of the six-month period. Such extension may be granted only if the
proposed subdivision meets all zoning requirements in effect on the
date of the extension.
C.
Endorsements of state and county agencies. Streets
and water and sewer facility proposals within the subdivision shall
be submitted for approval and endorsement to the Putnam County Health
Department. Such endorsements of the subdivision plat shall then be
entered on the plat.
E.
Notice and hearing on final plat. Within 45 days of the submission of a plat in final form for approval by the Planning Board, together with the public hearing fee, as set by resolution of the Town Board, which shall be filed in the office of the Town Clerk, a hearing shall be held by the Planning Board, which hearing shall be advertised at least once in the official newspaper of the Town at least five days before each such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved in accordance with § 131-7 of these regulations 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 9-14-1988 by L.L. No. 1-1988]
F.
Action by Planning Board. 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
to the Planning Board if no such hearing is held or, in the event
such hearing is held, within 45 days after the date of such hearing.
Notwithstanding the foregoing provisions, the time in which the Planning
Board must take action on such plat may be extended by mutual consent
of the owner and the Planning Board.
G.
Effect of inaction. In the event that the Planning
Board fails to take action on a final plat within the time prescribed
therefor, the plat shall be deemed approved, and a certificate of
the Clerk of the Town as to the date of submission and the failure
to take action within such prescribed time shall be issued on demand
and shall be sufficient in lieu of written endorsement or other evidence
of approval herein required.
H.
Conditional approval.
(1)
Upon resolution of conditional approval of such final
plat, the Planning Board shall empower the Chairman and Secretary
of the Planning Board 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 to
the Planning Board as conditionally approved, and a copy shall be
filed in the Planning Board office, and a copy shall be mailed to
the owner, 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 said Chairman and Secretary of the Planning Board. 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 completed.
(2)
Notwithstanding the foregoing provisions, the Planning
Board may extend the time in which the conditionally approved plat
in final form must be submitted for signature if, in its opinion,
such extension is warranted by the particular circumstances thereof,
but not to exceed two additional periods of 90 days each.
I.
Approval of sections. Prior to granting conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be subdivided into two or more sections each encompassing
at least 10% of the total number of lots contained in the approved
plat, 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 Chairman and Secretary of the Planning Board. Conditional or
final approval of the sections of a final plat, subject to any conditions
imposed by the Board, shall be granted concurrently with conditional
or final approval of the plat.
J.
Time for filing approved plat.
(1)
The signature of the Chairman and Secretary of the
Planning Board constituting final approval by the Planning Board of
a plat showing lots, blocks or sites, with or without streets or highways,
or the certificate of the Clerk of the Town as to the date of the
submission of the final plat and the failure of the Planning Board
to take action thereon within the time prescribed shall expire within
90 days from the date of such approval or from the date such certificate
is issued, unless within such ninety-day period such plat or a section
thereof shall have been duly filed or recorded by the owner in the
office of the County Clerk. The entire approved plat shall be filed
within 30 days of the filing of such section with the Town Clerk in
each Town in which any portion of the land described in the plat is
situated.
(2)
The approval of the remaining sections of the approved
plat shall expire unless said sections are filed with the Town of
Carmel before the expiration of the exemption period to which such
plat is entitled under the provisions of this article.
K.
Signing and filing of plat.
(1)
The original tracing and five copies of the plat shall
be signed by the Chairman and the Secretary of the Board under the
following endorsement:
|
Approved by Resolution of the Planning Board
of the Town of Carmel, New York, on the __________ day of __________
20 ____, subject to all requirements and conditions of said resolution.
Any change, erasure, modification or revision of this plat, as approved,
shall void this approval. Signed this __________ day of __________
20 ____, by __________ Chairman.
| |
|
Secretary
|
(2)
The print shall be retained by the Board, and the original tracing returned to the subdivider. The subdivider shall then file the plat with the County Clerk within the time period provided for in Subsection J of this section.
(3)
The subdivider shall then enter the county file number
and date of filing on a tracing-cloth print of the plat, which shall
be delivered to the Board with five copies.
L.
Notwithstanding the foregoing, no approval for any final subdivision plat requiring the establishment of any open development area pursuant to New York Town Law § 280-a(4) shall be issued by the Planning Board from the effective date of this Subsection L until June 30, 2011.
[Added 12-8-2010 by L.L. No. 7-2010]
For a resubdivision, the same procedure, rules
and regulations apply as for a subdivision.
