[Adopted 10-6-1988 by Res. No. 101-88]
A. 
Under the Town Law, the Philipstown Planning Board has certain duties and responsibilities, such as to prepare and adopt the Master Plan, approve plats and make reports and recommendations to the Town Board as requested. In this regard:
(1) 
Procedures for preparation and adoption of the Master Plan are set forth in the Town Law (§ 272-a).
(2) 
The Town Board has authorized the Planning Board to approve existing and proposed plats, and procedures for approval of plats are set forth in the Town Law (§§ 276, 277 and 278) and in the Town of Philipstown Land Subdivision Regulations.[1]
[1]
Editor's Note: See Ch. 112, Land Development, Part 1.
(3) 
The Town Board has assigned to the Planning Board additional responsibilities, including:
(a) 
Approval of site plans and temporary special permits under the Zoning Law[2] and § 274-a of the Town Law.
[2]
Editor's Note: See Ch. 175, Zoning.
(b) 
Approval of open development area private rights-of-way in particular cases under § 280-a, Subdivision 4, of the Town Law.
(c) 
Approval of access for issuance of building permits on unaccepted streets in filed plats under § 280-a, Subdivision 2, of the Town Law.
(d) 
[3] Review and report to the Town Board on pending amendments to the Zoning Law.
[3]
Editor's Note: Former Subsection A(3)(d), regarding special use applications pending before the Zoning Board of Appeals, was repealed 9-25-2013 by L.L. No. 1-2013, which local law also redesignated former Subsection A(3)(e) as Subsection A(3)(d).
B. 
It is the duty of the Planning Board to carry out its responsibilities in accordance with the Town Law, the Land Subdivision Regulations, Zoning Law, Open Development Area General Regulations and Policy Concerning Issuance of Building Permits on Unaccepted Streets as well as the State Environmental Quality Review Act, the Freedom of Information Law and §§ 239-k[4] through 239-n of the General Municipal Law. To that end, the following General Administrative Policies are adopted in support of procedures and requirements otherwise written and in effect.
[4]
Editor's Note: General Municipal Law § 239-k was repealed by L. 1997, c. 451, § 2, effective 7-1-1998. See now General Municipal Law § 239-f.
The office of the Planning Board is located in the Philipstown Town Hall, 238 Main Street, Cold Spring, New York. All original applications, maps, plans and documents, and correspondence of the Board, shall be on file in the office of the Planning Board (currently the office of the Building Inspector). Copies of the above will be distributed to Planning Board members, may be distributed to its advisors and will be made available to others in accordance with applicable law.
All submissions to the Planning Board by applicants and referrals by town agencies shall be made at the office of the Planning Board. Unless otherwise determined by the Planning Board in particular cases, submissions by applicants shall include the following, as applicable:
A. 
An original and 12 copies of any application and environmental assessment form (short form or long form).
B. 
Twelve copies of all maps and plans in connection with a subdivision plat, open development area access or a permit request on an unaccepted street.
C. 
Twelve copies of all statements of use, site plans and architectural plans under Articles VIII and IX of Chapter 175, Zoning.
D. 
All applications, submissions, subsequent submissions or referrals must be received at least 14 days before the next scheduled meeting to be considered at said meeting. The Board may, by resolution, agree to accept an application, submission, subsequent submission or referral presented less than 14 days prior to such meeting. All applications shall include a submission checklist appropriate to the application. Such checklist shall be available to all prospective applicants in the office of the Planning Board in the Philipstown Town Hall. Such checklists may be adopted or amended by resolution of the Planning Board.
[Added 12-17-1991; approved 2-6-1992]
[Added 5-6-2010 by Res. No. 101-10]
The following policy and procedure shall apply to all applications for land use approvals submitted to the Planning Board of the Town of Philipstown:
A. 
The Planning Board may deem any land use approval application upon which there has been no activity for a period of at least one year to have been abandoned and discontinued by the applicant;
B. 
The Planning Board shall not adopt a resolution deeming an application abandoned unless the Planning Board has first given written notice to the application that, unless the applicant resumes active pursuit of the application within 30 days, the Planning Board will deem the application abandoned and will discontinue review of it, and following such notice the applicant fails to resume active pursuit of the application;
C. 
Upon adoption by the Planning Board of a resolution deeming a land use approval application to have been abandoned, any surplus funds held in escrow for payment of consultants' review fees will be refunded to the applicant; and
D. 
Following adoption of a resolution deeming an application abandoned, a new application and payment of all application fees required by the Town Code shall be required before the Planning Board will consider any subsequent application for land use approvals for the subject property.
A. 
The Building Inspector/Zoning Administrative Officer is to receive all submissions at the office of the Planning Board and:
(1) 
To date and file the original of the same;
(2) 
Promptly to notify the Chairman of the Planning Board of any submission and to provide all members of the Planning Board with a copy thereof;
(3) 
To make copies available to the public, in accordance with applicable law; and
(4) 
To provide a copy to the Planning Consultant and other advisors to the Board as may be the practice of the Board.
B. 
The Building Inspector/Zoning Administrative Officer is authorized to request additional copies of maps and plans from applicants as may be needed for review by Planning Board members, town officials and agencies and agencies of the County of Putnam and State of New York.
The Planning Board shall designate a Secretary, who shall serve at the pleasure of the Board and who has the responsibility to take and prepare the minutes of meetings and hearings and to carry out other duties concerning records, files, notices and correspondence as determined by the Board.
A copy of all resolutions and other actions of the Planning Board shall be promptly filed with the Town Clerk by the Secretary or Chairman. A copy of minutes of meetings and hearings, both before and after approval by the Planning Board, shall be filed with the Town Clerk.
The third Thursday of each month at 7:30 p.m. in the Town Hall is designated as the day, time and place for regular meetings of the Planning Board. Other meetings are held at the call of the Chairman or upon a majority of the members of the Planning Board. The Chairman may cancel a meeting for lack of business or a quorum or for reasons of weather or other physical conditions that make the meeting arrangement impractical and, with the consent of a majority of the members, change a particular meeting to another day, time and place.
A majority of the number of members of the Planning Board authorized by the Town Board under § 271 of the Town Law shall constitute a quorum. The concurring vote of a majority of the number of members authorized by the Town Board under § 271 of the Town Law shall be necessary to decide any application, plan, request or other issue pending before the Board.
Written agendas for regular meetings shall be prepared at least five days in advance by the Chairman, assisted by the Secretary and/or Building Inspector/Zoning Administrative Officer. A copy shall be mailed to each member five days in advance of the meeting and filed with the Town Clerk for posting. Items may be subsequently added to the agenda for a regular meeting by majority vote of the Planning Board.
The Planning Board is required by law to hold duly advertised public hearings prior to action on plats, Subdivision Regulations, temporary special use permits (soil and stone removal) and the Master Plan. The Planning Board may hold a special public hearing concerning any other matter, including site plan submissions, over which the Board has a responsibility for approval or for a report to the Town Board. The following are also applicable to public hearings:
A. 
General notice. Notice of a public hearing shall be given by publication of notice in the town newspaper of record at least five days in advance of the hearing, by filing a copy of the notice with the Philipstown Town Clerk and by sending a copy of the notice by certified mail to the involved applicant, if any. Notice of a public hearing concerning the Master Plan, however, shall be given 10 days in advance.
B. 
Notice to property owners. In the case of public hearings concerning proposals by applicants, the Secretary of the Planning Board is expected, but is not required, to transmit by regular mail a copy of the public hearing notice to the owners of all lots any part of which may lie within 500 feet of the lot where the plat, site plan or applicant proposal occurs. The Secretary may ascertain owners' names and addresses for the mailing from the current tax assessment roll or from a list that may have been required to be supplied by an applicant in connection with an application. This notice to such owners is deemed to be a courtesy and not a requirement of law precedent to holding the hearing.
C. 
Special public hearings.
(1) 
Public hearings on certain matters for which the Planning Board has responsibility is discretionary but shall be held at the call of the Chairman, the vote of the Planning Board or the request of the Town Board. The Planning Board will consider requests for special public hearings received from applicants, property owners and citizens. In general, special public hearings may be held concerning projects and subjects:
(a) 
Which are larger in scope or of general community interest (more than 5,000 square feet of floor area; 50 or more parking spaces; use or storage of toxic or hazardous substances; activity in a flood hazard area);
(b) 
Where there is known to be controversy;
(c) 
When collection of information and opinion in a public hearing format is appropriate to establish the record of the application; and
(d) 
When deemed beneficial to lay open a significant subject occurring in a neighborhood that might otherwise be unaware.
(2) 
Special public hearings are not expected to be held on minor additions, corrections or changes in buildings or site development that are subject to site plan submission.