A.
General. The Planning Board will consider and act
on applications for approval of subdivision plats and will give notice
of hearings, meetings and decisions as required by law. The applicant
is obligated by law to make certain presentations and adhere to certain
time limits. The applicable time limits and notices are summarized
in the subsections which follow.
B.
Submissions.
(2)
Date of application. The date of application for the
purpose of determining time limits will be the scheduled meeting occurring
at least 14 days after the materials are received; the Board may,
by resolution, agree to accept an application presented less than
14 days prior to the meeting.
[Amended 12-17-1991, approved 2-6-1992]
(3)
All applications to the Board 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]
(4)
Subsequent submissions. Any subsequent submission
supplementing an application 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 a subsequent submission presented
less than 14 days prior to such meeting.
[Added 12-17-1991, approved 2-6-1992]
C.
Informal review. No time limits are applicable in the case of Planning Board informal review of sketch plan under § 112-9. An informal submission and sketch plan review are strongly recommended but are not mandatory.
D.
Time limits and notices. The following time limits
and notices are applicable during the course of the plat review and
decision process:
(1)
Preliminary hearing. The hearing on preliminary application
by Planning Board shall be held within 45 days after the date of submission
of the application.
(a)
Notice. Notice of the hearing shall be advertised
at least once in a newspaper of general circulation in the Town at
least five days before such hearing.
(b)
Filing. It is the practice of the Planning Board
that a copy of the maps and plans be on file in the Town Hall for
public inspection during the notice period.
(2)
Preliminary decision. Planning Board approval with
or without modifications or disapproval of the plat shall be rendered
within 45 days after such hearing.
(3)
Final: submission. The applicant must submit a complete
application for final approval within six months of the date of preliminary
approval.
(a)
Revocation. If the final application is not
submitted in six months, approval of the preliminary plat may be revoked
by Planning Board.
(4)
Final: hearing. The hearing on final application by
Planning Board shall be held within 45 days after the date of submission
of the application.
(a)
Waiver. If the Planning Board deems that final
plat is in substantial agreement with the approved preliminary plat,
including required modifications, the required hearing may be waived
by the Board.
(b)
Notice. Notice of the hearing shall be advertised
at least once in a newspaper of general circulation in the Town at
least five days before such hearing.
(c)
Filing. It is the practice of the Planning Board
that a copy of the maps and plans be on file in the Town Hall for
public inspection during the notice period.
(5)
Final: decision. Planning Board conditional approval,
conditional approval with modifications, disapproval or grant of final
approval (and signing) of the final plat shall be rendered within
45 days after the hearing; or submission, if no hearing is held.
(a)
Extension of decision. The time in which the
Planning Board shall take final action may be extended by mutual consent
of the applicant and the Planning Board.
(b)
Authorized officer. Upon resolution of conditional
approval, the Planning Board shall empower a duly authorized officer
to sign the plat subject to completion of requirements of the resolution.
(c)
Certification. Within five days of the resolution,
the plat shall be certified by the Clerk as conditionally approved
and:
(d)
Signing. Upon completion of conditions, the
plat shall be signed by the authorized officer.
(e)
Expiration. Conditional approval expires 180
days after the date of the resolution unless the conditions or requirements
have been certified as completed.
(f)
Extension for signing. The Planning Board may
extend the time in which the conditionally approved plat must be submitted
for signature, for not to exceed two additional periods of 90 days
each.
(6)
Filing plat. The signature constituting final approval
expires 60 days from the date of signing unless the plat has been
duly filed or recorded by the applicant in the office of the Putnam
County Clerk.
E.
Failure to act. In the event that the Planning Board fails to act under Subsection D(2) and (5) above, the following are applicable:
(1)
Preliminary. The preliminary plat is deemed granted
preliminary approval.
(a)
Certificate. A certificate of the Clerk of the
Town, as to the date of submission and the failure to take action
within the prescribed time, shall be issued on demand and shall be
sufficient in lieu of written endorsement or other evidence of approval.
(2)
Final. The final plat shall be deemed approved.
(a)
Certificate. A certificate of the Clerk of the
Town, as to the date of submission and the failure to take action
within the prescribed time, shall be issued on demand and shall be
sufficient in lieu of written endorsement or other evidence of approval.
A.
General. The regulations provide for review and/or
approval of plat applications and plans by officials or agencies other
than the Planning Board. Referral to other officials or agencies will
be made by the Board or the applicant as hereinafter specified.
B.
Preapplication.
(1)
It is expected that the applicant, in the preparation
of a preliminary plat, will confer for planning purposes with appropriate
county and state agencies that may have future jurisdiction or counsel
with regard to elements such as:
C.
Preliminary plat application. When a complete application
for preliminary approval is received, the Planning Board, as deemed
appropriate, will refer the preliminary plat, profiles and reports
as follows:
(1)
To the Town of Philipstown Superintendent of Highways
or to the engineer or representative designated by the Philipstown
Town Board.
(2)
To the Town Board and Town Attorney concerning any
proposed parks, playgrounds, special easements, water or sewer districts
or other features involving future Town Board administrative jurisdiction
or legal questions.
(3)
To other Town boards or advisory committees having
responsibilities, such as with regard to recreation, conservation
and fire protection elements.
(4)
To the planning consultant for the Board, such as
with regard to overall planning of the plat.
(5)
To the Putnam County Soil and Water Conservation District,
such as with regard to cases of severe soil erosion and sedimentation
potentials.
D.
Prior to final plat application. Prior to submission
of the final approval application, the applicant will make the following
referrals of appropriate maps and plans:
(1)
To the Putnam County Department of Health [§ 112-13E(1)] for approval of plans for water supply and sewage disposal, and any approval will be endorsed on the final plat map prior to submission of the final approval application.
(2)
To the New York State Department of Transportation and/or the Putnam County Superintendent of Highways for an application for street or drainage connections to state highways or county roads [§ 112-13E(2)].
(3)
To the Town of Philipstown Superintendent of Highways
or to the engineer or representative designated by the Philipstown
Town Board for approval of the construction plans for streets and
drainage.
(4)
To the New York State Department of Environmental Conservation concerning any regulated wetlands and watercourses [§ 112-13E(3)].
E.
Final plat application. When a complete application
for final approval is received, the Planning Board, as deemed appropriate,
will refer the final plat, profiles and data as follows:
(1)
To the Putnam County Planning Board under § 239-n
of the General Municipal Law.
(2)
To the Town Board and Town Attorney concerning proposed
parks, playgrounds, special easements, water or sewer districts or
other features involving Town Board administrative jurisdiction or
legal questions.
(3)
To the planning consultant of the Board, such as with
regard to overall planning of the plat.
F.
Final plat approval. In connection with final approval
procedures, including conditions for approval, the following referrals
will be made by the Planning Board, as appropriate:
(1)
Completion bonds to the Town Board for approval as to security and as to form, sufficiency and manner of execution (§ 112-19A).
(2)
Conveyances, easements and offers of cession for streets, rights-of-way and parks to the Town Board for approval as to form and manner of execution (§ 112-17).
(3)
Maps, plans or documentation concerning water and
sewer districts to the Town Board for approval.
G.
Plat completion. Upon completion of required street,
drainage and other improvements in the plat, the following referrals
will be made by the Planning Board, as appropriate:
A.
General. As specified in the regulations, certain
documents must be in a form satisfactory to the Town Board. Documents
include conveyances for easements; formal offers of cession for streets
and parks; completion bonds; and maintenance bonds. When received,
each will be referred to the Town Board, and the Town Board will exercise
its judgment as to each case. Specified below are general guidelines
as to form and content.
B.
Easements. Conveyances of easements will refer to
specific strips of land or areas identified on the final plat map
and will consist of conveyance of rights to the Town, to be exercised
only at the option of the Town, for purposes such as construction,
reconstruction, maintenance, repair and use of pipes and drainage
facilities; and the discharge of stormwater runoff. The conveyance
should be accompanied by the following:
C.
Offers of cession. A offer of cession for streets
and parks will consist of a deed of dedication and refer to the particular
streets, rights-of-way and properties to be conveyed and identified
on the final plat map. Any covenants and warranties will need to be
acceptable to the Town Board and the deed should be accompanied by
the following:
D.
Bonds. Subdivision completion bonds to guarantee the
completion of required subdivision improvements and maintenance bonds
to guarantee the remedy of unforeseen deficiencies should be duly
executed on forms provided by the Town and with proper references
to all maps and plans, showing the streets, drainage and other improvements
covered by the bond. Any bond to which a surety company is a party
should have attached thereto the power of attorney of the person executing
the bond for the company. Cash bonds should be in the form of certified
checks. Savings account bonds should be accompanied by the savings
account passbook, a withdrawal slip in the amount of the bond, properly
endorsed and made payable to the Town of Philipstown and a letter
from the bank acknowledging that the account has been assigned to
the Town of Philipstown.
A.
General. Maps and plans will bear notes constituting
references and restrictions. When applicable to a particular plat,
the wording hereinafter specified shall be used for notes except as
otherwise approved or required by the Philipstown Planning Board or
Town Board.
B.
Unsuitable or unapproved lots.
"This is not an approved building lot."
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C.
Private Way.
"The access to building lots by private rights-of-way
or easements shown on this map is approved by the Philipstown Planning
Board under the 'Open Development Area General Regulations' of the
Town of Philipstown. Said rights-of-way or easements are privately
owned and privately maintained and are neither Town roads, streets
or highways nor approved for acceptance by the Town. The Town of Philipstown
is not responsible for maintenance of said rights-of-way or easements.
This map is not an offer of cession or dedication of said rights-of-way
or easements to the Town.
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Acknowledged by
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Date
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Applicant"
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D.
Turnaround easements.
"Easement for temporary turnaround and general
highway purposes, which easement shall automatically terminate upon
acceptance by the Town of Philipstown of any extension of the street."
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E.
Construction easements.
"A temporary easement to the owner of each street
on this map for grading of slopes shall exist over all land within
25 feet of the right-of-way line of such streets, which easement shall
expire three years after the date of acceptance of the street by the
Town of Philipstown."
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F.
Sight easements pertaining to areas delineated over
lots at street corners.
"The sight easement shown hereon establish the
perpetual right of the owner of the abutting street or highway, or
his authorized agents, to clear, regrade and maintain the area within
these easements at such elevation that there is a clear line of sight
anywhere across the easement area between an observer's eye at an
elevation of 3.5 feet above the pavement edge and an object one foot
above the pavement edge."
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G.
Driveway access: corner lot.
"There shall be no motor vehicle access, including
driveways, from Lot No. _____ across the right-of-way line of _________________
Street."
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H.
Driveway access: crossing.
"Motor vehicle access to Lot No. _____ , including
driveways, shall be placed so as to cross the right-of-way line of
_________________ Street only across the 'Motor Vehicle Access Crossing'
designated for such lot."
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I.
Central utilities.
"Lots on this map are approved on condition
that each lot be provided with a central water supply and/or sanitary
sewer system. No structures on the lots shall be occupied until such
systems are operative and are approved by the governmental agency
having jurisdiction and suitable connections have been provided from
such structures to the system."
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J.
Encroachment lines.
"Within the area bounded by the encroachment
lines delineated on this map, no building or other structure shall
be located or constructed, and there shall be no excavation, grading
or filling of land or dumping of materials except as authorized under
construction plans and/or grading plans approved in connection with
this map."
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K.
Building lines.
"No building or other structure shall extend
toward the right-of-way line of __________________ Street a distance
less than the building line delineated on this map."
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L.
Authorization for filing plat map.
"Approved for filing in the office of the Putnam
County Clerk:
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Date
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Owner
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Date
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Applicant (if not owner)"
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A.
General. Under § 277 of the Town Law, all
street, drainage, water supply, sanitary sewerage and other required
improvements in subdivision plats are to be installed prior to signing
of the final plat map by the authorized officer of the Planning Board,
or such installation is to be guaranteed by a completion bond posted
prior to map endorsement. The Planning Board is responsible for approval
of the term of the bond, which under the Town Law shall not exceed
three years, and the bond is to be sufficient in amount to cover the
full cost of the work as estimated by the Planning Board. The bonding
or surety company, or the security posted by the owner, is subject
to the approval of the Town Board, as is the form, sufficiency and
manner of execution of the bond.
B.
Term. As specified in the Land Subdivision Regulations,
the term for completion of required installation of improvements will
be set by the Planning Board in its resolution of approval of a plat.
In any event, the maximum term of a completion bond approved by the
Planning Board will not exceed two years. The Planning Board, in its
resolution approving a plat, will specify a specific date by which
the required improvements are to be completed (whether to be installed
prior to endorsement or to be installed after endorsement and guaranteed
by bond), which date may provide for a term of less than two years.
In approving a term for completion, and for a completion bond, the
Planning Board will consider the scope and size of the plat and improvements
required, a reasonable time for workmanlike completion of the improvements
and the available months in the building season. In general, the approved
term will not exceed 1 1/2 building seasons, and sufficient months
in a second season will be reserved for completion of the improvements
at Town initiative in the event of default. The applicant may consider
division of the plat into sections, each with separate bonds, in order
to arrange construction projects capable of completion within this
policy.
C.
Modification of term. It is expected that all required
plat improvements be completed within the term specified by the Planning
Board. Under § 277 of the Town Law, extension of the term
of a bond may be approved by the Planning Board with the consent of
the parties. In making any such extension, the Planning Board will
be guided by the following:
(1)
The owner will request the extension in writing, specifying
a new completion date. The written request will be accompanied by
the written consent to the extension by the owner and the surety,
who will specify their acknowledgment that all rights of the Town
are continued for the term of the extension.
(2)
If the extension is approved by the Planning Board,
the request for extension will be transmitted for approval by the
Town Board, representing the Town as a party of interest.
(3)
Consents for extension (written consent of the owner
and surety and copies of resolutions of the Planning Board and Town
Board) will be attached to the bond on file.
(4)
Extension will be approved by the Planning Board only
upon the following findings:
(a)
That the extension will not imperil the health,
safety and property values in the plat nor hinder the reasonable use
of lots in the plat for which title may have been transferred.
(b)
That the owner has presented a reasonable program
and schedule for completion of the work.
(c)
That good cause for the extension has been demonstrated
by the owner, such as:
(d)
That the extension is necessary to achieve the
reasonable completion of the required improvements in a timely manner
and not beyond the time when the improvements are actually needed
and must be functional.
(e)
That the extension will reserve a portion of
a building season for completion of improvements at the initiative
of the Town in the event of default.
D.
Amount. The amount or face value of the completion
bond will be estimated prior to the resolution of approval of the
plat by the Planning Board, taking into account the following:
E.
Reduction of amount. Under § 277 of the
Town Law, reduction in the face amount of a completion bond may be
approved by the Planning Board after due notice and public hearing
and subject to the approval of the Town Board. In approving any such
reduction, the Planning Board will be guided by the following policy:
(1)
That reduction is made when the extent of development
that has taken place is not sufficient to warrant all of the improvements
previously required or the required improvements have been installed
in sufficient amount to warrant the reduction.
(2)
That application for the reduction is made in writing
by the owner with the written consent of the surety.
(3)
That the Planning Board will request written reports from the Town of Philipstown Superintendent of Highways or the engineer or representative of the Town Board specifying the items of incomplete work and providing an estimate of the current cost of completion; the Planning Board will also request the owner to present as-built drawings of the construction work prepared by a professional engineer (§ 112-19B and C).
(4)
That no reduction will be made until at least 80%
of the required work is completed.
(5)
That no reduction will be made until all required
roads, drainage, water supply systems and sanitary sewerage are in
reasonable functioning condition, approved by the Town of Philipstown
Superintendent of Highways or the engineer or representative designated
by the Town Board, and judged secure from major failure.
(7)
That there will be no reduction to an amount less
than $10,000 unless the bond is replaced by another acceptable bond
which is a cash or savings account bond approved in the same manner
as required for the original bond.
(8)
That only one reduction of the face amount of a bond
will be approved.
(9)
That if the reduction is approved by the Planning
Board, the request will be transmitted to the Town Board for approval.
(10)
That consents for reduction (copies of resolutions
of the Planning Board and Town Board) will be attached to the bond
on file.
[Added 11-3-2011 by Res. No. 208-2011]
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 applicant by both certified mail and regular mail 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.
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.