Whenever any subdivision of land is proposed, before any offer or contract is made to sell any part or the entire subdivision, the subdivider shall apply in writing for approval of the proposed subdivision in accordance with the following procedure.
[Added 6-26-2008 by L.L. No. 2-2008]
A. 
Applications. The Planning Board, by resolution, can establish an application form for use by all applicants in submitting matters to the Board for consideration. Said application will contain such information as the Planning Board deems is necessary for its due consideration and as required by this chapter.
B. 
Rules of procedure. The Planning Board shall have the authority to adopt such rules governing its proceedings as it deems necessary for the orderly administration of its duties. Said rules will be consistent with the requirements of law and will be effective when filed with the Town Clerk.
Before the subdivision of land, the owner or his representative shall meet with the Planning Board or its representative to express general intent to subdivide and determine sketch plan requirements.
[Amended 11-14-2002 by L.L. No. 2-2002; 6-26-2008 by L.L. No. 2-2008; 2-27-2014 by L.L. No. 1-2014]
A. 
Application. Prior to submitting an application for approval of a proposed subdivision or resubdivision, the subdivider shall submit an application for sketch plan review to the Planning Board for the purposes of classification of the proposed subdivision as a major or minor subdivision, general consideration of factors and problems affecting development of the land to be subdivided or resubdivided and familiarizing the subdivider with the Planning Board's requirements and the Board with the nature of the subdivider's proposal so as to minimize the need for time-consuming and costly revisions to subdivision plats. The application shall be made on forms issued by the Planning Board and available in the Planning Office.
B. 
Submission of sketch plan. The applicant shall submit six copies of the sketch plan map and application for the proposed subdivision to the Planning Board by 12:00 p.m. on the last working day of the month. The Planning Board or its representative and the applicant shall agree on a classification of subdivision: minor or major. A sketch plan is required to receive classification as a minor subdivision. The sketch plan should show at least the following information:
(1) 
The words "sketch plan," the proposed name of the subdivision or resubdivision, the words "Town of East Fishkill, Dutchess County, New York," the date, the true North point, the graphic scale and the name(s) and address(es) of the record owner(s), subdivider and person(s) responsible for preparation of the sketch plan.
(2) 
A location map at a scale of 2,000 feet to the inch, indicating the relationship of the proposed subdivision to existing community facilities that serve it, such as roads, shopping areas and schools.
(3) 
A topographic map of the area to be subdivided, showing in simple sketch form the proposed layout of streets, lots, recreation areas, and other features.
(4) 
General information necessary to explain and/or supplement the location map and sketch plan.
(5) 
Map of environmentally sensitive lands.
(6) 
Approximate locations of all existing structures, wooded areas, streams and other significant physical features within the property to be subdivided and within 100 feet thereof.
(7) 
Approximate locations of floodways and special flood hazard areas as shown on the official Flood Insurance Map and Flood Boundary and Floodway Map as published by the Federal Emergency Management Agency.
(8) 
The Tax Map sheet, block and lot numbers.
(9) 
The zoning district(s) in which the property proposed to be subdivided or resubdivided is located.
(10) 
A schematic layout (line diagram) of proposed systems for drainage, public sewerage and public water supply.
(11) 
All existing restrictions on the use of the property proposed to be subdivided or resubdivided.
C. 
Sketch plan study, modification and approval. The Planning Board shall review the sketch plan and within 30 days of the official submission date shall inform the applicant that the proposed subdivision as submitted or as modified will meet the objectives of these regulations. In the event the sketch plan is found unacceptable, the applicant will be asked to submit a new plan before proceeding with a preliminary plat submission.
D. 
A fee as set by the Town Board will be required upon submission of a sketch plan proposal.
[Added 2-27-2014 by L.L. No. 1-2014]
A. 
Within six months after classification of the subdivision or resubdivision shown on the sketch plan as a minor subdivision by the Planning Board, the subdivider may submit an application for final approval of a subdivision plat for a minor subdivision, together with the long environmental assessment form. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The subdivision plat for a minor subdivision shall conform to the layout shown on the sketch plan, any recommendations made by the Planning Board during sketch plan review and the requirements of Article VI, § 163-23, of this chapter, except that the Planning Board may, by resolution, vary and/or waive certain requirements for final subdivision plat as set forth in this chapter, provided that such variations and/or waivers will not have the effect of nullifying the intent and purpose of Chapter 194, Zoning, the Comprehensive Plan, the Official Map, if any, and this chapter. For minor subdivisions of two lots or less, the Planning Board may, by resolution, vary and/or waive the requirement for a public hearing. At any time, the Planning Board may require a minor subdivision to comply with all or some of the requirements specified for major subdivisions, as it deems necessary for the protection of public health, safety, and welfare.
B. 
After the effective date of these regulations, a tract of land shall constitute a major subdivision upon the proposed creation of the sixth lot or building lot irrespective of the length of time which may elapse prior to the time the sixth lot is proposed for creation. Upon that event, all provisions applying to major subdivisions shall apply to the subdivision of the sixth lot and all other proposed subdivisions of the original tract of land, at that time and subsequently.
A. 
Application and fee. Prior to filing an application for the approval of a proposed major subdivision plat, the applicant shall file an application for the approval of a preliminary plat of the proposed major subdivision or resubdivision. The application shall:
[Amended 12-11-1986 by L.L. No. 5-1986; 6-28-1994 by L.L. No. 4-1994; 6-14-2001 by L.L. No. 3-2001; 2-27-2014 by L.L. No. 1-2014]
(1) 
Be made in triplicate on forms available at the Town Clerk's office.
(2) 
Include the total holdings of the applicant and indicate the portion thereof that is proposed for subdivision.
(3) 
Be accompanied by three copies of the preliminary plat and other supplementary material required by these regulations.
(4) 
Comply in all respects with the requirements and design standards of these regulations and with the provisions of §§ 276 and 277 of the Town Law.
(5) 
Comply in all respects with the requirements of other governmental agencies having jurisdiction in the review procedure of subdivisions.
(6) 
Be accompanied by a fee as set from time to time by the Town Board.
(7) 
Comply with the State Environmental Quality Review Act. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
(8) 
Agricultural data statement. If any portion of the project is located on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, the application must include an agricultural data statement containing the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
B. 
Study of preliminary plat. The Planning Board will carefully study the preliminary plat, taking into consideration the requirements of the community, the use of the land being subdivided and the policy set forth in these regulations. Particular attention will be given to:
(1) 
The proposed arrangement, location and width of streets.
(2) 
The relation of proposed streets to the topography of the land.
(3) 
Sewage disposal.
(4) 
Drainage.
(5) 
Proposed lot sizes, shape and layout, including the appropriate number of lots in compliance with the Zoning Law provisions and compliance with the minimum buildable area provisions of the Zoning Law.[2]
[Amended 11-14-2002 by L.L. No. 2-2002]
[2]
Editor's Note: See Ch. 194, Zoning.
(6) 
Future development of adjoining land.
(7) 
The requirements of the Town Plan and the Official Map.
(8) 
Matters enumerated in § 277 of the Town Law.
(9) 
The potential environmental impact of the proposed action. The agricultural data statement, if any, shall be considered regarding the possible impacts of the proposed project upon the functioning of farm operations within the relevant agricultural district. The Clerk of the Planning Board shall mail written notice of any application requiring an agricultural data statement to the owners of land as identified in such statement. Such notice shall include a description of the proposed project and its location, and may be sent with any other notice required by law.
[Added 6-14-2001 by L.L. No. 3-2001]
C. 
Applicant to attend meeting. The applicant shall be prepared to attend a regular meeting of the Planning Board to discuss the preliminary plat and the Planning Board's tentative conclusions.
D. 
Public hearing.
[Amended 6-14-2001 by L.L. No. 3-2001; 10-26-2006 by L.L. No. 4-2006; 7-26-2007 by L.L. No. 3-2007]
(1) 
For the Zoning Board, the Clerk shall, and for the Planning Board, the applicant shall, mail, by first class and certified mail, return receipt requested, a copy of the notice published in the official newspaper of the Town to all owners of property within 500 feet of the subject property (except in the case of appeals to the Zoning Board of Appeals for dimensional variances, in which case the notice shall be mailed to owners of property within 250 feet of the subject property). Said notice shall be mailed 25 days prior to the public hearing and an affidavit of mailing shall be filed with the Board's Clerk at least 10 business days before the public hearing, except for public hearings for special permits, which shall be subject to the relevant requirements of this chapter.
(2) 
The applicant will post the property with a notice advising the public of the public hearing. The posting will be on a sign provided by the Board to the applicant and the size, shape and color of which shall be approved by the Board. One sign will be posted for each 100 feet of road frontage on all public roads abutting the property. When a property has more than 200 feet of road frontage, then the Board before which the application is pending shall determine the number, size and placement of signs to be posted on the property. The postings will be placed on the property at least 20 days before the public hearing. An affidavit of posting will be filed with the Clerk at least 10 days before the public hearing. If the public hearing is adjourned, the sign will be revised to reflect the adjourned date within five days of the adjournment. An affidavit attesting to the change of the date for purposes of adjournment will be filed with the Clerk at least one day prior to the next hearing date. The notice required herein shall be removed within five days of the close of the public hearing.
(3) 
The applicant shall be required to re-notice the public hearing if the actions in the above Subsection D(1) and (2) are not performed.
E. 
Decision.
[Amended 6-14-2001 by L.L. No. 3-2001]
(1) 
Prior to making a decision on the preliminary plat, the Planning Board shall make a determination of significance under the State Environmental Quality Review Act.
(2) 
The Planning Board shall render a decision to approve, with or without modification, or disapprove the preliminary plat within the applicable time period provided in Town Law § 276. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. In approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.
(3) 
Approval only constitutes an affirmative expression to the proposed development submitted in the preliminary plat, which is to guide the formulation of the final subdivision plat. Prior to final approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in its final form.
F. 
Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Clerk of the Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.
[Added 6-14-2001 by L.L. No. 3-2001]
G. 
Filing of decision. Within five business days from the date of adoption of the resolution stating the decision of the Board on the preliminary plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.
[Added 6-14-2001 by L.L. No. 3-2001]
H. 
Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.
[Added 6-14-2001 by L.L. No. 3-2001]
[1]
Editor’s Note: This section, formerly entitled “Preliminary plat,” was retitled “Major subdivision” 2-27-2014 by L.L. No. 1-2014.
A. 
Application procedure. Within 12 months after the date approval of the preliminary plat was granted, the applicant shall file with the Planning Board an application for approval of a final plat. No site work may begin until a final plat is certified and signed by the Planning Board Chair. The application shall:
[Amended 10-28-2010 by L.L. No. 6-2010[1]]
(1) 
Be made on forms provided by the Planning Board.
(2) 
Include the entire subdivision or a section thereof which derives access from a street improved to town standards and accepted by the town or a street for which a bond covering such improvement is held by the town.
(3) 
Be accompanied by six copies of the subdivision plat and other supplementary material required by these regulations.
(4) 
Comply in all respects with the preliminary plat as approved.
(5) 
Comply in all respects with the state and local laws and with the ordinances, rules, regulations or resolutions and requirements of county and state agencies having jurisdiction in the subdivision review process.
(6) 
Comply with the improvement requirements of these regulations.
(7) 
Be presented to the Planning Board at least 30 days prior to a regular meeting of the Board.
[1]
Editor's Note: This ordinance also provided for the retitling of this section from “Subdivision plat” to “Final plat.”
B. 
Study of final plat; public hearing; decision.
[Amended 6-14-2001 by L.L. No. 3-2001]
(1) 
Upon receipt of a final plat, the Board shall examine it to determine if it is in substantial agreement with the approved preliminary plat. If the final plat is in substantial agreement with a preliminary plat, approved pursuant to this section, the Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Clerk of the Planning Board.
(2) 
If the final plat is not in substantial agreement with the approved preliminary plat, the Planning Board shall hold a public hearing on the final plat within the applicable time period provided in Town Law § 276, and advertise such hearing according to the provisions of that section. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened, unless the applicant has consented to a further continuation.
(3) 
The Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within the applicable time period provided in Town Law § 276. The conditions imposed, if any, and the grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
C. 
Certification and signature of final plats.
[Amended 6-14-2001 by L.L. No. 3-2001]
(1) 
Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, the Clerk of the Planning Board shall certify such plat as having been granted conditional or final approval, and shall file a copy of such approval resolution, including a list of the conditions and requirements which must be completed prior to the signing of the plat, in his/her office. The Planning Board Clerk shall also mail a copy of the resolution, and any list of conditions, to the owner.
(2) 
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 by not more than two additional periods of 90 days each, the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.
D. 
Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections 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 said sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.
[Amended 6-14-2001 by L.L. No. 3-2001]
E. 
Signing of plat. Upon proof of timely completion of all conditions and requirements imposed at the time of conditional approval, the plat shall be signed by the Chair of the Planning Board, or, in his absence, by the Vice Chair. The plat shall also carry the following note:
NOTE: The roadway and storm drainage system construction will be jointly inspected by the Town Engineer and the developer's engineer. The developer's engineer must certify to construction compliance upon completion of the project.
A copy of such signed plat shall be filed in the office of the Planning Board Clerk.
[Amended 2-15-1979[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
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.
G. 
Filing of approved plat.[3]
(1) 
Within five business days from the date of the adoption of the resolution stating the decision of the Board on the final plat, the Planning Board Clerk shall file a copy of the resolution in the office of the Town Clerk.
(2) 
The owner shall file such approved plat, or a section of such plat, within 62 days of the date of final approval, or such approval shall expire. The following shall constitute final approval: the signature of the Chair or acting Chair of the Planning Board constituting final approval by the Planning Board of a plat as herein provided; or the approval by such Board of the development of a plat or plats already filed in the office of the County Clerk, if such plats are entirely or partially undeveloped; or the certificate of the Town Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided.
(3) 
In the event the owner shall file only a section of such approved plat in the office of the County Clerk or Registrar, the entire approved plat shall be filed within 30 days of the filing of such section with the Town Clerk of each town in which any portion of the land described in the plat is situated. Such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of § 265-a of the Town Law.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Drawings showing the location of all required improvements as built shall be certified by a licensed professional engineer or a licensed land surveyor and filed with the Planning Board at least 30 days prior to the acceptance of the improvements by the town.
[Amended 10-12-1978]
I. 
Abandonment. The owner of an approved subdivision may abandon such subdivision pursuant to the provisions of § 560 of the Real Property Tax Law.[4]
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
For a resubdivision, the same procedure, rules and regulations apply as for a subdivision.