A.
Submission requirements. The subdivider shall submit to the Planning
Board:
B.
Contents of the concept plan. The concept plan shall be a scale drawing
and other supporting documentation which contains the following:
(1)
A site map showing:
(a)
The subdivision name or title, if any, the scale, which shall
be no less than one inch equals 100 feet; North direction, which shall
be oriented toward the top of the plan, the plan date; and the label
"Concept Plan." All submissions shall indicate under the proposed
subdivision name or identifying title the words "Village of Athens,
Greene County, New York."
(b)
The subdivision boundaries and the owners of all contiguous
properties.
(c)
The zoning classification and Tax Map number(s) of the property
to be subdivided.
(d)
The total acreage of the subdivision and the number, size and
locations of lots, along with proposed lot lines.
(e)
All streets, either mapped or built, adjacent to the tract.
(f)
All existing restrictions on the use of land, including easements
and covenants.
(g)
All existing structures, wooded areas, watercourses, wetlands,
floodplains, slopes of 15% or greater and other significant physical
features within the part to be subdivided and within 200 feet of the
proposed subdivision's boundaries. The applicant may use maps
contained within the Comprehensive Plan to identify other resources
that may be included on the parcel.
(h)
If applicable, the location and required setbacks from watercourses,
wetlands, angle of repose reserves, protected slope reserves and the
one-hundred-year floodplain, surveyed and delineated by a licensed
engineer or land surveyor. All federal wetlands delineations must
be approved by the Army Corps of Engineers, and all New York State
wetland delineations must be approved by the New York State Department
of Environmental Conservation.
(i)
Contours with intervals of not more than 20 feet. A copy of
the New York State Department of Transportation quadrangle map depicting
the area of the proposed subdivision is adequate for the concept submission.
(j)
An agricultural data statement if required pursuant to New York
State Agriculture and Markets Law Article 25-AA.
(k)
Location of existing sewers, water mains, culverts and drains
serving the property.
(l)
Identification as to whether the parcel(s) is within the designated
New York State Coastal Zone or within a New York Scenic Area of Statewide
Significance.
C.
Waiver of submission requirements. The Planning Board may waive,
upon the request of the applicant, any of the above submission requirements
if the Planning Board determines that such requirement is not necessary
or appropriate for review of the subdivision. In the event the Planning
Board grants such waiver, it shall do so in writing and provide a
rational basis for such determination.
D.
Planning Board review and recommendation.
(1)
The subdivider shall attend a Planning Board meeting to discuss the
concept plan. The applicant will be notified, in writing, of the date
and time of this meeting.
(2)
The Planning Board will review the concept plan and assure that all
submission requirements have been met. The Planning Board shall determine
whether the concept plan meets the purposes of these regulations and
may, where it deems necessary, make specific recommendations based
on:
(a)
The application of planning principles and consistency with
the Village of Athens Comprehensive Plan.
(b)
Environmental considerations.
(c)
The overall long-term plan for the development of the Village
(as it may be adopted)
(d)
Community concerns and considerations for incorporation in the
next submission to the Planning Board.
(3)
If the proposed subdivision does not meet the minimum standards and requirements of Chapter 250, Zoning, the subdivider must either revise the proposal to bring it into compliance with Chapter 250, Zoning, or make application to the Zoning Board of Appeals for a variance in accordance with the provisions of Chapter 250, Zoning. The proposed subdivision must be in compliance with all requirements of Chapter 250, Zoning, before the concept plan can receive approval.[1]
(4)
The Planning Board may, because of unique environmental or topographic conditions, appoint a Village-designated engineer or other qualified consultant to review and inspect any minor subdivision. Payment of any fees related to this review and/or inspection shall be the responsibility of the applicant pursuant to § 205-15B.
(5)
The Planning Board may, after review of the concept plan, determine that a minor subdivision, due to particular environmental, topographic, engineering or other unique circumstances, should be reviewed by the criteria of a major subdivision. In that event, the proposed subdivision shall be subject to the requirements and standards of a major subdivision as detailed in Article III of this chapter but shall remain a minor subdivision for the determination of subdivision fees.
(6)
The approval of a concept plan shall constitute preliminary approval
of the proposed subdivision as to the general character and layout
of development. The Planning Board, however, reserves the right to
amend its determination if planning, environmental, engineering or
other new data warrants the redesign of the project.
E.
Waiver for lot line amendments.
(1)
An applicant may request that the subdivision process be waived when
a proposed subdivision does not result in an additional lot being
created, is a minor modification to an existing lot line, or is a
conveyance of a portion of one parcel to an adjoining parcel and the
resultant lots are equal to or exceed the minimum zoning requirements
In the event the Planning Board grants such waiver, it shall do so
in writing and provide a rational basis for such determination.
(2)
To request such waiver, the applicant shall complete the subdivision application, submit a concept plan in accordance with Subsection B, pay the required application fee and submit a narrative explaining the proposed subdivision.
(3)
When such a waiver is requested, the Planning Board shall approve
or deny the waiver request Approval may be granted when it is determined
that such lot amendment would not adversely affect the site's
development, adversely impact neighboring properties, alter the essential
character of the neighborhood or negatively impact the health, safety
or welfare of Village residents.
A.
Submission requirements. Within six months of the approval of the
concept plan, the subdivider shall submit to the Planning Board:
(2)
A completed SEQR short or long form, as directed by the Planning
Board. An application for final 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 final plat shall begin upon filing
of such negative declaration or such notice of completion.
(3)
Two true copies of all required deeds and easements, if applicable.
(4)
Any other supporting information requested by the Planning Board.
B.
Contents of the final plat. The final plat shall be prepared by a
licensed engineer or licensed land surveyor and contain the following
information:
(1)
A site map showing:
(a)
The subdivision name or title; the scale which shall be no less
than one inch equals 100 feet; North direction which shall point toward
the top of the plat; plan date; and the label "Final Plat." All submissions
shall indicate under the proposed subdivision name or identifying
title the words "Village of Athens, Greene County, New York."
(b)
The name and address of the owner, subdivider and engineer or
licensed land surveyor, including license number, seal and signature.
(c)
Land survey showing dimensions, bearings and angles of all property
lines and boundaries.
(d)
The owners of all contiguous property and the names of adjoining
developments. If applicable.
(e)
The zoning classification and Tax Map number of the property
to be subdivided.
(f)
The proposed pattern of lots, including lot width, depth, and
acreage or square footage of every proposed lot.
(g)
The addresses of the proposed lots as assigned by the Assessor's
office.
(h)
All streets, either mapped or built, adjacent to the tract and
the right-of-way width thereof
(i)
The building envelope, showing required setbacks in which proposed
structures may be built and the area to be left undisturbed.
(j)
If applicable, the location of and required setbacks from watercourses,
wetlands, angle of repose reserves, protected slope reserves and the
one-hundred-year floodplain, surveyed and delineated by a licensed
engineer or land surveyor. All federal wetlands delineations must
be approved by the Army Corps of Engineers, and all New York State
wetland delineations must be approved by the New York State Department
of Environmental Conservation.
(k)
The location of all existing and proposed wells and septic systems,
if known or public infrastructure locations.
(l)
All existing buildings, wooded areas, streams, wetlands, floodplains,
and other significant physical features within the part to be subdivided
and within 200 feet.
(m)
All existing restrictions on the use of land, including easements
and covenants.
(n)
Any other information as required by the Planning Board.
(3)
When more than one sheet is required to show the plat, an index map
of the same size shall be submitted.
C.
Waiver of submission requirements. The Planning Board may waive,
upon the request of the applicant, any of the above submission requirements
if the Planning Board determines that such requirement is not necessary
or appropriate for review of the subdivision. In the event the Planning
Board grants such waiver, it shall do so in writing and provide a
rational basis for such determination.
D.
Referrals.
(1)
Review by Greene County Planning Board.
(a)
In accordance with § 239-n of the General Municipal
Law, if any subdivision is within 500 feet of a municipal boundary;
the boundary of a farm operation located in an agricultural district,
as defined by Article 25-AA of the Agriculture and Markets Law; the
boundary of any existing or proposed county or state park or other
recreation area, the right-of-way of any existing or proposed county
or state parkway, thruway, expressway, street or highway, the existing
or proposed right-of-way of any stream or drainage channel owned by
the county or for which the county has established channel lines;
or the existing or proposed boundary of any county- or state-owned
land on which a public building or institution is situated, the Planning
Board shall refer such application to the Greene County Planning Board
for review and report.[1]
(b)
Within 30 days of receipt of such notification, the Greene County
Planning Board shall report to the Village on its approval or disapproval,
or on its approval subject to stated conditions, of the proposed subdivision
plat. If the county planning agency disapproves or recommends modification
of such a proposed subdivision plat, the Planning Board shall not,
in approving the final plat, act contrary to such disapproval or recommendation
or modification except by a vote of a majority plus one of all the
members thereof and after the adoption of a resolution fully setting
forth the reasons for such contrary action.
(2)
Superintendent of Public Works. The subdivider is required to arrange
an on-site meeting with the Village Superintendent of Public Works
to discuss all street right-of-way improvements. No certificate of
occupancy will be issued until all required improvements have been
made. Any agreement with the Superintendent of Public Works shall
be in writing, with a copy thereof provided to the Planning Board.
(3)
Access to county highways. The subdivider shall obtain written permission
from the Director of the Greene County Highway Department when a curb
cut onto a county highway is necessary.
(4)
Access to state highways. The subdivider shall obtain written permission
from the New York State Department of Transportation when a curb cut
onto a state highway is necessary.
(5)
Extension of a water or sewer district. If a proposed subdivision
requires the extension of a water or sewer district, the subdivider
shall initiate an application for the extension by submitting a map,
plan and report to the Superintendent of Public Works and to the Village
Attorney as directed by the Planning Board.
(6)
When an application for subdivision review and approval involves
property that is within 500 feet of an adjacent municipality, as defined
in § 239-nn of the General Municipal Law, the Planning Board
shall give notice to the adjacent municipality by mail or electronic
transmission to the Clerk of the adjacent municipality at least 10
days prior to any hearing.
E.
Hearing and notices.
(1)
The Planning Board shall review the final plat to determine if it
meets the submission requirements as set forth in these regulations.
(2)
The Planning Board shall hold a public hearing in accordance with
§ 7-728 of the Village Law on the final plat within 62 days
from the date a complete application is received by the Planning Board.
Notice of the hearing shall be provided as required by Village Law
§ 7-728.
(3)
Waiver of the final plat hearing.
(a)
After the concept review, the Planning Board may waive the final
hearing requirements for a minor subdivision upon meeting each of
the below:
[1]
The resultant lots are equal to or exceed the minimum zoning
requirements;
[2]
There are no unique environmental characteristics on the proposed
site such as slopes, wetlands, watercourses or floodplains;
[3]
There is no extension of public improvements;
[4]
The subdivision would not alter the essential character of the
neighborhood or negatively impact the health, safety or welfare of
Village residents; and
[5]
The Board is satisfied that there is no additional information
needed to render a determination.
(4)
All plans and supporting documentation shall be on file with the
Planning Board a minimum of 10 days prior to an advertised public
hearing before the Planning Board.
(5)
The publication and mailing of such notice of public hearing shall
be the responsibility of the Planning Board.
F.
Planning Board review and decision.
(1)
The Planning Board will carefully study the practicality of the layout, taking into consideration the requirements of the Village, the best use of the land being subdivided and the policy set forth in § 205-3. Particular attention will be given to the proposed arrangement of lots, sewage disposal, drainage, proposed lot sizes, shape and layout, future development of adjoining lands as yet unsubdivided, the requirements of the Village of Athens Comprehensive Plan and matters enumerated in § 7-730 of the Village Law.
(2)
The Planning Board shall review the submitted environmental assessment
form to determine whether the proposal may have a significant impact
on the environment. Pursuant to 6 NYCRR Part 617 (SEQRA), if the project
may have a significant adverse impact, the Planning Board may require
the preparation of an environmental impact statement.
(3)
Within 62 days from the date of the closing of the hearing, the Planning
Board shall make a decision to approve, with or without modifications,
or disapprove the application. Such sixty-two-day period may be extended
by mutual consent of the applicant and the Planning Board or as necessary
to comply with the requirements of New York State Village Law § 7-728
regarding coordination with the New York State Environmental Quality
Review Act. Any decision of the Planning Board shall include a brief
written record of the conditions upon which such decision was made.
If the subdivider should fail to submit final plans for signature
within six months of Planning Board approval, the approval shall be
considered null and void unless an extension of time is requested
by the subdivider, in writing, and is granted by the Planning Board
before the expiration date.
A.
Every copy of the final plat submitted for signature shall carry
the following endorsement.
|
"Approved by resolution of the Planning Board of the Village
of Athens, 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
Chairperson ______________________."
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B.
Every copy of the final plat submitted for signature shall have a
signature line for the Superintendent of Public Works.
C.
The subdivider shall provide the Planning Board with two final copies
of the final plat.
D.
The Chairperson of the Planning Board and the Superintendent of Public
Works will sign the final plat once all conditions have been met.
E.
The subdivider shall have the Greene County Clerk stamp all signed
copies of the final plat. The Greene County Clerk will file one paper
copy.
F.
The subdivider shall bear all fees in connection with the filing
of the plat.
G.
The final plat shall be filed with the Greene County Clerk in the
manner required by § 7-728 of the New York Village Law before
the sale of any lots within such subdivision.
H.
No changes, erasures, modifications or revisions shall be made in
any subdivision plat after approval has been given by the Planning
Board and endorsed, in writing, on the plat. In the event that the
subdivision plat, when recorded, contains any such changes, the plat
shall be considered null and void, and the Planning Board shall institute
proceedings to have such plat stricken from the records of the County
Clerk.
If at any time after the final plat has been signed by the Chairperson of the Planning Board or filed with the Greene County Clerk the subdivider wants to amend the plat in any way, the subdivider shall make application to the Planning Board for a final plat amendment. The Planning Board shall determine whether such amendment warrants a public hearing. Any amendment to a filed plat must be refiled with the County Clerk in accordance with § 205-11.
