[Amended 5-14-1974]
A major subdivision is any division of land into two or more
parcels which requires the construction of a new street or public
utility, the expansion or extension of an existing street or public
utility or which involves the creation of 13 or more lots. Any subdivision
which cannot be classified as a minor subdivision shall be regarded
as a major subdivision and is subject to the following requirements.
The general review procedure for major subdivision consists of three elements: the preapplication, the preliminary subdivision plat and the final subdivision plat. Sections 88-15, 88-16 and 88-17 describe those specific elements which should be included in each particular submission.
A.
Preapplication review (optional). The first submission to be prepared
by the applicant as part of the major subdivision review process is
the preapplication. This should be submitted prior to taking any action
to subdivide the land. The primary purpose of the preapplication is
to allow the subdivider to outline the general nature of his proposal
for subdivision so that the Planning Board can advise him of the proper
method of application, the general acceptability of his concept, the
consistency (or inconsistency) of his proposal with the Master Plan
of the town or any special considerations he should make in the development
of his final subdivision plat (e.g., accommodation of any special
soil conditions, handling potential flooding problem, developing open
space areas, etc.).
(1)
Submission of preapplication (optional).
(a)
The completed preapplication may be submitted to the Planning
Board for its review. Within 30 days of the receipt of the preapplication,
the Planning Board shall meet to review and discuss the proposed subdivision.
The Planning Board shall formally notify the subdivider, giving at
least five days' advance notice of the meeting date at which his proposal
will be reviewed, and either the subdivider or his agent shall be
present to participate in the review.
(b)
Within 30 days after the preapplication review meeting, the
Planning Board shall determine whether the preapplication sketch plan
meets the purposes of this chapter and shall, where it deems necessary,
make specific recommendations in writing to be incorporated by the
applicant in the next submission to the Planning Board.
(2)
Review considerations. The Planning Board's review of the preapplication
shall include, at least, a review of the following considerations:
(a)
Zoning requirements, adjustments, variances, etc., that may
be applicable to the proposed subdivision concept.
(b)
The potential impact of the proposal on the cost and extent
of public services to be required.
(c)
The impact of the proposed development on existing private and
public development in the area.
(d)
The degree to which the proposal is consistent or inconsistent
with the Master Plan for the area.
(e)
The nature of the soil in the area of proposed development.
(f)
The topography of the proposed site.
(g)
Other special site or community problems that may be involved
in the successful development of a subdivision in the area proposed.
B.
Preliminary subdivision plat. The subdivider shall prepare a preliminary subdivision plat for submission to the Planning Board. Such a preliminary plat shall contain all of the items and supplementary materials specified in § 88-16.
(1)
Submission of preliminary plat. The submission of the preliminary
subdivision plat shall include the following:
(a)
A preliminary subdivision application (to be prepared on a form
supplied by the town).
(2)
Filing. Four copies of all items and related supplementary materials
shall be submitted to the Planning Board office for its review at
least 15 days prior to the Planning Board meeting at which it is to
be considered, at which time the subdivider or his agent should attend
to be heard at that particular meeting. Only a complete preliminary
subdivision plat will be accepted for filing with the Planning Board.
(3)
Distribution of preliminary plat. The Chairman of the Planning Board
shall distribute copies of the preliminary subdivision plat to the
Enforcement Officer, the Town Engineer, the Town Board and any other
agency which may have a specific interest in the proposal.
(4)
Review of preliminary subdivision plat.
(a)
The Planning Board shall have 45 days from the time that the
preliminary subdivision plat was filed to hold a public hearing on
the proposal. The public hearing shall be advertised in the official
Town newspaper at least five days in advance of the meeting date.
Failure of the Planning Board to hold a public hearing within the
required time period shall be deemed to be the equivalent to Planning
Board approval of the preliminary plat. Any subdivider/developer must
notify residents within a two-hundred-foot radius of any proposed
subdivision.
[Amended 6-10-1987]
(b)
The Planning Board must act on the preliminary subdivision plat
within 45 days of the date of the public hearing. Any comments received
from the Enforcement Officer, the Town Engineer, the Town Board or
other agencies with a specific interest in the proposed subdivision
should be taken into consideration by the Planning Board when making
its review. The time within which the Planning Board must act on the
preliminary plat may be extended by mutual consent of the owner and
the Planning Board.
(5)
Approval or disapproval.
(a)
If the Planning Board approves the proposed subdivision plat
as submitted, it shall direct the Chairman to notify the subdivider,
in writing, of the Board's action. Approval of a preliminary plat
shall not be construed as approval of a final plat. Such approval
shall merely express the acceptance of the subdivision layout as a
guide for the development of the final plat.
(b)
If the Planning Board does not approve the preliminary subdivision
plat as submitted or wishes to approve it subject to certain modifications,
it shall move to direct the Chairman of the Planning Board to contact
the subdivider, in writing, clearly explaining the reasons for disapproval
or the modifications to which approval is subject.
(c)
Failure of the Planning Board to act on the proposal within
45 days after the public hearing or within the period agreed upon
by the owner and the Planning Board shall be equivalent to the Planning
Board having given its approval to the preliminary subdivision proposal.
(6)
Expiration. If a final plat is not submitted to the Planning Board
within six months after the date on which the Planning Board approved
the preliminary plat, the Planning Board shall not approve the final
plat unless it has first determined that there has not been any material
change in the circumstances existing at the time of the preliminary
approval. If the final plat is not submitted to the Planning Board
within one year after the date on which the Planning Board approved
the preliminary plat, approval of the plat shall lapse.
[Amended 5-12-2004 by L.L. No. 7-2004]
C.
Final subdivision plat. Upon receiving the approval of the Planning Board, the subdivider may then proceed with the development of a final subdivision plat. Such a plat shall be based exclusively on the design features presented in the preliminary subdivision plat, subject to those changes which had been agreed upon at the time of the preliminary plat review. The final subdivision plat shall conform to the requirements for such plats described in § 88-17.
(1)
Submission.* The final subdivision plat shall be submitted to the
Town Planning Board. Such submission shall contain the following:
(a)
A formal application for final plat approval (on a form to be
supplied by the town).
(c)
A performance bond estimate for all public improvements and
utilities included on the final plat and the public utilities plan
and profile.
(d)
Detailed plans and profile drawings of all proposed public utilities
and improvements.
(e)
Evidence that the Board of Education for the area in which the
subdivision is to be built has been made aware of the nature and extent
of the proposed project.
(f)
Copies of all easement agreements, deeds, offers of cession,
right-of-way acquisitions, planting areas, covenants and any other
legal instruments which may require review as part of the subdivision
proposal.
(g)
Letters in appropriate cases directed to the Chairman of the
Planning Board, signed by a responsible official of the State Department
of Transportation or County Public Works Department, approving proposed
construction on state or county rights-of-way and indicating that
the necessary permits have been issued by their office, or submit
copy of permits.
(h)
Evidence that the proposed subdivision has been reviewed and
approved by the New York State Department of Health and New York State
Department of Environmental Conservation, as required.
(i)
Letters in appropriate cases directed to the Chairman of the
Planning Board, signed by a responsible official of the agency, utility
company, government authority or special district which has jurisdiction
in the area of gas, electric, telephone, public sewer or public water
improvements, approving such proposed installation.
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* NOTE: Submission requirements [§ 88-14C(1)(g), (h) and (i)] may be waived by the Planning Board prior to final plat approval, said requirements in such event to be required to be a condition of approval pursuant to § 88-14C(6).
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(2)
Filing. Unless otherwise specified in this chapter, four copies of
all of the required materials in the final plat submission shall be
placed on file with the Planning Board. No application will be accepted
for filing unless it is complete, as defined by the requirements of
this chapter.
(3)
Distribution. Upon receipt of the completed final plat submission,
the Chairman of the Planning Board shall transmit copies of the final
submission to the Enforcement Officer, the Town Engineer. Town Board
and any other agency which may have a specific interest in the proposed
subdivisions.
(4)
Public hearing.
(a)
The Planning Board may waive holding a public hearing on a final
plat if it finds that the final plat is in substantial agreement with
the preliminary plat. If the hearing is waived, the Planning Board
shall act within 45 days from the date that the final plat was filed
with the Planning Board.
(b)
If the Planning Board does not wish to waive the public hearing,
such a hearing shall be held within 45 days of the date of receipt
of the final plat by the Planning Board in accordance with the requirements
of the General Municipal Law of New York State.
(c)
If the Planning Board has been empowered to modify the provisions
of the Zoning Ordinance at the time of final plat approval (according
to the provisions of § 281 of the Town Law) and wishes to
do so in the case of subdivision proposal, a hearing must be held
on the final plat; moreover, in carrying out such a modification,
a public hearing by the Planning Board on the zoning amendment is
required. Separate but parallel notice of the hearing with respect
to the zoning modification should accompany public notice of the hearing
with respect to the final plat.
(5)
Approval or disapproval. Unless extended by the mutual consent of
the Planning Board and the subdivider, the Planning Board must act
on the final subdivision plat within 45 days of the receipt of the
application if the public hearing is waived, or within 45 days after
the date of the public hearing. Failure of the Planning Board to take
action within either of these required time periods will be deemed
an act of approval by the Planning Board, granting to the subdivider
all of the rights and privileges which such approval conveys.
(6)
Review.
(a)
The Planning Board shall review the final subdivision plat in accordance with the guidelines outlined in § 88-17. It shall examine the final plat to see that it is consistent with the concept presented in the preliminary subdivision plat and all of the required elements of submission have been placed on file with the Board.
(b)
After the public hearing has been held on the final plat, if
one is held, or within 45 days of receipt as specified above, the
Planning Board shall meet to take action on the final plat submission.
If the Board moves to approve the final plat as submitted, it shall
direct the Planning Board Chairman to sign the final plat. The Chairman
is required to sign the plat, subject to the following conditions:
[1]
All of the requirements for final subdivision plat submission
have been met.
[2]
All required corrections and modifications have been made or
a sufficient guaranty has been accepted by the Planning Board for
such corrections and modifications. All such conditions must be met
before the plat is signed by the Chairman of the Planning Board.
[3]
Any performance bonds requested by the Planning Board have been
obtained by the subdivider and are in a form as approved by the Town
Attorney.
[4]
A statement is submitted by the Town Attorney approving as to
the legal sufficiency of all offers of cession or covenants governing
the maintenance of unceded public open space.
(c)
The Planning Board may move to conditionally approve the final
plat. This type of approval does not entitle the subdivider to immediately
file the plat with the County Clerk, but is instead an approval subject
to any conditions set forth by the Planning Board. Upon satisfaction
of these, the final plat must be signed by the Chairman of the Planning
Board before it may be filed. The subdivider shall have 180 days to
meet the conditions set forth by the Planning Board for final plat
approval and the Planning Board may extend this time for up to 180
additional days.
(d)
If the final plat is disapproved, the applicant shall be formally
notified in writing by the Planning Board Chairman of the reason(s)
for Planning Board disapproval.
(7)
Recording and filing.
(a)
Within 30 days after the Planning Board has approved a final
plat, one opaque cloth print of the subdivision shall be filed in
the office of the Otsegc County Clerk. Failure to make such a filing
with the Otsego County Clerk will result in a revocation of Planning
Board approval of the final plat.
(b)
No building permits may be issued prior to the time that such
a filing is made with the Otsego County Clerk.
(8)
Streets and roads. Planning Board approval of a final plat shall
not be deemed an acceptance by the town of any street or other land
shown as offered for dedication to public use.
The following preapplication requirements shall apply in a major
subdivision:
A.
Key map. A key map, or location map, shall show the location of the
proposed subdivision within the municipality.
B.
Preapplication sketch. At least a sketch map of the proposed subdivision
showing the following information shall be submitted:
(1)
Name and address of subdivision; North arrow; scale.
(2)
Name of the owner of the subdivision and of all adjoining property
owners.
(3)
Boundary survey data.
(4)
Zoning district boundaries, if applicable, and surrounding land use.
(5)
Topographic contours (from the United States Coast and Geodetic Survey,
USCGS).
(6)
Existing drainage features (e.g., ponds, streams, marshes, culverts).
(7)
Map of soils interpretation of existing soils, indicating type, percolation
and soil bearings.
(8)
Present site conditions (e.g., easements, existing utilities, structures,
trees, streets and street names).
(9)
Proposed street and block layout, with reference to surrounding properties
and street pattern.
(10)
Proposed utilities: sewer, water, storm drainage, subsurface
drains.
The following preliminary plat requirements shall apply in a
major subdivision:
A.
Key map. A key map drawn to the following scale and containing the
following information shall be provided:
(1)
Scale: one inch equals 1,000 feet.
(2)
Information required for the proposed subdivision and areas extending
200 feet beyond the subdivision.
(a)
Relationship of the proposed subdivision to the primary and
secondary highway system and main intersections.
(b)
Boundary lines: building zone districts, if applicable, special
districts and municipal areas.
(c)
"Match lines" as needed when there are two or more drawings
to show the complete subdivision.
(d)
Boundary data: the proposed subdivision area shall be shaded.
(e)
Boundaries of adjacent properties and property owners' names.
Adjacent properties which are a part of a recorded subdivision plat
may be identified by the subdivision name.
B.
Preparation. The preliminary layout shall be prepared by a land surveyor
licensed by New York State and shall provide all information required.
All drainage and utility design shall be prepared by a licensed engineer.
C.
Standard for drawing sheet. The following standards shall be observed:
D.
Title block. The title block shall contain the following information:
(1)
Name of subdivision.
(3)
Name and address of subdivider.
(4)
Name and address of owner.
(5)
Name, address, license number and seal of the professional engineer
or land surveyor who prepared the drawing.
(6)
Date of original submission and for each subsequent submission.
(7)
True or magnetic North and date taken.
E.
Topographic contours shall meet the following conditions:
F.
Existing site conditions including the following information shall
be provided:
(5)
Marshes, ponds, streams, rivers or similar conditions, including
location and area covered, indicating apparent high-water level.
(6)
Other natural features such as wooded areas, rock outcrops or isolated
preservable trees one foot or more in diameter.
(8)
Municipal or other public lands, land designated as parks, open spaces
or for some other public or community use.
(9)
Buildings and other structures on the subdivision which are to remain.
G.
H.
Stormwater drainage plan. Proposed drainage structures shall be shown
on the preliminary plat.
I.
Utilities plans shall contain the following information:
(1)
Proposed sewer plan showing structures and direction of flow and
connection with existing system.
(2)
Proposed water supply plan showing connection with existing system,
showing mains, valves and hydrants.
(3)
Proposed storm sewers and/or subsurface drains.
(4)
In the case of individual sanitary systems, a typical lot layout
indicating location of systems, dimensioned with reference to house
and water supply, and detailed drawing of proposed sanitary waste
disposal system.
K.
Protective covenants. A draft of any protective covenants whereby
the subdivider proposes to regulate land use in the subdivision and
otherwise protect the proposed development shall be supplied.
Requirements for the final plat shall follow those of the preliminary layout (§ 88-16) with the following changes:
B.
Additions.
(1)
Survey data
(a)
Accurate traverse of subdivision boundaries with true angles
and distances.
(b)
Survey tie-in with true angle distances to three nearest established
street monuments or official monuments.
(c)
Municipal, town, county and special district boundaries referenced
to the subdivision survey by true angles and distances.
(d)
Radii, internal angles, points of curvature, tangent distances
and lengths of all areas.
(e)
Accurate dimensions to nearest hundredth of foot.
(2)
Monuments.
(a)
Accurate location of all monuments.
(b)
Proposed new monuments or monuments to be reset shall be shown.
(c)
One monument shall be located at each corner and at each general
change in direction of the boundary.
(d)
Two monuments shall be located at each street intersection.
(e)
Monuments shall be located at the beginning and end of each
curve along one side of the street right-of-way.
(3)
Public improvement and utilities plan and profile. This plan and
profile are declared to be an integral part of the final plat submission
and shall be reviewed and approved by the Town Engineer. The performance
bond and inspection shall be based on the public improvement and utilities
plan and profiles, the final plat itself and the municipal specifications
for such public improvements and utilities.
(a)
Basic plan requirements.
[1]
Sheet size shall be acceptable to the County Clerk's office,
with a maximum size of 30 inches by 42 inches, and sufficient to convey
all necessary information. Any proposal requiring a larger space shall
be prepared on two or more sheets.
[Amended 2-12-1992 by L.L. No. 5-1992]
[3]
The plan shall show the outline of all rights-of-way, easements
and similar conditions.
[4]
Street line gradients in percent indicated with arrows to establish
direction of flow.
[5]
Critical street center-line grade elevations.
(b)
Drainage system requirements.
[1]
Complete drainage system for the entire subdivision, with the
appropriate development stages for each of the final plat sections,
shall be shown graphically with all existing drainage features which
are to be incorporated properly identified as existing.
[2]
The boundaries and area in acres of stormwater runoff watersheds
shall be shown for each drainage structure.
[3]
All proposed drainage structures (e.g., valley gutters) shall
be shown.
[4]
Identify all drainage structures by county, town, village or
city specification type numbers.
[5]
The specific details and dimensions to necessitate an explanatory
reason for proposed construction, including type of construction,
material, size, pitch and invert elevations, among other things, in
accordance with good engineering practice.
[6]
Required location of test pits, borings and the description
of soils condition and water table.
[7]
The ability of receiving waters or drains to accept the additional
anticipated flows, by use of notations and calculations.
(c)
Utility systems requirements.
[2]
Sanitary sewers.
[a]
Location of treatment facilities or where discharged
and size of receiving sewer.
[b]
All sanitary manholes.
[c]
Location, size and direction of flow for all sewers.
[d]
Location of structures and any mechanical equipment.
[e]
Detail sheets, manufacturer's specifications, installation
instructions and parts list for all mechanical equipment.
(d)
Profile drawing requirements.
[2]
All profiles shall show the existing natural grades, the center
lines of existing roads and a system of survey stations.
[3]
The center-line profile of vertical curve notation as to gradient
and critical elevations.
[4]
The invert profile and location of all drainage structures in
street rights-of-way and in drainage easements, top-of-structure elevations.
[5]
The invert profile and location of all manholes for sanitary
sewers in street rights-of-way and in sanitary sewer easements, top-of-structure
elevations.
(5)
Offers of cession and protective covenants.
(a)
Offers of cession by dedicating streets, rights-of-way and any
sites for public uses, and agreements covering the improvements and
maintenance of undedicated public places and the conditions and time
limits, if any, applying to site reservations.
(b)
Statement by the Town Attorney approving as to legal sufficiency
all offers of cession and all covenants governing the maintenance
of unceded public open space.
(c)
Protective covenants in form for recording, including covenants
governing the maintenance of unceded public spaces or reservations.
(6)
Such other certificates, affidavits, endorsements or agreements as
may be required by the Planning Board in enforcing these regulations.
