Subdivisions of land are classified as follows:
A. Exempt subdivision: Transfer of real property from
one parcel of land to an adjoining parcel such that no new lots are
created (transferred property must be merged with the receiving parcel),
provided that neither parcel is shown on a previously filed subdivision
map. No review pursuant to this article shall be required for such
actions; however, the transfer may not create or increase any nonconformance
to the dimensional requirements article of this chapter.
B. Minor subdivision: Subdivision of a parcel of land
into four lots or fewer, where no new public streets are required.
[Amended 8-28-2008 by L.L. No. 8-2008]
C. Subdivision amendment:
(1) Division of land for commercial, industrial or multifamily
residence use in a previously filed subdivision, where resultant parcels
are subject to Planning Board site plan review and no new public streets
or utilities are required.
(2) Transfer of real property from one parcel of land
to an adjoining parcel such that no new lots are created, where any
of the affected parcels is shown on a previously filed subdivision
map.
D. Major subdivision: Any subdivision not classified
as exempt, minor or an amendment. Any application made for further
subdivision of a lot or lots created in a minor subdivision within
five calendar years of the date of filing of the approved plan shall
be considered a major subdivision if the total number of lots created
from the original subdivided parcel is five or greater.
E. Conservation subdivision: A major subdivision developed
pursuant to the provisions of the Conservation Development Overlay
District standards as set forth in the overlay districts article of
this chapter. The Planning Board may, in its discretion, apply the overlay
district standards to a subdivision of land outside the limits of
the overlay district, subject to the additional general requirements
for conservation subdivisions as set forth below.
[Amended 6-28-2007 by L.L. No. 10-2007]
[Amended 4-11-2013 by L.L. No. 3-2013]
Any Planning Board conceptual plan acceptance
shall be valid for 18 months from the date of issuance. Any Planning
Board final subdivision plan approval shall be valid for three years
from the date of issuance. For purposes of this section, the date
of issuance shall be the date that notice of a Planning Board decision
granting such acceptance or approval is filed in the office of the
Town Clerk.
If there is no substantial change in the condition
of the site or its environs or in the applicable law:
A. Conceptual acceptance may be extended for one additional
year upon written request by the applicant and after due consideration
by the Planning Board.
B. Final subdivision plan approval may be extended annually
for an additional one-year period when the following conditions are
met: the applicant submits a written request for such extension and
submits such other application materials as may be deemed necessary
by the PEDD; any fee required pursuant to the fee schedule adopted
by the Town Board has been paid; the plans have been reviewed by the
PEDD and such other agencies as it deems appropriate; and due consideration
of the application has been made by the Planning Board. Application
materials shall be for the purpose of determining whether any change
in the condition of the site or its environs has occurred or whether
the applicable law has been changed. Application materials must include
an updated, approved zoning verification, a current subdivision development
plan application, copies of the plans and reports previously approved
with the initial subdivision application and any subsequent applications
for an extension, and any other materials which the PEDD or the Planning
Board deems necessary.
The provisions of this article shall be administered
and enforced primarily by the PEDD, which shall have the power to
make necessary inspections.