Whenever any subdivision of land is proposed
to be made and before any contract for the sale of or any offer to
sell any lots in such subdivision or any part thereof is made and
before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or his duly authorized
agent shall apply, in writing, for approval of such proposed subdivision
in accordance with the following procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 10 days prior to the regular meeting of the Planning Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 197-20, for the purposes of classifications and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider or his duly authorized representative
shall attend the meeting of the Planning Board to discuss the requirements
of this chapter for street improvements, drainage, sewerage, road
names, water supply, fire protection and similar aspects, as well
as the availability of existing services and other pertinent information.
(2)
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in this chapter. The Planning Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 197-5, of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 197-6, 197-7 and 197-9. If it is classified as a major subdivision in the R Zone, outside of the SCOZ, the subdivider shall then comply with § 232-26 and the procedures outlined in Article III, §§ 197-6, 197-7 and 197-9.
[Amended 7-13-2006 by L.L. No. 5-2006]
C.
Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the purposes of this chapter and shall,
where it deems it necessary, make specific recommendations, in writing,
to be incorporated by the applicant in the next submission to the
Planning Board.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a minor subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article V, § 197-21.
(2)
All applications for plat approval for minor subdivisions
shall be accompanied by a fee as set forth from time to time by resolution
of the Town Board.
B.
Number of copies. Six copies of the minor subdivision
plat shall be presented to the Secretary of the Planning Board at
least 10 days prior to a scheduled monthly meeting of the Planning
Board.
C.
Subdivider to attend planning board meeting. The subdivider
or his duly authorized representative shall attend the meeting of
the Planning Board to discuss the minor subdivision plat.
D.
When officially submitted. The time of submission of the minor subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 197-21, of this chapter, has been filed with the Secretary of the Planning Board.
E.
Public hearing. A public hearing shall be held in accordance with § 197-8. Said hearing shall be advertised in a newspaper of general circulation in the town at least five days before such hearing.
F.
Action on minor subdivision plat. The Planning Board shall, within the time limit as determined by § 197-8, approve, modify and approve or disapprove the minor subdivision plat.
G.
Any subsequent minor subdivision of any lot previously
subdivided or created under this chapter must be submitted to the
Planning Board for approval, and the number of additional lots proposed
to be created shall be added cumulatively to the number of lots approved
within the five-year period immediately preceding the filing of the
current application for subdivision and to the number of proposed
lots in any pending application for subdivision. If the Planning Board
determines that the proposed subsequent minor subdivision plus the
earlier minor subdivision(s) approved or applied for result in a number
of lots that would constitute a major subdivision, the Planning Board
may, at its discretion, deem the current application for subdivision
to be a major subdivision and require that the current application
be subject to review and all provisions applicable to a major subdivision.
For purposes of this calculation, all subdivisions and lots derived
from the parcel that the subject lot was a part of at the beginning
of the five-year lookback period may be considered by the Planning
Board.
[Added 4-13-2006 by L.L. No. 2-2006;
amended 7-12-2018 by L.L. No. 4-2018]
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in Article V, § 197-22, hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law, and Article V, § 197-22, of this chapter, except where a waiver may be specifically authorized by the Planning Board.
(2)
The application for approval of the preliminary plat
shall be accompanied by a fee as set forth from time to time by resolution
of the Town Board.
B.
Number of copies. Six copies of the preliminary plat
shall be filed with the Secretary of the Planning Board at least 10
days prior to a regular monthly meeting of the Planning Board.
C.
Subdivider to attend planning board meeting. The subdivider
or his duly authorized representative shall attend the meeting of
the Planning Board to discuss the preliminary plat.
D.
Study of preliminary plat.
(1)
The Planning Board shall study the practicability of the preliminary plat taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Master Plan, the Official Map and Chapter 232, Zoning.
E.
When officially submitted. A preliminary plat shall not be considered submitted until a negative declaration has been filed or a notice of completion of a draft environmental impact statement has been filed. The preliminary plat application shall be accompanied by the required fee, and all data required by Article V, § 197-22, of this chapter shall be filed with the Secretary of the Planning Board.
F.
Approval of the preliminary plat.
(1)
Within the time limit as determined by § 197-8, the Planning Board shall take action to approve, with or without modifications, or disapprove such preliminary plat, and the ground of any modification required or the ground for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such time limit as determined by § 197-8 shall constitute an approval of the preliminary plat.
(2)
When granting approval to a preliminary plat, the
Planning Board shall state the conditions of such approval, if any,
with respect to the specific changes which it will require in the
preliminary plat, the character and extent of the required improvements
for which waivers may have been requested and which in its opinion
may be waived without jeopardy to the public health, safety, morals
and general welfare and the amount of improvement or the amount of
all bonds therefor which it will require as prerequisite to the approval
of the final plat. The action of the Planning Board, plus any conditions
attached thereto, shall be noted on three copies of the preliminary
plat. One copy shall be returned to the subdivider, one retained by
the Planning Board and one forwarded to the Town Board. Approval of
a preliminary plat shall not constitute approval of the final plat,
but rather it shall be deemed an expression of approval of the design
submitted on the preliminary plat as a guide to the preparation of
the plat, which will be submitted for approval of the Planning Board
and for recording upon fulfillment of the requirements of this chapter
and the conditions of the approval, if any. Prior to approval of the
final plat, the Planning Board may require additional changes as a
result of further study of the subdivision in final form or as a result
of new information obtained at the public hearing.
A.
Application for approval and fee. The subdivider shall,
within six months after the approval of the preliminary plat, file
with the Planning Board an application for approval of the final plat
in final form, using the approved application blank available from
the Secretary of the Planning Board. All applications for plat approval
for major subdivisions shall be accompanied by a fee as set forth
from time to time by resolution of the Town Board. If the final plat
is not submitted within six months after the approval of the preliminary
plat, the Planning Board may refuse to approve the final plat and
require resubmission of the preliminary plat.
B.
Number of copies. A subdivider intending to submit
a proposed final plat for the approval of the Planning Board shall
provide the Secretary of the Planning Board with a copy of the application
and three copies (one copy printed on paper, Mylar or material acceptable
to the County Clerk) of the plat, the original and one true copy of
all offers of cession, covenants and agreements and two prints of
all construction drawings at least 10 days in advance of the regular
monthly Planning Board meeting at which it is to be officially submitted.
C.
When officially submitted. A final plat shall not be considered submitted until a negative declaration has been filed or a notice of completion of a draft environmental impact statement has been filed. The final plat application shall be accompanied by the required fee and all data required by Article V, § 197-23, of this chapter shall be filed with the Secretary of the Planning Board. In addition, if the applicant elects to construct any or all required improvements [as specified in Article III, § 197-9A(2)], the Town Engineer must file a certificate with the Planning Board stating that these improvements have been satisfactorily installed before the final plat shall be considered officially submitted.
D.
Endorsement/reports of state and county agencies.
Water and sewer facility proposals contained in the final plat shall
be properly endorsed and approved by the Columbia County Department
of Health. Applications for approval of plans for sewer or water facilities
will be filed by the subdivider with all necessary town, county and
state agencies. Endorsement and approval by the Columbia County Department
of Health shall be secured by the subdivider before official submission
of the final plat. The Planning Board may also require that the applicant
submit a report from the Columbia County Soil and Water Conservation
District on the physical characteristics of the land in the subdivision,
for consideration by the Planning Board.
E.
Public hearing. A public hearing shall be held in accordance with § 197-8. If there are no substantial changes from the preliminary plat to the final plat, the public hearing may be waived in the discretion of the Planning Board.
F.
Action on proposed final plat. The Planning Board shall, within the time limit as determined by § 197-8, approve, modify and approve or disapprove the final plat. However, the final plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has complied with the provisions of § 197-9 of this Article. Failure of the Planning Board to act within such time period as determined by § 197-8 shall constitute approval of the final plat.
A.
Preliminary plats and final plats where no preliminary
plat was required 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. The time periods
for review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
B.
When the Planning Board is lead agency under the State
Environmental Quality Review Act (SEQRA), any public hearing held
by the Planning Board on a preliminary plat, on a final plat where
no preliminary plat was required or on a final plat which does not
substantially conform to an approved preliminary plat shall be coordinated
with the environmental review process as follows:
(1)
If the Planning Board determines that the preparation
of an environmental impact statement is not required, the public hearing
on the plat shall be held within 62 days after the receipt of a complete
preliminary plat; or
(2)
If the Planning Board determines that the preparation
of an environmental impact statement is required and a public hearing
on the draft environmental impact statement is held, the public hearing
on the plat and the draft environmental impact statement shall be
held jointly within 62 days after the filing of the notice of completion
of such draft environmental impact statement. If no public hearing
is held on the draft environmental impact statement, the public hearing
on the plat shall be held within 62 days of filing the notice of completion.
(3)
The hearing on the plat shall be advertised at least
once in a newspaper of general circulation in the town at least five
days before such hearing if held independently of the hearing on the
draft environmental impact statement or 14 days before a hearing held
jointly therewith. The hearing on the plat shall be completed within
120 days after it has begun.
(4)
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the plat. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the plat.
C.
If the Planning Board is not lead agency under the
State Environmental Quality Review Act, any public hearing held by
the Planning Board on a preliminary plat, on a final plat where no
preliminary plat was required or on a final plat which does not substantially
conform to an approved preliminary plat shall be coordinated with
the environmental review process as follows:
(1)
The Planning Board shall, with the agreement of the
lead agency, hold the public hearing on the plat jointly with the
lead agency's hearing on the draft environmental impact statement.
Failing such agreement, the Planning Board shall hold the public hearing
on the plat within 62 days after the receipt of a complete plat by
the Clerk of the Planning Board.
(2)
The hearing on the plat shall be advertised at least
once in a newspaper of general circulation in the town at least five
days before such hearing, if held independently of the hearing on
the draft environmental impact statement, or 14 days before a hearing
held jointly therewith. The Planning Board may provide that the hearing
be further advertised in such a manner as it deems most appropriate
for full public consideration of such plat. The hearing on the final
plat shall be completed within 120 days after it has begun.
(3)
The Planning Board shall act on the plat within 62
days after the close of the public hearing on such plat.
A.
Improvements and performance bond. Before the Planning Board grants final approval of the final plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or Subsection A(2) and (3) below.
(1)
In an amount set by the Planning Board, the subdivider
shall either file with the Town Clerk a certified check to cover the
full cost of the required improvements, or the subdivider shall file
with the Town Clerk a performance bond to cover the full cost of the
required improvements. Any such bond shall comply with the requirements
of § 277 of the Town Law and shall be satisfactory to the
Town Board and Town Engineer as to form, sufficiency, manner of execution
and surety. A period of one year (or such other period as the Planning
Board may determine appropriate, not to exceed three years) shall
be set forth in the bond within which required improvements must be
completed.
(2)
The subdivider shall complete all required improvements
to the satisfaction of the Town Engineer, who shall file with the
Planning Board a letter signifying the satisfactory completion of
all improvements required by the Planning Board. For any required
improvements not so completed, the subdivider shall file with the
Town Clerk a bond or certified check covering the costs of such improvements
and the cost of satisfactorily installing any improvement not approved
by the Town Engineer. Any such bond shall be satisfactory to the Town
Board and Town Attorney as to form, sufficiency, manner of execution
and surety.
(3)
Any fees established by the Town Board to cover the
cost of inspection of required improvements and/or the cost of engineering
or other work to assure compliance with requirements listed herein
or specified by the Planning Board shall be paid by the developer
prior to plat approval.
B.
Modification of design of improvements. If at any
time before or during the construction of the required improvements
it is demonstrated to the satisfaction of the Town Engineer that unforeseen
conditions make it necessary or preferable to modify the location
or design of such required improvements, the Town Engineer may, upon
approval by a previously delegated member of the Planning Board, authorize
modifications, provided that these modifications are within the spirit
and intent of the Planning Board's approval and do not extend to the
waiver or substantial alteration of the function of any improvements
required by the Planning Board. The Town Engineer shall issue any
authorization under this section in writing and shall transmit a copy
of such authorization to the Planning Board at its next regular meeting.
C.
Inspection of improvements. At least five days prior
to commencing construction of required improvements, the subdivider
shall pay to the Town Clerk the inspection fee required by the Town
Board and shall notify the Town Board, in writing, of the time when
he proposes to commence construction of such improvements so that
the Town Board may cause inspection to be made to assure that all
town specifications and requirements shall be met during the construction
of required improvements and to assure the satisfactory completion
of improvements and utilities required by the Planning Board.
D.
Proper installation of improvements. If the Town Engineer
shall find, upon inspection of the improvements performed before the
expiration date of the performance bond, that any of the required
improvements have not been constructed in accordance with plans and
specifications filed by the subdivider, he shall so report to the
Town Board, Building Inspector and Planning Board. The Town Board
then shall notify the subdivider and, if necessary, the bonding company,
and take all necessary steps to preserve the town's rights under the
Planning Board. No plat shall be approved by the Planning Board as
long as the subdivider is in default on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements in §§ 197-7 and 197-9 and notation to that effect upon the final plat, it shall be properly signed by the Chairman or Acting Chairman of the Planning Board. The filing and certification requirements shall be as set forth in § 276 of the Town Law.
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any final plat after approval
has been given by the Planning Board and endorsed in writing on the
plat, unless said plat is first resubmitted to the Planning Board
and such Planning Board approves any modifications. In the event that
any such final plat is recorded without complying with this requirement,
the same shall be considered null and void, and the Planning Board
shall institute proceedings to have the plat stricken from the records
of the County Clerk.
A.
Public acceptance of streets. The approval by the
Planning Board of a final plat shall not be deemed to constitute or
be evidence of any acceptance by the town of any street, easement
or other open space shown on such final plat.
B.
Ownership and maintenance of recreation areas. When
a park, playground or other recreation area shall have been shown
on a plat, the approval of said plat shall not constitute an acceptance
by the town of such area. The Planning Board shall require the plat
to be endorsed with appropriate notes to this effect. The Planning
Board may also require the filing of a written agreement between the
applicant and the Town Board covering future deed and title, dedication
and provision for the cost of grading, development, equipment and
maintenance of any such recreation area.
