A.
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.
B.
The application shall be submitted, signed and acknowledged
by the legal owner of record or equitable contract owner(s) of all
rights to the real property in the entire area to be included within
the subdivision.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Director of the Planning Board, at least 10 days prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 188-19, for the purposes of classification 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 these regulations for street improvements, drainage, sewerage,
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 a major subdivision, as defined in these regulations. The 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, §§ 188-5, 188-9 and 188-11, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 188-6, 188-7, 188-9, 188-10 and 188-11.
C.
Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the purposes of these regulations 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 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, § 188-20A.
(2)
All applications for plat approval for minor subdivisions
shall be accompanied by payment of the fee set forth in the schedule
of fees established from time to time by resolution of the Town Board
and on file in the offices of the Town Clerk and Director of the Planning
Board.
B.
Number of copies. Five copies of the subdivision plat
shall be presented to the Director of the Planning Board at the time
of submission of the subdivision plat.
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 subdivision plat.
D.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 188-20, of these regulations, has been filed with the Director of the Planning Board. Should the Planning Board determine that the plat is incomplete, it shall be returned to the applicant with the deficiencies noted.
E.
Public hearing. A public hearing shall be held by
the Planning Board within 62 days from the time of submission of a
subdivision plat for approval. Said hearing shall be advertised in
a newspaper of general circulation in the town at least five days
before such hearing.
[Amended 5-8-1997 by L.L. No. 4-1997]
F.
Action on subdivision plat
(1)
The Planning Board shall, within 62 days from the
date of the public hearing, act to conditionally approve, conditionally
approve with modification, disapprove or grant final approval and
authorize the signing of the subdivision plat. This time may be extended
by mutual consent of the subdivider and the Planning Board. Also,
the time in which the Planning Board must act shall be automatically
extended as required until the SEQR process has been completed. Failure
of the Planning Board to act within such sixty-two-day period, except
as noted above, shall constitute approval of the plat.
[Amended 5-8-1997 by L.L. No. 4-1997]
(2)
Upon granting conditional approval, with or without
modification, to the plat, the Planning Board shall empower a duly
authorized officer to sign the plat upon compliance with such conditions
and requirements as may be stated in its resolution of conditional
approval. Within five days of the resolution granting conditional
approval, the plat shall be certified by the Director of the Planning
Board as conditionally approved and a copy filed in the Director's
office and a certified copy mailed to the subdivider. The copy mailed
to the subdivider shall include a certified statement of such requirements
which, when completed, will authorize the signing of the conditionally
approved plat. Upon completion of such requirements, the plat shall
be signed by the duly designated officer of the Planning Board. Conditional
approval of a plat shall expire 180 days after the date of the resolution
granting such approval unless the requirements have been certified
as completed within that time. The Planning Board may, however, extend
the time within which a conditionally approved plat may be submitted
for signature if, in its opinion, such extension is warranted in the
circumstances, for not to exceed two additional periods of 90 days
each.
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 approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in Article V, § 188-21, of these regulations, except where a waiver may be specifically authorized by the Planning Board. 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, § 188-21, of these regulations, 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 set forth in the schedule of fees established
from time to time by resolution of the Town Board and on file in the
offices of the Town Clerk and Director of the Planning Board.
B.
Number of copies. Seven copies of the preliminary
plat shall be presented to the Director of the Planning Board at the
time of submission of the preliminary plat.
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. 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 lands 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 Zoning Regulations,
if such exist.[1]
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article V, § 188-21, of these regulations, has been filed with the Director of the Planning Board. Should the Planning Board determine that the plat is incomplete, it shall be returned to the applicant with the deficiencies noted.
F.
Approval of the preliminary plat.
(1)
Within 62 days after the time of submission of a complete
preliminary plat to the Director of the Planning Board, the Planning
Board shall hold a public hearing, which hearing shall be advertised
at least once in a newspaper of general circulation in the town at
least five days before such hearing. The Planning Board may provide
that the hearing be further advertised in such manner as it deems
most appropriate for full public consideration of such preliminary
plat. Within 62 days after the date of such hearing, the Planning
Board shall approve with or without modification or disapprove such
preliminary plat, and the grounds of a modification, if any, or the
grounds for disapproval shall be stated upon the records of the Planning
Board. The time in which the Planning Board must take action on such
plat may be extended by mutual consent of the subdivider and the Planning
Board. Also, the time in which the Planning Board must take action
shall be automatically extended as required until the SEQR process
has been completed. When so approving a preliminary plat, the Planning
Board shall state, in writing, modifications, if any, as it deems
necessary for submission of the plat in final form. Within five days
of the approval of such preliminary plat, it shall be certified by
the Director of the Planning Board as granted preliminary approval
and a copy filed in his/her office and a copy of the resolution shall
be mailed to the owner. Failure of the Planning Board to act within
such sixty-two-day period, except as noted, shall constitute approval
of the preliminary plat.
[Amended 5-8-1997 by L.L. No. 4-1997]
(2)
When granting approval to a preliminary plat, the
Planning Board shall state the terms of such approval, if any, with
respect to the modifications to 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 subdivision plat.
Approval of a preliminary plat shall not constitute approval of the
subdivision 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 these regulations. Prior to approval of the subdivision 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 subdivision
plat in final form, using the approved application blank available
from the Director of the Planning Board. All applications for plat
approval for major subdivisions shall be accompanied by the fees established
from time to time by resolution of the Town Board and on file in the
office of the Town Clerk and the office of the Director of the Planning
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. In addition to the fees set forth above, the developer shall
pay the town for all engineering costs required for review of the
subdivision plat and all fees for inspection of the project.
B.
Number of copies. A subdivider intending to submit
a proposed subdivision plat for the approval of the Planning Board
shall provide the Director of the Board with a copy of the application
and three copies (one copy in ink on Mylar) of the plat; the original
and one true copy of all offers of cession, covenants and agreements;
and two prints of all construction drawings.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 188-22, of these regulations, has been filed with the Director of the Planning Board. Should the Planning Board determine that the plat is incomplete, it shall be returned to the applicant with the deficiencies noted.
D.
Endorsement of state and county agencies.
(1)
Water and sewer facility proposals contained in the
subdivision plat shall be properly endorsed and approved by the Rensselaer
County Department of Health and, where applicable, the New York State
Department of Environmental Conservation. 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 Rensselaer County Department of Health and, where
applicable, the New York State Department of Environmental Conservation
shall be secured by the subdivider before final approval of the subdivision
plat.
(2)
For subdivisions which are not under the jurisdiction
of the Rensselaer County Health Department, on-site sanitation and
water supply facilities shall be designed to meet the minimum specifications
of the Rensselaer County Health Department, and a note to this effect
shall be stated on the plat and signed by a licensed engineer.
E.
Public hearing. Within 62 days of the submission of a complete plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 188-6 of this article and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.
[Amended 5-8-1997 by L.L. No. 4-1997]
F.
Action on proposed subdivision plat. The Planning
Board shall, by resolution, conditionally approve, conditionally approve
with or without modification, disapprove or grant final approval and
authorize the signing of such plat within 62 days after the date of
such hearing. This time may be extended by mutual consent of the subdivider
and the Planning Board. Failure to take action on a final plat within
the time prescribed therefor shall be deemed approval of the plat.
Upon resolution of conditional approval of such final plat, the Planning
Board shall empower a duly authorized officer to sign the plat upon
completion of such requirements as may be stated in the resolution.
Within five days of such resolution, the plat shall be certified by
the Director of the Planning Board as conditionally approved and a
copy filed in his/her office and a copy of the resolution shall be
mailed to the subdivider. The copy of the resolution mailed to the
subdivider shall include a statement of such requirements which, when
completed, will authorize the signing of the conditionally approved
final plat. Upon completion of such requirements, the plat shall be
signed by said duly authorized officer of the Planning Board. Conditional
approval of a final plat shall expire 180 days after the date of the
resolution granting final approval, unless the requirements have been
certified as completed within that time. The Planning Board may, however,
extend the time within which a conditionally approved plat may be
submitted for signature if, in its opinion, such extension is warranted
in the circumstances, for not to exceed two additional periods of
90 days each.
[Amended 5-8-1997 by L.L. No. 4-1997]
A.
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) 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 further shall be satisfactory
to the Town Board and Town Attorney 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 time required
improvements must be completed.
(2)
The subdivider shall complete all required improvements
in accordance with the Town Subdivision Regulations and Design and
Construction Standards and 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 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 costs of satisfactorily installing any improvements 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)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such a map is submitted.
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 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.
D.
Proper installation of improvements.
(1)
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 the Design and Construction Standards and the 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
bond. 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 §§ 188-7 and 188-8 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 30 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.
B.
Plat void if revised after approval. 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, unless said plat is first resubmitted to the Planning
Board and such Board approves any modifications. In the event that
any such subdivision plat is recorded without complying with this
requirement, the same shall be considered null and void, and the 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 subdivision 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 subdivision plat.
B.
Ownership and maintenance of recreation areas.
(2)
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.
The Planning Board may require an applicant
for any review, permit or approval to deposit in escrow an amount
established by the Planning Board to pay for the fees and/or costs
of any engineer, consultant or attorney designated by the Planning
Board to review such application. The fees and/or costs charged by
such engineer, consultant or attorney in connection with such review
will be charged against the sum deposited in escrow. Any amount remaining
shall be returned to the applicant within 45 days of final action
on the application.
