Whenever any subdivision of land is proposed,
or before any contract for the sale of or lease of any lots in such
subdivision or any part thereof is made, or before any preparation
for improvements, any nonagricultural clearing or grading or any permit
for the erection of any structure in such proposed subdivision shall
be granted, the subdivider or his duly authorized agent shall submit
a conceptual or sketch plan of such proposed subdivision in accordance
with the following procedures:
A.
When partial subdivision of a larger parcel is proposed,
the Planning Board may require a conceptual plan of further development
of the remainder of the parcel where concerns of the general pattern
of development, access or road development must be addressed.
B.
In consideration of subdivision applications, the
Planning Board may require that existing violations of the Zoning
Law, or other development laws and regulations, related to the subject
parcel be remedied before review or approval of such application.
C.
Reimbursable costs. Reasonable costs incurred by the Planning Board for private consultation fees, fees for technical and engineering services, legal fees, or other expenses in connection with the review of an application for a subdivision of land shall be charged to the applicant. Such reimbursable costs may be in addition to the fee required in § 202-14 below when subdivisions raise unique issues outside the Planning Board's normal experience. The Planning Board shall make a reasonable estimate of the amount of expenses that it expects to incur during the course of each application for subdivision of land. The applicant shall deposit the amount so determined by the Planning Board in escrow with the Town Clerk prior to the Planning Board's commencing any review of the application. If the amount so deposited is exhausted or diminished to the point that the Planning Board determines that the remaining amount will not be sufficient to complete the review of the application, then the Planning Board shall notify the applicant of the additional amount that must be deposited with the Town Clerk. If the applicant fails to replenish the escrow account or there are unpaid amounts for which the applicant is responsible pursuant to this provision, the Planning Board, at its discretion, may cease review of the application until such amounts are paid or deny the application. In no event, however, shall any subdivision of land approval be made until all such sums have been paid in full.
[Added 11-6-2012 by L.L. No. 4-2012]
A.
The Clerk of the Planning Board may decide whether
the optional step of preapplication review or an appointment will
be necessary. The property owner, or his duly authorized representative,
shall either submit a plan for initial review or schedule an appointment
with the Clerk and/or the consultant of the Planning Board to informally
discuss the proposed subdivision and become familiar with the requirements
of these regulations, the Town of Woodstock Zoning Law and other laws,
ordinances, rules, regulations or policies of the Town of Woodstock,
County of Ulster, or State of New York that may be pertinent to the
proposed subdivision. Any request for preapplication review or conference
shall be accompanied by the applicable fee (in accordance with the
established subdivision fee schedule).
B.
Review or discussion at the preapplication conference
shall include review of both procedural and submission requirements
and the technical application of the standards provided within the
regulations as related to lot layout and required improvements. This
is an optional step in review of subdivisions and shall not constitute
an application nor initiate any time periods for review, hearing or
approval as described below. When, in the judgment of the Clerk or
consultant of the Planning Board, sufficient conceptual information
has been presented, the application will be scheduled for sketch plat
review by the Planning Board.
A.
Submission of sketch plat. The property owner, or
his duly authorized representative, shall submit to the Clerk of the
Planning Board at least 14 calendar days prior to the regular meeting
of the Planning Board a subdivision plat application and four copies,
or more, as determined by the Clerk of the Planning Board, of a sketch
plat or conceptual plan of the proposed subdivision for purposes of
classification and preliminary discussion. An application shall be
scheduled for preliminary review if the Planning Board determines
that the plat and application materials conform substantially to the
submission requirements included in these regulations and the layout
is an acceptable design.
B.
Classification and designation. Classification of the sketch plat as a minor, minor with a road or major subdivision as defined in these regulations shall be made at this time by the Planning Board. The purpose of classification of the subdivision is to determine the procedure to be followed for application, review and approval of such applications. The Planning Board may require, when it deems 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 plat is classified as a minor subdivision or a minor subdivision with a road, the subdivider shall then comply with the procedure outlined in Article V, § 202-16 of these regulations and any procedures in §§ 202-17 and 202-18 that the Planning Board deems necessary. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article V, §§ 202-17 and 202-18. The Planning Board shall, based upon information provided by the applicant, also designate the name by which the subdivision shall be known. Classification of roads and subsequent determination of road specifications for construction are determinations that are separate and distinct from the classification of a subdivision. Information regarding road classification is provided in Article IV and Article VII, § 202-32E(1).
C.
Study of sketch plat.
(1)
The Planning Board shall determine whether the sketch
plat meets the objectives of these regulations and shall, where necessary,
make specific written recommendations to be incorporated in the next
submission. In its review, the Board may schedule a field visit to
the site. To facilitate inspection of the site, the subdivider may
be required to mark the corners of the property, proposed lot corners,
the location of buildings and subsurface disposal systems (septics),
and the center line of any proposed roads by temporary stakes. The
subdivider may be requested to accompany the Board during its site
visit.
(2)
Sketch plat review does not allow filing of a plat
with the County Clerk or authorize the sale or lease of, or any offer
to sell or lease, any lots in such subdivision or any part thereof.
D.
Payment of application fee. Any application for plat approval for subdivision shall be accompanied by the applicable fee (in accordance with the subdivision fee schedule established and annually reviewed by the Town Board). A copy of said fee schedule shall be available from the Clerk of the Planning Board. Payment of recreation fees shall be made at the time of minor subdivision approval and at final major subdivision approval according to the fee schedule [refer to Article VII, § 202-29B(3)].
A.
Application. Within six months of the classification by the Planning Board of the sketch plat of a proposed subdivision as a minor subdivision or a minor subdivision with a road, the property owner, subdivider or his duly authorized representative shall submit a complete subdivision application. The plat shall conform to the layout shown on the sketch plat plus any modifications required by the Planning Board. Said applications shall also conform to the requirements listed in Article VIII, § 202-34 of these regulations.
B.
Number of copies. The application for approval of a minor subdivision plat, complete with six copies or more as determined by the Clerk of the Planning Board of the subdivision plat and all further required data specified within Article VIII, § 202-34, shall be filed with the Clerk of the Planning Board at least 14 days prior to the regular meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The owner,
subdivider, or his duly authorized representative shall attend meetings
of the Planning Board to discuss the minor subdivision plat.
D.
Approval procedure.[1]
(2)
The Planning Board shall conduct a public hearing
on the minor subdivision plat and act thereon in accordance with Town
Law § 276, Subdivision 6. Notice of the public hearing shall
be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing. A copy of said
notice shall also be mailed to all contiguous property owners by the
Clerk of the Planning Board at least 10 days before the opening of
such hearing. A list of contiguous property owners shall be obtained,
by the applicant, from the current tax rolls and supplied to the Clerk
of the Planning Board along with addressed, stamped, business-sized
envelopes for this purpose. Where appropriate, the Planning Board
may, at its discretion, request that the list of contiguous property
owners include those along any right-of-way (ROW) that will be affected
by the subdivision.
(3)
Upon approval, recreation fees and any and all outstanding
fees and escrow charges shall be paid according to the fee schedule
prior to the signing of the plat.
(4)
Upon a resolution of approval, a linen or mylar and
six copies of the subdivision plat or more copies as determined by
the Clerk of the Planning Board shall be provided by the applicant
and properly signed by the Chairman of the Planning Board. The subdivision
plat, related deeds, road maintenance agreements and other agreements
pertaining to the common use of improvements shall then be filed by
the applicant in the office of the Ulster County Clerk. In addition,
the Clerk of the Planning Board shall file a copy of the signed subdivision
plat in the office of the Town Clerk.
E.
Expiration of approval.
(1)
Any minor subdivision plat and related documents not filed or recorded, as described in Subsection D(4) above, within 62 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. The Planning Board may, upon written request within six months of the date of approval, and upon payment of a fee equivalent to the preapplication review fee, authorize the Chairman of the Planning Board to re-sign the subdivision plat without additional review being required.[2]
(2)
After the aforementioned six-month period has expired,
any further action shall require submission of a new application,
payment of a new filing fee and Planning Board review of all previous
findings. On and after such expiration of plat approval, any formal
offers of cession of land or improvements submitted by the subdivider
shall be deemed to be invalid, void, and of no effect.
(3)
If approval with modifications, that is, conditional
approval, is granted, the Planning Board may review the plat for compliance
or shall empower the Chairman of the Board to sign the plat upon compliance
with such conditions and requirements as may be stated in its resolution
of approval with modifications. Approval of a plat with modifications
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, for a period not to
exceed two additional periods of 90 days each.
A.
Preliminary plat submission. Within six months of the classification by the Planning Board of the sketch plat of a proposed subdivision as a major subdivision, the property owner, or his duly authorized representative, shall file a complete application for consideration with a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form and include all the data prescribed by Article VIII, § 202-35 of these regulations. The preliminary plat shall, in all respects, comply with the requirements of §§ 276 and 277 of the Town Law and these regulations, except where a waiver of any specific requirement may be specifically requested from, and authorized by, the Planning Board according to Article X hereof.
B.
Purpose.
(1)
The preliminary plat and the supporting documents
for a proposed subdivision constitute the material to be officially
submitted to the Planning Board. The preliminary plat and supporting
documents shall show the layout of the subdivision and public improvements,
so that the Planning Board can indicate approval or disapproval of
the subdivision prior to the time that the final plat, including the
final engineering design and detailing of the public improvements
and utilities, is completed. Approval of the preliminary plat does
not constitute an approval of the final plat, nor should it be considered
a valid basis for the construction of site improvements or other commitments
which depend upon final design characteristics.
(2)
The preliminary layout shall additionally serve as
a key map to subdivisions subsequently laid out in sections or phases
on final plats.
C.
Number of copies. The application for approval of
the preliminary plat, complete with six copies of the preliminary
plat or more as determined by the Clerk of the Planning Board, shall
be filed with the Clerk at least 14 calendar days prior to the regular
meeting of the Board.
D.
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.
E.
Study of preliminary plat. The Planning Board shall
study the practicality of the preliminary plat and shall consider
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 roads, their relationship to the topography
of the land, water supply, sewage disposal, drainage, lot sizes and
configuration, open space land, the future development of lands as
yet unsubdivided, environmental concerns and the requirement of environmental
review, the Comprehensive Plan, Official Map, if one exists, and Zoning
Law.[1]
F.
Approval procedure.
(3)
Notice of the public hearing shall be advertised at
least once in the official newspaper(s) of general circulation in
the Town at least five days before such hearing. A copy of said notice
shall also be mailed to all contiguous property owners by the Clerk
of the Planning Board at least 10 days before the opening of such
hearing. A list of contiguous property owners shall be obtained, by
the applicant, from the current tax rolls and supplied to the Clerk
of the Planning Board along with addressed, stamped, business-sized
envelopes for this purpose. Where appropriate, the Planning Board
may, at its discretion, request that the list of contiguous property
owners include those along any right-of-way (ROW) that will be affected
by the subdivision.
(4)
Submission of final plat; modifications of preliminary
plat.[3]
(a)
A final plat shall be submitted within 180 days
after preliminary approval as described below.
(b)
When approving a preliminary plat, the Planning
Board shall state the modifications or conditions, if any, it deems
necessary with respect to the specific changes which it will require
in the preliminary plat, the extent of requested waivers which in
the Planning Board's opinion may be authorized without jeopardy to
the public health, safety and general welfare, and the categories
of improvement and the amount of all bonds or similar performance
guarantees which the Planning Board shall require as a requisite to
approval of the final plat. The action of the Planning Board plus
any modifications or conditions attached thereto may be provided in
writing or recorded in the minutes of the meeting at which the plat
is approved. During review and prior to the 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.
B.
Partial development. If desired by the subdivider,
the final plat may consist only of that portion of the approved preliminary
plat which is proposed for recording and development at the time.
Such portion shall conform to all applicable requirements of these
regulations. The preliminary plat approval resolution shall specifically
delineate the sequence of contiguous subdivision sections which shall
be submitted for approval.
C.
Purpose. The final plat and the supporting documents
for a proposed subdivision constitute the complete subdivision proposal.
After public hearing, if required, and approval by the Planning Board,
this complete submission, including the applicable performance guarantee
and the general liability insurance policy, as approved by the Town
Board, becomes the basis for the development of the subdivision, the
installation of required improvements and the applicable inspection
services by the Planning Board, the designated Town Engineer or other
delegated Town officials.
D.
Number of copies. The application for approval of
the final plat, complete with six copies of the final plat or more
as determined by the Clerk of the Planning Board, shall be filed with
the Clerk at least 14 calendar days prior to the regular meeting of
the Planning Board.
E.
Approval procedure.
(2)
The Planning Board shall conduct a public hearing, if required, on the final subdivision plat and act thereon in accordance with Town Law § 276, Subdivision 6. Such hearing shall be advertised at least once in the official newspaper(s) of general circulation in the Town at least five days before such hearing, and notice additionally shall be mailed to contiguous property owners at least 10 days before such hearing. A list of contiguous property owners shall be obtained, by the applicant, from the current tax rolls and supplied to the Clerk of the Planning Board along with addressed, stamped, business-sized envelopes for this purpose. Where appropriate, the Planning Board may, at its discretion, request that the list of contiguous property owners include those along any right-of-way (ROW) that will be affected by the subdivision. If the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved under § 202-17 of this article and modified in strict accordance with the modifications, conditions or requirements of such approval, the Planning Board may waive by resolution the requirement for such public hearing.[2]
(3)
Fees and charges; conditional approval.[3]
(a)
Upon approval, recreation fees and any and all
outstanding escrow charges shall be paid according to the fee schedule.
(b)
If approval with modifications, that is conditional
approval, is granted, the Planning Board may review the plat for compliance
or shall empower the Chairman of the Board to sign the plat upon compliance
with such conditions and requirements as may be stated in its resolution
of approval with modifications. Approval of a plat with modifications
shall expire 180 days after the date of the resolution granting such
approval unless the requirements have been certified by the Planning
Board as completed within that time. Upon specific request by the
applicant, 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, for a time not to exceed
two additional periods of 90 days each.
F.
Final approval and filing. Upon completion of the requirements in this section and Articles VI and VII and notation to that effect upon the subdivision plat, the subdivision plat shall be deemed to warrant final approval. A linen or mylar and six copies, or more as determined by the Clerk of the Planning Board, that are provided by the applicant shall be properly signed by the Chairman of the Planning Board upon receipt of notification that the required performance guarantee and insurance have been approved by the designated Planning Board Attorney and filed with the Town Clerk. The final plat, related deed(s), road maintenance agreements and other agreements pertaining to the common use of improvements shall then be filed by the applicant in the office of the Ulster County Clerk. In addition, the Clerk of the Planning Board shall file a copy of the signed subdivision plat in the office of the Town Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any road, or other land, shown as offered for cession to public use.
G.
Expiration of approval.
(1)
The approval of a final plat shall expire 62 days
after the date of the Planning Board resolution authorizing the Chairman
of the Planning Board to sign the drawings, unless filing of the plat,
and related documents, or a section thereof, as may be authorized
by the Board, is accomplished within that time period in the office
of the Ulster County Clerk in accordance with § 279 of the
Town Law. The Planning Board may, upon written request within 30 days
of expiration of approval, and upon payment of a fee equivalent to
the preapplication review fee, authorize the Chairman of the Planning
Board to re-sign the subdivision plat without additional review required.[4]
(2)
Expiration of an approval shall mean that any further
action shall require submission of a new application, payment of a
new filing fee and Planning Board review of all previous findings.
On and after such expiration of plat approval, any formal offers of
cession submitted by the subdivider shall be deemed to be invalid,
void, and of no effect.
H.
Filing in sections. At the time of final plat approval,
the Planning Board may permit the plat to be divided into two or more
sections subject to any modifications or conditions the Board deems
necessary to ensure orderly development. In accordance with § 276
of the Town Law, the applicant may file a section of the approved
plat with the Ulster County Clerk, which section shall consist of
not less than 10% of the total number of lots shown on the approved
plat. In this circumstance, preliminary plat approval on the remaining
sections of the plat shall continue in effect for a period of three
years from the filing date of the first section with the County Clerk.
When a plat is filed by section with the County Clerk, the applicant
shall, within 30 days, file with the Town Clerk the entire approved
preliminary plat. The subdivider shall not be permitted to begin construction
of buildings in any other section until such section has received
final approval by the Planning Board and such final plat has been
filed in the office of the Ulster County Clerk and the required improvements
have been installed and approved in such section or a satisfactory
performance guarantee covering the cost of such improvements has been
posted.
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. Notice shall also be provided
to the County Planning Board if required by § 239-n of the General
Municipal Law.
A.
Upon the posting of a satisfactory performance guarantee or upon certification of the completion or installation of all required improvements to the satisfaction of the Town Board, in accordance with Article VI, § 202-23 of these regulations, and upon Planning Board approval of the final plat, the subdivider, or his successor in title, may be issued building permits for the construction of buildings in accordance with the approved subdivision plat, the Town's Zoning Law and other applicable laws, rules and regulations.
B.
In instances where building permits have been authorized upon the posting of a satisfactory performance guarantee, the subdivider or his successor in title may be subsequently issued certificates of occupancy for any buildings constructed in the subdivision only upon completion of all required improvements to Town standards and upon certification of such as required in Article VI, § 202-23 of these regulations.
