Whenever any subdivision of land is proposed
and before any contract for the sale or lease of or any offer to sell
or lease any lots in such subdivision or any part thereof is made
and before any permit for the erection of any structure in such proposed
subdivision shall be granted, the subdivider or his duly authorized
agent shall apply for and secure approval of such proposed subdivision
in accordance with the plan submission and review requirements outlined
in this chapter.
The property owner or his duly authorized representative shall initially schedule an appointment with the Town Building Department to informally discuss the proposed subdivision and become familiar with the requirements of this chapter, Chapter
345, Zoning, of the Code of the Town, and other laws, ordinances, rules, regulations or policies of the Town, county and state that may be pertinent to the proposed subdivision. Discussion at the preapplication conference shall include review of both procedural and submission requirements and the technical application of the standards provided within this chapter as related to lot layout and required improvements. Finally, the Town Building Department shall classify the proposed action as either a lot improvement, natural subdivision, minor subdivision or major subdivision at the conclusion of the preapplication conference.
Following the preapplication conference, the
applicant shall submit a Town of Bethel subdivision application form
along with applicable fees.
A. Application. The application shall contain the following:
(1) Name and address of the applicant.
(2) Name, address and authorization letter from the landowner
(if different).
(3) Name and address of the surveyor or engineer preparing
the plan.
(4) Copy of the most current deed for the subject property.
(5) Tax map number and street address of the subject premises.
(6) Names of owners of abutting properties.
(7) Such other pertinent information as may be required
on a checklist to be developed and adopted by the Planning Board and
updated from time to time by resolution.
(8) Signature of the applicant.
B. Applicable fees. In accordance with the provisions of §
300-18, the applicant shall pay to the Planning Board Secretary the following:
(2) Estimate of professional comment fees, if any.
(3) Initial escrow deposit required, if any.
(4) Final inspection fees, if any.
At the preapplication conference and review, the Town Code Enforcement Officer may determine that the proposed action qualifies as a "lot improvement" or "natural subdivision." In this case, the Town Code Enforcement Officer shall use the following procedures instead of those set forth in §
300-14:
A. Lot improvements.
(1) Lot improvement exemption. Lot improvements, wherein
a parcel of land is added to an existing lot for the purpose of increasing
the size of the existing lot or a number of small lots are resubdivided
or reallotted so as to make a lesser number of larger lots, shall
be exempt from the review procedures established in this chapter,
provided that:
(a)
Any lot which would be reduced in size shall comply in all respects with the provisions of this chapter and Chapter
345, Zoning, of the Town Code; and
(b)
Three copies of the proposed plan are submitted
to the Town Code Enforcement Officer.
(2) Recording approval. The Town Code Enforcement Officer shall, within 30 days of the receipt of the lot improvement plans, determine whether they comply with the exemption criteria of Subsection
A(1). After the Town Code Enforcement Officer shall have determined that the conditions for a lot improvement exemption have been met, he shall sign the plan with the following notation: "Approval is granted for recording purposes only in accordance with §
300-13A of the Town of Bethel Subdivision of Land Law." Should the Town Code Enforcement Officer fail to act in the time provided or determine that the proposal fails to qualify for the lot improvement exemption, such plan shall be deemed to not meet the exemption criteria and shall be forwarded by the Town Code Enforcement Officer to the Planning Board for review as a subdivision in accordance with §
300-14.
(3) Plan requirements; fees. Plans submitted as lot improvements shall meet the plan requirements for sketch plans set forth in §
300-14A and shall be subject to the same schedule of fees as minor subdivisions.
B. Natural subdivisions.
(1) Natural subdivision exemption. Natural subdivisions,
wherein parcels of land are separated by a public road or by a private
road depicted on a subdivision plan approved on or after January 1,
2008, shall be exempt from the review procedures established in this
chapter, provided that three copies of a proposed natural subdivision
plan are submitted to the Town Code Enforcement Officer.
(2) Recording approval. The Town Code Enforcement Officer shall, within 30 days of the receipt of the natural subdivision plans, determine whether they comply with the exemption criteria of this Subsection
B. After the Town Code Enforcement Officer shall have determined that the conditions for a natural subdivision exist, he shall sign the plan with the following notation: "Approval is granted for recording purposes only in accordance with §
300-13B of the Town of Bethel Subdivision of Land Law." Should the Town Code Enforcement Officer fail to act in the time provided or determine that the proposal fails to qualify for the natural subdivision exemption, such plan shall be deemed to not meet the exemption criteria and shall be forwarded by the Town Code Enforcement Officer to the Planning Board for review as a subdivision.
(3) Plan requirements; fees. Plans submitted as natural subdivisions shall meet the plan requirements for sketch plans set forth in §
300-14A and shall be subject to the same schedule of fees as minor subdivisions.
Applications for minor and major subdivisions
shall require sketch plan approval. Preliminary plan approval shall
only be required for major subdivisions since they require the installation
of land improvements before final approvals.
A. Sketch plan.
(1) Submission of sketch plan. The property owner or his
duly authorized representative shall submit to the Town Building Department
a sketch plan showing existing site features, USGS topography and
a tentative layout of the proposed subdivision for purposes of classification
and preliminary discussion. A metes and bounds description of lots
shall not be required for a sketch plan.
(2) Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the objectives of this chapter and shall,
where it deems necessary, make, in writing, specific recommendations
to be incorporated by the applicant in the next submission to the
Planning Board. In its review, the Planning Board may schedule a field
visit to the site. To facilitate the inspection of the site, the subdivider
shall have the corners of the property, proposed lot corners and the
center line of any proposed streets marked by temporary stakes. The
subdivider and/or his representatives may be requested to accompany
the Planning Board during its site visit.
(3) Lot yield determination. The Planning Board shall use the sketch plan to determine the maximum number of dwellings or lots permitted under the provisions of this chapter and Chapter
345, Zoning, of the Code of the Town.
(4) SEQRA. The Planning Board shall classify the proposed
action under the requirements of SEQRA, make a designation of lead
agency status, notify (if necessary) other involved/concerned agencies
and, finally, make a declaration as to potential environmental impact,
following the procedures and time of SEQRA regulations as contained
in the New York State Environmental Conservation Law.
(5) Decision. The Planning Board may request that the
applicant modify the proposed sketch plan or it may grant sketch plan
approval to allow the application to proceed to preliminary plan approval
(major subdivisions only) or final plan approval (minor subdivisions).
B. Preliminary plan (for major subdivisions only).
(1) Preliminary plan application. After receipt of sketch plan approval, the applicant shall submit a preliminary plan based upon the concepts presented in the sketch plan for the Planning Board's review in accordance with §
300-15B.
(2) Review of the preliminary plan layout. The Planning
Board shall study this layout for completeness and adequacy under
the requirements of this chapter.
(3) Applicant to attend Planning Board meeting. The applicant
or his authorized agent shall be prepared to attend a regular meeting
of the Planning Board to discuss the preliminary plan layout and the
Planning Board's tentative conclusions on its completeness, adequacy
and suitability under this chapter.
(4) Public hearing and notice. When the preliminary layout
is found to be acceptable and complete for further review, the Planning
Board shall deem the submissions to constitute a proposed preliminary
plan, filed as of that date, and shall schedule and hold a public
hearing on the preliminary plan in accordance with § 276
of the Town Law, advertising such hearing at least once in a newspaper
of general circulation in the Town at least five days prior to the
hearing and providing such other notice as it deems appropriate. All
costs associated with providing such notice shall be borne by the
subdivider. This same public hearing may serve as the required public
hearing on SEQRA. The following additional notices shall be required,
if applicable:
(a)
Notice to property owners. Notices of public
hearing(s) shall be provided to all adjacent property owners as identified
in the latest tax assessment records of the Town, including those
for properties on the opposite side of any public or private street.
Such notice shall be given by the Town Building Department, using
certified mail, at least five calendar days in advance of such hearing.
The applicant shall provide preaddressed, stamped envelopes.
(b)
Neighboring municipality notification. Notice
shall, as required by § 239-nn of the General Municipal
Law, be given to an adjacent municipality (town or village) whenever
a public hearing is held by the Town Planning Board regarding a subdivision
review and approval on property that is within 500 feet of such adjacent
municipality. Such notice shall be given by mail to the clerk of the
adjacent municipality at least 10 days prior to any such hearing.
Such adjacent municipality may appear and be heard.
(5) County review. Applications for preliminary approval
shall, where the county has assumed such review authority, be subject
to referral to the county pursuant to §§ 239-f and
239-n of the General Municipal Law, and to adjoining municipalities
pursuant to § 239-nn of said law.
(6) Action on preliminary plan. The Planning Board shall,
by resolution, conditionally approve with or without modification,
disapprove or grant final approval and authorize signing of the preliminary
plan within the time limits specified in § 276 of the Town
Law, provided that it has first acted upon the SEQRA environmental
assessment form. The grounds for action shall be stated upon the record
of the Planning Board.
(7) Preliminary plan certification. Within five business
days of the approval of any preliminary plan, such plan shall be certified
by the Secretary as approved and a copy of the plan and approval resolution
shall be filed in the Secretary's office with a copy of the resolution
provided to the subdivider and also filed in the office of the Town
Clerk. Disapproval resolutions shall be filed and mailed in the same
manner. The grounds for modification, if any, or the grounds for disapproval
shall be stated upon the records of the Planning Board. When so approving
a preliminary plan the Planning Board shall state in writing any modifications
it deems necessary for submission of the final plan.
(8) Time to submit final plan. The subdivider, within
six months of the approval of the preliminary plan, shall submit the
plan in final form as provided herein. Preliminary plan approval shall
expire if a final plan is not submitted within six months; provided,
however, that the Planning Board may extend such period if, in its
opinion, the circumstances warrant an extension for up to two three-month
periods beyond the initial six months. The Planning Board may permit
any subdivision that received preliminary plan approval to be submitted
in sections for final plan approval. However, phasing plans may be
required.
C. Final plan.
(1) Final plan application. After receipt of sketch plan approval (minor subdivision) or preliminary plan approval (major subdivision), the applicant shall submit a final plan and required supplementary data for the proposed subdivision as outlined in §
300-15C.
(2) Applicant to attend Planning Board meeting. The applicant
or his authorized agent shall be prepared to attend a regular meeting
of the Planning Board to discuss the final plan application and the
Board's tentative conclusions on its completeness, adequacy and suitability
under this chapter.
(3) Public hearing and notice. Following receipt of a
complete final plan by the Secretary of the Planning Board, the Planning
Board shall hold a public hearing on the final plan in accordance
with § 276 of the Town Law, advertising such hearing at
least once in a newspaper of general circulation in the Town at least
five days prior to the hearing and providing such other notice as
it deems appropriate. All costs associated with providing such notice
shall be borne by the subdivider. This same public hearing may serve
as the required public hearing on SEQRA.
(a)
Notice to property owners. Notices of public
hearing(s) shall be provided to all adjacent property owners as identified
in the latest tax assessment records of the Town, including those
for properties on the opposite side of any public or private street.
Such notice shall be given by the Town Building Department, using
certified mail, at least five calendar days in advance of such hearing.
The applicant shall provide preaddressed, stamped envelopes for this
purpose.
(b)
Neighboring municipality notification. Notice
shall, as required by § 239-nn of the General Municipal
Law, be given to an adjacent municipality (town or village) whenever
a public hearing is held by the Town Planning Board regarding a subdivision
review and approval on property that is within 500 feet of such adjacent
municipality. Such notice shall be given by mail to the clerk of the
adjacent municipality at least 10 days prior to any such hearing.
Such adjacent municipality may appear and be heard.
(4) Action on final plan. The Planning Board shall, by
resolution, conditionally approve with or without modification, disapprove
or grant final approval and authorize signing of such plan within
the time limits specified in § 276 of the Town Law.
At the time an application for subdivision approval is filed, the subdivider shall pay a fee to the Town, such fee to be determined from a schedule of fees as adopted by the Town Board by resolution. Additional fees may be imposed to cover the costs of inspections, professional reviews and SEQRA compliance, as well as the expenses connected with notices and hearings, as provided by Chapter
345, Zoning, of the Code of the Town.