Before beginning work on a minor subdivision
application, a subdivider shall make an appointment with the Planning
Administrator to discuss the proposed subdivision, zoning requirements,
expected timetables for approval, etc.
A.
Submission requirements. The subdivider shall submit
to the Planning Administrator:
(2)
A completed subdivision application.
B.
Contents of the concept plan. The concept plan shall
be a scale drawing, and other supporting documentation which contains
the following:
(1)
A site map showing:
(a)
The subdivision name or title, if any; the scale,
which shall be no less than one inch equals 100 feet; North direction,
which shall be oriented toward the top of the plan; the plan date;
and the label "Concept Plan."
(b)
The subdivision boundaries and the owners of
all contiguous properties.
(c)
The zoning classification and tax map number(s)
of the property to be subdivided.
(d)
The total acreage of the subdivision, the number
and dimensions of lots, including lot width, depth, and acreage or
square footage of every proposed lot.
(e)
All streets, either mapped or built, adjacent
to the tract.
(f)
All existing restrictions on the use of land,
including easements and covenants.
(g)
All existing structures, wooded areas, watercourses,
slopes of 12º or greater and other significant physical features
within the part to be subdivided and within 200 feet of the proposed
subdivision's boundaries.
(h)
The building envelope, which is determined by
showing all the yard and other applicable setbacks in which proposed
structures may be built.
(i)
If applicable, the location and required setbacks
from watercourses, wetlands, angle of repose reserves, protected slope
reserves and the one-hundred-year floodplain.
(j)
Contours with intervals of not more than 20
feet. A copy of the New York State Department of Transportation quadrangle
map depicting the area of the proposed subdivision is adequate for
the concept submission.
C.
Waiver of submission requirements. The Planning Board
may waive, upon the request of the applicant, any of the above submission
requirements if the Planning Board determines that such requirement
is not necessary or appropriate for review of the subdivision.
D.
Review by the Planning Administrator. The Planning
Administrator will review the concept plan and assure that all submissions
requirements have been met. After this review, the Planning Administrator
will place the proposed concept plan on the next available Planning
Board and Guilderland Conservation Advisory Council agendas.
E.
Guilderland Conservation Advisory Council Review (GCAC).
The subdivider shall attend a meeting of the GCAC to discuss the concept
plan. The Planning Administrator shall inform the applicant, in writing,
of the date and time of the meeting. The GCAC will review the concept
plan for any environmental and related concerns and forward its recommendations
to the Planning Board prior to final approval.
F.
Review by the Town staff. The Town Planning Consultant
and interested department representatives will review the concept
plan for compliance with Town regulations, and adherence to sound
planning, building and engineering practices. They shall forward their
comments to the Planning Board prior to concept review.
G.
Planning Board review and recommendation.
(1)
The subdivider shall attend a Planning Board meeting
to discuss the concept plan. The applicant will be notified, in writing,
of the date and time of this meeting.
(2)
The Planning Board shall determine whether the concept
plan meets the purposes of these regulations and may, where it deems
necessary, make specific recommendations, based on:
(3)
If the proposed subdivision does not meet the minimum standards and requirements of Chapter 280, Zoning, the subdivider must either revise the proposal to bring it into compliance with Chapter 280, Zoning, or make application to the Zoning Board of Appeals for a variance in accordance with the provisions of § 280-51 of Chapter 280, Zoning. The proposed subdivision must be in compliance with all requirements of Chapter 280, Zoning, before the concept can receive approval.
(4)
The Planning Board may, because of unique environmental or topographic conditions, appoint a Town-designated engineer to review and inspect any minor subdivision, in accordance with § 247-15 of this chapter.
(5)
The Planning Board may, after review of the concept plan, determine that a minor subdivision, due to particular environmental, topographic, engineering or other unique circumstances, should be reviewed by the criteria of a major subdivision. In that event, the proposed subdivision shall be subject to the requirements and standards of a major subdivision as detailed in Article IV of this chapter, but shall remain a minor subdivision for the determination of subdivision fees.
(6)
The approval of a concept plan shall constitute approval
of the proposed subdivision as to the general character and layout
of development. The Planning Board, however, reserves the right to
amend its determination if planning, environmental, engineering or
other new data warrants the redesign of the project.
H.
Waiver for lot line amendments.
[Added 3-3-1998 by L.L. No. 4-1998]
(1)
An applicant may request that the subdivision process
be waived when a proposed subdivision:
(2)
To request such waiver, the applicant shall complete the subdivision application, submit a concept plan in accordance with Subsection B, pay the required application fee and submit a narrative explaining the proposed subdivision.
(3)
When such a waiver is requested, a review committee
comprised of the Town Planner, Chief Building Inspector and Zoning
Coordinator and Planning Board Chairman shall approve or deny the
waiver request. Approval may be granted when it is unanimously determined
that such lot amendment would not: adversely affect the site's development;
adversely impact neighboring properties; alter the essential character
of the neighborhood nor negatively impact the health, safety or welfare
of Town residents.
(4)
If the waiver is granted, the applicant shall file a surveyed map of the subdivision with the Albany County Clerk and the Town Planning Department in accordance with § 247-10.
(5)
If the waiver is granted, the review committee shall
send a report of its findings to the applicant and the Planning Board.
I.
Waiver of the final hearing.
[Added 3-3-1998 by L.L. No. 4-1998]
(1)
After the concept review, the Planning Board may waive
the final hearing requirements for a minor subdivision when:
(a)
The resultant lots are equal to or exceed the
minimum zoning requirements;
(b)
There are no unique environmental characteristics
on the proposed site such as slopes, wetlands, watercourses or floodplains;
(c)
There is no extension of public improvements;
(d)
The subdivision would not alter the essential
character of the neighborhood or negatively impact the health, safety
or welfare of Town residents; and
(e)
The Board is satisfied that there is no additional
information needed to render a determination.
A.
Submission requirements. Within six months of the
approval of the concept plan, the subdivider shall submit to the Planning
Administrator:
B.
Contents of the final plat. The final plat shall be
prepared by a licensed engineer or licensed land surveyor and contain
the following information:
(1)
A site map showing:
(a)
The subdivision name or title; the scale, which
shall be no less than one inch equals 100 feet; North direction, which
shall point toward the top of the plat; plan date; and the label "Final
Plat."
(b)
The name and address of the owner, subdivider
and engineer or licensed land surveyor, including license number,
seal and signature.
(c)
Land survey showing dimensions, bearings and
angles of all property lines and boundaries.
(d)
The owners of all contiguous property and the
names of adjoining developments, if applicable.
(e)
The zoning classification and tax map number
of the property to be subdivided.
(f)
The proposed pattern of lots, including lot
width, depth, and acreage or square footage of every proposed lot.
(g)
The addresses of the proposed lots as assigned
by the Assessor's office.
(h)
All streets, either mapped or built, adjacent
to the tract and the right(s)-of-way width thereof.
(i)
The building envelope showing required setbacks
in which proposed structures may be built.
(j)
If applicable, the location and required setbacks
from watercourses, wetlands, angle of repose reserves, protected slope
reserves and the one-hundred-year floodplain, surveyed and delineated
by a licensed engineer or land surveyor. All federal wetlands delineations
must be approved by the Army Corps of Engineers, and all New York
State wetland delineations must be approved by the New York State
Department of Environmental Conservation.
[Amended 2-6-1996]
(k)
The location of all existing and proposed wells
and septic systems, if known.
(l)
All existing buildings, wooded areas, streams
and other significant physical features within the part to be subdivided
and within 200 feet.
(m)
All existing restrictions on the use of land,
including easements and covenants.
(n)
Any other information as required by the Planning
Board.
C.
Waiver of submission requirements. The Planning Board
may waive, upon the request of the applicant, any of the above submission
requirements if the Planning Board determines that such requirement
is not necessary or appropriate for review of the subdivision.
D.
Referrals.
(1)
Review by Albany County Planning Board.
(a)
In accordance with § 239-n of the
General Municipal Law, if any subdivision is within 500 feet of a
Town boundary; the boundary of any existing or proposed county or
state park or other recreation area; the right-of-way of any existing
or proposed county or state parkway, thruway, expressway, street or
highway; the existing or proposed right-of-way of any stream or drainage
channel owned by the county or for which the county has established
channel lines; or the existing or proposed boundary of any county-
or state-owned land on which a public building or institution is situated,
the Planning Administrator shall refer such application to the Albany
County Planning Board for review and report.
(b)
Within 30 days of receipt of such notification,
the Albany County Planning Board shall report to the Town on its approval
or disapproval, or on its approval subject to stated conditions, of
the proposed subdivision plat. If the county planning agency disapproves,
or recommends modification of such a proposed subdivision plat, the
Planning Board shall not in approving the final plat, act contrary
to such disapproval or recommendation or modification except by a
vote of a majority plus one of all the members thereof and after the
adoption of a resolution fully setting forth the reasons for such
contrary action.
(2)
Highway Superintendent. The subdivider is required
to arrange an on-site meeting with the Town Highway Superintendent
to discuss all street right-of-way improvements. No certificate of
occupancy will be issued until all required improvements have been
made.
(3)
Access to county highways. The subdivider shall obtain
written permission from the Director of the Albany County Department
of Public Works when a curb cut onto a county highway is necessary.
(4)
Access to state highways. The subdivider shall obtain
written permission from the New York State Department of Transportation
when a curb cut onto a state highway is necessary.
(5)
Extension of a water or sewer district. If a proposed
subdivision requires the extension of a water or sewer district, the
subdivider shall initiate an application for the extension by submitting
a map, plan and report to the Superintendent of Water and Wastewater
Management and to the Town Attorney as directed by the Planning Administrator.
E.
Hearing and notices.
(1)
The Planning Administrator will review the final plat
to determine if it meets the submission requirements as set forth
in these regulations. Once all the submission requirements are met,
the Planning Administrator shall schedule a public hearing on the
final plat before the Planning Board.
(2)
The Planning Board shall hold a public hearing, with notice as provided in § 280-50, on the final plat within 45 days from the date a complete application is received by the Planning Administrator. Notice of such hearing shall be published in an official newspaper of the Town at least 10 days prior to the date of the hearing.
[Amended 5-17-2022 by L.L. No. 4-2022]
(3)
All plans and supporting documentation shall be on
file with the Planning Administrator a minimum of 10 days prior to
an advertised public hearing before the Planning Board.
(4)
The publication and mailing of such notice of public
hearing shall be the responsibility of the Planning Administrator.
F.
Planning Board review and decision.
(1)
The Planning Board shall review the submitted Environmental
Assessment Form to determine whether the proposal may have a significant
impact on the environment. If the project may have a significant impact,
the Planning Board may require the preparation of an Environmental
Impact Statement.
(2)
The Planning Board shall review the final plat and
all other submissions at a scheduled public hearing. Within 45 days
from the date of the closing of that hearing, the Planning Board shall
make a decision to approve, with or without modifications, or disapprove
the application. Such forty-five-day period may be extended by mutual
consent of the applicant and the Planning Board. Any decision of the
Planning Board shall include a brief written record of the conditions
upon which such decision was made.
[Amended 4-6-1993; 2-6-1996]
Within six months of Planning Board approval,
the following steps shall be taken to file the final plat. If the
subdivider should fail to submit final plans for signature within
six months of Planning Board approval, the approval shall be considered
null and void unless an extension of time is requested by the subdivider,
in writing, and is granted by the Planning Board before the expiration
date.
A.
Every copy of the final plat submitted for signature
shall carry the following endorsement:
|
"Approved by Resolution of the Planning Board
of the Town of Guilderland, New York, on the ______ day of ____________,
19____, subject to all requirements and conditions of said Resolution.
Any change, erasure, modification or revision of this plat, as approved,
shall void this approval. Signed this __________ day of ____________,
19____ by
Chairman ________________"
|
B.
Every copy of the final plat submitted for signature
shall have a signature line for the Superintendent of Highways.
C.
The subdivider shall provide the Planning Administrator
with two linen copies and four paper copies of the final plat.
D.
The Chairman of the Planning Board, the Superintendent
of Highways and the Superintendent of Water and Wastewater Management,
if applicable, will sign the final plat, once all conditions have
been met.
E.
The subdivider shall have the Albany County Clerk
stamp all signed copies of the final plat. The Albany County Clerk
will file one linen and one paper copy.
F.
The subdivider shall file the one remaining linen
and three paper, stamped copies of the final plat with the Planning
Administrator.
G.
The subdivider shall bear all fees in connection with
the filing of the plat.
H.
In no case shall the final plat be recorded after
180 days from the date the Planning Board approved the final plat
or 90 days from the date the final plat was signed by the Chairman
of the Planning Board, whichever comes first. Should the subdivider
fail to record the final plat within such period, the approval of
the Board shall be null and void unless an extension of time is requested
by the subdivider, in writing, and is granted by the Planning Board
before the expiration date.
I.
The final plat shall be filed with the Albany County
Clerk before the sale of any lots within such subdivision.
J.
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. In the event
that the subdivision plat, when recorded, contains any such changes,
the plat shall be considered null and void, and the Planning Board
shall institute proceedings to have such plat stricken from the records
of the County Clerk.
If at any time after the final plat has been signed by the Chairman of the Planning Board or filed with the Albany County Clerk the subdivider wants to amend the plat in any way, the subdivider shall make application to the Planning Board for a final plat amendment. The Planning Board shall determine whether such amendment warrants a public hearing. Any amendment to a filed plat must be refiled with the County Clerk in accordance with § 247-10.
