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 shall make application for and receive final approval of such proposed subdivision in accordance with the following procedures.
A. 
Submission of sketch plan. Prior to any subdivision of land, the subdivider shall submit to the Clerk of the Planning Board at least 10 days prior to a meeting of the Board two copies of a sketch plan of the proposed subdivision, complying with the requirements of Article V, § 150-23, for the purposes of classification and preliminary discussion.
B. 
Discussion of requirements and classification.
(1) 
After submission of a sketch plan, the subdivider shall meet with the Planning Board to discuss the requirements of these regulations, including those relating to street design and construction, placement of utilities, drainage, sewerage, water supply, fire protection and parks and open space areas, 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. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in §§ 150-6 and 150-10 of this article. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 150-7, 150-8, 150-9, 150-10 and 150-11 of this article. The Board shall also determine at this time whether the subdivision shown by the sketch plan is a regional subdivision and thereby subject to the special requirements of Article IV, § 150-22, hereof.
C. 
Planning Board recommendations. The Planning Board shall study the sketch plan in conjunction with the individual and composite Resource Limitations Maps to determine if the proposed subdivisions are in areas where there are severe limitations to development. The Planning Board shall make advisory recommendations.
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),[2] 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.
[2]
Editor's Note: See Environmental Conservation Law Article 8.
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.
D. 
Decision on plat.
(1) 
If an environmental impact statement is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the plat.
(2) 
If an environmental impact statement is required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the plat or within 30 days of the adoption of findings by the lead agency, whichever is less.
[1]
Editor's Note: Added during codification (see Ch. 1, General Provisions, Art. II).
A. 
Application and fee.
(1) 
Unless otherwise agreed by the Planning Board and the subdivider, the subdivider shall submit an application for minor subdivision plat approval within six months after classification of the subdivision shown by the sketch plan as a minor subdivision by the Planning Board, and the Board's recommendations thereon. Failure to do so within such time period may require resubmission of the sketch plan to the Planning Board. The application shall be on a form provided by the Clerk of the Planning Board, and shall include the elements described in Article V, § 150-24, hereof, and the plat shall conform to the layout shown on the sketch plan, reflecting any recommendations made by the Planning Board.
(2) 
All applications for minor subdivision plat approval shall be accompanied by a fee as set from time to time by resolution of the Town Board.[1]
[1]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
B. 
Number of copies. Five copies of the application for minor subdivision plat approval shall be presented to the Clerk of the Planning Board at the time of submission of the subdivision plat.
C. 
Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the subdivision plat.
D. 
Date of official submission. The date of the submission of the subdivision plat shall be considered to be the date on which both a completed application for minor subdivision plat approval and the required fee have been filed with the Clerk of the Planning Board.
E. 
Public hearing. A public hearing shall be held by the Planning Board within 62 days from the date of official submission of the subdivision plat for approval. Such hearing shall be advertised at least once in a newspaper of general circulation in the town at least 10 days before such hearing.[2]
[2]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
F. 
Action on minor subdivision plat.
(1) 
Not more than 62 days after the completion of the public hearing, the Planning Board shall, by resolution, conditionally approve, disapprove or grant final approval and authorize the signing of the minor subdivision plat. This time period may be extended by written agreement of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute final approval of the plat. The grounds for a disapproval or conditional approval shall be explicitly set forth in the Board's resolution.[3]
[3]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
(2) 
In making its decision, the Board shall apply the standards and requirements set forth in Article IV, General Requirements and Design Standards, insofar as those standards are pertinent to the proposed subdivision. The Board in its discretion may require the subdivider to satisfy the provisions of § 150-9 of this article with respect to any required improvements associated with the proposed subdivision.
(3) 
Upon granting conditional approval of the plat, the Planning Board shall empower a duly designated officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five business days of the resolution granting conditional approval, the plat shall be certified by the Clerk of the Planning Board as conditionally approved, and a copy of the plat and resolution shall be filed in the Clerk's office. A copy of the resolution shall be mailed to the owner. 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 deemed to have received final approval and such administrator shall sign the plat accordingly. 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 under the circumstances, for one or two additional periods of 90 days each.[4]
[4]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
A. 
Application and fee.
(1) 
Unless otherwise agreed by the Planning Board and the subdivider, the subdivider shall submit an application for preliminary plat approval within six months after classification of the subdivision shown by the sketch plan as a major subdivision. The application shall be on a form provided by the Clerk of the Planning Board and shall include the elements described in Article V, § 150-25, hereof, and the plat shall conform to the layout shown on the sketch plan, reflecting any recommendations made by the Planning Board.
(2) 
The application for preliminary plat approval shall be accompanied by a fee as set from time to time by resolution of the Town Board.[1]
[1]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
B. 
Number of copies. Five copies of the application for preliminary plat approval shall be presented to the Clerk of the Planning Board at the time of submission of the preliminary plat.
C. 
Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.
D. 
Date of official submission. The date of submission of the preliminary plat shall be considered to be the date on which both a completed application for preliminary plat approval and the required fee have been filed with the Clerk of the Planning Board.
E. 
Study of preliminary plat. The Planning Board shall study the preliminary plat, taking into consideration the provisions of these regulations, the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and design of streets and their relation to topography, water supply, sewage disposal, drainage, lot sizes and arrangement, the placement of utilities, the future development of adjoining lands as yet unsubdivided and the requirements of the Land Use Plan and Chapter 160, Zoning.
F. 
Action on preliminary plat.
(1) 
Within 62 days after the date of official submission of the preliminary plat, the Planning Board shall hold a public hearing, which shall be advertised at least once in a newspaper of general circulation in the town at least 10 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 completion of such hearing, the Planning Board shall approve with or without modification or disapprove such preliminary plat. This time period may be extended by written agreement of the subdivider and the Planning Board. The grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When approving a preliminary plat, the Planning Board shall state, in writing, such modifications, if any, as it deems necessary for submission of the plat in final form. Within five business days of the resolution granting approval, the plat shall be certified by the Clerk of the Planning Board as granted preliminary approval, and a copy of the plat and resolution shall be filed in the Clerk's office. A copy of the resolution shall be mailed to the owner. Failure of the Planning Board to act within such period of 62 days or otherwise agreed upon period shall constitute approval of the preliminary plat.[2]
[2]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
(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 any 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 subdivision plat approval. 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, and as a guide to the preparation of the subdivision plat.
A. 
Application and fee.
(1) 
Unless otherwise agreed by the Planning Board and the subdivider, the subdivider shall submit an application for major subdivision plat approval within six months after preliminary plat approval. Failure to do so within such time period may require resubmission of the preliminary plat to the Planning Board. The application shall be on a form provided by the Clerk of the Planning Board, and shall include the elements described in Article V, § 150-26, hereof, and the plat shall conform to the preliminary plat, as modified by the Planning Board if such preliminary plat was approved with modifications.
(2) 
All applications for major subdivision plat approval shall be accompanied by a fee as set from time to time by resolution of the Town Board.[1]
[1]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
B. 
Number of copies. Five copies of the application for major subdivision plat approval shall be presented to the Clerk of the Planning Board at the time of submission of the subdivision plat.
C. 
Date of official submission. The date of submission of the subdivision plat shall be considered to be the date on which both a completed application for approval of the subdivision plat, including any endorsements required by Subsection D of this section, and the required fee have been filed with the Clerk of the Planning Board.
D. 
Endorsement of state and county agencies. Evidence shall be supplied that any proposed water supply and sewage disposal facilities associated with the subdivision plat requiring approval by the Department of Environmental Conservation and/or New York State Department of Health have received at least preliminary approval(s) of such facilities.
E. 
Public hearing. Within 62 days of the date of official submission of the subdivision plat for approval, a public 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 10 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 § 150-7 of this article, and modified in accordance with requirements of such approval if such preliminary plat was approved with modification, the Planning Board may waive the requirement for such public hearing.[2]
[2]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
F. 
Action on major subdivision plat.[3]
(1) 
Within 62 days of the date of official submission of a subdivision plat if no hearing is held or, in the event that a hearing is held, not more than 62 days after the completion of such hearing, the Planning Board shall, by resolution, conditionally approve, disapprove or grant final approval and authorize the signing of such plat. This time period may be extended by written agreement of the subdivider and the Planning Board. Failure to take action on a final plat within such time period shall constitute final approval of the plat.
(2) 
Upon granting conditional approval of the final plat, the Planning Board shall empower a duly designated officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five business days of the resolution granting conditional approval, the plat shall be certified by the Clerk of the Planning Board as conditionally approved, and a copy of the plat and resolution shall be filed in the Clerk's office. A copy of the resolution shall be mailed to the owner. 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 final plat. Upon completion of such requirements to the satisfaction of the duly designated officer of the Planning Board, the plat shall be deemed to have received final approval, and such officer shall sign the plat accordingly. Conditional approval of a final 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 one or two additional periods of 90 days each.
[3]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
A. 
Improvements and performance bond. Before the Planning Board grants final approval of a major subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1) 
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 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 Zoning Administrator, 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 certified check or performance bond covering the costs of satisfactorily completing such improvements. 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 Zoning Administrator and a map has been submitted to the Planning Board 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 this map shall be submitted prior to final approval of the plat. If the subdivider elects to provide a bond or certified check for the required improvements as specified in Subsections A(1) and (2), such bond shall not be released until such a map is submitted.
(4) 
The Planning Board, in its sole discretion, may dispense with the filing of any bond or other security required in Subsection A(1) and (2) upon conditions as established and approved by a majority of the Planning Board.
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 Zoning Administrator that unforeseen conditions make it necessary or desirable to modify the location or design of such required improvements, the Zoning Administrator 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 amount to a waiver or substantial alteration of any improvements required by the Board. The Zoning Administrator shall issue any authorization under this subsection in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
C. 
Installation of improvements. If the Zoning Administrator shall find, upon inspection of the improvements performed before the expiration date of any performance bond, that any of the required improvements have not been constructed in accordance with approved plans and specifications filed by the subdivider or any conditions of Planning Board approval, he shall so report to the Town Board 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 receiving final approval pursuant to § 150-6 or 150-8 of this article and being properly signed by the duly designated officer of the Planning Board, or upon receiving a certificate from the Town Clerk as to the Planning Board's failure to act within the prescribed time period, a subdivision plat may be filed or recorded in the office of the Clerk of Warren County. Any subdivision plat not so filed or recorded within 62 days of the date of such final approval shall become null and void. In addition to such filing or recording, in the case of a Class B regional subdivision, a copy of the permit issued under Article IV, § 150-22, hereof shall be recorded by the subdivider within 60 days in the Adirondack Park Agency Regional Project Permit Book in the office of the Clerk of Warren County.[1]
[1]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
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 a duly designated officer thereof has signed the plat, unless such plat is first resubmitted to the Planning Board and such Board approves, in writing, any modifications. In the event that any such modified or revised subdivision plat is recorded without complying with this requirement, such recording shall be 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. When a park, playground or other recreation area or open space shall have been shown on a plat, the approval of the 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.
Whereas, pursuant to a resolution of the Town Board, the Planning Board has been empowered to modify the minimum lot area, minimum lot width and minimum shoreline lot width requirements of Chapter 160, Zoning, in accordance with the provisions of § 278 of the Town Law in order to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the standards and procedures:
A. 
Standards.
(1) 
No such modification by the Planning Board shall result in a greater overall density of lots or dwelling units than is permitted in the zoning district wherein such lands lie, as specified in Chapter 160, Zoning.
(2) 
The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in Chapter 160, Zoning.
(3) 
The minimum acreage to which this section may be applicable shall be two times the minimum lot area for the zoning district involved.
(4) 
If the subdivision involves any shoreline subject to the shoreline lot width restrictions contained in Chapter 160, Zoning, any modification of such restrictions shall not result in an overall intensity of development exceeding the following number of principal buildings, as that term is defined in Chapter 160, Zoning, per linear width of shoreline for the respective zoning district involved:
Zoning District
Principal Buildings Per Linear Mile
Hamlet, Primary and Secondary
106
Town Residential, 1, 2 and 3
53
Open Countryside I
42
Open Countryside II
36
Resource Conservation
26
(5) 
Shoreline lot requirements.
(a) 
If the subdivision involves any shoreline subject to the shoreline lot width restrictions contained in Chapter 160, Zoning, and utilizes the special provisions of the preceding subsection, then the Planning Board shall specifically find, in connection with any approval thereof, that the subdivider will, whether by deed restriction, restrictive covenant or other similar appropriate means, ensure the retention in open space of the undeveloped portions of shoreline resulting from utilization of the preceding subsection.
(b) 
If a development is not a shoreline but involves deeded or contractual access, there shall be required 100 feet for every five to 20 families and three additional feet for every family thereafter.
(6) 
In the event that the utilization of this section results in a plat showing lands available for park, recreation or other municipal purposes directly related to the plat, or in a plat showing lands to be retained in open space in order to comply with the average density of lots or dwelling units that is permitted in the zoning district wherein such lands lie, the Planning Board may establish, in the case of lands for park, recreation or other municipal purpose, such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes, and may, further, in the case of lands to be retained in open space, require that such lands be restricted by deed restriction, restrictive covenant, conveyance of a scenic easement or other conservation restriction to the town, or other appropriate means against development of land use inconsistent with their retention.
B. 
Procedures.
(1) 
Request by subdivider. A subdivider may request the use of this section simultaneously with or subsequent to the submission of the sketch plan, as described in Article III, § 150-4. Any submission subsequent to preliminary approval of a plat shall require a resubmission of the sketch plan.
(2) 
Alternate sketch plan. A subdivider shall present, along with a proposal utilizing the provisions of this section, an alternate sketch plan with lots meeting the minimum lot area, minimum lot width and minimum shoreline lot width requirements of Chapter 160, Zoning.
(3) 
Plat submission. Upon determination by the Planning Board that the sketch plan utilizing the provisions of this section is suitable, the procedures attendant to and subsequent to the sketch plan submission, as set forth in this article, shall be followed in regular order.
(4) 
Local filing; notation on Zoning Map. Any subdivision plat finally approved which involves modifications as provided for in this section shall be filed, in addition to the filing required by Article III, § 150-10 hereof, with the Town Clerk, who shall make appropriate notation and reference thereto on the Town Zoning Map.
[1]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).