[Amended 11-9-2005 by L.L. No. 3-2005]
A.
Preapplication procedure. Prior to the filing of
an application for conditional approval of a preliminary plat, the
property owners or their legal agent or surveyor may appear and submit
general site information and data regarding existing conditions, a
location map, and a sketch plan with a request for informal consideration
by the Board for an expression of its views. No formal application
is thereby required at this time. The purpose of such appearance and
submission of information and data is primarily to afford the property
owners an opportunity to consult informally and at an early stage
with the Board, with the view toward conserving the time and expense
and the mutual opportunity of the parties for the achievement of a
desirable outcome in the public interests.
B.
Boundary line adjustments. The applicants for a boundary
line adjustment shall submit a sketch plan or survey showing the boundary
as it exists and as it is proposed to be adjusted, including such
portions of the parcels proposed to be adjusted as shall be reasonably
necessary for the Board's understanding of the proposal. Where it
appears to the Board that the adjustment will result in the creation
of a nonconforming parcel or nonconforming buildings or structures,
the applicant(s) shall be referred to the Zoning Board of Appeals
for application for any needed area variances. The Planning Board
shall not issue its approval unless such variances are granted. When
the adjustment does not create a nonconforming parcel or buildings,
or upon the issuance of needed variances by the Zoning Board, the
Planning Board shall approve the proposal by resolution as presented
or as modified. The Planning Board may deny the application, but only
for good cause shown upon substantial evidence. As a condition of
approval the Board shall require that a new deed for each parcel as
adjusted be recorded with the County Clerk and a copy thereof supplied
to the Board. Applicants must present sufficient copies of a certified
survey map to the Planning Board for signing by the authorized Planning
Board officer. Such survey map shall contain such detail as the Board
required in its resolution of approval.
A.
Application. Whenever any subdivision of land as herein
before defined is proposed to be made, the subdivider thereof, or
his or her agent, shall apply, in writing, to the Board for approval
of such subdivision. There shall first be filed with the Board a preliminary
plat of the entire property for conditional approval and subsequently
thereto a final plat, as hereinafter specified.
[Amended 11-6-1972]
B.
Procedure for conditional approval of preliminary
plat.
(1)
On reaching conclusions regarding the general program
and objectives following the preapplication appearances, if any, the
subdivider shall cause to be prepared a preliminary plat, together
with the following supplementary or supporting material:
(a)
Topographic data on the tract and existing drainage
ways.
(b)
Tract boundary lines, tract area and street
layout.
(c)
The name and right-of-way width of each street
or other right-of-way.
(d)
Utilities on and adjacent to the tract.
(e)
The location, dimensions and purpose of any
easements.
(f)
A number to identify each lot and a letter to
identify each block.
(g)
Purposes for which sites, other than residential
lots, are dedicated or reserved.
(h)
Minimum setback lines on all lots and other
sites (50 feet minimum from street rights-of-way).
[Amended 3-12-1986; 4-11-1990]
(i)
Names of owners of record of adjoining unplatted
land.
(j)
Site data, including the number of residential
lots, typical lot size, linear feet of streets, acres in parks, etc.
(k)
The title, scale, North arrow and date of the
drawing.
(l)
Sufficient staking to indicate the center line
of streets on the property.
(m)
Streetlighting, if any.
[Added 9-11-1998 by L.L. No. 4-1998]
(n)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with Chapter 218[1] shall be required for preliminary plat approval. The SWPPP shall meet the performance and design criteria and standards set forth in Chapter 218. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 218.
[Added 12-27-2007 by L.L. No. 3-2007]
(2)
In the case of a minor subdivision, the Board may
waive the submission of any of the foregoing supporting material if
deemed unnecessary to adequately review the proposal.
[Added 3-12-1986; 4-11-1990]
(3)
Hearing, review and approval.
(a)
Five copies of the preliminary plat and supplementary
material so required shall be submitted to the (Clerk) Secretary of
the Board with written application for approval not less than seven
days prior to a regularly scheduled meeting.
(b)
The Board shall, within 62 days after filing
of the application, together with other required documents, hold a
public hearing, which hearing shall be advertised in the official
newspaper at least five days before such hearing.
[Amended 8-13-1997 by L.L. No. 3-1997]
(c)
Upon completion of State Environmental Quality
Review Act (SEQRA) determinations, the Board shall, within 62, days
hold a public hearing, which hearing shall be advertised in the official
newspaper at least five days before such hearing.
[Amended 4-11-1990; 8-13-1997 by L.L. No. 3-1997]
(d)
The Board shall, within 62 days from and after
the time of the public hearing held following submission of the preliminary
plat, approve, with or without modification, or disapprove the preliminary
plat. The ground for modification or disapproval shall be stated upon
the records of the Planning Board.
[Amended 8-13-1997 by L.L. No. 3-1997]
(e)
Notwithstanding the foregoing provisions, the
time in which the Planning Board must take action on such plat may
be extended by mutual consent of the owner and the Planning Board.
(f)
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.
(g)
Within five days of the approval of such preliminary
plat, it shall be certified by the Clerk of the Planning Board as
granted preliminary approval and a copy filed in his or her office
and a certified copy mailed to the owner.
(h)
Within six months of the approval of the preliminary
plat, the owner must submit the plat in final form. If such plat is
not so submitted, approval of the preliminary plat may be revoked
by the Planning Board.
(i)
In the event that the Planning Board fails to
take action on a preliminary plat within the time prescribed therefor,
such plat shall be deemed granted preliminary approval. The certificate
of the Clerk of the Town as to the date of submission and the failure
to take action within such prescribed time shall be issued on demand
and shall be sufficient in lieu of written endorsement or other evidence
of approval herein required.
A.
Within 62 days of the submission of five copies of
a plat in final form for approval by the Planning Board, a hearing
shall be held by the Planning Board, which 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 previously approved and modified in accordance
with requirements of such approval, if such preliminary plat has been
approved with modification, the Planning Board may waive requirement
for such public hearing.
[Amended 8-13-1997 by L.L. No. 3-1997]
B.
The Planning Board shall, by resolution, conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of such plat within 62 days of its receipt
by the Clerk of the Planning Board if no such hearing is held or,
in the event such hearing is held, within 62 days after the date of
such hearing.
[Amended 8-13-1997 by L.L. No. 3-1997]
C.
Notwithstanding the foregoing provisions, the time
in which the Planning Board must take action on such plat may be extended
by mutual consent of the owner and the Planning Board.
D.
In the event that the Planning Board fails to take
action on a final plat within the time prescribed therefor, the plat
shall be deemed approved and a certificate of the Clerk of the Town
as to the date of submission and the failure to take action within
such prescribed time shall be issued on demand and shall be sufficient
in lieu of written endorsement or other evidence of approval herein
required.
E.
Upon resolution of conditional approval of such final
plat, the Planning Board shall empower a duly authorized officer to
sign the plat subject to completion of such requirements as may be
stated in the resolution. Within five days of such resolution the
plat shall be certified by the Clerk of the Planning Board as conditionally
approved and a copy filed in his or her office and a certified copy
mailed to the owner, including a certified 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 within 180 days
after the date of the resolution granting conditional approval, unless
such requirements have been certified as completed.
F.
Notwithstanding the foregoing provisions of the section,
the Planning Board may extend the time in which a conditionally approved
plat in final form must be submitted for signature if, in its opinion,
such intention is warranted by the particular circumstances thereof
for not to exceed two additional periods of 90 days each.
G.
Prior to granting conditional or final approval of
a plat in final form, the Town Planning Board may permit the plat
to be subdivided into two or more sections and may, in its resolution
granting conditionally or final approval, state that such requirements
as it deems necessary to ensure the orderly development of the plat
be completed before such sections may be signed by the duly authorized
officer of the Planning Board. Conditional or final approval of the
sections of a final plat, subject to any conditions imposed by the
Board, shall be granted concurrently with conditional or final approval
of the plat.
H.
The duly authorized officer of the Planning Board
shall not sign and affix the approval stamp on the final plats until
all required improvements have been completed and approved by the
Planning Board Review Engineer. (An escrow account and/or bond satisfactory
to the Planning Board and Town Board may be posted at the option of
the Planning Board to cover the cost of final top course of roads.)
[Amended 11-6-1972; 4-11-1990]
I.
All plans for the subdivision of land shall be reviewed
and/or approved by the Rensselaer County Department of Health before
such plans may be accepted for final approval by the Town Planning
Board and before such plans may be filed with the Rensselaer County
Clerk.
[Amended 11-6-1972; 4-11-1990]
J.
The subdivider shall tender offers of cession in form
approved as satisfactory by the Town Attorney for dedicating streets,
easements, rights-of-way and improvements and any sites for parks
or other public areas, not specifically reserved as shown on the final
plat; and agreements covering improvements and maintenance of unceded
public open spaces. Approval of the final plat shall not constitute
acceptance by the Town Board of the dedication of such facilities
without formal acceptance by the Town Board.
K.
Modification of design. If after approval of the final
plat unforeseen conditions make it necessary to modify the design,
the Planning Board shall make a determination as to the need for review
and approval, including another public hearing. In any case, as-built
drawings shall be filed with the Planning Board, Town Board and County
Clerk.
L.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with Chapter 218[1] shall be required for final plat approval. The SWPPP shall meet the performance, design criteria and standards set forth in Chapter 218. The approved final subdivision plat shall be consistent with the provisions of Chapter 218.
[Added 12-27-2007 by L.L. No. 3-2007]
If a subdivider wishes to replace a filed plat
with a changed or improved plat, the subdivider shall submit an application
for approval of the resubdivision, and the Planning Board shall make
a determination of the steps to be taken in regard to review, approval
and public hearings.
[Amended 3-12-1986; 4-11-1990]
A filing fee shall be paid to the Town Clerk
for deposit in the general fund when the subdivision plat is filed
with the Board. A schedule of fees shall be adopted by the Town Board
by resolution and may, from time to time, be amended.
