Whenever any subdivision of land is proposed to be made, and before
any contracts for the sale or lease thereof or any offer to sell any lots
in such subdivision or any part thereof is made, and before any permit for
erection of a structure in such proposed subdivision shall be granted, the
subdivider or his or her authorized agent or contract vendee shall apply in
writing for and secure approval of such proposed subdivision in accordance
with the following steps:
C.
Final plat (§ 168-17).
(1)
Final plat submission and review.
(2)
Public hearing on final plat.
(3)
Determination of environmental significance (minor subdivision
only).
(4)
Planning Board action on final plat.
(5)
Completion and maintenance of improvements or posting
of performance guarantee, letter of credit or suitable alternative surety.
(6)
Planning Board signing of final plat.
(7)
Filing of final plat with County Clerk.
A.
Site alterations. Prior to approval of the final plat,
the construction of new roads shall not be started, nor shall any activities,
except those directly related to obtaining any required approvals (e.g., surveying
and the location of stakes), be undertaken that would disturb, remove, or
relocate any existing features including, but not limited, to stone walls,
steep slopes, rock outcroppings, trees, general vegetation, streams or watercourses.
B.
State environmental quality review procedures. The procedure
for subdivision review and approval shall run concurrently with the State
Environmental Quality Review (SEQR) Act[1] process. The Planning Board shall have the discretion to make
adjustments to the time periods specified in this chapter in order to provide
reasonable time for the preparation, review, and public hearings with respect
to any required draft environmental impact statement. The Planning Board shall
carry out the terms and requirements of Title 6, New York Code of Rules and
Regulations, Part 617, implementing the State Environmental Quality Review
Act with minimum procedural delay, shall avoid unnecessary duplication of
reporting and review requirements by providing, where feasible, for combined
or consolidated proceedings, and shall expedite all proceedings under the
State Environmental Quality Review Act in the interest of prompt review.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
A.
Familiarization. Before preparing a sketch plan, the subdivider should become familiar with the regulations, standards and requirements contained in these Land Subdivision Regulations, Chapter 210, Zoning, the New York State Environmental Quality Review Act,[1] as well as with any other applicable village, county, state and
federal requirements.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
B.
Preapplication conferences. Before preparing a detailed
proposal, the subdivider should make an appointment at a regular meeting of
the Planning Board to discuss the general features of the proposed subdivision,
the requirements of this chapter and other regulations, the policies of the
Planning Board, and other information that may be pertinent to the subdivision.
C.
Sketch plan submission and review. Prior to filing a preliminary plat, the subdivider or his duly authorized representative shall submit a sketch plan showing a basic proposed layout and other information required in Article V of this chapter. The sketch plan shall be delivered to the Clerk or other authorized official of the Planning Board at least 10 days before the next scheduled Board meeting.
D.
Field trip. After the regular Planning Board meeting
at which the sketch plan is discussed and reviewed, the Planning Board may
schedule one or more field trips to the site of the proposed subdivision,
accompanied by the applicant or his/her agent, to familiarize itself with
the site and the proposed development plan.
E.
Planning Board action on sketch plan. Within 45 days
of such meeting, the Planning Board shall inform the subdivider in writing
that the plans and data as submitted at this stage do, or do not, meet the
objectives of this chapter. When the Planning Board finds the plans and data
submitted do not meet the objectives of this chapter, it shall express its
reasons therefor to the subdivider in writing. At the same time the Board
shall classify the proposal as either a major or minor subdivision or lot
line adjustment and shall so advise the applicant, and shall make the appropriate
notation on the sketch plan.
F.
Consultation with other government agencies.
(1)
Village agencies. Prior to formally submitting a preliminary
plat or final plat, the subdivider, or his or her duly authorized representative,
should contact the Village Highway Superintendent, the Village Engineer and/or
the Village Planner to discuss the proposed subdivision layout and its potential
environmental effects.
(2)
County, state and other agencies. The subdivider should
also examine all applicable requirements of other agencies from whom approvals
may be required. The subdivider should consult with the Ulster County Health
Department, which is responsible for the adequacy of lot sizes and facilities
for water supply and sewage disposal. Under certain conditions, the subdivider
may also need to consult with the State Departments of Transportation and
Environmental Conservation and the Ulster County Department of Public Works.
G.
Waiver of preliminary plat. The Planning Board may, upon
a determination that a major subdivision will not pose significant development
issues, waive the requirement for a preliminary plat and authorize the applicant
to submit a final plat directly.
A.
Lot line adjustment. Where a subdivider proposes an exchange
or transfer of land with an adjoining property that conforms with the standards
set forth below, the Planning Board may classify such action as a lot line
adjustment and waive the requirements for sketch plan approval and the public
hearing on such proposal:
(1)
The area of the proposed land exchange or transfer does
not exceed the minimum required lot area of the zoning district in which the
affected lands are located;
(2)
No additional lots will be created or made possible in
the future;
(3)
Such exchange or transfer of lands does not preclude
the proper future development, subdivision or resubdivision of the affected
properties;
B.
Minor subdivision.
(1)
If the subdivision sketch plan is classified by the Planning
Board as a major subdivision, the Planning Board shall authorize submission
of a final plat.
(2)
Five copies of the plat shall then be submitted to the Planning Board within six months of classification of the sketch plan, along with payment of the final plat application fee as set forth in § 168-29 of this chapter.
(3)
The minor subdivision plat shall be prepared to the specifications set forth in § 168-28 of this chapter, except for plat details that are specifically waived by the Planning Board.
(4)
A public hearing on the final subdivision plat shall
be held by the Planning Board within 62 days from the official date of submission
of the plat. This hearing shall be advertised at least once in the newspaper
of general circulation in the Village, at least five days before such hearing.
In addition, the Planning Board shall cause notice of such hearing to be mailed
to all owners of property adjoining the subject property at least five days
prior to the public hearing and posted in at least three prominent places
at least five days prior to public hearing.
(5)
The Planning Board, within 62 days from the date of submission,
shall approve, modify and approve or disapprove such plat. Failure of the
Planning Board to act within 62 days shall constitute approval.
(6)
Following approval, the subdivision plat shall be recorded
with the County Clerk within 62 days of the date of approval.
(7)
Any plat not filed and recorded with the County Clerk
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.
A.
Study of the plat. A preliminary plat shall be prepared and submitted, along with an environmental assessment form and supporting documentation, showing in detail how the subdivision is to be designed, the details of construction, any proposed covenants and other items required in Article V. The Board shall study the practicality of the preliminary plat taking into consideration 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 streets; the relation to the topography of the land; water supply, sewage disposal, drainage; lot sizes; shape and arrangement; the future development of adjoining lands as yet unsubdivided; and the requirements of the Village Plan, the Official Map, Chapter 210, Zoning, and other matters enumerated in § 7-730 of the Village Law.
B.
Proposed roads, lots and wetlands to be staked. To permit
inspection and checking of a proposed subdivision by the Planning Board and
its representatives, the subdivider shall stake out the subdivision as follows:
(1)
Along the center line of each proposed street at intervals
of not more than 100 feet and at each point of beginning and ending of each
curve. Each stake shall be identified by station marking to conform to the
plans as presented and shall be so placed as to extend at least 30 inches
above the ground surface. Inasmuch as these stakes are not permanent, a tolerance
of up to one foot from the exact horizontal position will be allowed.
(2)
The Planning Board may require that a stake be placed
along the street frontage of each lot, at the intersection of the side lot
line and the street right-of-way line, marked with the identifying numbers
of the lots on each side, as shown on the preliminary layout.
(3)
The Planning Board may require that a stake be placed
at the intersection of the center line of each proposed driveway and any proposed
or existing street.
(4)
The location of wetlands as defined in Article 24 of
the Environmental Conservation Law shall be clearly delineated in the field
through the use of stakes and/or flags. Stakes and/or flags shall be placed
at a height of not less than 30 inches above the ground and location in such
a manner that the boundaries of the wetlands and their buffer zones may be
clearly distinguished.
(5)
When the digging of test holes or pits is required for
any reason whatsoever, such holes or pits shall be excavated the minimum time
necessary prior to inspection by the appropriate agency or its designated
representative and shall be completely filled in within two working days following
the date of such inspection.
(6)
All stakes referred to in this section shall be in position
at the request of the Planning Board prior to the time of any field trip by
the Board.
(7)
All stakes removed or destroyed prior to the approval
of the subdivision plat shall be replaced by the applicant if required by
the Planning Board or its authorized representatives.
C.
Determination of complete application. When the Planning Board determines, based on its own motion, or upon a written report by the Village Engineer and/or Village Planner, that all of the requirements of Subsections A and B have been met, the Planning Board shall declare the preliminary plat application to be complete and shall officially receive it at the Board's next regular meeting. A preliminary plat 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 in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion. However, an application does not need to be "complete" for the Planning Board to make a positive declaration of environmental significance pursuant to the SEQR Act.
D.
Applicant to attend Planning Board meeting. The subdivider
shall be prepared to attend a regular meeting of the Board to discuss the
preliminary plat and the Board's tentative conclusions.
E.
Other agency review. Where review of subdivisions is
required by other government agencies such as the State Departments of Transportation
and Environmental Conservation, or the County Health and Public Works Departments,
tentative written recommendations of these agencies shall be filed by the
subdivider, at the Planning Board's request, prior to the public hearing.
F.
Optional public hearing. Upon a determination that the
proposed subdivision is of sufficient public interest, the Board, at its own
option, may schedule, within 62 days after the receipt of a properly completed
preliminary plat, a public hearing on the preliminary plat. Such hearing shall
be advertised at least once in a newspaper of general circulation in the Village
at least five days in advance of such hearing. In addition, the Planning Board
shall cause written notice of the hearing to be mailed to property owners
within 200 feet of the lot which is proposed to be subdivided, and to such
other persons as the Board may deem to be particularly affected. Certified
mail, return receipt requested, may constitute proof of the required notification.
G.
Action on the preliminary plat. The Board shall act to
approve, approve with modifications, or disapprove the preliminary plat within
62 days of either the submission of the preliminary plat or the date of either
a negative declaration of environmental significance or filing a findings
statement pursuant to the New York State Environmental Quality Review (SEQR)
Act, whichever occurs last. This time period may be extended by mutual written
consent of the subdivider and the Planning Board. The action of the Board
shall be noted on two copies of the preliminary plat referenced and attached
to any statement of modifications. One copy shall be returned to the applicant
and one shall be retained by the Planning Board.
H.
Time period for submission of final plat. Within six months after the approval of the preliminary plat, the subdivider shall file the plat in final form with the Planning Board, accompanied by required fees and information required in Article V. If the final plat and accompanying materials are not submitted within six months, approval of the preliminary plat shall expire, unless, upon the written request of the subdivider, the approval is extended by resolution of the Planning Board.
A.
Other agency approvals. The final plat submitted to the
Planning Board shall indicate all required approvals from other agencies,
unless specifically waived by the Planning Board. Such approvals include,
but are not limited to, the following:
(1)
On-site water supply and septic system by the Ulster
County Health Department, where stipulated by Article 11 of the New York State
Department Public Health Law;
(2)
Highway access locations by either the New York State
Department of Transportation, Ulster County Public Works Department or Saugerties
Village Highway Department;
(3)
Surveyed locations of designated wetlands and buffer
zones by the New York State Department of Environmental Conservation.
B.
Public hearing. Within 62 days of the submission 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 Village at least five days before
such hearing. In addition, the Planning Board shall cause written notice of
such hearing to be mailed to all property owners within 200 feet of the lot
which is proposed to be subdivided, and to such other persons as the Planning
Board may deem to be particularly affected, and to be posted in at least three
prominent places at least five days prior to public hearing.
C.
Planning Board action.
(1)
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 or the date of either a negative declaration of
environmental significance or filing of a findings statement pursuant to the
New York State Environmental Quality Review (SEQR) Act,[1] whichever occurs last. If disapproved, the reasons for such disapproval
shall be stated in the record of the Board.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(2)
Notwithstanding the foregoing provision of this subsection,
the time in which the Planning Board must take action on such a plat, may
be extended by mutual consent of the subdivider and the Planning Board. In
the event 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 Village 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.
D.
Conditional approval.
(1)
In the event the requirements of Article VI of this chapter or other conditions set forth by the Planning Board are not complete at the time of submission of the final plat, the Planning Board may conditionally approve the final plat. If conditionally approved, the reasons for such conditional approval shall be stated in the record of the Planning Board. Upon completion of such requirements the plat shall be signed by the duly authorized officer of the Planning Board as specified in § 168-18.
(2)
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. The Planning Board may
extend this time up to one additional one-hundred-eighty-day period, only
upon petition by the subdivider.
E.
Division of subdivision plat into two or more sections. Prior to granting conditional or final approval of a plat in final form, the Village Planning Board may permit the plat to be subdivided into two or more sections and may in its resolution granting conditional or final approval state that such requirements as it deems necessary to insure 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. Any section shall encompass at least 10% of the total number of lots shown on the plat. If a subdivision is subdivided into two or more sections, the performance guarantee, as specified in Article VI of this chapter, shall be limited to those improvements required to service the proposed section for which final approval is requested.
A.
Signing and filing. Upon completion of the requirements set forth in Article VI of this chapter, the final plat shall be signed by two members of the Planning Board, and may then be filed by the subdivider in the office of the County Clerk. Any plat not so filed or recorded 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.
B.
Plat void if revised after approval. No changes, erasures,
modifications, or revisions shall be made in any final plat after approval
has been given by the Planning Board and endorsed in writing on the plat,
unless the said plat is first resubmitted to the Planning Board and such Board
approves any modifications. In the event that any such final plat is recorded
without complying with this requirement, the same shall be considered null
and void, and the Board shall institute proceedings to have the plat stricken
from the records of the County Clerk.
