A.
Full compliance with the provisions of Article 16
of the Town Law and applicable provisions of the Public Health Law
and with the Subdivision Regulations concerning the preparation of
a subdivider's sketch plan, preliminary plat, vicinity map and subdivision
plat (except where variations of these regulations may be expressly
authorized by the Planning Board) is necessary for the information
of the Board and of the public at a public hearing(s) if required
pursuant to Town Law § 276. Due care in the preparation
of the maps and other information called for will expedite the process
of obtaining the Board's decision concerning the formal subdivision
plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
When any subdivision of land is proposed to be made
and to avoid violation of § 334 of the Real Property Law
and § 136 of the Highway Law, before any contract for the
sale of land or any offer to sell such subdivision or any part thereof
is made or any grading, clearing, construction or other improvement
is undertaken therein, the subdivider or subdivider's duly authorized
agent shall apply, in writing, for approval of such proposed subdivision
in accordance with the following procedures.
The subdivider contacts the office of the Planning Board to discuss a proposed subdivision, location, applicable regulations and procedure. Based upon the discussion, the subdivider either files an application for a minor subdivision (see § 255-8) or an application for a major subdivision (see § 255-10).
A.
Application, fee and information. The subdivider shall
submit an application for approval of a subdivision plat along with
a State Environmental Quality Review Act (SEQRA)[1] short form environmental assessment form (EAF) and appropriate fee. Said application shall contain information described in Subsections B and C below.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
B.
Information on plat. In the case of minor subdivision
only, the subdivision plat shall include the following information:
(1)
The title block shall include the proposed subdivision
name, name of the Town and county, name and address of record owner
and subdivider, map scale and date of drawing and of latest revision
(if any).
(2)
Location of existing and proposed structures, wells,
septic systems and zoning district boundaries, if any, within 200
feet of the property proposed for subdivision.
(3)
Location of intersection(s) of private roads, driveway(s)
and public roads with each other.
(5)
An actual field survey of the boundary lines of the
subdivided parcels, giving complete description data by bearings and
distances, made, certified and sealed by a licensed land surveyor.
The entire tract shall be shown with metes and bounds and shall be
included as part of the subdivision.
(6)
All proposed on-site sanitation and water supply facilities shall be shown designed to meet the minimum specifications of Chapter 194, Sewers, and the State Department of Health, and a note to this effect shall be stated on the plat and signed by a licensed engineer. The location and results of the percolation test(s) and deep pit test(s) on which the septic system design(s) is based shall be indicated on the plat.
(7)
Zoning table showing the current zoning requirements
and proposed minimum requirements of lots and buildings.
(8)
A map of the entire holding indicating the location
of that portion which is to be subdivided in relation to the entire
tract and the distance to the nearest existing street intersection.
(9)
Topographic contours at intervals of not more than
two feet at the proposed building site and topographic contours at
intervals of not more than 10 feet for the balance of the lot based
on United States Geological Survey datum or as required by the Planning
Board.
(10)
The drawing sheet, as follows:
(a)
The size shall be in conformance with requirements
for filing in the Sullivan County Clerk's office.
(b)
If more than one sheet is required, a clearly
drawn cut line shall be shown on both sheets and on the key map.
(c)
The map scale shall be no less than one inch
equals 100 feet.
(d)
The map shall include a North arrow.
(11)
The name of the owner and of all adjoining property
owners as disclosed by the most recent Town tax records.
(13)
All existing restrictions on the use of land,
including easements and covenants.
(14)
A location map at a scale of one inch equals
2,000 feet to indicate the relationship of the proposed subdivision
to significant existing community facilities which will serve or influence
the layout, such as major traffic arteries, shopping areas, schools,
parks, employment centers, churches, etc. It shall show the North
point, scale and date.
(15)
General site conditions: rock outcrops, isolated
trees over 24 inches in diameter measured at a point four feet above
the base of the trunk, orchards, hedges and other ornamental landscaping,
wooded areas, existing structures, stone walls, roads or lanes, power
lines, easements and other existing improvements within the portion
to be subdivided and within 200 feet thereof.
(16)
Location of floodplains, federal wetlands, Department
of Environmental Conservation (DEC) designated wetlands and buffers
with boundaries certified to by the DEC.
C.
Accompanying information. If the applicant/owner in Subsection B(11) above is a corporation or partnership, the name of the officers of the corporation and general partner(s) shall be provided, together with a secretary's certificate of resolution indicating those corporate officers or agents who have authority to act on the corporation's behalf with respect to the subdivision.
D.
Number of copies. Seven copies of the subdivision
plat shall be presented to the Secretary of the Planning Board no
later than 10 days prior to a scheduled meeting of the Planning Board.
Nothing herein, however, guarantees the applicant being on an agenda
of a meeting to be held immediately subsequent to a submission.
E.
Subdivider to attend Planning Board meeting. The subdivider,
or the subdivider's duly authorized representative, shall attend the
meeting of the Planning Board to discuss the subdivision plat.
F.
When officially submitted. The time of submission
of the subdivision plat shall be considered to be the date of the
regular meeting of the Planning Board at which the complete application
is to be considered, except where a later date is provided for by
law, rule or regulation, in which case the later date shall apply.
At least 10 days prior to such meeting the subdivision plat must be
filed with the Secretary to the Planning Board.
G.
Endorsement of state, county and federal agencies.
If the site borders a county or state road, copies of the submission
shall be forwarded to the Sullivan County Department of Public Works
and/or the regional office of the New York State Department of Transportation.
If the site lies within 500 feet of an existing or proposed county
or state road, drainage easement, institution or park or within 500
feet of a municipal boundary, a copy of the submission shall be forwarded
to the Sullivan County Department of Planning. These submissions shall
be made by the Planning Board Secretary to these agencies. If the
property lies within or adjacent to federal wetlands, the Delaware
River Basin Commission jurisdiction or any federal facility, the appropriate
federal agencies shall be notified by the applicant, as necessary.[2]
[2]
Editor's Note: Original § 105-8H,
Public hearing, of the 1981 Code, which immediately followed this
subsection, was repealed 10-21-2003 by L.L. No. 7-2003.
H.
Action on subdivision plat. The Planning Board shall
follow the procedures of Town Law § 276, Subdivision 6,
to approve, approve with conditions or disapprove the minor subdivision
plat.
[Amended 10-21-2003 by L.L. No. 7-2003]
I.
Notification of revisions. Conditional approval of
the plat shall be in the form of motion and approved by the Planning
Board at one of its regular meetings. Subsequent to approval of the
minutes of said meeting containing such approved motion, the Secretary
of the Planning Board shall mail a copy of said minutes to the applicant/owner
along with a statement indicating that upon satisfactory compliance
with meeting the conditions, the Chairman of the Planning Board is
authorized to sign a final approval of the plat. The Chairman shall
so notify the Planning Board at the meeting first following the signing
of the final plat.
J.
Filing. Upon approval, or completion of such requirements
as may be stated in the motion of approval for conditional approval,
the final plat shall be properly signed by the duly authorized person
or persons and shall be filed by the applicant in the office of the
Sullivan County Clerk. Any minor subdivision 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 Planning Board's failure to
act, shall become null and void.
[Amended 10-21-2003 by L.L. No. 7-2003]
K.
Performance security. In the event that the minor subdivision plat contains any proposed public improvements (including but not limited to water mains, sewer mains, roads, etc.), a performance security, in conformance with the requirements of Article V, § 255-12C, in an amount designated by the Town Engineer, shall be submitted prior to the signing of the plat by the Planning Board Chairman. The requirement may be waived where the improvements, in the opinion of the Planning Board, are minimal.
[Added 6-16-1998 by L.L. No. 5-1998; amended 9-5-2017 by L.L. No. 4-2017]
A.
Lot improvements, wherein an existing parcel or parcels
of land are combined with a contiguous lot for the purpose of increasing
the size of the existing lot, said application shall be exempt from
the provisions of these regulations, provided that:
(1)
Any lot proposed shall comply in all respects with the provisions of this chapter, Chapter 250, Zoning and Planned Unit Development, and applicable state statutes.
(2)
The parcels being combined are whole parcels as they
currently exist on the Town of Thompson Tax Maps as filed in the Office
of Real Property in the County of Sullivan.
(3)
The combination does not include any partial portion of land of any existing parcels, in which case the procedures for a minor subdivision pursuant to§ 255-8 would need to be complied with prior to any effectuation of a lot improvement.
(4)
The
parcels being combined have the same ownership as determined by the
recorded deeds for all lots to be combined.
(5)
All
parcels being combined are current on all property tax payments and
have no Town Code violations.
(6)
All
parcels being combined are contiguous to each other, are in the same
school district and are in the same special districts, if any.
(7)
There
are no liens of record on any of the parcels being combined as shown
through a title search, or the applicant provides an affidavit confirming
no liens or confirming he or she will combine all liens to spread
over the affected parcel.
(8)
Said
lot improvement shall not create any new plot and shall not impede
the maintenance of existing or future access or utility service to
any lot that is the subject of a lot improvement.
(9)
Any
lot improvement shall not impact the existing designated zoning district
for that portion of the property.
(10)
If
no adverse changes are foreseen and all previous conditions are met,
in the discretion of the Town Assessor or a Town Code Enforcement
Officer, all procedural requirements for Planning Board review may
be waived, including engineering review, and the lot improvement may
be forwarded by the Town Assessor to the Sullivan County Office of
Real Property without further evaluation. A public hearing shall not
be required for lot improvement under this section.
(11)
If
the Assessor is satisfied, in his/her discretion, that all conditions
are met to approve a lot improvement under this section, then the
Assessor shall make a request to the Sullivan County Office of Real
Property. Upon such approval, the Petitioner may file with the county
a deed containing the combined lots with a new metes and bounds description
that incorporates all combined lots as well as properly references
the combination of all tax parcels.
B.
Wherein a lot improvement application does not meet all procedural requirements pursuant to § 255-9A, or where a number of smaller lots are further subdividable or reallotted so as to make a lesser number of larger lots, this shall be exempt from the provisions of these regulations, provided that any lot proposed to be reduced in size shall comply in all respects with the provisions of this chapter, Chapter 250, Zoning and Planned Unit Development, and applicable state statutes.
C.
Procedure.
(1)
An
appropriate application with five copies of the sketch plan are submitted
to the Planning Board at least 10 business days prior to the regularly
scheduled meeting.
(2)
Sketch
plans shall be based on Tax Map information or some other similarly
accurate base map and shall include:
(3)
The
Planning Board shall determine whether the sketch plan meets the purpose
of this section and, if it does, may waive any procedural requirements
and approve same after an abbreviated review.
(4)
Recording approval. After the Planning Board shall have determined that the conditions for a lot improvement exemption have been met, a duly authorized member of the Planning Board shall sign the plat with the following notation: "Approval is granted for recording purposes only in accordance with § 255-9 of the Town of Thompson Subdivision Law."
(5)
Plat
requirements; fees. Plats submitted as lot improvements shall be subject
to the same schedule of fees as minor subdivisions.
When any subdivision of land is proposed to
be made, and before any contract for the sale of or any offer to sell
such subdivision or part thereof is made and before the erection of
any structure in such proposed subdivision shall commence or any grading,
clearing, construction or other improvements undertaken therein and
before any building permit shall be granted, the subdivider or his
duly authorized agent shall apply for approval of such proposed subdivision
in accordance with the procedure stated herein.
A.
Preapplication approval.
(1)
Prior to the filing of an application for approval of a preliminary layout, the applicant shall appear before the Planning Board with a sketch plan of the proposed land subdivision as specified in Article VI of these regulations. Such meeting is to acquaint the applicant with the objectives of the Subdivision Regulations and thus avoid undue loss of time and effort in the preparation and processing of the subdivision plat.
(2)
Within 14 days, the Planning Board shall inform the
subdivider that the sketch plan and other data as submitted or as
modified do or do not meet the objectives of these regulations as
herein provided and shall express its reason therefor.
B.
Preliminary plan approval.
(2)
Seven copies of the preliminary plan and such other
material as may be required shall be submitted to the Secretary of
the Planning Board at least seven days prior to the meeting at which
it is to be considered.
(3)
The Planning Board shall follow the procedures of
Town Law § 276, Subdivision 5, to approve, approve with
conditions or disapprove the preliminary plan. Notice shall be given
to an adjacent municipality at least 10 days prior to a Planning Board
hearing relating to subdivision review and approval on property within
500 feet of an adjacent municipality, in accordance with General Municipal
Law § 239-nn.”
[Amended 10-21-2003 by L.L. No. 7-2003; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
(4)
The action of the Planning Board shall be noted on
two copies of the preliminary plan, and such other conditions as the
Board may require shall be attached thereon. One copy shall be returned
to the applicant and the other retained by the Planning Board.
(5)
Approval of the preliminary plan shall not constitute
approval of the final plat.
C.
Final plat approval.
(1)
The final plat shall conform substantially to the
approved preliminary plan and, if desired by the applicant, it may
constitute only that portion of the approved preliminary plan which
is proposed to be developed at this time, provided that such portion
meets all the requirements of these regulations and such statutory
requirements as may be applicable.
(2)
Within one year of the date of preliminary plan approval,
the applicant shall:
(a)
Obtain approval, where required, of the New
York State Department of Health.
(b)
Submit to the Secretary of the Planning Board, at least seven days prior to the meeting at which it is to be considered, the original drawing on Mylar and two copies of the final plat and other documents as specified in Article VI.
(c)
Submit a check for the required filing fee.
(3)
The Planning Board shall follow the procedures of
Town Law § 276, Subdivision 6, to approve, approve with
conditions or disapprove the final plat. No approval shall be deemed
final unless the subdivider has completed all the improvements in
said final plat and complied with all other requirements of the Board
in regard thereto or, in lieu thereof, has furnished the Town with
a performance bond as provided in these regulations.
[Amended 10-21-2003 by L.L. No. 7-2003; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
(4)
The Board shall note such approval on the original
Mylar map of the final plat and return the same to the subdivider.
D.
Filing the final plat.
(1)
Upon completion of the above requirements and notation
to that effect on the final plat by the Planning Board, it shall be
filed by the applicant in the office of the County Clerk in compliance
with § 276 of the Town Law. Any subdivision not so recorded
within 62 days of the date of final plat approval or such extension
date as may be provided by the Planning Board shall become null and
void.
[Amended 10-21-2003 by L.L. No. 7-2003]
(2)
No changes, modifications or erasures shall be made
on any plat after final approval has been granted by the Planning
Board and endorsed, in writing, on the plat unless said plat is first
resubmitted to the Board. In any event that such a 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.
E.
Sale of lots or construction of buildings prior to
final plat approval. A building permit may be issued for one or more
buildings prior to final plat approval only upon written authorization
by the Planning Board specifying the lot or lots to which it is applicable
after preliminary approval has been granted by the Board, and provided
that the New York State Department of Health, where required, has
approved the subdivision. In no case shall such buildings be occupied
prior to final plat approval and recording with the County Clerk as
provided in these regulations.
