A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in Article V, § 120-9 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and Article V, § 120-9 of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(2)
All applications for the preliminary plat shall be
accompanied by a fee set by the Town Board and stated in the fee schedule.
[Amended 5-15-2012 by L.L. No. 2-2012; 7-9-2012 by L.L. No.
4-2012]
B.
Number of copies. Five copies of the preliminary plat
and one Mylar shall be presented to the Secretary of the Planning
Board at least 15 days prior to the next regular Planning Board meeting.
[Amended 2-8-1993 by L.L. No. 1-1993; 3-11-2002 by L.L. No.
3-2002; 10-9-2018 by L.L. No. 1-2018]
C.
Subdivider to attend Planning Board meeting. The subdivider
or his duly authorized representative shall attend the meeting of
the Planning Board to discuss the preliminary plat.
D.
Study of preliminary plat. The Planning Board shall study the practicability 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, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of Chapter 140, Zoning.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article V, § 120-8, of these regulations, has been filed with the Secretary of the Planning Board.
F.
Approval of the preliminary plat.
(1)
Within 62 days after the receipt of such preliminary
plat by the Secretary of the Planning Board, the Planning Board shall
hold a public hearing, which hearing shall be advertised at least
once in a newspaper of general circulation in the Town at least five
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 date of such hearing, the Planning Board shall approve
with or without modification or disapprove such preliminary plat,
and the reason for a modification, if any, or the basis for disapproval
shall be stated upon the records of the Planning Board. The time in
which the Planning board must take action on such plat may be extended
by mutual consent of the subdivider and the Planning Board. 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. Within five days of the approval of such preliminary
plat it shall be certified by the duly authorized officer as granted
preliminary approval and a copy filed in the Town Clerk's office,
a certified copy mailed to the owner, and a copy forwarded to the
Town Board. Failure of the Planning Board to act within such sixty-two-day
period shall constitute approval of the preliminary plat.
[Amended 3-11-2002 by L.L. No. 3-2002; 10-3-2011 by Ord. No. 2-2011]
(2)
When granting approval to a preliminary plat, the
Planning Board shall state the terms of such approval, if any, with
respect to (1) the modifications to the preliminary plat, (2) the
character and extent of the required improvements for which waivers
may have been requested and which in its opinion may be waived without
jeopardy to the public health, safety and general welfare, (3) the
amount of improvement or the amount of all bonds therefor which it
will require as prerequisite to the approval of the subdivision plat.
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 as a guide to the
preparation of the plat, which will be submitted to approval of the
Planning Board and for recording upon fulfillment of the requirements
of these regulations. Prior to approval of the subdivision plat, the
Planning Board may require additional changes as a result of further
study of the subdivision in final form or as a result of new information
obtained at the public hearing.
The following documents shall be submitted for
approval:
A.
Application information. The preliminary plat shall
be prepared at a scale of not more than 100 feet but preferably not
less than 50 feet to the inch, showing:
[Amended 2-8-1993 by L.L. No. 1-1993]
(1)
Proposed subdivision name, name of town and county
in which it is located, date, true north point, scale, location map,
name and address and signature of owner of record, subdivider, engineer
and surveyor, including license numbers and seals.
(2)
The name of all subdivisions immediately adjacent
and the name of the owners of record of all adjacent property.
(3)
Zoning district, including exact boundary lines of district, if more than one district, and any proposed changes in the zoning district lines and/or Chapter 140, Zoning, text applicable to the area to be subdivided.
(4)
All parcels of land proposed to be dedicated to public
use and the conditions of such dedication.
(5)
Location of existing property lines, easements, buildings,
watercourses, marshes, rock outcrops, springs, sinkholes, wooded areas,
and other significant existing physical features in the proposed subdivision
and adjacent properties.
(6)
Location of existing sewers, water mains, culverts
and drains on the property, with pipe sizes, grades and direction
of flow.
(7)
Contours with intervals of five feet or less as required
by the Board, including elevations on existing roads. Approximate
grading plan if natural contours are to be changed more than two feet.
(8)
The width and location of any streets or public ways
or places shown on the Official Map within the area to be subdivided
and the width, location, grades and street profiles of all streets
or public ways proposed by the developer.
(9)
The approximate location and size of all proposed
water lines, valves, hydrants and sewer lines, and fire alarm boxes.
Connection to existing lines or alternate means of water supply or
sewage disposal and treatment as provided in the Public Health Law.
Profiles of all proposed water and sewer lines.
(10)
Storm drainage plan indicating the approximate
location and size of proposed lines and their profiles. Connection
to existing lines or alternate means of disposal.
(11)
Where the topography is such as to make difficult
the inclusion of any of the required facilities within the public
area as laid out, the preliminary plat shall show the boundaries of
proposed permanent easements over or under private property, which
permanent easements shall not be less than 20 feet in width and which
shall provide satisfactory access to an existing public highway or
other public highway or public open space shown on the subdivision
or the Official Map.
[Amended 3-11-2002 by L.L. No. 3-2002]
(12)
An actual field survey of the boundary lines
of the tract, giving complete descriptive data by bearings and distances,
made and certified to by a licensed land surveyor. The corners of
tract shall also be located on the ground and marked by substantial
monuments of such size and type as approved by the Town Engineer,
and shall be referenced and shown on the plat.
[Amended 3-11-2002 by L.L. No. 3-2002]
B.
Requirements for phased development. If the application
covers only a part of the subdivider's entire holding, a map of the
entire tract, drawn at a scale of not less than 400 feet to the inch,
showing an outline of the platted area with its proposed streets and
indication of the probable future street system with its grades and
drainage in the remaining portion of the tract and the probable future
drainage layout of the entire tract shall be submitted. The part of
the subdivider's entire holding submitted shall be considered in the
light of the entire holdings.
C.
Covenants. A copy of such covenants or deed restrictions
as are intended to cover all or part of the tract.
The following documents shall be submitted for
plat approval:
A.
The plat to be filed with the County Clerk shall be
printed upon drafting film or be clearly drawn in India ink upon tracing
cloth. The size of the sheets shall be 24 inches by 36 inches or 36
inches by 42 inches, including a margin for binding of two inches,
outside of the border, along the left side, with a margin of one-inch
outside of the border along the remaining sides. The plat shall be
drawn at a scale of no more than 100 feet to the inch and oriented
with the north point at the top of the map. When more than one sheet
is required, an additional index sheet of the same size shall be filed
showing to scale the entire subdivision with lot and block numbers
clearly legible. The plat shall show:
(1)
Proposed subdivision name or identifying title and
the name of the town and county in which the subdivision is located,
the name and address of record owner and subdivider, name, license
number and seal of the licensed land surveyor.
(2)
Street lines, pedestrian ways, lots, reservations,
easements and areas to be dedicated to public use.
(3)
Sufficient data acceptable to the Town Engineer to
determine readily the location, bearing and length of every street
line, lot line, boundary line, and reproduce such lines upon the ground.
(4)
The length and bearing of all straight lines, radii,
length of curves and central angles of all curves, tangent bearings
shall be given for each street. All dimensions and angles of the lines
of each lot shall also be given. All dimensions shall be shown in
feet and decimals of a foot. The plat shall show the boundaries of
the property location, graphic scale and true north point.
(5)
The plat shall also show by proper designation thereon
all public open spaces for which deeds are included and those spaces
title to which is reserved by the developer. For any of the latter,
there shall be submitted with the subdivision plat copies of agreements
or other documents showing the manner in which such areas are to be
maintained and the provisions made therefor.
(6)
All offers of cession and covenants governing the
maintenance of unceded open space shall bear the certificate of approval
of the Town Attorney as to their legal sufficiency.
(7)
Lots and blocks within a subdivision shall be numbered
and lettered in alphabetical order in accordance with the prevailing
Town practice.
(8)
Permanent reference monuments shall be shown, and
shall be constructed in accordance with specification of the Town
Engineer. When referenced to the state system of plane coordinates,
they shall also conform to the requirements of the State Department
of Transportation. They shall be placed as required by the Town Engineer
and their location noted and referenced upon the plat.
(9)
All lot corner markers shall be permanently located
satisfactory to the Town Engineer, at least 3/4 inches (if metal)
in diameter and at least 24 inches in length, and located in the ground
to existing grade.
(10)
Monuments of a type approved by the Town Engineer
shall be set at all corners and angle points of the boundaries of
the original tract to be subdivided; and at all street intersections,
angle points in street lines, points of curve and such intermediate
points as shall be required by the Town Engineer.
B.
Construction drawings, including plans, profiles,
and typical cross-sections, as required, showing the proposed location,
size and type of streets, sidewalks, streetlighting standards, street
trees, curbs, water mains, sanitary sewers and storm drains, pavements
and subbase, manholes, catch basins and other facilities.
A.
Application for approval and fee. The subdivider shall,
within six months after the approval of the preliminary plat, file
with the Planning Board an application for approval of the subdivision
plat in final form, using the approved application blank available
from the Secretary of the Planning Board. If the final plat is not
submitted within six months after the approval of the preliminary
plat, the Planning Board may refuse to approve the final plat and
require resubmission of the preliminary plat.
[Amended 5-15-2012 by L.L. No. 2-2012; 7-9-2012 by L.L. No.
4-2012]
B.
Number of copies. A subdivider intending to submit
a proposed subdivision plat for the approval of the Planning Board
shall provide the Secretary of the Board with five copies of the plat
(one of which shall be on drafting film or acceptable equivalent),
along with a true copy of all offers of cessations, covenants and
agreements and two prints of all construction drawings.
[Amended 2-8-1993 by L.L. No. 1-1993]
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 120-10 of these regulations, has been filed with the Secretary of the Planning Board.
D.
Endorsement of state and county agencies. Water and
sewer facility proposals contained in the subdivision plat shall be
properly endorsed and approved by Schoharie County Department of Health.
Applications for approval of plans for sewer or water facilities will
be filed by the subdivider with all necessary Town, county and state
agencies. Endorsement and approval by the Schoharie County Department
of Health shall be secured by the subdivider before official submission
of subdivision plat.
E.
Public hearing. Within 62 days of the submission of a plat in final form for approval, a 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 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 approved under § 120-8 of this article, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.
[Amended 10-3-2011 by L.L. No. 2-2011]
F.
Action on proposed subdivision plat.
(1)
The Planning Board shall by resolution conditionally
approve, conditionally approve with or without modification, disapprove,
or grant final approval and authorize the signing of such plat within
62 days after the date of such hearing. This time may be extended
by mutual consent of the subdivider and the Planning Board. Failure
to take action on a final plat within the time prescribed therefor
shall be deemed approval of the plat.
[Amended 10-3-2011 by L.L. No. 2-2011]
(2)
Upon resolution of conditional approval of such final
plat the Planning Board shall empower duly authorized officers to
sign the plat upon completion of such requirements as may be stated
in the resolution. Within five days of such resolution the plat shall
be certified by the Secretary of the Planning Board as conditionally
approved and a copy filed in his office and a certified copy mailed
to the subdivider. The copy mailed to the subdivider shall include
a certified statement of such requirement 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 officers of the Planning Board. 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 signatures, if in its opinion such extension is warranted in the
circumstances, for not to exceed two additional periods of 90 days
each.
G.
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.
H.
Ownership and maintenance of recreation areas. When
a park, playground, or other recreation area shall have been shown
on a plat, the approval of said 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.
