Any subdivider who proposes to develop a subdivision
in the Town of Stillwater shall follow the procedures specified in
this article.
A.
Prior to filing an application or before preparing a preliminary layout, the subdivider shall submit to the Planning Board a sketch plan of the proposed subdivision layout, together with data concerning the area, including the information specified in §§ 176-19 and 176-20 (Subdivision Design Standards: General requirements and Additional requirements), in order to discuss the appropriateness of the proposed layout, the suitability of the land for development, and the general requirements for improvements and to determine the classification (minor or major) of the subdivision.
B.
The Planning Board shall inform the subdivider, within
30 days after submission, as to whether his sketch plans and data,
as submitted or as modified, do or do not meet the objectives of this
chapter. If said plans and data do not meet the objectives, the Board
shall express its reasons therefor.
C.
Preapplication review does not require formal application
to the Planning Board, payment of a fee or filing of a plat with the
Town or County Clerk.
D.
If the subdivision is classified and approved by the Planning Board as a minor subdivision, a notation to that effect will be made on the sketch plan. The Planning Board may require the submission of any or all of the documents described in § 176-14A (Plats and documents for preliminary review: Preliminary layout), or it may approve the minor subdivision in accordance with the sketch plan and not require further submissions of documents or posting of bonds, except that the subdivision must be approved by the Department of Health before it is to be recorded with the County Clerk, as provided in this chapter.
E.
If the subdivision is classified as a major subdivision
by the Planning Board, a notation to that effect shall be made on
the sketch plan, which will be returned to the subdivider for compliance
with all the applicable sections of this chapter.
A.
Upon receiving agreement by the Planning Board regarding the applicant's general program and objectives in accordance with § 176-6 (Procedure for Land Subdivision: Preapplication review), the subdivider shall prepare to scale a preliminary layout, together with improvement plans and other supplementary documents, as specified in § 176-14 (Plats and documents for preliminary review) and Article VI (Subdivision Design Standards) of this chapter, except for minor subdivisions if these provisions have been waived by the Planning Board.
B.
The preliminary layout and other supplementary documents
shall be filed with the Code Enforcement Officer or Building Enforcement
Clerk for submission to the Planning Board, together with a written
application for conditional approval and appropriate fees as established
by the Town Board. The official date of application shall be considered
to be the date of the first regular Planning Board meeting following
which such surveys, plans, documents and applications are first filed
with the Code Enforcement Officer or Building Enforcement Clerk and
determined to be complete.
C.
A processing fee per lot shall accompany all applications
for conditional approval. The fee shall be in accordance with the
printed schedule established by the Town Board.
D.
Role of the Planning Board.
(1)
Within 30 days following the official date of application,
the Planning Board shall review the preliminary layout and other supplementary
documents to determine the following:
(a)
Conformity with the Official Map, the Comprehensive
Plan and this chapter.
(b)
Best use of the land being subdivided.
(c)
Attention to the arrangement, location and width
of streets and their relation to the topography of the land.
(d)
Preservation of existing trees.
(e)
Ability and capacity of existing and proposed
systems to accommodate sewage.
(f)
Ability and capacity of existing and proposed
systems to provide water.
(g)
Drainage, lot sizes and arrangement.
(h)
Future development or preservation of adjoining
lands as yet undivided.
(2)
The Planning Board shall negotiate with the subdivider
on any changes deemed advisable and the kind and extent of public
improvements to be constructed or installed by him or the amount of
performance bond required to be posted in lieu of improvements.
(3)
The Planning Board shall notify the subdivider of
any required public improvements, which may be waived.
(4)
Within 45 days after the official date of application,
the Planning Board shall either grant conditional approval of the
preliminary layout and state, in writing, the conditions of such approval
or disapprove the preliminary layout and express, in writing, the
reasons for such disapproval. Such conditional approval shall automatically
expire after six months unless extended by formal action of the Planning
Board.
E.
The Planning Board, in the review of any application,
may refer such application to such engineering, planning, legal, technical
or environmental consultants or other professionals, hereinafter referred
to as "consultant" or "consultants," as it deems reasonably necessary
to enable it to review such application as required by law and this
chapter, provided that the required expertise is not available from
Town staff.
(1)
The cost of such review should not exceed $1,000 without
prior notice to the applicant. The applicant shall pay the consultant's
fee upon receipt of the consultant's detailed statement for the services
provided. Payment of the consultant's fees shall be required in addition
to any and all other fees required by this section or any other section
of this chapter or any other Town law or regulation.
(2)
The action of the Planning Board, taken by resolution,
shall be noted by attaching a copy of the pertinent resolution to
all copies of the preliminary plat, to which shall also be attached
any conditions imposed by the Code Enforcement Officer.
F.
Conditional approval of a preliminary plat shall not
constitute approval of the final plat. Rather, it shall be deemed
an expression of approval only to guide the subdivider in the preparation
of the final plat, which shall be submitted for the approval of the
Planning Board and for eventual recording after compliance with the
requirements of this chapter and with any conditions specified in
the conditional approval.
G.
Public hearings on preliminary plats shall occur and
be coordinated with any hearings the Planning Board may schedule pursuant
to the State Environmental Quality Review Act.[1] The hearing on the preliminary plat shall be advertised
at least once in an official newspaper of general circulation in the
Town at least five days before such hearing if no hearing is held
on a draft environmental impact statement or 14 days before a hearing
held jointly therewith. Written notice of the proposed hearing shall
be sent to all property owners within 500 feet of the proposed subdivision
at least 10 days before such hearing. The hearing on the preliminary
plat shall be closed upon motion of the Planning Board within 120
days after it has been opened.
(1)
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the public hearing on such plat shall be held within 62
days after the receipt of a complete preliminary plat by the Clerk
of the Planning Board.
(2)
If the Planning Board determines that an environmental
impact statement is required and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary 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 in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, the public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
H.
Stormwater
pollution prevention plan. A stormwater pollution prevention plan
(SWPPP) consistent with the requirements of Articles 1 and 2 of this
local law[2] shall be required for preliminary subdivision plat approval.
The SWPPP shall meet the performance and design criteria and standards
in Article 2 of this local law. The approved preliminary subdivision
plat shall be consistent with the provisions of this local law.
[Added 10-6-2016 by L.L.
No. 6-2016]
B.
The final plat and other supplementary documents shall be filed with the Code Enforcement Officer or Building Enforcement Clerk for submission to the Planning Board in accordance with § 176-29, Time extensions. The official date of application shall be considered to be the date of the first regular Planning Board meeting following which such application for final approval is first filed with the Code Enforcement Officer or Building Enforcement Clerk.
C.
If desired by the subdivider, the final plat may consist
only of that portion of the approved preliminary layout which the
subdivider proposed to record and develop at one time, provided that
such portion conforms to all applicable requirements of this chapter
and that the subdivision is being submitted for approval progressively
in contiguous sections satisfactory to the Planning Board.
D.
The Planning Board shall approve, modify and approve,
or disapprove the final plat within 45 days next following the official
date of application.
(2)
If a final hearing is not required by the Planning
Board, then the Planning Board shall approve, modify and approve,
or disapprove the final plat within 45 days next following the official
date of application.
(3)
If a final hearing is held on the final plat, the
Planning Board shall coordinate with any hearings the Planning Board
may schedule pursuant to the State Environmental Quality Review Act,[1] as follows:
(a)
If the Planning Board determines that the preparation
of an environmental impact statement is not required, a public hearing
on a final plat not in substantial agreement with a preliminary plat,
or on a final plat when no preliminary plat is required to be submitted,
shall be held within 62 days after the receipt of a complete final
plat by the Clerk of the Planning Board.
(b)
If the Planning Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held in conjunction with a hearing on the final
plat, the public hearing on the final 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,
in accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the pubic hearing on the final plat shall be held
within 62 days following filing of the notice of completion.
(c)
If the Planning Board disapproves the final
plat, reasons for such disapproval shall be so stated in a resolution
of the Planning Board, and the pertinent resolution shall be attached
to the final plat.
[1]
Editor's Note: See Art. 8 of the Environmental
Conservation Law.
E.
The subdivider shall complete all streets, sanitary, safety and public improvements and requirements specified by the New York State Town Law and § 176-17 (Public improvements) of this chapter and not specifically waived by the Planning Board as specified in Article VII (Special Conditions). If any of the required improvements are not constructed or not approved by the appropriate public official or body prior to the approval of the final plat, the subdivider shall post with the Code Enforcement Officer a performance bond in compliance with the Town Law and § 176-16 (Performance bonds) of this chapter to guaranty the completion of such improvements.
F.
The subdivider shall tender offers of cession, on
a form approved by the Town Attorney, of all land included in streets,
highways, school sites, parks or public open spaces and shall obtain
a certificate from the Town Attorney approving the legal sufficiency
of the offers of cession of all areas for public use, such as parks,
streets, playgrounds and school sites. However, approval of the final
plat by the Planning Board does not constitute acceptance by the Town
of the dedication of any street, highway, park or other public open
space.
G.
The subdivider shall obtain approval of water supply
and sewage disposal systems on all plats upon which dwellings for
five or more lots on five acres or less, or for subdivisions of 49
lots or more on any size acreage, are proposed to be constructed and
shall submit copies of such plats to the Health Department district
office for examination in accordance with the requirements of the
Public Health Law.
H.
Failure of the Planning Board to approve, modify and
approve, or disapprove the final plat within 45 days next following
the official date of acceptance of a complete application shall result
in the automatic approval of such final plat. The certificate of the
Code Enforcement Officer or Building Enforcement Clerk as to the official
date of application and the failure of the Planning Board to take
action thereon within such forty-five-day period shall be issued to
the subdivider upon demand and shall be sufficient in lieu of any
written notation or endorsement or other evidence of final approval
herein required.
I.
After compliance with Subsection D of this section and notation to that effect upon the final plat, and after approval of the final plat by official action of the Planning Board, or after issuance of such certificate by the Code Enforcement Officer or Building Enforcement Clerk in accordance with Subsection H, the final plat shall be deemed finally approved. Within 62 days following the date of such official action of the Planning Board, or the date of issuance by the Code Enforcement Officer or Building Enforcement Clerk of such certificate of non-action, the subdivider shall file the plat with the County Clerk; otherwise such final approval shall expire as provided by the Town Law.
J.
No plat which is an extension, section or portion
of any previously submitted plat shall be approved until and unless
all conditions necessary for approval of such previously submitted
plat have been satisfied and final approval shall have been granted
in accordance with this chapter.
K.
Stormwater
pollution prevention plan. A stormwater pollution prevention plan
consistent with the requirements of Articles 1 and 2 of this local
law[2] and with the terms of preliminary plan approval shall
be required for final subdivision plat approval. The SWPPP shall meet
the performance and design criteria and standards in Article 2 of
this local law. The approved final subdivision plat shall be consistent
with the provisions of this local law.
[Added 10-6-2016 by L.L.
No. 6-2016]
[Amended 6-4-2020 by L.L. No. 1-2020]
The review and approval procedure for a lot-line
adjustment will be the same as the review and approval procedure for
a minor subdivision, unless the following conditions are met, in which
case the Building and Planning Department may waive the requirements
for Planning Board review and the public hearing on such proposal
and approve such lot-line adjustment:
A.
The area of the proposed land exchange or transfer
does not exceed the minimum requirements of the area of the zoning
district in which the affected lands are located.
B.
No additional lots will be created.
C.
Such exchange or transfer of lands does not preclude
the proper future development, subdivision, or resubdivision of the
affected properties and will not impede the maintenance of existing
or development of future access or utility service to either lot.
D.
Such exchange or transfer of lands shall not create any nonconformity with the terms and regulations of Chapter 210, Zoning, or this chapter.
E.
The subdividers(s) has prepared and submitted for
approval by the Building and Planning Department a final plat, prepared
to the specifications set forth in this chapter, except for plat details
that are specifically waived by the Building and Planning Department.
F.
The subdivider has submitted the application for the
lot-line adjustment, paid the application fee and paid the final plat
fee as set forth in this chapter.
A.
Approval and certification of final plats.
(1)
Certification of plat. Within five business days of
the adoption of the resolution granting conditional or final approval
of the final plat, such plat shall be certified by the Clerk of the
Planning Board as having been granted conditional or final approval,
and a copy of such resolution and plan shall be filed in the Clerk's
office. A copy of the resolution shall be mailed to the owner. In
the case of a conditionally approved plat, such resolution shall include
a statement of the requirements which, when completed, will authorize
the signing thereof. Upon completion of such requirements, the plat
shall be signed by said duly authorized officer of the Planning Board,
and a copy of such signed plat shall be filed in the office of the
Clerk of the Planning Board or filed with the Town Clerk, as determined
by the Town Board.
(2)
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be subdivided and developed in two or more sections
and may, in its resolution granting conditional or final approval,
state that such requirements as it deems necessary to ensure the orderly
development of the plat be completed before said sections may be signed
by the duly authorized officer of the Planning Board. Conditional
or final approval of the sections of a final plat may be granted concurrently
with conditional or final approval of the entire plat, subject to
any requirements imposed by the Planning Board.
(a)
Duration of conditional approval of final plat.
Conditional approval of the final plat shall expire within 180 days
after the resolution granting such approval, unless all requirements
stated in such resolution have been certified as completed. The Planning
Board may extend, by not more than two additional periods of 90 days
each, the time in which a conditionally approved plat must be submitted
for signature if, in the Planning Board's opinion, such extension
is warranted by the particular circumstances.
B.
Upon approval of a final plat and posting of a bond in accordance with §§ 176-8F and 176-16 (Performance bonds) of this chapter, or upon certification of completion or installation of all required improvements to the satisfaction of the Town Board, the subdivider may be issued building permits for the construction of buildings in accordance with the approved subdivision and Chapter 210, Zoning.
C.
Upon completion of all required public improvements
to Town standards and upon certification of completion by the Town
Highway Superintendent, the subdivider may be issued certificates
of occupancy for any buildings constructed in the subdivision.
D.
No certificate of occupancy shall be issued until the grading and respreading of topsoil has been completed in accordance with § 176-20 (Additional requirements), unless a bond in an amount sufficient to guarantee the proper grading of the property and the respreading of the topsoil has been posted.
E.
Unless building permits have been issued within one calendar year following the date of filing of an approved final plat with the County Clerk, such approval of the final plat shall be revoked as provided in § 176-30, Revocation, except that a time extension may be granted in accordance with § 176-29, Time extensions.
