[Amended 4-5-2022 by L.L. No. 1-2022]
Before beginning work on a minor subdivision application, a subdivider or a duly authorized agent shall meet with the Zoning Board of Appeals to discuss the proposed subdivision, zoning requirements, expected timetables for approval, etc. Therefore, complete and complex engineered plans and architectural drawings are premature and not required. The concept plan shall be submitted pursuant to § 315-10.
A.
Submission requirements. The subdivider shall submit
to the Zoning Board of Appeals:
[Amended 2-1-2011 by L.L. No. 1-2011; 4-5-2022 by L.L. No. 1-2022]
B.
Contents of the concept plan. The concept plan shall
be a scale drawing and other supporting documentation which contains
the following:
(1)
A site map showing:
(a)
The subdivision name or title, if any; the scale,
which shall be no less than one inch equals 100 feet; North direction,
which shall be oriented toward the top of the plan; the plan date;
and the label "Concept Plan." All submissions shall indicate under
the proposed subdivision name or identifying title the words "Village
of Altamont, Albany County, New York."
(b)
The subdivision boundaries and the owners of
all contiguous properties.
(c)
The zoning classification and tax map number(s)
of the property to be subdivided.
(d)
The total acreage of the subdivision and the
number and locations of lots.
(e)
All streets, either mapped or built, adjacent
to the tract.
(f)
All existing restrictions on the use of land,
including easements and covenants.
(g)
All existing structures, wooded areas, watercourses,
slopes of 12° or greater and other significant physical features
within the part to be subdivided and within 200 feet of the proposed
subdivision's boundaries.
(h)
If applicable, the location and required setbacks
from watercourses, wetlands, angle of repose reserves, protected slope
reserves and the one-hundred-year floodplain, surveyed and delineated
by a licensed engineer or land surveyor. All federal wetlands delineations
must be approved by the Army Corps of Engineers, and all New York
State wetland delineations must be approved by the New York State
Department of Environmental Conservation.
[Amended 1-5-2010 by L.L. No. 1-2010]
(i)
Contours with intervals of not more than 20
feet. A copy of the New York State Department of Transportation quadrangle
map depicting the area of the proposed subdivision is adequate for
the concept submission.
C.
Waiver of submission requirements. The Zoning Board
of Appeals may waive, upon the request of the applicant, any of the
above submission requirements if the Zoning Board of Appeals determines
that such requirement is not necessary or appropriate for review of
the subdivision.
[Amended 4-5-2022 by L.L. No. 1-2022]
D.
Zoning Board of Appeals review and recommendation.
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
The subdivider shall attend a Zoning Board of Appeals
meeting to discuss the concept plan. The applicant will be notified,
in writing, of the date and time of this meeting.
(2)
The Zoning Board of Appeals will review the concept
plan and assure that all submission requirements have been met. The
Zoning Board of Appeals shall determine whether the concept plan meets
the purposes of these regulations and may, where it deems necessary,
make specific recommendations based on:
(a)
The application of planning principles and consistency
with the Village of Altamont Comprehensive Plan.
(b)
Environmental considerations.
(c)
The overall long-term plan for the development
of the Village (as it may be adopted).
(d)
Community concerns and considerations for incorporation
in the next submission to the Zoning Board of Appeals.
(3)
If the proposed subdivision does not meet the minimum
standards and requirements of the Village of Altamont Zoning Law,
the subdivider must either revise the proposal to bring it into compliance
with the Zoning Law or make application to the Zoning Board of Appeals
for a variance in accordance with the provisions of the Zoning Law.
The proposed subdivision must be in compliance with all requirements
of the Zoning Law before the concept can receive approval.[1]
(4)
The Zoning Board of Appeals may, because of unique environmental or topographic conditions, appoint a Village-designated engineer to review and inspect any minor subdivision. Payment of any fees related to this review and/or inspection shall be the responsibility of the applicant pursuant to § 315-17B.
(5)
The Zoning Board of Appeals may, after review of the concept plan, determine that a minor subdivision, due to particular environmental, topographic, engineering or other unique circumstances, should be reviewed by the criteria of a major subdivision. In that event, the proposed subdivision shall be subject to the requirements and standards of a major subdivision as detailed in Article III of this chapter but shall remain a minor subdivision for the determination of subdivision fees.
(6)
The approval of a concept plan shall constitute preliminary
approval of the proposed subdivision as to the general character and
layout of development. The Zoning Board of Appeals, however, reserves
the right to amend its determination if planning, environmental, engineering
or other new data warrants the redesign of the project.
E.
Waiver for lot line amendments.
(1)
An applicant may request that the subdivision process
be waived when a proposed subdivision does not result in an additional
lot being created, is a minor modification to an existing lot line,
or is a conveyance of a portion of one parcel to an adjoining parcel
and the resultant lots are equal to or exceed the minimum zoning requirements.
(2)
To request such waiver, the applicant shall complete the subdivision application, submit a concept plan in accordance with Subsection B, pay the required application fee and submit a narrative explaining the proposed subdivision.
(3)
When such a waiver is requested, the Zoning Board
of Appeals shall approve or deny the waiver request. Approval may
be granted when it is determined that such lot amendment would not
adversely affect the site's development, adversely impact neighboring
properties, alter the essential character of the neighborhood or negatively
impact the health, safety or welfare of Village residents.
[Amended 4-5-2022 by L.L. No. 1-2022]
F.
Waiver
of the final plat hearing.
(1)
After
the concept review, the Zoning Board of Appeals may waive the final
hearing requirements for a minor subdivision when:
[Amended 4-5-2022 by L.L. No. 1-2022]
(a)
The resultant lots are equal to or exceed the minimum zoning requirements;
(b)
There are no unique environmental characteristics on the proposed
site such as slopes, wetlands, watercourses or floodplains;
(c)
There is no extension of public improvements;
(d)
The subdivision would not alter the essential character of the neighborhood
or negatively impact the health, safety or welfare of Village residents;
and
(e)
The Board is satisfied that there is no additional information needed
to render a determination.
A.
Submission requirements. Within six months of the
approval of the concept plan, the subdivider shall submit to the Zoning
Board of Appeals:
[Amended 2-1-2011 by L.L. No. 1-2011; 4-5-2022 by L.L. No. 1-2022]
(2)
A completed SEQR short or long form, as directed by
the Zoning Board of Appeals. An application for final 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 final plat shall begin upon filing of such negative declaration
or such notice of completion.
(3)
Two true copies of all required deeds and easements,
if applicable.
(4)
Any other supporting information requested by the
Zoning Board of Appeals.
B.
Contents of the final plat. The final plat shall be
prepared by a licensed engineer or licensed land surveyor and contain
the following information:
(1)
A site map showing:
(a)
The subdivision name or title; the scale, which
shall be no less than one inch equals 100 feet; North direction, which
shall point toward the top of the plat; plan date; and the label "Final
Plat." All submissions shall indicate under the proposed subdivision
name or identifying title the words "Village of Altamont, Albany County,
New York."
(b)
The name and address of the owner, subdivider
and engineer or licensed land surveyor, including license number,
seal and signature.
(c)
Land survey showing dimensions, bearings and
angles of all property lines and boundaries.
(d)
The owners of all contiguous property and the
names of adjoining developments, if applicable.
(e)
The zoning classification and tax map number
of the property to be subdivided.
(f)
The proposed pattern of lots, including lot
width, depth, and acreage or square footage of every proposed lot.
(g)
The addresses of the proposed lots as assigned
by the Assessor's office.
(h)
All streets, either mapped or built, adjacent
to the tract and the right-of-way width thereof.
(i)
The building envelope, showing required setbacks
in which proposed structures may be built and the area to be left
undisturbed.
(j)
If applicable, the location and required setbacks
from watercourses, wetlands, angle of repose reserves, protected slope
reserves and the one-hundred-year floodplain, surveyed and delineated
by a licensed engineer or land surveyor. All federal wetlands delineations
must be approved by the Army Corps of Engineers, and all New York
State wetland delineations must be approved by the New York State
Department of Environmental Conservation.
(k)
The location of all existing and proposed wells
and septic systems, if known.
(l)
All existing buildings, wooded areas, streams
and other significant physical features within the part to be subdivided
and within 200 feet.
(m)
All existing restrictions on the use of land,
including easements and covenants.
(n)
Any other information as required by the Zoning
Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
(3)
When more than one sheet is required to show the plat,
an index map of the same size shall be submitted.
C.
Waiver of submission requirements. The Zoning Board
of Appeals may waive, upon the request of the applicant, any of the
above submission requirements if the Zoning Board of Appeals determines
that such requirement is not necessary or appropriate for review of
the subdivision.
[Amended 4-5-2022 by L.L. No. 1-2022]
D.
Referrals.
(1)
Review by Albany County Planning Board.
[Amended 4-5-2022 by L.L. No. 1-2022]
(a)
In accordance with § 239-n of the
General Municipal Law, if any subdivision is within 500 feet of a
municipal boundary; the boundary of any existing or proposed county
or state park or other recreation area; the right-of-way of any existing
or proposed county or state parkway, thruway, expressway, street or
highway; the existing or proposed right-of-way of any stream or drainage
channel owned by the county or for which the county has established
channel lines; or the existing or proposed boundary of any county-
or state-owned land on which a public building or institution is situated,
the Zoning Board of Appeals shall refer such application to the Albany
County Planning Board for review and report.
(b)
Within 30 days of receipt of such notification,
the Albany County Planning Board shall report to the Village on its
approval or disapproval, or on its approval subject to stated conditions,
of the proposed subdivision plat. If the county planning agency disapproves
or recommends modification of such a proposed subdivision plat, the
Zoning Board of Appeals shall not, in approving the final plat, act
contrary to such disapproval or recommendation or modification except
by a vote of a majority plus one of all the members thereof and after
the adoption of a resolution fully setting forth the reasons for such
contrary action.
(2)
Superintendent of Public Works. The subdivider is
required to arrange an on-site meeting with the Village Superintendent
of Public Works to discuss all street right-of-way improvements. No
certificate of occupancy will be issued until all required improvements
have been made.
(3)
Access to county highways. The subdivider shall obtain
written permission from the Director of the Albany County Department
of Public Works when a curb cut onto a county highway is necessary.
(4)
Access to state highways. The subdivider shall obtain
written permission from the New York State Department of Transportation
when a curb cut onto a state highway is necessary.
(5)
Extension of a water or sewer district. If a proposed
subdivision requires the extension of a water or sewer district, the
subdivider shall initiate an application for the extension by submitting
a map, plan and report to the Superintendent of Public Works and to
the Village Attorney as directed by the Zoning Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
(6)
When
an application for subdivision review and approval involves property
that is within 500 feet of an adjacent municipality, as defined in
§ 239-nn of the General Municipal Law, the Zoning Board
of Appeals shall give notice to the adjacent municipality by mail
or electronic transmission to the clerk of the adjacent municipality
at least 10 days prior to any hearing.
[Amended 1-5-2010 by L.L.
No. 1-2010; 4-5-2022 by L.L. No. 1-2022]
E.
Hearing and notices.
[Amended 1-5-2010 by L.L.
No. 1-2010; 4-5-2022 by L.L. No. 1-2022]
(1)
The Zoning Board of Appeals shall review the final
plat to determine if it meets the submission requirements as set forth
in these regulations.
(2)
The Zoning Board of Appeals shall hold a public hearing
in accordance with § 7-728 of the Village Law on the final
plat within 62 days from the date a complete application is received
by the Zoning Board of Appeals. Notice of the hearing shall be provided
as required by Village Law § 7-728.
(3)
All plans and supporting documentation shall be on
file with the Zoning Board of Appeals a minimum of 10 days prior to
an advertised public hearing before the Zoning Board of Appeals.
(4)
The publication and mailing of such notice of public
hearing shall be the responsibility of the Zoning Board of Appeals.
F.
Zoning Board of Appeals review and decision.
[Amended 1-5-2010 by L.L.
No. 1-2010; 4-5-2022 by L.L. No. 1-2022]
(1)
The Zoning Board of Appeals will carefully study the practicality of the layout, taking into consideration the requirements of the Village, the best use of the land being subdivided and the policy set forth in § 315-3. Particular attention will be given to the proposed arrangement of lots, sewage disposal, drainage, proposed lot sizes, shape and layout, future development of adjoining lands as yet unsubdivided, the requirements of the Village of Altamont Comprehensive Plan and matters enumerated in § 7-730 of the Village Law.
(2)
The Zoning Board of Appeals shall review the submitted
environmental assessment form to determine whether the proposal may
have a significant impact on the environment. If the project may have
a significant impact, the Zoning Board of Appeals may require the
preparation of an environmental impact statement.
(3)
Within 62 days from the date of the closing of the
hearing, the Zoning Board of Appeals shall make a decision to approve,
with or without modifications, or disapprove the application. Such
sixty-two-day period may be extended by mutual consent of the applicant
and the Zoning Board of Appeals or as necessary to comply with the
requirements of New York State Village Law § 7-728 regarding
coordination with the New York State Environmental Quality Review
Act. Any decision of the Zoning Board of Appeals shall include a brief
written record of the conditions upon which such decision was made.
[Amended 1-5-2010 by L.L.
No. 1-2010; 4-5-2022 by L.L. No. 1-2022]
If the subdivider should fail to submit final
plans for signature within six months of Zoning Board of Appeals approval,
the approval shall be considered null and void unless an extension
of time is requested by the subdivider, in writing, and is granted
by the Zoning Board of Appeals before the expiration date.
A.
Every copy of the final plat submitted for signature
shall carry the following endorsement:
|
"Approved by resolution of the Zoning Board
of Appeals of the Village of Altamont, New York, on the ____ day of
__________, 20 ___, subject to all requirements and conditions of
said resolution. Any change, erasure, modification or revision of
this plat, as approved, shall void this approval. Signed this _____
day of __________, 20 ___ by Chairperson __________________"
|
B.
Every copy of the final plat submitted for signature
shall have a signature line for the Superintendent of Public Works.
C.
The subdivider shall provide the Zoning Board of Appeals
with two final copies of the final plat.
D.
The Chairperson of the Zoning Board of Appeals and
the Superintendent of Public Works, if applicable, will sign the final
plat once all conditions have been met.
E.
The subdivider shall have the Albany County Clerk
stamp all signed copies of the final plat. The Albany County Clerk
will file one paper copy.
F.
The subdivider shall bear all fees in connection with
the filing of the plat.
G.
The final plat shall be filed with the Albany County
Clerk in the manner required by § 7-728 of the New York
Village Law before the sale of any lots within such subdivision.
H.
No changes, erasures, modifications or revisions shall
be made in any subdivision plat after approval has been given by the
Zoning Board of Appeals and endorsed, in writing, on the plat. In
the event that the subdivision plat, when recorded, contains any such
changes, the plat shall be considered null and void, and the Zoning
Board of Appeals shall institute proceedings to have such plat stricken
from the records of the County Clerk.
[Amended 4-5-2022 by L.L. No. 1-2022]
If at any time after the final plat has been signed by the Chairperson of the Zoning Board of Appeals or filed with the Albany County Clerk the subdivider wants to amend the plat in any way, the subdivider shall make application to the Zoning Board of Appeals for a final plat amendment. The Zoning Board of Appeals shall determine whether such amendment warrants a public hearing. Any amendment to a filed plat must be refiled with the County Clerk in accordance with § 315-12.
