[Amended 4-5-2022 by L.L. No. 1-2022]
Before beginning work on a major 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 § 315-15.
A.
Submission requirements. The subdivider shall submit
to the Zoning Board of Appeals:
[Amended 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 location 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. 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.
(i)
Contours with intervals of not more than 10
feet.
(3)
An area map showing:
(a)
A scale, which shall be one inch equals 400
feet.
(b)
All streets, lots and USGS contours between
the subdivider's property and the nearest collector or arterial street
in every direction or within 5,000 feet of the subdivider's property,
whichever is less. This map must show how the proposed subdivision
relates to existing and proposed streets in adjoining subdivisions
and to the Village's network of collector streets.
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 the 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 the following for incorporation
in the next submission to the Zoning Board of Appeals:
(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 appoint a Village-designated engineer to review and inspect future subdivision submissions. 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 require that the subdivider
flag the boundaries of the proposed subdivision and the center lines
of the proposed streets in order to facilitate adequate on-site reviews.
(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.
A.
Submission requirements.
(1)
It shall be the responsibility of the subdivider to
distribute to the Zoning Board of Appeals, any Village-designated
engineer, and the Superintendent of Public Works:
[Amended 4-5-2022 by L.L. No. 1-2022]
(b)
A completed SEQR short or long form, as directed
by the Zoning Board of Appeals. An application 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.
(c)
A traffic study, if required by the Zoning Board
of Appeals.
(d)
Any other supporting development data relevant
to the subdivision or requested by the Zoning Board of Appeals.
B.
Contents of the preliminary plat. The preliminary
plat shall be a map or maps and other supporting information which
contain the following:
(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 be oriented toward the top of the plat; date; and the label
"preliminary plat."
(b)
The name and address of the owner, subdivider
and engineer or licensed land surveyor, including license number,
seal and signature.
(c)
The subdivision's boundaries and the current
owners of all contiguous properties and the names of any adjoining
developments.
(d)
The total acreage of the subdivision and the
number and dimensions of lots, including width, depth, and acreage
or square footage of every proposed lot.
(e)
All streets and street names, either mapped
or built, adjacent to and within the tract and the right-of-way width
thereof.
(f)
The building envelope showing the required setbacks
in which proposed structures may be built and any areas to be left
undisturbed.
(g)
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 licensed land surveyor.
(h)
All existing septic systems and all existing
and proposed irrigation wells.
(i)
All existing structures, wooded areas, streams
and other significant physical features within the part to be subdivided
and within 200 feet.
(j)
The zoning classification and tax map number(s)
of the property to be subdivided.
(k)
The zoning regulations affecting the proposed
subdivision, including setbacks, density, coverage and other regulations.
(l)
All existing restrictions on the use of land,
including easements and covenants.
(m)
All green areas, open space and screen plantings,
giving the size and type of plantings to be used, if applicable.
(n)
The approximate location and dimensions of all
property to be dedicated for public use or common use and the conditions
of such dedications.
(o)
The location and dimensions of land to be reserved for parks or recreational purposes, as required by § 315-28.
(p)
The location of all existing and proposed sidewalks,
bikeways or footpaths both on the property and adjacent to it.
(q)
A location map, at a scale of not less than
one inch equals 2,000 feet, showing all streets and lands within at
least 5,000 feet of the proposed subdivision.
(2)
An area map showing:
(a)
A scale, which shall be one inch equals 400
feet.
(b)
All streets, lots and USGS contours between
the subdivider's property and the nearest collector or arterial street
in every direction or within 5,000 feet of the subdivider's property,
whichever is less. This map must show how the proposed subdivision
relates to existing and proposed streets in adjoining subdivisions
and to the Village's network of collector streets.
(3)
A grading plan showing:
(a)
The existing topography with contours at intervals
of not more than two feet with all slopes of 12° or greater delineated
[the datum plane for all topographic information shall be based on
the National Geodetic Vertical Datum (NGVD) 1929].
(b)
The approximate finished grades of the entire
tract with contours at intervals of not more than two feet and indicating
all areas of trees and vegetation which will be left undisturbed by
development construction.
(4)
A street and utility map showing:
(a)
The names, location, profiles, width and approximate
grade of all proposed streets. Elevations shall be shown at the beginning
and end of each street, at street intersections and at all points
where there is a change in direction or a five-percent or greater
change in slope.
(b)
The proposed provision of water supply, fire
protection, disposal of sanitary wastes and stormwater drainage.
(c)
The location of existing and proposed utilities,
including sewers, water mains, fire hydrants, storm drainage and culverts,
with pipe sizes and direction of flow, both on the property and adjacent
to it, and the boundaries of any proposed water or sewer districts.
(5)
A traffic study.
(a)
A traffic study estimating the average daily
(AADT) and peak hour a.m. and p.m. trips to be generated by the completed
subdivision shall be required if the subdivision is anticipated to
increase AADT by more than 100 vehicles. This study shall estimate
the distribution of trips between the entrance(s) to the subdivision
and the Village's arterial streets. Any intersection(s) whose peak
hour levels of service may be adversely impacted by traffic from the
completed subdivision shall be identified and mitigation measures
offered, taking into consideration traffic from other existing and
proposed subdivisions in the area.
(b)
The traffic study shall be based on the latest
Institute of Transportation Engineers data, methodology and standards.
(6)
An off-site improvement plan showing the off-site
improvements, if required, to be undertaken by the subdivider in conjunction
with development of the subdivision.
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 1-5-2010 by L.L. No. 1-2010; 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)
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]
(4)
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.
(1)
The Village-designated engineer will review the plan
to determine if it meets the submission requirements as set forth
in these regulations, the requirements of the Highway Development
Policy and any other applicable Village policies.
(2)
Once all the submission requirements are met and a
report from the designated engineer received, the Zoning Board of
Appeals shall hold a public hearing on the preliminary plat within
62 days from the date an application is confirmed as complete by the
Village-designated engineer. Notice of the hearing shall be provided
as required by Village Law § 7-728.
[Amended 1-5-2010 by L.L. No. 1-2010; 4-5-2022 by L.L. No. 1-2022]
(3)
All plans and supporting documentation must be on
file with the Zoning Board of Appeals a minimum of 10 days prior to
the public hearing.
[Amended 4-5-2022 by L.L. No. 1-2022]
(4)
The preparation and cost of publication and mailing
of required notice of public hearing shall be borne by the Zoning
Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
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)
Once the Zoning Board of Appeals has received a preliminary
plat, the Board will coordinate a review with the Building Inspector,
Public Works Department and the Village-designated engineer. Comments
will be forwarded, in writing, to the subdivider. A subdivision application
will not be advertised for a public hearing until the Village-designated
engineer has submitted a report stating that all submission requirements
have been met.
(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)
The Zoning Board of Appeals will carefully study the
preliminary layout, taking into consideration the requirements of
the community, its natural resources, the best use of the land subdivided,
and conformity with the Village Comprehensive Plan. Particular attention
will be given to the arrangement, location and width of streets, their
relation to the types of soil, topography of the land, sewage disposal,
drainage, preservation of vegetation and other environmental features,
lot size and arrangement, the present and future development of adjoining
lands and the requirements of the Village of Altamont Zoning Law.
(4)
The Zoning Board of Appeals may require the developer
to undertake off-site improvements to the Village's highway, water,
sanitary sewer or stormwater drainage systems or to contribute an
equitable per-lot fee for such improvements in conjunction with other
developments in the immediate area for the purpose of accommodating
the impacts of the proposed development without degradation of services
to existing landowners in the neighborhood of the development.
(5)
The final plat may be submitted in phases, if approved
by the Zoning Board of Appeals. Each phase must cover a portion of
the entire subdivision shown on the approved preliminary plat.
(6)
Within 62 days from the date of the closing of the
public hearing, the Zoning Board of Appeals will 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 report outlining the conditions upon which such decision
was made.
G.
Approval of the preliminary plat.
(1)
Approval of the preliminary plat shall constitute
approval of the proposed subdivision as to the general character and
intensity of development and the arrangement and approximate dimensions
of streets, lots and other planned features. Approval of the preliminary
plat does not constitute approval of the final plat and does not authorize
the sale of building lots, the installation of streets or utilities,
or other construction activities on such lots.
(2)
The developer must submit to the Zoning Board of Appeals
a proposed final plat within 180 days of obtaining preliminary plat
approval. If the developer does not file the proposed final plat within
the one-hundred-eighty-day period, the approval of the preliminary
plan shall become null and void unless a specific extension of time
is requested by the subdivider, in writing, and approved by the Zoning
Board of Appeals before the expiration date.
[Amended 4-5-2022 by L.L. No. 1-2022]
H.
Combining the preliminary and final plat hearing.
The Zoning Board of Appeals may elect to combine the preliminary and
final plat hearing into one hearing when:
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
The proposed subdivision does not propose the creation
or extension of a Village street or the extension of any municipal
facilities.
(2)
It is determined that there are no particular municipal
concerns that would warrant having separate preliminary and final
hearings.
(3)
The Board is satisfied that there is no additional
information needed to render a determination.
[Amended 4-5-2022 by L.L. No. 1-2022]
The Zoning Board of Appeals may designate a
consulting engineer or other professionals as needed to inspect the
subdivision plat and construction detail sheets, to confer with the
subdivider and/or the subdivider's engineer and report to the Zoning
Board of Appeals on the adequacy of the subdivision plat. All fees
associated with project review shall be the responsibility of the
applicant as per Subsection B below.
A.
Responsibilities of the Village-designated engineer
or other consulting professional. It shall be the responsibility of
the Village-designated engineer to:
(1)
Review all subdivision and engineering plans furnished
by the subdivider.
(2)
Attend each Zoning Board of Appeals meeting when the
subdivision is scheduled to be discussed.
(3)
Submit to the Board and the subdivider an estimate
of charges for the review and inspection of the subdivision.
(4)
Advise the subdivider, Zoning Board of Appeals and
Superintendent of Public Works, in writing, of his/her approval, approval
with reservations or disapproval of the plat and any amendments and
other submissions thereof, based on compliance with Village standards
and requirements.
(5)
Review any agency's requirements made on the development,
including but not limited to the state, county and Village.
(6)
Confirm all easement and right-of-way descriptions,
warranty and quitclaim deeds, and that Village utilities are appropriately
located on these easements and rights-of-way.
(7)
Approve and deliver to the Village Attorney a complete
packet of developer-signed easements and highway right-of-way deeds.
(8)
Notify the Chairperson of the Zoning Board of Appeals
of any unforeseen items of concern in the course of review or the
construction of the subdivision that may affect the integrity of the
final subdivision.
B.
Payment for the services of such consultants and/or
engineers is to be made from funds deposited by the applicant with
the Village in escrow accounts for such purpose. Such escrow account
shall be established by the Village Board in a dollar amount recommended
by the Zoning Board of Appeals and shall be placed in a separate account
to be used to cover expenses for review and inspection purposes. It
shall be the responsibility of the applicant to submit to the Village,
prior to the commencement of any work associated with said application
before the Board or at such other time as directed by the Board, a
certified check(s) in amount equal to the estimate of the expert consultant
and/or engineer for the cost of services to the rendered to the Village.
This sum shall be released by the Village to said consultant or engineer
in payment for the services rendered to it upon acceptance by the
Village of said services.
A.
Submission requirements.
(1)
Within six months of the approval of the preliminary
plat, 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]
(c)
Two true copies of all offers of cession, covenants,
deed restrictions, easements and other agreements.
(d)
A revised SEQR form, if such revisions were
necessary.
(e)
All information as required by the conditions
attached to preliminary approval.
(f)
Any other information as 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 towards 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)
A land survey, prepared by a licensed land surveyor,
showing dimensions, bearings and angles of all property lines.
(c)
The name and address of subdivider.
(d)
The name of engineer or surveyor.
(e)
The zoning classification of property to be
subdivided.
(f)
The building envelope showing the required setbacks
in which proposed structures may be built and the area to be left
undisturbed as required.
(g)
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.[1]
(h)
All existing septic systems and all existing
and proposed irrigation wells.
(i)
All existing structures, wooded areas, streams
and other significant physical features within the part to be subdivided
and within 200 feet.
(j)
The zoning regulations affecting the proposed
subdivision, including setbacks, density, coverage and other regulations.
(k)
All existing restrictions on the use of land,
including easements and covenants.
(l)
The street addresses of the lots, as assigned
by the Town Assessor's office.
(m)
The streets and street names, bikeways, footpaths,
lots, reservations, easements and areas to be dedicated for public
use. For proposed streets, all widths and approximate grades with
elevations shown at the beginning and end of each street, at street
intersections and at all points where there is a decided change in
the slope or direction.
(n)
Sufficient data to readily determine the location,
bearing and length of every street line, lot line and boundary line
and to reproduce such lines upon the ground.
(o)
The length and bearing of all straight lines,
radii, length of curves and central angles of all curves and tangent
bearings shall be given for each street. All dimensions shall be shown
in feet and decimals of a foot and shall be given together with all
angles of the lines of each lot and lot area in square feet.
(p)
Boundary reference points which tie into the
existing system.
(q)
The boundaries and proposed uses of all property
which is offered for dedication for public use.
(r)
The boundaries and proposed uses of all property
that is proposed to be reserved by deed or covenant for the common
use of property owners in the subdivision.
(s)
The location of all monuments.
(t)
A location map at a scale of not less than one
inch equals 2,000 feet showing all streets and lands within at least
5,000 feet of the proposed subdivision.
(u)
Proposed location and size of water supply,
valves, fire protection, sanitary waste disposal, street trees, streetlight
fixtures, and street signs and the location of manholes, basins and
underground conduits.
(v)
A stormwater pollution prevention plan (SWPP)
consistent with the requirements of the New York State Department
of Environmental Conservation State Pollutant Discharge Elimination
System (SPDES) General Permit for Construction Activities (GP-02-01)
or as amended or revised.
(w)
Storm drainage plan indicating the approximate
location, size and profiles of any proposed storm sewers, culverts,
swales, channels, and retention areas. Calculations for determining
anticipated stormwater runoff shall be included.
(2)
A grading plan showing:
(a)
The existing topography with contours at intervals
of not more than two feet with all slopes of 12° or greater delineated
[the datum plane for all topographic information shall be based on
the National Geodetic Vertical Datum (NGVD) 1929].
(b)
The approximate finished grades of the entire
tract with contours at intervals of not more then two feet and indicating
all areas of trees and vegetation which will be left undisturbed by
development construction.
(4)
An off-site improvement plan showing off-site street
improvements, if required, to be undertaken by the subdivider in conjunction
with development of the subdivision.
C.
Detail construction drawings. It shall be the responsibility
of the subdivider to distribute one copy each of separate construction
drawings to the Village-designated engineer, the Superintendent of
Public Works and the Zoning Board of Appeals which include plans and
profiles showing:
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
Elevations along center lines of all streets within
the subdivision, and, where a proposed street intersects an existing
street, the plan shall show the elevation along the center line of
the existing street to a distance of 100 feet from the intersection.
(2)
The locations of street pavements, including curbs,
gutters and sidewalks, if applicable.
(3)
The location, size, invert elevations and design calculations
of existing and proposed sanitary sewers.
(4)
The location, size and design calculations of existing
and proposed waterlines and fire hydrants.
(5)
The existing and proposed storm drainage system, including
design storm information, the drainage basin area, development extent,
pipe flow information, manholes, culverts and catch basins.
(6)
The location and size of gas, electricity, streetlights
and other utilities or structures.
D.
Review. The Zoning Board of Appeals will review the
final plat submissions and assure that all requirements and conditions
have been met.
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
Once the Zoning Board of Appeals has received a final
plat, the Board will coordinate a review with the Building Inspector,
Public Works Department and the Village-designated engineer.
(2)
The Village-designated engineer will review the final
plat submissions to determine whether all submission requirements
have been met and that the detail construction plans are correct and
in compliance with Village standards. The Village-designated engineer
and Village Attorney will review all covenants, deeds, easements,
bonds and other agreements. All such agreements must be acceptable
to the Village before final approval.
E.
Referrals.
(1)
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 or intersection
with a county highway is proposed.
(2)
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 or intersection with a state
highway is proposed.
F.
Zoning Board of Appeals final plat hearing and decision.
The Board may require a public hearing on the final plat. The Board
shall take action on the final plat within 62 days from the date of
the submission. The time of submission of the final plat shall be
considered to be the date of the Zoning Board of Appeals meeting at
which such plan is considered. The sixty-two-day period may be extended
by written mutual consent of the applicant and the Zoning Board of Appeals.
Any decision of the Zoning Board of Appeals shall include a brief
written report outlining the conditions upon which such decision is
made.
[Amended 4-5-2022 by L.L. No. 1-2022]
G.
Approval of the final plat.
(1)
The Zoning Board of Appeals may, after due deliberation, grant final plat approval, with or without conditions. This approval, once all conditions have been met, will allow the subdivider to file the plat in accordance with § 315-19 and to apply for building permits.
[Amended 4-5-2022 by L.L. No. 1-2022]
(2)
Final plat approval does not permit the sale of building lots until the final plat is recorded in accordance with § 315-19.
(3)
The approval of the Zoning Board of Appeals of a subdivision
plat shall not be deemed to constitute or imply the acceptance by
the Village of any street, park, playground or other open space shown
on said plat. The Zoning Board of Appeals may require said plat to
be endorsed with appropriate notes to this effect.
[Amended 4-5-2022 by L.L. No. 1-2022]
[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:
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"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 __________________"
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B.
Every copy of the final plat submitted for signature
shall have a separate line for signatures by the Village-designated
engineer and the Superintendent of Public Works.
C.
The subdivider shall be responsible for complying
with the mandated review of the Albany County Health Department of
the proposed subdivision and for obtaining the authorized signature
of the Albany County Health Department on at least two linen and six
paper copies of the final plat.
D.
The Village-designated engineer shall inspect the
construction of all land and utility improvements and assure that
they are in conformance with Village standards and specifications.
E.
The subdivider shall provide the Zoning Board of Appeals
with two mylar copies of the site plan, three paper copies of the
site plan and three paper copies of all final plat sheets, stamped
by the Albany County Health Department.
F.
The Chairperson of the Zoning Board of Appeals, Village-designated
engineer and Superintendent of Public Works, if applicable, will sign
the final plat, once all conditions have been met.
G.
The subdivider shall have the Albany County Clerk
stamp all copies of the final plat. The Albany County Clerk will file
one linen copy and one paper copy of the final plat submission.
H.
The subdivider shall file the remaining one linen,
three paper full set and two paper site plans and stamped copies of
the final plat with the Zoning Board of Appeals.
I.
The subdivider shall bear all fees in connection with
the filing of the plat.
J.
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.
K.
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.
L.
The subdivider shall provide the post office having
jurisdiction of the site one paper copy of the site plan. A receipt
from the post office of such filing will be necessary to apply for
building permits.
A.
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 shall state what changes have been made, and the revised plat must be refiled with the County Clerk in accordance with § 315-19. No building permits shall be issued until the requirements of this section have been met.
[Amended 4-5-2022 by L.L. No. 1-2022]
B.
Subdivision or street name changes. If the subdivider wants to change the name of the subdivision or any street name within the subdivision after such subdivision has been filed with the Albany County Clerk, the subdivider shall, in addition to Subsection A, provide the listed information to the following agencies:
(1)
Police dispatchers: revised map and letter stating
changes.
(2)
Building Inspector: letter stating changes.
(3)
Assessor's office: letter stating changes.
(4)
Public Works Department: letter stating changes.
(5)
Village Clerk: letter stating changes.
(6)
Fire Department (jurisdictional): revised map and
letter stating changes.
(7)
Post office (jurisdictional): revised map and letter
stating changes.
