The following procedures and requirements shall apply to minor subdivisions only (see definitions). All other subdivisions and resubdivisions, regardless of the total number of lots involved, shall be processed as major subdivisions according to the procedures and requirements specified herein.
A.
Sketch plan required. Submission of a sketch plan showing existing site features and a tentative layout of the subdivision shall be required as part of the plan approval process for all minor subdivisions. The Planning Board shall use the sketch plan for determining whether the subdivision is located in an agricultural district. Metes and bounds descriptions of lots shall not be required. The Planning Board may also require the submission of such a sketch plan or alternate sketch plans depicting different development concepts for a property.
B.
Application. Any person proposing to create a minor subdivision shall submit along with plans required below, an application for minor subdivision approval. This application shall be accompanied by:
(1)
The name, address and telephone number of the property owner of record and those of the subdivider, if different.
(2)
The name or number of the road where the proposed subdivision is to be located.
(3)
The name, address and telephone number of the surveyor or engineer preparing the subdivision plans.
(4)
The type of water supply proposed.
(5)
The type of sewer system proposed.
(6)
The required fee or receipt for the same from the Planning Board Secretary.
(7)
A completed Environmental Assessment Form as required by SEQRA.
(8)
An agricultural data statement, if applicable.
(9)
A copy of the filed deed or easements for the parcel(s) may be required by the Planning Board.
(10)
All rights-of-way, easements, accesses and improvements, both existing and proposed, and any site features or known environmental constraints that could have a bearing on the project including the general topography, floodplain, wetlands, bodies of water, and existing ground cover. Aerial photography may also be required.
C.
Final plan. The subdivider shall submit seven copies of a final plan and required supplementary data for the proposed subdivision. This plan shall be prepared by a professional engineer or surveyor and shall show all the lots proposed to be created. The final plan shall meet the following requirements:
(1)
The subdivision plan shall, ordinarily, be not less than 24 inches by 36 inches nor more than 36 inches by 48 inches in size.
(2)
The names of all abutting property owners and the size of any remaining acreages in the tract from which lots are being taken shall be shown.
(3)
The plan shall contain the following information:
(a)
The name of the municipality, name of the owner of record, and parcel address;
(b)
Zoning district and a chart illustrating the minimum development standards of that district from the Schedule of Use;
(c)
North Point and graphic scale;
(d)
Original plan date and any subsequent revision dates;
(e)
Blank approval blocks for the Town Planning Board signatures shall appear on every sheet of the set of plans.
(4)
Soil types found on the site shall be shown unless the lots involved are lot improvements or contain existing sewage systems. Soil Conservation Service classifications shall be used. Topography may be required at the discretion of the Planning Board on smaller lots. Alternatively, the Planning Board may accept a Waste Disposal System permit from the Ulster County Board of Health or a written statement from a licensed engineer certifying the parcel will be able to support a sewage system.
(5)
Existing public roads shall be identified by traffic route numbers and private roads by their posted names and numbers.
(6)
Proposed lot or parcel lines shall be drawn to scale and dimensions given in feet and hundredths of a foot. Lot areas shall be shown in acres or square feet. The plan shall depict the proposed subdivision as a part of the contiguous holdings of the subdivider, and show adjacent lots already taken from the parcel.
(7)
Such other pertinent information as may be required on a checklist to be developed and adopted by the Planning Board and updated from time to time by resolution.
D.
Soil tests. Documentation as may be required by the Ulster County Department of Health or the Town of Rochester Planning Board, along with a soils evaluation by the test pit method and/or other required supplemental data relating to sewage disposal shall be submitted. The Town of Rochester Planning Board shall be authorized to require such information for any subdivision where the lot sizes proposed, published soil data or other information suggests testing is warranted as a matter of public health.
E.
Street encroachment permits. A completed application to the Rochester Highway Superintendent, the State Department of Transportation or County Department of Public Works, as the case may be, for a street encroachment permit, shall also be required.
F.
Public hearing. The Planning Board shall conduct an environmental review pursuant to SEQRA and make a determination with respect to environmental impacts upon receipt of a completed final plan. For the purposes of this code, a subdivision 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.
(1)
Should the Board determine a positive declaration and an environmental impact statement be required, it shall proceed in the manner provided by New York State Town Law § 276.
(2)
Should the Board determine a negative declaration, within 62 days of the receipt of a complete final plan by the Planning Board Secretary, the Planning Board shall hold a public hearing.
(3)
Notice of hearing. Such hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days prior to the hearing and providing such other notice using the same notice used in the public advertisement, to all property owners within 500 feet of the parcel boundaries as identified in the latest tax assessment records of the Town of Rochester, including those for properties on the opposite side of any public or private road. Such notice shall be given by the Town at the expense of the applicant by regular mail postmarked at least seven calendar days in advance of such hearing. Such notice shall explain the approval requested and the rights of all landowners to both subdivide land and offer public input on applications. The Planning Board shall be authorized to waive this requirement where it is determined by the Board that adjoiners have otherwise been afforded reasonable notice of such hearing as evidenced by their appearance at or knowledge of such hearing. No hearing shall be delayed where the Board determines the Town has made reasonable attempts to notify all interested parties as provided herein. The hearing shall be closed on motion of the Planning Board within 120 days after it is opened unless extended by mutual agreement of the Town and the applicant.
G.
Action on final plan. The Planning Board shall, by resolution, conditionally approved with or without modification, disapprove or grant final approval and authorize signing such plan within 62 days of the close of the public hearing.
H.
Certification, filing and signing of final plan. Within five business days of the adoption of the resolution granting conditional or final approval of the final plan, such plan shall be certified by the Secretary as having been granted conditional or final approval and a copy of such resolution and plan shall be filed in such Secretary's office and with the Town Clerk and shall be mailed to the subdivider. In the case of a conditionally approved plan, such resolution shall include the requirements which, when completed, will authorize the signing thereof. Upon completion of such requirements, the plan shall be signed by a duly authorized officer of the Planning Board and filed with the Secretary.
I.
Time limits on conditional approvals. A conditional approval of a final plan shall expire 180 days after such approval unless all conditions are satisfied and certified as completed. This period may be extended for periods of 90 days upon written request of the subdivider, where particular circumstances so warrant in the judgment of the Planning Board. No plan shall be signed by the Chair of the Planning Board until such time as all conditions are documented as satisfied, including approvals of other agencies as may be required.
J.
Approvals by default. In the event the Planning Board fails to take action on a plan within the time periods prescribed herein or within such extended periods as may have been established by mutual consent of the subdivider and Planning Board, the subdivider shall be entitled to an approval by default pursuant to New York State Town Law.
K.
Recording of final plans. All final plans shall be filed in the office of the County Clerk within 62 days of approval, subject to the provisions of § 276 of the Town Law. Three filed copies shall be returned to the Planning Board. Three copies of any filed deed agreements such as a road maintenance agreement shall also be returned to the Planning Board.
L.
County review. Applications for preliminary or final plan approval shall, where Ulster County has assumed such review authority, be subject to referral to the county pursuant to §§ 239-k and 239-n of the General Municipal Law, if located within 500 feet of:
(1)
The Town boundaries; or
(2)
The boundaries of any existing or proposed county or state park or other recreation area; or
(3)
The right-of-way of any county or state highway; or
(4)
The right-of-way of any existing or proposed stream or drainage channel owned by the county or for which the county has established channel lines; or
(5)
The boundary of any existing or proposed county or state land on which a public building or institution is situated; or
(6)
The boundary of a farm operation in an agricultural district.
M.
Neighboring municipality notification. Notice shall, as required by § 239-nn of the General Municipal Law, be given to an adjacent municipality (town or village) whenever a public hearing is held by the Town of Rochester Planning Board regarding a subdivision review and approval on property that is within 500 feet of such adjacent municipality. Such notice shall be given by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any such hearing. Such adjacent municipality may appear and be heard.