Whenever any subdivision of land is proposed and before any
contract for the sale or lease of or any offer to sell or lease any
lots in such subdivision or any part thereof is made and before any
permit for the erection of any structure in such proposed subdivision
shall be granted, the subdivider or his duly authorized agent shall
apply, in writing, for approval of such proposed subdivision in strict
accordance with the following procedures.
A.
The property owner or his duly authorized representative shall initially schedule an appointment with the Clerk of the Planning Board to informally discuss the proposed subdivision and become familiar with the requirements of these regulations, Chapter 120, Zoning, and other laws, ordinances, rules, regulations or policies of the Town of Stockport, County of Columbia or State of New York that may be pertinent to the proposed subdivision.
B.
Discussion at the preapplication conference shall include review
of both procedural and submission requirements and the technical application
of the standards provided within this chapter as related to lot layout
and required improvements.
A.
The purpose of the sketch plan phase is to provide the subdivider
with an opportunity to consult early and informally in the subdivision
process with the Planning Board in order to save time and money and
to improve the opportunity for more desirable development.
B.
Three copies of the sketch plan shall be submitted to the Planning
Board for informal review for all major subdivisions. The sketch plan
should show the location of the subdivision, all existing structures,
wooded areas, significant physical features, existing utilities and
community resources and the proposed pattern of lots, streets, drainage,
open space and water and sewer facilities.
C.
The subdivider shall appear before the Planning Board to present
the proposed sketch plan and to receive information that may be necessary
to process the request. The subdivider may meet with the Planning
Board prior to preparing the sketch plan to discuss procedural matters
as well as pertinent development requirements and potential concerns,
including but not limited to the design of streets, reservations of
land, local development policies, drainage and erosion control and
slope stabilization measures, water retention facilities, sewerage,
water supply and fire protection.
D.
Subdividers of land adjoining state or county highways are advised
to consult with the resident engineer of the New York State Department
of Transportation or the County Highway Department at the sketch plan
stage in order to resolve problems of street openings or stormwater
drainage at the earliest possible stage in the design process.
E.
Where public utilities are involved, the subdivider's engineer
should contact the appropriate agencies for connection specifications
and capacity requirements, as well as other pertinent construction
standards.
F.
The Planning Board shall determine whether the sketch plan meets
the purposes of this chapter and if the proposal is consistent with
existing or potential development of adjacent areas and the Town Master
Plan, if any. The Planning Board shall inform the applicant of the
actions to be taken to meet the requirements of this chapter. The
requirements for compliance with SEQR shall also be discussed at this
stage. The Planning Board may, if it deems it appropriate, refer a
copy of the sketch plan to the Town Engineer or any other village
official for review and report.
G.
Within 45 days following the receipt of a complete sketch plan, the
Planning Board shall transmit a written report to the applicant containing
its comments concerning the design of the proposed project. Copies
of minutes of relevant meetings of the Planning Board shall be considered
a sufficient written report. The time frame within which the Planning
Board is required to act may be extended by mutual consent of the
Planning Board and the applicant.
A.
Within six months of the classification by the Planning Board of the sketch plat, a preliminary plat shall be prepared and submitted to the Planning Board for all proposed subdivisions. The preliminary plat shall be clearly marked "preliminary plat" and shall satisfy the requirements for preliminary layouts as described in Article VI of this chapter. Preliminary plats for major subdivisions should comply with the recommendations made by the Planning Board in its report on the sketch plan. A completed environmental assessment form shall also be submitted at this time.
B.
Six copies of the preliminary plat and supplementary materials specified
herein shall be submitted to the Planning Board.
C.
The preliminary plat shall be accompanied by a fee to cover administrative
and inspection costs in accordance with the fee schedule adopted by
the Town Board.
D.
One copy of the preliminary plat shall be returned to the applicant
with the notification of decision, and one copy shall be retained
by the Planning Board. The other copies shall be used for necessary
coordination with other agencies or consultants.
E.
The Planning Board shall study the preliminary plat, taking into consideration the topography of the area, the requirements of the community and the best use of the land proposed to be subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water and sewer services, drainage, lot sizes and arrangements, the future development of adjoining lands as yet unsubdivided and the requirements of Chapter 120, Zoning, and the Master Plan, if any. In the review of the preliminary plat, the Planning Board shall consult with the Town Engineer and such other officials or agencies as may be appropriate. The Town Engineer shall report to the Planning Board concerning the adequacy of the engineering features shown on the preliminary plat.
F.
Within 62 days following the receipt of a complete and satisfactory
preliminary plat and supporting documentation, including a completed
environmental assessment form, the Planning Board shall, pursuant
to Town Law, conduct a public hearing on the proposed subdivision.
The notice of hearing shall be advertised at least once in a newspaper
of general circulation in the village not less than five days before
such hearing.
G.
Within 62 days following the public hearing, the Planning Board shall
approve, with or without modification, or disapprove such preliminary
plat. The grounds for a modification or disapproval, if any, shall
be stated upon the records of the Planning Board. Notwithstanding
the foregoing provisions, the time within which the Planning Board
must take action on such plat may be extended by mutual consent of
the subdivider and the Planning Board. When approving a preliminary
plat, the Planning Board shall state, in writing, any modification
it deems necessary prior to submission of the plat in final form.
H.
Within five days of the decision on the preliminary plat, the Planning
Board shall file its decision in the office of the Town Clerk. In
addition, the subdivider shall be provided with written notification
of the action by the Planning Board within five days of the decision.
In the event that the Planning Board fails to take action on a preliminary
plat within the time frame prescribed herein, such plat shall be deemed
to have been granted preliminary approval. The certificate of the
Town Clerk as to the date of submission and the failure to take action
within such prescribed time shall be issued on demand and shall be
sufficient in lieu of written endorsement or other evidence of approval.
A.
Within six months of receiving approval from the Planning Board on
a preliminary plat, with or without modification, the applicant may
submit a final plat for approval by the Planning Board. The final
plat shall be accompanied by the remainder of the subdivision fees
as specified by the fee schedule adopted by the Town Board.
B.
If more than six months have elapsed between the time of the Planning
Board's decision on the preliminary plat and the submission of
the final plat, the Planning Board may require a resubmission of the
preliminary plat prior to accepting the proposed final plat if it
determines that conditions affecting the plat have changed significantly
in the interim. If the Planning Board determines that the preliminary
plat shall be resubmitted, the Planning Board shall conduct another
public hearing on the proposed subdivision.
C.
A tracing on Mylar, plus six copies of the tracing and other exhibits required for approval, as specified herein and as described in Article VI, shall be submitted with the application for final plat approval. When submitting a final plat for Planning Board approval, the subdivider shall also file formal offers of dedication to the Town or other appropriate public agencies of all streets, parks and playgrounds and other permanent open spaces for community use as well as all utilities and storm drainage facilities as shown in the final plat. The approval of the plat does not constitute acceptance by the Town of the dedication of such facilities. Evidence of all necessary easements or easement documents, if appropriate, as well as any other legal documents requested by the Planning Board shall be submitted with the final plat.
D.
The subdivider may choose to develop the subdivision in stages. If
such staging is proposed, the developer shall submit the final plat
for a portion of the area encompassed by the preliminary plat, provided
that the proposed development stages were indicated on the preliminary
plat approved by the Planning Board. A section shall include at least
25% of the total number of lots contained in the approved plat. No
more than two individual sections of a subdivision shall be in process
or under construction at the same time.
E.
The final plat shall conform substantially to the preliminary plat
approved by the Planning Board. It shall incorporate any modifications
or other features that may have been recommended by the Planning Board
at the preliminary plat stage. All such compliances shall be clearly
indicated by the subdivider on the submission.
F.
Within 62 days of the receipt of a complete and satisfactory final
plat which the Planning Board deems to be in substantial agreement
with the preliminary plat approved pursuant to this article, the Planning
Board shall, by resolution, conditionally approve, with or without
modification, disapprove or grant final approval and authorize the
signing of such plat.
G.
When a final plat is submitted which the Planning Board deems not
to be in substantial agreement with the preliminary plat approved
pursuant to this article, the following shall apply:
(2)
The Planning Board shall hold a public hearing on such final plat
not later than 62 days after the receipt of the final plat. The hearing
shall be advertised at least once in a newspaper of a general circulation
in the Town at least five days before such hearing.
(3)
The Planning Board shall, by resolution, 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 the public
hearing. The grounds for a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board.
H.
Written notice of the action by the Planning Board shall be mailed
to the applicant and filed in the office of the Town Clerk within
five days of the date of the action by the Planning Board. The action
of the Planning Board shall be recorded in the Board's minutes.
In the case of the disapproval of a proposed final plat, the Planning
Board minutes shall specify the reasons for disapproval. Notwithstanding
the foregoing provisions of this chapter, the time within which the
Planning Board must take action on such plat may be extended by mutual
consent of the subdivider and the Planning Board. In the event that
the Planning Board fails to take action on a final plat within the
time prescribed herein, the plat shall be considered to be approved.
A certificate of the Town Clerk as to the date of submission and the
failure to take action within such prescribed time shall be issued
on demand and shall be sufficient in lieu of written endorsement or
other evidence of approval.
I.
No construction of any sort, site improvements or a building permit
for any structure within the proposed subdivision shall be issued
by the Building Inspector until the record sheet of the final plat
has been approved by the Planning Board and the subdivision is filed
in the office of the Columbia County Clerk and liber and page numbers
have been assigned by the County Clerk. If a permit is desired for
the occupancy of a building in the subdivision prior to the completion
of all of the improvements shown on the approved construction sheet
of the subdivision plat, the Town Engineer shall determine that the
streets and utilities serving the building are sufficiently completed
to adequately serve the proposed occupancy.
J.
Every final plat submitted to the Planning Board for its approval
shall carry the following endorsement:
|
Approved by resolution of the Planning Board of the Town of
Stockport, New York, on the _______ day of _____________, 20_____,
subject to all requirements and conditions of said resolution. Any
change, erasure, modification or revision of the plat, as approved,
shall void this approval.
| ||
|
Signed this _____ day of _____________, 20_____, by
| ||
|
Chairperson or
| ||
|
Designee
| ||
K.
If the Planning Board conditionally approves the final plat, the
Planning Board may authorize the Chairman, or designee, to sign the
plat upon the completion of the requirements specified in the approval
resolution. Within five days of granting conditional approval, the
final plat shall be certified by the Chairman of the Planning Board,
or designee, as conditionally approved. A copy of such action shall
be filed in the office of the Town Clerk and a certified copy mailed
to the subdivider, including a certified statement listing those requirements
which, upon completion, would constitute approval of the final plat.
Upon completion of the requirements, the plat shall be signed by the
Chairman of the Planning Board, or designee. Conditional approval
of a final plat shall expire within 180 days following the date of
the resolution granting conditional approval unless all such requirements
have been certified as completed. Notwithstanding the foregoing provisions
of this chapter, the Planning Board may extend the time within which
a conditionally approved plat must be submitted for final approval.
If the Planning Board determines that such an extension is warranted,
it may extend the date for no more than two periods of 90 days each.
L.
No changes, erasures, modifications or revisions shall be made to
any final plat following approval and endorsement by the Planning
Board on the plat. In the event that a final plat, when recorded,
contains any such changes, the plat shall be considered null and void,
and the Planning Board shall institute proceedings to have said plat
stricken from the records of the County Clerk.
M.
An approved plat shall be filed in the office of the County Clerk
within 62 days following the date the plat is signed by the Chairman
of the Planning Board, or designee, or the certificate of the Town
Clerk as to the date of the submission of the final plat and failure
of the Planning Board to take action thereon within the time prescribed
is issued. If the plat is not filed within this time period, the approval
shall become null and void. In the event that the owner shall file
only a section of such approved plat in the office of the County Clerk,
the entire approved plat shall be filed with the Town Clerk within
30 days of the filing of such section. Any section of the approved
plat which is filed in the office of the County Clerk shall encompass
at least 25% of the total number of lots contained in the approved
plat. The approval of the remaining sections of the approved plat
shall expire unless said sections are filed before the expiration
of the exemption period to which such plat is entitled under the provisions
of the Town Law.
A.
The Planning Board shall approve or disapprove minor subdivision
final plats in accordance with the provisions of this section.
B.
Applicants for approval of minor subdivision plats are encouraged
to meet with the Building Inspector to determine whether the approval
process authorized by this section can and should be utilized. The
Building Inspector may require the applicant to submit whatever information
is necessary to make this determination, including but not limited
to a copy of a Tax Map showing the land proposed to be subdivided
and all lots previously subdivided from that tract of land.
C.
The Planning Board may require a series of submittals conforming
to those for major subdivisions, but may waive data requirements for
good cause.
D.
Applicants for minor subdivision approval shall submit seven copies
of the final plat and supplementary materials specified herein to
the Planning Board not less than seven days prior to the regularly
scheduled meeting at which time the applicant is seeking consideration
by the Planning Board.
E.
The plat shall be accompanied by a fee to cover administrative and
inspection costs in accordance with the fee schedule adopted by the
Town Board.
F.
Within 62 days of the receipt of a complete and satisfactory application
for approval of a plat for minor subdivision approval, including a
completed environmental assessment form, the Planning Board shall
conduct a public hearing on the proposed plat. Said hearing shall
be advertised in a newspaper of general circulation within the Town
at least once not less than five days prior to the healing.
G.
Subsequent to the adoption of this chapter, not more than three lots
may be created out of one parcel using the minor subdivision approval
process, regardless of the time frame within which said lots are proposed
to be created.
H.
The Planning Board shall approve, deny or conditionally approve the
proposed minor subdivision plat by signature on the plat by the Chairman
of the Planning Board, or designee. Action by the Planning Board shall
be taken within 62 days following the public hearing. The time period
within which the Planning Board is required to act may be extended
by mutual agreement of the applicant and the Planning Board. The applicant
shall be notified, in writing, and all decisions of the Planning Board
shall be filed in the office of the Town Clerk within five days. If
the Planning Board fails to act within the sixty-two-day period, the
subdivision shall be deemed to be approved, and the Town Clerk may
issue a certificate of approval on demand.
I.
If the subdivision is disapproved, the Planning Board shall furnish
the applicant with a written statement specifying the reasons for
disapproval.
J.
If the subdivision is conditionally approved, the Chairman of the
Planning Board, or designee, may be authorized to sign the plat upon
the completion of the requirements specified in the approved resolution.
K.
Approval of any plat is contingent upon the plat being recorded in
the office of the Columbia County Clerk within 62 days following the
date the plat is signed by the Chairman of the Planning Board, or
designee. If such plat is not filed within this time period, the approval
by the Planning Board shall be null and void.
L.
The construction of any improvements or the provision of guaranties
for such improvements shall be in accord with the procedures and requirements
specified herein for major subdivisions.
A.
Preliminary plats and final plats where no preliminary plat was required
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. The time periods for review of a
preliminary plat shall begin upon filing of such negative declaration
or such notice of completion.
B.
When the Planning Board is lead agency under the State Environmental
Quality Review Act (SEQR), any public hearing held by the Planning
Board on a preliminary plat, on a final plat where no preliminary
plat was required or on a final plat which does not substantially
conform to an approved preliminary plat shall be coordinated with
the environmental review process as follows:
(1)
If the Planning Board determines that the preparation of an environmental
impact statement is not required, the public hearing on the plat shall
be held within 62 days after the receipt of a complete preliminary
plat; or
(2)
If the Planning Board determines that the preparation of an environmental
impact statement is required and a public hearing on the draft environmental
impact statement is held, the public hearing on the 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. If no public hearing is held on the draft environmental
impact statement, the public hearing on the plat shall be held within
62 days of filing the notice of completion.
(3)
The hearing on the plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement or 14 days before a hearing held jointly therewith.
The hearing on the plat shall be completed within 120 days after it
has begun.
(4)
If the Planning Board determines that an environmental impact statement
is required and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing. If
no public hearing is held on the draft environmental impact statement,
the final environmental impact statement shall be filed within 62
days following the close of the public hearing on the plat. Within
30 days of the filing of such final environmental impact statement,
the Planning Board shall issue findings on the final environmental
impact statement and make its decision on the plat.
C.
If the Planning Board is not lead agency under the State Environmental
Quality Review Act, any public hearing held by the Planning Board
on a preliminary plat, on a final plat where no preliminary plat was
required or on a final plat which does not substantially conform to
an approved preliminary plat shall be coordinated with the environmental
review process as follows:
(1)
The Planning Board shall, with the agreement of the lead agency,
hold the public hearing on the plat jointly with the lead agency's
hearing on the draft environmental impact statement. Failing such
agreement, the Planning Board shall hold the public hearing on the
plat within 62 days after the receipt of a complete plat by the Clerk
of the Planning Board.
(2)
The hearing on the plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such a manner as it deems most appropriate for full public consideration
of such plat. The hearing on the final plat shall be completed within
120 days after it has begun.
(3)
The Planning Board shall act on the plat within 62 days after the
close of the public hearing on such plat.
A.
Upon the posting of a satisfactory performance guaranty or letter of credit or upon certification of the completion or installation of all required improvements to the satisfaction of the Town Board, in accordance with § 105-14, and upon Planning Board approval of the final plat, the subdivider or his successor in title may be issued building permits for the construction of buildings in accordance with the approved subdivision plat, Chapter 120, Zoning, and other applicable laws, rules and regulations.
B.
In instances where building permits have been authorized upon the posting of a satisfactory performance guaranty or letter of credit, the subdivider or his successor in title may not be subsequently issued certificates of occupancy for any buildings constructed in the subdivision until completion of all required improvements to Town standards and upon certification of such as required in § 105-14 of this chapter.
