[Amended 2-11-1991 by L.L. No. 1-1991; 9-8-1993 by L.L. No.
3-1993]
Prior to the filing of an application for the approval of a
subdivision plat, the subdivider shall file an application for the
approval of a preliminary plat of the proposed subdivision. Such preliminary
plat shall be clearly marked "preliminary plat" and shall be in the
form described in this article. The preliminary plat shall, in all
respects, comply with the requirements set forth in the provisions
of §§ 276 and 277 of the Town Law and these regulations,
except where a waiver may be specifically authorized in writing by
the Planning Board.
The submission of the preliminary plat shall include the following:
A.
A preliminary subdivision application to be prepared on a form supplied
by the Town Clerk.
B.
A preliminary subdivision plat which conforms to the guidelines specified in Article VIII of this chapter. Such preliminary plat shall be clearly marked "preliminary."
C.
Evidence that the proposed subdivision is under review by the Broome
County Health Department, pending approval on final plat submission.
D.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements Chapter 476, Stormwater Management and Erosion and Sediment Control, of the Code of the Town of Dickinson shall be required for preliminary plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 476, Stormwater Management and Erosion and Sediment Control. The approved preliminary plat shall be consistent with the provisions of Chapter 476, Stormwater Management and Erosion and Sediment Control.
[Added 7-9-2007 by L.L. No. 6-2007]
[Amended 9-8-1993 by L.L. No. 3-1993]
The following documents shall be submitted for approval:
A.
Five copies of the preliminary plat prepared at a scale of not more
than 100, but preferably not less than 50, feet to the inch, showing:
(1)
Proposed subdivision name, name of Town and county in which it is
located, date, true North point, scale, name and address of record
owner, subdivider and engineer or surveyor, including license number
and seal.
(2)
The name of all subdivisions immediately adjacent and the names of
the owners of record of all adjacent property.
(3)
Zoning district, including exact boundary lines of the district, if more than one district, and any proposed changes in the zoning district lines and/or the Chapter 600, Zoning, text applicable to the area to be subdivided.
(4)
All parcels of land proposed to be dedicated to public use and the
conditions of such dedication.
(5)
Location of existing property lines, easements, buildings, watercourses,
marshes, rock outcrops, wooded areas, single trees with a diameter
of eight inches or more as measured three feet above the base of the
trunk and other significant existing features for the proposed subdivision
and adjacent property.
(6)
Location of existing sewers, water mains, culverts and drains on
the property, with pipe sizes, grades and direction of flow.
(7)
Contours with intervals of five feet or less as required by the Board,
including elevations on existing roads, and approximate grading plan
if natural contours are to be changed more than two feet.
(8)
The width and location of any streets or public ways or places shown
on the Official Map or the Comprehensive Plan, if such exists, within
the area to be subdivided and the width, location, grades and street
profiles of all streets or public ways proposed by the developer.
(9)
The approximate location and size of all proposed waterlines, valves,
hydrants and sewer lines and fire alarm boxes; connection to existing
lines or alternate means of water supply or sewage disposal and treatment
as provided in the Public Health Law; and profiles of all proposed
water and sewer lines.
(10)
Storm drainage plan indicating the approximate location and
size of proposed lines and their profiles; and connection to existing
lines or alternate means of disposal.
(11)
Plans and cross sections showing the proposed location and type
of sidewalks, streetlighting standards, street trees, curbs, water
mains, sanitary sewers and storm drains and the size and type thereof,
the character, width and depth of pavements and subbase and the location
of manholes, basins and underground conduits.
(12)
Preliminary designs of any bridges or culverts which may be
required.
(13)
The proposed lot lines with approximate dimensions and area
of each lot.
(14)
Where the topography is such as to make difficult the inclusion
of any of the required facilities within the public areas as laid
out, the preliminary plat shall show the boundaries of proposed permanent
easements over or under private property, which permanent easements
shall not be less than 20 feet in width and which shall provide satisfactory
access to an existing public highway or other public highway or public
open space shown on the subdivision or the Official Map.
(15)
An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances, made and certified
to by a licensed land surveyor. The corners of the tract shall also
be located on the ground and marked by substantial monuments of such
size and type as approved by the Town Engineer and shall be referenced
and shown on the plat.
B.
If the application covers only a part of the subdivider's entire
holding, a map of the entire tract, drawn at a scale of not less than
400 feet to the inch, showing an outline of the platted area with
its proposed streets and indication of the probable future street
system with its grades and drainage in the remaining portion of the
tract and the probable future drainage layout of the entire tract
shall be submitted. The part of the subdivider's entire holding submitted
shall be considered in the light of the entire holdings.
C.
A copy of such covenants or deed restrictions as are intended to
cover all or part of the tract.
Five copies of the preliminary plat shall be presented to the
Town Clerk at the time of submission of the preliminary plat at least
10 days prior to a regular monthly meeting of the Planning Board.
The Chairman of the Planning Board shall distribute copies of
the preliminary subdivision plat to the Town Code Enforcement Officer,
the Town Board and any other public agency or officer which or who
may have a specific interest in the proposal. The Clerk of the Planning
Board shall refer all applicable preliminary plats to the Broome County
Planning Department as provided in § 239-n of the General Municipal
Law.
The subdivider, or his duly authorized agent or attorney, shall
attend the meeting of the Planning Board to discuss the preliminary
plat. The County Health Department, the County Planning Department,
the Soil Conservation Service and the Department of Environmental
Conservation should be requested to attend this meeting to supply
their respective expertise.
The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Comprehensive Plan and the Official Map for the Town of Dickinson and Chapter 600, Zoning.
The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article IX of this chapter, has been filed with the Clerk of the Planning Board. A preliminary 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 (Environmental Conservation Law § 8-0101 et seq.). The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
A.
The Planning
Board shall hold a public hearing on the complete preliminary plat
within such time as prescribed in § 276 of the Town Law. Notice
and length of such public hearing shall be as prescribed in §
276 of the Town Law. The Planning Board may provide that the hearing
be further advertised in such manner as it deems most appropriate
for full public consideration of such preliminary plat.
B.
Notice
to adjacent municipalities. The Planning Board shall give notice of
the public hearing to any adjacent municipality within 500 feet of
the preliminary plat in accordance with § 239-nn of the General
Municipal Law. The adjacent municipality may appear and be heard.
A.
The Planning Board shall, by resolution, approve, with or without
modification, or disapprove the preliminary plat within such time
as prescribed in § 276 of the Town Law. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. The time period in which the Planning Board
must take action on such plat may be extended by mutual consent of
the subdivider and the Planning Board. When so approving a preliminary
plat, the Planning Board shall state, in writing, any modifications
it deems necessary for submission of the plat in final form. Within
five business days of the adoption of the resolution granting approval
of such preliminary plat, such plat shall be certified by the Clerk
of the Planning Board as having been granted preliminary approval
and a copy of the plat and resolution shall be filed in such Clerk's
office, a copy of the resolution shall be mailed to the owner, and
a copy of the resolution shall be filed in the office of the Town
Clerk. Failure of the Planning Board to take action on a preliminary
plat within the time prescribed therefor after completion of all requirements
under the State Environmental Quality Review Act (Environmental Conservation
Law § 8-0101 et seq.), or within such extended period as
may have been established by the mutual consent of the owner and the
Planning Board, shall be deemed approval of the preliminary plat.[1]
B.
Any comments received from the Code Enforcement Officer, Town Board
or other public agencies or officers with a specific interest in the
proposed subdivision (the County Health Department, the County Planning
Department, the Soil Conservation Service and the Department of Environmental
Conservation) should be taken into consideration by the Planning Board
when making its review.
C.
When granting approval to a preliminary plat, the Planning Board
shall state the terms of such approval, if any, with respect to the
modifications to the preliminary plat, the character and extent of
the required improvements for which waivers may have been requested
and which in its opinion may be waived without jeopardy to the public
health, safety, morals and general welfare and the amount of improvements
or the amount of all bonds therefor which it will require as prerequisite
to the approval of the subdivision plat. Approval of a preliminary
plat shall not constitute approval of the subdivision plat, but rather
it shall be deemed an expression of approval of the design submitted
on the preliminary plat as a guide to the preparation of the plat,
which will be submitted for approval of the Planning Board and for
recording upon fulfillment of the requirements of these regulations.
Prior to approval of the subdivision plat, the Planning Board may
require additional changes as a result of further study of the subdivision
in final form or as a result of new information obtained at the public
hearing.
