Whenever any subdivision of land is proposed, before any contract for the sale of any part thereof and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner or his authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedures, which include, basically, three steps:
A. 
Prefiling conference.
B. 
Preliminary plat.
C. 
Subdivision plat.
A. 
Discussion of requirements. Before preparing the preliminary plat, the applicant shall discuss with the Planning Board, in general terms, his plans for the proposed subdivision, as well as the requirements for reservations of land, street improvements, drainage, sewerage, water, fire protection and similar aspects, as well as the availability of existing services. A request for such a prefiling conference shall be made to the Chairman of the Planning Board, who shall fix the date thereof. This conference shall be informal in nature and may be held at a regular or special meeting of the Planning Board. The applicant may also discuss the sketch layout with the Rensselaer County Health Department, whose approval is required by these regulations and which must eventually approve any subdivision plat coming within its jurisdiction.
B. 
Sketch layout requirements. The sketch plan shall consist of a drawing (based on Tax Map information or some other similarly accurate base map) and should show:
(1) 
The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records;
(2) 
The Tax Map sheet, block, and lot numbers, scale, North arrow, and total acreage involved;
(3) 
The location and boundaries of the proposed subdivision in relation to municipal boundaries, if any, within 500 feet of the property;
(4) 
A general illustration of the proposed layout of lots and streets;
(5) 
Location, in general, of existing streets and significant natural features;
(6) 
Existing permanent buildings, structures, and utilities, if any;
(7) 
Designation of zoning districts and any overlay districts that pertain to the parcel; and
(8) 
Such other features as the applicant may deem pertinent.
C. 
Study of sketch plan and classification. At the time of the preapplication conference, the Planning Board shall review the proposed subdivision, as outlined on the submitted sketch plan and shall:
(1) 
Determine whether the proposed subdivision of land will be classified as a minor or major subdivision, or lot line adjustment as defined in these regulations;
(2) 
Determine whether the proposed subdivision may involve a federal agency or one or more other agencies as defined under SEQRA;
(3) 
Make a preliminary classification of the proposed subdivision as a Type I, Type II, or unlisted action, as such terms are defined under SEQRA;
(4) 
Determine whether a full or short environmental assessment form ("EAF") will be required;
(5) 
Discuss with the applicant whether a site visit is to be performed by members of the Planning Board, its consultants and/or designated representatives;
(6) 
Discuss whether the sketch plan meets the purposes of these regulations and any recommendations that the Planning Board may specify for incorporation, by the applicant in the next submission, subject to any changes based upon the site visit and consultants reports, if any; and
D. 
Within 45 days of the date of the preapplication conference, the Planning Board shall determine if the sketch plan meets the purposes of these regulations, any specific recommendations that are to be incorporated by the applicant in the next submission to the Planning Board, and any requirements that the Planning Board deems appropriate to be waived with respect to the next subdivision review stage.
E. 
In the event that the applicant desires the Planning Board to consider a request to waive the requirements of this chapter upon the grounds of special circumstances and that no public benefit would result from the Planning Board's taking further action, the applicant may file with the Planning Board an application for waiver of requirements of the subdivision regulations.[1] The application shall be on a form prescribed by the Town and which shall be made available by the Clerk of the Planning Board. The application shall be accompanied by a fee set by the Town Board.
[1]
Editor's Note: See Art. VI, Waivers, §§ 108-24 and 108-25.
F. 
Lot-line adjustment. A lot-line adjustment between adjacent property owners shall not be considered a subdivision, and shall be exempt from the requirements of these regulations provided such division of land does not create a new lot or reduce the size of any existing lot area, dimensions or building setbacks below the minimum requirements for the zoning district in which such land is located, as provided by the Zoning Law.[2]
(1) 
Procedure. The adjacent property owners shall submit a stamped sketch plan of the proposed division and transfer of land to the Planning Board prepared by a licensed professional. Further, they shall schedule and attend a preapplication conference prior to effectuating such property transfer. The Planning Board at the preapplication conference will study the sketch plan and issue a determination as to whether such exemption applies to the land in question.
(2) 
Submission of deed. If the Planning Board determines that the exemption applies, the property owners in question must submit to the Planning Board a copy of the executed deed which evidences such transfer's compliance with the sketch plan relied upon by the Planning Board in making its determination.
[2]
Editor's Note: The Zoning Law is on file in the Town offices.
A. 
Application procedure. Prior to filing an application for the approval of a subdivision plat, the applicant shall file an application for the approval of a preliminary plat. The application shall be based on Planning Board input from the preapplication meeting and shall:
(1) 
Be made on forms available at the office of the Town Clerk.
(2) 
Include all land which the applicant proposes to subdivide.
(3) 
Be accompanied by nine copies of the preliminary plat, as described in § 108-16 hereof.
(4) 
Comply in all respects with Article III of this chapter, except where a modification may be specifically authorized by the Planning Board.
(5) 
Comply with the requirements set forth in §§ 276 and 277 of the Town Law.
(6) 
Be accompanied by a fee as set from time to time by the Town Board.
(7) 
If the subdivision proposes new streets having frontage on, access to or otherwise directly related to any state highway or county road, the application shall be accompanied by letters from the New York State Department of Transportation or the Rensselaer County Engineer, respectively, stating the conditions for such frontage or access.
(8) 
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements set forth in the Code of the Town of Schaghticoke Chapter 107, Article II, shall be required for preliminary plat approval. The SWPPP shall meet the performance and design criteria and standards set forth in the Code of the Town of Schaghticoke Chapter 107, Article II. The approved preliminary subdivision plat shall be consistent with the provisions of the Code of the Town of Schaghticoke Chapter 107, Article II.
B. 
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.
C. 
Study of preliminary plat.
(1) 
The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community, the Comprehensive Plan, and the best use of the land being subdivided.
(2) 
Particular attention shall be given to the arrangement and location of lots in relation to rural character, agricultural fields, open space, and environmental features, and 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 Town Comprehensive Plan, the Official Map, Zoning Law, and Land Use Code, if such exists.
D. 
Coordination with SEQRA. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
E. 
When officially submitted. 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 § 108-16, has been filed with the Clerk of the Planning Board. A complete application shall be when all application materials and fees have been submitted and either a negative declaration or a notice of completion of a 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.
F. 
Escrow and consulting services. Where the Planning Board deems services such as engineering, architectural, planning, or other professional services are advisable to assist in the examination of the proposed subdivision, the applicant shall be required to pay the cost of all such services. The Town Board shall establish an escrow account for this purpose.
G. 
Referral to neighboring municipalities. Pursuant to General Municipal Law § 239-nn, for a subdivision review under this section involving property located within 500 feet of an adjacent municipality, notice of any public hearing shall be given by mail or electronic transmission to the clerk of the adjacent municipality not less than 10 days prior to the date of said hearing.
H. 
Approval of the preliminary plat.
(1) 
Within 62 days after the receipt of such preliminary plat by the Clerk of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. 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. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to SEQRA as per Town Law § 276, Subdivision 5. Within 62 days after the date of such hearing, the Planning Board shall approve with or without modification or disapprove such preliminary plat. The basis of a modification, if any, or the basis for disapproval shall be stated upon the record of the Planning Board. The time 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 such modifications, if any, as it deems necessary for submission of the plat in final form. Within five days of the approval of such preliminary plat, it shall be certified by the Clerk of the Planning Board as granted preliminary approval and a copy filed in his office, a certified copy mailed to the owner and a copy forwarded to the Town Clerk. Failure of the Planning Board to act within such sixty-two-day period shall constitute approval of the preliminary plat.
(2) 
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 improvement or the amount of all bonds therefor which it will require as a prerequisite to the approval of the subdivision plat. Approval of the 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.
A. 
Application procedure. The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, using the approved application form available from the Clerk of the Planning Board. The application shall be accompanied by a minimum of nine copies of the subdivision plat and the construction detail sheets, as described in § 108-17. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require a resubmission of the preliminary plat.
B. 
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 108-17, has been filed with the Clerk of the Planning Board.
C. 
Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Rensselaer County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Town, county and state agencies. Subdivisions creating four or more lots, or those less than five acres in size, shall require Rensselaer County Department of health septic system approval for all lots prior to final plat approval. For all other subdivisions, the Planning Board may require such prior approval.
D. 
Public hearing. Within 62 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 108-4 of this article and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.
E. 
Action on proposed subdivision plat.
(1) 
The Planning Board shall by resolution conditionally approve, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Clerk of the Planning Board if no hearing is held, or in the event a hearing is held, within 62 days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat.
(2) 
Upon resolution of conditional approval of such final plat, the Planning Board shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Clerk of the Planning Board as conditionally approved and a copy filed in his office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements as, when completed, will authorize the signing of the conditionally approved final plat.
(3) 
Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted, for two additional periods not to exceed 90 days each.
(4) 
The Planning Board is authorized to grant final plat approval at the same time as preliminary plat approval for minor subdivisions.
F. 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed, in writing, on the plat. In the event that any subdivision 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.
G. 
Signing of the plat.
(1) 
Every subdivision 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 Schaghticoke, 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
Chairman
(2) 
In the absence of the Chairman or Clerk of the Planning Board, the Acting Chairman or Acting Clerk, respectively, may sign in his place.
Upon completion of the requirements in §§ 108-5 and 108-12 and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.
For a resubdivision, the same procedure, rules and regulations apply as for a subdivision. When a resubdivision occurs so that four or more lots have been created from the original parcel, that subdivision shall be deemed a major subdivision.
The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town of any street, park or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect.