Prior to the preparation of and the submission of a plat for approval, the subdivider should proceed to gather the necessary information and data on the existing conditions at the site. The subdivider should study the site suitability and opportunities for development; presumably he will discuss financing, planning and marketing with the lending institutions. The subdivider should develop a preliminary layout in sketch form which should be submitted to the Planning Board for advice and assistance. The sketch plan submission should include a preliminary environmental assessment form (SEQR Short EAF, Appendix A). The sketch plan should include the information identified in Articles IV and V herein. It is recommended that this sketch plan be prepared in consultation with a licensed land surveyor.
A.
The subdivider should request an appointment with the Planning Board
for the purpose of reviewing the sketch plan. The Planning Board Secretary
will notify the subdivider of the time, date and the place that the
Planning Board will meet to consider and review such sketch plan and
the subdividers' intentions as they relate to the general plan for
the Town of Eaton (should it exist), design standards and improvement
requirements. This meeting is intended to assist the subdivider in
the planning and preparation of the preliminary or final plat to save
both time and money in preparing maps and plans.
B.
The subdivider, or authorized agent, must attend this meeting. It
is preferred that the same person attend all subsequent meetings.
This step does not require formal application, fee or filing with
the Planning Board.
(1)
Subdivision classification. The plan will be classified as an agricultural waiver, two-lot waiver, minor or major subdivision by the Planning Board as defined by this chapter. Subdivisions qualifying for a two-lot or agricultural waiver (see § 165-13) will require no further approvals as per this chapter. Subdivisions classified as minor or major may proceed according to the processing stages listed in § 165-10 herein.
(2)
Adverse natural features review. The Planning Board shall review
the location of the proposed subdivision for the presence of any adverse
natural considerations limiting development on the site as indicated
by the maps of physical limitations to development contained in the
Town of Eaton's Land Use and Natural Resources Inventory (prepared
by the Madison County Planning Department, September 1988). If the
site falls into areas on the soils map denoted as having "moderate"
or "severe" limitation, within flood hazard areas, or areas of unique
hydrologic or natural habitat areas (including wetlands), the Planning
Board may require the subdivider to consult with the appropriate technical
review or assistance agencies (such as, but not limited to the County
Soil and Water Conservation District, the County Health Department,
United States Army Corps of Engineers and the New York State Department
of Environmental Conservation) to determine appropriate measures to
mitigate or eliminate such problems or conflicts. The findings or
recommendations of such agencies shall not be binding on the Planning
Board or subdivider.
C.
The Planning Board may require that design techniques be used to avoid development in these critical resource areas, and shall not approve a sketch plan which has failed to adequately address these critical resources concerns (soils, flood hazards and hydrologic and natural habitat resources). Building or fill work in a floodplain must be reviewed and approved by the town's Code Enforcement Officer, who serves as the local administrator of Eaton's Flood Damage Prevention Law (see Chapter 95, Flood Damage Prevention).
[Added 10-10-2017 by L.L.
No. 1-2018; 4-9-2019 by L.L. No. 1-2019]
A.
If,
at the sketch plan conference, the Planning Board determines that
the subdivision involves only the relocation of a boundary line between
two existing lots, or the combining of two existing lots into a single,
larger lot, then, upon the making of the hereafter stated findings,
the Planning Board may waive the application of these regulations
and allow the applicant to prepare and present a final plat showing
the redefined boundary line to the Planning Board for approval:
(1)
That the lot or lots to be created are all in conformance with the
zoning ordinance and subdivision requirements in regard to lot size
and dimensions and road access;
(2)
That no environmental or other factors are present which could restrict
development on the reconfigured lot(s), or otherwise create a risk
to the public health, safety or welfare.
B.
Upon
the making of such findings, a public hearing shall not be required,
and the Planning Board may waive any requirement to provide a survey
of the entire affected lands as long as the survey presented adequately
defines the new boundary line and the applicant has provided sufficient
information (tax maps, etc.) to allow the Board to make the above-stated
findings.
If, at the sketch plan conference, the Planning Board determines that the subdivision is for agricultural purposes only, does not involve the creation of new building lots, does not involve the creation of a new road or highway and does not include more than one lot of less than five acres in area, the Planning Board may waive the subdivision review procedures and waive the subdivision from this chapter. This waiver will not impact regulatory control of future resubdivision of these properties. The Board's written waiver must state that the proposed subdivision would result in all new lots being in conformity with Chapter 120, Land Use.
If, at the sketch plan conference, the Planning Board determines that the subdivision is a two-lot subdivision that does not create a new road, request a reclassification for a road currently in seasonal use or create a resubdivision of a lot previously subdivided since the effective date of this chapter, the Planning Board may waive the subdivision from these subdivision review regulations. Each newly created lot needs to have an acceptable perk test before a waiver can be given. The written waiver must state that the proposed subdivision would result in both new lots being in conformity with Chapter 120, Land Use, and that the Planning Board finds it meets the conditions stated above.
The Madison County Department of Health approval may be required
for any subdivision containing five or more lots. Early contact by
the subdivider with this Department is advised. If jurisdiction is
declared, the signature and/or seal of an authorized representative
of the County Health Department must be affixed to the final plat
before the Town Planning Board's final approval and authorization
to file the plat with the County Clerk.
All major subdivisions shall be subject to the preliminary plat requirements, as specified herein. The subdivider shall file an application for approval of the preliminary plat on forms available at the Town Office accompanied by all documents specified in Article IV herein. Three copies of the preliminary plat must be submitted to facilitate the review process.
A.
Review of subdivision. Following the review of the preliminary plat
and supplementary material submitted for conformity to this chapter,
and following discussions with the subdivider on changes deemed advisable
and the kind and extent of improvements to be made by the subdivider,
the Planning Board shall hold a public hearing. This hearing shall
be held within 62 days of the official submission date of the plat.
The subdivider or the subdividers representative is expected to attend
the hearing. This hearing may also fulfill the hearing requirements
for the State Environmental Quality Review Act. Within 62 days from
the public hearing, the Planning Board shall approve, approve with
modifications or disapprove the preliminary plat and state its reasons
for disapproval.
B.
Notice of public hearing. The hearing shall be advertised at least
once in the town's designated official newspaper at least five days
before the hearing. Notice of the hearing shall be mailed to the owners
of all adjoining properties within 500 feet of the subdivided property
at least five days before the hearing. The Clerk of the Planning Board
will be responsible for said mailings.
C.
State Environmental Quality Review (SEQR). If the subdivision meets or exceeds any Type 1 thresholds listed in Section 617.12 or any of the criteria considered indicators of significant effect on the environment as listed in Section 617.11 of the SEQR regulations, lead agency for the SEQR process shall be determined according to procedures outlined respectively in Section 617.6 of the SEQR regulations and the subdivider must complete a full environmental assessment form. Upon review of the full EAF, determination of no significant environmental impact (negative declaration) or a draft environmental impact statement (DEIS) is required by the designated lead agency before the subdivision review process can continue (in accordance with Sections 617.8 and 617.14 of the SEQR rules). As noted in § 165-16A above, the public hearing shall be used to solicit comments on the draft EIS under SEQR.
D.
Coordination with agricultural districts program.
(1)
Any application for subdivision approval that would occur on property
within an agricultural district (as per Article 25AA of Agriculture
and Markets Law) containing a farm operation or on property with boundaries
within 500 feet of a farm operation located in an agricultural district
shall include an Agricultural Data Statement. The Agricultural Data
Statement shall include the following information:
(a)
Name and address of the applicant.
(b)
Description of the proposed project and its location.
(c)
Name and address of any owner of land within the agricultural
district which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed.
(2)
The Planning Board Clerk shall mail written notice of the public
hearing on the subdivision application to the owners of land as identified
by the applicant in the Agricultural Data Statement at least five
days before the hearing.
E.
Notice of decision. The action of the Planning Board shall be noted
on three copies of the preliminary plat and reference shall be made
to any modifications determined. One copy shall be returned to the
subdivider and the other two copies retained by the Planning Board
(one copy to be filed in the office of the Planning Board Clerk).
If granted preliminary approval, the Clerk of the Planning Board shall
certify such within five days of the approval and mail a certified
copy of the preliminary plat to the owner.
F.
Effect of approval. Approval of a preliminary plat shall not constitute
approval of the final plat. The preliminary plat shall be a guide
to the preparation of the final plat. Before submission of the final
plat or any portion thereof for formal approval, the subdivider must
comply with this chapter and all requirements set forth by the Planning
Board in its review of the preliminary plat, and any other State/County
Health Department requirements.
A.
All subdivisions shall require final plat approval by the Planning
Board, except those receiving waivers.
B.
The subdivider shall file an application for final plat approval on forms available at the town offices, and the application shall be accompanied by documentation, as specified in Article IV and V herein, to the Planning Board. Such application shall be submitted at least 10 days prior to the meeting at which it is to be considered by the Planning Board, and no later than six months after the date of the preliminary plat approval.
(1)
Optional public hearing.
(a)
A public hearing may be held by the Planning Board after a complete
application is filed and prior to rendering a decision. This hearing
shall be held within 62 days of the official submission date of the
final plat. The subdivider or the subdivider's representative is expected
to attend the hearing. The Planning Board shall approve, conditionally
approve, or disapprove the final plat within 62 days of the public
hearing.
(b)
If disapproved, the grounds for disapproval shall be stated
in the record of the Planning Board, including reference to the regulation
violated by the plat. Failure of the Planning Board to render a decision
within the stated sixty-two-day period shall be deemed final approval
of the plat.
(2)
Notice of public hearing. The hearing shall be advertised at least
once in the town's designated official newspaper at least five days
before the hearing. Notice of the hearing shall be mailed to the owners
of all adjoining properties within 500 feet of the subdivided property
at least five days before the hearing. The Planning Board Clerk will
be responsible for said mailings.
(3)
Waiver of public hearing. If the final plat is in substantial agreement
with the preliminary plat, the Planning Board may waive the public
hearing requirement. If no hearing is held, the Planning Board shall
approve, conditionally approve or disapprove the plat within 62 days
of the official submission date.
(4)
State Environmental Quality Review (SEQR). The Planning Board's action
on the subdivision plat shall include either a negative declaration
or the final environmental impact statement and a statement of findings
on the subdivision as required under § 8-0109, Subdivision
8, of the Environmental Conservation Law (and 6 NYCRR 617.9 or SEQR).
(5)
Notice of decision. The subdivider shall be notified of the final
action of the Planning Board and the subdivider shall file or record
the final plat, or section thereof, in the office of the Clerk of
Madison County, New York within 62 days after the date of approval.
Any plat not so filed or recorded shall be considered null and void
and must again be submitted to the Planning Board for approval before
recording in the Office of the Clerk of Madison County, New York.
(6)
Conditional approval. Upon conditional approval of such final plat,
the Planning Board shall empower a duly authorized officer to sign
the plat subject to completion of such requirements as may be stated
in the resolution. Within five days of such resolution, the plat shall
be certified by the Planning Board Clerk as conditionally approved
and a copy filed in such Clerk's office, along with a certified statement
of such requirements that must accompany such plat which, when completed,
will authorize the signing of the conditionally approved final plat.
A copy of the resolution, including the noted requirements, shall
be mailed to the owner. Conditional approval of a plat shall expire
six months after the date of the resolution granting such approval.
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 by circumstances, for up to two additional
periods of 90 days each.
