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.
[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.
(d)
Tax map or other map showing the site of the proposed project relative to the location of farm operations identified in Subsection
D(1)(c).
(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.