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Town of Austerlitz, NY
Columbia County
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Within six months of the classification of a sketch plan as a minor subdivision, or if an owner or applicant wishes to propose a minor subdivision without having proceeded through the sketch plan process, the owner/applicant shall submit an application, together with five copies of a subdivision plat, to the Chairman or the Secretary of the Planning Board. Where the owner or applicant has obtained prior sketch plan approval, the plat shall conform to the general layout shown on the sketch plan and shall incorporate recommendations made by the Planning Board as a result of discussion of the sketch plan and, if so, may be considered and approved by the Planning Board as a final subdivision plat. Where the owner or applicant has not obtained prior sketch plan approval, or such approval has lapsed, the requirements of Article III for sketch plans shall be applied to the plat that shall be deemed preliminary, submitted by the owner or applicant. All applications for plat approval shall be accompanied by the required fee.
The following documents shall be submitted with the application:
A. 
In the case of a minor subdivision only, subdivision plat applicants shall include a copy of such covenants, deed restrictions, road requirements or road maintenance agreements as are intended to cover all or part of the subdivision.
B. 
The plat shall show:
(1) 
An actual field survey of the boundary lines of that portion of the tract to be offered for sale, giving complete descriptive data by bearings and distances, made and certified to or by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by monuments as approved by the Town Engineer and shall be referenced and shown on the plat. The plat shall show all existing structures, wooded areas, streams, wetlands and other significant features within the portion to be subdivided and within 200 feet thereof. Topical contours shall also be included in intervals of not more than 10 feet.
(2) 
For all major subdivisions and all lots consisting of five acres or less, all on-site sanitation water supply facilities shall be shown on the plat and shall be designed to meet the minimum specifications of and be under the permit of the Columbia County Department of Health, and the plat shall bear the stamp of the Department so stating prior to filing with the County Clerk, if required herein.
(3) 
The proposed subdivision name and the name of the Town and county in which it is located.
(4) 
The date, North point, map scale, and the name and address of the record owner and owner or applicant.
(5) 
The plat to be filed with the County Clerk shall be printed on such paper or materials as may be required from time to time by the County Clerk for Columbia County and shall be in conformance with the requirements of the Columbia County Clerk.
(6) 
Number of copies. Seven copies of the subdivision plat shall be presented to the Clerk of the Planning Board at the time of the submission of the subdivision plat.
(7) 
Such other information, notations, subdivision or road requirements as the Planning Board deems necessary to conduct informed review or should appear on the plat, including information which may be required for major subdivisions under this chapter.
The owner or applicant, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the subdivision plat.
The time of submission of the subdivision plat shall be considered to be the date of the Planning Board's regular meeting on or before which the application for plat approval, complete and accompanied by the required fee and all data required by this chapter, has been filed with the Secretary or Chairman of the Planning Board. The application shall not be considered complete until either a negative declaration has been filed or a notice of completion of a draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act.[1] The time periods for review of the plat shall begin upon filing of the negative declaration or the notice of completion.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
The Planning Board shall study the practicability of the 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 roads, their relation to the topography of the land, road requirements or road maintenance agreements, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet not subdivided, the environmental assessment form and impact statement, if any, and the requirements of the Comprehensive Plan, the Official Map, and zoning regulations,[1] if such exist.
[1]
Editor's Note: See Ch. 195, Zoning.
A. 
Any application for subdivisions that would occur on property within an agricultural district containing a farm operation or on property within 500 feet of a farm operation located in an agricultural district shall include an agricultural data statement. The Planning Board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within such agricultural district.
B. 
Upon receipt of such application by the Planning Board, the Secretary of such Board shall mail written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location and may be sent in conjunction with any other notice required by state or local law, ordinance, rule or regulation for said project. The cost of mailing said notice will be borne by the applicant.
C. 
The Secretary of the Planning Board shall refer all applications requiring an agricultural data statement to the Columbia County Planning and Development Agency, as required by §§ 239-m and 239-n of the General Municipal Law.
In any application for a subdivision that will require access from a state, county or Town highway, the applicant will forward copies of the plat to the appropriate agency for review and comment, with proof of such submission to be filed with the Secretary of the Planning Board.
A. 
The time within which the Planning Board shall hold a public hearing on the plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act,[1] as follows:
(1) 
If such Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall be held within 62 days after receipt of a completed plat by the Secretary of the Planning Board; or
(2) 
If such Board determines that 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 statement shall be held jointly within 62 days after filing of the notice of completion of such draft environmental statement in accordance with the provisions of the State Environmental Quality Review Act. 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.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
B. 
Notice and length.
(1) 
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 no hearing is held 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 plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
(2) 
In cases of all subdivisions, the applicant shall mail notice of the filing of the application and all public hearings directly to all owners of abutting parcels of the parcel or parcels proposed to be subdivided. Notification of all cases shall be made by certified mail, return receipt requested, at least 10 days prior to the scheduled Planning Board meeting. Documentation of the foregoing notification shall be submitted to the Planning Board prior to the public hearing.
C. 
Decision.
(1) 
The Planning Board shall approve, with or without modification, or disapprove such plat as follows:
(a) 
If the Planning Board determines that the preparation of an environmental impact statement on the plat is not required, such Board shall make its decision within 62 days after the close of the public hearing; or
(b) 
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 in accordance with the provisions of the State Environmental Quality Review Act. If no 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 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.
(2) 
The time in which the Planning Board must take action on such plat may be extended by mutual consent of the owner or applicant and the Planning Board.
(3) 
Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a plat, the Planning Board shall state, in writing or its minutes, any modifications it deems necessary for submission of the plat in final form.
A. 
Public hearing on plats. 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, or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the plat within 62 days after receipt of a complete preliminary plat by the Secretary of the Planning Board.
B. 
Public hearing; notice; length.
(1) 
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 plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
(2) 
In cases of all subdivisions, the applicant shall mail notice of the filing of the application and all public hearings directly to all owners of abutting parcels of the parcel or parcels proposed to be subdivided. Notification of all cases shall be made by certified mail, return receipt requested, at least 10 days prior to the scheduled Planning Board meeting. Documentation of the foregoing notification shall be submitted to the Planning Board prior to the public hearing.
C. 
Decision.
(1) 
The Planning Board shall, by resolution, approve, with or without modification, or disapprove the plat as follows:
(a) 
If the preparation of an environmental impact statement on the plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on such plat.
(b) 
If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the plat within 62 days after the close of the public hearing on such preliminary plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer.
(2) 
The time in which the Planning Board must take action on such plat may be extended by mutual written consent of the owner or applicant and the Planning Board.
(3) 
Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a 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 conditional or final approval of the plat, the plat shall be certified by the Chairman of the Planning Board as having been granted conditional or final approval. The Clerk of the Planning Board shall file a copy of such resolution and plat in the office of the Town Clerk. A copy of such a resolution and plat shall be mailed or otherwise provided to the owner. In the case of a conditionally approved plat, such a resolution shall include a statement of the requirements which, when completed, will authorize the signing by the duly designated officer of the Planning Board. Conditional approval of a 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 extend the time within which a conditionally approved plat may be submitted for signature, if, in its opinion, such an extension is warranted by the circumstances, for two additional periods of 90 days each.