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Town of Austerlitz, NY
Columbia County
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A. 
Within six months of the classification of a sketch plan as a major subdivision, or if an owner or applicant wishes to propose a major subdivision without having proceeded through the sketch plan process, the owner or applicant shall submit an application, together with five copies of a preliminary plat, to the Clerk 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. 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. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described hereof. 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 this chapter, except where a waiver may be specifically authorized, in writing, by the Planning Board.
B. 
The preliminary plat shall be submitted with the appropriate fee.
C. 
The owner or applicant shall also be responsible for all engineering, planning, legal and other consultant costs incurred by the Town in connection with the major subdivision application. The application for approval of the preliminary plat shall be accompanied by a deposit by the owner or applicant to a subdivision review fund held by the Town of Austerlitz, in an amount established by the Planning Board. Any subdivision review funds not expended by the Town in the consideration and review of the owner's or applicant's application shall be returned to the owner or applicant upon completion of the subdivision review process or the withdrawal of the subdivision application. Any consultant costs incurred by the Town in excess of the funds deposited shall be paid by the owner or applicant to the Town prior to final approval of the subdivision plat. The Town reserves the right to request additional deposits to the subdivision review fund, if necessary, to cover additional costs.
The following documents shall be submitted with the application:
A. 
A copy of such covenants, deed restrictions, road requirements or road maintenance agreements as are intended to cover all or part of the subdivision, or a statement by the owner that no such restrictions exist.
B. 
If the application covers only a part of the owner's or applicant's entire contiguous holdings, the applicant shall submit a map or sketch of the entire contiguous holdings, indicating acreages and the relation of the proposed subdivision to the entire holdings. The map shall show an outline of the planned area with its proposed streets and roads and shall indicate the probable future road or street system with grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire subdivision. The area proposed for subdivision shall be considered in light of the entire holdings.
C. 
All appropriate environmental forms, assessments and impact statements which are necessary in connection with the environmental review process.
D. 
Long-form environmental impact assessment.
E. 
Seven copies of the preliminary plat, certified to by a licensed land surveyor and/or professional engineer, at a scale of not more than 100 feet, but preferably not less than 50 feet to an inch, shall be submitted to the Clerk of the Planning Board at least five days prior to the regular Planning Board meeting, which plat shall contain the following information:
(1) 
The proposed subdivision name, the name of the Town and county in which it is located, date, true or magnetic North point, scale, and the name of the engineer and/or surveyor, including license number(s) and seals(s).
(2) 
The name of all owners of parcels immediately adjacent to and within 200 feet of the property, including opposite side of roads or highways.
(3) 
All parcels of land proposed to be dedicated to public use or preserved as open space and the conditions of such dedication or preservation.
(4) 
The location of existing property lines, easements, buildings, watercourses, wetlands, rock outcrops, wooded areas, soil types, slopes greater than 15% and 30%, and other significant existing physical features and critical environmental resources as identified by the Town for the proposed subdivision and adjacent property.
(5) 
The location of existing and proposed sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
(6) 
Contours with intervals of 10 feet or less as required by the Board, including elevations of existing roads; approximate grading plan if natural contours are to be changed more than two feet.
(7) 
All existing and proposed roads or public ways or places shown on the Official Map or the Master Plan, if such exists, within the area to be subdivided, including width, location, grades, road profiles and cross sections of all roads or public ways as proposed by the developer.
(8) 
Street lines, pedestrianways, lots, reservations, easements and areas to be dedicated to public use.
(9) 
Sufficient data acceptable to the Planning Board to readily determine the location, bearing and length of every road line, lot line, boundary line, including chord bearing, curve radii and arc length or central angle and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system of plane coordinates and, in any event, should be tied to reference points previously established by a public authority.
(10) 
The length and bearing of all straight lines, radii, chord bearing, arc and/or central angles of all curves shall be given for each road. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the property, location, graphic scale and true or magnetic North point.
(11) 
The approximate location and size of all proposed waterlines, valves, hydrants and sewer lines, fire ponds 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; profiles of all proposed waterlines and sewer lines.
(12) 
A storm drainage plan indicating the approximate location and size of proposed lines and their profiles; connection to existing lines or alternate means of discharge.
(13) 
Plans and cross sections showing the proposed location and type of sidewalks, road-lighting standards, road trees, curbs, water mains, sanitary sewers and storm drains, and including the size and type thereof; the character, width and depth of pavements and subbase; the location of manholes, catch basins and overhead lines, underground conduits, i.e., telephone, CATV, power, and gas, and all contemplated infrastructure.
(14) 
Preliminary designs of any bridges or culverts which may be required.
(15) 
The proposed lot lines, with approximate dimensions and area by each lot.
(16) 
Where 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 and 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.
(17) 
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 marked by monuments of such size and type as provided for in Article IV, § 167-11B(1), of this chapter.
(18) 
All on-site sanitation and water supply facilities shall be designed to meet or exceed the minimum of the current state/county sanitation laws. The feasibility data on sanitation facilities, including percolation test, water and stormwater drainage, including documentation from on-site investigation by the Columbia County Department of Health or a licensed engineer, shall be noted on the plat and signed by a duly appointed agent of the county or a licensed engineer.
(19) 
Road requirements or road maintenance agreement notes approved by the Planning Board.
(20) 
Photos or aerial photos, if available.
(21) 
Layout of all utilities and proposed easements.
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 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 roads, their relation to the topography of the land, water supply, road requirements and road maintenance agreements, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet not subdivided, 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 Clerk 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, if required.
In any application for a subdivision that will require access from a state, county or Town highway, the applicant will forward notice of the proposed subdivision to the appropriate agency for review and comment, with proof of such submission and the response from the agency, if any, to be filed with the Clerk 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 pubic 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) 
If the Planning Board fails to act within the specified time periods, the default approval provisions of the Town Law shall apply.
(3) 
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.
(4) 
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 in its minutes, any modifications it deems necessary for submission of the plat in final form.
A. 
Public hearing on preliminary plats. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary 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 preliminary plat within 62 days after receipt of a complete preliminary plat by the Clerk of the Planning Board.
B. 
Public hearing; notice; length.
(1) 
The hearing on the preliminary 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 preliminary plat. The hearing on the preliminary 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 preliminary plat as follows:
(a) 
If the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on such preliminary plat.
(b) 
If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the preliminary 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) 
If the Planning Board fails to act within the specified time periods, the default approval provisions of the Town Law shall apply.
(3) 
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 or by notation in the minutes of the meeting where the owner, applicant or representative has appeared and consented.
(4) 
Grounds for decision. The grounds for a modification or disapproval shall be stated upon the records of the Planning Board. When conditionally approving a preliminary 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. 
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 final plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of this chapter. Prior to approval of the final subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision or as a result of new information obtained at the public hearing.
B. 
Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of the 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 the office of the Clerk. A copy of the resolution shall be mailed or otherwise provided to the owner or applicant.
C. 
Revocation. Within six months of the approval of the preliminary plat, the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat is subject to extension by the Planning Board.