A.
Gift, devise, or inheritance. In the case of a subdivision of land
resulting from a bona fide gift, devise or inheritance by and from
natural persons which constitutes a minor subdivision, the Planning
Board may, in its sole discretion, waive the required fee and/or the
public hearing. However, such a division of land shall remain subject
to all other provisions of this chapter, and any new land use, development
or construction on lots created thereby shall be subject to the provisions
of the Zoning Code.[1] This provision is intended to supersede the requirement
for a public hearing set forth in Town Law § 276(5)(d)(i).
A division of land resulting from a bona fide gift, devise or inheritance
by and from natural persons which constitutes a major subdivision
shall be subject to all of the provisions of this chapter.
B.
SEQR. The Planning Board shall comply with the provisions of the
State Environmental Quality Review Act ("SEQR") under Article 8 of
the New York Environmental Conservation Law and its implementing regulations.
Time periods set forth below shall be modified to coordinate with
SEQR review as provided in New York State Town Law § 276.
Applications for approval of a minor subdivision shall be processed
in the following steps:
Applications for approval of a major subdivision shall be processed
in the following steps:
A.
The subdivider may request an appointment with the Planning Board
for the purpose of reviewing a sketch plan. The intent of such a conference
is to enable the applicant to inform the Planning Board of the proposal
prior to the preparation of a detailed subdivision plat map, and for
the Planning Board to review the basic design concept, advise the
applicant of potential problems and concerns, and to determine the
information to be required on the application for subdivision approval.
This step does not require formal application, fee or filing with
the Planning Board.
C.
The Planning Board shall locate the property on maps showing topography
and other environmental characteristics of the site in order to evaluate
the proposal.
A.
Applicability. This section shall apply both to preliminary plat
approval for major subdivisions and to final plat approval of minor
subdivisions.
B.
Form and fees. Application shall be on a form provided by the Clerk of the Planning Board, and shall include the elements described in Article V herein. Three copies of the application and plat map shall be provided.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss any major subdivision preliminary plat.
D.
Date of official submission. The date of the submission of the plat
shall be considered to be the date on which both a completed application
for plat approval and the required fee have been filed with the Clerk
of the Planning Board.
E.
SEQR. An application shall not be deemed to be complete until all
the requirements of the State Environmental Quality Review Act (SEQR)
are fulfilled, which may include:
(1)
The preparation of a short environmental assessment form and making
a determination of nonsignificance on said form;
(2)
The preparation of a full environmental assessment form and the filing
of a negative declaration of significance or a conditional negative
declaration of significance; or
(3)
The preparation of a full environmental assessment form, the filing
of a positive declaration of significance, and the completion and
filing of a draft environmental impact statement.
Within 62 days of receipt of a complete application for approval
of a preliminary plat for a major subdivision or a final plat for
a minor subdivision, the Planning Board shall conduct a public hearing.
The hearing shall be advertised at least once in a newspaper of general
circulation in the Town at least 10 days before the hearing. If the
subdivision is classified as a Class B Regional Subdivision, notice
of the hearing shall be provided to the Adirondack Park Agency at
least 10 days prior to such hearing.
A.
Within 62 days from the public hearing for a preliminary plat for
a major subdivision, the Planning Board shall render a decision on
the application. The Planning Board shall approve, approve with modifications,
or disapprove the plat, and state any modifications or reasons for
disapproval. 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. Failure of the Planning Board to act within such
sixty-two-day or otherwise-agreed-upon period shall be deemed approval
of the major subdivision preliminary plat. Within five business days
of approval, the plat shall be certified by the Clerk of the Planning
Board as having been granted approval. One copy shall be returned
by mail to the subdivider, and one copy shall be retained by the Planning
Board. A copy of the resolution stating the decision shall be filed
with the office of the Town Clerk, and a copy shall be provided to
the subdivider.
B.
When granting approval to a major subdivision preliminary plat, the
Planning Board shall state the terms of such approval, if any, with
respect to any modifications, waivers, or required infrastructure
or financial security.
C.
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.
Within 62 days from the public hearing for a final plat for
a minor subdivision, the Planning Board shall render a decision on
the application. The Planning Board shall approve, approve with modifications,
or disapprove the plat, and state any modifications or reasons for
disapproval. 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. Failure of the Planning Board to act within such
sixty-day or otherwise-agreed-upon period shall be deemed approval
of the final plat. Within five days of approval, it shall be certified
by the Chairperson of the Planning Board, acting as the Clerk of the
Planning Board, as having been granted approval. One copy shall be
returned by mail to the subdivider, and one copy shall be retained
by the Planning Board. A copy of the resolution stating the decision
shall be filed with the office of the Town Clerk.
A.
Application and fee. Unless otherwise agreed by the Planning Board and the subdivider, the subdivider shall submit an application for major subdivision final plat approval within six months after major subdivision preliminary plat approval. Failure to do so within such time period may require resubmission of the major subdivision preliminary plat to the Planning Board. The application shall be on a form provided by the Clerk of the Planning Board, and shall include the elements described in Article V herein. The major subdivision final plat shall conform to the approved major subdivision preliminary plat. All applications for major subdivision final plat approval shall be accompanied by the application fee.
B.
Number of copies. Three copies of the application for major subdivision
final plat approval shall be presented to the Clerk of the Planning
Board at the time of submission of the major subdivision final plat.
C.
Date of official submission and referral to county planning agency where necessary. The date of submission of the major subdivision final plat shall be considered to be the date on which both a completed application for approval of the major subdivision final plat, including any endorsements required by Subsection D of this section, and the required fee have been filed with the Clerk of the Planning Board.
D.
Endorsement of state and county agencies. Evidence shall be supplied
that any proposed water supply and sewage disposal facilities associated
with the subdivision plat requiring approval by the Department of
Environmental Conservation and/or the State or County Department of
Health have received at least preliminary approval(s) of such facilities.
This step is not required for subdivisions that have received
preliminary plat approval, and that are in substantial agreement with
the approved preliminary plat. For other applications, the Planning
Board shall conduct a public hearing within 62 days of receipt of
a complete application for final plat approval. The hearing shall
be advertised at least once in a newspaper of general circulation
in the Town at least 10 days before the hearing. If the subdivision
is classified as a Class B Regional Subdivision, notice of the hearing
shall be provided to the Adirondack Park Agency at least 10 days prior
to such hearing.
A.
Within 62 days of the date of official submission of a subdivision plat if no hearing is held, or in the event a hearing is held, not more than 62 days after the completion of such hearing, the Planning Board shall by resolution conditionally approve, disapprove, or grant final approval, and authorize the signing of such plat. This time period may be extended by written agreement of the subdivider and the Planning Board. Failure to take action on a final plat within such sixty-two-day or otherwise-agreed-upon period shall be deemed final approval of the plat, and a certificate of the Town Clerk as to the date of submission and the failure to take action shall be issued on demand. Final plat approval shall not be granted until the requirements of § 143-47 herein have been met.
B.
A copy of the resolution stating the decision of the Planning Board
shall be filed with the office of the Town Clerk.
Upon conditional approval, with or without modification, of
a final plat, the Planning Board shall empower a duly authorized officer
to sign the plat and grant final plat approval when all requirements
stated in the conditional approval resolution have been satisfied.
The plat shall be certified by the Clerk of the Planning Board as
conditionally approved, a copy shall be filed in his office, and a
certified copy mailed to the subdivider. A certified statement of
the requirements shall accompany the plat which, when completed, will
authorize the signing of the conditionally approved final plat. The
conditionally approved plat shall expire 180 days after the date of
the resolution granting conditional approval. The Planning Board may,
however, extend the expiration time not to exceed two additional periods
of 90 days each. Upon completion of the requirements, the final plat
shall be filed with the Clerk of the Planning Board or the Town Clerk.
Conditional approval does not qualify a final plat for recording nor
authorize issuance of building permits prior to final plat approval.
No final plat shall be approved unless:
The subdivider shall record the final plat, or section thereof,
in the office of the Clerk of Hamilton County, New York, within 62
days after the date of approval; otherwise the approval shall expire.
A.
Prior to granting final plat approval, the Planning Board may permit
the plat to be subdivided into two or more sections and may impose
such conditions upon the filing of the sections as it may deem necessary
to assure the orderly development of the plat.
B.
In the event the owner shall file only a section of such approved plat in the office of the County Clerk within the sixty-two-day period specified in Subsection A above, such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of § 265-a of the Town Law.
Final plat approval by the Planning Board shall not be deemed
an acceptance by the Town of any road or other land shown dedicated
by the subdivider.
Costs incurred by the Planning Board for consultation fees or
other extraordinary expenses in connection with the review of a proposed
subdivision plat shall be charged to the applicant. Prior to incurring
such costs, the Planning Board shall discuss such costs with the applicant,
and may require that an escrow account be established for such purpose.
