Whenever any subdivision of land is proposed to be made, and
before any contract for the sale of or any offer to sell any lots
in such subdivision or any part thereof is made, and before any permit
for the erection of a structure in such proposed subdivision shall
be granted, the subdivider or his duly authorized agent shall apply
in writing for approval of such proposed subdivision in accordance
with the following procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Clerk of the Planning Board, at least 10 days prior to the regular meeting of the Board, copies of a sketch plan of the proposed subdivision as required by the procedures of the Board, which shall comply with the requirements of § 195-21, for the purposes of classification and preliminary discussion.[1]
B.
Discussion of requirements and classification.
(1)
The subdivider, or his duly authorized representative, shall attend
the meeting of the Planning Board to discuss the requirements of this
chapter for street improvements, drainage, sewerage, water supply,
fire protection and similar aspects, as well as the availability of
existing services and other pertinent information.
(2)
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in this chapter. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 195-5 of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 195-6, 195-7 and 195-9.
C.
Study of sketch plan. The Planning Board shall determine whether
the sketch plan meets the purposes of this chapter and shall, where
it deems it necessary, make specific recommendations in writing to
be incorporated by the applicant in the next submission to the Planning
Board.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 195-22.
B.
Number of copies. The number of copies of the subdivision plat as
shall be required by the procedures of the Board shall be presented
to the Clerk of the Planning Board at the time of submission of the
subdivision plat.[2]
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the subdivision plat.
D.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by § 195-22, has been filed with the Clerk of the Planning Board.
E.
Public hearing. A public hearing shall be held by the Planning Board
within 62 days from the time of submission of the subdivision plat
for approval. Said hearing shall be advertised in a newspaper of general
circulation in the Town at least five days before such hearing.[3]
F.
Water and sewer facility proposals contained in the subdivision plat
shall be properly endorsed and approved by the Rensselaer County Department
of Health and the Town of Poestenkill. Applications for approval of
plans for sewer or water facilities will be filed by the subdivider
with all necessary Town, county and state agencies. Endorsement and
approval by the Rensselaer County Department of Health and Town of
Poestenkill shall be secured by the subdivider before official submission
of the subdivision plat. Approval shall be secured for intersection
design and construction within state rights-of-way from the New York
State Department of Transportation (pursuant to Highway Law § 52).[4]
G.
Action on subdivision plat.
(1)
The Planning Board shall, within 62 days from the date of the public
hearing, act to conditionally approve, conditionally approve with
modification, disapprove or grant final approval and authorize the
signing of the subdivision plat. This time may be extended by mutual
consent of the subdivider and the Planning Board. Failure of the Planning
Board to act within such time shall constitute approval of the plat.[5]
(2)
Upon granting conditional approval with or without modification to
the plat, the Planning Board shall empower a duly authorized officer
to sign the plat upon compliance with such conditions and requirements
as may be stated in its resolution of conditional approval. Within
five days of the resolution granting conditional approval, the plat
shall be certified by the Clerk of the Planning Board as conditionally
approved, and a copy filed in his office, and a certified copy mailed
to the subdivider. The copy mailed to the subdivider shall include
a certified statement of such requirements which, when completed,
will authorize the signing of the conditionally approved plat. Upon
completion of such requirements, the plat shall be signed 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, however, extend the time
within which a conditionally approved plat may be submitted for signature,
if, in its opinion, such extension is warranted in the circumstances,
for not to exceed two additional periods of 90 days each.
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in § 195-23 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 in § 195-23, except where a waiver may be specifically authorized by the Planning Board.
B.
Number of copies. The number of copies of the preliminary plat as
required by the procedures of the Board shall be presented to the
Clerk of the Planning Board at the time of submission of the preliminary
plat.[2]
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the preliminary plat.
D.
Study of preliminary plat. 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
streets, their relation to the topography of the land, water supply,
sewage disposal, drainage, lot sizes and arrangement, the future development
of adjoining lands as yet unsubdivided, and the requirements of the
Master Plan, the Official Map and Zoning Regulations, if such exist.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 195-23 has been filed with the Clerk of the Planning Board.
F.
Approval of the preliminary plat.
(1)
Within 62 days after the receipt of such preliminary plat by the
Clerk of the Planning Board, the Planning Board shall hold a public
hearing, which hearing shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing. The Planning Board may provide that the hearing be further
advertised in such manner as it deems most appropriate for full public
consideration of such preliminary plat. Within 62 days after the date
of such hearing, the Planning Board shall approve with or without
modification or disapprove such preliminary plat, and the ground of
a modification, if any, or the ground for disapproval shall be stated
upon the records of the Planning Board. 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. When so approving a preliminary
plat, the Planning Board shall state in writing modifications, if
any, as it deems necessary for submission of the plat in final form.
Within five days of the approval of such preliminary plat, it shall
be certified by the Clerk of the Planning Board as granted preliminary
approval and a copy filed in his office, a certified copy mailed to
the owner, and a copy forwarded to the Town Board. Failure of the
Planning Board to act within such forty-five-day period shall constitute
approval of the preliminary plat.[3]
(2)
When granting approval to a preliminary plat, the Planning Board
shall state the terms of such approval, if any, with respect to:
(a)
The modifications to the preliminary plat.
(b)
The character and extent of the required improvements for which
waivers may have been requested and which, in its opinion, may be
waived without jeopardy to the public health, safety, morals and general
welfare.
(c)
The amount of improvement or the amount of all bonds therefor
which it will require as prerequisite to the approval of the subdivision
plat.
(3)
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 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 subdivision plat, the Planning
Board may require additional changes as a result of further study
of the subdivision in final form or as a result of new information
obtained at the public hearing.
A.
Application for approval and fee. The subdivider shall, within six
months after the approval of the preliminary plat, file with the Planning
Board an application for approval of the subdivision plat in final
form, using the approved application blank available from the Clerk
of the Planning Board. All applications for plat approval for major
subdivisions shall be accompanied by a fee established by the Town
Board pursuant to Local Law No. 1 of the Year 2003.[1] If the final plat is not submitted within six months after
the approval of the preliminary plat, the Planning Board may refuse
to approve the final plat and require resubmission of the preliminary
plat.
[Amended 8-12-1982; 2-19-2003 by L.L. No.
1-2003]
B.
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the approval of the Planning Board shall provide the Clerk
of the Board with a copy of the application and three copies of the
plat, the original and one true copy of all offers of cession, covenants
and agreements, and two prints of all construction drawings in the
formats required by Planning Board procedures.[2]
C.
When officially submitted.
(1)
The time of submission of the subdivision plat shall be considered to be the date on which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 195-24, has been filed with the Clerk of the Planning Board.
(2)
In addition, if the applicant elects to construct any or all required improvements as specified in § 195-9A(2), the Town Engineer must file a certificate with the Planning Board stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.
D.
Endorsement of state and county agencies. Water and sewer facility
proposals contained in the subdivision plat shall be properly endorsed
and approved by the Rensselaer County Department of Health and the
Town of Poestenkill. Applications for approval of plans for sewer
or water facilities will be filed by the subdivider with all necessary
Town, county and state agencies. Endorsement and approval by the Rensselaer
County Department of Health and the Town of Poestenkill shall be secured
by the subdivider before the official submission of the subdivision
plat.[3]
E.
Public hearing. Within 62 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 195-6 of this article, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.[4]
F.
Action on proposed subdivision plat.
(1)
The Planning Board shall, by resolution, conditionally approve, with
or without modification, disapprove or grant final approval and authorize
the signing of such plat within 62 days of its receipt by the Clerk
of the Planning Board if no hearing is held, or, in the event a hearing
is held, within 62 days after the date of such hearing. This time
may be extended by mutual consent of the subdivider and the Planning
Board. Failure to take action on a final plat within the time prescribed
therefor shall be deemed approval of the plat.[5]
(2)
Upon resolution of conditional approval of such final plat, the Planning
Board shall empower a duly authorized officer to sign the plat upon
completion of such requirements as may be stated in the resolution.
Within five days of such resolution, the plat shall be certified by
the Clerk of the Planning Board as conditionally approved and a copy
filed in his office and a certified copy mailed to the subdivider.
The copy mailed to the subdivider shall include a certified statement
of such requirements which, when completed, will authorize the signing
of the conditionally approved final plat. Upon completion of such
requirements, the plat shall be signed by said duly authorized officer
of the Planning Board. Conditional approval of a final 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, however, extend the time within which
a conditionally approved plat may be submitted for signature, if,
in its opinion, such extension is warranted in the circumstances,
for not to exceed two additional periods of 90 days each.
[Added 7-26-1995 by L.L. No. 2-1995; amended 2-19-2003 by L.L. No. 1-2003]
A.
Reasonable costs incurred by the Planning Board for consultation fees of an engineer, attorney, planner, inspector or other professional hired by the Board or other extraordinary expenses in connection with review of a proposed subdivision shall be charged to the applicant. Such reimbursable costs shall be in addition to the fees required in §§ 195-5 and 195-6 herein, and shall be governed by procedures and policies contained in the following subsections and in Local Law No. 1 of the Year 2003.[1]
B.
Estimate of consulting fees. Upon submission of an application for
subdivision approval pursuant to the Code of the Town of Poestenkill,
the Planning Board, at its first meeting at which the application
shall be considered, or at such later time in the review process as
may be necessary, shall determine whether it reasonably requires the
services of an attorney, engineer or other professional in connection
with its review and processing of the application. If so, the Planning
Board shall confer with such consulting professionals in regard to
the nature and amount of services anticipated to be provided, shall
obtain an estimate of the fees which will be incurred by the Planning
Board in respect thereto, and shall then advise the applicant of the
amount of such estimates. The application shall be deemed incomplete,
and the Board shall not proceed with any further review of the project,
until such estimated amounts are paid to the Town of Poestenkill by
the applicant.
C.
Escrow of estimated fees by applicants. All amounts paid to the Town of Poestenkill by an applicant pursuant to Subsection B herein shall be maintained in an escrow account and applied only to the payment of consulting fees incurred by the Planning Board with respect to review of that applicant’s project.
D.
Applicant’s failure to escrow. The Planning Board shall not
undertake or continue any review until the required amounts have been
paid into the escrow fund as herein provided. Failure by an applicant
to pay into the escrow fund any estimated consulting fees within 30
days of the date of the meeting at which the estimates are provided
shall be grounds for the Board to deny the application.
E.
Statements of consultants. The consultants hired by the Planning
Board shall submit itemized statements for services to the Town from
time to time and a final statement within 10 business days of the
date of the meeting at which the Board takes final action on the application,
which statements shall be paid from the escrow funds. No consultant
shall perform any services the charges for which shall exceed the
amounts estimated. A consultant from time to time may provide revised
estimates in the event it appears to the consultant that the original
estimate will be insufficient to reimburse the full amount of the
charges. Upon acceptance by the Planning Board of such revised estimate,
the applicant shall deposit in such escrow account any additional
amounts required pursuant to the revised estimate of consulting charges.
F.
Final Board action; return of excess funds. Before signing any subdivision
plat, the Planning Board shall determine that all engineering, legal
and other consulting charges incurred in connection with its review
of such application have been submitted by the consultants and the
amounts paid into escrow by the applicant are sufficient therefor.
Upon final action by the Board and after payment of the final statements
of all consultants, any unexpended funds paid by that applicant which
remain in the escrow account shall be returned to the applicant.[2]
A.
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
In an amount set by the Planning Board, the subdivider shall either
file with the Town Clerk a certified check to cover the full cost
of the required improvements or the subdivider shall file with the
Town Clerk a performance bond to cover the full cost of the required
improvements. Any such bond shall comply with the requirements of
§ 277 of the Town Law and shall be satisfactory to the Town
Board and the Town Engineer as to form, sufficiency, manner of execution
and surety. A period of one year (or such other period as the Planning
Board may determine appropriate, not to exceed three years) shall
be set forth in the bond within which required improvements must be
completed.
(2)
The subdivider shall complete all required improvements to the satisfaction
of the Town Engineer, who shall file with the Planning Board a letter
signifying the satisfactory completion of all improvements required
by the Board. For any required improvements not so completed, the
subdivider shall file with the Town Clerk a bond or certified check
covering the cost of such improvements and the cost of satisfactorily
installing any improvement not approved by the Town Engineer. Any
such bond shall be satisfactory to the Town Board and the Town Engineer
as to form, sufficiency, manner of execution and surety.
B.
Modification of design of improvements. If at any time before or
during the construction of the required improvements it is demonstrated
to the satisfaction of the Town Engineer that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the Town Engineer may, upon approval by
a previously delegated member of the Planning Board, authorize modifications,
provided that these modifications are within the spirit and intent
of the Planning Board's approval and do not extend to the waiver or
substantial alteration of the function of any improvements required
by the Board. The Town Engineer shall issue any authorization under
this section, in writing, and shall transmit a copy of such authorization
to the Planning Board at its next regular meeting.
C.
Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall pay to
the Town Clerk the inspection fee required by the Town Board pursuant
to Local Law No. 1 of the Year 2003.[1] At that time, the applicant shall also notify the Town
Board, in writing, of the time when he proposes to commence construction
of such improvements in order that the Town Board might cause inspection
to be made to assure that all Town specifications and requirements
shall be met during the construction of required improvements and
to assure the satisfactory completion of improvements and utilities
as required by the Planning Board.
[Amended 2-19-2003 by L.L. No. 1-2003]
D.
Proper installation of improvements. If the Town Engineer shall find,
upon inspection of the improvements performed before the expiration
date of the performance bond, that any of the required improvements
have not been constructed in accordance with plans and specifications
filed by the subdivider, he shall so report to the Town Board, Code
Enforcement Officer and Planning Board. The Town Board then shall
notify the subdivider, and, if necessary, the bonding company, and
take all necessary steps to preserve the Town's rights under the bond.
No plat shall be approved by the Planning Board as long as the subdivider
is in default on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements in §§ 195-7 and 195-9 above and a notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved or considered approved by reasons of the failure of the Planning Board to act shall become null and void.[1]
B.
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made in any subdivision plat after approval
has been given by the Planning Board and endorsed in writing on the
plat, unless the said plat is first resubmitted to the Planning Board
and such Board approves any modifications. In the event that any such
subdivision plat is recorded without complying with this requirement,
the same shall be considered null and void, and the Board shall institute
proceedings to have the plat stricken from the records of the County
Clerk.
A.
Public acceptance of streets. The approval by the Planning Board
of a subdivision plat shall not be deemed to constitute or be evidence
of any acceptance by the Town of any street, easement or other open
space shown on such subdivision plat.
B.
Ownership and maintenance of recreation areas. When a park, playground
or other recreation area shall have been shown on a plat, the approval
of said plat shall not constitute an acceptance by the Town of such
area. The Planning Board shall require the plat to be endorsed with
appropriate notes to this effect. The Planning Board may also require
the filing of a written agreement between the applicant and the Town
Board covering future deed and title, dedication and provision for
the cost of grading, development, equipment and maintenance of any
such recreation area.
[Added 6-11-1981]
B.
General purpose. This authorization is for the purposes of enabling
a flexibility for design of subdivisions so as to encourage most efficient
and desirable use of land with respect to unusual physical characteristics
and/or innovative methods of development. It applies to all lands
within residential zones in the Town of Poestenkill.
C.
Conditions.
(1)
All plats approved under this section shall be consistent with the
objectives of the Town Comprehensive Plan and the Land Use Ordinance,[2] and further shall, in the judgment of the Planning Board,
be of benefit to the Town.
[Amended 6-20-2013 by L.L. No. 3-2013]
(2)
In no case shall the number of building lots or dwelling units exceed
the number which could normally be permitted if the land were subdivided
in conformance with the usual application of standards in this chapter.
[Amended 6-20-2013 by L.L. No. 3-2013]
(3)
All structures shall be in conformance with the height requirement in Chapter 150, Land Use, and there shall be no more than six dwelling units in a single structure.
(4)
In the event that a plan proposed for approval under this section
contains clustered development with associated open space or land
for other common uses, the Planning Board may establish, with Town
Board approval, conditions for ownership, use and maintenance of such
lands as it deems necessary to assure their preservation for the intended
purpose.
(5)
The proposed site plan, including areas within which structures may
be located, the height and spacing of buildings, open spaces and their
landscaping, off-street open and enclosed parking spaces and streets,
driveways and all other physical features as shown on the plan or
otherwise described, accompanied by a statement explicitly setting
forth the nature of all modifications, changes or supplementation
of existing zoning provisions, whether or not shown on the site plan,
shall be subject to review and public hearing by the Planning Board
in the same manner as are all other plat applications.
(6)
At least 30 days prior to the public hearing on any application for
subdivision approval under this section, the Planning Board shall
request an opinion from the professional planning staff of the Rensselaer
County Bureau of Planning.
