Town of Kinderhook, NY
Columbia County
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Table of Contents
Table of Contents
[Amended 8-8-2005 by L.L. No. 13-2005; 9-10-2012 by L.L. No. 3-2012]
A. 
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/her duly authorized agent may apply in writing for approval of such proposed subdivision in accordance with the following procedures.
B. 
Conservation subdivisions shall be voluntary; any applicant who so chooses may utilize the provisions of Chapter 215, Article IV, of the Town Code.
C. 
The Town of Kinderhook has determined that piecemeal subdivision of large properties where a small number of individual lots are subdivided off to circumvent major subdivision regulations will have a detrimental impact on neighborhood character, preservation of open space and agricultural lands, and the ability to provide traditional streetscapes and/or pedestrian networks. Therefore, where five or more lots are subdivided from any parcel within a five-year period, the fifth lot shall be deemed a major subdivision.
Every application for review or determination under this chapter shall be accompanied by a reasonable fee as set forth in the Town of Kinderhook's Fee Schedule,[1] as adopted by the Town Board. In addition, the applicant shall be responsible for any costs incurred by the Town for engineering and other similar services deemed necessary for the proper evaluation of the application.
[1]
Editor's Note: The Fee Schedule is on file in the Town offices.
[Added 10-7-2002 by L.L. No. 5-2002]
A. 
Within 15 days of the filing of an application for subdivision approval with the Planning Board, the applicant shall send to every owner of property located within 300 feet of the boundary of the property which the applicant proposes to subdivide, by regular mail, the following notice:
[Amended 5-14-2007 by L.L. No. 5-2007]
"PLEASE TAKE NOTICE that the undersigned has applied to the Planning Board of the Town of Kinderhook to subdivide land owned by applicants located within 300 feet of the boundary of property owned by you. Approval of this subdivision by the Planning Board, if granted, might have an affect on your property or your use of it. You have a right to be heard by the Planning Board on the matter. For details on the application and the status of the application you may contact the Secretary of the Planning Board of the Town of Kinderhook.
Subdivision Approval Applicant
(Address of Applicant)
(Tel. No. of Applicant)"
B. 
Said notice shall be addressed to the party shown on the Tax Map as the owner of said property at the address shown in the records maintained by the Tax Assessor of the Town of Kinderhook.
C. 
The applicant shall file with the Secretary of the Planning Board, prior to the first public hearing on the application, an affidavit that said applicant has made the required mailings. If the notice is undeliverable by the United States Postal Service or delivery is refused by the addressee, no further notification is required of the applicant.
[Amended 5-14-2007 by L.L. No. 5-2007]
A. 
Any owner of land shall, prior to subdividing it, submit to the Secretary of the Planning Board, at least 14 days prior to the regular meeting of the Planning Board, seven copies of a preliminary plat of the proposed subdivision, for purposes of and for preliminary discussion. These shall comply with the requirements of Article III, §§ 215-12 through 215-19, of the Code and Article IV, § 215-20, of the Code if the application is for a conservation subdivision. The Secretary shall then submit the plans to the Town Building Official for a review to determine their compliance with the aforementioned sections of the Code, who shall submit a written report of his/her review to the Secretary.
[Amended 4-12-2004 by L.L. No. 7-2004]
B. 
Discussion of requirements and classification.
(1) 
Preapplication conference. A preapplication conference is required for conservation subdivisions and for other major and minor subdivisions prior to submission of a preliminary plan. The preapplication conference is an informal meeting, held at a regular, special or workshop meeting of the Planning Board, between the Planning Board and the applicant. The purpose of the preapplication conference is to introduce the applicant to the Town of Kinderhook's laws and policies regarding subdivisions and to review the applicant's objectives. 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. For conservation subdivisions where the open space land will be preserved through use of a conservation easement, a land conservancy or trust organization should also be included at this stage of the subdivision process to provide advice and assistance on use of such conservation easements.
[Amended 5-14-2007 by L.L. No. 5-2007]
(2) 
Classification of the preliminary plat 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 the 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 preliminary plat is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article II, § 215-6, of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article II, §§ 215-7, 215-8 and 215-9.
C. 
Study of preliminary plat. The Planning Board shall determine whether the preliminary plat meets the purposes of this chapter and shall, where it deems necessary, make specific recommendations to be incorporated by the applicant in the next submission to the Planning Board. The Planning Board shall also determine the maximum number of dwelling units in the subdivision allowable under § 250-12 of Chapter 250, Zoning, of the Code of the Town of Kinderhook.
A. 
Application. Within six months after classification of the preliminary plat 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 preliminary plat to the Planning Board for reclassification. The plat shall conform to the layout previously submitted and incorporate any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article V, § 215-22.
B. 
Number of copies. Ten copies of the preliminary plat shall be presented to the Secretary of the Planning Board at least 14 days prior to a regular monthly meeting of the Planning Board.
[Amended 7-11-2005 by L.L. No. 7-2005; 5-14-2007 by L.L. No. 5-2007]
C. 
Subdivider to attend Planning Board meeting. The subdivider or their duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.
D. 
An application for subdivision approval shall be deemed complete by formal action of the Planning Board at a regular meeting after payment of all fees and submission of all required information.
E. 
Public hearing. A public hearing shall be held by the Planning Board within 45 days from the time of acceptance of a completed application by the Planning Board. Said hearing shall be advertised in a newspaper of general circulation or the official newspaper of the Town at least five days before such hearing. The date of the public hearing may be changed by mutual consent of the Planning Board and the applicant. Should a State Environmental Quality Review Act (SEQRA)[1] hearing be required, the review requirements of 6 NYCRR Part 617 and also Chapter 122 of this Code shall supersede the requirements of this section, and said hearings shall be held simultaneously.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
F. 
Action on subdivision plat. The Planning Board shall, within 45 days from the date of public hearing, approve, modify and approve or disapprove the subdivision plat.
G. 
General provisions related to the State Environmental Quality Review Act.
(1) 
In any unlisted or Type I action under the State Environmental Quality Review Act, no application hereunder shall be deemed complete until a negative declaration or notice of completion of a draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act.
(2) 
The subdivision plat review procedures in this section assume that the Planning Board is the lead agency under the State Environmental Quality Review Act. In rare situations, the Planning Board may not be the lead agency under the State Environmental Quality Review Act. In such circumstances where the Planning Board is not the lead agency, the Planning Board should consult the Town Law of the State of New York for the decisionmaking procedure.
A. 
Application. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in Article V, § 215-23, 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 Article V, § 215-23, of this chapter, except where a waiver may be specifically authorized by the Planning Board.
B. 
Number of copies. Seven copies of the preliminary plat, prepared by a licensed surveyor, shall be presented to the Secretary of the Planning Board at least 14 days prior to the regular monthly meeting of the Planning Board.
[Amended 7-11-2005 by L.L. No. 7-2005; 5-14-2007 by L.L. No. 5-2007]
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 Comprehensive Plan, the Official Map[1] and Chapter 250, Zoning, if such exist.
[1]
Editor's Note: Said map is on file in the Town offices.
E. 
An application for subdivision approval shall be deemed complete by formal action of the Planning Board at a regular meeting after payment of all fees and submission of all required information.
F. 
General provisions related to the State Environmental Quality Review Act.[2]
(1) 
In any unlisted or Type I action under the State Environmental Quality Review Act, no application hereunder shall be deemed complete until a negative declaration or notice of completion of a draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act.
(2) 
The subdivision plat review procedures in this section assume that the Planning Board is the lead agency under the State Environmental Quality Review Act. In rare situations, the Planning Board may not be the lead agency under the State Environmental Quality Review Act. In such circumstances where the Planning Board is not the lead agency, the Planning Board should consult § 276, Subdivision 5(e), of the Town Law of the State of New York for the decisionmaking procedure.
[2]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
G. 
Conditional approval of the preliminary plat. Within 45 days after the time of submission of a preliminary plat, the Planning Board shall take action to conditionally approve, with or without modifications, or disapprove such preliminary plat, and the grounds for any modification required or the grounds for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such forty-five-day period shall constitute a conditional approval of the preliminary plat. When granting conditional approval to a preliminary plat, the Planning Board shall state the conditions of such approval, if any, with respect to the specific changes which it will require in the preliminary plat, 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, and the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat. The action of the Planning Board, plus any conditions attached thereto, shall be noted on five copies of the preliminary plat. One copy shall be returned to the subdivider, three retained by the Planning Board and one forwarded to the Town Board. Conditional 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 and the conditions of the conditional approval, if any. 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. The subdivider shall, within six months after the conditional 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. If the final plat is not submitted within six months after the conditional approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
B. 
Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Secretary of the Board with seven copies of the application, a plat prepared by a licensed surveyor and attachments (covenants, construction drawings, etc.) at least 10 days in advance of the regular monthly Planning Board meeting at which it is to be officially submitted. The ten-day minimum requirement may be waived by the Board.
C. 
Application accepted as complete. An application for subdivision approval shall be deemed complete by formal action of the Planning Board at a regular meeting after payment of all fees and submission of all required information. In addition, if the applicant elects to construct any or all required improvements [as specified in Article II, § 215-9A(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 accepted as complete.
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 Columbia County Department of Health. 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 Columbia County Department of Health shall be secured by the subdivider before official submission of subdivision plat.
E. 
Public hearing. A public hearing shall be held by the Planning Board within 45 days from the time of acceptance of a completed application by the Planning Board. Said hearing shall be advertised in a newspaper of general circulation or the official newspaper of the Town at least five days before such hearing. The date of the public hearing may be changed by mutual consent of the Planning Board and the applicant. Should a SEQRA hearing be required, the review requirements of 6 NYCRR Part 617 and also Chapter 122 of this Code shall supersede the requirements of this section, and said hearings shall be held simultaneously.
F. 
Action on proposed subdivision plat. The Planning Board shall, within 45 days from the date of the public hearing on the subdivision plat, approve, modify and approve or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has complied with the provisions of § 215-9 of this article.
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 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 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 costs 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 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 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 subsection 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 and shall notify the Town Board in writing of the time when he proposes to commence construction of such improvements so that the Town Board may 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 required by the Planning Board.
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, Building Inspector 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 §§ 215-8 and 215-9 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) 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, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension, which shall not exceed two additional periods of 62 days.
[Amended 4-12-2004 by L.L. No. 7-2004]
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.