[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.
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.
