[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, 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.
[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]
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"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.
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Subdivision Approval Applicant
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(Address of Applicant)
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(Tel. No. of Applicant)"
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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]