Whenever any subdivision of land is proposed to be made, including a conservation subdivision, 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 owner or his duly authorized agent shall apply in writing, by submission of a subdivision application and all other necessary materials, for approval of such proposed subdivision. For purposes of this chapter, the number of parcel subdivisions shall be calculated based upon the "parent parcel" as that term is defined in §
325-42. Accordingly, the number of permissible subdivisions shall be calculated based upon the parent parcel as follows: Lots which have been created from a parent parcel cannot be further subdivided unless more than one lot assignment was made to the parcel during the initial subdivision of the parent parcel. Therefore, if a one-hundred-acre parent parcel is subdivided into two lots, one with 40 acres and one with 60 acres, and the original parent parcel was allowed eight lots, the parent parcel landowner could stipulate, for example, that the forty-acre parcel is given six lot assignments and the sixty-acre parcel is given two lot assignments. In any case, the assignment of lots may not exceed the maximum number of lots allowed for the original parent parcel. Subdivision approval must be obtained 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 Secretary of the Planning Board at least 10 days prior to the regular meeting of the Board seven copies of a sketch plan of the proposed subdivision which shall comply with the following provisions for the purpose of classifying the subdivision and preliminary discussion of the application.
(1) The sketch plan initially submitted to the Planning Board shall be based on Tax Map information or some other similarly accurate base map at scale preferably not less than 400 feet to the inch to enable the entire tract to be shown on one sheet.
(2) The sketch plan shall be submitted on a sheet of paper no less than 8.5 inches by 11 inches.
(3) The sketch plan shall be submitted showing the following information:
(a) A location map to indicate the relationship of the proposed subdivision to existing community facilities which will serve or influence the layout, such as existing road patterns, schools, parks and other public or conservation lands, and whether such subdivision is located within the City's Local Waterfront Revitalization Area.
(b) All existing structures, including any structures of historical or archaeological importance, existing property lines, wooded areas, streams or watercourses, wetlands and other significant physical features within the area to be subdivided and within 500 feet thereof.
(c) The kind of development proposed, including uses (such as residential, commercial, mixed use).
(d) The proposed pattern and approximate dimensions and areas of lots (including lot width and depth), building sites, road and driveway type and configuration, recreation areas, conservation areas, systems of drainage, water supply, and sewage system within the subdivision, including scale, North arrow and acreage involved.
(e) The name and owner of all adjoining property.
(f) All existing restrictions on the use of the land, such as zoning district designation, rights-of-way or other easements, including conservation easements, and covenants.
(4) A density bonus application pursuant to §
325-28.2, if applicable.
(5) Copies of any applications to the Zoning Board of Appeals for a use or area variance, if applicable.
B. Sketch plan meeting. The owner or applicant, or his duly authorized representative, shall attend a meeting of the Planning Board to discuss the sketch plan and applicable laws, rules and regulations related to the proposed subdivision. Upon conclusion of such meeting where possible, but in no event not later than 30 days following such meeting, the Planning Board shall make the following determinations:
(1) Whether the sketch plan meets the requirements of §
325-35.1A, and if necessary, make specific recommendations regarding such requirements in writing to be incorporated by the applicant in the next submission to the Planning
Board.
(2) In accordance with this subsection, determine whether the subdivision is a major or minor subdivision and, if a minor subdivision, whether such minor subdivision will be subject to subdivision review or site plan review.
(a) Major subdivision approval. Review of major subdivisions, as that term is defined by §
325-42, shall be required for all applications involving one or more of the following:
[1] The subdivision of land into three or more lots;
[2] The subdivision of land involving three or more acres of land area, regardless of the number of lots;
[3] The subdivision of land involving the construction or extension of a street; and/or
[4] Any conservation development proposal authorized pursuant to §
325-28.
(b) Minor subdivision approval. Review of minor subdivisions, as that term is defined by §
325-42, may be subject to site plan review pursuant to §
325-35.
C. Time for filing application. Within six months after acceptance and classification of the sketch plan, the applicant shall submit to the Planning Board an application for a subdivision approval for any major subdivision or a minor subdivision deemed to warrant such a review. Failure to submit such application based upon the sketch plan within six months from acceptance and classification of the sketch plan will result in revocation of sketch plan approval.
D. State environmental quality review.
(1) Coordination with the State Environmental Quality Review Act. The owner or applicant shall provide full disclosure and cooperate with the Planning Board in its efforts to comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
(2) Receipt of a complete application and preliminary plat. 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.
E. Subdivision application. Within six months of the classification of a sketch plan as a major subdivision or where the Planning Board has determined that a minor subdivision shall nevertheless be subject to subdivision review, the owner or applicant of such subdivision may submit seven copies of the sketch plan which shall incorporate recommendations, if any, made by the Planning Board as a result of the sketch plan meeting to the Secretary of the Planning Board, together with seven copies of an application for such subdivision, accompanied by the required fee. The application shall include the following documents:
(1) A copy of such covenants, deed restrictions, road requirements or road maintenance agreements as are intended to cover all or part of the subdivision plat or a statement by the owner that no such restrictions exit.
(2) If the application covers only a part of the owner's or applicant's entire contiguous holdings, the application shall submit a map or sketch of the entire contiguous holdings, indicating acreages and the relation of the proposed subdivision to the entire holding(s). The map shall show an outline of the planned area with its proposed streets and shall indicate the probable future street system with grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire subdivision. The area proposed for subdivision shall be considered in light of the entire holding.
(3) All appropriate environmental forms, assessments and impact statements which are necessary in connection with the environmental review process, including a long form environmental assessment.
(4) Applications for a density bonus permit pursuant to §
325-28.2 or use or area variances, where applicable.
(5) Seven copies of the preliminary plat certified by a licensed land surveyor and/or professional engineer at a scale of not more than 100 feet but preferably not less than 50 feet to an inch shall be submitted to the Secretary of the Planning Board at least five days prior to the regular Planning Board meeting, which plat shall contain the following information:
(a) Proposed subdivision name and location, date, true or magnetic North point, map scale, name and address of the record owner and owner or applicant, name and address of engineer and/or surveyor, including license number(s) and seal(s).
(b) The name of all owners or parcels immediately adjacent and within 200 feet of the property, including opposite side of roads or highways.
(c) All parcels of land proposed to be dedicated to public use or preserved as conservation or open space and the conditions of such dedication or preservation.
(d) Location of existing property lines, easements, buildings, watercourses, wetlands, rock outcrops, wooded areas, soil types, slopes greater than 15% and 30%, and other significant existing physical features and significant environmental resources as identified by the City for the proposed subdivision and adjacent property.
(e) Location of existing and proposed sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
(f) Contours with intervals of 10 feet or less as required by the Board, including elevations of existing roads. Approximate grading plan if natural contours are to be changed more than two feet.
(g) All existing and proposed roads or public ways or places shown on the Official Zoning Map within the area to be subdivided or developed, including width, location, grades, road profiles and cross sections of all roads or public ways as proposed by the developer.
(h) Street lines, pedestrianways, lots, reservations, easements and areas to be dedicated to public use.
(i) Sufficient data acceptable to the Planning Board to readily determine the location, bearing and length of every road line, lot line, boundary line, including chord bearing, curve radii and arc length or central angle and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system of plane coordinates and, in any event, should be tied to reference points previously established by a public authority.
(j) The length and bearing of all straight lines, radii, chord bearing, arc and/or central angles of all curves shall be given for each road. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the properties.
(k) The approximate location and size of all proposed water lines, valves, hydrants and sewer lines, fire ponds and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewer disposal and treatment as provided in the Public Health Law. Profiles of all proposed water and sewer lines.
(l) Storm drainage plan indicating the approximate location and size of proposed lines and their profiles. Connection to existing lines or alternate means of discharge.
(m) Plans and cross sections showing the proposed location and type of sidewalks, road lighting standards, road trees, curves, water mains, sanitary sewers and stormwater drains, and including the size and type thereof, the character, width and depth of pavements and subbase, the location of manholes, catch basins and overhead lines, underground conduits, i.e., telephone, CATV, power, gas, and all contemplated infrastructure.
(n) Preliminary designs of any bridges or culverts which may be required.
(o) The proposed lot lines with approximate dimensions and area of each lot.
(p) Where topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over and under private property, which permanent easements shall not be less than 20 feet in width and which shall provide satisfactory access to an existing public highway or other public highway or public conservation land or open space shown on the subdivision or the Official Zoning Map.
(q) An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to or by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by suitable monuments, as recommended by the licensed land surveyor, and shall be referenced and shown on the plat. The plat shall show all existing structures, wooded areas, streams, wetlands and other significant features within the portion to be subdivided or developed and within 200 feet thereof. Topical contour shall also be included in intervals of not more than 10 feet.
(r) All on-site sanitation and water supply facilities shall be designed to meet or exceed the minimum of the current state and county sanitation laws. The feasibility data on sanitation facilities, including percolation test, water and stormwater drainage, including documentation from on-site investigation by the Columbia County Department of Health or a licensed engineer, shall be noted on the plat and signed by a duly appointed agent of the county or licensed engineer.
(s) Road requirements or road maintenance agreement notes approved by the Planning Board.
(t) Photos or aerial photos, if required.
(u) Layout of all utilities and proposed easements.
F. Approval procedure.
(1) Owner or applicant to attend Planning Board meeting. The owner or applicant, or his duly authorized representative, shall attend the meeting of the Planning Board scheduled to discuss the subdivision application.
(2) Official submission date. The time of submission of the subdivision application shall be considered to be the date of the Planning Board's regular meeting on or before which the complete application, accompanied by the required fee and all data required by this section, has been filed with the Secretary of the Planning Board. The application shall not be considered complete until either a negative declaration has been filed or a notice of completion of a draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of the application shall begin upon filing of the negative declaration or the notice of completion.
(3) Consideration of the preliminary plat. The Planning Board shall study the practicability of the preliminary subdivision 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 roads, their relation to the topography of the land, water supply, road requirements and road maintenance agreements, sewerage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet not subdivided, and the requirements and goals of this chapter, the Comprehensive Plan, and the Local Waterfront Revitalization Program and the policies contained therein.
(4) Highway referral. In any application for a subdivision that will require access from a state, county or City highway, the applicant will forward notice of the proposed subdivision or development to the appropriate agency for review and comment, with proof of such submission and the response from the agency, if any, to be filed with the Secretary of the Planning Board.
(5) Public hearing on preliminary plat; Planning Board as lead agency.
(a) The time within which the Planning Board shall hold a public hearing on the preliminary plat as follows:
[1] If such Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall be held within 62 days after receipt of a completed application by the Secretary of the Planning Board.
[2] If such Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days after filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days of the filing of the notice of completion.
[3] Where the subdivision includes a density bonus application pursuant to §
325-28.2, the Planning
Board shall convene a public hearing which shall be held jointly with any other hearing held pursuant to this subsection.
(b) Notice and length.
[1] The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the City at least five days before such hearing if no hearing is held on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such a manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[2] The applicant shall mail notice of the filing of the application and all public hearings regarding such subdivision directly to all owners of abutting parcels of the parcel or parcels proposed to be subdivided. Notification in all cases shall be made by certified mail, return receipt requested, at least 10 days prior to the scheduled Planning Board meeting or hearing. Documentation of the foregoing notification shall be submitted to the Planning Board prior to the public hearing.
(c) Decision. Approval of a preliminary plat shall be based upon demonstration of compliance with all relevant provisions of this chapter and consistency with the Comprehensive Plan and, where applicable, any applicable policies and projects contained in the Local Waterfront Revitalization Program. The Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:
[1] If the Planning Board determines that the preparation of an environmental impact statement on the plat is not required, such Board shall make its decision within 62 days after the close of the public hearing. Such decision shall include a preliminary determination on any application for a density bonus permit; or
[2] If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 62 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the plat. Within 30 days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary plat, including a preliminary determination on any application for a density bonus permit.
[3] If the Planning Board fails to act within the specified time periods, the default approval provisions of the General City Law shall apply.
[4] The time in which the Planning Board must take action on such preliminary plat may be extended by mutual written consent of the owner or applicant and the Planning Board.
(d) Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing or in its minutes any modifications it deems necessary for submission of the preliminary plat in final form.
(6) Public hearing on preliminary plat; Planning Board not as lead agency.
(a) Public hearing on preliminary plat. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement, where the lead agency holds such hearing. Failing agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after receipt of a complete application by the Secretary of the Planning Board.
(b) Notice and length.
[1] The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the City at least five days before such hearing if no hearing is held on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[2] The applicant shall mail notice of the filing of the application and all public hearings regarding such subdivision directly to all owners of adjoining parcels of the parcel or parcels proposed to be subdivided. Notification in all cases shall be made by certified mail, return receipt requested, at least 10 days prior to the scheduled Planning Board hearing. Documentation of the foregoing notification shall be submitted to the Planning Board prior to the public hearing.
(c) Decision. Approval of a preliminary plat shall be based upon demonstration of compliance with all relevant provisions of this chapter and consistency with the Comprehensive Plan and, where applicable, any applicable policies and projects contained in the Local Waterfront Revitalization Program. The Planning Board shall, by resolution, approve, with or without modification, or disapprove such preliminary plat as follows:
[1] If the preparation of an environmental impact statement on the plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing; or
[2] If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the plat within 62 days after the close of the public hearing on such plat or 30 days of the adoption of findings by the lead agency, whichever period is longer.
[3] If the Planning Board fails to act within the specified time periods, the default approval provisions of the General City Law shall apply.
[4] The time in which the Planning Board must take action on such preliminary plat may be extended by mutual written consent of the owner or applicant and the Planning Board.
(d) Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing or in its minutes any modifications it deems necessary for submission of the preliminary plat in final form.
(7) Action on major subdivision preliminary plat.
(a) Approval of a preliminary plat shall not constitute approval of the subdivision, 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 final plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the preliminary subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision as a result of new information obtained at the public hearing.
(b) Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of the preliminary plat, such plat shall be certified by the Secretary of the Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in the office of the City Clerk. A copy of the resolution shall be mailed or otherwise provided to the owner or applicant.
(c) Revocation. Within six months of the approval of the preliminary plat, the owner must submit the plat in final form. If the plat is not submitted within six months, the preliminary approval shall be revoked, but such preliminary approval is subject to extension by the Planning Board at its discretion.
(8) Approval of final subdivision plat.
(a) Submission and approval of final plat. When a plat in compliance with Subsection
F(8)(b) and
(c) of this section and marked as "Final Plat" is submitted to the Planning
Board which the Planning
Board deems to conform to the preliminary plat previously approved, including any conditions of such approval, the Planning
Board shall, by resolution, either conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing and certification of such final plat, within 62 days of its receipt by the Planning
Board. Failure of the Planning
Board to act within such time, unless such time period is extended by mutual consent, shall constitute approval of such final plat.
(b) Form of final plat. The final plat for a major subdivision or conservation development to be filed with the County Clerk shall be printed upon linen or Mylar or upon such paper or materials required by County Clerk of Columbia County to be duly filed. The plat shall show:
[1] Proposed subdivision or development name and name of the City and county in which it is located, date, true or magnetic North point, map scale, name and address of the record owner and owner or applicant, name and address of engineer and/or surveyor, including license number(s) and seal(s).
[2] All parcels of land proposed to be dedicated to public use or preserved as open space and the conditions of such dedication or preservation. The agreements or documents as are necessary to show the manner in which such areas are to be owned, maintained and preserved, including road maintenance agreements approved by the Planning Board, shall be noted on or appended to the plat.
[3] Road lines, pedestrianways, lots, reservations, easements and areas to be dedicated to public use.
[4] Location of existing and proposed sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
[5] Contours with intervals of 10 feet or less as required by the Board, including elevations of existing roads. Approximate grading plan if natural contours are to be changed more than two feet.
[6] All existing and proposed roads or public ways or places shown on the Official Zoning Map within the area to be subdivided or developed, including width, location, grades, road profiles and cross-sections of all roads or public ways as proposed by the developer.
[7] Sufficient data acceptable to the Planning Board to readily determine the location, bearing and length of every road line, lot line, boundary line, including chord bearing, curve radii and arc length or central angle and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system of plane coordinates and, in any event, should be tied to reference points previously established by a public authority.
[8] The length and bearing of all straight lines, radii, chord-bearing, arc and/or central angles of all curves shall be given for each road. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the properties.
[9] Lots and blocks within a subdivision shall be numbered and lettered in accordance with the prevailing City practice.
[10] The approximate location and size of all proposed water lines, valves, hydrants and sewer lines, fire ponds and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewer disposal and treatment as provided in the Public Health Law. Profiles of all proposed water and sewer lines.
[11] Storm drainage plan indicating the approximate location and size of proposed lines and their profiles. Connection to existing lines or alternate means of discharge.
[12] Permanent reference monuments shall be shown and shall be constructed in accordance with specifications of the City Public Works Superintendent. When referenced to the state system of plan coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the City Public Works Superintendent and their location noted and referenced upon the plat.
[13] All lot corner markers shall be permanently located satisfactorily to the City Public Works Superintendent at least 3/4 inch (if metal) in diameter and at least 24 inches in length and located in the ground to existing grade.
[14] Monuments of a type and approved by the City Public Works Superintendent shall be set at all corners and angle points of the boundaries of the original tract to be subdivided, and at all road intersections, angle points in street lines, points of curve, and such intermediate points as shall be required by the City Public Works Superintendent.
[15] The proposed lot lines with approximate dimensions and area of each lot.
(c) Underground utilities map. A map shall be submitted to the satisfaction of the Planning Board, indicating the location of the monuments marking all underground utilities as actually installed. If the owner or applicant completes all required improvements without a security agreement, then such map shall be submitted prior to final approval of the subdivision plat. However, if the owner or applicant elects to provide a security agreement for all required improvements, such bond or other security shall not be released until such a map is submitted in a form satisfactory to the Planning Board.
(d) Final plats when no preliminary plat is required to be submitted; receipt of complete final plat. When no preliminary plat is required to be submitted, a final plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of such plat shall begin upon filing of such negative declaration or such notice of completion.
(e) Final plats not in substantial agreement with approved preliminary plats, or when no preliminary plat is required to be submitted. When a final plat is submitted which the Planning
Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section, or when no preliminary plat is required to be submitted and a final plat clearly marked "final plat" is submitted conforming to the definition provided in §
325-42, the following shall apply:
[1] Planning Board as lead agency; public hearing; notice; decision.
[a] Public hearing on final plats. The time within which the Planning Board shall hold a public hearing on such final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:
[i] If such board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat, or on a final plat when no preliminary plat is required to be submitted, shall be held within 62 days after the receipt of a Complete final plat by the Clerk of the Planning Board; or
[ii] If such board determines that an environmental impact statement is required and a public hearing on the draft environmental impact statement is held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days following filing of the notice of completion.
[b] Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the City at least five days before such hearing if no hearing is held on the draft environmental impact statement or 14 days before a hearing held jointly therewith. 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 final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[c] Decision. The Planning Board shall make its decision on the final plat as follows:
[i] If such commission determines that the preparation of an environmental impact statement on the final plat is not required, 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 after the date of the public hearing; or
[ii] If such Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on such final environmental impact statement and shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat.
[d] Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
[2] Planning Board not as lead agency; public hearing; notice; decision.
[a] Public hearing. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the final plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the plat within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board.
[b] Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the City at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. 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 final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[c] Decision. The Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat as follows:
[i] If the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on such final plat.
[ii] If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the final plat within 62 days after the close of the public hearing on such final plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
(f) Plat certification. Upon passage of a resolution by the Planning Board of conditional or final approval of the 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 business days of such resolution, the plat shall be certified by the Clerk of the Planning Board as having been granted conditional or final approval, and a copy of said plat shall be filed in the City Clerk's office and mailed to the owner or applicant. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing of the conditionally approved plat as final. Upon completion of such requirements, the plat shall be signed by the duly authorized officer of the Planning Board and a copy of the signed plat shall be filed in the office of the City Clerk.
(g) Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may, in its resolution granting conditional or final approval, state that such requirements as it deems necessary to ensure the orderly development of the plat be accepted before the sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of the final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.
(h) Conditional approval. Conditional approval of the final plat shall expire within 180 days after passage of the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend by not more than two additional periods of 90 days each the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.
(9) Default approval of preliminary plat. Any default approval of preliminary plat shall not avoid the need for final plat submission and approval.
(10) Improvements and performance bond. Before the Planning Board grants final approval of a subdivision plat, the owner or applicant shall complete all improvements (including roads and highways) or comply with the following procedure:
(a) Furnishing of performance bond or other security. As an alternative to the installation of infrastructure and improvements, as above provided, prior to Planning Board approval, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or a City department designated by the Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Planning Board, shall be furnished to the City by the owner.
(b) Security where plat approved in sections. In the event that the owner shall be authorized to file the approved plat in sections, as provided in this section, approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the office of the County Clerk or the furnishing of security covering the costs of such improvements. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.
(c) Form of security. Any such security must be provided pursuant to a written security agreement with the City, approved by the Common Council and also approved by the City Attorney as to form, sufficiency and manner of execution, and shall be limited to:
[1] A performance bond issued by a bonding or surety company;
[2] The deposit of funds in, or a certificate of deposit issued by, a bank or trust company located and authorized to do business in this state;
[3] An irrevocable letter of credit from a bank located and authorized to do business in this state;
[4] Obligations of the United States of America; or
[5] Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements. If not delivered to the City, such security shall be held in a City account at a bank or trust company.
(d) Term of security agreement. Any such performance bond or security agreement shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years; provided, however, that the term of such performance bond or security agreement may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the performance bond or security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security or that the required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Common Council, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.
(e) Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Common Council may thereupon declare the said performance bond or security agreement to be in default and collect the sum remaining payable thereunder, and upon the receipt of the proceeds thereof, the City shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.
(f) Extension of period specified in security agreement.
[1] The time period for the completion of all required improvements, as set forth in the security agreement and any renewals or replacements thereof, shall not be extended except upon approval of the Planning Board. Requests for an extension shall be addressed in writing to the Planning Board and shall set forth the following information:
[a] Detailed reasons for failure or inability to complete the work within the time specified in the security agreement.
[b] The amount of work which has been completed, as certified by the applicant's engineer.
[c] The maximum estimated time required to complete the remainder of the work.
[d] The terms of the security agreement.
[2] The Planning Board shall consider escalations in construction costs and may require the amount of security/bond to be increased to reflect the increased construction costs.
(g) Reduction in security. Upon approval of the Common Council and after due notice, the Planning Board may reduce the required amount of the performance bond or other security during its term if the Planning Board finds that sufficient improvements have been installed to warrant such a reduction. Requests for a reduction shall be made in writing to the Planning Board and shall itemize the amount of required improvements already completed and the amount of reduction requested. The Planning Board shall forward such application to the Common Council for its action.
(11) Filing of approved subdivision with county.
(a) Upon completion of the requirements of this section and 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 shall be filed by the applicant or owner, together with the Underground Utilities Map, and any related deed restrictions or covenants, in the office of the County Clerk of Columbia County, New York. The approval of any subdivision plat not so filed or recorded by reasons of the failure of the owner or applicant to act within 62 days of the date upon which such plat is approved as final shall lapse and shall require resubmission to the Planning Board for restamping or review as a preliminary or final plat as the Planning Board determines, given the duration of such failure, the reasons therefor, the performance of required improvements and the applicability of intervening laws, standards or requirements.
(b) No changes, erasures, modifications, or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and signed and certified on the plat, unless the said plat is resubmitted to the Planning Board and such Board approves any modifications. In the event that any such plat is recorded without complying with this requirement, the same shall be considered null and void, and the City shall institute proceedings to have the plat stricken from the records of the County Clerk.
(12) Public roads; recreation areas.
(a) The approval of the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of an acceptance by the City of any road, easement, or other open space shown on such plat.
(b) When a conservation easement, trail, 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 City 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 City covering future deed and title dedication and provision for the cost of grading, development, equipment, and maintenance of any such recreation area.
G. Waivers. Where the Planning Board finds that, because of the special circumstances of a particular subdivision or conservation development, extraordinary hardship may result from strict compliance with this chapter, the Planning Board shall have the authority to vary or modify the application of any of the requirements herein, in the interest of public health, safety and general welfare; provided, however, that any such waiver by the Planning Board shall be preceded by recommendations to, and concurrence by, the Common Council.
I. Court review. Any person aggrieved by a decision of the Planning Board made pursuant to this section may bring a proceeding to review such decision in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record of competent jurisdiction on the ground that such decision is illegal in whole or in part. Such proceeding must be commenced within 30 days after the filing of the decision in the office of the City Clerk.