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Town of Lowville, NY
Lewis County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
All application and fees for minor subdivision approval shall be submitted by the subdivider to the Planning Board at least 12 days prior to the meeting at which it is to be considered. The application shall contain all items as required in Article IV of this chapter. The subdivider shall also bear the cost of mailing any agricultural data statements, if required.
The Planning Board shall consider the application for completeness and shall classify the subdivision as minor or major, make a State Environmental Quality Review declaration of environmental significance pursuant to 6 NYCRR Part 617 and determine if the agricultural data statement, if required, be submitted to adjacent landowners and other planning agencies.
The Planning Board shall establish an official submission date for the application. Such date shall be the date that all of the following have occurred:
A. 
The application has been accepted as complete, including all information required in Article IV of this chapter.
B. 
A draft environmental impact statement has been prepared, where necessary.
Where the application shows lots which are not in compliance with the Zoning Law, the Planning Board may, at its discretion, refer the application to the Zoning Board of Appeals for the consideration of an area variance review prior to the commencement of the Planning Board review.
Following the review of the application and supplementary material submitted in conformance with this chapter and following negotiations with the subdivider on changes deemed advisable, the Planning Board shall hold a public hearing. This hearing shall be held within 62 days of the official submission date of the application, as established in § 240-14 above. The subdivider shall attend the hearing. This hearing may also fulfill the requirements of the State Environmental Quality Review Act[1] for the draft environmental impact statement, where such hearing may be required. The hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before the hearing.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
The Planning Board shall by resolution grant final approval by the signature of the Planning Board Chairman on the plat, conditionally approve, with or without modifications (see § 240-18 below) or disapprove the application. Such action shall be taken within 62 days of the public hearing. The time in which the Planning Board must take action may be extended by mutual consent of the subdivider and the Planning Board. The subdivider shall be notified of the final action of the Planning Board. If disapproved, the grounds for disapproval shall be stated in the record of the Planning Board, including reference to the provisions violated by the application.
A. 
The application shall be certified by the Planning Board within five days of conditional approval. A copy shall be filed with the Planning Board and a copy provided to the subdivider along with a statement of the requirements that shall accompany the application which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of an application shall expire 180 days after the date of the resolution granting conditional approval. The Planning Board may extend the time within which a conditionally approved plat may be submitted for signature if, in its opinion, such extension is warranted by the circumstances, for additional periods of 90 days each.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Upon Planning Board acceptance of the completion of the conditional approval requirements as stated in the conditional approval resolution, the Planning Board Chairman shall sign the plat, granting final approval.
A. 
The subdivider shall file the plat, or section thereof, in the office of the County Clerk within 62 days after the date of final approval; otherwise the plat shall be considered void and must again be submitted along with complete application and appropriate fees to the Planning Board for approval before filing in the office of the County Clerk.
B. 
When filing a plat which has been approved pursuant to the provisions of Article VI of this chapter, a copy of the plat shall be filed with the Town Clerk who shall make appropriate notations and references thereto in the Town Zoning Law or Map.
If at any time it is demonstrated that unforeseen conditions make it necessary to modify the location or design of improvements required by the Planning Board, the Planning Board Chairman may authorize such modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not substantially alter the function of any such improvement required by the Board. Any such authorization issued under this section shall be in writing and shall be reported to the Planning Board at the next regular meeting.