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 duly authorized agent shall apply,
in writing, for approval of such proposed subdivision in accordance
with the following procedures.
A.
Submission of sketch plan and environmental assessment form (EAF).
Any owner of land shall, prior to subdividing or resubdividing land,
submit to the Clerk of the Planning Board at least 10 days prior to
the regular meeting of the Board two copies of a sketch plan of the
proposed subdivision, which shall comply with the requirements of
Appendix A,[1] Section 1, for the purposes of classification and preliminary discussion. Two copies of the EAF shall be submitted (see Subsection C to determine whether to submit the short or long EAF).
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Discussion of requirements and classification.
(1)
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.
(2)
Classification of the sketch plan 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 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 sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 114-5 and 114-9, of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 114-6, 114-7, 114-8, 114-9 and 114-10.
C.
State Environmental Quality Review (SEQR).
(1)
If the subdivision meets any Type I actions listed in 6 NYCRR Part 617.12, Part 1 of the long form must be completed and submitted. Lead agency for the SEQR process shall be determined according to the procedures outlined in 6 NYCRR 617.6. If the action is unlisted (not a Type I), then the applicant must complete and submit a short-form EAF (Appendix C[2]). For an unlisted action, the Planning Board has the option
of either determining a lead agency or of making a negative declaration
on its own.
[2]
Editor's Note: This form is on file in the Town offices.
(2)
A determination of either no significant environmental impact (negative
declaration) or a draft environmental impact statement (EIS) is required
by the designated lead agency before the subdivision may be approved,
using the criteria in 6 NYCRR 617.11. Any public hearing held pursuant
to this subdivision chapter may also be used to solicit comments on
the draft EIS under SEQR.
D.
Study of sketch plan. The Planning Board shall determine whether
the sketch plan meets the purposes of this chapter and shall, where
it deems it necessary, make specific recommendations, in writing,
to be incorporated by the applicant in the next submission to the
Planning Board.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan 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 sketch plan to the Planning Board for
reclassification. The plat shall conform to the layout shown on the
sketch plan, plus any recommendations made by the Planning Board.
Said application shall also conform to the requirements listed in
Appendix A,[1] Section 2A.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
All applications for plat approval for minor subdivisions shall be
accompanied by a fee of $25 plus $50 per lot.
B.
Number of copies. Five copies of the subdivision plat shall be presented
to the Clerk of the Planning Board at the time of submission of the
subdivision plat.
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 subdivision plat.
D.
When officially submitted. The time of submission of the subdivision
plat shall be considered to be the date on which the application for
plat approval, complete and accompanied by the required fee and all
data required by Appendix A,[2] Section 2, of this chapter has been filed with the Clerk
of the Planning Board.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
E.
Public hearing. A public hearing shall be held by the Planning Board
within 62 days from the time of submission of the subdivision plat
for approval. Said hearing shall be advertised in a newspaper of general
circulation in the Town at least five days before such hearing. The
hearing may be used to solicit comments on any draft EIS prepared
pursuant to SEQR.
[Amended 11-14-1994 by L.L. No. 2-1994]
F.
Action on subdivision plat.
(1)
The Planning Board shall, within 62 days from the date of the public
hearing, act to conditionally approve, conditionally approve with
modification, disapprove, or grant final approval and authorize the
signing of the subdivision plat. This time may be extended by mutual
consent of the subdivider and the Planning Board. Failure of the Planning
Board to act within such time shall constitute approval of the plat.
[Amended 11-14-1994 by L.L. No. 2-1994]
(2)
Upon granting conditional approval with or without modification to
the plat, the Planning Board shall empower a duly authorized officer
to sign the plat upon compliance with such conditions and requirements
as may be stated in its resolution of conditional approval. Within
five days of the resolution granting conditional approval, the plat
shall be certified by the Clerk of the Planning Board as conditionally
approved, a copy shall be filed in her office and a certified copy
mailed to the subdivider. The copy mailed to the subdivider shall
include a certified statement of such requirements which, when completed,
will authorize the signing of the conditionally approved plat. Upon
completion of such requirements, the plat shall be signed by the duly
designated officer of the Planning Board. Conditional approval of
a plat shall expire 180 days after the date of the resolution granting
such approval unless the requirements have been certified as completed
within that time. The Planning Board may, however, extend that time
within which a conditionally approved plat may be submitted for signature,
if in its opinion such extension is warranted in the circumstances,
for not to exceed two additional periods of 90 days each.
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major
subdivision plat, the subdivider shall file an application for the
approval of a preliminary plat of the proposed subdivision. Such preliminary
plat shall be clearly marked "preliminary plat" and shall be in the
form described in Appendix A,[1] Section 3, hereof.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
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 Appendix A,[2] Sections 3 and 4, of this chapter, except where a waiver
may be specifically authorized by the Planning Board.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(3)
The application for approval of the preliminary plat shall be accompanied
by a fee of $50, plus $5 per lot for each lot in the proposed subdivision.
B.
Number of copies. Five copies of the preliminary plat shall be presented
to the Clerk of the Planning Board at the time of submission of the
preliminary plat.
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 and compliance with SEQR. 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/Zoning Map, Chapter 134, Zoning, and SEQR regulations.
E.
When officially submitted. The time of submission of the preliminary
plat shall be considered to be the date on which the application for
approval of the preliminary plat, complete and accompanied by the
required fee and all data required by Appendix A[3] of this chapter has been filed with the Clerk of the Planning
Board.
[3]
Editor's Note: Appendix A is included at the end of this chapter.
F.
Approval of the preliminary plat.
(1)
Within 62 days after the receipt of such preliminary plat by the
Clerk of the Planning Board, the Planning Board shall hold a public
hearing, which hearing shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing. 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 preliminary plat. Within 62 days after the date
of such hearing, the Planning Board shall approve with or without
modification or disapprove such preliminary plat, and the ground of
a modification, if any, or the ground for disapproval shall be stated
upon the records of the Planning Board. The time in which the Planning
Board must take action on such plat may be extended by mutual consent
by the subdivider and the Planning Board. Upon approving a preliminary
plat, the Planning Board shall state, in writing, modifications, if
any, as it deems necessary for submission of the plat in final form.
Within five days of the approval of such preliminary plat, it shall
be certified by the Clerk of the Planning Board as granted preliminary
approval and a copy filed in her office, a certified copy mailed to
the owner and a copy forwarded to the Town Board. Failure of the Planning
Board to act within such sixty-two-day period shall constitute approval
of the preliminary plat.
[Amended 11-14-1994 by L.L. No. 2-1994]
(2)
When granting approval to a preliminary plat, the Planning Board
shall state the terms of such approval, if any, with respect to:
(a)
The modifications to the preliminary plat.
(b)
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.
(c)
The amount of improvement or the amount of all bonds or letter
of credit therefor which it will require as prerequisite to the approval
of the final plat.
(3)
Approval of a preliminary plat shall not constitute approval of the
final plat. The final plat will be submitted for approval of the Planning
Board and for recording upon fulfillment of the requirements of this
chapter. Prior to approval of the final 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 and fee. The subdivider shall, within six
months after the 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 blank available from the Clerk
of the Planning Board. All applications for plat approval for major
subdivisions shall be accompanied by a fee of $50. If the final plat
is not submitted within six months after the approval of the preliminary
plat, the Planning Board may refuse to approve the final plat and
require a 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 Clerk
of the Board with a copy of the application and three copies (one
copy on linen) of the plat, the original and one true copy of all
offers of cession, covenants and agreements and two prints of all
construction drawings.
C.
When officially submitted. The time of submission of the subdivision
plat shall be considered to be the date on which the application for
approval of the subdivision plat, complete and accompanied by the
required fee and all data required by Appendix A,[1] Section 4, of this chapter, has been filed with the Clerk
of the Planning Board.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
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 New York State 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 New York State Department of Health
shall be secured by the subdivider before official submission of subdivision
plat.
E.
Public hearing. Within 62 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 114-6 of this article and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modification, the Planning Board may waive the requirement of such public hearing. The hearing may be used to solicit comments on any draft EIS prepared pursuant to SEQR.
[Amended 11-14-1994 by L.L. No. 2-1994]
F.
Action on proposed subdivision plat.
(1)
The Planning Board shall, by resolution, conditionally approve, conditionally
approve with or without modification, disapprove, or grant final approval
and authorize the signing of such plat within 62 days of its receipt
by the Clerk of the Planning Board if no hearing is held, or in the
event that a hearing is held, within 62 days after the date of such
hearing. This time may be extended by mutual consent of the subdivider
and the Planning Board. Failure to take action on a final plat within
the time prescribed therefor shall be deemed approval of the plat.
[Amended 11-14-1994 by L.L. No. 2-1994]
(2)
Upon resolution of conditional approval of such 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 days of such resolution, the plat shall be certified by
the Clerk of the Planning Board as conditionally approved and a copy
filed in her office and a certified copy mailed to the subdivider.
The copy mailed to the subdivider shall include a certified statement
of such requirements which, when completed, will authorize the signing
of the conditionally approved final plat. Upon completion of such
requirements, the plat shall be signed by said duly authorized officer
of the Planning Board. Conditional approval of a final plat shall
expire 180 days after the date of the resolution granting such approval
unless the requirements have been certified as completed within that
time. The Planning Board may, however, extend the time within which
a conditionally approved plat may be submitted for signature, if,
in its opinion, such extension is warranted in the circumstances,
for not to exceed two additional periods of 90 days each.
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 the subdivider shall file with the
Town Clerk a performance bond or letter of credit to cover the full
cost of the required improvements. Any such bond or letter of credit
shall comply with the requirements of § 277 of the Town
Law, and, further, shall be satisfactory to the Town Board and Town
Attorney 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 or letter of credit 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, letter of credit
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 or letter of credit shall be satisfactory
to the Town Board and Town Attorney as to form, sufficiency, manner
of execution and surety.
(3)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2) above, then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond, letter of credit or certified check for all required improvements as specified in Subsection A(1) above, such bonds or letter of credit shall not be released until such a map is submitted.
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 that 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 section 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 or letter of credit, 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 or bank and take all necessary steps to preserve the Town's
rights under the bond or letter of credit. 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 §§ 114-7 and 114-8 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 duly designated officer of the Planning Board and shall be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 60 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.
[Amended 11-14-1994 by L.L. No. 2-1994]
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.
[Amended 11-14-1994 by L.L. No. 2-1994]
Whereas, pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of Chapter 134, Zoning, i.e., clustering and zero lot line, in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities, and to preserve the natural and scenic qualities of open lands, the following shall be the procedure:
A.
Standards.
(1)
The Town of Lenox Planning Board may make such modifications only
with respect to the lands within special development areas.
(2)
The minimum acreage to which this section may be applicable shall
be 10 acres, except that, where public services, sewer and/or water
are available, the Planning Board may determine the minimum size.
(3)
No subdivision shall be approved by the Planning Board pursuant to
this section which shall not reasonably safeguard the appropriate
use of adjoining land.
(4)
In the event that the utilization of this section results in a plat
showing lands available for park, recreation or other municipal purposes,
the Planning Board may impose such conditions on the ownership, use
and maintenance of such lands as it deems necessary to assure the
preservation of such lands for their intended purposes and may, further,
in the case of lands to be retained in open space, require that such
lands be restricted by deed restriction, restrictive covenant, conveyance
of a scenic easement or other appropriate means against any development
or land use inconsistent with their retention in open space.
(5)
The provisions of this section shall not be deemed to authorize a
change in the permissible use of such lands as provided in other Town
regulations or ordinances.
B.
Procedures.
(1)
Request by subdivider. A subdivider may request the use of § 278 of Town Law simultaneously with or subsequent to presentation of the sketch plan as per procedure described in Article III. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
(2)
Sketch plat. A subdivider shall present, along with a proposal in accordance with the provisions of § 278, a standard sketch plat which is consistent with all the criteria established by this chapter, including but not limited to streets being consistent with Chapter 110, Streets and Sidewalks, and lots being consistent with Chapter 134, Zoning.
(3)
Plat submission. Upon determination that such sketch plat is suitable
for the procedures under § 278 of Town Law and subsequent
to the resolution authorizing the Planning Board to proceed, a preliminary
plat meeting all the requirements of the resolution shall be presented
to the Planning Board, and thereafter the Planning Board shall proceed
with the required public hearings and all other requirements of this
chapter.
(4)
Filing; notation on Zoning Map. On the filing of a plat in the office
of the County Clerk in which § 278 has been used, the subdivider
shall file a copy with the Town Clerk, who shall make appropriate
notations and reference thereto in the Town Zoning Ordinance Map.[1] The Secretary of the Planning Board shall notify the Building
Inspector when such a plat is filed.
