The following procedures and requirements shall apply to minor subdivisions. Lot improvement subdivisions shall be processed in accord with § 186-17. All other subdivisions and resubdivisions, regardless of the total number of lots involved, shall be processed as major subdivisions according to the procedures and requirements specified in §§ 186-11 through 186-16 of this chapter.
A.
Application requirements. Any person proposing to create a minor subdivision shall submit along with the plans required in § 186-10B below, five copies of an application for minor subdivision approval. This application shall be on the form provided by the Planning Board and shall, at a minimum, specify and/or include:
(1)
The name, address and telephone number of the property owner of record
or his or her agent. If an agent shall be involved, authorization
from the owner(s) shall be provided.
(2)
The name or number of the road where the proposed subdivision is
to be located.
(3)
The name, address and telephone number of the surveyor or engineer
preparing the subdivision plans.
(4)
The type of water supply proposed.
(5)
The type of sewer system proposed.
(6)
The required fee or receipt for the same from the Planning Board
Secretary or Town Clerk.
B.
Plan requirements. The subdivider shall submit five copies of the
final plan including one original on Mylar and required supplementary
data for the proposed subdivision. This plan shall be prepared by
a licensed land surveyor and shall show all the lots proposed to be
created. The final plan shall be drawn by a licensed land surveyor
to the County Clerk's dimensional and other filing specifications
and shall meet the following requirements:
(1)
Name of subdivision.
(2)
Name, address and telephone number of owner of record.
(3)
Name, address, and telephone number of developer if different from
landowner.
(4)
Name, address, license number, seal and signature of the licensed
land surveyor responsible for the preparation of the subdivision plan
and certification as to the accuracy of the survey and plans, giving
date of survey and date drawing was completed. Such certification
shall also include conformity with state health regulations and all
regulations of the Town of Delaware with respect to sewage disposal.
(5)
Date, including the month, day and year, that the final plan for
the minor subdivision was completed and the month, day and year of
each plan revision, along with a description of the revision.
(6)
The section, block and lot number reference of the latest source(s)
of title to the land being subdivided.
(7)
North arrow (true or magnetic).
(8)
Graphic scale and written scale.
(9)
Lots numbered in consecutive order. The map shall depict the proposed
subdivision as a part of the contiguous holdings of the subdivider
and show adjacent lots already taken from the parcel.
(10)
A plan of the area proposed to be subdivided, including the
tract boundaries, street lines and names, lot lines, rights-of-way
or easements (existing and/or proposed, if any).
(11)
Sufficient data, acceptable to the Township, to determine readily
the location, bearing and length of every boundary, street or lot
line. All dimensions shall be shown in feet and hundredths of a foot.
All bearings shall be shown to the nearest one second of the arc.
(12)
The area of each lot or parcel shall be shown within each lot
or parcel.
(13)
Reference monuments and/or lot markers shall be shown on the
plan and shall be placed as required by this chapter.
(14)
Any existing buildings located on the tract being subdivided
shall be planted to demonstrate compliance with setback requirements.
(15)
Building setback lines. (Not required for lot improvements.)
(16)
The name and/or number and pavement width and right-of-way lines
of all existing public streets and the name, location and width of
all other roads within or abutting the property.
(17)
Names of adjoining property owners, including those across adjacent
roads, and the names of all adjoining subdivisions, including those
across adjacent roads.
(18)
Watercourses, lakes, streams and ponds with names. (Not required
for lot improvements.)
(19)
Wetlands. (Not required for lot improvements.)
(21)
Contour lines at an interval of not greater than 20 feet, as
superimposed from the latest USGS quadrangle or from a field survey.
A minimum of two contour lines are required to show direction and
amount of slope. (Not required for lot improvements or lots containing
existing sewage systems.)
(22)
Location of all flood hazard areas as shown on the most recent
FIA/FEMA mapping. (Not required for lot improvements.)
(23)
The location and extent of various soil types by Natural Resources
Conservation Service (NRCS) classification for each type, and locations
of soil test pits and wells. (Not required for lot improvements or
lots containing existing sewage systems.)
(24)
The location of any soil test pits and/or percolation tests.
The logs of the test pit evaluations and the results of the percolation
tests shall accompany the plan.
(25)
The proposed areas for location of wells and subsurface sewage
disposal fields when on-site disposal is proposed.
(26)
A key map for the purpose of locating the property being subdivided.
(27)
Approval/signature blocks for the Planning Board and New York
State Department of Health.
(28)
A title block on the lower right corner.
C.
Submission. The subdivider shall submit the application for minor
subdivision approval, along with the required copies of the plan and
supporting documentation to the Planning Board at a duly convened
meeting of the Town Planning Board.
D.
SEQRA. The applicant shall submit all necessary documents for compliance
with the State Environmental Quality Review Act.
E.
Agricultural data statement. The minor subdivision application shall
include an agricultural data statement as required by § 283-a
of the New York State Town Law in cases where the subdivision involves
property within an agricultural district containing a farming operation
or involves property with boundaries within 500 feet of a farm operation
located in an agricultural district. Agricultural districts are such
districts designated in accord with the New York State Agriculture
and Markets Law, Article 25-AA, Agricultural Districts Law, as amended.
If the proposed minor subdivision does not meet the criteria requiring
an agricultural data statement, the applicant shall provide a certification
to such effect. Agricultural data statements shall be submitted by
the applicant on the form provided by the Planning Board and shall
be processed in accord with § 283-a of the New York State
Town Law.
A.
Sketch plan. A sketch plan may be submitted at a duly convened meeting
of the Town Planning Board by an applicant for the purpose of classification
and preliminary discussion of the proposed subdivision. No action
will be taken by the Board with respect to a sketch plan and no discussions
concerning the same shall later be construed to have implied approval
of any sort.
B.
Preliminary plan. Six copies of an application and preliminary plan shall be required for all proposed major subdivisions. The preliminary plan shall include all the items identified in § 186-13 below and shall be submitted to the Planning Board Secretary or Town Clerk at least seven days prior to the meeting at which the plan will be formally presented. The Planning Board Secretary or Town Clerk, as the case may be, shall note receipt of the application and collect any fees due. This application shall be on the form provided by the Planning Board and shall, at a minimum, specify and/or include:
(1)
The name, address and telephone number of the property owner of record
or his or her agent. If an agent shall be involved, authorization
from the owner(s) shall be provided.
(2)
The name or number of the road where the proposed subdivision is
to be located.
(3)
The name, address and telephone number of the surveyor preparing
the subdivision plans.
(4)
The type of water supply proposed.
(5)
The type of sewer system proposed.
(6)
The section, block and lot number reference of the latest source(s)
of title to the land being subdivided.
(7)
The required fee or receipt for the same from the Planning Board
Secretary or Town Clerk.
C.
SEQRA. The applicant shall submit all necessary documents for compliance
with the State Environmental Quality Review Act.
D.
Agricultural data statement. The major subdivision application shall
include an agricultural data statement as required by § 283-a
of the New York State Town Law in cases where the subdivision involves
property within an agricultural district containing a farming operation
or involves property with boundaries within 500 feet of a farm operation
located in an agricultural district. Agricultural districts are such
districts designated in accord with the New York State Agriculture
and Markets Law, Article 25-AA, Agricultural Districts Law, as amended.
If the proposed minor subdivision does not meet the criteria requiring
an agricultural data statement, the applicant shall provide a certification
to such effect. Agricultural data statements shall be submitted by
the applicant on the form provided by the Planning Board and shall
be processed in accord with § 283-a of the New York State
Town Law.
E.
Procedure. Major subdivision applications shall be processed in accord with § 186-18 of this chapter.
F.
Improvements. After receiving approval of a preliminary plan (or when conditions are removed), the subdivider may, in accord with § 186-14, install or guarantee the installation of the improvements required by this chapter and commence the preparation of final plans.
G.
Final plans. Following the installation and inspection of improvements or preparation of satisfactory guarantees for their installation and maintenance, the subdivider may submit final plans to the Town, which shall be processed in accord with § 186-18 of this chapter.
H.
Approval of plan in sections. See § 186-18D(2) and H of this chapter.
A sketch plan should be at a scale sufficient to show the entire
tract on one sheet and should show or include the following:
A.
The location of that portion which is to be subdivided in relation
to the entire tract.
B.
All existing structures and wooded areas within the portion to be
subdivided.
C.
The name of the owner and of all adjoining property owners as disclosed
by the most recent deed or tax records.
D.
All streets or roads, streams, water, sewage and gas and power lines
within 500 feet of the subdivision.
E.
Boundaries of total tract and acreage contained within it.
F.
North point, scale and date.
G.
A location map with sufficient information to clearly show the location
of the property.
A.
The preliminary plan shall be clearly marked "preliminary plan" and
shall be clearly and legibly drawn by a licensed land surveyor to
the County Clerk's dimensional and other filing specifications.
B.
The plans and supporting documentation shall contain the following
information:
(1)
Proposed name of the subdivision. This name shall not duplicate in
spelling or pronunciation any recorded subdivision within the Town
of Delaware.
(2)
Name, address and telephone number of the owner of record.
(3)
Name, address and telephone number of developer if different from
landowner.
(4)
Name, address, license number, seal and signature of the licensed
land surveyor responsible for the preparation of the subdivision plan,
and the name, address, license number, seal and signature of the Professional
Engineer responsible for the preparation of supporting documents.
(5)
Date, including the month, day and year, that the preliminary plan
was completed and the month, day and year for each plan revision along
with a description of the revision.
(6)
Location by town, county and state.
(7)
A key map for the purpose of locating the property being subdivided
and showing the relation of the property, differentiated by tone or
pattern, to adjoining property and to all streets, roads, municipal
boundaries, zoning districts, and watercourses.
(8)
North point, date and graphic scale.
(9)
Boundaries of entire tract and its total acreage.
(10)
Names of present adjoining property owners and the names of
all adjoining subdivisions, if any, including property owners and/or
subdivisions across adjacent roads.
(11)
Proposed and existing street and lot layout on immediately adjacent
tracts, including names and right-of-way and pavement widths of all
streets and/or roads.
(12)
Existing man-made or natural features, including but not limited
to the following:
(a)
Watercourses, ponds and lakes, with name of each.
(b)
Buildings, structures, parks and public grounds, and certified
historic sites or structures within 500 feet of the proposed development.
(c)
Approximate location of tree masses.
(d)
Location and size of culverts with the direction of water flow.
(e)
New York State-designated wetlands.
(f)
Approximate locations of existing sanitary sewers, public water
mains, storm sewers, electric power and transmission lines, gaslines,
and all other items above or below ground, with direction of flow
and pressure.
(g)
All other significant man-made or natural features within the
proposed subdivision and 100 feet beyond the boundaries of the proposed
subdivision and/or development.
(13)
Location of flood zones as shown on the most recent FIA/FEMA
mapping.
(14)
Location and extent of various soil types by Natural Resources
Conservation Service (NRCS) classification.
(15)
In cases where on-site sewage disposal is proposed, the location
and results of soil test pits and percolation tests.
(16)
Location, width and purpose of any existing or proposed rights-of-way
or other easements.
(17)
Contour lines, at an interval of not more than five feet. Contour
lines at closer intervals may be required if more detail is deemed
necessary in cases of steep slopes or other site characteristics.
(18)
The full plan of the proposed subdivision and/or development,
including:
(a)
Location and widths of all streets, suggested types (major,
collector, minor) and all rights-of-way with a statement of any conditions
governing their use. The street proposals shall be accompanied by
a submission of plans as required by the Town road and street encroachment
ordinances or laws, including construction materials, profiles, cross
sections and preliminary designs for bridges and culverts.
(b)
Proposed street names which shall not duplicate existing names
in the Town of Delaware by spelling or pronunciation.
(c)
Building setback lines.
(d)
Lot and/or parcel sizes.
(e)
Lot numbers.
(f)
A statement of number of lots and/or parcels.
(g)
A statement of the intended use of all nonresidential lots and/or
parcels.
(h)
A statement of the total acreage in the proposed subdivision
and/or development.
(i)
County tax assessment property number.
(j)
All drainage easements marked as such.
(k)
Approximate final grades in areas of cut or fill.
(l)
All open space easements and parcels to be dedicated to the
public, or reserved for their use, or to be reserved by covenant for
residents, shall be shown and marked as such.
(m)
Any and all other significant information.
(19)
Approximate locations of existing sanitary sewers, public water
mains, storm sewers, electric power and transmission lines, gaslines,
and all other items above or below ground, with direction of flow
and pressure.
(20)
Proposed covenants and restrictions.
(21)
Evidence of water supply. In cases where no public water supply
is planned as part of the subdivision, the subdivider shall supply
acceptable evidence of the availability of other potable water source.
This evidence may be in the form of logs from test wells by the subdivider
or logs from existing wells established by professional well drillers.
(22)
A letter from each utility company as well as municipal water
and sewer providers servicing the area, indicating that the utility
company is aware of and will be able to provide service to the proposed
subdivision and stating the conditions under which service will be
provided.
(23)
Erosion and sedimentation plan prepared by a professional engineer
in cooperation with the Sullivan County Conservation District, if
required by the Planning Board.
(24)
Stormwater management plan prepared by a professional engineer
in cooperation with the Sullivan County Conservation District, if
required by the Planning Board.
(25)
Certification by a professional engineer as to the conformity
of the plans with the requirements of the New York State Department
of Health and the Town of Delaware pertaining to sewage disposal.
(26)
Zoning data, including all of the following, when applicable:
(27)
A title block on the lower right corner of the preliminary plans.
(28)
Any other information deemed necessary by the Planning Board.
A.
Methods to be followed. Following approval of the preliminary plan,
the subdivider, in a manner consistent with § 277 of the
New York State Town Law, shall provide for the installation of the
required improvements (those physical additions and changes which
may be necessary to provide usable and desirable lots). Prior to requesting
final plan approval the subdivider must:
B.
Performance bond or other security. This § 186-14B is intended to be consistent with § 277 of the New York State Town Law, and the Town hereby incorporates all authorities and requirements contained therein as part of this chapter.
(1)
Furnishing of security. As an alternative to the installation of
infrastructure and improvements as above provided, prior to requesting
final plan approval a performance bond or other security sufficient
to cover the full cost of same, as estimated by the Planning Board
or Town Engineer as may be designated by the Planning Board to make
such estimate, where such estimate is deemed acceptable by the Planning
Board, shall be furnished to the Town by the owner.
(2)
Plan sections. In the event that the owner shall be authorized to
file the approved plan in sections, as provided in § 276,
Subdivision 7(b) of the New York State Town Law, approval of the plan
may be granted upon the installation of the required improvements
or in the furnishing of security covering the costs of such improvements
in the section of the plan to be so approved. The owner shall not
be permitted to begin construction of buildings in any other section
until the required improvements have been installed in such section
or a security covering the cost of such improvements has been provided
and a plan relating to such section has been filed in the office of
the County Clerk.
(3)
Form of security. Any such security must be provided pursuant to
a written security agreement with the Town, approved by the Town Board
and also approved by the Town Attorney as to form and manner of execution
and the Town Engineer as to sufficiency, and shall be limited to:
(a)
A performance bond issued by a bonding or surety company authorized
to do business in this state;
(b)
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;
(c)
An irrevocable letter of credit from a bank located and authorized
to do business in this state;
(d)
Obligations of the United States of America; or
(e)
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 Town, such security shall be held in
a Town account at a bank or trust company.
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(4)
Term of security. 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 contemplated to an extent to warrant
reduction in the amount of said security, and upon approval by the
Town Board, 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 reduced amount will
cover the full cost of the amended list of improvements required by
the Planning Board.
(5)
Default of security agreement. In the event that any required improvements
have not been installed as provided in this chapter within the term
of such security agreement, the Town Board may thereupon declare the
said performance bond to be in default and collect the sum remaining
payable thereunder; and upon the receipt of the proceeds thereof,
the Town shall install such improvements as are covered by such security
as are commensurate with the extent of building development that has
taken place in the subdivision but not exceeding in cost the amount
of such proceeds.
(6)
Return of security. When the improvements have been completed and
approved for conformity with this chapter by the Town Engineer or
other qualified individual designated by the Town, the security shall
be released and returned. When any of the required improvements have
been completed and approved or materials for the same have been secured
on site, a portion of the security commensurate with the cost of these
improvements may be released and returned.
C.
Fees to cover inspection and related costs. Prior to the certification of any improvements or release of any guarantee, the subdivider shall pay all inspection and related costs (for professional services, meetings, advertisements and expenses) associated with the improvements or guarantees. These costs will be assessed as a special fee apart from the regular fees provided for in § 186-16 of this chapter. Said payment shall be made to the Town.
D.
Improvements construction. This § 186-14D shall apply to all construction of improvements, whether the improvements are completed prior to final plan approval or security is provided.
(1)
Schedule. The subdivider shall, prior to the initiation of construction
of any required improvements, submit to the Town a schedule of construction
for all required improvements.
(2)
Inspections. Based upon the construction schedule and the nature
of the required improvements, the Town Engineer shall prepare a Town
inspection schedule to assure the construction of the required improvements
in accord with the approved plan and Town standards. In addition to
all final inspections required for all improvements, inspections shall
be required at all phases of construction when a failure to inspect
would result in a physical impossibility to verify compliance at the
time of the final inspection (e.g., backfilling of sewer or waterline
trenches). This may require a full-time inspector and may include,
but not be limited to, such tests as pressure testing of conveyance
lines or vacuum testing.
(3)
Notice. The subdivider shall provide a minimum of five working days'
notice to Town Engineer, or other inspector designated by the Town
Board, prior to the time when construction will have proceeded to
the time of an inspection required by the Town inspection schedule.
(4)
Cost. The cost of all inspections conducted by the Town shall be
borne by the subdivider.
E.
Ownership and maintenance of improvements and common area. The developer
shall provide for the approval of the Town Board, prior to final plan
approval, evidence of the provision for the succession of ownership
and responsibility for maintenance of development improvements and/or
common areas.
(1)
Private operation and maintenance.
(a)
Homeowners' association. In the case of subdivisions, cluster
developments, multifamily housing projects and other developments
involving the transfer of property, the developer shall provide, by
deed covenants and restrictions and with a reference to same on the
plan, for the creation of a homeowners' association to assume the
ultimate ownership of all development improvements and common areas
and responsibility for maintenance of such improvements and common
areas which are not dedicated to the Town. Membership in the homeowners'
association shall be mandatory for all property owners in the development.
(b)
Maintenance of improvements. In the case where roads, drainage
facilities, a central sewage treatment system or central water supply,
or any other improvements are to remain private, the developer shall
provide for the establishment of an escrow fund to guarantee the operation
and maintenance of the improvements. Said fund shall be established
on a permanent basis with administrative provisions approved by the
Town Board and shall be in an amount of not less than 15% of the cost
of improvements' construction, as required by the Town.
(c)
Failure to operate and maintain improvements. If any private
improvements are not operated or maintained adequately to assure the
function of said improvements consistent with Town requirements and/or
the needs of the users of said improvements, the Town Board shall
have the right to perform said operation and maintenance to meet the
intent of this chapter and otherwise protect the public health, safety
and welfare. The Town Board shall use any and/or all legal authority
and remedies in law available to accomplish same and shall assess
the legal, construction, and other costs for same to the person(s)
responsible for or benefitting from said proper operation and maintenance.
Such actions may include, but are not limited to, injunctive relief
or the formation of special districts to assess costs.
(2)
Dedication to Town.
(a)
Road law. The offer of dedication to the Town and the acceptance
by the Town of any roads or associated drainage facilities shall be
governed by the Town Road Law, as amended. In the case where roads
are being constructed and offered for dedication as part of a subdivision
regulated by this chapter, the Town Road Law shall be applied concurrently
with respect to procedures.[1]
(b)
Maintenance bond. Where improvements are being dedicated to
the Town, the subdivider shall comply with the applicable requirements
of any other Town ordinances, laws and regulations governing dedication
of improvements and submit a maintenance bond or other approved security
to guarantee maintenance and repair of those improvements for 18 months
from the date of dedication. The maintenance bond shall generally
be a maximum of 15% of the costs of improvements, subject to approval
of the Town Board, and may be waived or altered on the advice of the
Town Engineer.
The final plan shall be drawn on Mylar. The plan shall be prepared
on one or more sheets of a uniform size and scale. Final plan attachments
and exhibits shall be numbered and labeled in accord with the requirements
of this section. The final plan shall include, in addition to the
information required for the preliminary plan submission, the following:
A.
Exact locations, widths and names of all streets within the subdivision.
B.
Complete curve data for all curves included in the plan.
C.
Exact descriptions of all easements being provided for services or
utilities in the subdivision and any limitations placed on the use
of such easements.
D.
Accurate dimensions of any lots or areas to be reserved or dedicated
for common use by residents of the subdivision or for general public
use, with the purpose indicated thereon.
E.
Building setback lines, shown graphically with dimensions.
F.
A final version of all covenants and restrictions, if any, the developer
intends to place in the deeds to the lots in the subdivision. If no
such restrictions or covenants are to be imposed, a statement to that
effect shall be included.
G.
The total tract boundary lines of the area being subdivided, with
accurate distances to hundredths of a foot and bearings to one minute.
These boundaries shall be determined by accurate survey in the field.
The location and elevation of all boundary line (perimeter) monuments
shall be indicated, along with a statement of the total area of the
property being subdivided. In addition, the licensed professional
surveyor shall certify to the accuracy of the survey, the drawn plan
and the placement of the monuments.
H.
The final plan shall contain a certificate signed by the project
engineer indicating that all improvements have either been installed
and approved by the proper officials or agencies or that a guarantee
in an amount satisfactory to the Town Engineer and sufficient to ensure
their installation has been submitted to the Town.
I.
Complete final construction plans and profiles of installed or proposed
public sanitary sewage disposal systems and storm drains, with grades
and pipe sizes.
J.
Complete final construction plans of installed or proposed public
water distribution systems showing pipe sizes and locations of valves
and fire hydrants, if any.
K.
Evidence of actual arrangements made with utility companies or agencies
for supplying each lot in the subdivision.
L.
Approval blocks for signature of the Town Planning Board Chairman
or other authorized member and the New York State Department of Health
shall appear on the first sheet of all sets of plans, including the
Mylar originals.
M.
A statement that the erosion and sedimentation plan and the stormwater
management plan, if required by the Planning Board, have been prepared
and, where appropriate, approved by the Town Engineer.
At the time an application for subdivision approval is filed,
a fee shall be paid to the Town by the subdivider; such fee to be
determined from a schedule of fees as adopted by the Town Board from
time to time by resolution and on advice of the Planning Board. Such
fees shall include any professional costs incurred by the Town in
reviewing the application, although these particular fees will, of
necessity, be collected at a later date prior to final approval.
A.
Exemption. Lot improvements (Defined as the realignment of lot lines, provided the resulting lots are not made more nonconforming; or the transfer of land to increase the size of an existing lot, provided any lot proposed for a reduction in size complies with all provisions of this chapter and Chapter 220, Zoning, and no new lots are created; or the combination or reallotment of small lots into a larger lot or lots.) shall be exempt from the plan processing provisions of this chapter, provided that:
B.
Recording approval. After the Planning Board shall have determined that the conditions for a lot improvement exemption have been met, the Chairman or other duly authorized member shall sign the plans with the following notation: "Approval is granted for recording purposes only in accord with § 186-17 of the Town of Delaware Subdivision Law."
C.
Plan requirements; fees. Plans submitted as lot improvements shall
meet the plan requirements for minor subdivisions and shall be subject
to the fees established by the Town Board.
A.
Coordination with SEQRA. The Planning Board shall comply with the
provisions SEQRA under Article 8 of the New York State Environmental
Conservation Law and its implementing regulations.
B.
Action on preliminary plans.
(1)
Receipt of a complete preliminary plan. A preliminary plan 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 accord with the provisions of SEQRA. The
time periods for review of a preliminary plan shall begin upon filing
of such negative declaration or such notice of completion.
(2)
Planning Board as lead agency under SEQRA; public hearing; notice;
decision.
(a)
Public hearing on preliminary plans. The time within which the
Planning Board shall hold a public hearing on a preliminary plan shall
be coordinated with any hearings the Planning Board may schedule pursuant
to SEQRA, as follows:
[1]
If the Planning Board determines that the preparation of an
environmental impact statement on the preliminary plan is not required,
the public hearing on such plan shall be held within 62 days after
the receipt of a complete preliminary plan by the Secretary of the
Planning Board; or
[2]
If the Planning 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 plan
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 accord with the provisions
of SEQRA. If no public hearing is held on the draft environmental
impact statement, the public hearing on the preliminary plan shall
be held within 62 days of filing the notice of completion.
[3]
Notice to adjacent property owners. Notices of subdivision hearings
shall be provided by the applicant to all adjacent property owners
within a five-hundred-foot radius as identified in the latest tax
assessment records of the Town of Delaware, including those for properties
on the opposite side of any public or private road. Such notice shall
be received by adjacent property owners via certified mail at least
seven calendar days in advance of such hearing. The Planning Board
shall be authorized to waive this requirement in the case of minor
subdivision applications or where it is determined by the Board that
adjoiners have otherwise been afforded reasonable notice of such hearing
as evidenced by their appearance at or knowledge of such hearing.
No hearing shall be delayed where the Board determines the applicant
has made reasonable attempts to notify all interested parties as provided
herein.
[Added 4-19-2006 by L.L.
No. 2-2006]
(b)
Public hearing; notice; length. The hearing on the preliminary
plan shall be advertised at least once in a newspaper of general circulation
in the Town 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 preliminary plan.
The hearing on the preliminary plan shall be closed upon motion of
the Planning Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall approve with or without modification
or disapprove such preliminary plan as follows:
[1]
If the Planning Board determines that the preparation of an
environmental impact statement on the preliminary plan is not required,
the Board shall make its decision within 62 days after the close of
the public hearing; 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 45 days following the close of such public hearing in
accord with the provisions of SEQRA. 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 preliminary plan. 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 plan.
(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. When so approving a preliminary plan, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plan in final form.
(3)
Planning Board not as lead agency under the State Environmental Quality
Review Act; public hearing; decision.
(a)
Public hearing on preliminary plans. The Planning Board shall,
with the agreement of the lead agency, hold the public hearing on
the preliminary plan jointly with the lead agency's hearing on
the draft environmental impact statement. Failing such agreement,
the Planning Board shall hold the public hearing on the preliminary
plan within 62 days after the receipt of a complete preliminary plan
by the Secretary of the Planning Board.
(b)
Public hearing; notice; length. The hearing on the preliminary
plan shall be advertised at least once in a newspaper of general circulation
in the Town 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 preliminary
plan. The hearing on the preliminary plan 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 approve with
or without modification or disapprove the preliminary plan within
62 days after the close of the public hearing on such preliminary
plan.
(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. When so approving a preliminary plan, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plan in final form.
(4)
Certification and filing of preliminary plan. Within five business
days of the adoption of the resolution granting approval of such preliminary
plan, such plan shall be certified by the Secretary of the Planning
Board as having been granted preliminary approval, and a copy of the
plan and resolution shall be filed in such Secretary's office.
A copy of the resolution shall be mailed to the owner.
(5)
Filing of decision on preliminary plan. Within five business days
from the date of the adoption of the resolution approving the preliminary
plan, the Chairman or other duly authorized member of the Planning
Board shall cause a copy of such resolution to be filed in the office
of the Town Clerk.
(6)
Revocation of approval of preliminary plan. Within six months of
the approval of the preliminary plan, the owner must submit the plan
in final form. If the final plan is not submitted within six months,
approval of the preliminary plan may be revoked by the Planning Board.
C.
Action on final plans.
(1)
Submission of final plans. Final plans shall conform to the definition
provided by this chapter. Final plans may require further review under
SEQRA.
(2)
Final plans which are in substantial agreement with approved preliminary
plans. When a final plan is submitted which the Planning Board deems
to be in substantial agreement with a preliminary plan approved pursuant
to this chapter, the Planning Board shall by resolution conditionally
approve with or without modification, disapprove, or grant final approval
and authorize the signing of such plan within 62 days of its receipt
by the Secretary of the Planning Board.
(3)
Final plans when no preliminary plan is required to be submitted;
receipt of complete final plan. When no preliminary plan is required
to be submitted (i.e., minor subdivision plans), a final plan shall
not be considered complete until a negative declaration had been filed
or until a notice of completion of the draft environmental impact
statement has been filed in accord with the provisions of SEQRA. The
time periods for review of such plan shall begin upon filing of such
negative declaration or such notice of completion.
(4)
Final plans not in substantial agreement with approved preliminary
plans or when no preliminary plan is required or submitted. When a
final plan is submitted which the Planning Board deems not to be in
substantial agreement with a preliminary plan approved pursuant to
this chapter, or when no preliminary plan is required to be submitted
(i.e., minor subdivision plans), and a final plan clearly marked "final
plan" is submitted conforming to the definition provided by this chapter,
the following shall apply:
(a)
Planning Board as lead agency; public hearing; notice; decision.
[1]
Public hearing on final plans. The time within which the Planning
Board shall hold a public hearing on such final plan shall be coordinated
with any hearings the Planning Board may schedule pursuant to SEQRA,
as follows:
[a]
Environmental impact statement not required. If
the Planning Board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plan
not in substantial agreement with a preliminary plan, or on a final
plan when no preliminary plan is required to be submitted, shall be
held within 62 days after the receipt of a complete final plan by
the Secretary of the Planning Board; or
[b]
Environmental impact statement required. If the
Planning 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 plan 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 accord with the provisions of SEQRA. If no public hearing is held
on the draft environmental impact statement, the public hearing on
the final plan shall be held within 62 days following filing of the
notice of completion.
[2]
Public hearing; notice; length. The hearing on the final plan
shall be advertised at least once in a newspaper of general circulation
in the Town 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 final plan. The
hearing on the final plan shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall make its decision on the
final plan as follows:
[a]
Environmental impact statement not required. If
the Planning Board determines that the preparation of an environmental
impact statement on the final plan 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
plan within 62 days after the date of the public hearing; or
[b]
Environmental impact statement required. 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 45 days following the close of such public hearing in
accord with the provisions of SEQRA. 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 plan. 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
plan.
[4]
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.
(b)
Planning Board not as lead agency; public hearing; notice; decision.
[1]
Public hearing. The Planning Board shall, with the agreement
of the lead agency, hold the public hearing on the final plan jointly
with the lead agency's hearing on the draft environmental impact
statement. Failing such agreement, the Planning Board shall hold the
public hearing on the final plan within 62 days after the receipt
of a complete final plan by the Secretary of the Planning Board.
[2]
Public hearing; notice; length. The hearing on the final plan
shall be advertised at least once in a newspaper of general circulation
in the Town 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 a matter as
it deems most appropriate for full public consideration of such final
plan. The hearing on the final plan shall be closed after 120 days
after it has been opened.
[3]
Decision. The Planning Board shall by resolution conditionally
approve with or without modification, disapprove or grant final approval
and authorize the signing of such plan within 62 days after the close
of the public hearing on such final plan. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
D.
Approval and certification of final plans.
(1)
Certification of plan. Within five business days of the adoption
of the resolution granting conditional or final approval of the final
plan, such plan shall be certified by the Secretary of the Planning
Board as having been granted conditional or final approval, and a
copy of such resolution and plan shall be filed in such Secretary's
office. A copy of the resolution shall be mailed to the owner. In
the case of a conditionally approved plan, such resolution shall include
a statement of the requirements which when completed will authorize
the signing thereof. Upon completion of such requirements, the plan
shall be signed by a duly authorized officer of the Planning Board,
and a copy of such signed plan shall be filed with the Town Clerk.
(2)
Approval of plans in sections. In granting conditional or final approval
of a plan in final form, the Planning Board may permit the plan 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 plan be completed before said sections may be signed by the
duly authorized officer of the Planning Board. Conditional or final
approval of the sections of a final plan may be granted concurrently
with conditional or final approval of the entire plan, subject to
any requirements imposed by the Planning Board.
(3)
Duration of conditional approval of final plan. Conditional approval
of the final plan shall expire within 180 days after the resolution
granting such approval, unless all requirements stated in such resolution
have been certified as complete. The Planning Board may extend for
periods of 90 days each the time in which a conditionally approved
plan must be submitted for signature if, in the Planning Board's
opinion, such extension is warranted by the particular circumstances.[1]
E.
Default approval of preliminary or final plan. The time periods prescribed
herein within which the Planning Board must take action on a preliminary
plan or a final plan are specifically intended to provide the Planning
Board and the public adequate time for review and to minimize delays
in the processing of subdivision applications. Such periods may be
extended only by mutual consent of the owner and the Planning Board.
In the event the Planning Board fails to take action on a preliminary
plan or a final plan within the time prescribed therefor, or within
such extended period as may have been established by the mutual consent
of the owner and the Planning Board, such preliminary or final plan
shall be deemed granted approval. The certificate of the Town Clerk
as to the date of submission of the preliminary or final plan and
the failure of the Planning Board to take action within the prescribed
time shall be issued on demand and shall be sufficient in lieu of
written endorsement or other evidence of approval herein required.
F.
Filing of decision on final plan. Within five business days from
the date of the adoption of the resolution approving the final plan,
the Chairman or other duly authorized member of the Planning Board
shall cause a copy of such resolution to be filed in the office of
the Town Clerk.
G.
Notice to county planning agency. The Secretary of the Planning Board
shall refer all applicable preliminary and final plans to the county
planning agency as provided in § 239-n of the General Municipal
Law.
H.
Expiration of final approval. The signature of the duly authorized
officer of the Planning Board constituting final approval by the Planning
Board of a plan as herein provided; or the approval by the Board of
the development of a plan or plans already filed in the office of
the County Clerk if such plans are entirely or partially undeveloped;
or the certificate of the Town Clerk as to the date of the submission
of the final plan and the failure of the Planning Board to take action
within the time herein provided shall expire within 62 days from the
date of such approval or from the date such certificate is issued,
unless within the sixty-two-day period such plan or a section thereof
shall have been duly filed or recorded by the owner in the office
of the County Clerk. In the event the owner shall file only a section
of such approved plan in the office of the County Clerk, the entire
approved plan shall be filed within 30 days of the filing of such
section with the Town Clerk in each town in which any portion of the
land described in the plan is situated. Such section shall encompass
at least 10% of the total number of lots contained in the approved
plan, and the approval of the remaining sections of the approved plan
shall expire unless said sections are filed before the expiration
of the exemption period to which such plan is entitled under the provisions
of § 265-a, Subdivision 2, of the New York State Town Law.
I.
Subdivision abandonment. The owner of an approved subdivision may
abandon such subdivision pursuant to the provisions of § 560
of the New York State Real Property Tax Law.
J.
Application filing deadline. The Planning Board shall, for purposes
of agenda preparation and project evaluation, be authorized although
not required to reject any application not filed with the Building
Inspector at least eight calendar days prior to the meeting at which
action is requested. The Planning Board may, from time to time and
by resolution, adjust this time period to meet its needs, provided
that such period shall not be more than 20 calendar days.
[Added 4-19-2006 by L.L.
No. 2-2006]
