Town of Kingston, NY Article II Application Procedure

§ 350-4 General Procedure.

Whenever any subdivision of land is proposed to be made, and before any contracts 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 erection of a structure in such proposed subdivision shall be granted, the subdivider or his authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedure:

A. Preapplication meeting with Planning Board.

B. Sketch plan showing general concept.

C. Preliminary plat showing proposal in detail.

D. Review by non-Town agencies.

E. Public hearing on preliminary plat.

F. Planning Board action on preliminary plat.

G. Final plat submission and review.

H. Public hearing on final plat, if required by Planning Board.

I. Planning Board action by resolution.

J. Completion of improvements or posting of bond, certified checks, or suitable alternative surety.

K. Planning Board signs plat.

L. Plat is filed in County Clerk's office.

§ 350-5 Preapplication conferences.

Before preparing a detailed proposal, the subdivider should make an appointment to appear at a regular meeting of the Planning Board to familiarize himself with the requirements of these and other regulations and other information that may be pertinent to the subdivision. The subdivider should also discuss the proposal with the County Health Department, which is responsible for the adequacy of lot sizes and facilities for water supply and sewage disposal. Under certain conditions, the subdivider may also need the approval of Town, state or county highway agencies, the State Department of Environmental Conservation, the Ulster County Planning Board, and others; therefore, the proposed subdivision should be discussed in advance with these agencies.

§ 350-6 Sketch plan.

A. Procedure. Prior to filing a preliminary plat, the subdivider or authorizing agent shall submit a sketch plan showing a basic proposed layout and other information required in Article IV of this chapter. At least five copies of this sketch plan shall be delivered to the Town Secretary or other authorized official of the Planning Board at least 10 days before the next scheduled Board meeting. After submission of the sketch plan, the Planning Board may schedule a field trip to the site to be accompanied by the subdivider. To facilitate the inspection of the site, the subdivider shall have the approximate center line of any proposed streets marked by temporary stakes. After review of the sketch plan and field inspection, but within 62 days of the official date of submission of the sketch plan, the Planning Board will tentatively approve the sketch plan or recommend modifications in writing.

§ 350-7 Preliminary plat.

A. Procedure. A preliminary plat shall then be prepared and submitted showing in detail how the subdivision is to be designed, the details of construction, any proposed covenants and other items required in Article IV. A public hearing shall be held within 45 days after the receipt of the preliminary plat by the Clerk of the Planning Board. Such 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 shall act in writing within 62 days of the hearing to approve with or without modifications or disapprove the preliminary plat. This period may be extended by mutual consent of the owner and the Planning Board. Failure of the Planning Board to act within 62 days shall constitute approval.

B. Other agency review. Where review is required by other agencies, such as the Ulster County Health Department, tentative written recommendations of these agencies shall be filed by the subdivider with the Planning Board.

C. Review by Planning Board. The Planning Board shall review the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. The Planning Board shall review the preliminary plat taking into consideration all relevant statutes and local laws.

D. Applicant to attend Planning Board Meeting. The subdivider shall be prepared to attend a regular meeting of the Planning Board to discuss the preliminary plat and the Planning Board's tentative conclusions.

E. Approval. Approval by the Planning Board with or without modification shall be noted on five copies of the preliminary plat referenced and attached to any statement of conditions. Four shall be returned to the applicant and one shall be retained by the Planning Board. The grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. Within five business days of the approval of the preliminary plat, it shall be certified by the Clerk of the Planning Board as granted preliminary approval and a copy filed in the Secretary of Planning Board's office and a certified copy given to the owner or owners.

§ 350-8 Final plat.

A. Procedure. Not later than six months after the date of approval of the preliminary plat, the subdivider shall file the plat in final form with the Planning Board, accompanied by required fees and information required in Article IV. If the final plat and accompanying materials are not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board. Within 62 days of the submission of a plat in final form for approval by the Planning Board, a hearing shall be held by the Planning Board, which 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 a Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 350-7 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 for such public hearing.

B. Conditional approval. In the event the requirements of § 350-9 of this chapter or other conditions set forth by the Planning Board are not complete at the time of submission of the final plat, the Planning Board may conditionally approve the final plat. Upon completion of such requirements, the plat shall be signed by the duly authorized officer of the Planning Board as specified in § 350-10. Conditional approval of a final plat shall expire six months after the date of the resolution granting conditional approval unless such requirements have been certified as completed. The Planning Board may extend this time up to two additional ninety-day periods.

C. Planning Board action. The Planning Board shall, by resolution, conditionally approve, conditionally approve with or without modification, disapprove, or grant formal approval and authorize the signing of such plat, within 62 days of its receipt by the Clerk of the Planning Board if no such hearing is held, or, in the event such hearing is held, within 62 days after the date of such hearing. Notwithstanding the foregoing provisions of this subdivision, the time in which the Planning Board must take action on such plat may be extended by mutual consent of the owner and the Planning Board. In the event a Planning Board fails to take action on a final plat within the time prescribed therefor, the plat shall be deemed approved, and a certificate of the Clerk of the Town as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.

D. Division of subdivision plat into two or more sections. Prior to granting conditional or final approval of a plat in final form, the Town Planning Board may permit the plat to be subdivided into two or more sections and may in its resolution granting conditional or final approval state that such requirements as it deems necessary to insure the orderly development of the plat be completed before such sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat, subject to any conditions imposed by the Board, shall be granted concurrently with conditional or final approval of the plat. Any section shall encompass at least 10% of the total number of lots shown on the plat.

§ 350-9 Required improvements and procedure.

A. Improvements or performance bond. Before the Planning Board Chairperson or other authorized person may sign the final plat, the subdivider shall either post a bond or certified check, bank passbook or other surety satisfactory to the Town Board, in an amount sufficient to construct required improvements, or shall complete the required improvements to the satisfaction of the Town Engineer or other authorized person.

(1) Posting of bond, certified check or other surety. The subdivider shall file with the Town Clerk a bond or certified check, bank passbook or other surety to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 277 of the Town Law and shall be satisfactory to the Town Board 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, but not to exceed three years, shall be set forth in the bond within which required improvements must be completed.

(2) No posting of bond or other surety. When no bond, certified check, bank passbook or other surety satisfactory to the Town Board is posted, the subdivider shall complete all required improvements to the satisfaction of the Town Engineer or other authorized person, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Planning Board.

(3) As-built drawings required. The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer or other authorized person and a map satisfactory to the Planning Board has been submitted indicating the actual location of all required improvements and monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), 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, certified check or other surety satisfactory to the Town Board for all required improvements, as specified in Subsection A(1), such surety shall not be released until such 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 or other authorized person that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer or other authorized person 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 or other authorized person 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; fees. At least five days prior to commencing construction of required improvements, the subdivider shall pay to the Town Clerk an inspection fee of 1.5% of the required improvements 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 or other authorized person shall find, upon inspection of the improvements performed before the expiration date of the performance bond, 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 and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the Town's rights under the bond. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.

§ 350-10 Filing of approved final plat.

A. Signing and filing. Upon completion of the requirements of §§ 350-8 and 350-9, the final plat shall be signed by the Chairperson of the Planning Board, or Secretary of the Planning Board in the Chairperson's absence, and may be filed by the subdivider in the office of the County Clerk. Any plat not so filed within 62 days of the date upon which such plat is approved shall become null and void.

B. Plat void if revised after approval. No changes, erasures, modifications, or revisions shall be made in any final 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 final plat is filed 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.

§ 350-11 Status of streets, parks, and easements.

A. Offers of cession. In accordance with § 279 of the Town Law, the subdivider may add a notation on the final plat that no offer of streets, parks, or easements shown on the plat is made to the public. Failure to make such notation will constitute a continuing offer of cession to the Town, which may be accepted by the Town Board at any time prior to revocation of said offer by the owner of the land or his agent. Formal offers of cession to the public of all streets, parks, and easements, not marked with such notation on the plat, shall be filed with the Planning Board prior to approval of the plat.

B. Acceptance by Town. Acceptance of any such offer of cession shall rest with the Town Board. In the event the applicant shall elect not to file the subdivision plat in the office of the County Clerk, such offer of cession shall be deemed to be void. The approval by the Planning Board of a final plat shall not be deemed to constitute or imply the acceptance by the Town Board of any street, park, easement, or open space shown on said plat. The Planning Board may require said plat to be endorsed with an appropriate note to this effect.

C. Maintenance of roads and other facilities. In those cases where no offer of cession to the public is made for the roads, parks and required easements shown on the plat, there shall be submitted with the plat copies of agreements or other documents providing for and fixing responsibility for their suitable maintenance and statements of all rights which exist with respect to the use of such property or properties. Such documents shall be reviewed by the Town Attorney for legal adequacy and competency.