Upon receipt of an application for subdivision review consisting of all the materials listed in §
186-25, the Planning Board shall make a determination regarding the type of subdivision. The Planning Board, in making such a determination, shall assess the application against the following considerations:
A. The proposed number of lots, blocks or sites in the subdivision.
B. The proposed method of access, existing road or proposed road.
C. The environmental condition of the subdivision site, including the
presence or absence of deep slopes, wetlands, shoreline, rare or significant
vegetation, fish and wildlife considerations, soil types, streams,
scenic values and other features.
D. The proposed method of provision of water services to the subdivision.
E. The likelihood of adverse impacts upon the environment and/or public
health, safety and welfare.
F. The proposed method for sewage disposal.
G. Proposed uses of the subdivision.
H. The historical and/or archaeological significance of the site.
I. Other considerations of interest to the Planning Board.
[Amended 5-10-2017 by L.L. No. 1-2017]
A. When a proposed subdivision has been tentatively designated a simple minor subdivision by the Subdivision Inspector after assessment against the standards and considerations contained in §
186-8, the Subdivision Inspector shall provide written notification of the tentative designation as a simple minor subdivision to all adjacent landowners, who shall have 15 days from the date of such notification to make comments, seek additional information, or make objections.
B. In the event objections are received from any adjacent landowner
to the designation of the subdivision as a simple minor subdivision,
the Planning Board shall, at its next regular meeting, review said
objections and make a final determination as to whether the proposed
subdivision can be classified as a simple minor subdivision or should
undergo review as a subdivision under the provisions of these regulations.
C. Upon expiration of the fifteen-day notification period without objection
from an adjoining landowner, or following review by the Planning Board
and determination that the subdivision qualifies as a simple minor
subdivision, the Subdivision Inspector shall provide the applicant
with two duly signed copies of the approved plat and similar copies
will be filed in the office of the Clerk of the Town of Clayton and
the records of the Planning Board.
D. Upon receipt of an application of a boundary line adjustment, the Subdivision Inspector, upon being satisfied that the boundary line adjustment does not create a nonconforming lot or resulting in any other violation of Chapter
235, Zoning, may certify the application as a boundary line adjustment and provide the applicant with two signed copies of the approved plat.
As required by these regulations and § 278 of the Town Law, any review of a cluster development must include a public hearing. Cluster developments must be designated as either a minor or major subdivision and, as such, shall be reviewed using the general requirements for clustering set forth in §
186-41 of Article
VI as well as those that pertain to minor or major subdivisions.