The following procedures and requirements shall apply to minor subdivisions only. (See Article II, Definitions.) 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 herein.
A.
Sketch plan required. Submission of a sketch plan showing existing site features and a tentative layout of the subdivision shall be required as part of the plat approval process for all minor subdivisions. The Planning Board and applicant shall use the sketch plan for discussion purposes that may focus on but are not limited to understanding the complete submission requirements; arranging a site visit; establishing whether a subdivision is located in an agricultural district or other area of significance; and improving the overall design of the subdivision. A sketch plan shall be considered filed at the first regular meeting of the Planning Board following the Secretary's receipt of the plan, and all determinations with respect to the plan shall be made within 20 days of said meeting.
B.
Application. Any person proposing to create a minor subdivision shall submit, along with plans required below, five copies of an application for minor subdivision approval. This application may be in letter form and shall specify and/or be accompanied by:
(1)
The name, address and telephone number of the property owner of record and those of the subdivider, if different.
(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 (municipal or individual).
(5)
The type of sewer system proposed (municipal or individual).
(6)
The required fee or receipt for the same from the Planning Board Secretary.
(7)
A completed environmental assessment form as required by SEQRA.
C.
Final plat. The subdivider shall submit five copies of a final plat and required supplementary data for the proposed subdivision. This plat shall be prepared by a professional engineer or surveyor and shall show all the lots proposed to be created. The final plat shall meet the following requirements:
(1)
The subdivision plat shall, ordinarily, be not less than 8 1/2 inches by 11 inches nor more than 24 inches by 36 inches in size.
(2)
The names of all abutting property owners and the size of any remaining acreages in the tract from which lots are being taken shall be shown.
(3)
The plat shall show the name of the municipality, name of the owner of record, North point, graphic scale, and date.
(4)
Soil types found on the site shall be shown unless the lots involved are lot improvements or contain existing sewage systems. Natural Resources Conservation Service classifications shall be used.
(5)
Existing public roads shall be identified by traffic route numbers and private roads by their posted names and numbers.
(6)
Proposed lot or parcel lines shall be drawn to scale and dimensions given in feet and hundredths of a foot. Lot areas shall be shown in acres or square feet. The plat shall depict the proposed subdivision as a part of the contiguous holdings of the subdivider, and show adjacent lots already taken from the parcel.
D.
Road access permit. A completed application to the Tusten Highway Superintendent, the State Department of Transportation or County Department of Public Works, as the case may be, for a road access permit shall also be required.
E.
SEQRA review. The subdivider shall provide Part 1 of the SEQRA full- or short-form environmental assessment form, as applicable. A determination of significance shall be made by the Planning Board in accordance with 6 NYCRR Part 617.
F.
Public hearing and notice to adjacent property owners.
(1)
The Planning Board shall, within 62 days of the receipt of a complete application for a final plat by the Planning Board Secretary, hold a public hearing, advertising such hearing at least once in a newspaper of general circulation in the Town at least five days prior to the hearing and providing such other notice as it deems appropriate. The hearing should generally be closed on motion of the Planning Board within 120 days after it is opened.
(2)
The applicant shall mail notice of the public hearing by certified mail to the owner of each property (as shown on the latest tax roll) that lies within a five-hundred-foot radius of the property proposed for subdivision. Adjacent properties with only a portion lying within the five-hundred-foot radius shall be mailed notice. The notice of public hearing shall be mailed at least 10 days prior to the public hearing date and include the address, section, lot, and block number of the property(ies) to be subdivided, the number of lots proposed; and the time, date, and location of the public hearing. The applicant shall bear the costs and responsibilities of mailing and shall provide receipts for each of the individual mailings prior to the public hearing.
G.
Action on final plat.
(1)
If a draft environmental impact statement (DEIS) has not been required, the Planning Board shall, within 62 days after the close of the public hearing required on such plat, approve, with or without modifications, or disapprove the plat. This time may be extended upon mutual consent of the applicant and the Planning Board.
(2)
If a DEIS has been required, the final environmental impact statement (FEIS) shall be filed within 45 days following the close of the public hearing in accordance with the provisions of SEQRA. Within 30 days of the filing of such final EIS with the Planning Board, the Planning Board shall issue findings on the final EIS and make its decision on the plat. This time may be extended upon mutual consent of the applicant and the Planning Board.
H.
Certification, filing and signing of final plat. Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the Secretary as having been granted conditional or final approval and a copy of such resolution and plat shall be filed in such Secretary's office and with the Town Clerk and shall be mailed to the subdivider. In the case of a conditionally approved plat, such resolution shall include the requirements which, when completed, will authorize the signing thereof. Upon completion of such requirements, the plat shall be signed by a duly authorized officer of the Planning Board and filed with the Secretary.
I.
Time limits on conditional approvals. A conditional approval of a final plat shall expire within 180 days unless all conditions are satisfied and certified as completed. This period may be extended for additional periods of 90 days where particular circumstances so warrant in the judgment of the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
J.
Approvals by default. In the event the Planning Board fails to take action on a complete application for a plat within the time periods prescribed herein or within such extended periods as may have been established by mutual consent of the subdivider and Planning Board, the subscriber shall be entitled to an approval by default pursuant to the Town Law.
K.
Recording of final plats. All final plats shall be filed in the office of the County Clerk within 62 days of approval, subject to the provisions of § 276 of the Town Law.
L.
County planning agency review. Applications for preliminary or final plat approval shall be subject to referral to the county planning agency pursuant to § 239-n of the General Municipal Law, if located within 500 feet of:
(1)
The Town boundaries; or
(2)
The boundaries of any existing or proposed county or state park or other recreation area; or
(3)
The right-of-way of any county or state highway; or
(4)
The right-of-way of any existing or proposed stream or drainage channel owned by the county or for which the county has established channel lines; or
(5)
The boundary of any existing or proposed county or state land on which a public building or institution is situated; or
(6)
The boundary of a farm operation in an agricultural district.
M.
Referral to adjacent municipality. Pursuant to § 239-nn of the General Municipal Law, notice of a public hearing shall be provided to the clerk of the adjacent municipality for subdivision applications involving property within 500 feet of an adjacent municipality at least 10 days prior to said hearing.