[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A. All subdivisions
are required to be reviewed under the State Environmental Quality
Review Act (SEQRA). All actions will be deemed a Type I or unlisted
action under SEQRA. Depending on the determination of significance,
in which the lead agency must decide whether the action is likely
to have a significant adverse impact upon the environment, further
steps may be needed before the SEQR can be declared complete. A subdivision
application is considered complete and ready to go to the Planning
Board for preliminary review for a major subdivision, or final review
for a minor subdivision, when the SEQR is complete. From this point
in time, the sixty-two-day review process starts.
B. A public
hearing is required during the preliminary plat for major subdivision
and, during final plat during minor subdivision [Town Law § 276,
Subdivision 5(d)(i)]. Public hearings on the SEQR can be coordinated
with the public hearing on the subdivision application.
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A. Plats
subject to General Municipal Law (GML) § 239-n referral.
(1) The
following applications for approval of preliminary or final plats
and undeveloped plats shall be subject to the referral requirements
of this section, if the application applies to real property within
500 feet of the following:
(a) The boundary of any city, village, or town; or
(b) The boundary of any existing or proposed county or state park or
other recreation area; or
(c) The right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway; or
(d) The existing or proposed right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines; or
(e) The existing or proposed boundary of any county or state owned land
on which a public building or institution is situated; or
(f) The boundary of a farm operation located in an agricultural district,
as defined by Article 25-AA of the Agriculture and Markets Law.
B. The County
Planning Board has 30 days (GML § 239-n) to return to the
Town for local action stating no significant countywide or inter-community
impact, or to approve, modify, or disapprove the referred plat. If
agreed upon by all parties, this time limit may be extended mutually
by all parties.
C. If the
County Planning Board recommends modification or disapproval of a
referred plat, the referring body shall not act contrary to such recommendation
except by a vote of a majority plus one of all the members thereof.