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 applicant or his duly authorized agent shall apply
for and secure approval of such proposed subdivision in accordance
with the following procedures.
A.
Before preparing a sketch plan, the applicant should meet with the
Planning Board or its assistant to discuss the procedure for approval
of a subdivision and the requirements as they may pertain, including
general layout of lots, new roads, reservation of lands, road improvements,
drainage, sewer, fire protection and other similar matters.
B.
The applicant will also be advised of the necessary forms for sketch
plan review and of the requirements for compliance with New York State
Environmental Quality Review Act procedures.
A.
Submission of sketch plan.
(1)
Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board or its assistant at least 10 days prior to the regular meeting of the Board three copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article VI, § 180-44, for the purposes of classification and preliminary review and discussion. An application for sketch plan review must also be completed and submitted at this time.
(2)
The applicant, or his duly authorized agent, shall attend the meeting
of the Planning Board to discuss the requirements of these regulations
for road improvements, sewerage, water supply, fire protection, flood
protection and similar aspects, as well as the availability of existing
services and other pertinent information.
B.
Classification of sketch plan.
(1)
At this time, the Planning Board shall classify the sketch plan as
a simple division, a minor or major subdivision as defined in these
regulations.
(2)
When the Planning Board classifies the sketch plan as a simple division,
it shall notify the applicant of the classification, who may then
proceed with his/her division without the necessity for public hearing
or Planning Board approval.
(4)
If it is classified as a major subdivision, the applicant shall then comply with the procedures outlined in Article III, §§ 180-20, 180-21, 180-22 and 180-23 and Article IV. The Board may require, when it deems necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions.
C.
State Environmental Quality Review Act (SEQR) requirements. The Planning
Board shall also determine the applicability of SEQR. An Environmental
Assessment Form (EAF), to be completed by the applicant, is required
if the proposed subdivision is classified as Type I or Unlisted according
to the SEQR Act. A completed EAF will assist the Planning Board in
determining the environmental significance of the project. The process
for determining of lead agency shall begin.
D.
Sketch plan review and recommendations.
(1)
The Planning Board, in studying the sketch plan, shall take into
consideration the requirements of these regulations and the best use
of the land being subdivided. Particular attention will be given to
the arrangement, location and width of roads, their relationship to
the topography of the land, sewage disposal, drainage, lot sizes and
arrangements, the further development of adjoining land, as yet unsubdivided,
and the goals and objectives of the Town Comprehensive Plan as it
may exist.
(2)
The Planning Board shall review the location of the proposed subdivision
for the presence of any adverse natural considerations limiting development
on the site as indicated by the development limitations maps on file
in the Town office. If the site falls into areas on the soils map
denoted as having "severe" or "very severe" limitations within flood
hazard areas, or areas of steep slope, or areas of unique hydrologic
or natural habitat areas (including wetlands), the Planning Board
may require the applicant to consult with appropriate technical review
or assistance agencies (such as, but not limited to, the Natural Resources
Conservation Service, Department of Environmental Conservation, Army
Corps of Engineers, and State Health Department) to determine appropriate
measures to mitigate or eliminate any problems or conflicts. The findings
or recommendations of such agencies shall not be binding on the Planning
Board or applicant. The Planning Board may require that design techniques,
such as clustering, be used to avoid development in these critical
areas and shall not approve a preliminary or final plat which has
failed to adequately address these critical resource concerns (soils,
flood hazards, steep slopes, hydrologic and natural habitat resources).
The Planning Board may transmit copies of the sketch plan to other
interested officials or agencies of government for review and comment
as may be necessary. Written comments, if any, from these officials
and agencies shall be required within 30 days of their receipt of
the sketch plan. After reviewing the sketch plan and reports, as may
be submitted, the Planning Board shall determine whether the sketch
plan meets the purposes of these regulations and shall, where it deems
necessary, make specific recommendations in writing to be incorporated
by the applicant into the next submission to the Planning Board. Such
recommendations shall be made within 62 days from the time the sketch
plan was initially reviewed by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Application and fee.
(1)
Within six months after Planning Board classification of the sketch
plan as a minor subdivision, the applicant shall submit an application
in duplicate for approval of a minor subdivision plat. Failure to
do so may require resubmission of the sketch to the Planning Board
for reclassification.
(2)
The plat shall conform to the layout shown on the sketch plan, plus any recommendations or conditions established by the Planning Board, and to the requirements listed in Article VI, § 180-45, of these regulations. All applications shall be accompanied by a fee established by the Planning Board and on file in the Town Clerk's office.
(3)
Three copies of the minor subdivision plat shall be presented to
the Secretary of the Planning Board at least 14 days prior to a regularly
scheduled meeting of the Planning Board. The applicant, or his duly
authorized representative, shall attend the meeting of the Planning
Board to discuss the minor subdivision plat.
(4)
An Environmental Assessment Form (EAF) completed by the applicant
for the proposed subdivision shall, if required, be available for
review at this meeting of the Planning Board. The statement should
consider potential impacts of the development as anticipated by the
developer.
(5)
The time of submission of the minor subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 14 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article VI, § 180-45, of these regulations, has been submitted to the Planning Board Secretary or Assistant.
B.
Referrals. When applicable, the Planning Board Secretary or Assistant,
upon receipt of a minor subdivision plat, shall present a copy of
said plat to the Delaware County Planning Board for its review and
report in accordance with the provisions of § 239-n of Article
12-B of General Municipal Law.
C.
Public hearing. A public hearing shall be held by the Planning Board
within 62 days from the time of submission of the minor subdivision
plat for approval. The hearing must be advertised at least once in
a newspaper of general circulation in the Town at least five days
prior to the hearing. The applicant must notify, by certified mail,
any farm operations within 500 feet of the property line if in an
agricultural district. The applicant shall notify, by certified mail,
at least five days in advance, the owners of property abutting the
proposed subdivision and directly across any adjoining road and shall
furnish the Planning Board with post office receipts as proof of notification.
The Planning Board may notify other persons as it deems necessary.
D.
Action on minor subdivision plat.
(1)
Prior to action on a minor subdivision plat, the Planning Board or other designated lead agency shall make a determination of environmental significance based upon the completed Environmental Assessment Form, § 180-43 of these regulations, and criteria as set forth in Part 617.7 of the SEQR Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The Planning Board shall, within 62 days from the date of said public
hearing, act to conditionally approve with or without modifications,
disapprove, or grant final approval and authorize the signing of the
minor subdivision plat. Failure to act within the stated time period,
or a mutually agreed upon extension thereof, shall constitute approval
of the plat.
(3)
The Planning Board resolution granting conditional approval, with
or without modification of the plat, shall also empower a duly authorized
officer to sign the plat, upon compliance with such conditions and
requirements as may be stated in its resolution of conditional approval.
Within five days of the resolution granting conditional approval,
the plat shall be certified by the Planning Board as conditionally
approved. A copy of such certification shall be filed in the office
of the Town Clerk and a certified copy mailed to the applicant. The
copy mailed to the applicant shall include a certified statement of
such requirements which, when completed, will authorize the signing
of the conditionally approved plat.
(4)
Conditional approval of a plat shall expire 180 days after the date
of the resolution granting such approval. Within such 180-day period,
or any extension thereof granted by the Planning Board, the conditionally
approved minor plat must be submitted for the Planning Board signature
of final approval.
(6)
In the event of disapproval of a minor subdivision plat, the Planning
Board shall fully set forth the reasons for such disapproval in its
resolution and formally notify the applicant, in writing, within 10
days, of the reason(s) for disapproval.
A.
Application and fee.
(1)
Within six months after Planning Board classification of the sketch plan as a major subdivision, the applicant shall file an application for approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in accordance with Article VI, § 180-46, of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(2)
Four copies of the preliminary plat shall be presented to the Secretary
of the Planning Board at least 14 days prior to a regular meeting
of the Planning Board. The application for approval of the preliminary
plat shall be accompanied by a fee set by the Planning Board and on
file in the Town Clerk's office.
(3)
The time of submission of the preliminary plat shall be considered to be the date of the regular meeting of the Planning Board, at least 14 days prior to which the application for approval of the preliminary plat, complete and accompanied by all data required by Article VI, § 180-46, of these regulations, has been submitted to the Planning Board Secretary or assistant.
(4)
An EAF, completed by the applicant, for the proposed subdivision
shall be available for review at the meeting of the Planning Board.
The statement should consider potential impacts of the development
as anticipated by the developer.
B.
Referrals. When applicable, the Planning Board shall, upon initial
review, refer the preliminary plat to the Delaware County Planning
Board for its review and recommendation as required by § 239-n
of Article 12-B of the General Municipal Law. In addition, the Planning
Board shall refer the preliminary plat to other county or state agencies
which have or may have jurisdiction of review or approval of the subdivision.
C.
Study of preliminary plat.
(1)
The applicant or his duly authorized representative shall attend
the meeting of the Planning Board to discuss the preliminary plat.
(2)
The Planning Board shall study the practicality of the preliminary
plat, taking into consideration the requirements of the community
and the best use of the land being subdivided. Particular attention
shall be given to the arrangement, location, width and design of roads
and their relation to the topography, water supply, sewage disposal,
surface drainage, lot sizes and arrangement, potential flood hazards,
the future development of adjoining lands as yet unsubdivided, and
the recommendations and requirements of the Master Plan, the Official
Map, and zoning regulations, if such exist.[1]
(3)
The Planning Board may schedule a field trip to the proposed subdivision
site accompanied by the applicant or his agent. In order to facilitate
field inspection and review of the site, temporary staking along the
center line of all proposed roads at fifty-foot intervals on curves
and at 100-foot intervals on tangents and proposed front lot corners
is required.
(4)
A determination of no significant environmental impact (negative
declaration) or a draft EIS is required by the designated lead agency
before the subdivision may be approved. All other agencies who have
authority to review the subdivision shall be notified of this determination.
D.
Public hearing. Within 62 days after the time of submission of a
preliminary plat, the Planning Board shall hold a public hearing on
said plat. The hearing shall be advertised in a newspaper of general
circulation in the Town at least five days before such hearing. This
public hearing shall also be used to solicit comments on an EAF or
draft EIS under SEQR, as required. The applicant must notify, by certified
mail, any farm operations within 500 feet of the property line if
in an agricultural district. The applicant shall notify, by certified
mail, all property owners within 500 feet of the outside perimeter
of the proposed subdivision, as shown on the most recent Tax Maps
available, at least five days prior to the public hearing and shall
furnish the Planning Board with post office receipts as proof of notification.
The Planning Board may notify other persons or agencies as it deems
necessary.
E.
Action on preliminary plat.
(1)
Prior to action on a preliminary plat, the Planning Board or other designated lead agency shall make a determination of environmental significance based upon the completed EAF, § 180-43 of these regulations, and criteria as set forth in Part 617.7 of the SEQR Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Within 62 days from the date of such public hearing, the Planning
Board shall take action to approve, with or without modifications,
or disapprove such preliminary plat, and the grounds for any modification
required or the grounds for disapproval shall be stated upon the records
of the Planning Board. The time in which the Planning Board must take
action on such preliminary plat may be extended by mutual consent
of the applicant and the Planning Board. Failure of the Planning Board
to act within such sixty-two-day period, if no extension has been
made, shall constitute approval of the plat.
(3)
When so approving or disapproving of a preliminary plat, the Planning
Board shall notify the applicant of the modification it deems necessary
for submission of the plat in final form.
F.
Approval of preliminary plat.
(1)
When granting approval to a preliminary plat, the Planning Board
shall state the conditions of such approval, if any, with respect
to:
(a)
The specific changes which will be required on the final subdivision
plat;
(b)
The character and extent of the required improvements for which
waivers may have been requested and which, in the Planning Board's
opinion, may be waived without jeopardy to the public health, safety,
and general welfare;
(c)
The amount of the improvement or the amount of all bonds thereof
which will be required as a prerequisite to the approval of the subdivision
plat.
(2)
Within five days of conditional preliminary plat approval, the action
of the Planning Board, plus any conditions attached thereto, shall
be noted on, or attached to, three copies of the preliminary plat.
One copy shall be returned to the applicant, one retained by the Planning
Board, and one forwarded to the Town Clerk.
(3)
Approval of a preliminary plat shall not constitute approval of the
subdivision plat. Rather, it shall be deemed an expression of approval
of the design submitted on the preliminary plat, as a guide to the
preparation of the final subdivision plat, which will be submitted
for approval of the Planning Board and for recording with the County
Clerk. Prior to approval of the final subdivision plat, the Planning
Board may require additional changes as a result of further study
or new information obtained.
G.
Model homes. For the purpose of allowing the early construction of
model homes in a subdivision, the Planning Board, in its discretion,
may permit a portion of a major subdivision, involving no more than
three lots, to be created in accordance with the procedures for minor
subdivisions, provided said portion derives access from an existing
state, county or Town highway, and provided no future road or other
improvement is anticipated where said lots are proposed. The subdivision
plat for the minor portion shall be submitted to the Planning Board
simultaneously with the preliminary plat for the entire major subdivision.
After preliminary approval, the model may be constructed, subject
to such additional requirements that the Planning Board may require.
A.
Application and fee.
(1)
The applicant shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form. The application and accompanying data shall conform to the requirements of Article VI, § 180-47, of these regulations. If the final plat is not submitted within the said six months, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
(2)
The applicant shall provide the Planning Board Secretary or assistant
with two copies of the application, three copies of the final plat,
the original and one copy of all offers of cession, covenants and
agreements, and two prints of all construction drawings, at least
14 days in advance of the regular Planning Board meeting at which
the plat is to be officially submitted. The application for approval
of the final plat shall be accompanied by a fee set by the Planning
Board and on file in the Town Clerk's office.
(3)
The time of submission of the final plat shall be considered to be the date of the regular meeting of the Planning Board, at least 14 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article VI, § 180-47, of these regulations, has been filed with the Planning Board Secretary or assistant.
(4)
Evidence shall be supplied that any proposed water supply and sewage
disposal facilities associated with the subdivision plat requiring
approval by the Department of Environmental Conservation and/or the
New York Department of Health shall have received at least preliminary
approval(s) of such facilities.
B.
Public hearing. If substantial changes are made to the plat after
the first public hearing is held, the Planning Board may hold a second
hearing. Such hearing shall be held within 62 days after the time
of submission of the final plat for approval and shall be advertised
in the same manner as the previous public hearing for preliminary
plat approval. Adjacent property owners shall also be notified by
the applicant as specified in preliminary plat approval.
C.
Action on final plat.
(1)
The Planning Board shall, within 62 days from the date of submission
of the final subdivision plat, if no hearing is required (or within
62 days of second public hearing if required), approve, conditionally
approve with or without modifications, or disapprove said plat and
so indicate on the plat. This time period may be extended by mutual
consent of the applicant and the Planning Board. Failure to act within
the stated time period, or a mutually agreed-upon extension thereof,
shall constitute approval of the plat.
(2)
A resolution of conditional approval shall also duly authorize and empower an officer of the Planning Board to sign the plat for recording with the County Clerk. However, the final plat shall not be signed until the applicant has complied with the conditions set forth by the Planning Board and has complied with Article IV of these regulations. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval, except that this time may be extended for additional periods of 90 days each by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
If a Draft Environmental Impact Statement was required, the Planning
Board's action on the final plat shall include either a negative
declaration or the final EIS and a statement of findings on the subdivision
as required under § 8-0109, Subsection 8, of the SEQR Act
of 1975, as amended.
(4)
Within five days of the Planning Board resolution of conditional
approval, the final subdivision plat shall be certified by the Planning
Board as conditionally approved. A copy of such certification shall
be filed in the office of the Town Clerk and a copy mailed to the
applicant.
Prior to granting conditional or final approval of a plat, the
Planning Board may permit the plat to be divided into two or more
sections and may impose such conditions upon the delineation and filing
of the sections as it may deem necessary to assure the orderly development
of the plat. Approval of the sections of a final plat, subject to
any conditions imposed by the Planning Board, shall be granted concurrently
with the approval of the plat. The Planning Board may deny approval
of any section of a plat if a prior section has not first been satisfactorily
completed.
A.
The Chairman or other duly authorized officer of the Planning Board
shall endorse the Board's final approval on the plat only after
it is satisfied that all required conditions, modifications, and improvements
have been met and/or completed in accordance with the Planning Board's
resolution of approval of the plat and construction plans, or alternatively
that a bond of the required amount and surety has been filed and that
all other required conditions of the resolution of approval, including
the payment of all fees and the approval of the New York State Department
of Health, have been complied with. The Planning Board endorsement
shall be by signature and date in ink on the original of the plat
(which shall be returned to the applicant for filing) and on a print
of the plat which shall be retained by the Planning Board in its files.
B.
The approved plat shall be filed with the Delaware County Clerk within
62 days of the date of the Planning Board endorsement. Any subdivision
plat not so filed, or recorded within 62 days of the date which such
plat is approved, or considered approved by reasons of the failure
of the Planning Board to act shall become null and void.
C.
No changes, erasures, modifications, or revisions shall be made on
any subdivision 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 subdivision plat is
recorded 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.
A.
Acceptance by Town. Acceptance of any offer of cession of roads or
parks shall rest with the Town Board. The approval by the Planning
Board of a subdivision plat shall not be deemed to constitute nor
imply the acceptance by the Town of any road, utility, recreation
area, easement, park or other open space shown on such subdivision
plat. The Planning Board shall require the addition of appropriate
notes to this effect on the plat.
B.
Maintenance. There shall be submitted with the final application
copies of agreements or other documents providing for and fixing responsibility
for suitable maintenance of such facilities and statements of all
rights which exist with respect to the use of such property(ies).
The adequacy of such documents shall be subject to Planning Board
approval.
