Town of Marcellus, NY Procedures to Obtain Subdivision Approval

A completed application;

Twelve copies of the preliminary plat meeting the requirements of § 205-48;

An EAF or EIS (if infrastructure improvements or public improvements are involved, the applicant shall submit a long form EAF or an EIS);

The appropriate fees set by the Town Board and on file in the Town Clerk's Office; and

(5)

A Stormwater Pollution Prevention Plan (SWPPP) consistent with the requirements of Articles I and II of Chapter 193, Stormwater Management and Erosion and Sediment Control, of the Town Code. The SWPPP shall meet the performance and design criteria and standards set forth in Article II of Chapter 193.

When an application is complete:

An application for preliminary plat approval shall not be considered complete until:

The requirements of Subsection A have been satisfied;

The Planning Board receives the Post Office receipts required by Subsection D; and

(c)

Either:

A negative declaration has been filed by the lead agency with the Planning Board Clerk; or

A notice of completion of the draft Environmental Impact Statement has been filed by the lead agency with the Planning Board Clerk in accordance with the provisions of SEQRA.

The time periods for review of a preliminary plat shall begin from the date the application is determined by the Planning Board to be complete.

Attendance at meeting. The applicant shall attend the Planning Board meeting to discuss the preliminary plat. The Planning Board shall study the practicality of the preliminary plat, taking into consideration the provisions of this chapter, including but not limited to the zoning district(s) of the land being subdivided, the requirements of the community, and the future development of adjoining lands as yet unsubdivided. SEQRA shall be complied with.

Notice by applicant to owners of nearby property. The applicant shall notify, by certified mail, return receipt requested, all owners of property located both: (a) within 500 feet of the outside perimeter of the proposed subdivision; and (b) directly across any existing street from the property to be subdivided, at least 10, but no more than 30, business days prior to the public hearing. The notice shall set forth the date, time, place and purpose(s) of the public hearing. The notices shall be mailed to the mailing address on the most recent tax roll for the property owners to be notified. At least three days prior to the public hearing, the applicant shall furnish the Planning Board with post office receipts of the mailings.

Other agencies. If applicable, the plat shall be referred to SOCPA in accordance with § 239-n of the General Municipal Law (see Subsection H below) and adjacent municipalities shall be notified in accordance with General Municipal Law § 239-nn.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Procedures when the Planning Board is the lead agency: public hearing; notice and the decision of the Planning Board. The following procedures shall apply when the Planning Board is the lead agency:

Public hearing on preliminary plats. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board, as lead agency, may schedule pursuant to SEQRA, as follows:

When an EIS is not required. If the Planning Board determines that the preparation of an EIS on the preliminary plat is not required, the public hearing on the preliminary plat shall be held within 62 days after:

The receipt by the Planning Board Clerk of a complete application under Subsection C above; and

If the application is subject to the mandatory review of SOCPA under § 239-n of the New York General Municipal Law, either:

[a]

Receipt by the Planning Board of the recommendation of SOCPA; or

[b]

More than 30 days have elapsed from SOCPA's receipt of the referral from the Planning Board without the Planning Board receiving such a recommendation from SOCPA.

When an EIS is required.

If the Planning Board determines that an EIS is required, and a public hearing on the draft EIS is held, the public hearing on the preliminary plat and the draft EIS shall be held jointly within 62 days after.

[a]

The filing of the notice of completion of such draft EIS;

[b]

The Planning Board's receipt of a complete application under Subsection C; and

[c]

If the application is subject to the mandatory review of the SOCPA under § 239-n of the New York General Municipal Law, either:

[i]

Receipt by the Planning Board of the recommendation of SOCPA; or

[ii]

More than 30 days have elapsed from SOCPA's receipt of the referral from the Planning Board without the Planning Board receiving such a recommendation from SOCPA.

If no public hearing is held on the draft EIS, the public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion and the other requirements set forth at Subsection F(1)(b)[1][b] and [c] above have been satisfied.

Public hearings; notice by Planning Board, length of hearing. The hearing on the preliminary plat shall be advertised by the Planning Board at least once in a newspaper of general circulation in the Town at least five business days before such hearing if no hearing is held on the draft EIS or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems appropriate. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

Decision. The Planning Board shall approve, with or without modification or conditions, or disapprove such preliminary plat as follows:

When an EIS is not required. If the Planning Board determines that the preparation of an EIS on the preliminary plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing; or

When an EIS is required. If the Planning Board determines that an EIS is required, and a public hearing is held on the draft EIS, the final EIS shall be filed within 62 days following the close of such public hearing. If no public hearing is held on the draft EIS, the final EIS shall be filed within 62 days following the close of the public hearing on the preliminary plat. Within 30 days of the filing of such final EIS, the Planning Board shall:

Issue findings on the final EIS, which shall include either:

[a]

A negative declaration; or

[b]

The final EIS and a statement of findings on the preliminary plat as required under § 8-0109(8) of SEQRA;[1] and

Editor's Note: See Environmental Conservation Law § 8-0109, Subdivision 8.

Make its decision on the preliminary plat.

Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications or conditions it deems necessary for submission of the preliminary plat in final form.

Procedures when the Planning Board is not the lead agency. When the Planning Board is not lead agency under SEQRA, the public hearing, notice and decision procedures will comply with § 276(5)(e) of the Town Law of the State of New York.

Certification and filing of preliminary plat and resolution. Within five business days of the adoption of the resolution granting approval of such preliminary plat such plat shall be certified by the Planning Board Clerk as having been granted preliminary approval and a copy of the preliminary plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the subdivider and the applicant (if different).

Filing of decision on preliminary plat with Town Clerk. Within five business days after the date of the adoption of the resolution stating the decision of the Planning Board on the preliminary plat, the Planning Board Clerk, Chairman, or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.

When approval of preliminary plat becomes null and void. Within six months of the approval of a preliminary plat, the subdivider must submit an application for approval of a final plat of all, or a section (which section is shown as Section 1 on the preliminary plat) of, the lands shown on the preliminary plat. The Planning Board may revoke its approval of the preliminary plat if a final plat application is not submitted within six months of the approval of the preliminary plat. Subject to the provisions of § 205-10B(2) below, which shall prevail where the subdivision lands are to be developed in sections, if an application for approval of a final plat is not submitted within three years of the approval of the preliminary plat, the approval of the preliminary plat, without any action by the Planning Board, shall automatically become null and void, unless within that three-year period, the Planning Board and the applicant or the subdivider agreed, in writing, to extend the three-year period.

Approval of the preliminary plat shall not constitute final approval. The Planning Board's approval of a preliminary plat shall not constitute a final approval, and no building permit shall be issued based on the approval of a preliminary plat. Rather, the approval of the preliminary plat shall be an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted for the final plat approval of the Planning Board. Only when final plat approval occurs may a plat be filed in the Onondaga County Clerk's Office and building permits be issued. Prior to approval of the final plat, the Planning Board may require additional changes as a result of further study or new information obtained.

Time period extensions. The time periods for the Planning Board to take action under this § 205-9 may be extended by mutual consent of the applicant (or subdivider) and the Planning Board.

Requirements of preliminary plat if subdivision is to be developed in sections. If an applicant desires to develop the subdivided lands in sections:

Requirements of preliminary plat.

The preliminary plat application shall:

State that fact;

Delineate, on the preliminary plat, the proposed sections;

[3]

Set forth the sequence in which the sections will be developed by numbering the sections on the preliminary plat in the sequence the sections will be developed (e.g., the first section to be developed will be "Section 1," the second section to be developed will be "Section 2," etc.); and

[4]

Set forth the date for final plat approval for each section.

Each section shall encompass at least the greater of:

Ten lots; or

Ten percent of the total number of lots contained in the approved preliminary plat.

Time limitations for approval of sections. The application for final plat approval for the first section shall be subject to the time requirements set forth in Subsection J. The approval of the remaining sections shown on the approved preliminary plat shall expire and be null and void as to those sections that shall not have been granted final approval and for which the final plat shall not have been filed before the time limitations set forth in § 205-10B(2), Development in sections - time limitations, and/or § 205-11D, Duration of conditional approvals; provided, however, in the event the above provisions should, under the circumstances, conflict with the exemption period to which such plat is entitled under the provisions of Subdivision (2) of § 265-a of the Town Law, then § 265-a(2) shall control.

Applicant to reimburse Planning Board for costs to prepare or review an EIS. As permitted in § 8-0109(7)(a) of SEQRA,[2] an applicant shall reimburse the Town for all costs incurred by the Planning Board or the Town in preparing, or causing to be prepared, or reviewing a draft EIS or an EIS statement, but the applicant shall not be charged for costs incurred for both the preparation and review of such statements.

Editor's Note: See Environmental Conservation Law § 8-0109, Subdivision 7(a).

From sketch plan to final plat application. Applications for preliminary plat approval may be waived, and the applicant may proceed from the sketch plan to the application for final plat approval, but only if the Planning Board determines, in its discretion, such action is without jeopardy to the public health, safety and general welfare, and is appropriate in the particular situation.

§ 205-10 Subdivision final plat application procedures.

Application for approval of final plat. Fifteen days prior to the regular monthly meeting of the Planning Board, and within six months after the approval of the preliminary plat, the applicant shall file an application for approval of the final plat with the Town Clerk. The application for final plat approval shall include:

[Amended 1-9-2012 by L.L. No. 2-2012]

Two duplicate originals of the signed application;

Twelve copies of the proposed final plat;

Two copies of the narrative required under § 205-49B, signed and certified to by the engineer for the developer and by the subdivider (and applicant, if different from the subdivider);

Two duplicate original sets of the data specified in § 205-49;

(5)

The fee established by the Town Board;

(6)

If any proposed water supply and/or sewage disposal facilities associated with the subdivision require approval by the Department of Health or the Department of Environmental Conservation, the applicant shall provide evidence that at least preliminary approval has been granted, in writing, by those agencies; and

(7)

A stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 193, Stormwater Management and Erosion and Sediment Control, and with the terms of preliminary subdivision plat approval shall be required for final subdivision plat approval. The SWPPP shall meet the minimum performance and design criteria and standards set forth in Article II of Chapter 193.

Development in sections.

Generally. In granting conditional or final approval of a final plat, the Planning Board may: (1) permit the plat to be subdivided and developed in two or more sections (provided the requirements set forth in § 205-10M have been satisfied); and (2) in its resolution granting conditional or final approval, set forth the requirements or conditions it deems necessary to insure the orderly development of all the lands shown on the preliminary plat be completed before the final plat for the section(s) will be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the section(s) of a final plat may, at the Planning Board's option, be granted concurrently with conditional or final approval of the entire plat, and subject to any and all requirements imposed by the Planning Board.

Time limitations and other requirements for development in sections. If final plat approval is requested in sections, then:

The provisions of § 205-10M shall have been complied with as part of the preliminary plat approval process;

Section 205-11D shall be complied with;

(c)

The application for approval of the final plat for the first section (Section 1 on the preliminary plat) shall be filed no later than six months after the date the Planning Board granted approval of the preliminary plat; provided, however if the application for final plat approval for the first section is not filed within three years of the date of the preliminary plat approval, such preliminary plat approval shall be null and void, in its entirety, without any need for action by the Planning Board unless within that three-year period, the subdivider (or applicant) and the Planning Board have agreed to extend that three-year period; and

(d)

An application for approval of all sections shown on the preliminary plat shall be filed within three years after the date preliminary plat approval.

(e)

If the requirements set forth at Subsection B(2)(a), (b), (c) or (d) above are not timely complied with, the Planning Board may revoke the approval of the preliminary plat for all sections for which a final plat has not been filed; provided, however, if final plat approval for all sections shall not have been granted within five years of the date of the approval of the preliminary plat, then the approval of all sections shown on the preliminary plat which have not received final plat approval shall automatically, without any action of the Planning Board, become null and void, unless the subdivider (or applicant) and the Planning Board, within the five-year periods have entered into a written agreement extending the five-year period.

Development in sections when the preliminary plat is filed with the Town Clerk. When the subdivider or applicant files the approved final plat for only the first section of an approved preliminary plat in the Office of the Onondaga County Clerk, a copy of the entire approved preliminary plat shall be filed by the Planning Board Clerk with the Town Clerk within 30 days of the Planning Board Clerk's receipt from the subdivider or applicant of a certified copy of the filed final plat for the first section. (See § 205-11C.)

Dedication of roads by Town Board. Acceptance of any offer of dedication of roads, parks or other public improvements or infrastructure improvements shall rest solely with the Town Board. No final plat shall be signed by a member of the Planning Board until the subdivider's offer of dedication is accepted by the Town Board.

Dedication of roads, etc. not implied by plat approval. The approval by the Planning Board of a preliminary or final plat shall not constitute nor imply the acceptance by the Town of any road, utility, recreation area, easement, park, open space, or other public improvement or infrastructure improvement shown on the plat. All plats should contain appropriate notes to this effect on the plat.

Final plat not substantially the same as preliminary plat. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with the preliminary plat approval granted pursuant to § 205-9, then the application shall be considered, an application for preliminary plat approval, the applicant shall be instructed to revise the plat to state it is a preliminary plat and upon resubmission of the plat as so amended, and the payment of any applicable fees, the application shall proceed under § 205-9 above as a new application for preliminary plat approval.

When final plat is in substantial agreement with preliminary plat; time for Planning Board to decide; when final plat application is complete. Within 62 days from the date of submission of a complete application for final plat approval, which the Planning Board deems to be in substantial agreement with the preliminary plat approved under § 205-9, the Planning Board shall grant approval or conditional approval, or shall disapprove the final plat stating its grounds for the decision. This time period may be extended by mutual consent of the applicant or subdivider and the Planning Board.

When final plat application is complete. An application shall not be considered complete until the requirements of Subsection A have been fully complied with by the applicant, including but not limited to providing the data specified in § 205-49.

Sketch plan to final plat application. When the Planning Board determines no preliminary plat application is required to be filed, the application for final plat approval shall follow the procedures under § 205-9 regarding SEQRA, public hearing, notices, decision, referral to SOCPA, etc; provided, however, in the case of a minor lot alteration, the provisions of § 205-12 shall prevail regarding public hearings and referrals.

§ 205-11 Final plat approval and filing.

Final plat approval always conditioned on Town Board's acceptance of public improvements and infrastructure improvements. An application for final plat approval may be submitted before or after the Town Board's acceptance of dedication of roads, parks, easements, utilities or other public improvements or infrastructure improvements. If the application is submitted before such acceptance by the Town Board, and the application is in all respects complete and satisfactory to the Planning Board, the Planning Board shall grant conditional approval to the final plat, conditioning the approval upon, at a minimum, the Town Board's acceptance of the subdivider's offer of dedication to the Town of the new roads and other public improvements and infrastructure improvements described in the Planning Board's resolution, and such conditional approval shall be upon such other conditions as the Planning Board deems appropriate.

Approval, certification and filings of plats in Planning Board Clerk's office; notice to subdivider of decision. Within five business days of the adoption of a resolution granting conditional or final Approval of a final plat, a copy of such resolution and the final plat shall be filed in the office of the Planning Board's Clerk. A copy of the resolution shall be mailed by the Planning Board Clerk to the subdivider (and to the applicant, if the subdivider and the applicant are not the same). When a final plat is granted conditional approval, such resolution shall include a statement of the requirements and conditions which, when completed and satisfied, will authorize the signing of the final plat.

Final plat approval; delivery of signed final plat and notice to applicant. Upon the Planning Board making a determination that all the requirements and conditions described in Subsection B above and in the resolution have been completed, two duplicate originals of the final plat shall be provided by the applicant to the Planning Board for signature by a duly authorized officer of the Planning Board: one signed final plat shall be filed by the Planning Board Clerk in the office of the Planning Board Clerk; and the second signed final plat shall be delivered to the applicant with a notice that if Subsection E of this section is not timely complied with, the Planning Board approval shall become null and void and a notice to that effect may be recorded by the Planning Board in the Onondaga County Clerk's Office against the real property involved in the subdivision.

Duration of conditional approvals. Conditional approval of a final plat shall expire within the time period (not to exceed three years) set forth in the Planning Board's resolution granting conditional approval (provided, however, if no expiration period is set forth in that resolution, the conditional approval shall expire 180 days from the date of the resolution), unless all requirements and conditions stated in such resolution have been completed and satisfied, as evidenced by a resolution of the Planning Board. The Planning Board may extend, for periods of 90 days each, the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Filing of final plat by applicant and applicant's delivery of certified copy to Planning Board.

Within 62 days of the date the final plat was signed by a duly authorized Officer of the Planning Board, the applicant or the subdivider shall:

File the final plat in the Onondaga County Clerk's Office; and

Deliver to Town Clerk a copy of the filed final plat, with the filing information shown thereon (including, but not limited to, the Map Number assigned to it by the Onondaga County Clerk), which copy shall be certified to by the Onondaga County Clerk.

If the applicant or subdivider does not comply with this Subsection E, the Planning Board shall have the authority to nullify its approval and to file a notice in the Onondaga County Clerk's Office stating the final plat approval is null, void and of no effect.

If either Subsection E(1)(a) or (b) above are not timely complied with, the Planning Board may direct the Town Attorney to file such a notice (duly signed by an authorized representative of the Planning Board pursuant to a Planning Board resolution) that the final plat approval is null and void.

Default approval of plats. The time periods prescribed herein within which the Planning Board must take action on a preliminary plat or a final plat are intended to provide the Planning Board and the public adequate time for review and to minimize delays in the processing of subdivision applications. Such periods may be extended by mutual consent of the subdivider or applicant and the Planning Board. In the event the Planning Board fails to take action on a preliminary plat or a final plat within the time prescribed therefor after completion of all requirements under SEQRA, or within such extended period as may have been established by the mutual consent of the applicant or the subdivider and the Planning Board, such preliminary or final plat shall, subject to the notice and ability to cure provisions below, be deemed granted approval (herein a "default approval"). The certificate of the Town Clerk as to the date of submission of the preliminary or final plat and the failure of the Planning Board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required. Notwithstanding anything provided in this Subsection F or elsewhere in this chapter, default approval shall not occur unless and until the applicant or subdivider provide the Town Clerk with written notice (the "notice") stating that if the Planning Board does not take the required action (and the required action shall be specified, with particularity, in the notice) within 20 days of the Town Clerk's actual receipt of the notice, default approval shall occur under this Subsection F and the subdivider shall be entitled to the default approval certificate. No default approval shall occur if the Planning Board takes the required action within 20 days after the Town Clerk's actual receipt of the notice.

Notice of resolution to Town Clerk. Within five business days from the date of the adoption of a resolution stating the decision of the Planning Board on the final plat, the Planning Board Clerk shall cause a copy of such resolution to be filed in the office of the Town Clerk.

Notice to Syracuse-Onondaga County Planning Agency; impact upon action by Planning Board on application. When applicable, the Planning Board Clerk shall refer preliminary and final plats to the Syracuse-Onondaga County Planning Agency (SOCPA), and no further action on the application shall be taken until the earlier of:

The Planning Board receives a recommendation from SOCPA; or

Thirty days have elapsed from SOCPA's receipt of the referral without the Planning Board receiving such a recommendation.

Final approval. The following shall constitute final approval:

The signature on the final plat by a duly authorized officer of the Planning Board pursuant to a Planning Board resolution; or

The approval by the Planning Board of the development of a plat or plats already filed in the Office of the Onondaga County Clerk if such plats are entirely or partially undeveloped; or

The certificate of the Town Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided.

No changes, erasures, modifications, or revisions. No changes, erasures, modifications or revisions shall be made to the final plat for which final plat approval has been given, unless the final plat is resubmitted to the Planning Board and the Planning Board approves the modifications. In the event that a plat is filed in the Onondaga County Clerk's Office without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk, and/or file a notice in the Onondaga County Clerk's Office advising the public the final plat was modified without the Planning Board's approval and therefore is null and void.

Subdivision abandonment. The subdivider, and/or the subdivider's successor and/or assigns, may abandon a subdivision pursuant to the provisions of § 560 of the New York Real Property Tax Law.

§ 205-12 Minor lot alteration.

Minor lot alterations shall be:

Within the Planning Board's jurisdiction;

Not be a subdivision; and

Comply with this chapter.

If the owner(s) of the lands involved in the relocation of boundary lines believe the matter is a minor lot alteration, as that term is defined in Article II, then at least 15 days prior to a regular meeting of the Planning Board, the owner(s) shall complete an application for a determination by the Planning Board that the proposal is a minor lot alteration and requesting the plat enclosed with the application be granted final approval by the Planning Board. A complete application includes:

An application form completed and signed by all owners of the real property involved in the application;

A completed and signed EAF;

The appropriate fee to the Town Clerk;

Twelve originals of the proposed plat showing each new proposed lot, the current boundary lines of the existing lot(s), and the proposed new boundary lines for each lot, which plat shall be prepared and certified by a surveyor; and

(5)

Copies of both the existing and proposed deeds for the impacted properties.

Within 62 days of receipt by the Planning Board of a complete application for a determination of minor lot alteration, the Planning Board will act on the application. This time period may be extended by mutual consent of the subdividers or applicant and the Planning Board.

The Planning Board shall have the exclusive right and power to make the determination of whether the matter described in the application is or is not a minor lot alteration. If the Planning Board, by majority vote, determines that the proposed change is a minor lot alteration, the procedures below shall apply. If the Planning Board determines the matter is not a minor lot alteration, the application shall be denied.

If the Planning Board determines the proposal is a minor lot alteration:

The application shall be treated as an application for final plat approval;

No public hearing shall be required;[1]

Editor's Note: Original Subsection E(3), regarding referral to the County Planning Agency, which immediately followed this subsection, was repealed 1-9-2012 by L.L. No. 1-2012.

Within 30 days of the Planning Board's approval, the applicant shall record the approved deed(s) and provide the Planning Board Clerk with a copy of the recorded deed(s) with the recording information shown.

If the requirements of §§ 205-11E and 205-12E of this chapter are not timely complied with, the Planning Board shall have the right to nullify its approval and to file a notice in the Onondaga County Clerk's Office stating that its approval is null and void and of no effect.

§ 205-13 Authority of Planning Board regarding improperly subdivided property.

History of improper subdivisions. The Town Board and the Planning Board are aware that although subdivision regulations have been in effect in the Town of Marcellus since 1958, certain owners of property have subdivided parcels of land of those owners without obtaining the necessary subdivision approval of the Planning Board by granting a deed to a portion or portions of the property which deed is thereafter recorded by the grantee under the deed. The Town Board and Planning Board are also aware that these newly created parcels are routinely shown on the Tax Maps as separate parcels even though the required Planning Board approval to the subdivision was not obtained by the grantor or the grantee in the deed. In some instances, the grantee conveys the improperly subdivided parcel to an innocent third party who has no idea the parcel is not a properly subdivided lot with the Town of Marcellus and therefore the new owner is not entitled to receive building permits, certificates of occupancy and the like. This § 205-13 is intended to provide a remedy to the owner of an improperly subdivided parcel.

The Planning Board may approve a lot which results from a subdivision not previously approved by the Planning Board.

The Planning Board may, in its discretion, upon receipt of application of the owner of a parcel of land which has been improperly subdivided without the Planning Board's previous approval (by the division of a parcel by deed, or otherwise) (hereinafter in this § 205-13 an "improper subdivision") approve the proposed subdivision plat submitted with the application, which application and plat shall contain all the information and meet the other requirements of a final plat, it being understood that the plat may show that the one parcel shall remain one parcel after the plat is filed. The approval of the Planning Board may be given even if the application involves only one parcel of land. Among the considerations the Planning Board may consider in approving or not approving an application under this § 205-13 are whether the owner of the improperly subdivided parcel, or any family member of that owner, had any involvement or knowledge of the improper subdivision, whether any of the owners of the lands involved in the improper subdivision have been contacted but refused to join in the subdivision application, whether the subdivision application is complete, and whether the proposed final plat meets the requirements of a final plat.