The following constitutes the criteria of a minor subdivision
wherein the proposed subdivision plat is presented in a proposed final
form at the time of the initial application:
A.
A minor subdivision is one:
(1)
That contains not more than four lots fronting on an existing street;
(2)
That does not require the construction of any new streets or roads;
(4)
Where each proposed lot is of a size and configuration so as to provide,
if applicable, the minimum separation distances and meet the design
standards for on-site water supply and sewage disposal systems as
established by the New York State Department of Health (NYSDOH).
B.
A proposed minor subdivision that does not meet each of these criteria
shall be subject to the major subdivision review procedures. Nothing
herein shall be interpreted to prohibit the use of the procedures
for review of a major subdivision for any subdivision application,
where the Planning Board determines that processing of the application
as a major subdivision is necessary to protect the public health,
safety and welfare.
C.
In the event that an application is made for a minor subdivision
that is from a parent parcel with a previously approved minor subdivision,
the Planning Board shall require the applicant to provide all of the
information required of a major subdivision for the previously subdivided
lots as well as for the lots under consideration in the new application,
taking into consideration the date of the previously approved minor
subdivision, the location of the proposed minor subdivision, the proposed
configuration of the lots, placement of utilities, and such other
factors as the Planning Board shall determine.
D.
When it appears that the parent parcel would support a much larger
project and the design of the minor subdivision would benefit from
consideration in that context, the Planning Board may request a plan
for the full build out of the parent parcel.
A.
Application. An application for a minor subdivision shall be submitted
to the Town Clerk. Application forms are available from the Code Enforcement
Officer or the Town Clerk. Unless otherwise requested by the Code
Enforcement Officer or the Town Clerk, the applicant shall submit
the number of applications specified in the application and shall
also submit a digital copy of the application to the Planning Board
Clerk. The application shall include the following:
(1)
Payment of an application fee as prescribed by the Town Board.
(2)
A short form environmental assessment form pursuant to Article 8
of the Environmental Conservation Law.
(3)
An actual field survey of the boundary lines of the lots to be subdivided
from the entire tract, giving complete descriptive data by bearings
and distances, made and certified to by a licensed land surveyor.
The plat shall include:
(b)
A North arrow point.
(c)
A map scale.
(d)
The zoning district(s) in which the parcel is located and the
zoning district boundaries, if applicable, along with the bulk requirements
for the zoning district(s).
(e)
The date of the survey and the latest revision date (if any).
(f)
The location of existing and proposed structures, wells and
septic, including offset distances to property lines and highway right-of-way
boundaries, and indicating conformance to zoning district requirements.
(g)
The location of driveway(s) and their intersection with public
road(s).
(h)
Identification of the size and configuration of the buildable
portion on each lot, including limits of clearing and grading.
(i)
A location map.
(j)
The total acreage of the parcel and acreage of each proposed
lot.
(k)
Topography, at intervals of two feet or less for all proposed
development areas.
(l)
Existing and proposed utilities, including location of the nearest
hydrant if served by municipal water.
(m)
Easements, existing and proposed.
(n)
Existing and proposed drainage facilities.
(o)
Wetlands, waterways and streams; existing large trees or wooded
areas; FEMA floodplain information, if applicable.
(p)
Names of adjacent property owners along with wells and septic
systems within 200 feet of a property line of the subdivision, and
structures and utilities on adjoining parcels.
(q)
Planning Board approval box.
(r)
Preliminary stormwater drainage system plan. Drainage structures
shall be shown on the preliminary layout, indicating the direction
of flow, the approximate location and size of proposed lines and culverts
and their profiles, as well as connections to existing lines or alternative
means of disposal. This shall include, as required, the proposed size
and location of detention basins and other stormwater management facilities
as required by the Town Engineer.
(4)
All on-site sanitation and water supply facilities shall be designed
to meet the minimum specifications and requirements of the New York
State Department of Health. The location and results of the percolation
test(s) on which the septic system design(s) is (are) based shall
be indicated on the plat.
B.
Accompanying information. The following information shall accompany
a minor subdivision application:
(1)
A copy of current recorded deed and such covenants or deed restrictions
as are intended to cover all or part of the tract.
(2)
Letter of approval (if applicable) from the Town Highway Department,
the Sullivan County Department of Public Works, or the New York State
Department of Transportation relative to access to a public road under
its jurisdiction.
(3)
Regulated wetlands (NYS DEC & US ACOE).
(4)
Threatened and endangered species.
(5)
Archeological documentation and data.
C.
Information waiver. Upon the written request of the applicant, the
Planning Board, in conjunction with advice of the Town Engineer, may
grant a waiver from the information requirements of this section where
they determine that such information is not relevant to or is not
otherwise required to conduct the review of the application.
D.
Compliance with the State Environmental Quality Review Act. An application
for a minor subdivision shall not be considered approved until a negative
declaration has been filed in accordance with the provisions of the
State Environmental Quality Review Act. An application for minor subdivision
approval that has been determined by the Planning Board to require
the preparation of a draft environmental impact statement shall result
in the processing of the application as a major subdivision.
E.
Applicant to attend Planning Board meetings. The applicant or its
duly authorized representative shall attend meetings of the Planning
Board at which the application is considered to discuss the plat.
Although not required, applicants are encouraged to commence discussions
with the owners of land abutting or in proximity to the project site
to ascertain local concerns and local development issues early in
the project design process.
F.
When officially submitted. Applications must be received by the Town
Clerk according to the time schedule specified in the application.
An application received under this section shall be deemed submitted
at the next regular meeting of the Planning Board at which the application
is to be considered. An application shall be placed on the Planning
Board agenda only upon payment of the application fee and appropriate
Town consultant escrow fee as set in accordance with this chapter
along with the number of copies of the plat as specified in the application,
an environmental assessment form, and a completed application form
and an agricultural data statement (if applicable).
G.
Agricultural data statement. If any portion of the project is located
on property within an agricultural district containing a farm operation,
or on property with boundaries within 500 feet of a farm operation
located in an agricultural district, the application must include
an agricultural data statement containing the name and address of
the applicant, a description of the proposed project and its location,
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed, and a tax map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
H.
County referral. An application for subdivision approval under this
section shall be forwarded to the Sullivan County Division of Planning,
Community Development and Real Property by the Town for review pursuant
to General Municipal Law § 239-n if the boundary of the
proposed subdivision is located within 500 feet of:
(1)
The boundary of any city, village, or town.
(2)
The boundary of any existing or proposed county or state park or
other recreation area.
(3)
The right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway.
(4)
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.
(5)
The existing or proposed boundary of any county- or state-owned land
on which a public building or institution is situated.
(6)
The boundary of a farm operation located in an agricultural district,
as defined by Article 25-AA of the Agriculture and Markets Law, if
required.
I.
Referral to neighboring municipalities. Pursuant to General Municipal
Law § 239-m, for a subdivision review under this section
involving property located within 500 feet of an adjacent municipality,
notice of any public hearing shall be given by mail or electronic
transmission to the clerk of the adjacent municipality not less than
10 days prior to the date of said hearing.
J.
Notification of public hearing on minor subdivision. Notification
to all property owners within 500 feet of the perimeter of the parcel
to be subdivided shall be made by the applicant 14 days prior to the
hearing. However, the Planning Board at its discretion may require
broader notification. All notifications shall be made via certified
mail with proof of mailing obtained from the U.S. Postal Service,
and at the applicant's expense. Proof of mailings shall be provided
to the Planning Board by the applicant prior to the public hearing.
The hearing on the minor subdivision plat shall be advertised at least
once in the official newspaper so designated by the Town Board at
least five days before such hearing. The applicant shall also post
a sign, measuring a minimum of 20 inches by 24 inches, prominently
placed on the property and visible from the road, notifying interested
persons that an application for a subdivision approval is under consideration
by the Board. The sign shall be posted for a minimum of 14 days prior
to the public hearing. The Planning Board may provide that the hearing
be further advertised in such manner as it deems most appropriate
for full public consideration of such preliminary plat. All notices
shall include the name of the subdivision, the location of the land
to be subdivided, and the date, place, time and subject of the public
hearing. Such notice shall not be required for adjourned dates. The
hearing on the minor subdivision plat shall be closed within 120 days
after it has been opened.
K.
Action on minor subdivision plat. The Planning Board shall, within
62 days from the date of the close of the public hearing, approve,
conditionally approve with or without conditions, or disapprove a
complete application for minor subdivision plat approval. When conditionally
approving a minor subdivision plat with or without modifications,
the Planning Board must state in writing the conditions, if any, it
deems necessary before the plat will be endorsed by the Chairperson.
The Board shall specify in writing its reasons for any disapproval.
There shall be no default approval as contemplated by § 278
of Town Law.
L.
Filing of notice of action. Written notice of the action or resolution
of the Planning Board, plus any conditions attached thereto, shall
be provided to the applicant, and a copy of such notice or resolution
shall be filed with the Town Clerk within five business days of the
date of approval.
M.
Duration of conditional approval of minor subdivision plat. Conditional
approval of the minor subdivision plat shall expire within 180 days
after the date of adoption of the resolution granting such approval
unless all applicable requirements stated in such resolution have
been completed. The Planning Board may extend the time in which a
conditionally approved plat must be submitted for signature if, in
the Board's opinion, such extension is for good cause shown as warranted
by the particular circumstances. Upon lapse of conditional approval,
the applicant shall be required to begin the subdivision approval
process over again.
N.
Endorsement of the Chairperson. Upon approval of the minor subdivision
plat, the applicant shall carry out the following steps prior to obtaining
the Chairperson's signature of approval:
(1)
Provide proof of compliance with all other required local, state
and federal agency permits and approvals, including but not limited
to stream disturbance, wetland and wetland buffer disturbance, highway
work, curb cuts, stormwater connections, SPDES permit discharges,
dams and impoundments, etc., if required, to the Town Engineer.
(2)
Make all required corrections or changes to the minor subdivision
plat map as outlined in the approving resolution of the Planning Board
and provide two copies of the corrected final plat to the Town Clerk
for final review by the Town Engineer and/or other designated Town
officials for compliance with the resolution of the Planning Board.
The applicant shall also complete all applicable conditions of the
Planning Board resolution approving the final plat, and provide proof
of compliance to the Town Engineer.
(3)
Provide Mylar and paper copies of the minor subdivision plat in such
quantity as specified by the Planning Board to the Town Clerk for
the endorsement of the Chairperson. After the Chairperson has signed
the Mylar and the paper copies of the plat, the Town Clerk shall immediately
notify the applicant of the availability of the minor subdivision
plat map. The applicant is solely responsible for filing of the minor
subdivision plat with the County Clerk and payment of all associated
fees.
(4)
Pay all outstanding escrow fees and application fees. Parkland fees,
if applicable, are due and payable prior to the Chairman signing the
subdivision plat.
O.
Filing of minor subdivision plat; expiration of approval. The applicant
shall file the approved minor subdivision plat in the office of the
County Clerk within 60 days from the date of final approval or such
approval shall expire. The signature of the Chairperson or other duly
authorized member of the Planning Board signifying final approval
and completion of conditions of final approval by the Planning Board
shall constitute approval. If the plat is not filed within 60 days,
the applicant must appear before the Planning Board to have it restamped
and redated. In the event it is not filed, the Planning Board may
authorize the Planning Board Chairperson to re-sign it.
P.
Filed plat map. Within 30 days of the date the minor subdivision
plat is filed with the County Clerk, the applicant shall submit one
copy of the plat showing the endorsement of the County Clerk to the
Clerk of the Planning Board.
Q.
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made to any subdivision plat after endorsement
of said plat by the Chairperson of the Planning Board. If the applicant
seeks to change, modify or revise the plat, or correct an error in
the endorsed plat, the new plat and written explanation for the change
shall be submitted to the Planning Board which will then determine
if it will or will not approve the modified plat, and allow restamping
and endorsement by the Planning Board Chairperson. 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 Town
may institute proceedings to have the plat stricken from the records
of the County Clerk.
R.
Fees. All application fees are in addition to any required escrow
fees and do not cover the cost of professional and/or environmental
review. The applicant shall be responsible for the total cost of all
professional and/or environmental reviews that are determined to be
necessary by the Planning Board in order for it to review the application
and to meet the requirements of the State Environmental Quality Review
Act (SEQRA). If the Board requires professional review of the application
by designated private planning, engineering, legal or other consultants,
or if it incurs other expense to review documents or conduct special
studies in connection with the proposed application, reasonable fees
shall be paid for by the applicant and an advance escrow deposit shall
be required.
