A.
A sketch plan review is required prior to submission of a formal
application for subdivision approval. The sketch plan review is intended
to reduce the review time for Planning Board consideration of proposed
subdivisions by allowing early review of the plan by the Planning
Board. All applicants wishing to be placed on the Planning Board's
agenda for sketch plan review shall submit a formal written request
to the Town Clerk two weeks prior to the meeting. Requests are placed
on the agenda in the order they are received. The applicant or the
applicant's representatives shall be present at the meeting to discuss
the application. The sketch plan review shall include a review of
the basic concept of the proposal with respect to the minimum area,
yard and bulk requirements of the district in which the property is
located, along with other features such as existing structures, easements,
water bodies and wetlands, proposed streets and other relevant or
unique features, and to identify problems with meeting the requirements
of this chapter which might occur during formal Planning Board consideration.
The sketch plan review and consultation shall be nonbinding. After
the sketch plan review, nothing herein shall be construed to prevent
an applicant from submitting a formal application for subdivision
approval to the Planning Board. 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.
B.
Sketch plan data. The sketch plan initially submitted to the Planning
Board shall be based on tax map information or some other accurate
base map at a scale (preferably not less than 100 feet to the inch)
which permits the entire tract to be shown on one sheet. The sketch
shall indicate the following:
(1)
The name and address of the owner of record and the name and address
of the applicant.
(2)
The name and address of the map preparer.
(3)
A map of the entire holding or parcel to be subdivided and indicating
the location of that portion which is to be subdivided in relation
to the entire tract and the adjacent street system.
(4)
Topographic contours at intervals of not more than 10 feet based
on United States Geological Survey data and extending not less than
100 feet beyond the boundaries of the parcel are required for sketch
plans. Final plans should have two-foot contours for all proposed
areas of development.
(5)
The tax map section, block and lot numbers.
(6)
The general location of all utilities and all streets which are either
proposed, mapped or built.
(7)
Waterways, wetlands, other significant natural features, large trees,
and wooded areas.
(8)
The proposed subdivision layout, including the pattern of lots; lot
width and depth; street layout; recreation areas; and systems of drainage,
sewerage and water supply, not only within the subdivided area but
also in relation to surrounding properties and street patterns.
(9)
All existing restrictions on the use of land, including easements
and covenants.
(10)
A location map, at a minimum scale of one inch equals 1,000
feet, to indicate the relationship of the proposed subdivision to
significant existing community facilities which will serve or influence
the layout, such as major traffic arteries, shopping areas, schools,
parks, employment centers, churches, etc. This map shall be drawn
to a scale suitable to indicate the above features. It shall show
North point, scale and date.
(11)
Existing drainage features (e.g., culverts, marshes, ponds,
wetlands and streams) within the portion to be subdivided and within
100 feet thereof.
(12)
Zoning district or districts and the bulk requirements for the
zoning district(s).
(13)
Acreage of each land use and proposed density with supporting
calculations, if required.
(14)
Sewerage disposal systems.
(15)
Soils data and all soils testing data available and location
of percolation tests.
A.
Application and fee. Prior to the filing of an application for the
approval of a final plat for a major subdivision, the applicant shall
submit an application for approval of a preliminary subdivision plat.
All applications for preliminary subdivision approval shall be in
writing and on forms and in such quantity as may be prescribed by
the Planning Board, together with a fee as set by the Town Board.
The applicant shall also submit a digital copy of the application
to the Planning Board Clerk. The preliminary plat shall, in all respects,
comply with the requirements set forth in this chapter and the provisions
of §§ 276 and 277 of the Town Law.
B.
Purpose. The preliminary layout, the application, and all supporting
documents for a proposed subdivision constitute the material to be
officially submitted to the Planning Board. On the basis of the general
design of the subdivision and any proposed or required public improvements,
the Planning Board will indicate its approval or disapproval of the
preliminary plat prior to the time that the final plat, including
the design and detailing of the improvements and utilities, is completed.
Approval of the preliminary layout does not constitute an approval
of the final plat.
C.
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 as set by the Town Board and escrow as required by § 148-28, along with an environmental assessment form and the number of copies of the plat map as specified by the Planning Board.
D.
Applicant to attend Planning Board meetings. The applicant or his/her
duly authorized representative shall attend meetings of the Planning
Board at which the application is considered to discuss the preliminary
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.
E.
Plat preparation. The preliminary plat shall be prepared by a licensed
land surveyor or engineer and shall bear the seal and signature of
the surveyor or engineer responsible for its preparation.
F.
Information on plat. In the case of a major subdivision, the preliminary
subdivision plat shall include the following data:
(2)
Date, North arrow and scale.
(3)
Names of the owners of adjoining parcels.
(4)
Total acreage for the parcel and the tax map number.
(5)
Bold outlines depicting boundaries of the parcel to be subdivided,
plotted to scale.
(6)
Total number of proposed lots and the size of each lot.
(7)
The date of original preparation and of each subsequent revision.
(8)
Graphic scale of no less than 100 feet equals one inch, but preferably
not less than 50 feet to the inch.
(9)
Offers of dedication or statements establishing easements should
be indicated on the drawing.
(11)
Wetlands, marshes, rivers, lakes and watercourses. In the case
of a regulated freshwater wetland, the field-delineated boundary of
said wetland shall be shown together with any applicable wetland buffer
area. All such delineations should be verified by the appropriate
regulatory agency (NYS DEC or US ACOE).
(12)
Cut or match lines for two or more drawing sheets shall be indicated
within the site boundaries, with each section numbered according to
the corresponding sheet.
(13)
Adjacent properties. Adjacent properties within 200 feet of
the site which are part of a recorded subdivision plat shall be identified
by the names of the owners of record, together with section, block
and lot numbers.
(14)
Boundaries of special districts. Boundaries of special districts
(such as water, sewer, fire, school, lighting, etc.).
(15)
Topographic contours. Topographic contours at two-foot intervals
referred to the United States Coast and Geodetic Survey data of mean
sea level for all proposed development areas. Topographic and information
shall extend at least 100 feet beyond the boundaries of the parcel.
(16)
Proposed finished grades shall be indicated.
(17)
An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances, made and certified
to by a licensed land surveyor. The corners of the tract shall also
be located on the ground and marked by substantial markers or stakes
of such size and type as are approved by the Town Engineer and shall
be referenced and shown on the plat.
(18)
Street rights-of-way and widening of rights-of-way on the subdivision
and within 200 feet of its boundaries, including the street name,
location and width, centerline elevations at intersections and other
critical points, and other rights-of-way, easements, including restrictions
on use, and highways, streets, sidewalks and municipal boundaries
within 100 feet of the boundaries of the parcel.
(20)
Location and size or capacity of all other utility structures,
such as water and gas mains and power lines, on the subdivision and
within 200 feet of its boundaries.
(21)
Date, location and graphic representation of findings for all
test results of percolation and other tests to ascertain subsurface
soil, rock and groundwater conditions and depth of groundwater unless
pits are dry at a depth of five feet.
(22)
Municipal or other public lands and lands designated as parks,
open spaces or for some other public use.
(23)
Buildings and other structures, roads or lanes, easements and
other existing improvements within the portion to be subdivided and
within 200 feet of the site, including well and septic.
(24)
Proposed streets and street names and right-of-way width.
(25)
The width and location of any streets or public ways or places
shown on the Official Map or the Comprehensive Plan within the area
to be subdivided, together with preliminary street profiles of public
ways proposed by the developer.
(26)
Preliminary center-line elevations at intersections and at principal
changes in gradient.
(27)
Preliminary center-line gradient shown in percent of slope.
(28)
Plans and cross sections showing the proposed location and type
of sidewalks, lighting, street trees, curbs, water mains, sanitary
sewers and storm drains, and the size and type thereof; the character,
width and depth of pavements and subbase; and the location of manholes,
basins and underground conduits.
(29)
Lot layout, including lot lines and dimensions scaled to the
nearest foot; proposed location of buildings.
(30)
Building setback line (dashed) and dimensions.
(31)
Identification of the size and configuration of the buildable
portion on each lot, including limits of clearing and grading.
(32)
Proposed easements, parks, and restricted areas, including purpose
and restrictions.
(33)
Designation of areas or rights-of-way which are to be offered
for public dedication or deeded to a homeowners' association or other
private corporation. The Board may require specific recreation improvements
and planting of trees, shrubs, grass and other landscaping in all
areas to be so dedicated.
(34)
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 and the current NYS DEC regulations
pertaining to stormwater management.
(35)
Preliminary water supply and sewage treatment systems. The approximate
location, size and profiles of all proposed waterlines, valves, hydrants
and sewer lines, connection to existing lines or alternative means
of water supply or sewage disposal and treatment as provided in the
Public Health Law.
(36)
Easements. The boundaries of proposed utility easements located
over or under private property, which easements shall not be less
than 20 feet in width unless otherwise recommended by the Town of
Forestburgh Town Engineer and approved by the Planning Board, and
which shall provide satisfactory access to an existing public highway
or other public highway or public open space for the purpose of maintenance
and repair of the utility.
(37)
Constrained lands which shall be subtracted from the gross acreage
when calculating development yield for the subdivision.
G.
Accompanying information. The following information shall accompany
a major subdivision application:
(1)
A copy of current recorded deed of the parcel 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 Superintendent,
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)
Applicable fee as set by the Town Board.
(4)
Full environmental assessment form (FEAF).
(5)
The applicant shall provide a digital copy of the preliminary plat
and plan set. Such submission will be prepared in accordance with
the Town's digital submission standards as follows:
(6)
Entire holdings. If the application covers only a part of the applicant's
entire holding, a map of the entire tract, drawn at a scale of not
less than 400 feet to the inch, shall be provided. The map shall show
an outline of the platted area with its proposed streets and indication
of the probable future street system, including its grades and drainage
in the remaining portion of the tract and the probable future drainage
layout of the entire tract in relation to the part of the applicant's
holdings not included in the application.
H.
Temporary field markers. The Planning Board may require the location
of temporary markers adequate to enable members of the Board to locate
readily and appraise the basic layout in the field. These may include
markers at corners of the site or along road center lines.
I.
Study of preliminary plat. The Planning Board shall study the proposed
preliminary plat, taking into consideration the goals and polices
of the Town Comprehensive Plan for the district in which the parcel
is located, the needs of the community, the requirements of the Town
zoning law[2] and this chapter, and the best use of the land being subdivided.
Particular attention shall be given to the arrangement, location and
width of streets, their relation to the topography of the land, water
supply, sewage disposal, vehicular and pedestrian access, preservation
of natural resources, relationship to improvements on adjacent and
neighboring land, drainage, lot sizes and arrangement, and the future
development of adjoining lands as yet unsubdivided, including those
lands depicted on the Official Map.
J.
Look-back provision. In the event that an application is made for
a subdivision that is from a parent parcel with a previously approved
major subdivision for which both central sewer and water services
do not exist or have not been provided, the Planning Board may require
the applicant to include a plan for providing central sewer and water
services to the previously subdivided lots at no additional cost to
their present owners as part of the new application for subdivision
approval.
K.
Compliance with the State Environmental Quality Review Act. A preliminary
plat application shall not be considered approved until a negative
declaration has been filed or until a notice of completion of the
draft environmental impact statement has been filed in accordance
with the provisions of the State Environmental Quality Review Act.
The time periods for review of a preliminary plat application shall
begin upon filing of such negative declaration or such notice of completion.
L.
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.
M.
County referral. Prior to action on an application for subdivision
approval under this section, a copy of the application 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.
N.
Referral to neighboring municipalities. Pursuant to General Municipal
Law § 239-nn, 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
14 days prior to the date of said hearing.
O.
Planning Board as lead agency under the State Environmental Quality
Review Act: public hearing; notice; decision.
(1)
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 may schedule pursuant
to the State Environmental Quality Review Act as follows:
(a)
If such Board determines that the preparation of an environmental
impact statement on the preliminary plat is not required, the public
hearing on such plat shall be held within 62 days after receipt of
a complete preliminary plat by the Town Clerk; or
(b)
If the Planning Board determines that an environmental impact
statement is required and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, a public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
(2)
Public hearing notice. 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, which shall
be provided to the Planning Board prior to the hearing. The hearing
on the preliminary plat shall be advertised by the applicant at least
once in the official newspaper so designated by the Town Board at
least five days before such hearing if no hearing is held on the draft
environmental impact statement or 14 days before a hearing held jointly
therewith. The applicant shall provide an affidavit of publication
prior to the 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
preliminary plat shall be closed upon motion of the Planning Board
within 120 days after it has been opened.
(3)
Decision. The Planning Board shall approve, with or without condition(s),
or disapprove such preliminary plat as follows:
(a)
If the Planning Board determines that the preparation of an
environmental impact statement on the preliminary plat is not required,
the Planning Board shall make its decision within 62 days after the
close of the public hearing.
(b)
If the Planning Board determines that an environmental impact
statement is required and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing in
accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the preliminary plat. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary
plat.
(4)
Grounds for decision. The grounds for a condition, 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 conditions it deems necessary for submission
of the plat in final form.
P.
Planning Board not as lead agency under the State Environmental Quality
Review Act: public hearing; notice; decision.
(1)
Public hearing on preliminary plats. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the preliminary
plat jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement, the Planning Board shall
hold the public hearing on the preliminary plat within 62 days after
receipt of a complete preliminary plat by the Town Clerk.
(2)
Notification of public hearing notice. Notification to all surrounding
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
public hearing. However, the Planning Board at its discretion may
require broader notification. All notifications shall be made via
certified mail, and at the applicant's expense. Proof of certified
mailings shall be provided to the Planning Board by the applicant
prior to the public hearing. The hearing on the preliminary plat shall
be advertised by the applicant at least once in the official newspaper
so designated by the Town Board at least five days before such hearing
if held independently of the hearing on the draft environmental impact
statement or 14 days before a hearing held jointly therewith. The
applicant shall provide an affidavit of publication prior to the 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 preliminary plat shall be
closed upon motion of the Planning Board within 120 days after it
has been opened.
(3)
Decision. The Planning Board shall, by resolution, approve with or
without conditions or disapprove the preliminary plat within 62 days
after the close of the public hearing on such preliminary plat.
(a)
If the preparation of an environmental impact statement on the
preliminary plat is not required, the Planning Board shall make its
decision within 62 days after the close of the public hearing on the
preliminary plat.
(b)
If an environmental impact statement is required, the Planning
Board shall make its own findings and its decision on the preliminary
plat within 62 days after the close of the public hearing on such
preliminary plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer.
(4)
Grounds for decision. The grounds for a condition, 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 conditions it deems necessary for submission
of the plat in final form.
Q.
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 shall be filed
with the Town Clerk within five business days of the approval of the
preliminary plat. Approval of the preliminary plat shall not constitute
approval of the final plat but shall be deemed 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 approval
of the Planning Board and for recording upon fulfillment of the requirements
of the Town zoning law[3] and this chapter and the conditions of the approval of
the preliminary plat, if any. Prior to approval of the final subdivision
plat the Planning Board may require additional changes as a result
of further study of the final subdivision plat or as a result of new
information obtained at the public hearing.
R.
Expiration of approval. Planning Board approval of a preliminary
layout submission shall expire six months after the date the decision
of the Board is filed with the Town Clerk. Prior to the expiration
of preliminary approval, the applicant shall request in writing an
extension of the preliminary approval and shall state the reasons
for such extension. The Planning Board may extend the time for expiration
of the preliminary plat if, in the Board's opinion, such extension
is for good cause shown as warranted by the particular circumstances.
In addition, such extension shall be granted only if the proposed
subdivision fully conforms to the zoning regulations in effect at
the time such extension is applied for.
S.
Fees. All application fees are in addition to any required escrow
fees and do not cover the cost of environmental review. The applicant
shall be responsible for the total cost of environmental reviews that
are determined to be necessary 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 extraordinary 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 escrow deposit made in accordance with this chapter.
A.
Application for approval and fee. The applicant shall, within six
months after the date of filing of the preliminary plat approval with
the Town Clerk, or prior to the expiration of any extensions, file
with the Planning Board an application for approval of all or part
of the subdivision plat in final form. If no application is received
within six months, or the preliminary plat approval is not extended,
the preliminary plat approval shall expire. All applications for plan
approval shall be in writing and on forms and in such quantity as
may be prescribed by the Planning Board together with a fee as set
by the Town Board.
B.
Purpose. The proposed final plat, together with drawings and documents,
shall constitute the complete development of the subdivision proposal,
and shall include the conditions of the Planning Board's preliminary
subdivision approval, and shall include the detailed layout drawings
for the public improvements and utilities. The final plat shall be
in conformity with the approved preliminary plat. After approval by
the Planning Board of this submission, the approved performance surety
and the general liability insurance policy as required and approved
by the Town Board shall become the basis for the construction of the
subdivision and the inspection services by the Town Engineer or other
delegated Town officer. The plat itself must be recorded with the
County Clerk to have legal status, and an unrecorded plat shall not
be a valid basis for site improvements or other commitments. The final
approved plat shall be an accurate survey record of the properties
resulting from the subdivision and shall bear the seal and signature
of the licensed land surveyor responsible for its preparation.
C.
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 after payment of the application fee as set by the
Town Board and submission of the specified number of copies of the
final plat map and any supporting documentation.
D.
Applicant to attend Planning Board meeting. The applicant or its
duly authorized representative shall attend the meeting(s) of the
Planning Board at which the application is considered to discuss the
final plat.
E.
The following documents shall be submitted for final plat approval:
(1)
If any information from the preliminary plat application has changed,
an application supplying the updated information shall be submitted
to the Planning Board, including an updated deed, if applicable.
(2)
Applicable fee as set by the Town Board.
(3)
Major subdivision plat. The plat to be filed with the County Clerk
shall be printed on a Mylar at a dimension as specified by the County
Clerk.
(4)
A digital copy of the final plat and plan set, prepared in accordance with the Town's digital submission standards, pursuant to § 148-16G(5) of this chapter.
F.
The final plat shall be prepared by a licensed surveyor or engineer
in accordance with local and state laws, and any information required
by the Planning Board.
G.
When a final plat is submitted the following shall apply:
(1)
Planning Board as lead agency: public hearing; notice; decision.
(a)
Public hearing on final plat. The Planning Board shall have
the option to waive the second public hearing on the final plat if
it so chooses. However, if a second public hearing is warranted, the
time within which the Planning Board shall hold a public hearing on
such final plat shall be coordinated with any hearings the Planning
Board may schedule pursuant to the State Environmental Quality Review
Act, as follows:
[1]
If the Planning Board determines that the preparation of an
environmental impact statement is not required, the public hearing
on a final plat shall be held within 62 days after the receipt by
the Town Clerk of a complete final plat.
[2]
If the Planning Board determines that an environmental impact
statement is required and a public hearing on the draft environmental
impact statement is held, the public hearing on the final plat and
the draft environmental impact statement shall be held jointly within
62 days after the filing of the notice of completion of such draft
environmental impact statement in accordance with the provisions of
the State Environmental Quality Review Act. If no public hearing is
held on the draft environmental impact statement, the public hearing
on the final plat shall be held within 62 days following filing of
the notice of completion.
(b)
Public hearing notice. 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. The hearing
on the final plat shall be advertised by the applicant at least once
in the official newspaper so designated by the Town Board at least
five days before such hearing if no hearing is held on the draft environmental
impact statement or 14 days before a hearing held jointly therewith.
The applicant shall provide an affidavit of publication prior to the
hearing. The Planning Board may provide that the hearing be further
advertised to adjoining property owners in such manner as it deems
most appropriate for full public consideration of such final plat,
including the prominent placement of one or more signs on the premises
that is the subject of the application notifying interested persons
that an application for a subdivision approval is under consideration
by the Board. 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 final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(c)
Decision. The Planning Board shall make its decision on the
final plat as follows:
[1]
If such Board determines that the preparation of an environmental
impact statement on the final plat is not required, the Planning Board
shall, by resolution, conditionally approve, with or without conditions,
disapprove, or grant final approval and authorize the signing of such
plat within 62 days after the date of the close of the public hearing.
[2]
If the Planning Board determines that an environmental impact
statement is required and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing in
accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the final plat. Within 30 days of the filing of the final environmental
impact statement, the Planning Board shall issue findings on such
final environmental impact statement and shall, by resolution, approve,
with or without conditions, disapprove, or grant final approval and
authorize the signing of such plat.
(d)
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.
(2)
Planning Board not as lead agency: public hearing; notice; decision.
(a)
Public hearing on final plat. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the final
plat jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement, the Planning Board shall
hold the public hearing on the final plat within 62 days after the
receipt of a complete final plat by the Town Clerk.
(b)
Public hearing notice. 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. The hearing
on the final plat shall be advertised by the applicant at least once
in the official newspaper so designated by the Town Board at least
five days before such hearing if held independently of the hearing
on the draft environmental impact statement or 14 days before a hearing
held jointly therewith. The applicant shall provide an affidavit of
publication prior to the 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 final plat, including
the prominent placement of one or more signs on the premises that
is the subject of the application notifying interested persons that
an application for a subdivision approval is under consideration by
the Board. 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 final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(c)
Decision. The Planning Board shall, by resolution, approve,
with or without conditions, disapprove, or grant final approval and
authorize the signing of such plat within 62 days after the close
of the public hearing on such final plat. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
[1]
If the preparation of an environmental impact statement on the
final plat is not required, the Planning Board shall make its decision
within 62 days after the close of the public hearing on the final
plat.
[2]
If an environmental impact statement is required, the Planning
Board shall make its own findings and its decision on the final plat
within 62 days after the close of the public hearing on such final
plat or within 30 days of the adoption of findings by the lead agency,
whichever period is longer. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Planning Board.
H.
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 shall be filed
with the Town Clerk within five business days of the date of approval.
I.
Approval of plat in sections. In granting conditional or final approval
of a plat in final form, the Planning Board may permit the plat to
be subdivided and developed in two or more sections and may, in its
resolution granting conditional or final approval, state such requirements
as it deems necessary to ensure that orderly development of the plat
which shall be completed before said sections may be signed by the
Chairperson.
J.
Duration of conditional approval of final plat. Conditional approval
of the final plat shall expire within 180 days after the resolution
granting such approval unless all requirements stated in such resolution
have been certified as 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.
K.
Filing of final plat; expiration of approval. The applicant shall
file the approved final plat, or a section of such plat, in the office
of the County Clerk within 62 days from the date of final approval
or such approval shall expire. In the event that the applicant in
a "phased" project has only received final approval for one such phase,
or section, it shall file the plat showing the entire parcel, the
approved phase, and, for the balance of the parent parcel, it shall
indicate that this parcel is a proposed future subdivision. It may
show on this plat the preliminary lots of future phases. The signature
of the Chairperson of the Planning Board signifying final approval
shall constitute final approval of that phase, or section of the overall
subdivision.
L.
Performance surety and estimate of cost of improvements. The Planning
Board shall require as a condition of final plat approval that the
owner/applicant establish or provide a cash escrow account, performance
bond or irrevocable letter of credit from an appropriate financial
or surety institution which guarantees satisfactory completion of
the required public improvements associated with development of the
plat. The surety shall name the Town as beneficiary, shall be in a
form satisfactory to the Town Attorney or his/her designee and shall
be in an amount as determined by the Town Engineer based on an estimate
of the cost of the required public improvements. The surety to guarantee
completion of the improvements shall be in accordance with the requirements
of this chapter.
M.
Endorsement of the Chairperson. Upon approval of the final plat,
the applicant shall carry out the following steps prior to obtaining
the Chairpersons signature of approval:
(1)
Provide proof of compliance to the Town Engineer 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.
(2)
Make all required corrections or changes to the final plat map as
outlined in the resolution of the Planning Board and provide two copies
of the corrected final plat to the Town Clerk.
(3)
Provide proof of compliance to the Planning Board Chairperson of
completion of all applicable conditions of final approval as set forth
in the resolution of the Planning Board.
(4)
Provide Mylar and paper copies of the final 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 final plat map. The applicant
is solely responsible for filing of the final plat with the County
Clerk.
(5)
Obtain a performance surety in the amount of the estimate for the
improvements and submit them to the Town Attorney for approval as
to form.
(6)
Pay all outstanding escrow fees and application fees to the Planning
Board Secretary/Clerk or to the Town Clerk. Parkland fees, if applicable,
are due and payable prior to the Chairman signing the subdivision
plat.
N.
Filed plat map. Within 30 days of the date the final plat is filed
with the County Clerk, the applicant shall submit one copy of the
final plat showing the endorsement of the County Clerk to the Town
Clerk.
O.
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, unless said
plat is first resubmitted to the Planning Board and the Board approves
any modifications. Such modified plat shall be resubmitted to the
Planning Board for review, restamping and signature. 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 Planning Board shall institute proceedings to have the plat stricken
from the records of the County Clerk.
P.
Fees. All application fees are in addition to any required escrow
fees and do not cover the cost of environmental review. The applicant
shall be responsible for the total cost of environmental reviews that
are determined to be necessary 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 extraordinary 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 escrow deposit will be required in accordance with
the Town zoning law.[1]
