The owner or and/or his authorized agent shall
apply for and secure approval of any subdivision of land before any
contract for the conveyance of any part thereof is made (unless performance
of such contract is conditioned upon obtaining subdivision approval)
and before application for any permit for the erection of a structure
on subdivided land shall be granted. Approval of a subdivision shall
be obtained in accordance with the procedure specified in this article.
[Added 5-1-2019 by L.L. No. 2-2019]
A.
Upon application for a lot line adjustment as defined under this chapter, the Planning Board may, in its discretion, waive the procedures in this chapter if the Board finds that the proposed lot line adjustment is insignificant, will not materially affect a previously approved subdivision, and satisfies the criteria set forth in Subsection B below.
B.
Eligibility criteria.
(1)
Prior to granting a waiver of the requirements and procedures
of this chapter, the Planning Board shall make an administrative determination
as to whether a proposed lot line adjustment shall be granted based
upon the following eligibility criteria:
(a)
Such adjustment would not create a new parcel.
(b)
Such adjustment would not increase the number of parcels within
a previously approved subdivision.
(c)
Such adjustment would not create the need for a new street.
(d)
Such adjustment would not create the need for new or additional
public improvements.
(e)
Such adjustment would not create a nonconforming parcel under
applicable Town requirements.
(f)
Such adjustment would not violate a condition of, or otherwise
be inconsistent with, a prior municipal approval.
(2)
If the Planning Board determines that all of these criteria
are met, then the Planning Board shall grant the lot line adjustment.
If the Planning Board finds that any one of these criteria are not
met, then the applicant shall be subject to the procedures of a minor
subdivision approval.
C.
Should such lot line adjustment be administratively granted by the
Planning Board, the applicant shall cause a new subdivision map to
be prepared by a qualified surveyor that depicts the requested adjustment,
which shall be presented to the Planning Board chairperson for signature
and filed in the Columbia County Clerk's office within 60 days
from the date of signature. Failure to file the map within this period
shall constitute expiration of said approval.
D.
The Town of Greenport may institute or modify any fee, cost, or contribution
under this section by resolution.
A.
Prior to filing a formal application for approval
of a proposed subdivision, the subdivider shall submit to the Board
or its designated representative:
(1)
A sketch plan.
(2)
General subdivision information which describes or
outlines the existing conditions of the site and the proposed development.
This information may include data on existing covenants, land characteristics
and available community facilities and utilities and information describing
the subdivision proposal such as number of residential lots, typical
lot width and depth, price range, proposed protective covenants and
proposed utilities and street improvements.
(3)
If the proposed subdivision will entail a centralized
drainage, sewerage or potable water facility, the Engineer for the
project shall submit a concept report which shall set forth those
factors and design concepts that have a bearing on such facility which
shall include the following items:
(a)
Location.
(b)
General characteristics of the area.
(c)
Area population or population served.
(d)
Design criteria.
(e)
Average daily wastewater flow and potable water
demand.
(f)
General description of proposed wastewater and
potable water facilities.
(g)
Schematic arrangement of proposed systems.
(h)
Stormwater drainage facilities.
(i)
General arrangement drawing of proposed subdivision
showing location of lots, potable water, wastewater, drainage facilities,
etc. The scale of drawing shall be between one inch equals 20 feet
and one inch equals 200 feet and shall be submitted on prints of drawings
measuring 24 inches by 36 inches.
B.
The Planning Board shall review the subdivider's sketch
plan and other documents submitted and, within 30 days of the submission
date, shall inform the subdivider, in writing, whether the proposed
subdivision is a minor or major subdivision as defined in these regulations
and whether the proposed subdivision as submitted or as modified may
meet the objectives of these regulations.
C.
The Board may require, when it deems it necessary for the protection of the public health, safety and welfare, that a minor subdivision comply with all or some and the requirements specified for major subdivisions. If the proposed subdivision is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 107-14 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedure outlined in §§ 107-15 and 107-16 and with the requirements of Articles IV and V.
D.
Should the sketch plan be found unacceptable, the
subdivider will be asked to submit a new sketch plan before proceeding
further.
A.
Application. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a final plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article III, § 107-18.
B.
Number of copies. An original and four copies of the
final plat shall be presented to the Secretary of the Planning Board
at least 15 days prior to a scheduled monthly meeting of the Planning
Board.
C.
Subdivider to attend Planning Board meeting. The subdivider
or his duly authorized representative shah attend the meeting of the
Planning Board to discuss the subdivision plat.
D.
When officially submitted. The time of submission of the final plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 15 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article 18, § 107-18, of these regulations has been filed with the Secretary of the Planning Board.
E.
Public hearing.
[Amended 12-1-2010 by L.L. No. 9-2010]
(1)
A
public hearing shall not be held on the final plat until the plat
is deemed complete by the Planning Board. A final plat shall not be
considered complete 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.[1] The time periods for review of such plat shall begin
upon the filing of such negative declaration or such notice of completion.
[1]
Editor’s Note: See Environmental Conservation Law § 8-0101
et seq.
(2)
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, in accordance with New York Town Law § 276(6)(d), as
may be amended from time to time. Said hearing shall be advertised
in a newspaper of general circulation in the Town in accordance with
Town Law § 276(6)(d), as may be amended from time to time.
The hearing on the final plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
F.
Action on subdivision plat. The Planning Board shall
make its decision on the final plat in accordance with New York Town
Law § 276(6)(d), as may be amended from time to time. The
time within which the Planning Board must render its decision may
be extended by mutual consent of the applicant and the Planning Board.
[Amended 12-1-2010 by L.L. No. 9-2010]
G.
The ground for a modification, if any, or the ground
for disapproval shall be stated in the records of the Planning Board.
H.
In the event that the Planning Board fails to take
action on a final plat within the prescribed time, such plat shall
be deemed granted approval. The certificate of the Town Clerk as to
the date of submission and the failure 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.
I.
Within five days of the resolution of approval, the
plat shall be certified by the Clerk of the Planning Board as approved,
a copy shall be filed in the office of the Planning Board, and a certified
copy shall be mailed to the subdivider along with a certified statement
of requirements which, when completed, will authorize the signing
of the conditionally approved plat.
A.
Within six months after classification of the sketch
plan as a major subdivision, the subdivider shall:
(1)
Cause to be prepared a preliminary plat, with written application for approval, in accordance with the definition provided herein as well as with the general requirements and design standards specified in Article IV, together with improvement plans and other supplementary material as specified in Article V.
(2)
Submit three copies of the preliminary plat, clearly
marked as such, along with the supplementary material specified above,
to the Board at least 15 days prior to the meeting at which it is
to be considered.
(3)
Be prepared to attend the next regular meeting of
the Board to discuss the preliminary plat.
(4)
Receipt
of a complete preliminary plat. A preliminary plat shall not be considered
complete 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.[1] The time periods for review of a preliminary plat shall
begin upon the filing of such negative declaration or such notice
of completion.
[Added 12-1-2010 by L.L. No. 9-2010]
[1]
Editor’s Note: See Environmental Conservation Law § 8-0101
et seq.
B.
Public hearing. The time within which the Planning
Board shall hold a public hearing on such preliminary plat shall be
coordinated with any hearings the Planning Board may schedule pursuant
to the State Environmental Quality Review Act, in accordance with
New York Town Law § 276(5), as may be amended from time
to time. Such hearing shall be advertised at the expense of the applicant
at least once in the official newspaper in accordance with Town Law
§ 276(5), as may be amended from time to time. The Planning
Board may provide that the hearing be further advertised in a manner
deemed appropriate for full public consideration of the preliminary
plat. The hearing on the preliminary plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
[Amended 12-1-2010 by L.L. No. 9-2010]
C.
The Planning Board shall take action to approve, with
or without modification, or disapprove such preliminary plat in accordance
with Town Law § 276(5), as may be amended from time to time.
The time within which the Planning Board must render its decision
may be extended by mutual consent in writing of the subdivider and
the Planning Board.
[Amended 12-1-2010 by L.L. No. 9-2010]
D.
The ground for a modification, if any, or the ground
for disapproval shall be stated in the records of the Planning Board.
Similarly, when approving a preliminary plat, the Planning Board shall
state in writing what modifications, if any, it deems necessary for
submission of the plat in final form.
E.
Within five days of the date of approval of the preliminary
plat, it shall be certified by the Clerk of the Planning Board as
having been granted preliminary approval, a copy shall be filed in
the Planning Board's office and a certified copy shall be mailed to
the subdivider.
F.
In the event that the Planning Board fails to take
action on a preliminary plat within the prescribed time, such plat
shall be deemed granted preliminary approval. The certificate of the
Town Clerk as to the date of submission and the failure 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.
G.
Approval of the preliminary plat shall expire after
a period of six months unless the subdivider submits the plat in final
form or unless an extension of the six-month period is applied for
and granted by the Board in writing.
H.
Approval of the preliminary plat will not constitute
approval of the final plat, rather, it shall be deemed an expression
of approval of the design submitted in the preliminary plat as a guide
to the preparation of the final plat, which will be submitted for
approval of the Board and for recording upon fulfillment of the requirements
of these regulations and the conditions of the approval, if any.
I.
The Board's approval of the preliminary plat should
be secured before the subdivider undertakes the final survey of streets
and lots and before the start of any grading or construction work
upon the proposed streets.
A.
Within six months of the date of preliminary plat
approval, the subdivider shall:
(2)
Obtain Columbia County Department of Health approval
of the plat as required by the county's Sanitary Code and the approval
of the New York State Department of Transportation, or such other
highway approval as may be required.
(3)
Submit the original and four copies of the final plat
and other required exhibits to the Board with written application
for final plat approval at least 15 days prior to the meeting at which
it is to be considered.
(4)
Be prepare to attend the next regular meeting of the
Board to discuss the final plat.
B.
The plat shall conform substantially to the preliminary
plat as approved.
C.
Agreement with preliminary plat.
[Amended 12-1-2010 by L.L. No. 9-2010]
(1)
Final
plats not in substantial agreement with approved preliminary plat.
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,[1]in accordance with New York Town Law § 276(6)(d),
as may be amended from time to time. Said hearing shall be advertised
in a newspaper of general circulation in the Town in accordance with
Town Law § 276(6)(d), as may be amended from time to time.
The hearing on the final plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
[1]
Editor’s Note: See Environmental Conservation Law § 8-0101
et seq.
(2)
Final
plats which are in substantial agreement with approved preliminary
plans. If the Planning Board deems the final plat to be in substantial
agreement with the approved preliminary plat and the required modifications,
the Planning Board may waive the requirement for a public hearing.
D.
The Planning Board shall, by resolution, conditionally
approve with or without modifications, disapprove or grant final approval
and shall authorize the signing of such plat within 62 days of its
receipt by the Clerk of the Board or, in the event that a public hearing
is held, within 62 days after the date of such hearing, unless the
sixty-two-day time period in which the Planning Board must take action
is extended by mutual consent of the subdivider and the Board in writing.
[Amended 12-1-2010 by L.L. No. 9-2010]
E.
Approval of the final plat will not be granted unless the subdivider has complied with Subsection E(1) and (2) below.
(1)
Improvements; performance bond.
(a)
The subdivider shall have completed all required
improvements in accordance with the standards. specifications and
procedures acceptable to the Board or other appropriate Town departments
designated by the Board; or
(b)
Alternatively, a performance bond sufficient to cover the full cost of the required improvements in Subsection E(1)(a) above, as estimated by the Planning Board or estimated appropriate Town departments designated by the Planning Board, shall be furnished to the Town by the owner. Such performance bond shall be issued by a bonding or surety company approved by the Town Board or by the owner with cash in the form of a certified check to the Town Board and shall also be approved by such Town Board as to form, sufficiency and manner of execution. Such performance bond shall run for a term to be fixed by the Planning Board, but in no case for a term longer than three years; provided, however, that the term of such performance bond may be extended by the Planning Board with the consent of the parties thereto. If the Planning Board shall decide at any time during the term of the performance bond that required improvements have been installed in sufficient amount to warrant reduction in the face amount of said bond, and upon approval by the Town Board, the Planning Board, after due notice and public hearing, may modify such performance bond which may thereupon be reduced by an appropriate amount so that the new bond will cover the cost in full of the remaining improvements required by the Planning Board, and any security deposited with the bond may be reduced proportionately. In the event that any required improvements have not been installed as provided in this section within the terms of such performance bond, the Town Board may thereupon declare said performance bond to be in default and collect the sum remaining payable thereunder, and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such performance bond and as are commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.
(2)
Any required homeowners' association or transportation
corporation has been established.
F.
Within five days of the resolution of approval, the
plat shall be certified by the Clerk of the Planning Board as approved,
a copy shall be filed in the office of the Planning Board, and a certified
copy shall be mailed to the subdivider along with a certified statement
of requirements which, when completed, will authorize the signing
of the conditionally approved plat.
G.
In the event that the Planning Board fails to take
action on the final plat within the specified time, the plat shall
be deemed approved. A certificate of the Town Clerk as to the date
of submission and the failure 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.
H.
Conditional approval of a final plat shall expire
within 180 days after the date of the resolution granting such conditional
approval unless requirements specified by the Board have certified
as completed.
I.
The Planning Board may extend the time in which a
conditionally approved plat in final form must be submitted for signature,
if such extension is warranted by the particular circumstances thereof,
for no more than two additional periods of 90 days each.
J.
Upon receipt of written notification from the Superintendent
that the required improvements have been satisfactorily installed
or a written notification from the Town Attorney or other officer
designated by the Town Board that an acceptable bond has been filed,
the Clerk of the Board will sign the plat, as approved by the Board.
Such approval in no way constitutes an acceptance by the Town of the
dedication of any street, parks or other open public spaces.
K.
The final approval of the Planning Board of the plat
or the certificate of the Town Clerk as to the date of submission
for which no hearing was duly held, or the date of hearing for the
approval or disapproval of such plat, as the case may be, and the
failure of the Planning Board to take action thereon within the time
prescribed, shall expire 60 days from the date of such approval or
of such certificate unless within such sixty-day period such plat
shall have been duly filed by the subdivider in the office of the
Columbia County Clerk or unless an application for an extension of
time is made in writing to the Board and granted within said sixty-day
period. Any changes, modifications or revisions to the plat after
the approval of the plat shall void such approval.
L.
Upon the filing of the plat with the County Clerk's
office, the subdivider shall obtain the County file number and shall
enter the number and date of filing on four black-and-white or blue-and-white
paper prints which shall be delivered to the Board.
A.
After the final plat is approved and filed, the streets,
highways and parks shown on such plat shall become a part of the plan
of the Town; however, every street shown on the filed plat shall be
deemed to be a private street until such time as it has been formally
offered for cession to the public and formally accepted as a public
street by resolution of the Town Board or, alternatively, until it
has been condemned by the Town for use as a public street.
B.
The filing of the plat in the office of the County
Clerk shall constitute a continuing offer of dedication of such streets,
highways or parks to the public, and said offer of dedication may
be accepted by the Town Board at any time; however, formal offers
of cession to the public of all streets, highways or parks on the
plat, along with proof of legal title to the land being offered, shall
be filed with the Planning Board prior to the approval of the plat
by the Board. In the event that the subdivider does not file the plat
prior to the expiration for such filing, such formal offers of cession
shall be deemed to be invalid, void and of no effect on and after
such expiration date.
