Whenever any subdivision of land is proposed to be made, and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures.
A.
Submission of sketch plan Any owner of land shall, prior to subdividing or resubdividing land or implementing a lot line adjustment, submit to the Clerk of the Planning Board at least three weeks prior to the regular meeting of the Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 202-30, for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of this chapter for street improvements, drainage, sewerage, water supply, fire protection, and other improvements, as well as the availability of existing services and other pertinent information. At such meeting, the Planning Board shall also discuss the requirements of Chapter 245, Zoning, including all relevant siting guidelines, and shall indicate whether a flexible lot subdivision may be required.
(2)
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a lot line adjustment, minor subdivision, or major subdivision as defined in this chapter. The Board may require, however, when it deems it necessary for protection of the public health, safety, or welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is determined to be a lot line adjustment, the Planning Board shall follow the procedure outlined in § 202-13. If the sketch plan is classified as a minor subdivision, the subdivider shall comply with the procedure outlined in § 202-14 of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 202-15, 202-16 and 202-17.
C.
Study of sketch plan. At the above meeting, the Planning Board shall determine whether the subdivision plat meets the purposes of this chapter and shall, where it deems necessary, make specific recommendations in writing to be incorporated by the applicant in the next submission to the Planning Board.
If the Planning Board determines that the sketch plan is a lot line adjustment, it shall determine by resolution that the proposed lot line adjustment does not constitute a subdivision as defined in this chapter, and shall empower a duly authorized officer to make a notation to that effect upon the sketch plan and to sign such plan which may then be filed by the applicant in the office of the County Clerk. The sketch plan to be filed with the County Clerk shall be no larger than 22 inches by 44 inches.
A.
Application and fee.
(1)
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 subdivision 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. Such application shall also conform to the requirements listed in § 202-31A.
(2)
All applications for plat approval for minor subdivisions shall be accompanied by a minor subdivision application fee in the amount established by resolution of the Town Board, which fee shall be credited to the Town General Fund. (See attached fee schedule.[1])
[1]
Editor's Note: Said fee schedule is on file in the office of the Town Clerk.
B.
Number of copies. Six copies of the subdivision plat shall be presented to the Clerk of the Planning Board at the time of submission of the subdivision plat.
C.
Agricultural data statement notification. Upon receipt of a minor subdivision plat application containing an agricultural data statement, the Clerk of the Planning Board shall mail a copy of the agricultural data statement to the owners of land identified by the subdivider in the agricultural data statement. The cost of mailing the notice shall be borne by the subdivider.
D.
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the subdivision plat.
E.
Study of plat. The Planning Board shall study the practicability of the plat taking into consideration the requirements of the community, the best use of the land being subdivided, the rural or hamlet siting guidelines (as appropriate), and the impacts of the proposed subdivision on the functioning of farm operations in an agricultural district as shown in any agricultural data statement. 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, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Master Plan and Chapter 245, Zoning.
F.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fees and all data required by § 202-31 of this chapter, has been filed with the Clerk of the Planning Board, and the Planning Board has issued a negative declaration (or if appropriate, accepted a draft environmental impact statement), under the State Environmental Quality Review Act.[2]
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
G.
Public hearing. A public hearing shall be held by the Planning Board within 62 days from the date of submission of the subdivision plat for approval. Such hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing.
H.
Action on subdivision plat. The Planning Board shall, within 62 days from the date of the public hearing, act to conditionally approve, conditionally approve with modification, disapprove, or grant final approval and authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. In the event the Planning Board fails to take action on a subdivision plat within the time prescribed herein, or for such extended period established by the mutual consent of the subdivider and the Planning Board, the plat shall be deemed approved, and a certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand, and shall be sufficient in lieu of written endorsement of other evidence of approval herein required.
I.
Conditional approval. Upon granting conditional approval with or without modification to the plat, the Planning Board shall empower a duly authorized officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be certified by the Clerk of the Planning Board as conditionally approved, and a copy filed in his office, and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Upon completion of such requirements, the plat shall be signed by the duly designated officer of the Planning Board. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if, in its opinion, such extension is warranted in the circumstances, for additional periods of 90 days each.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in § 202-32 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law, and § 202-32 of this chapter, except where a waiver may be specifically authorized by the Planning Board.
(2)
The application for approval of a preliminary plat shall be accompanied by a preliminary plat fee in the amount established by the Town Board, which shall be credited to the Town General Fund. (See attached fee schedule.[1])
[1]
Editor's Note: Said fee schedule is on file in the office of the Town Clerk.
(3)
The subdivider shall also be responsible for all reasonable engineering, planning, legal, and other project review costs incurred by the Town in connection with the subdivision application. The application for approval of the preliminary plat shall be accompanied by a deposit to a project review reserve fund in an amount established by the Planning Board. Any project review funds not expended by the Town in the consideration and review of the subdivider's application shall be returned to the subdivider upon completion of the subdivision process or the withdrawal of the subdivision application. All costs incurred by the Town which are in excess of the funds deposited shall be paid by the subdivider to the Town prior to final approval of the subdivision plat. The Town reserves the right to request additional deposits to the project review reserve fund if necessary to cover additional costs.
B.
Number of copies. Six copies of the preliminary plat shall be presented to the Clerk of the Planning Board at the time of submission of the preliminary plat.
C.
Agricultural data statement notification. Upon receipt of a major subdivision plat application containing an agricultural data statement, the Clerk of the Planning Board shall mail a copy of the agricultural data statement to the owners of land identified by the subdivider in the agricultural data statement. The cost of mailing the notice shall be borne by the subdivider.
D.
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.
E.
Study of preliminary plat. The Planning Board shall study the practicability of the plat taking into consideration the requirements of the community, the best use of the land being subdivided, the rural or hamlet siting guidelines (as appropriate), and the impacts of the proposed subdivision on the functioning of farm operations in an agricultural district as shown in any agricultural data statement. 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, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Master Plan and Chapter 245, Zoning.
F.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and project review fund deposit, and all data required by § 202-32 of this chapter has been filed with the Clerk of the Planning Board, and the Planning Board has either issued a negative declaration or accepted a draft environmental impact statement as complete pursuant to the State Environmental Quality Review Act.[2]
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
G.
Approval of the preliminary plat.
(1)
Within 62 days after the receipt of such preliminary plat by the Clerk of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems appropriate for full public consideration of such preliminary plat. Within 62 days after the date of such hearing, the Planning Board shall approve with or without modification or disapprove the preliminary plat, and the ground of the modification, if any, or the ground for disapproval, shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on the plat may be extended by mutual consent of the subdivider and the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing such modifications, if any, as it deems necessary for submission of the plat in final form. Within five days of the approval of the preliminary plat, it shall be certified by the Clerk of the Planning Board as granted preliminary approval and a copy filed in his office, a certified copy mailed to the owner, and a copy forwarded to the Town Board. In the event the Planning Board fails to take action on a preliminary plat within the time prescribed therefor, such preliminary plat shall be deemed granted preliminary approval. The certificate of the Town Clerk as to the date of submission, and the failure of the Planning Board to take action within such prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
(2)
When granting approval of a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to:
(a)
The modifications it requires to the preliminary plat;
(b)
The character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals, and general welfare; and
(c)
The amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat.
(3)
Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the subdivision plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of this chapter. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study on the subdivision in final form or as a result of new information obtained at the public hearing.
A.
Application for approval and fees. The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, using the approved application blank available from the Clerk of the Planning Board. All applications for plat approval for major subdivision shall be accompanied by an additional deposit to the project review reserve fund if requested by the Planning Board and by a major subdivision plat fee in the amount established by resolution of the Town Board, which fee shall be credited to the Town General Fund. (See attached fee schedule.[1]) If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may revoke preliminary plat approval.
[1]
Editor's Note: Said fee schedule is on file in the office of the Town Clerk.
B.
Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Clerk of the Board with a copy of the application and four copies of the plat, the original and one true copy of all offers of cession, covenants, conservation easements, homeowners' association and other agreements, and two prints of all construction drawings.
C.
When officially submitted. The time of submission of the final subdivision plat shall be considered to be the date on which the application for approval of the final subdivision plat, complete and accompanied by the required fee and project review reserve fund deposit and all data required by § 202-33 of this chapter, has been filed with the Clerk of the Planning Board.
D.
Endorsement of state, county, and Town agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Columbia County Department of Health. The subdivider shall file applications for approval of plans for water or sewer facilities with all necessary Town, city, county, and state agencies. Endorsement and approval by the Columbia County Department of Health shall be secured by the subdivider before official submission of the subdivision plat.
E.
Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this section, the Planning Board shall by resolution conditionally approve with or without modification, disapprove, or grant final approval and authorize the signing of such plat, within 62 days of its receipt by the Clerk of the Planning Board.
F.
Final plats which are not in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section, the following shall apply:
(2)
The Planning Board shall hold a public hearing on such final plat not later than 62 days after the receipt of the final plat. The hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing.
(3)
The Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat, within 62 days after the date of the public hearing. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions of this section, the period in which the Planning Board must take action on such final plat may be extended by mutual consent of the subdivider and the Planning Board. In the event the Planning Board fails to take action on a final plat within the time prescribed herein, or for such extended period established by the mutual consent of the owner and the Planning Board, the plat shall be deemed approved, and a certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand, and shall be sufficient in lieu of written endorsement of other evidence of approval herein required.
G.
Conditional approval. Upon granting conditional approval with or without modification to the plat, the Planning Board shall empower a duly authorized officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be certified by the Clerk of the Planning Board as conditionally approved, and a copy filed in his office, and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Upon completion of such requirements, the plat shall be signed by the duly designated officer of the Planning Board. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if, in its opinion, such extension is warranted in the circumstances, for additional periods of 90 days each.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below.
(1)
In an amount set by the Planning Board, the subdivider shall either file with the Town Clerk a certified check or irrevocable letter of credit to cover the full cost of the required improvements, or the subdivider shall file with the Town Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 277 of Town Law and shall be satisfactory to the Town Board and Town Engineer as to form, sufficiency, manner of execution, and surety. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.
(2)
The subdivider shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Planning Board. For any required improvements not so completed, the subdivider shall file with the Town Clerk a bond or certified check covering the costs of such improvements and the cost of satisfactorily installing any improvement not approved by the Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Engineer as to form, sufficiency, manner of execution, and surety.
B.
Modification of design of improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Planning Board. The Town Engineer shall issue any authorization under this Subsection B in writing, and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
C.
Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall pay to the Town Clerk the inspection fee required by the Town Board and shall notify the Town Board in writing of the time when he proposes to commence construction of the improvements so that the Town Board may cause inspection to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required by the Planning Board.
D.
Proper installation of improvements. If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, Building Inspector, and Planning Board. The Town Board shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the Town's rights under the bond. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.
A.
Final approval and filing.
(1)
Upon completion of the requirements in §§ 202-16 and 202-17 of this chapter, and notation to that effect upon the subdivision plat, the plat shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the subdivider in the office of the County Clerk.
(2)
Any subdivision plat not filed or recorded within 62 days of the date upon which the plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void. Plats approved in sections shall comply with applicable provisions of § 276 of the Town Law.
B.
Plat void if revised after approval. No changes, erasures, modifications, or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless the plat is first resubmitted to the Planning Board and the Planning Board approves such modifications. In the event that any subdivision plat is recorded without complying with this requirement, it 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.
A.
Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement, or other open space on the subdivision plat.
B.
Ownership and maintenance of recreation areas. When a park, playground, or other recreational area is shown on a plat, the approval of the plat shall not constitute an acceptance by the Town of the area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the subdivider and the Town Board covering future deed and title, dedication, and provision for the cost of grading, developments, equipment, and maintenance of any such recreation area.
It is the policy of the Town to discourage the construction of new Town roads in rural parts of the Town, except where new through roads may be needed. Therefore, in appropriate circumstances, properly constructed private roads shall be encouraged. Such roads may be unpaved and may be narrower than the Town road specifications require for roads accepted by the Town.
A.
Applicability. A private road subdivision (PRS) shall be allowed in any subdivision of land in the RU District, provided that total development on the road is limited to no more than 10 lots.
B.
C.
PRS procedures and standards.
(1)
The applicant shall submit to the Planning Board a professional engineer's drawings showing the location, dimensions, and grade of the road, as well as the specifications setting forth the proposed composition of the road.
(2)
Written comment from the Town Superintendent of Highways and approval by the engineer retained by the Town shall be secured before Planning Board approval of any private road.
(3)
A homeowners' association (HOA) must be created to own and provide for the perpetual care and maintenance of the private road, unless a waiver is granted pursuant to Article VI. Such HOA shall meet all requirements for an open space HOA set forth in § 245-23D(2) of Chapter 245, Zoning. The HOA must have the power to assess the subdivision lot owners for their share of the maintenance costs of the private road. The HOA shall contract directly with the Town or a qualified road contractor to ensure that the road will always be maintained and kept open to permit emergency vehicle access. In the event that a private road contractor does not properly maintain the road, the Town may assume maintenance responsibilities and charge the HOA for all reasonable costs thereof. Such costs, if unpaid for more than 60 days, shall become a lien on all properties in the subdivision, enforceable in the same manner as a property tax lien. The Planning Board shall have discretion to determine whether the applicant should be required to establish a maintenance fund at the time of approval and, if so, how much of a deposit should be required. The Planning Board shall also have discretion to determine whether a performance bond must be posted by the applicant to ensure the proper completion of the private road and, if so, how much the performance bond shall be and what form it shall take.
(4)
The private road may never be offered for dedication to the Town unless it conforms to Town highway specifications in effect on the date of the offer of dedication. However, the Town Board shall be under no obligation to accept such an offer of dedication, even if the road conforms to Town highway specifications. In the event such dedication becomes necessary to ensure public safety, the cost of bringing the road up to Town highway specifications shall be borne by the homeowners' association (HOA).
(5)
The HOA shall contract with the Town to provide at regular intervals (to be determined by the Planning Board) a written certification from a licensed professional engineer that the physical integrity of the private road is adequate to meet its present needs and the needs which can reasonably be anticipated in the future.
(6)
The lots in the subdivision may never be subdivided beyond the number of lots permitted in Subsection A, regardless of whether the private road remains a private road. This restriction on subdivision shall be implemented by a recorded deed restriction or conservation easement enforceable by the Town.
(7)
The subdivision plat shall show the road clearly labeled PRIVATE ROAD.
(8)
Design standards. The following are minimum standards for construction of private roads:
(a)
All construction shall be in accordance with this chapter and shall be under the immediate inspection, supervision, and approval of the Planning Board.
(b)
The right-of-way for a private road shall be not less than 40 feet wide with a travelled way not less than 18 feet wide.
(c)
Whenever possible and as far as practicable, roads shall follow natural contours.
(d)
Minimum curve radius shall be 60 feet, minimum tangent distance between reverse curves shall be 30 feet.
(e)
Grade shall not exceed 15% nor be less than 1%. Grade shall not be greater than 2% within 30 feet of an intersection.
(f)
The subgrade and foundation course shall be constructed as required by Town highway specifications.
(g)
The wearing surface shall consist of at least two inches of crushed stone or gravel.