Article III Application Procedure

Any owner of land shall, prior to subdivision or resubdividing land, submit to the Planning Board or its Clerk, at least 10 days prior to the regular meeting of the Board, three copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article VI, § 319-41, for the purposes of classification and preliminary review and discussion. An application for sketch plan review must also be completed and submitted at this time.

The applicant, or his duly authorized agent, shall attend the meeting of the Planning Board to discuss the requirements of these regulations for road improvements, sewage, water supply, fire protection, flood protection and similar aspects, as well as the availability of existing services and other pertinent information.

Classification of sketch plan.

At this time, the Planning Board shall classify the sketch plan as a simple, minor or major subdivision as defined in these regulations.

If the Planning Board classifies the sketch plan as a simple subdivision, then the applicant is free to divide his/her property as proposed without the necessity for public hearing or final plat approval of the Planning Board.

If the sketch plan is classified as a minor subdivision, the applicant shall then comply with the procedure outlined in Article III, §§ 319-18 and 319-21, of these regulations. If it is classified as a major subdivision, the applicant shall then comply with the procedures outlined in Article III, §§ 319-19, 319-20, 319-21, and 319-22, and Article IV. The Board may require, when it deems necessary for protection of the public safety and welfare, that a major subdivision comply with all or some of the requirements specified for major subdivisions.

State Environmental Quality Review Act (SEQR) requirements. The Planning Board shall also determine the applicability of SEQR, and shall require than an applicant submit, as a minimum requirement, a short-form environmental assessment form (EAF). An environmental assessment form (EAF), to be completed by the applicant, is required if the proposed subdivision is classified as Type I or unlisted according to the SEQR Act. A completed EAF will assist the Planning Board in determining the environment significance of the project.

Sketch plan review and recommendations.

The Planning Board, in studying the sketch plan, shall take into consideration the requirements of these standards and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of roads, their relationship to the topography of the land, sewage disposal, drainage, lot sizes and arrangements, road frontage, impact on historical sites, wildlife habitat, the further development of adjoining land as yet unsubdivided, and the goals and objectives of the Town Comprehensive Plan as it may exist.

The Planning Board shall review the location of the proposed subdivision for the presence of any adverse natural considerations limiting development on the site as indicated by the development limitations maps on file in the Town office. If the site falls into areas on the soils map denoted as having "severe" or "very severe" limitations within flood hazard areas, or areas of steep slope, or areas of unique hydrologic natural habitat areas (including wetlands), the Planning Board may require the applicant to consult with appropriate technical review or assistance agencies (such as, but not limited to, the Soil Conservation Service, Department of Environmental Conservation, Army Corps of Engineers, and Rensselaer County Health Department) to determine appropriate measures to mitigate or eliminate any problems or conflicts. The findings or recommendations of such agencies shall not be binding on the Planning Board or applicant. The Planning Board may require that design techniques, such as clustering, be used to avoid development in these critical areas and shall not approve a preliminary or final plat which has failed to adequately address these critical resource concerns (soil, flood hazards, steep slopes, hydrologic and natural habitat resources). The Planning Board may transmit copies of the sketch plan to other interested officials or agencies of government for review and comment as may be necessary. Written comments, if any, from these officials and agencies shall be required within 30 days of their receipt of the sketch plan.

§ 319-18 Approval of minor subdivisions.

After reviewing the sketch plan and reports, as may be submitted, the Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems necessary, make specific recommendations, in writing, to be incorporated by the applicant into the next submission to the Planning Board. Such recommendations shall be made 45 days from the time the sketch plan was initially reviewed by the Planning Board.

Application and fee.

Within six months after Planning Board classification of the sketch plan as a minor subdivision, the applicant shall submit an application in duplicate for approval of a minor subdivision plat. Failure to do so may require resubmission of the sketch to the Planning Board for reclassification.

The plat shall conform to the layout shown on the sketch plan, plus any recommendations or conditions established by the Planning Board, and to the requirements listed in Article VI, § 319-42, of these regulations. All applications shall be accompanied by a fee established by the Planning Board and on file in the Town Clerk's office.

Three copies of the minor subdivision plat shall be presented to the Clerk of the Planning Board at least 14 days prior to a regularly scheduled meeting of the Planning Board. The applicant, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the minor subdivision plat.

An environmental assessment form (EAF) completed by the applicant for the proposed subdivision shall, if required, be available for review at this meeting of the Planning Board. The statement should consider potential impacts of the development as anticipated by the developer.

(5)

The time of submission of the minor subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 14 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article VI, § 319-42, of these regulations, has been submitted to the Planning Board Secretary.

Referrals. When applicable, the Clerk of the Planning Board, upon receipt of a minor subdivision plat, shall present a copy of said plat to the Rensselaer County Planning Board for its review and report in accordance with the provisions of § 239-n of Article 12-B of General Municipal Law. Notice shall be provided to adjacent municipalities where required by General Municipal Law § 239-nn.

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

Public hearing. A public hearing shall be held by the Planning Board within 62 days of the time of submission of the minor subdivision plat for approval. The hearing must be advertised at least once in a newspaper or general circulation in the Town at least five days prior to the hearing. The applicant shall notify by certified mail, at least five days in advance, the owners of the property abutting the proposed subdivision and directly across any adjoining road and shall furnish the Planning Board with post office receipts as proof of notification. The Planning Board may notify other persons as it deems necessary.

Action on minor subdivision plat.

The Planning Board shall, within 62 days from the date of said public hearing, act to approve, conditionally approve with or without modifications, or disapprove such minor subdivision plat and so indicate on the plat. Failure to act within the stated time period or mutually agreed-upon extension thereof shall constitute approval of the plat. The Planning Board resolution granting conditional approval, with or without modification, of the plat shall also 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 Planning Board as conditionally approved. A copy of such certification shall be filed in the office of the Planning Board Clerk and a certified copy mailed to the applicant; the copy mailed to the applicant shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat.

Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval. Conditional approval may, at the discretion of the Planning Board, be extended for periods of 90 days each. Within such 180-day period, or any extension thereof, granted by the Planning Board, the conditionally approved minor plat must be submitted for the Planning Board signature of final approval. Upon receiving the signature of final approval, the minor subdivision plat shall be filed in the offices of the County Clerk in accordance with the provisions of Article III, § 319-21, of these regulations.

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

§ 319-19 Preliminary plat for major subdivision.

In the event of disapproval of a minor subdivision plat, the Planning Board shall fully set forth the reasons for such disapproval in its resolution and formally notify the applicant, in writing, of the reason(s) for disapproval.

Application and fee.

Within six months after Planning Board classification of the sketch plan as a major subdivision, the applicant shall file an application for approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in accordance with Article VI, § 319-43, of these regulations, except where a waiver may be specifically authorized by the Planning Board.

Eight copies of the preliminary plat shall be presented to the Clerk of the Planning Board at least 14 days prior to a regular meeting of the Planning Board. The application for approval of the preliminary plat shall be accompanied by a fee set by the Planning Board and on file in the Town Clerk's office.

The time of submission of the preliminary plat shall be considered to be the date of the regular meeting of the Planning Board, at least 14 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by all data required by Article VI, § 319-43, of these regulations, has been filed with the Secretary of the Planning Board.

Referrals. When applicable, the Planning Board shall, upon initial review, refer the preliminary plat to the Rensselaer County Health Department for its review and recommendation as required by § 239-n of Article 12-B of the General Municipal Law. In addition, the Planning Board shall refer the preliminary plat to other county or state agencies which have or may have jurisdiction of review or approval of the subdivision. If the subdivision meets any Type I threshold listed in Part 617.12 of the SEQR regulations, lead agency for the SEQR process shall be determined according to procedures outlined in § 617.6 of the SEQR regulations. Notice shall be provided to adjacent municipalities where required by General Municipal Law § 239-nn.

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

Study of preliminary plat.

The applicant or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.

The Planning Board shall study the practicality of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location, width, and design of roads and their relation to the topography, water supply, sewage disposal, surface drainage, lot sizes and arrangement, potential flood hazards, the future development of adjoining lands as yet unsubdivided, and the recommendations and requirements of the plan, the Official Map, and zoning regulations, if such exist.

The Planning Board may schedule a field trip to the proposed subdivision site, accompanied by the applicant or his agent. In order to facilitate field inspection and review of the site, temporary staking along center lines of all proposed roads at fifty-foot intervals and front lot corners may be required.

A determination of no significant environmental impact (negative declaration) or a draft EIS is required by the designated lead agency before the subdivision may be approved. The Planning Board shall notify other agencies that have authority to review the subdivision of this determination.

Public hearing. Within 62 days after the time of submission of a preliminary plat, the Planning Board shall hold a public hearing on said plat. The hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing. This public hearing shall also be used to solicit comments on the draft EIS under SEQR, if required. The applicant shall notify by certified mail all property owners within 500 feet of the outside perimeter of the proposed subdivision, at least five days prior to the public hearing, and shall furnish the Planning Board with post office receipts as proof of notification. The Planning Board may notify other persons or agencies as it deems necessary.

Action on preliminary plat.

Within 62 days from the date of such public hearing, the Planning Board shall take action to approve, conditionally approve with or without modifications, or disapprove such preliminary plat, and the grounds for any modification required or the grounds for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such preliminary plat may be extended by mutual consent of the applicant and the Planning Board.

If the Planning Board disapproves the preliminary plat, it shall direct the Chairman to notify the applicant, in writing, of the specific reasons for disapproval.

Approval of preliminary plat.

When granting approval to a preliminary plat, the Planning Board shall state the conditions of such approval, if any, with respect to:

(a)

The specific changes which will be required in the final subdivision plat.

(b)

The character and extent of the required improvements for which waivers may have been requested and which, in the Planning Board's opinion, may be waived without jeopardy to the public health, safety, morals, and general welfare.

(c)

The amount of the improvement or the amount of all bonds thereof which will be required as a prerequisite to the approval of the subdivision plat.

Within five days of conditional preliminary plat approval, the action of the Planning Board, plus any conditions attached thereto, shall be noted on, or attached to, three copies of the preliminary plat. One copy shall be returned to the applicant, one retained by the Planning Board and one forwarded to the Town Clerk.

§ 319-20 Final plat for major subdivision.

Approval of a preliminary plat shall not constitute approval of the subdivision plat. Rather, it shall be deemed an expression of approval of the design submitted on the preliminary plat, which will be submitted for approval of the Planning Board and for recording with the County Clerk. Prior to approval of the final subdivision plat, the Planning Board may require additional changes as a result of further study or new information obtained.

Model homes. For the purpose of allowing the early construction of model homes in a subdivision, the Planning Board, in its discretion, may permit a portion of a major subdivision involving no more than three lots to be created in accordance with the procedures for minor subdivisions, provided said portion derives access from existing state, county, or Town highway and provided no future road or other improvement is anticipated where said lots are proposed. The subdivision plat for the "minor" portion shall be submitted to the Planning Board simultaneously with the preliminary plat for the entire subdivision. After preliminary approval, the model may be constructed, subject to such additional requirements that the Planning Board may require.

Application and fee.

The applicant 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. The application and accompanying data shall conform to the requirements of Article VI, § 319-44, of these regulations. If the final plat is not submitted within the six months, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.

The applicant shall provide the Planning Clerk with two copies of the application, three copies of the final plat, the original and one copy of all offers of cession, covenants and agreements, and two prints of all construction drawings, at least 14 days in advance of the regular Planning Board meeting at which the plat is to be officially submitted. The application for approval of the final plat shall be accompanied by a fee set by the Planning Board and on file in the Town Clerk's office.

The time of submission of the final plat shall be considered to be the date of the regular meeting of the Planning Board at least 14 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article VI, § 319-44, of the regulations, has been filed with the Secretary of the Planning Board.

Evidence shall be supplied that any proposed water supply and sewage disposal facilities associated with the subdivision plat requiring approval by the Department of Health shall have received at least preliminary approval(s) of such facilities.

Public hearing. A public hearing on the final plat may be held by the Planning Board if the Board deems that there are substantial changes from the preliminary plat. Such hearing shall be held within 62 days after the time of submission of the final plat for approval and shall be advertised in the same manner the previous public hearing for the preliminary plat approval. Adjacent property owners shall also be notified by the applicant as specified in preliminary plat approval. This hearing may be waived by the Planning Board.

Action on final plat.

The Planning Board shall, within 62 days of the date of submission of the final subdivision plat, if no hearing is required (or within 45 days of second public hearing if required), approve, conditionally approve with or without modifications, or disapprove said plat and so indicate on the plat. This time period may be extended by mutual consent of the applicant and Planning Board. Failure to act within the stated time period, or a mutually agreed-upon extension thereof, shall constitute approval of the plat.

A resolution of conditional approval shall also duly authorize and empower an officer of the Planning Board to sign the plat for recording with the County Clerk. However, the final plat shall not be signed until the applicant has complied with Article IV of these regulations. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval, except that this time may be extended by the Planning Board for periods of 90 days each.

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

If a draft environmental impact statement is required, the Planning Board's action on the final plat shall include either a negative declaration or the final EIS and a statement of findings on the subdivision as required under § 8-0109-8 of the SEQR Act of 1975, as amended.