The owner/applicant shall submit the required application, supporting materials and maps as described in Articles V, VI and VII below. Six copies of the application and of the complete set of application maps and materials shall be submitted to the Clerk of the Planning Board at least seven days prior to the next scheduled meeting of the Planning Board in order to be guaranteed placement on that meeting agenda.
All applications for plat approval shall be accompanied by the
required fee as established by the Town Board. Whenever the Planning
Board deems it appropriate to retain a consultant(s) (including an
engineer, planner, attorney and/or surveyor) to assist the Planning
Board in reviewing a subdivision proposal, said costs shall be reimbursed
by the applicant as part of the subdivision fee. A consultant may
be appropriate when a subdivision proposal involves technical issues
for which review by an independent consultant would assist the Planning
Board in making a decision. In such a case, the Board shall provide
the applicant the reasons for retaining the consultant and require
the applicant to submit a deposit based on the consultant's fee
and disbursement estimate for services to be rendered in connection
with the proposed subdivision. Said estimate for consultant services
shall be approved by the Planning Board. Said sum shall be held by
the Town to pay its consultant for such services and shall be considered
part of the subdivision fee. The estimate may be modified or the initial
deposit may have to be supplemented by the applicant during the review
process depending on the issues encountered during the review process.
The Town shall return to the applicant any portion of the deposit
which is not used by Town for payment of consultant fees and consultant
disbursements. The consultant must submit detailed invoices describing
the services rendered and the time spent for such services. The applicant
shall receive copies of invoices prior to payment. All costs for consultants
retained by the Planning Board, including engineering, planning, and/or
legal consulting or other project costs deemed necessary by the Planning
Board, for either a minor or a major subdivision, shall be borne by
the applicant and shall be paid in full prior to the endorsement of
the subdivision map.
The owner or applicant, or that person's duly authorized
representative, shall attend the meeting of the Planning Board to
discuss the subdivision application.
The time of submission of the subdivision application shall
be considered to be the date of the Planning Board's regular
meeting on or before which the application for plat approval, complete
and accompanied by the required fee and all data required by this
chapter, has been filed with the Clerk of the Planning Board. The
application shall not be considered complete for purposes of the commencement
of the review time periods and scheduling of the public hearing until
the Planning Board determines, by motion passed at a meeting of the
Planning Board, that the application and all of the required materials
and submissions have been made, are complete and are compliant with
this chapter. The time periods for review of the plat shall begin
upon the Planning Board's determination of completion.
The Planning Board shall study the subdivision application and
plat, taking into consideration the requirements of the Town Zoning
Code, other applicable local laws, and the suitability of the land
being subdivided. Particular attention shall be given to the arrangement,
location and width of roads, their relation to the topography of the
land, road requirements or road maintenance agreements, water supply,
sewage disposal, drainage, lot sizes and arrangement, the future development
of adjoining lands as yet not subdivided, the environmental assessment
form and impact statement, if any, and the policies of the Comprehensive
Plan.
In any application for a subdivision that will require access
from a state, county or Town road, the applicant will forward copies
of the plat to the appropriate agency for review and comment, with
proof of such submission to be filed with the application, along with
responses received from those agencies up to the date of submission
and continuing through the Planning Board review process.
A.
Applications requiring agricultural data statements. Any application
for a subdivision that would occur on property within an agricultural
district containing a farm operation or on property within 500 feet
of a farm operation located in an agricultural district shall include
an agricultural data statement. The agricultural data statement must
contain 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 whose 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. The Planning
Board shall evaluate and consider the agricultural data statement
in its review of the possible impacts of the proposed project upon
the functioning of farm operations within such agricultural district.
B.
Upon receipt of such application by the Planning Board, the Clerk
of such Board shall mail written notice of such application to the
owners of land as identified by the applicant in the agricultural
data statement. Such notice shall include a description of the proposed
project and its location and may be sent in conjunction with any other
notice required by state or local law, ordinance, rule or regulation
for said project. The cost of mailing said notice will be borne by
the applicant.
C.
In the case of any proposed residential development that abuts agricultural
uses, the Planning Board shall require the applicant to issue a disclosure,
as per New York State Agriculture and Markets Law § 25-AA,
to potential purchasers of lots as follows: "This property adjoins
land used for agricultural purposes. Farmers have the right to apply
approved chemical and organic fertilizers, pesticides, and herbicides,
and to engage in farm practices which may generate dust, odor, smoke,
noise and vibration." This disclosure shall be required as a note
on a subdivision plat.
The Planning Board may waive certain application information
requirements where it determines that such information is not relevant,
or is not otherwise required, to conduct review of the application.
The Planning Board may waive, when reasonable, any requirements for
improvements for the approval, approval with modifications, or disapproval
of subdivisions submitted for its approval. Any such waiver, which
shall be subject to appropriate conditions, may be exercised in the
event any such requirements or improvements are found not to be necessary
in the interests of the public health, safety, and general welfare,
or are found to be inappropriate because of the particulars of the
subject property, surrounding area and properties, and the features
of the proposed subdivision. Such waiver, however, shall not have
the effect of nullifying the intent and purpose of this chapter.
A.
The applicant shall apply for and justify a request for waiver in
writing.
B.
The Planning Board, in considering a request for a waiver, shall
consider the impact of granting the waiver and may require that the
requested waiver be a subject for the public hearing.
C.
When granting a waiver, the Planning Board shall issue, in writing,
its decision and reasons for granting such waiver.
A.
Maximum density, per Zoning Code § 195-15. For all subdivisions in any zoning district, each lot shall conform to the minimum lot area required under § 195-15A of the Town Zoning Code. For any subdivision located, in whole or in part, within the Rural Residential (RR) Zoning District of the Town where the parcel to be subdivided is equal to or greater than four acres, the maximum number of lots allowed for the parent parcel shall adhere to the density requirements set forth in Table B of § 195-15B of the Zoning Code.
B.
Open space (bonus density). For any subdivision located, in whole or in part, within the Rural Residential (RR) Zoning District of the Town where the parcel to be subdivided is equal to or greater than 30 acres, the maximum number of lots allowed may be increased at the option of the owner or applicant if open space is set aside and maintained pursuant the requirements of Table C of § 195-15C and the open space is created and maintained pursuant to the requirements of § 195-16.
C.
Pursuant to § 195-15D of the Town Zoning Code, parcels of land subdivided after the effective date of the Zoning Code (June 11, 2009) may not be further subdivided if doing so would create a greater number of lots than would be permitted with the original subdivision of the parent parcel under § 195-15.
