As set forth in Article III above, the Planning Board, during the sketch plan/pre-application stage or upon official submission of an application (§ 167-404 above), shall determine whether a proposed subdivision of land will be classified as a minor or major subdivision as such terms are defined in this chapter (see Article II). Such determination shall be based upon the information provided by the applicant on the sketch plan or application submission. If the Planning Board classifies the application as a minor subdivision, the applicant shall then comply with the procedures set forth in this Article VI.
The purpose of distinguishing proposed subdivisions of land
into either minor or major subdivision classifications is to save
the applicant time and expense by waiving, where appropriate, certain
requirements applicable to major subdivisions, including, among other
things, the requirements of the preliminary plat submission, review
and approval.
A.
A minor subdivision is the division of a parcel of land: 1) into
no more than four lots; 2) all of which front an existing road; 3)
which does not involve a new proposed road or extension of municipal
facilities; 4) which does not adversely effect the development of
the parcel or adjoining properties; 5) which does not adversely affect
the surrounding environment; 6) which has not been previously subdivided
for a period of 10 years; and 7) which is in conformance with the
Comprehensive Plan, the requirements of the Zoning Law and the objectives
of this chapter. However, even if the above conditions for a minor
subdivision classification are met, the Planning Board may still require
that a minor subdivision comply with all or certain of the requirements
for a major subdivision if the Planning Board deems that such requirements
are necessary, under the circumstances involved, for the protection
of the health, safety and general welfare of the public.
B.
No more than a total of four lots may be created either simultaneously
or sequentially from a parent parcel under classification as a minor
subdivision. Should more than that total number of lots be applied
for at any time in the future, the applicant will have to include
all the information required for a major subdivision for the previously
subdivided lots as well as for the lots under consideration in the
application.
A.
Submission of minor subdivision plat. The applicant shall submit a completed minor subdivision application and the other documents and information specified in Subsection B below to the Planning Board Chairperson or Planning Board Clerk seven days prior to the next regularly scheduled Planning Board meeting.
B.
Submission requirements.
(1)
The minor subdivision plat and other submissions for a minor
subdivision to the Planning Board Clerk shall include the following:
(a)
Six paper copies and a .pdf copy of the minor subdivision plat,
drawn accurately to a scale not less than 200 feet to the inch, which
shall show:
[1]
All existing and proposed property lines, present zoning and
building setback lines, easement and right-of-way lines with dimensions,
bearings or angle data, and curve data.
[2]
The name and address of the applicant and record owner (if different
from the applicant). If the applicant is not the owner of record,
but an authorized representative of the owner, a notarized letter
of consent signed by the land owner must also be submitted.
[3]
The bearings, distances, and locations of all iron pipes and
other survey monuments, such pipes or monuments to be labeled existing
or proposed.
[4]
All contiguous land owned or under purchase contract or option
by the applicant and/or record owner (parcels with large amounts of
remaining lands may be shown on an insert map at a small scale, where
appropriate, with the permission of the Planning Board).
[5]
Existing adjacent roads.
[6]
Names of owners of all adjacent property.
[7]
A location map, legend, scale and North arrow.
[8]
The location of existing structures, as well as existing driveways,
culverts, water lines, electric, cable and telephone utility lines.
The Planning Board shall, wherever practical, require underground
installation of electric, telephone, and cable wires along private
driveways. Where circumstances are considered impractical or the neighborhood
character will not be adversely impacted, the Planning Board may waive
this requirement.
[9]
The location and lines of all existing permanent and intermittent
watercourses, drainagecourses, lakes, ponds, wetlands, streams, 100-year
floodplain boundaries, significant single trees or significant stands
of trees, open fields, ridgetops, and other important land features
such as state, federal, or local designated critical habitats.
[10]
Contour lines with intervals of no more than five
feet for the buildable area or building envelope and driveway, unless
otherwise specified by the Planning Board.
[11]
The location of existing or proposed water wells
(with proof of potable water supply) and septic systems (with percolation
tests approved by the County Board of Health and any site modifications
necessary for the installation of the system). As an alternative,
the applicant may provide, if an on-site water supply is to be utilized,
a note stating that all lot sales are contingent upon a contract addendum
for the location of such water supply, water flow capacity, and potability,
as well as acceptable conditions for septic systems in accordance
with New York State and Columbia County Health Department standards.
[12]
The name, address, signature, and seal of the
professional engineer and/or surveyor duly licensed by the State of
New York who prepared the plat.
[13]
Boundary lines of the zoning district for the
parcel and any boundary line of an overlay district if such exists
for the parcel.
[14]
The location of any actively farmed field, farm
access road, and boundary of a New York State certified agricultural
district within 500 feet of the parcel.
[15]
For all minor subdivisions and all lots consisting
of five acres or less, all on-site sanitation water supply facilities
shall be shown on the plat and shall be designed to meet the minimum
specifications of and be under the permit of the Columbia County Department
of Health, and the plat shall bear the stamp of the Department so
stating prior to filing with the County Clerk, if required herein.
(b)
A copy of the current deed or deeds of all involved parcels.
(c)
A completed Town of Austerlitz minor subdivision application
form.
(d)
A short environmental assessment form with Part I completed
by the applicant. (The Planning Board may require the full EAF form
to be submitted where appropriate.)
(e)
A check in the amount of the fee for a minor subdivision review
as determined by the Town Board from time to time, which is set forth
on the fee schedule.
(f)
A stormwater pollution prevention plan (SWPPP) if required by
the DEC regulations.
(h)
A note, prominently placed on the plat, indicating the number of total lots eligible to be created from the parent parcel as per § 167-409 of this chapter.
(i)
Whether the property to be subdivided has an agricultural or
forestry exemption and, if so, the information regarding such exemption.
(j)
Any other information required by the Planning Board as stated
in the Planning Board report issued as a result of the sketch plan
review and pre-application conference.
(2)
The Planning Board reserves the right to waive any of the above-mentioned
requirements where appropriate, with reasons for such waivers noted
in the record.
C.
Escrow and consulting services. Where the Planning Board deems services such as engineering, architectural, planning, or other professional services are advisable to assist in the examination of the proposed subdivision, the applicant shall be required to pay the cost of all such services pursuant to § 167-402 above. The Town Board shall establish an escrow account for this purpose.
D.
SEQRA requirements. The Planning Board shall follow all the requirements
of the SEQRA regulations as set forth in 6 NYCRR Part 617.
E.
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
10 days prior to the date of said hearing.
F.
Receipt of complete minor subdivision plat. The application for a minor subdivision plat shall be deemed submitted and complete by the Planning Board pursuant to § 167-404 above.
G.
Public hearing. The Planning Board shall schedule and hold a public
hearing on the proposed subdivision within 62 days after the Planning
Board has determined that the minor subdivision application is complete.
H.
Public hearing notice. Notice of the public hearing shall be posted
on the Town website and advertised in the Town's official newspaper
at least five days before such hearing. In addition, the applicant
shall deliver a copy of the public hearing notice, by certified mail,
return receipt requested, to all owners of property which abuts, is
adjacent to, or is situated across an established road or right-of-way
from the proposed boundary lines of the property which is the subject
of the hearing. The applicant shall also provide notice to such other
persons as the Planning Board may direct. The applicant shall bear
all costs for the mailings.
I.
Decision. Within 62 days from the close of the public hearing on
the proposed subdivision, the Planning Board shall, by resolution,
conditionally approve (with or without modification), disapprove,
or grant final approval thereof. The time in which the Planning Board
must take such action on the minor subdivision plat may be extended
by mutual consent of the applicant and the Planning Board. Any decision
of the Planning Board shall contain the reasons for such decision.
Any conditional approvals or disapprovals shall be explained in writing.
J.
Notification and filing of decision. Within five days of the date
of the adoption of the resolution stating the decision of the Planning
Board on the minor subdivision plat, the Chairperson or other duly
authorized member of the Planning Board shall:
K.
Effects of decisions.
(1)
Final approval. If the Planning Board grants approval, that
approval authorizes the signing of the minor subdivision plat as approved
for purposes of filing the same with the Columbia County Clerk and
the Town Clerk of the Town of Austerlitz. At least two endorsed copies
of the plat shall be filed with the Town Clerk, and the applicant
shall receive four endorsed copies of the plat for its own use and
for filing with the Columbia County Clerk's Real Property Office.
(2)
Conditional approval. If the Planning Board grants conditional
approval, the Planning Board shall empower the Chairperson or other
duly authorized member of the Planning Board to sign the minor subdivision
plat subject to completion of requirements, including modifications,
if any, which are stated in the resolution granting final approval.
Within five days of the resolution granting final approval, the minor
subdivision plat shall be certified by the Clerk of the Planning Board
as conditionally approved. A copy of the final approval shall be filed
in the Town Clerk's office and a copy mailed to the applicant.
The copy shall also include a statement of any requirements which,
when completed, will authorize the signing of the conditionally approved
minor subdivision plat. The requirements of the conditional approval
must be met and copies of the minor subdivision plat shall be submitted
for signature within 180 days after the date of the resolution granting
conditional approval or such approval shall expire. The Planning Board
may extend the time in which a conditionally approved minor subdivision
plat must be submitted for signature if, in the Board's opinion,
such extension is warranted under the circumstances. Such extension
shall not exceed two additional periods of 90 days each.
