The Planning Board shall determine whether a proposed subdivision of land will be classified as a major subdivision, as set forth in § 167-702 below and as defined in Article II of this chapter. The determination shall be based upon the information provided by the applicant pursuant to the sketch plan review (Article III) or upon its initial application to the Planning Board. If an application is classified as a major subdivision, such proposed subdivision is subject to two formal stages of review, the preliminary plat review stage and the final subdivision plat review stage. A separate public hearing shall be held on the preliminary plat and on the final plat unless the Planning Board determines that the hearing for the final plat is not necessary pursuant to § 167-710 below.
A major subdivision is any proposed subdivision of land into
five or more lots. The Planning Board may also classify a division
of land into fewer than five lots as 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.
A.
Submission. For a major subdivision, an applicant shall submit eight paper copies and a .pdf copy of the preliminary plat, together with a completed full EAF form, major subdivision application, and such other documents and information as specified in Subsection B below, to the Planning Board Chairperson or Planning Board Clerk at least seven days prior to a regularly scheduled Planning Board meeting.
B.
Submission requirements.
(1)
The preliminary plat and other submissions for a major subdivision
shall include the following:
(a)
Eight paper copies and a .pdf copy of a map clearly marked "preliminary
plat," drawn accurately to a scale not less than 200 feet to the inch,
which shall show:
[1]
The proposed buildable area and building envelope, all existing
and proposed property lines, present zoning, zoning overlay district
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, a notarized
letter of consent and authorization signed by the 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.
[5]
Existing adjacent and/or proposed roads.
[6]
Names of owners of all adjacent property.
[7]
Location map, legend, scale, and North arrow.
[8]
Location of existing and/or proposed structures, water wells
and septic systems.
[9]
Proposed use of each lot.
[10]
Percolation test information and sites of percolation
tests.
[11]
All existing and/or proposed driveway locations.
[12]
The location of all existing and proposed electrical,
telephone and cable utility lines. The Planning Board shall, wherever
practicable, 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.
[13]
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.
[14]
Boundary lines of the zoning district for the
parcel and any boundary line of an overlay district if such exists
for the parcel.
[15]
For any 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 for
approval 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. For any lot of five acres
or less, a recent percolation test shall be performed and the results
provided to the Planning Board.
(c)
A copy of the current deed or deeds of all involved parcels.
(d)
Completed Town of Austerlitz major subdivision application.
(e)
A full environmental assessment form with Part I completed by
the applicant.
(f)
A summary table listing the number of lots proposed to be created, the size of each lot, total acreage of the parcel, linear feet of roads and acreage devoted to roads and other rights-of-way, and acreage devoted to parks, recreational areas and/or open space areas, along with 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 and Zoning Code § 195-15B.
(g)
A property owner submitting a subdivision plan shall be required to specify on the plan and on any approved final plat which lot or lots shall carry with them the right to further subdivide pursuant to Zoning Law § 195-15.
(h)
Grading, drainage, erosion control and/or buffer or screening
plans as may be required by the Planning Board.
(i)
Design of all proposed on-site septic and water supply facilities
which meet the minimum standards of the New York State Department
of Health and Columbia County.
(j)
Proposed construction detail sheets which show the following
information:
[1]
Plans and road profiles of the location and a typical section
and cross-section of road pavements, including shoulders, curbs, drainage
facilities, culverts, proposed bridges, if any, and such other facilities
as may be applicable.
[2]
Where steep slopes exist, elevations of all proposed roads shall
be shown at every five feet along the center lines of all roads and
each property abutting said road.
(l)
If any road or area will be shared in common with the owners
of the lots in the proposed subdivision, a statement and description
of the arrangements for such ownership and maintenance of those common
areas.
(m)
A check in the amount of the applicable fee for preliminary
plat review as determined by the Town Board from time to time.
(n)
Any other information required by the Planning Board as a result
of the sketch plan review.
(2)
The Planning Board may, where it deems appropriate, waive any
of the above submission requirements provided its explanation for
waivers is documented.
B.
SEQRA requirements. The Planning Board shall follow all requirements
of the SEQRA regulations as set forth in 6 NYCRR Part 617.
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.
D.
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.
E.
Public hearing. The Planning Board shall schedule and hold a public
hearing on the proposed major subdivision 62 days after the Planning
Board has determined that the major subdivision application is complete.
F.
Public hearing notice. Notice of the public hearing shall be 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.
G.
Decision. As set forth in more detail in § 167-705 below, within 62 days from the close of the public hearing on the proposed subdivision and after the SEQRA process has been completed, the Planning Board shall, by resolution, conditionally approve (with or without modification), disapprove, or grant approval on the preliminary plat. The time in which the Planning Board must take such action on the preliminary plat may be extended by mutual consent of the applicant and the Planning Board.
A.
Where environmental impact statement (EIS) not required. In the case
where the Planning Board or another agency, as lead agency, has not
required the submission of an environmental impact statement (EIS)
with respect to the preliminary plat application and has determined
that the proposed subdivision does not have the potential to cause
significant adverse environmental impacts (also known as a "negative
declaration"), the Planning Board shall approve, with or without modifications,
or disapprove the preliminary plat within 62 days after the date that
the public hearing on such preliminary plat was held and closed. When
approving a preliminary plat with modification, the Planning Board
shall state, in writing, the modifications it deems necessary for
submission of the plat in final form. However, the sixty-two-day period
in which the Planning Board must take action on the preliminary plat
may be extended by mutual consent of the applicant and the Planning
Board.
B.
Where EIS is required. In the case where the Planning Board or another
agency, as lead agency, has required the submission of an environmental
impact statement (EIS) with respect to the preliminary plat application,
the final environmental impact statement (FEIS) shall be filed within
45 days following the close of the public hearing. Within 30 days,
the Planning Board or other agency, as lead agency, shall issue a
written statement of findings with respect to the SEQRA review of
the project. Following the filing by the lead agency of the written
findings statement required by SEQRA, the Planning Board shall approve,
with or without modifications, or disapprove the preliminary plat.
The Planning Board shall incorporate any requirements indicated in
the FEIS written statement of findings as conditions on, or changes
to, the preliminary plat. The Planning Board's decision on a
preliminary plat for which a final environmental impact statement
is required shall occur within 62 days of the date that the public
hearing was held. However, the period in which the Planning Board
must take action on the preliminary plat may be extended by mutual
consent of the applicant and the Planning Board and/or where the Planning
Board or other agency, as lead agency, determines that additional
time is necessary to adequately prepare the final environmental impact
statement.
C.
Effects of decisions. Approval of the preliminary plat without any modifications means that the applicant is authorized to submit a final plat that is in conformance with the preliminary plat. Approval of the preliminary plat with modifications means that the applicant must incorporate all of the modifications specified by the Planning Board in its preliminary plat approval into the final plat. Disapproval of the preliminary plat means that the applicant is not authorized to submit a final plat but may start the application process over with the submission of a different preliminary plat together with all of the required application submissions as specified in § 167-703B above.
A.
Within five days of the date of the adoption of the resolution stating
the decision of the Board on the preliminary plat, the Chairperson
or other duly authorized member of the Planning Board shall cause
a copy of such resolution to be filed in the office of the Town Clerk.
A copy of the resolution shall also be mailed to the applicant within
five business days of the date the decision was rendered.
B.
Within five days of the approval of the preliminary plat, two copies
of the preliminary plat shall be certified by the Chairperson or Clerk
of the Planning Board as having been granted preliminary approval.
The Planning Board Clerk shall file one certified copy of the preliminary
plat in the Town Clerk's office and shall mail one certified
copy to the applicant.
The applicant must submit the final plat within six months of
the approval of the preliminary plat. If the final plat is not submitted
within six months, approval of the preliminary plat shall expire unless
an extension for submitting the final plat is granted by the Planning
Board.
A.
Submission. Within six months from the date that the Planning Board
approved, with or without modification, the preliminary plat, the
applicant must submit the plat in final form (such plat to be hereinafter
referred to as the "final plat") to the Planning Board Clerk at least
seven days prior to a regularly scheduled Planning Board meeting.
B.
Submission requirements.
(1)
The final plat submission shall include the following drawings,
documents, information and detail:
(a)
Eight paper copies and a .pdf copy of a map clearly marked "final plat," drawn accurately to a scale not less than 50 feet to the inch, which shall show all information and detail required to be shown on the preliminary plat [§ 167-604B(1)(a)] and the modifications, if any, required by the Planning Board at the time of the approval of the preliminary plat, if such preliminary plat had been so approved.
(b)
A final summary table listing the number of lots proposed to
be created, the percentage of development potential of the parent
parcel included in this subdivision, the size of each lot, the total
acreage of the entire parcel, the linear feet of roads and total acreage
devoted to roads and other rights-of-way, and acreage devoted to parks,
recreational areas and/or open space areas.
(c)
Grading, drainage, erosion control and/or landscaping plans
as may be required by the Planning Board.
(d)
Final design of all proposed on-site septic and water supply
facilities as approved and endorsed by the New York State Department
of Health and the Columbia County Health Department.
(e)
Final construction detail sheets which show the following information:
[1]
Plans and road profiles of the location and a typical section
and cross-section of road pavements, including: shoulders, curbs,
drainage facilities, culverts, proposed bridges, if any, and such
other facilities as may be applicable.
[2]
Where steep slopes (where grade is greater than 15%) exist,
two-foot contour lines shall be delineated in all proposed rights-of-way
and any areas of proposed grading or at least within 150 feet of the
center line of all roads; and USGS.
[3]
Final designs of any bridges, culverts or other such structures.
(f)
An offer of cession, easements or dedication, in a form approved
by the Planning Board, of all land included in public rights-of-way,
easements, recreation areas, roads, drainage facilities, culverts,
and passive open space areas not specifically reserved by the applicant.
All easements for drainage facilities and other infrastructure shall
be perpetual in duration and shall specify obligations for maintenance
and repair.
(g)
Letters of recommendation or approvals with respect to the adequacy
of the proposed water supply and septic system as required by the
Public Health Law and/or the Environmental Conservation Department
of New York State.
(h)
Deed, easement, or other required description and proof of ownership
and title insurance of any land to be ceded to the Town, at no cost
or expense to the Town.
(i)
Protective covenants and restrictions in proper form for recording,
including covenants or restrictions governing the maintenance of public
spaces or reservations that are not dedicated to the Town, if applicable.
(j)
A completed final plat application.
(k)
All other requirements associated with clustered/conservation subdivisions pursuant to Article VII of this chapter.
(l)
A check in the amount of the applicable fee, if any, for final plat review pursuant to § 167-402 of this chapter.
(m)
Any other information required by the Planning Board as provided
at the time of approval of the preliminary plat.
(2)
The Planning Board reserves the right to waive any of the above-mentioned
final plat submission requirements as it deems appropriate.
At the first Planning Board meeting in which the Planning Board
considers the final plat, the Planning Board shall determine:
When the Planning Board determines that a submitted final plat
does not have substantive changes and is in substantial agreement
with a preliminary plat approved pursuant to this article, the Planning
Board shall, by resolution, conditionally approve, with or without
modification, disapprove or grant final approval and authorize the
signing of such final plat, within 62 days of its receipt by the Clerk
of the Planning Board. Upon notification of final approval, or conditional
approval with or without modifications, the applicant shall submit
two Mylar and two paper copies of the final plat as so approved for
purposes of signing and filing.
A.
Further SEQRA review. If the Planning Board determines that a submitted
final plat is not in substantial agreement with the approved preliminary
plat, the Planning Board shall either issue a new determination of
significance and/or require a draft or supplemental environmental
impact statement, whichever may be appropriate under the circumstances
of the SEQRA review conducted at the preliminary plat review stage.
B.
Scheduling public hearing. If a draft or supplemental environmental impact statement is not required by the Planning Board or other lead agency designated for the project, the Planning Board shall schedule and hold a public hearing within 62 days of the receipt by the Planning Board Clerk of the final plat and other required documents as specified in § 167-708 above. If a draft or supplemental environmental impact statement is required, the public hearing shall be scheduled and held within 62 days of the date that such environmental impact statement has been accepted as complete by the Planning Board or other lead agency over the project. The public hearing on the final plat shall be held concurrently with the public hearing on the environmental impact statement, if such hearing is deemed necessary. Notice of the public hearing shall follow the requirements for the preliminary plat; and if the hearing is also on the environmental impact statement, notice shall also follow applicable SEQRA requirements set forth in 6 NYCRR 617.
C.
Decision on final plat.
(1)
If a supplemental or final environmental impact statement is
not required by the Planning Board or other lead agency designated
for the project, 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.
(2)
If a supplemental or final environmental impact statement (FEIS)
has been required, the environmental impact statement shall be filed
within 45 days following the close of the public hearing on the final
plat. Within 30 days of the filing of the FEIS, the Planning Board
shall issue a written findings statement on such FEIS and shall, by
resolution, conditionally approve, with or without modification, disapprove,
or grant final approval and authorize the signing of the final plat.
The grounds for modification(s), if any, or the grounds for disapproval
shall be stated upon the records of the Planning Board.
Notwithstanding the foregoing provisions of this article, the
time in which the Planning Board must take action on any plat may
be extended by mutual consent of the applicant and Planning Board.
Prior to final plat approval, the following approvals shall
be submitted to the Planning Board:
A.
County Department of Health. Water and septic facility proposals
contained in the final plat shall be properly endorsed and approved
by the Columbia County Department of Health. Applications for approval
of plans for sewer or water facilities shall be filed by the applicant
with all necessary Town, county and state agencies.
B.
Transportation/Public Works Department. Ingress and egress onto county
or state roads must bear the proper endorsement of the County Public
Works Department or the New York State Department of Transportation.
C.
Department of Environmental Conservation. Stormwater pollution prevention
plans, wetland disturbance permits, and other approvals required by
the NYS DEC shall receive the proper endorsement of the NYS DEC prior
to final plat approval.
D.
If a homeowners' association (HOA) is proposed as part of subdivision,
New York State Department of Law approval for an HOA offering plan
or instead an exemption pursuant to Cooperative Policy Statement 7
(CPS-7), or a "no-action" letter from the Department. If there are
easements or maintenance agreements proposed for areas to be used
in common, those easements and agreements must be referenced in or
made part of the offering plan or CPS-7.
A.
Certification of plat. Upon adoption of a resolution granting conditional
approval of a final plat, the Planning Board shall authorize the Chairperson,
or if the Chairperson is not available, another designated member
of the Planning Board, to sign the plat subject to completion of any
requirements as may be stated in the resolution. Within five days
of such resolution, the plat shall be certified by the Planning Board
Chairperson or Planning Board Clerk as conditionally approved and
a copy filed in the Clerk's office. A certified copy of the resolution
shall be mailed to the owner, which copy shall include a statement
of such requirements that, when completed, will authorize the signing
of the conditionally approved final plat.
B.
Duration of approval. Upon completion of such requirements, the plat
shall be signed by the Chairperson or other duly authorized member
of the Planning Board. Conditional approval of a final plat shall
expire within 180 days after the date of the resolution granting conditional
approval, unless such requirements have been certified as completed.
C.
Extension of time. Notwithstanding the foregoing provisions of this
section, the Planning Board may extend the time in which a conditionally
approved plat in final form must be submitted for signature if, in
its opinion, such extension is warranted by the particular circumstances
thereof, which shall not exceed two additional periods of 90 days
each.
A.
In granting conditional or final approval of a plat in final form,
the Planning Board may permit the plat to be subdivided and developed
in two or more sections and may, in its resolution granting conditional
or final approval, state that such requirements as it deems necessary
to ensure the orderly development of the plat be completed before
said sections may be signed by the duly authorized officer of the
Planning Board. Conditional or final approval of sections of a final
plat may be granted concurrently with conditional or final approval
of the entire plat, subject to any requirements imposed by the Planning
Board.
B.
Upon the Planning Board's approval of the final plat and the
applicant's completion of all applicable conditions and requirements
of the Planning Board's approval, the applicant shall provide
at least six paper copies and a .pdf copy of the corrected final plat
to the Chairperson of the Planning Board for stamping and signing
the final plat as approved.
The signature of the duly authorized officer of the Planning
Board constituting final approval of the Planning Board of a plat
as herein provided; or the approval by the Planning Board of the development
of a plat or plats already filed in the office of the Columbia County
Clerk if such plats are entirely or partially undeveloped; or the
certificate of the Town Clerk as to the date of the submission of
the final plat and the failure of the Planning Board to take action
within the time herein provided, shall expire within 62 days from
the date of such approval, or from the date such certificate is issued,
unless within such sixty-two-day period such plat or a section thereof
shall have been duly filed or recorded by the owner in the office
of the County Clerk. In the event the owner shall file only a section
of such approved plat in the office of the County Clerk, the entire
approved plat shall be filed within 30 days of the filing of such
section with the Town Clerk in each town in which any portion of the
land described in the plat is situated. Such section shall encompass
at least 10% of the total number of lots contained in the approved
plat, and the approval of the remaining sections of the approved plat
shall expire unless said sections are filed before the expiration
of the exemption period to which such plat is entitled under the provisions
of § 265-a of Article 16 of the Town Law.
The owner of an approved subdivision may abandon such subdivision
pursuant to the provisions of § 560 of the New York State
Real Property Tax Law.
