Town of New Lebanon, NY Article VI Major Subdivisions [1]

[1] Editor's Note: Local Law No. 8-2007, adopted 8-13-2007, provided interim regulations for review and approval of major subdivisions in residentially zoned districts. See Part 2 of this chapter for these provisions.

§ 179-7 Major subdivision sketch plan.

A. Application for major subdivision. Whenever any subdivision of land is proposed to be made, and before any contract for the sale or of 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 submit an application in writing for approval of such proposed subdivision in accordance with the following procedures.

B. Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Clerk of the Planning Board at least 10 business days prior to the regular meeting of the Board, five copies of a sketch plan of the proposed subdivision, which shall comply with the following requirements for the purposes of classification and preliminary discussion.

[Amended 12-14-2021 by L.L. No. 5-2021]

C. Requirements for major subdivision sketch plan.

(1) The sketch plan initially submitted to the Planning Board, based on tax map information or some other similarly accurate base map at a scale (preferably not less than 200 feet to the inch) to enable the entire tract to be shown on one sheet.

(2) The location of that portion which is to be subdivided in relation to the entire tract, and the distance to the nearest existing street intersection.

(3) All existing structures, wooded areas, streams and other significant physical features within the portion to be subdivided and within 200 feet thereof. Contours shall be indicated at intervals of not more than 10 feet or otherwise described in writing in terms adequate to express the condition of the topography.

(4) The name and addresses of the owner and of all adjoining property owners as disclosed by the most recent town tax records.

(5) The tax map sheet, block and lot numbers, if available.

(6) All the utilities available, and all streets which are either proposed, mapped or existing.

(7) The proposed pattern of lots (including lot width and depth), street layout, recreation areas, systems of drainage, sewerage and water supply within the subdivided area.

(8) All existing restrictions on the use of land, including easements, covenants or zoning lines.

(9) Approximate total acreage and acreage of each individual lot.

D. Discussion of subdivision regulations. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.

E. Classification as major subdivision. If the sketch plan is classified as a major subdivision, the subdivider shall then comply with the procedures and standards outlined in Articles VI and VII of these regulations.

F. Recommendation of Planning Board. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it judges it necessary, make specific recommendations in writing to be incorporated by the applicant in the next submission to the Planning Board.

§ 179-8 Major subdivision preliminary plat.

Within six (6) months after submittal of the sketch plan for a major subdivision, the subdivider shall submit an application for approval of a plat. There shall be first filed with the Board a preliminary plat of the entire property for approval and subsequently thereto a final plat, as hereinafter specified. Failure to submit a preliminary plat within six (6) months shall deem the sketch plan and application null and void. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision meeting the requirements described in Subsection F. 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 Subsection F of these regulations, except where a waiver may be specifically authorized by the Planning Board.

A. Fee. The application for approval of the preliminary plat shall be accompanied by a fee as set from time to time by resolution of the Town Board for each lot in the proposed subdivision.[1] (Checks shall be made out to the "Town of New Lebanon.")

[Amended 9-11-2000 by L.L. No. 1-2000]

[1] Editor's Note: See Ch. A208, Fees.

B. Number of copies. Five copies of the preliminary plat shall be presented to the Clerk of the Planning Board at least 10 business days prior to a regular monthly meeting of the Planning Board.

[Amended 12-14-2021 by L.L. No. 5-2021]

C. 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.

D. Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community. Particular attention shall be given to the arrangement, location and width of streets and their relation to the topography of the land, water supply, sewage disposal, drainage, lot size and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Master Plan, the Official Map and zoning regulations, if such exist.

E. When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least ten days prior to which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Subsection F of these regulations has been filed with the Clerk of the Planning Board.

F. Preliminary plat requirements. The subdivider shall submit to the Planning Board five (5) copies of a preliminary plat prepared at a scale of not less than one hundred (100) feet per inch. Such preliminary plat shall conform both to the layout shown on the sketch plan and to any recommendations made by the Planning Board, and shall also contain the following information:

(1) The proposed subdivision name, the name of the town(s) and county(s) in which it is to be located, the date of the plat, the true North point, the scale of the plat, the name and address of the owner of record, the subdivider, the engineer and the surveyor responsible for preparing the plat and survey, including the license number and seal of such engineer and surveyor.

(2) The name of all subdivisions immediately adjacent to the proposed subdivision, and the name of the owners of record of all adjacent properties.

(3) The zoning district(s) in which the proposed subdivision is to be located, including the exact boundary lines of each district if the subdivision will be located in more than one district, any changes proposed by the developer to be made in the zoning district lines and/or the text of the zoning ordinance regarding the area(s) to be subdivided.

(4) The location of all parcels of land proposed to be dedicated to public use and any conditions under which such dedication(s) are to be made.

(5) The location of existing property lines, easements, buildings, watercourses, wetlands, marshes, wooded areas, large rock outcrops and other significant existing features of the land proposed to be used in the subdivision.

(6) The location of existing sewers, water mains, culverts, improvements, utilities and drains on the property, together with specification of pipe sizes, grades and direction of flow.

(7) An indication of the contour of the land at intervals of 5 feet, and of elevations of existing roads. An approximate grading plan if the natural contours of the land are to be changed more than 5 feet. (Contour elevations shall be determined by field topographic survey or field topographic survey supplemented by a recent aerial survey. Contours enlarged from U.S.G.S. maps will not be accepted.)

(8) The width and location of any street(s) or public way(s) or place(s) shown on the Official Map or the Master Plan, if such exists, within the area to be subdivided, and the width, location, grades and street profiles of all streets or public ways proposed by the developer.

(9) The approximate location and size of all proposed water lines, valves, hydrants and sewer lines. The plat shall indicate either connection of proposed water and sewer to existing lines or an alternate means of supplying water or disposing of and treating sewage in accordance with requirements under the Public Health Law. Profiles of all proposed water and sewer lines.

(10) A storm drainage plan indicating the approximate location and size of proposed storm sewers, catch basins, detention ponds, and ditches and their profiles. The connection of the proposed storm drainage plan to existing lines or alternate means of disposal.

(11) Plans and cross-sections showing the location and type of any proposed sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains and the size and type thereof; the character, width and depth of pavements and sub-base, the location of manholes, basins and underground conduits.

(12) Preliminary designs of any bridges or culverts which may be required, conforming to the specifications of the agency having jurisdiction.

(13) The proposed lot lines with approximate dimensions and area of each lot, and sites of proposed homes, wells, wastewater systems, and driveways.

(14) Where the topography is such as to make difficult the inclusion of any required or proposed public improvements within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet in width and which shall provide satisfactory access to an existing public highway or other public highway or public open space shown on the subdivision or the Official Map.

(15) An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of tract shall also be located on the ground and marked by substantial monuments or iron pipes (or steel pins) and shall be referenced and shown on the plat.

(16) The applicant shall establish to the Board's satisfaction through soil and percolation tests and/or other tests requested by the Columbia County Health Department, that each lot within the proposed subdivision meets the Columbia County Health Department minimum standards for water and wastewater systems. The locations of the tests shall be noted on the plat.

(17) Certification of title showing that the applicant is the landowner shall be submitted along with the preliminary plat.

(18) If the application covers only a part of the subdivider's entire holding, a map of the entire tract, drawn at a scale of not less than 400 feet to the inch showing an outline of the platted area with its proposed streets and an indication of the probable future street system together with the grades and drainage of the remaining portion of the tract, and a layout of the entire tract shall be submitted. The subdivider's plans concerning drainage in the plotted area shall be considered in light of drainage plans for the entire holding.

(19) A copy of such covenants or deed restrictions as are intended to cover all or part of the tract shall be included.

(20) A SEQR full environmental assessment form shall be appended to the plat.

(21) An engineer's report containing a description of the project, and of the site (soils, topography, etc.), drainage, water and sewer facilities, and probable impact on town facilities and traffic.

(22) The developer shall show compliance with the "Martin Law" regarding responsibility for and maintenance of private subdivision roads. He shall also show how each prospective property buyer shall be informed of his/her responsibility.

G. Public hearing. A public hearing shall be held by the Planning Board within 62 days from the filing of the preliminary plat with the Planning Board. Said hearing shall be advertised in a newspaper of general circulation in the town at least five (5) days before such hearing.

[Amended 9-11-2000 by L.L. No. 1-2000]

H. Disposition by Planning Board. Within 62 days after the public hearing of the preliminary plat, the Planning Board shall take action to approve, with or without modifications, or disapprove such preliminary plat. This time may be extended upon mutual consent of the subdivider and the Planning Board. The ground of any modification required or the ground for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such sixty-two-day period shall constitute approval of the preliminary plat.

[Amended 9-11-2000 by L.L. No. 1-2000]

§ 179-9 Major subdivision final plat.

A. The final plat shall be prepared in the form required for filing with the County Clerk. Paper size shall be not less than 8.5 by 14 nor greater than 34 by 44 inches. A two-inch margin shall be provided along the left side of each page and a margin of one inch shall be provided along the remaining sides. The plat shall be drawn at a scale of no less than 100 feet to the inch and preferably oriented with the North point at the top of the map. When more than one sheet is required to show the entire subdivision, an additional index sheet of the same size shall be filed showing to a smaller scale the entire subdivision with lot and block numbers clearly legible. The final plat shall contain the following information:

(1) The proposed subdivision name or identifying title and the name of the town(s) and county(s) in which the subdivision is located, the name and address of the owner of record and subdivider, the name, license number and seal of the licensed land surveyor who prepared the survey.

(2) The street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use.

(3) Sufficient data to determine readily the location, bearing and length of every street line, lot line, and boundary line, and to enable the reader to locate such lines upon the ground.

(4) The length and bearing of all straight lines, radii, and length of curves and the central angles of all curves, and tangent bearings shall be given for each street. All dimensions and angles of all lot lines shall also be provided. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the property, the location, graphic scales and true North point.

(5) The plat shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces title to which is reserved by the developer. For any of the latter, there shall be submitted with the subdivision plat copies of proposed agreements on the part of the subdivider showing the manner in which such areas are to be maintained and the provisions made therefor.

(6) All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Attorney for the town as to their legal sufficiency.

(7) Lots and blocks within a subdivision shall be numbered or lettered in order and in accordance with the prevailing town and 911 practice.

(8) Permanent reference monuments shall be shown, and shall be constructed in accordance with town road specifications. When referenced to the State System of Plane Coordinates, they shall also conform to the requirements of the State Department of Transportation. The location of all reference points shall be noted and referenced upon the plat.

(9) All lot corner markers and all corners and angle points of the boundaries of the subdivision tract shall be permanently located with iron pipes (or steel pins) at least three quarter (3/4) inches in diameter and at least 36 inches in length, located in the ground and projecting 6 inches to 12 inches above existing grade. These markers shall be noted and referenced on the plat.

(10) Approval for driveway cuts and drainage to existing roads shall be obtained in writing from the applicable highway department (town, county or state).

B. The following additional information shall accompany the final plat:

(1) Construction drawings at a scale of one inch for each 40 to 50 horizontal feet, and one inch to each 4 or 5 vertical feet, including plans, profiles and typical cross-sections, and details as required, and showing the proposed location, size and type of streets, sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers, storm drains, pavements and sub-base, manholes, catch basins and other facilities. Profiles for streets and utilities shall show existing and proposed grades at 50 feet station and the rim and invert elevations of all sewer manholes and drainage structures.

(2) The applicant shall provide proof that each lot within the proposed subdivision has been reviewed by the Columbia County Health Department, that tests required by that agency have been conducted and that the results have been approved by the Columbia County Health Department as meeting the minimum standards for on-site water and wastewater systems. The locations of the tests shall be noted on the plat to be filed with the County Clerk.

§ 179-10 Procedure for approval of final plat.

A. Five (5) copies of the final plat and of any other material required by these regulations to be included for approval of the final plat shall be submitted to the Planning Board within six months after approval of the preliminary plat. If the final plat is not submitted within six months of approval of the preliminary plat, such approval shall become null and void unless, for good cause shown, the applicant is granted an extension of time by the Planning Board.

B. The final plat shall conform substantially to the preliminary plat as approved. If desired by the subdivider, the final plat may consist only of that portion of the approved preliminary plat which the applicant proposes to record and develop at this time, provided that such portion conforms to all requirements of these regulations.

C. The application for approval of the final plat, the final plat itself, and all other material required for approval as outlined in Article VI, § 179-9, of these regulations shall be submitted to the Clerk of the Planning Board ten (10) days prior to the regular monthly meeting of the Planning Board.

D. The time of submission of the final subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board.

E. A public hearing shall be held by the Planning Board within 62 days after the time of submission of the final subdivision plat for approval. This hearing shall be advertised in a newspaper of general circulation in the town at least five (5) days before such hearing. The Planning Board may waive a public hearing on the final plat if it is deemed to be in substantial agreement with an approved preliminary plat.

[Amended 9-11-2000 by L.L. No. 1-2000]

F. Within 62 days from the date of the public hearing on the final subdivision plat, or if no public hearing is held, within 62 days of the submission of the final subdivision plat to the regular monthly meeting of the Planning Board, the Board shall approve the final plat, providing all of the requirements and conditions have been met. An additional sixty-two-day extension may be used if mutually agreed upon by the subdivider and the Planning Board. The subdivision plat shall be signed and sealed for recording by the authorized officer of the Planning Board when:

[Amended 9-11-2000 by L.L. No. 1-2000]

(1) The subdivider has complied with Article VI, § 179-11, of this Part 1.

(2) Conditions stated at the public hearing and at the approval of the preliminary subdivision plat have been met.

§ 179-11 Required improvements.

A. Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, it shall either require the subdivider to complete all necessary improvements within the subdivision, or require the subdivider to post a performance bond in an amount sufficient to cover the full cost of all such improvements.

(1) Performance bond requirements. Any performance bond posted by the developer shall comply with the requirements of § 277 of the Town Law of the State of New York and shall be satisfactory to the Town Board and the Attorney for the town as to form, sufficiency, manner of execution and surety. A period of one year (or such other period not to exceed 3 years as the Planning Board may deem appropriate) within which required improvements must be completed shall be set forth in the bond. An applicant may post cash, certified check(s) or letter(s) of credit in lieu of a performance bond if such substitution is deemed acceptable by the Planning Board, but no applicant may be required by the Board to post cash, certified check(s) or letter(s) of credit in lieu of a performance bond.

(2) Requirement of completion of improvements. Upon notice by the developer that (s)he has completed the required improvements, the Engineer for the town shall inspect such improvements and shall file with the Planning Board a letter certifying such completion or lack thereof. If any improvements that were required have not been so completed, the subdivider shall be required to either complete such improvements or to post a bond covering the full cost of such remaining improvements. Any such bond shall be satisfactory to the Town Board and to the Attorney for the town as to form, sufficiency, manner of execution and surety.

(3) Completion of required improvements. The required improvements shall not be considered completed until the installation has been approved by the Engineer for the town and a map satisfactory to the Planning Board has been submitted by the applicant indicating the location of monuments marking all underground utilities as actually installed, and any changes made to any improvements or roads from the final plat. If the subdivider is required to complete the improvements prior to the Board's approval of the final plat, said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. If the subdivider is allowed to post a bond, cash, certified check or line of credit to cover such improvements, said map shall be submitted prior to any release by the Board of such bond, cash, certified check or line of credit.

B. Modification of design of improvements. If at any time prior to or during the construction of the required improvements it is demonstrated to the satisfaction of the Engineer for the town that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Engineer for the town may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that such modifications are within the spirit and intent of the approval of the Planning Board and do not constitute waiver or substantial alteration of the function of any improvements required by the Board. The Engineer for the town shall issue any authorization under this section 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 two weeks prior to commencing construction of required improvements, the subdivider shall notify the Engineer for the town in writing of the time when he proposes to commence construction of such improvements, so that the Engineer for the town 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 Engineer for the town 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 then notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the town's rights under the bond.

E. The Planning Board of the Town of New Lebanon is hereby authorized to secure the services of a civil engineer and of any other consultant it may require for the purpose of evaluating the safety, feasibility, advisability and/or environmental soundness of subdivision plans submitted to it by a subdivider. The Planning Board is further authorized to charge the subdivider an amount equal to the costs it incurs in securing such services, and to require payment of such costs by the subdivider prior to final approval by the Board of the subdivision plans.

§ 179-12 Filing of approved subdivision plat.

A. Upon successful completion of the requirements in Article VI, §§ 179-7, 179-8 and 179-9, as indicated by notation by the proper Planning Board official upon the final plat, the plat shall receive the final approval of the Planning Board. The plat shall be signed and sealed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. Any final subdivision plat not filed or recorded within sixty two (62) days of the date upon which said plat is approved or considered approved by reason of the failure of the Planning Board to act, shall become null and void.

B. Plat void if revised after approval. No changes, erasures, modifications or revision shall be made in any subdivision plat after final approval by the Planning Board as indicated by the Board's written endorsement of the plat, unless the said plat is first resubmitted to the Planning Board and such Board approves such changes or modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.