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. (Checks shall be made out to the "Town of New Lebanon.")
[Amended 9-11-2000 by L.L. No. 1-2000]
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]