If an applicant submits a conservation subdivision application, the preliminary plat approval requirement is waived and the applicant shall proceed directly to final approval process described in Article VII, Final Plat Review, of this chapter.
A.
The preliminary plat and the supporting documents
for a proposed subdivision constitute materials to be submitted to
the Planning Board for preliminary approval. The preliminary layout
shall show the general design of the subdivision so that the Planning
Board can indicate its approval or disapproval prior to the time that
any work toward the final design submission is started. Approval of
the preliminary layout does not constitute an approval of the final
plat, not shall it be considered a valid basis for the construction
of the required improvements or for other commitments which depend
upon its design characteristics.
B.
Within six months after the sketch plan approval,
or any extension thereof, the applicant shall submit 12 copies of
the preliminary plat review application, preliminary plat and other
required materials, along with the required fee.
A preliminary plat shall be prepared by a licensed
land surveyor or engineer, at a scale of one inch equals 100 feet
and shall include information shown on the approved sketch plat including:
A.
Proposed layout.
B.
Name of the subdivision.
C.
Name of the property owner.
D.
Name, address and telephone number of the New York
State licensed engineer or surveyor preparing the preliminary plat.
E.
Description.
(1)
North arrow showing true north.
(2)
Tax map section, block and lot numbers.
(3)
Distance to the nearest existing or platted streets,
street intersections, or other public ways within or immediately adjacent
to the tract.
(4)
All utilities, available and/or proposed, including
easements therefor, and all streets which are either existing, proposed,
or shown on the Official Map, if any.
(5)
Zoning district, including exact boundary lines of the district, if more than one district, and any proposed changes in the zoning district lines and/or the requirements of Chapter 280, Zoning, applicable to the subdivision.
(6)
Name of any subdivisions immediately adjacent to the
parcel and the name of the owners of record of all adjacent property.
(7)
Land areas proposed to be dedicated to public use
and the conditions of such dedication.
(8)
Key map.
F.
Existing easements, covenants and/or restrictions,
including liber and page number.
G.
Existing and proposed improvements.
(1)
Location of any existing sewers, water mains, culverts
and drains on the property, with pipe sizes, grades and direction
of flow.
(2)
Width and location of any streets or public ways or
places shown on the Official Map or 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 applicant.
(3)
Approximate location and size of any proposed water
lines, valves, hydrants and sewer lines, and fire alarm boxes; connection
to existing lines or alternate means of water supply or sewage disposal
and treatment as provided in the Public Health Law or Environmental
Conservation Law; profiles of all proposed water and sewer lines.
(4)
Storm drainage plan showing the approximate location
and size of proposed lines and their profiles; connection to existing
lines or alternate means of disposal.
(5)
Plans and cross sections showing the proposed location
and type of any sidewalks, streetlighting 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
subbase, the location of manholes, basins and underground conduits.
(6)
Preliminary designs of any bridges or culverts which
may be required.
H.
Preliminary road and drainage plan. The developer
shall submit six copies of the road and drainage plans showing all
typical plans, sections, profiles, details and design calculations
as needed or required to indicate the proposed construction and/or
development.
(1)
Road and drainage plans shall show all metes and bounds descriptions indicating street and drainage areas as well as the size and type of road systems pursuant to Chapter 161, Highway Specifications, of the Code.
(2)
Where indicated or required, road and drainage plans
shall include but not be limited to the following:
(a)
Metes and bounds descriptions of all building
lots indicating lot areas, proposed building envelopes and scenic
buffer areas.
(b)
Utilities: indicate size and location of all
below-grade utilities, including proposed water mains, electrical
conduit and transformer pads.
(c)
Fire wells or fire hydrants.
(d)
The limits of all tidal and freshwater wetlands
within 100 feet of the proposed development.
(e)
Topographical contours at an interval that will
accurately depict the slope and contour of the site.
(f)
Road profiles and typical cross-sections.
(g)
Drainage calculations and design indicating
all drainage structures and piping.
(h)
Test hole and boring data.
(i)
All existing and proposed easements indicating
width, area and purpose.
(j)
Concrete survey monuments.
(k)
Curbing.
(l)
Sidewalks.
(m)
Streetlights.
(n)
Street trees, including size, type and specifications
for placement.
(o)
Street signs, indicating type and location.
The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act (SEQRA) and its implementing
regulations. A preliminary plat application shall not be considered
complete until a negative declaration has been filed or until a notice
of completion of the draft environmental impact statement has been
filed in accordance with the provisions of SEQRA. The time periods
for review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
A.
The Planning Board shall study the practicability
of the preliminary plat, considering the requirements of this chapter,
including identified primary and secondary conservation areas. Particular
attention shall be given to the arrangement, location, and width of
streets, their relation to the topography of the land, water supply,
sewage disposal, stormwater drainage, erosion and sediment control,
lot sizes and arrangement, the future development of adjoining lands
not yet subdivided, current zoning regulations, and the comprehensive
plan.
B.
The Town Superintendent of Highways and the Town Engineering
Office will review all aspects of the proposed subdivision, perform
a field check, and submit reports to the Planning Board with their
recommendations prior to the close of the environmental review period,
if any.
C.
Planning Board as lead agency under the State Environmental
Quality Review Act; public hearing; notice; decision.
(1)
Public hearing on preliminary plats. The time within
which the Planning Board shall hold a public hearing on the preliminary
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act as
follows:
(a)
If such Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the public hearing on such plat shall be held within 62
days after receipt of a complete preliminary plat by the Clerk of
the Planning Board; or
(b)
If the Planning Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, a public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
(2)
Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in the official newspaper so designated by the Town Board at least five days before such hearing if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. The applicant shall notify all adjoining property owners at least 10 days prior to the public hearing by certified mail and shall file with the Board an affidavit showing the names and addresses of those so notified, the Tax Map numbers and their respective properties and the date of mailing of the required notices. The applicant shall erect a sign provided by the Planning Board, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line, shall not be less than two feet nor more than six feet above the grade at the street line. The sign shall be displayed for a period of not less than 10 days immediately preceding the date of the public hearing date or any date to which the hearing may be adjourned. The applicant shall file an affidavit that he has complied with this provision. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
(3)
Decision. The Planning Board shall approve, with or
without modification, or disapprove such preliminary plat as follows:
(a)
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the Planning Board shall make its decision within 62 days
after the close of the public hearing; or
(b)
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the preliminary plat. Within thirty days of the filing of such final
environmental impact statement, the Planning Board shall issue findings
on the final environmental impact statement and make its decision
on the preliminary plat.
(4)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
D.
Planning Board not as lead agency under the State
Environmental Quality Review Act; public hearing; decision.
(1)
Public hearing on preliminary plats. The Planning
Board shall, with the agreement of the lead agency, hold the public
hearing on the preliminary plat jointly with their lead agency's hearing
on the draft environmental impact statement. Failing such agreement,
the Planning Board shall hold the public hearing on the preliminary
plat within 62 days after receipt of a complete preliminary plat by
the Clerk of the Planning Board.
(2)
Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing is held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings, and as set forth above in § 240-19C(2). The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
(3)
Decision. The Planning Board shall by resolution approve
with or without modification or disapprove the preliminary plat within
62 days after the close of the public hearing on such preliminary
plat.
(a)
If the preparation of an environmental impact
statement on the preliminary plat is not required, the Planning Board
shall make its decision within 62 days after the close of the public
hearing on the preliminary plat.
(b)
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the preliminary plat within 62 days after the close of the public
hearing on such preliminary plat or within 30 days of the adoption
of findings by the lead agency, whichever period is longer.
(4)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
E.
Extension of time. Notwithstanding the foregoing provisions,
the time in which the Planning Board must take action on the preliminary
plat may be extended by mutual agreement between the applicant and
the Planning Board.
F.
Filing and certification.
(1)
Filing of decision. Within five business days of the
adoption of the Planning Board resolution stating the decision on
the preliminary plat, the Clerk of the Planning Board shall cause
a copy of such resolution to be filed in the office of the Town Clerk.
(2)
Certification of decision. Within five business days
of the adoption of the resolution granting approval of the preliminary
plat, such plat shall be certified as having been granted preliminary
approval by the Clerk of the Planning Board, and a copy of the plat
and resolution shall be filed in the Planning Board office and a certified
copy of the resolution mailed to the owner.
G.
Expiration of preliminary approval; revocation.
(1)
Preliminary plat approval shall expire six months
from the date the Planning Board shall have adopted its resolution
of approval, unless extended by further resolution of the Planning
Board, such extension not to exceed a total of 180 days. Such extension
shall be granted only if the presubmission fully conforms to the zoning
regulations in effect at the time such extension is applied for.
(2)
In the event that the applicant shall fail to apply
for approval of a final subdivision plat prior to expiration of the
preliminary approval, all documents required by this section shall
be resubmitted and a second preliminary filing fee shall be paid before
any application for final plat approval shall be accepted or processed.
