A.
Full compliance with the provisions of Article 16
of the State Town Law, with applicable provisions of the State Public
Health Law, with SEQRA, and with these subdivision regulations, except
where variations of these requirements may be expressly authorized
by the Planning Board, is necessary to provide information to the
Planning Board and to the public.
B.
Due care in the preparation of maps and other required
information will expedite the process of obtaining the Planning Board's
decision. Whenever possible, maps and other documents should be submitted
in electronic format, in addition to that otherwise specified, in
order to facilitate distribution, reproductions and storage of documents
C.
Whenever any subdivision of land is proposed to be made, and before
any contracts for the sale of, or any offer to sell, any lots in such
subdivision, or any part thereof, are made, and before any permit
for the erection of a structure in such proposed subdivision shall
be granted, the subdivider, or his authorized agent, should apply
in writing for approval of such proposed subdivision in accordance
with the following procedures. No part of this summary list of procedural
steps supplants the specific regulations set forth in this chapter.
The Planning Board, based on the review of a sketch plan and the complexities
of a particular application, may require that a minor subdivision
follow some or all of the procedures set forth for a major subdivision.
[Amended 1-6-2009 by L.L. No. 1-2009]
(1)
Minor subdivision:
(d)
The Planning Board reviews final plat for completeness.
(e)
The Planning Board determines plat is complete by, among other
things, finding that either a negative declaration or a notice of
completion of the draft environmental impact statement has been filed
in accordance with the State Environmental Quality Review Act.
(f)
Public hearing on application.
(g)
Planning Board action on final plat application.
(h)
Installation and completion of improvements, or posting of bond,
certified check, or suitable alternative surety, including all applicable
fees.
(i)
Upon a determination that all conditions have been met, Planning
Board certification and signing of plat, if approved.
(j)
Decision on final plat filed with Town Clerk and appropriate
agencies.
(k)
The final plat is filed in Ulster County Clerk's Office
by the applicant.
(2)
Major, intermediate or super subdivision:
(c)
Preliminary plat submitted by the applicant showing proposal in detail including information set forth in § 169-22.
(d)
The Planning Board reviews preliminary plat for completeness.
(e)
The Planning Board determines plat is complete by, among other
things, finding that either a negative declaration or a notice of
completion of the draft environmental impact statement has been filed
in accordance with the State Environmental Quality Review Act.
(f)
Public hearing on preliminary plat application.
(g)
Planning Board action on preliminary plat application.
(h)
Decision on preliminary plat filed with the Town Clerk and appropriate
agencies.
(j)
Public hearing on final plat, if necessary.
(k)
Planning Board action on final plat application.
(l)
Completion of improvements or posting of bond, certified checks,
or suitable alternative surety, including all applicable fees.
(m)
Upon a determination that all conditions have been met, Planning
Board certification and signing of plat, if approved.
(n)
Decision on final plat filed with the Town Clerk and appropriate
agencies.
A.
Site alterations. During the subdivision review, no
site disturbance shall take place, such as road construction or grading,
except that which is directly related to obtaining any required approvals
(e.g., surveying, test pits and the location of stakes), that would
alter, remove or relocate any existing features including, but not
limited to, wetlands, stone walls, steep slopes, rock outcroppings,
trees, general vegetation, streams and watercourses.
[Amended 1-6-2009 by L.L. No. 1-2009]
B.
State Environmental Quality Review Act (SEQRA) procedures.
The procedure for subdivision review and approval shall run concurrently
with the State Environmental Quality Review Act process. The Planning
Board shall have the discretion to make adjustments to the time periods
specified in these regulations when there is mutual agreement with
the applicant in order to provide reasonable time for the preparation,
review, and public hearings with respect to the SEQRA review. The
Planning Board shall carry out the terms and requirements of 6 NYCRR
Part 617 et seq. implementing SEQRA with minimal procedural delay,
shall avoid unnecessary duplication of reporting and review requirements
by providing, where feasible, for combined or consolidated proceedings,
and shall expedite all proceedings under SEQRA in the interest of
prompt review.
C.
Conservation and conventional subdivisions. Conservation,
average density and conventional subdivisions must obtain approvals
from the Town in accordance with these subdivision regulations and
other applicable provisions of the Town Code such as provisions in
the Zoning Law concerning the Conservation Design Overlay District.
Any subdivisions requiring special use permits should not proceed
with a subdivision application until said special permit is obtained.
D.
A parcel of land that is described as one parcel on a recorded deed but which is bisected by a public right-of-way, whether defined by legal boundaries or established by public use, shall be subject to the provisions of § 169-17 below for purposes of creating a separate lot on either side of the public right-of-way.
[Added 1-6-2009 by L.L. No. 1-2009]
If a proposed action qualifies as a lot line
adjustment the following procedures shall be used instead of those
set forth for preliminary and final plat approval in these subdivision
regulations:
A.
The Planning Board shall review the proposed lot line
adjustment in order to make a finding that such action will not create
any new nonconforming conditions under the Zoning Law with regard
to lot size, setbacks or other required dimensions and will not impede
the maintenance of existing or development of future access or utility
services to either affected lot. To enable the Planning Board to make
such a finding, a map of the lots shall be submitted showing the location
of any existing wells, sewage disposal systems and reserve areas and
driveways; all utilities, including above and below ground; all structures
including accessory structures; all easements; and a bulk table demonstrating
how each lot conforms to the Density Control Schedule of the Zoning
Law[1] applicable to the district in which said lots are situated. If the Planning Board cannot make such a finding, it shall process the application as a subdivision under the procedures set forth in §§ 169-20 through 169-41 of the Town of Marbletown Code.
[Amended 1-6-2009 by L.L. No. 1-2009]
B.
Upon approval of a finding as set forth in Subsection A above, and receipt of a map prepared by a licensed surveyor which depicts the original lot line as "lot line to be deleted" and the proposed lot line as "new lot line," the Planning Board may approve the lot line adjustment and complete the lot line adjustment certificate which authorizes filing of the approved map. No public hearing is required, but the Planning Board may, at its option, conduct a public hearing prior to taking action on the lot line adjustment.
In order to expedite the application review
process, particularly for major subdivisions, the applicant shall
attend a preapplication conference with the Planning Board or its
designee to review a sketch plan and to discuss relevant issues, procedures
and requirements, which will be applicable during the review process.
The subdivider should become familiar with the regulations, standards
and requirements contained in this chapter, and the New York State
Environmental Quality Review Act and Town Law, as well as with any
other applicable Town, county, state and federal requirements.
A.
Data to be submitted. The purpose of the sketch plan
is to provide the Planning Board and the applicant an opportunity
to discuss the proposed subdivision during the formative stages. The
nature and extent of the detail submitted will depend on data readily
available from public sources. The sketch shall be at a convenient
scale of no more than 200 feet to the inch and shall contain the date
of preparation, approximate true North point, title "sketch plan"
and the graphic scale.
(1)
The name and address of the owner or owners of the
land to be subdivided, the name and address of the subdivider, if
other than the owner, the proposed name of the subdivision, the Town
of Marbletown, and Ulster County.
(2)
A map of the location of the tract with respect to
surrounding properties and physical features, such as wetlands, streams,
ridges, and floodplains, and community facilities, such as roads,
parks, and schools. Such map is to be at a scale of either 800 or
2,000 feet to the inch and shall identify all property within 2,000
feet of the subdivision.
(3)
All existing restrictions on the use of land, including
easements, covenants, zoning district boundary lines, lot area and
bulk requirements and street lines.
[Amended 1-6-2009 by L.L. No. 1-2009]
(4)
The location of all existing structures, such as buildings,
stone walls and all pertinent natural features that may influence
the design of the subdivision, such as wetlands, topography, steep
slopes (15% or more), watercourses, swamps, rock outcroppings and
wooded areas.
[Amended 1-6-2009 by L.L. No. 1-2009]
(5)
Soil characteristics as determined by the U.S. Department
of Agriculture, Soil Conservation Service, through the Ulster County
Soil and Water Conservation District, where available.
(6)
Other data which may influence the design of the proposed
subdivision and the health, safety, and welfare of future residents
including, but not limited to, a full environmental assessment form.
(7)
A sketch plan of the proposed area to be subdivided
and of all contiguous property owned or optioned by the subdivider,
showing in simple form the proposed layout of roads, lots, and other
features. Such sketch plan shall be prepared on a transparent sheet
that can be overlayed on the map of existing data. In case a tract
is subdivided into larger parcels than ordinary building lots, such
parcels shall be arranged to as to allow the opening of future streets
and logical further resubdivision.
(8)
Prior to review of the sketch plan for a major subdivision,
the Planning Board shall schedule a site inspection with the applicant
to develop a mutual understanding of the general nature of the site
and the approach for subdividing the tract. Site inspections of minor
subdivisions may be scheduled as the Planning Board deems necessary.
B.
Review of sketch plan.
(1)
The sketch plan should diagrammatically illustrate initial thoughts about a conceptual layout for protected open space, house sites, and street alignments, and shall be based closely upon the information contained in the data submitted above. The sketch plan shall also be designed in accordance with the design process set forth in Appendix A of these subdivision regulations if the application is for a conservation or average density subdivision.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
The Planning Board shall review the sketch plan in
accordance with the criteria contained in this chapter and with other
applicable local laws of the Town. Its review shall informally advise
him/her of the extent to which the proposed subdivision or land development
conforms to the relevant standards of this chapter, and may suggest
possible plan modifications that would increase its degree of conformance.
The Planning Board shall also classify the subdivision as "major"
or "minor" as defined herein and a notation to that effect shall be
made in the record and on the sketch plan. Its review shall include
but not be limited to:
(a)
The location of all areas proposed for land
disturbance (streets, foundations, yards, septic disposal systems,
stormwater management areas, etc.) with respect to identified notable
features of natural or cultural significance.
(b)
The potential for street connections with existing
streets, other proposed streets, or potential developments on adjoining
parcels.
(c)
The location of proposed access points along
the existing road network.
(d)
The proposed building density and impervious
coverage.
(e)
The compatibility of the proposal with respect
to the objectives and policy recommendations of the development plan
and the open space plan, if any.
(f)
Consistency with the local zoning law.
(3)
The Board shall submit its written comments to the
applicant within 62 days of the first public meeting at which a complete
sketch plan was first submitted, advising him/her of modifications
that are highly recommended prior to submitting a preliminary plat.
Prior to the filing of an application for the approval of a major subdivision, the applicant shall file an application for the consideration of a preliminary plat of the proposed subdivision in the form described in § 169-22 below. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions in §§ 276 and 277 of the Town Law, except where a waiver is given by the Planning Board. The application for approval of a preliminary plat shall be made at least 14 days prior to a scheduled monthly meeting of the Planning Board and shall be accompanied by a fee established by the Town Board. The Planning Board will act on the subdivision application in accordance with the procedures and timelines in Article 16 of the Town Law.
In accordance with the fees, escrows and reimbursable
costs provision in the supplementary regulations of the Town Zoning
Law and any amendments thereto, the applicant shall be responsible
for all reasonable engineering, planning, legal and other project
review costs incurred by the Town in connection with the review of
the subdivision application.
The following documents shall be submitted for
approval:
A.
All information required for sketch plan review and
a full environmental assessment form and/or draft environmental impact
statement (DEIS) as required by the lead agency under SEQRA. Preliminary
plat applications shall not be considered complete until the applicant
has submitted all of the information required by these regulations
and other applicable Town Code provisions and all of the information
required by SEQRA and either a negative declaration has been filed
or a notice of completion of the draft environmental impact statement
has been filed. The time periods for review of a complete preliminary
plat application shall begin upon filing of such negative declaration
or such notice of completion in accordance with Article 16 of the
Town Law.
B.
Ten copies of the preliminary plat prepared at a scale
of 100 feet to the inch, or such other scale as the Planning Board
may deem appropriate, showing:
(1)
Proposed subdivision name, name of Town and county
in which it is located, date, true North point, scale, name and address
of record owner, applicant, and engineer or surveyor, including license
number and seal.
(2)
The name of all subdivisions immediately adjacent
and the name of the owners of record of all adjacent property.
(3)
Land use zoning districts (where applicable).
(4)
All parcels of land proposed to be dedicated to public
use or preserved as open space and the conditions of such dedication
or preservation.
(5)
Location of existing sewers, water mains, culverts,
and drains on the property, with pipe sizes, grades, and direction
of flow.
(6)
The width and location of any streets or other public
ways within the area to be subdivided, and the width, location, grades,
and street profiles of all private roads, common driveways, or public
ways proposed by the applicant. Where the preliminary layout submitted
covers only a part of the subdivider's entire holding, a sketch of
the prospective future street system of the unsubmitted part shall
be furnished. The street system of the submitted part will be considered
in light of adjustments and connections with the street system of
the part not submitted.
(7)
The approximate location and size of all proposed
water lines, valves, hydrants, sewer lines, and fire protection facilities;
connection to existing lines or alternate means of water supply or
sewage disposal and treatment as provided in the Public Health Law;
profiles of all proposed water and sewer lines.
(8)
Erosion and stormwater control plan.
(9)
Plans and cross sections showing the proposed location
and type of sidewalks, streetlighting standards, street trees (species,
size, and location), curbs, water mains, sanitary sewers and storm
drains and the size and type thereof, the character, width, and depth
of pavements and subbase, and the location of manholes, basins, and
underground conduits.
(10)
Preliminary designs of any bridges or culverts,
which may be required.
(11)
The proposed lot lines with approximate dimensions
and area of each lot.
(12)
Where the topography is such as to make difficult
the inclusion of any of the required facilities within the public
areas as laid out, the boundaries of proposed permanent easements
over or under private property. The permanent easements shall not
be less than 20 feet in width and shall provide satisfactory access
to an existing public highway or other public highway or public open
space shown on the subdivision plat.
(13)
The results of percolation tests on each lot
intended for building habitable structures and a note stating that
all on-site sanitation and water supply facilities shall be designed
to meet the minimum specifications of the Ulster County Department
of Health.
(14)
A 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 the
tract shall also be located on the ground and marked by monuments
as approved by the Town Engineer and shall be referenced and shown
on the plat. When the area of a proposed subdivision involved in the
creation of new or revised lots represents less than 15% of the total
land area of the tract in the same ownership, the requirements for
a survey of the entire property boundary may be waived by the Planning
Board. In such case, the entire tract shall be depicted based on a
deed plot or similar representation and the source of the boundary
delineation clearly noted on the plat.
(15)
The number of lots to be created by the plat.
If the subdivision is phased, the number of lots permitted in the
future in each phase.
[Amended 1-6-2009 by L.L. No. 1-2009]
(16)
(17)
If the property to be subdivided is in an agricultural
district and contains a farm operation or lies within 500 feet of
a farm operation in an agricultural district, an agricultural data
statement, as required by § 305-a, Subdivision 2 of the
Agriculture and Markets Law.
C.
Other agency review. Where review is required by other
agencies such as the Ulster County Department of Health, tentative
written recommendations of these agencies shall be filed by the Subdivider
with the Planning Board.
D.
Documents proposing ownership and management of undedicated
lands, roads, structures and utilities shall be provided in accordance
with the requirements set forth below:
(1)
Documents evidencing the creation of a community association
such as a homeowners' association or a condominium association shall
be provided for all subdivision and land development applications
which propose lands or facilities to be used or owned in common by
all the residents of that subdivision or land development and not
deeded to the Town or the county or private conservation organization.
The elements of these types of documents, such as articles of incorporation,
offering plans, bylaws, declaration of covenants, conditions and restrictions
and rules and regulations, shall include, but shall not necessarily
be limited to, the following:
(a)
Description of all lands and facilities to be
owned by the community association. This description shall include
a map and survey of the proposal highlighting the precise location
of those lands and facilities.
(b)
Statements setting forth the powers, duties,
and responsibilities of the community association and the residents,
including the services to be provided and fees, fines and assessments
to be paid.
(c)
Language in the declaration of covenants, conditions,
and restrictions providing for automatic association membership for
all owners in the subdivision or land development and shall describe
the mechanism by which owners participate in the association, including
voting, elections, and meetings. Furthermore, it shall give power
to the association to own and maintain the common property and to
make and enforce rules.
(d)
Language describing the process by which community
association decisions are reached and setting forth the authority
to act.
(e)
A process for transition of control of the community
association from the developer to the unit owners.
(f)
Statements describing how the lands and facilities
of the community association will be insured, including limit of liability.
E.
A plan for maintenance of protected open space lands and operation of common facilities in accordance with the requirements of § 169-50 herein.
F.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapters 167 and 200 of the Marbletown Code shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapters 167 and 200 of the Marbletown Code. The approved preliminary subdivision plat shall be consistent with the provisions in such chapters. If a SWPPP is not required because it is waived, the subdivision plan will include GPS (Global Positioning System) reference data for stormwater outfalls and permanent structures built in accordance with New York State Stormwater Management Design Manual.
[Added 1-15-2008 by L.L. No. 3-2008]
The Planning Board shall study the practicability
of the preliminary plat, taking into consideration the requirements
of the community, the purposes and requirements of the Comprehensive
Plan and the Zoning Law, the impacts of the proposed subdivision on
surrounding farm operations, and the best use of the land being subdivided.
Particular attention shall be given to the arrangement, location,
and width of the streets, the relation to the topography of the land;
water supply, sewage disposal, and drainage; lot sizes; shape and
arrangement; the future development of adjoining lands as yet unsubdivided;
and other matters enumerated in Article 16 of the Town Law.
The subdivider or his duly authorized representative
shall attend a regular meeting of the Planning Board to discuss the
preliminary plat application.
Upon receipt of a major subdivision application
containing an agricultural data statement, the Secretary of the Planning
Board shall mail a copy of the agricultural data statement to the
owners of the land identified by the subdivider in the agricultural
data statement.
A.
Within 62 days of the preliminary plat application
being deemed complete, the Planning Board shall hold a public hearing,
which hearing shall be advertised at least once in a newspaper of
general circulation in the Town at least five days before such hearing.
The subdivider shall notify, by certified mail, all owners of land
abutting the property designated for subdivision (including those
across the street) at least 10 days prior to the public hearing. The
Planning Board may provide that the hearing be further advertised
in such manner as it deems appropriate for full public consideration
of such preliminary plat. Within 62 days after the date of such hearing,
the Planning Board shall approve, with or without modification, or
disapprove the preliminary plat, and the ground of the modification,
if any, or the ground for disapproval, shall be stated upon the records
of the Planning Board. The time in which the Planning Board must take
action on the plat may be extended by mutual consent of the subdivider
and the Planning Board. When approving a preliminary plat, the Planning
Board shall state in writing such modifications, if any, as it deems
necessary for submission of the plat in final form. Within five days
of the approval of the preliminary plat, it shall be certified by
the Secretary of the Planning Board as granted preliminary approval
and a copy of the Plat and resolution shall be filed in such Secretary's
office. A copy of such resolution shall be mailed to the owner and
filed in the Office of the Town Clerk within five business days of
the adoption of such resolution. In the event the Planning Board fails
to take action on a preliminary plat within the time prescribed therefor,
such preliminary plat shall be deemed granted approval. The certificate
of the Town Clerk as to the date of submission, and the failure of
the Planning Board to take action within such prescribed time, shall
be issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval herein required.
B.
When granting approval to a preliminary plat, the
Planning Board shall state the terms of such approval, if any, with
respect to:
(1)
The modifications it requires to the preliminary plat.
(2)
The character and extent of the required improvements
for which waivers may have been requested and which in its opinion
may be waived without jeopardy to the public health, safety, morals,
and general welfare.
(3)
The amount of improvement or the amount of all bonds
therefor which it will require as a prerequisite to the approval of
the subdivision plat.
C.
Coordination with the SEQRA.
(1)
Preliminary plats shall not be considered complete
until the subdivider has submitted all of the information required
under SEQRA and either a negative declaration has been filed or a
notice of completion of the DEIS has been filed. The time periods
for review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
(2)
If the Planning Board is lead agency under SEQRA,
any public hearing held by the Planning Board on a preliminary plat
shall be coordinated with the environmental review process as follows:
(a)
If the Planning Board determines that the preparation
of an EIS is not required, the Planning Board shall issue a negative
declaration and conduct the public hearing on the proposed plat within
62 days after the receipt of a complete preliminary plat; or
(b)
If the Planning Board determines that the preparation
of an EIS is required and a public hearing on the DEIS is held, the
public hearing on the proposed plat and the draft environmental impact
statement shall be held jointly within 62 days after the filing of
the notice of completion of such DEIS. If no public hearing is held
on the DEIS, the public hearing on the proposed plat shall be held
within 62 days of filing the notice of completion.
(c)
The hearing on the proposed plat shall be advertised
at least once in the official newspaper of the Town at least five
days before such hearing if held independently of the hearing on the
DEIS, or 14 days before a hearing held jointly therewith. The hearing
on the proposed plat shall be completed within 120 days after it has
begun.
(d)
If the Planning Board determines that an EIS
is required, and a public hearing is held on the DEIS, the FEIS shall
be filed 45 days following the close of such public hearing. If no
public hearing is held on the DEIS, the FEIS shall be filed within
62 days following the close of the public hearing on the proposed
plat. The Planning Board shall issue findings on the FEIS and make
its decision on the proposed preliminary plat within 30 days of the
filing of such FEIS.
(3)
If the Planning Board is not lead agency under SEQRA,
any public hearing held by the Planning Board on a preliminary plat
shall be coordinated with the environmental review process as follows:
(a)
The Planning Board shall, with the agreement
of the lead agency, hold the public hearing on the proposed plat jointly
with the lead agency's hearing on the DEIS. Failing such agreement,
or if the lead agency does not hold a public hearing on the DEIS,
the Planning Board shall hold the public hearing on the proposed plat
within 62 days after the receipt of a complete plat by the Planning
Board.
(b)
The hearing on the proposed plat shall be advertised
at least once in the official newspaper of the Town at least five
days before such hearing if held independently of the hearing of the
DEIS, or 14 days before a hearing held jointly therewith. The Planning
Board may provide that the hearing be further advertised in such a
manner as it deems most appropriate for full public consideration
of such plat. The hearing on the preliminary plat shall be completed
within 120 days after it has begun.
(c)
The Planning Board shall act on the proposed
plat within 62 days after the close of the public hearing on such
Plat.
Within six months after the approval of the
preliminary plat, the subdivider shall file the plat in final form
with the Planning Board, accompanied by required fees and information
specified herein. If the final plat and accompanying materials are
not submitted within six months, approval of the preliminary plat
may be revoked by the Planning Board.
A.
General specifications. All final subdivision plats
shall be clearly drawn on a transparent stable material such as Mylar
or Chronoflex, suitable for reproduction using black waterproof ink.
Such plat shall be at a convenient scale of no more than 100 feet
to the inch and shall be submitted on uniform sheets not larger than
36 inches by 48 inches. Where more than one sheet is required, a scale
map showing the entire subdivision on one sheet shall be submitted.
B.
Copies required. The subdivider shall submit to the
Planning Board one transparency as required herein which will be filed
with the County Clerk, one transparent sepia-type copy for the records
of the Planning Board, and five prints.
C.
Details required on final plat. In addition to the
information required for the preliminary plat, the subdivision plat
shall show or be accompanied by the following information, except
where requirements have been waived by the Planning Board:
(1)
Name of the subdivision, name, address and signature
of the owner and subdivider, and a further reference to the location
as the Town of Marbletown and Ulster County.
(2)
A map of the location of the tract with respect to
surrounding properties and community facilities, such as roads, parks
and schools, at a scale of either 800 feet or 2,000 feet to the inch.
(3)
Date of preparation, graphic scale, approximate true
North point, bearings and distances of the tract's boundaries.
(4)
To the extent possible, the current names of all adjoining
property owners of record shall be indicated on the plat.
(5)
The location and dimension of all public properties,
streets, easements, building lines, or restrictions on the tract.
(6)
The location of existing and proposed sewers, water
mains, culverts and storm drains, including pipe size and type, grades,
direction of flow, ownership.
(7)
The location, width, grade, names of all proposed
streets with elevations shown at the beginning and end of each street,
at street intersections, at all points where there is a decided change
in slope or direction shown on the plat.
(8)
Radii of all curves and lengths of arcs.
(9)
Profiles showing existing and proposed elevations
along the center lines of all streets. Where a proposed street intersects
an existing street or streets, the elevation along the center line
of the existing street or streets, within 100 feet of the intersection,
shall be shown.
(10)
The Planning Board may require a cross section
where steep slopes exist, showing present elevations of all proposed
streets every 100 feet at five points on a line at right angles to
the center line of the street, and said elevation points shall be
at the center line of the street, each property line, and points 30
feet inside each property line.
(11)
Plans and profiles showing the location and
a typical cross section of street pavements, including curbs and gutters,
sidewalks, manholes and catch basins; the location of street trees,
streetlighting standards and street signs; the location, size and
invert elevations of existing and proposed sanitary sewers, stormwater
drains, and fire hydrants; and the exact location and size of all
water, gas or other underground utilities or structures.
(12)
The area of the land included in the subdivision
and the location, dimensions, and area (in acres unless such area
is less than one acre in which case the area shall be provided in
square feet) of all existing or proposed lots and land to be set aside
for recreation or public purposes. All lots shall be numbered for
identification.
[Amended 1-6-2009 by L.L. No. 1-2009]
(13)
The location of all existing water bodies, swamps,
or streams that will be retained or relocated or intended to be developed.
Existing buildings which shall be retained or removed shall be so
identified.
(14)
Sufficient data acceptable to the Town Engineer,
to readily determine the location, bearing, and length of all lines
and to reproduce such lines on the ground.
(15)
The location of all existing and proposed monuments
and markers.
(16)
Offers of cession in a form satisfactory to
the Town Board and Planning Board for all land offered, or to be offered,
for dedication for streets, highways, easements, parks or other public
facilities.
(17)
Proposed covenants, deed restrictions, and/or
easements proposed by the applicant.
(18)
The following notations shall be shown on the
plat, as appropriate:
(a)
Endorsement by the Ulster County Department
of Health, and any stipulations of that Department (only tentative
written endorsement is necessary before the public hearing, but final
endorsement on the plat is needed before filing with the County Clerk).
(b)
Explanation of drainage easements as follows:
"The drainage easements (or the drainage discharge points) shown hereon
establish the perpetual right to discharge stormwater runoff from
the highway and from the surrounding area onto and over the affected
premises by means of pipes, culverts, or ditches, or a combination
thereof, together with the right of the holder of fee title to the
highway, or his authorized representatives, to enter said premises
for purposes of making such installations and doing such maintenance
work as said holder of fee title may deem necessary to adequately
drain the highway and surrounding area."
(c)
Explanation of sight easements as follows: "The
sight easements shown hereon establish the perpetual right of the
holder of fee title of the highway, or his authorized representatives,
to clear, regrade and maintain the area within these easements at
such elevation that there is a clear line of sight anywhere across
the area between an observer's eye at an elevation of three and a
half feet above the surface at the nearest edge of the road and an
object one foot above the nearest edge of pavement on the intersecting
road."
(d)
Explanation of reservations as follows: "Reserved
for highway purposes (or recreation purposes, or other approved purpose)."
(e)
Explanation of slope easement, as follows: "The
slope easements shown hereon convey to the (insert here Town of Marbletown,
'holder of fee title of the highway' or other phrases as directed
by the Planning Board) the right to enter said premises for the purpose
of cutting and maintaining a stable earth slope."
(f)
Endorsement of owner as follows: "I hereby grant
my approval to this plat and consent to the filing of it in the Office
of the Ulster County Clerk."
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(19)
Stormwater pollution prevention plan. A SWPPP consistent with the requirements of Chapters 167 and 200 of the Marbletown Code and with the terms of preliminary plat approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapters 167 and 200 of the Marbletown Code. The approved final subdivision plat shall be consistent with the provisions in such chapters. This requirement cannot be waived by the Planning Board.
[Added 1-15-2008 by L.L. No. 3-2008]
Water and sewer facility proposals and MS4 stormwater
plans contained in the subdivision plat shall be properly endorsed
and approved by the Ulster County Department of Health and/or New
York State Department of Environmental Conservation. Approval of plans
for sewer or water facilities shall be obtained by the subdivider
from all municipal, county, state, and federal agencies having jurisdiction
over such matters before submission of the subdivision plat. Certified
copies of permits signed by a responsible official of the State Department
of Transportation or the Ulster County Superintendent of Highways,
approving proposed construction and/or discharge on state or county
rights-of-way, shall be submitted. Certified copies of permits signed
by a responsible official of DEC shall be submitted when the development
falls within the scope of the agency's jurisdiction.
When a final plat in conformance with these
provisions is submitted, which the Planning Board deems to be in substantial
agreement with a preliminary plat approved pursuant to this chapter,
the Planning Board shall, by resolution, conditionally approve with
or without modification, or grant final approval and authorize the
signing of such plat, within 62 days of its receipt by the Secretary
of the Planning Board.
When a final plat is submitted in conformance
with the provisions herein, which the Planning Board deems not to
be in substantial agreement with a preliminary plat approved pursuant
to this chapter, or if no preliminary plat is required to be submitted,
the following shall apply:
A.
Planning Board as lead agency under SEQRA; public
hearing; notice; decision.
(1)
Public hearing on final plats. The time within which
the Planning Board shall hold a public hearing on such final plat
shall be coordinated with any hearings the Planning Board may schedule
pursuant to SEQRA as follows:
(a)
Environmental impact statement not required.
If the Planning Board determines that the preparation of an EIS is
not required, the public hearing on a final plat not in substantial
agreement with a preliminary plat shall be held within 62 days after
the receipt of a complete final plat; or
(b)
Environmental impact statement required. If
the Planning Board determines that an EIS is required, and a public
hearing on the DEIS is held; the public hearing on the final plat
and the DEIS shall be held jointly within 62 days after the filing
of the notice of completion of such DEIS in accordance with the provisions
of SEQRA. If no public hearing is held on the DEIS, the public hearing
on the final plat shall be held within 62 days following filing of
the notice of completion.
(2)
Public hearing; notice; length. The hearing on the
final plat shall be advertised at least once in a newspaper of general
circulation in the Town at least five days before such hearing if
no hearing is held on the DEIS, or 14 days before a hearing held jointly
therewith. 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 final plat. The hearing on the final plat shall
be closed upon motion of the Planning Board within 120 days after
it has been opened.
(3)
Decision on final plat.
(a)
Environmental impact statement is not required.
If the Planning Board determines that the preparation of an EIS on
the final plat is not required, 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 close of the public hearing; or
(b)
Environmental impact statement is required.
If the Planning Board determines that an EIS is required, and a public
hearing is held on the DEIS, the FEIS shall be filed within 45 days
following the close of such public hearing in accordance with the
provisions of SEQRA. If no public hearing is held on the DEIS, the
FEIS 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 findings on such FEIS and shall by
resolution conditionally approve, with or without modification, disapprove,
or grant final approval and authorize the signing of such plat.
(4)
Grounds for decision. The grounds for modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
B.
Planning Board not as lead agency under SEQRA; public
hearing; notice; decision.
(1)
Public hearing. The Planning Board shall, with the
agreement of the lead agency, hold the public hearing on the final
plat jointly with the lead agency's hearing on the DEIS. Failing such
agreement, or if no public hearing is held on the DEIS, the Planning
Board shall hold the public hearing on the final plat within 62 days
after the receipt of a complete final plat by the Secretary of the
Planning Board.
(2)
Public hearing; notice; length. The hearing on the
final plat shall be advertised at least once in a newspaper of general
circulation in the Town at least five days before such hearing if
held independently of the hearing on the DEIS, or 14 days before a
hearing held jointly therewith. 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 final plat. The
hearing on the final 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 conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such final plat as follows:
(a)
If the preparation of an EIS on the final plat
is not required, the Planning Board shall make its decision within
62 days after the close of the public hearing on the final plat.
(b)
If the EIS is required, the Planning Board shall
make its decision on the final plat within 62 days after the close
of the public hearing on such final 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.
A.
Certification of final plat. Within five business
days of the adoption of the resolution granting conditional or final
approval of the final plat, such plat shall be certified by the Secretary
of the Planning Board as having been granted conditional or final
approval and a copy of such resolution shall be filed in the Secretary's
office and mailed to the subdivider. In the case of a conditionally
approved plat, such resolution shall include a statement of the requirements
which when completed will authorize the signing thereof. Upon completion
of such requirements the plat shall be signed by said duly authorized
officers of the Planning Board and a copy of such signed plat shall
be filed in the office of the Secretary of the Planning Board or filed
with the Town Clerk as determined by the Town Board.
B.
Approval of final plat in sections. 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 insure 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 the 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.
C.
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval unless all requirements stated in
such resolution have been certified as completed. The Planning Board
may extend by not more than two additional periods of 90 days each,
the time in which a conditionally approved plat must be submitted
for signature if, in the Planning Board's opinion, such extension
is warranted by the particular circumstances.
The time periods prescribed herein within which
a Planning Board must take action on a final plat are specifically
intended to provide the Planning Board and the public adequate time
for review and to minimize delays in the processing of subdivision
applications. Such periods may be extended only by mutual consent
of the owner and the Planning Board. In the event the Planning Board
fails to take action on a final plat within the time prescribed therefor
after completion of all requirements under SEQRA, or within such extended
period as may have been established by the mutual consent of the owner
and the Planning Board, such final plat shall be deemed granted approval.
The certificate of the Town Clerk as to the date of submission of
the final plat and the failure of the Planning Board to take action
within the prescribed time shall be issued on demand and shall be
sufficient in lieu of written endorsement or other evidence of approval
herein required.
Within five business days from the date of the
adoption of the resolution stating the decision of the Board on the
final plat, the Chairman 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.
The owner shall file in the office of the County Clerk
or register such approved final plat or a section of such plat within
62 days from the date of final approval or such approval shall expire.
The following shall constitute final approval:
(1)
The signature of the duly authorized officer of the
Planning Board constituting final approval by the Planning Board of
a plat as herein provided; or
(2)
The approval by such Board of the development of a
plat or plats already filed in the Office of the County Clerk or register
of the County in which such plat or plats are located, if such plats
are entirely or partially undeveloped; or
(3)
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.
B.
In the event the owner shall file a section of such
approved plat in the office of the County Clerk or register, 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 Town
Law § 265-a.
Before the Planning Board Chairman or other
authorized person may sign the final plat, the subdivider shall either
post a bond, or certified check, bank passbook, or other surety satisfactory
to the Town Board, in an amount sufficient to construct required improvements,
or shall complete the required improvements to the satisfaction of
the Town Engineer or other authorized person.
A.
When bond or certified check or other surety is posted.
The subdivider shall either file with the Town Clerk a bond or certified
check, or other surety to cover the full cost of the required improvements
as determined by the Town Engineer. Any such bond or surety shall
comply with the requirements of § 277 of the Town Law and
shall be satisfactory to the Town Board as to form, sufficiency, manner
of execution and surety. A period of one year, or such other period
as the Planning Board may determine appropriate, but not to exceed
three years, shall be set forth in the bond and as a condition of
the final plat approval within which required improvements must be
completed. Any bond or other surety shall be released only upon certification
by the Town Board, Planning Board, Engineer and Highway Superintendent
that all required improvements have been satisfactorily completed.
This provision applies to all improvements whether such improvements
are to be held in private ownership or dedicated to the Town.
B.
When no bond is posted. When no bond, certified check,
or other surety satisfactory to the Town Board is posted, the subdivider
shall complete all required improvements to the satisfaction of the
Town Engineer who shall file with the Planning Board a letter signifying
the satisfactory completion of all improvements required by the Planning
Board.
C.
As-built drawings necessary. The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted, indicating the actual location of all required improvements and monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to § 169-36B, then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer.
D.
Maintenance bond. The subdivider shall file with the
Town a maintenance bond in the amount determined by the Town Engineer
to be adequate to assure the satisfactory condition of the initial
public improvements for a period of one year following their completion
and acceptance by the Town. Such bond shall be satisfactory to the
Town Attorney and the Town Board as to form, manner or execution and
surety.
E.
Inspection of improvements.
(1)
Inspection fee required. In accordance with Article
IX of the Zoning Law, the subdivider shall provide to the Town an
escrow deposit at least five days prior to the start of construction
to cover the actual reasonable costs incurred by the Town for inspection
of the public improvements. Such deposit shall not exceed 1 1/2%
of the performance bond and shall be replenished as necessary. No
building permits will be issued for the subdivision until such time
as the inspection costs have been paid by the subdivider.
(2)
Specifications. All required improvements shall be
installed in accordance with specifications therefor established for
an individual item. The subdivider shall furnish to the Town Engineer
copies of the specifications included in any contract entered into
by the subdivider for such construction prior to the start of construction
of any required improvements.
(3)
Supervision by professional engineer required. The
construction of all required improvements shall be supervised by a
professional engineer employed by the subdivider, who, after completion
of construction, shall certify in writing to the Board that all required
improvements have been constructed as required and approved by the
Board or such requirements have been modified by the Town Engineer.
(4)
Inspections by Planning Board and Town Engineer. All
improvements shall be subject to inspection and approval by the Town
Engineer, who shall be notified by the subdivider at least 48 hours
prior to the start of construction. The Town Engineer or other duly
designated official may inspect required improvements during construction
to assure their satisfactory completion prior to commencement of construction
or development of the approved final plat.
(5)
Subdivider responsible for compliance. Whether or
not the Town Engineer or other duly designated official carries out
inspection of required improvements during construction, the subdivider
shall not in any way be relieved of his responsibilities to comply
with this chapter.
If at any time before or during the construction
of the required improvements it is demonstrated to the satisfaction
of the Town Engineer and the Planning Board that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the Planning Board may authorize modifications,
provided these modifications are within the spirit and intent of the
Planning Board's approval and do not extend to the waiver or substantial
alteration of the function of any improvements required by the Board.
If the Town Engineer shall find, upon inspection
of improvements performed before the expiration date of the performance
bond, that any of the required improvements have not been constructed
in accordance with the plans and specifications filed by the subdivider,
he shall so report to the Town Board 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. No plat shall be approved by the Planning Board as
long as the subdivider is in default on a previously approved plat.
A.
Upon completion of the requirements set forth in these
subdivision regulations, the final plat shall be signed by the Chairman
of the Planning Board, or Deputy Chairman in the Chairman's absence,
and should be filed by the subdivider in the office of the Ulster
County Clerk. Planning Board approval of a final plat shall not be
deemed an acceptance by the Town of any street or other land shown
as offered for dedication to public use.
B.
Distribution. After the Planning Board Chairman or
Acting Chairman signs his or her approval, the documents shall be
distributed in the following manner:
(1)
Subdivider: all original final plat drawings and the
opaque reproducible print, the former to be filed by the Subdivider
in the Ulster County Clerk's office within 62 days from the date they
are signed.
(2)
Building Inspector: one final plat paper print and
public improvement paper print, showing the official file date and
file map number of the Ulster County Clerk's office.
(3)
Tax Assessor: one final plat paper print showing the
official file date and filed map number of the Ulster County Clerk's
office.
(4)
Town Clerk: one final plat paper print showing official
file date and filed map number of the Ulster County Clerk's office.
(5)
Town Engineer or other delegated Town officer: one
paper print each of the final plat and the public improvement and
utilities plan and profiles.
(6)
Town Superintendent of Highways: one paper print each
of the final plat and the public improvement plan.
(7)
Planning Board: one paper print of the final plat
and the public improvement and utilities plan and profile, showing
official file date and file map number of the Ulster County Clerk's
office.
(8)
School district: one paper print of the final plat.
(9)
Appropriate fire district: one paper print of the
final plat.
No changes, erasures, modifications, or revisions
shall be made in any final plat after approval has been given by the
Planning Board and endorsed in writing on the plat, unless the said
plat is first resubmitted to the Planning Board and such Board approves
any modifications. In the event that any such final 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 Ulster County Clerk.
A.
Offers of cession. In accordance with § 279
of the Town Law, the subdivider may add a notation on the final plat
that no offer of streets, parks, or easements, shown on the plat is
made to the public. Failure to make such notation will constitute
a continuing offer of cession to the Town, which may be accepted by
the Town Board at any time prior to revocation of said offer by the
owner of the land or his agent. Formal offers of cession to the public
of all streets, parks, and easements, except for those streets, parks
and easements not offered, shall be filed with the Planning Board
prior to approval of the plat. The subdivider shall tender offers
of cession in a form certified as satisfactory by the Town Attorney.
In general, no reserve strips controlling access to land dedicated,
or to be dedicated, to public use shall be permitted.
B.
Responsibility for ownership of reservations. Ownership
shall be clearly indicated on all reservations for park and playground
purposes.
C.
Acceptance by Town. Acceptance of any such offer of
cession shall rest with the Town Board. In the event the applicant
shall elect not to file the subdivision plat in the office of the
County Clerk, such offer of cession shall be deemed to be void. The
approval by the Planning Board of a final plat shall not be deemed
to constitute or imply the acceptance by the Town Board of any street,
park, easement, or open space shown on said plat. The Planning Board
may require said plat to be endorsed with an appropriate note to this
effect.
D.
Maintenance of roads and other facilities. In those
cases where no offer of cession to the public is made for the roads,
parks and required easements shown on the plat, there shall be submitted
with the plat copies of agreements or other documents providing for
and fixing responsibility for their suitable maintenance and statements
of all rights which exist with respect to the use of such property
or properties. Such documents shall be reviewed by the Town Attorney
for legal adequacy and competency.
