Article II Procedure for Filing Applications

Sketch plan review is required of resubdivisions, lot line adjustments and minor subdivisions creating fewer than five lots. Municipal staff will review the proposal. All subdivisions are subject to procedures in §§ 242-15 through 242-17. However, lot line adjustments or resubdivisions are subject to the following procedures:

Submit a completed resubdivision application.

The proposed lot line adjustment must meet all of the following conditions:

It does not result in an additional lot being created.

It pertains to the conveyance of a portion of one parcel to an adjoining parcel.

[3]

It results in lots that are equal to or exceed the minimum zoning requirements.

[4]

It does not extend a public road or public utilities.

[5]

It does not result in a configuration that violates any provision of the Town Code or a variance previously granted by the Zoning Board of Appeals.

§ 242-15 Approval of preliminary plats.

Sketch plan review is not required but is recommended for subdivisions involving numerous lots and/or if new roads are being proposed as part of the subdivision. While sketch plan review is conducted at an open meeting, it is not conducted as a public hearing. While the Planning and Zoning Commission acts in good faith, nothing from sketch plan review shall be taken to mean that the application will be approved after preliminary and/or final review until the requirements for those approvals, if necessary, shall have taken place.

Subdivisions. Subdivisions are subject to the procedures set forth below.

Submission of preliminary plats. A preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition and requirements provided in this chapter and the Design Standards.

Compliance with SEQRA. The Planning and Zoning Commission shall comply with the provisions of SEQRA under Article 8 of the Environmental Conservation Law and its implementing regulations.

[Amended 10-1-2014 by L.L. No. 6-2014]

Role of the Glenville Environmental Conservation Commission (GECC). For subdivision applications that constitute a Type I SEQRA action, and when the Planning and Zoning Commission (PZC) is the SEQRA lead agency for a subdivision application that is a Type I SEQRA action, the GECC acts in an advisory capacity to the PZC. In these instances, the GECC conducts the first substantive review of the subdivision application and makes a recommendation to the PZC as to whether or not the application may result in a significant environmental impact. In this capacity, the GECC may ask for additional information from the applicant in order to assess potential environmental impacts.

Receipt of a complete preliminary plat. A preliminary plat 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.

Planning and Zoning Commission as lead agency under SEQRA; public hearing; notice; decision.

Public hearing on preliminary plats. The time within which the Planning and Zoning Commission shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning and Zoning Commission may schedule pursuant to SEQRA, as follows:

If the Planning and Zoning Commission 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 the receipt of a complete preliminary plat by the Clerk of the Planning and Zoning Commission; or

If the Planning and Zoning Commission 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 SEQRA. If no public hearing is held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion.

Public hearing notice and 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, if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning and Zoning Commission 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 and Zoning Commission within 120 days after it has been opened.

Decision. The Planning and Zoning Commission shall approve, with or without modification, or disapprove such preliminary plat as follows:

If the Planning and Zoning Commission determines that the preparation of an environmental impact statement on the preliminary plat is not required, the Planning and Zoning Commission shall make its decision within 62 days after the close of the public hearing; or

If the Planning and Zoning Commission 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 SEQRA. 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 30 days of the filing of such final environmental impact statement, the Planning and Zoning Commission shall issue findings on the final environmental impact statement and make its decision on the preliminary plat.

Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning and Zoning Commission. When approving a preliminary plat subject to modification, the Planning and Zoning Commission shall state in writing any modifications it deems necessary for submission of the plat in final form.

Planning and Zoning Commission not as lead agency under SEQRA; public hearing; notice; decision.

Public hearing on preliminary plats. The Planning and Zoning Commission shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning and Zoning Commission shall hold the public hearing on the preliminary plat within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning and Zoning Commission.

Public hearing notice and 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 if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning and Zoning Commission 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 and Zoning Commission within 120 days after it has been opened.

Decision. The Planning and Zoning Commission shall by resolution approve with or without modification or disapprove the preliminary plat as follows:

If the preparation of an environmental impact statement on the preliminary plat is not required, the Planning and Zoning Commission shall make its decision within 62 days after the close of the public hearing on the preliminary plat.

If an environmental impact statement is required, the Planning and Zoning Commission 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.

Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning and Zoning Commission. When approving a preliminary plat requiring modification, the Planning and Zoning Commission shall state in writing any modifications it deems necessary for submission of the plat in final form.

Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Clerk of the Planning and Zoning Commission as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.

Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution stating the decision of the Planning and Zoning Commission on the preliminary plat, the Chairman or other duly authorized member of the Planning and Zoning Commission shall cause a copy of such resolution to be filed in the office of the Town Clerk.

Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat, the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning and Zoning Commission.

§ 242-16 Approval of final plats.

Submission of final plats. Final plats shall conform to the definition provided by this chapter.

Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning and Zoning Commission deems to be in substantial agreement with a preliminary plat approved pursuant to this article, the Planning and Zoning Commission shall by resolution conditionally approve with or without modification, disapprove, or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Clerk of the Planning and Zoning Commission.

Final plats not in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning and Zoning Commission deems not to be in substantial agreement with a preliminary plat approved pursuant to this article the following shall apply:

Planning and Zoning Commission as lead agency; public hearing; notice; decision.

Public hearing on final plats. The time within which the Planning and Zoning Commission shall hold a public hearing on such final plat shall be coordinated with any hearings the Planning and Zoning Commission may schedule pursuant to SEQRA, as follows:

If the Planning and Zoning Commission determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat or on a final plat when no preliminary plat is required to be submitted, shall be held within 62 days after the receipt of a complete final plat by the Clerk of the Planning and Zoning Commission; or

If the Planning and Zoning Commission 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 final 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 SEQRA. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days following filing of the notice of completion.

Public hearing notice and 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 draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning and Zoning Commission 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 and Zoning Commission within 120 days after it has been opened.

(c)

Decision. The Planning and Zoning Commission shall make its decision on the final plat as follows:

If the Planning and Zoning Commission determines that the preparation of an environmental impact statement on the final plat is not required, the Planning and Zoning Commission shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat within 62 days after the date of the public hearing; or

If the Planning and Zoning Commission 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 SEQRA. 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 final plat. Within 30 days of the filing of the final environmental impact statement, the Planning and Zoning Commission shall issue findings on such final environmental impact statement and shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat.

(d)

Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning and Zoning Commission.

Planning and Zoning Commission not as lead agency; public hearing; notice; decision.

Public hearing. The Planning and Zoning Commission 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 draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning and Zoning Commission shall hold the public hearing on the final plat within 62 days after the receipt of a complete final plat by the Clerk of the Planning and Zoning Commission.

Public hearing notice and 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 draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning and Zoning Commission 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 and Zoning Commission within 120 days after it has been opened.

(c)

Decision. The Planning and Zoning Commission shall by resolution conditionally approve with or without modification, disapprove, or grant final approval and authorize the signing of such plat as follows:

If the preparation of an environmental impact statement on the final plat is not required, the Planning and Zoning Commission shall make its decision within 62 days after the close of the public hearing on the final plat.

§ 242-17 Approval and certification of final plats.

If an environmental impact statement is required, the Planning and Zoning Commission shall make its own findings and 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. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning and Zoning Commission.

Certification of 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 Clerk of the Planning and Zoning Commission as having been granted conditional or final approval and a copy of such resolution and plat shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements, including the required financial security pursuant to § 242-26, which when completed will authorize the signing thereof. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning and Zoning Commission and a copy of such signed plat shall be filed in the office of the Town Clerk.

Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning and Zoning Commission 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 and Zoning Commission. 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 and Zoning Commission.

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 and Zoning Commission 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 and Zoning Commission's opinion, such extension is warranted by the particular circumstances.

§ 242-18 Default approval of preliminary or final plat.

The time periods prescribed herein within which the Planning and Zoning Commission must take action on a preliminary plat or a final plat are specifically intended to provide the Planning and Zoning Commission 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 and Zoning Commission. In the event the Planning and Zoning Commission fails to take action on a preliminary plat or 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 and Zoning Commission, such preliminary or final plat shall be deemed granted approval. The certificate of the Town Clerk as to the date of submission of the preliminary or final plat and the failure of the Planning and Zoning Commission 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.

§ 242-19 Filing of decision on final plat.

Within five business days from the date of the adoption of the resolution stating the decision of the Planning and Zoning Commission on the final plat, the Chairman or other duly authorized member of the Planning and Zoning Commission shall cause a copy of such resolution to be filed in the office of the Town Clerk.

§ 242-20 Notice to County Planning Board.

When required by § 239-m of the General Municipal Law, the Clerk of the Planning and Zoning Commission shall refer all applicable preliminary and final plats to the County Planning Board for review as provided in that section.

§ 242-21 Filing of final plat; expiration of approval.

The owner shall file in the office of the Schenectady County Clerk 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: the signature of the duly authorized officer of the Planning and Zoning Commission constituting final approval by the Planning and Zoning Commission of a plat as herein provided; or the approval by the Planning and Zoning Commission of the development of a plat or plats already filed in the office of the Schenectady County Clerk if such plats are entirely or partially undeveloped; or the certificate of the Town Clerk as to the date of the submission of the final plat and the failure of the Planning and Zoning Commission to take action within the time herein provided. In the event the owner shall file only a section of such approved plat in the office of the Schenectady County Clerk, the entire approved plat shall be filed within 30 days of the filing of such section with the Town Clerk. Such section shall encompass at least 10% of the total number of lots contained in the approved plat and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Subdivision 2 of § 265-a of the New York State Town Law.

§ 242-22 Compliance with zoning regulations.

The lots shown on said plat shall at least comply with the requirements of Chapter 270, Zoning, of the Code of the Town of Glenville, subject, however, to the provisions of § 242-27, Cluster or average-density development.

§ 242-23 Reservation of parkland on subdivision plats containing residential units.

Before the Planning and Zoning Commission may approve a site plan or subdivision plat containing residential units, such site plan or subdivision plat shall also show, when required by the Planning and Zoning Commission, a park or parks suitably located for playground or other recreational purposes.

Land for park, playground or other recreational purposes may not be required until the Planning and Zoning Commission has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town, based on projected population growth to which the particular site plan or subdivision plat will contribute.

In the event the Planning and Zoning Commission makes a finding pursuant to Subsection B of this section that the proposed site plan or subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan or subdivision plat, the Planning and Zoning Commission may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Planning and Zoning Commission shall assess the size and suitability of lands shown on the site plan or subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning and Zoning Commission in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this subsection, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.

§ 242-24 Application for area variance.

Notwithstanding any provision of law to the contrary, where a plat contains one or more lots which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance, pursuant to § 267-b of the New York State Town Law and Chapter 270, Zoning, of the Code of the Town of Glenville , without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. In reviewing such application, the Zoning Board of Appeals shall request the Planning and Zoning Commission to provide a written recommendation concerning the proposed variance. The failure of the Planning and Zoning Commission to provide a written recommendation shall not prevent the Zoning Board of Appeals from acting on the application.

§ 242-25 Waiver of requirements.

The Planning and Zoning Commission may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.

§ 242-26 Financial security.

Furnishing of security. Prior to the filing of the final plat, financial security sufficient to cover the full cost of the installation of infrastructure and improvements, as estimated by the Planning and Zoning Commission after consultation with the Town Engineer or other appropriate consultant designated by the Planning and Zoning Commission or a Town department designated by the Planning and Zoning Commission to make such estimate, where such departmental estimate is deemed acceptable by the Planning and Zoning Commission, shall be furnished to the Town by the owner.

Security where plat approved in sections. In the event that the owner shall be authorized to file the approved plat in sections, as provided in this chapter, approval of the plat may be granted upon the filing of financial security sufficient to cover the costs of the required improvements in the section of the plat filed in the office of the Schenectady County Clerk. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk until security covering the cost of such improvements is provided.

Form of security. Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution, and shall be limited to:

The deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state;

An irrevocable letter of credit from a bank located and authorized to do business in this state;

Obligations of the United States of America; or

§ 242-27 Cluster or average-density development.

Any obligations fully guaranteed as to interest and principal by the United States of America having a market value at least equal to the full cost of such improvements. If not delivered to the Town, such security shall be held in a Town account at a bank or trust company.

Term of security agreement. Any such security agreement shall run for a term to be fixed by the Planning and Zoning Commission but in no case for a longer term than three years; provided, however, that the term of such security agreement may be extended by the Planning and Zoning Commission with consent of the parties thereto. If the Planning and Zoning Commission shall decide at any time during the term of the security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security or that the required improvements have been installed as provided in this section and by the Planning and Zoning Commission in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Town Board, the Planning and Zoning Commission may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning and Zoning Commission.

Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board may thereupon declare the said security agreement to be in default and collect the sum remaining payable thereunder, and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.

Purpose.

The purpose of this section is to permit variation in lot size and housing type in suitable areas in order to encourage flexibility of design, to enable such land to be developed in such a manner as to promote its most appropriate use, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open space, in accordance with § 278 of the New York State Town Law.

This purpose is achieved by permitting lot sizes to be reduced in a subdivision tract if:

The overall density does not exceed that which is otherwise permitted in the applicable zoning district.

The land thus gained is preserved as permanent open space for the use and enjoyment of the residents of the area.

General conditions and requirements.

If a subdivider makes written application to the Planning and Zoning Commission for the use of this procedure, the Planning and Zoning Commission is hereby empowered to implement these provisions at its discretion if, in the Planning and Zoning Commission's judgment, their application at the particular location is desirable and would contribute to the general well-being of the neighborhood and community and would benefit the Town.

The minimum area required to qualify for this procedure shall be 10 contiguous acres of land.

This procedure applies only to residentially zoned land on which residential developments are proposed.

In addition to the foregoing, an average-density development subdivision plat may be approved only if the Planning and Zoning Commission determines:

That such development will not be detrimental to the health, safety or general welfare of persons residing in the vicinity or injurious to property or improvements within its proximity.

That the proposed development is in conformity with the objectives of the Comprehensive Plan.

(c)

That the gross density will be no greater than if the tract were developed in accordance with the existing zoning requirements.

(5)

The subdivider shall dedicate for open space purposes the same percentage of the entire tract as that by which the lot area has, on the average, been reduced.

(6)

The area dedicated for open space purposes, including playgrounds and parks, shall be in a location and shape approved by the Planning and Zoning Commission.

Specific requirements. Any subdivision plat considered under this procedure shall conform to the following standards, which are to be regarded as minimum requirements:

For the purpose of administering this regulation, the following method shall be used for determining the maximum number of dwelling units that shall be permitted in an average-density development:

Determine the total area, in acres, of the proposed subdivision. For the purpose of this section, the term "total area" shall include all the land within the proposed subdivision that is intended and usable for the following purposes: residences, playgrounds, neighborhood parks, interior streets and reserved open space, including easements for natural watercourses if these meet the open space standards set forth in Subsection C(3) hereof.

Multiply the total area, in acres, as defined in Subsection C(1)(a) above, by the permitted density (units per acre) in the district. If more than one district is involved, determine the total area in each of the individual districts, multiply each total area (acres) by the permitted density (units per acre) appropriate to each district and sum the individual multiplications. The product or sum of products thus obtained represents the maximum number of dwelling units which may be permitted in a subdivision being considered under these provisions.

The sizes of lots in an average-density development may vary from the normal requirements of the district dimensions, but no lot dimension or area requirement of the district shall be reduced by more than 50% without the express consent of the Town Board.