Whenever any subdivision of land is proposed
to be made, and before any contracts for the sale or lease of, or
any offer to sell any lots in such subdivision or any part thereof
is made, and before any permit for erection of a structure in such
proposed subdivision shall be granted, the subdivider or his or her
authorized agent or contract vendee shall apply in writing for and
secure approval of such proposed subdivision in accordance with the
following steps:
C.
Final plat.
(1)
Final plat submission and review.
(2)
Public hearing on final plat.
(3)
Determination of environmental significance.
(4)
Planning Board action on final plat.
(5)
Completion and maintenance of improvements or posting
of bond, letter of credit or suitable alternative surety.
(6)
Planning Board signing of final plat.
(7)
Filing of final plat with County Clerk.
A.
Site alterations. During the procedure of subdivision
review in the above three steps, the construction of new roads shall
not be started, nor shall any activities, except those directly related
to obtaining any required approvals (e.g. surveying and the location
of stakes), be undertaken that would disturb, remove or relocate any
existing features, including but not limited to stone walls, steep
slopes, rock outcroppings, trees, general vegetation, streams or watercourses.
B.
State Environmental Quality Review 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 in order to provide reasonable time
for the preparation, review and public hearings with respect to any
required draft environmental impact statement. The Planning Board
shall carry out the terms and requirements of 6 NYCRR Part 617 implementing
the State Environmental Quality Review Act with minimum 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 the State Environmental
Quality Review Act in the interest of prompt review.
A.
Familiarization. Before preparing a sketch plan, the subdivider should become familiar with the regulations, standards and requirements contained in these land subdivision regulations, Chapter 210, Zoning, of the Code of the Town of Hurley, the New York State Environmental Quality Review Law, the fee schedule established by the Town Board, as well as with any other applicable town, county, state and federal requirements.
B.
Preapplication conferences. Before preparing a detailed
proposal, the subdivider should make an appointment at a regular meeting
of the Planning Board to discuss the general features of the proposed
subdivision, the requirements of these and other regulations, the
policies of the Planning Board and other information that may be pertinent
to the subdivision.
C.
Sketch plan submission and review. Prior to filing a preliminary plat, the subdivider, or his or her duly authorized representative, shall submit a sketch plan showing a basic proposed layout and other information required in Article V of these regulations. At least eight copies of this sketch plan shall be delivered to the Clerk or other authorized official of the Planning Board at least 10 days before the next scheduled Board meeting.
(1)
Documentation. Maps showing the property boundaries,
general topographic information, approximate location of wetlands
and the proposed lot arrangement and locations of new streets must
be submitted but need not be in final form. All surveys shall bear
the signature and seal of a licensed professional engineer or land
surveyor. An environmental assessment form must also be submitted.
D.
Field trip. After the regular Planning Board meeting
at which the sketch plan is discussed and reviewed, the Planning Board
may schedule a field trip to the site of the proposed subdivision,
accompanied by the applicant or his or her agent. Prior to this field
trip, the Planning Board may require that the center line of any proposed
road and specific lot locations be staked.
E.
Planning Board action on sketch plan. Within 62 days
of such meeting, the Planning Board shall inform the subdivider in
writing that the plans and data as submitted at this stage do or do
not meet the objectives of these regulations. When the Planning Board
finds the plans and data submitted do not meet the objectives of these
regulations, it shall express its reasons therefor to the subdivider,
in writing. At the same time, the Board shall classify the proposal
as either a major or minor subdivision or lot line adjustment, and
shall so advise the applicant, and shall make the appropriate notation
on the sketch plan.
F.
Consultation with other government agencies.
(1)
Town agencies. Prior to formally submitting a preliminary
plat, the subdivider, or his or her duly authorized representative,
should request that the Chairperson or other authorized official of
the Planning Board contact the Town Highway Superintendent, the Town
Engineer and/or the Town Planner on the subdivider's behalf to discuss
the proposed subdivision layout and its potential environmental effects.
(2)
County, state and other agencies. The subdivider should
also be prepared to discuss the sketch plat with other agencies from
whom approvals may be required. The subdivider should consult with
the Ulster County Health Department, which is responsible for the
adequacy of lots sizes and facilities for water supply and sewage
disposal. Under certain conditions, the subdivider may also need to
consult with the State Departments of Transportation and Environmental
Conservation, the Ulster County Department of Public Works, the Ulster
County Planning Board and the New York City Department of Environmental
Protection Bureau of Water Supply.
A.
Lot line adjustment. Where a subdivider proposes an
exchange or transfer of land with an adjoining property, the Planning
Board may waive the requirements for sketch plan approval and the
public hearing on such proposal only if the following conditions are
met:
(1)
The area of the proposed land exchange or transfer
does not exceed the minimum required lot area of the zoning district
in which the affected lands are located.
(2)
No additional lots will be created.
(3)
Such exchange or transfer of lands does not preclude
the proper future development, subdivision or resubdivision of the
affected properties.
(4)
Such exchange or transfer of lands shall not create any nonconformity with the terms and regulations of Chapter 210, Zoning.
B.
Minor subdivision.
(1)
If the subdivision sketch plan is classified by the
Planning Board as a minor subdivision, the Planning Board may waive
the requirements of filing a preliminary plat and holding a public
hearing on a preliminary plat.
(2)
Ten copies of a final plat shall then be submitted to the Planning Board within six months of classification of the sketch plan, along with payment of the final plat application fee as set forth in § 170-29B of these regulations.
(3)
The minor subdivision plat shall be prepared to the specifications set forth in § 170-28 of these regulations, except for plat details that are specifically waived by the Planning Board.
(4)
A public hearing on the minor subdivision plat shall
be held by the Planning Board within 62 days from the official date
of application of the minor subdivision plat. This hearing shall be
advertised at least once in the newspaper of general circulation in
the town, at least five days before such hearing. In addition, the
Planning Board shall cause notice of such hearing to be mailed to
all owners of property adjoining the subject property at lease five
days prior to the public hearing. For any minor subdivision for which
an agricultural data statement (ADS) has been prepared and submitted
to the Planning Board, the Board shall cause notice of the proposed
subdivision to be sent to all landowners listed in the ADS, along
with a copy of the ADS. This notice shall be sent out in coordination
with all other required notices as set forth above.
(5)
The Planning Board, within 62 days from either the
public hearing or the date of either a negative declaration of environmental
significance or filing of a findings statement pursuant to the New
York State Environmental Quality Review Act (SEQR), whichever occurs
last, shall approve, modify and approve or disapprove such plat. Failure
of the Planning Board to act within this sixty-two-day period shall
constitute default approval of the preliminary plat.
(6)
Following approval, the subdivision shall be recorded
with the County Clerk within 62 days of the date of approval.
(7)
Any plat not filed and recorded with the County Clerk
within 62 days from the date upon which such plat is approved, or
considered approved by reason of the failure of the Planning Board
to act, shall become null and void.
A.
Study of the plat. A preliminary plat shall be prepared and submitted, along with an environmental assessment form and supporting documentation, showing in detail how the subdivision is to be designed, the details of construction, any proposed covenants and other items required in Article V. The Board shall study the practicality of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets; the relation to the topography of the land; water supply, sewage disposal, drainage; lot sizes; shape and arrangement; the future development of adjoining lands as yet unsubdivided; and the requirements of the Town Plan, the Official Map, Chapter 210, Zoning, and other matters enumerated in § 277 of the Town Law. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article I and II of Chapter 168 shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 168. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 168. If a stormwater pollution prevention plan is not required, 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.
[Amended 12-21-2007 by L.L. No. 6-2007]
B.
Proposed roads, lots and wetlands to be staked. To
permit inspection and checking of a proposed subdivision by the Planning
Board and its representatives, the subdivider shall stake out the
subdivision as follows:
(1)
Along the center line of each proposed street at intervals
of not more than 100 feet and at each point of beginning and ending
of each curve. Each stake shall be identified by station marking to
conform to the plans as presented and shall be so placed as to extend
at least 30 inches above the ground surface. Inasmuch as these stakes
are not permanent, a tolerance of up to one foot from the exact horizontal
position will be allowed.
(2)
The Planning Board may require that a stake be placed
along the street frontage of each lot, at the intersection of the
side lot line and the street right-of-way line, marked with the identifying
numbers of the lots on each side, as shown on the preliminary layout.
(3)
A stake shall be placed at the intersection of the
center line of each proposed driveway and any proposed or existing
street.
(4)
The location of wetlands, as defined in Article 24
of the Environmental Conservation Law, shall be clearly delineated
in the field through the use of stakes and/or flags. Stakes and/or
flags shall be placed at a height of not less than 30 inches above
the ground and located in such a manner that the boundaries of the
wetlands and their buffer zones may be clearly distinguished.
(5)
When the digging of test holes or pits is required
for any reason whatsoever, such holes or pits shall be excavated the
minimum time necessary prior to inspection by the appropriate agency
or its designated representative and shall be completely filled in
within two working days following the date of such inspection. During
the entire period of time that such test holes are open, they shall
be completely enclosed for safety purposes by sturdy fence (such as
typical "snow fence") at least four feet in height.
(6)
All stakes referred to in this section shall be in
position at the time application is made to the Planning Board for
approval of the preliminary layout.
(7)
All stakes removed or destroyed prior to the approval
of the subdivision plat shall be replaced by the applicant if required
by the Planning Board or its authorized representatives.
C.
Determination of complete application. When the Planning Board determines, based on its own motion or upon a written report by the Town Engineer and/or Town Planner, that all of the requirements of Subsections A and B of this section have been met, the Planning Board shall declare the preliminary plat application to be complete and shall officially receive it at the Board's next regular meeting.
D.
Applicant to attend Planning Board meeting. The subdivider
shall be prepared to attend a regular meeting of the Board to discuss
the preliminary plat and the Board's tentative conclusions.
E.
Other agency review. Where review of subdivisions
is required by other government agencies, such as the State Departments
of Transportation and Environmental Conservation, the County Health
and Public Works Departments, the County Planning Board and the New
York City Bureau of Water Supply, tentative written recommendations
of these agencies, subject to modification due to local conditions
which may be brought forth at the public hearing, shall be filed by
the subdivider, at the Planning Board's request, prior to the public
hearing.
F.
Public hearing. The Board shall, within 62 days after
the receipt of a properly completed preliminary plat, pursuant to
all provisions of these regulations, as recorded by the Clerk's receipts
therefor, conduct the public hearing required by law in accordance
with § 276 of the Town Law. Such hearing shall be advertised
at least once in a newspaper of general circulation in the town at
least five days in advance of such hearing. In addition, the Planning
Board shall cause written notice of hearing to be mailed to property
owners within 200 feet of the proposed subdivision and to such other
persons as the Board may deem to be particularly affected. Certified
mail, return receipt requested, may constitute proof of the required
notification. For any major subdivision application for which an agricultural
data statement (ADS) has been prepared and submitted to the Planning
Board, the Board shall cause notice of the proposed subdivision to
be sent to all landowners listed in the ADS, along with a copy of
the ADS. This notice shall be sent out in coordination with all other
required notices as set forth above.
G.
Review by adjacent municipalities. If the parcel to
be subdivided lies within 500 feet of any abutting municipality, a
notice of the public hearing shall be mailed to the Clerk of that
municipality at least 10 days prior to the date of the hearing.
H.
Action on the preliminary plat. The Board's action
shall be to approve, approve with modification or disapprove the preliminary
plat within 62 days of either the public hearing or the date of either
a negative declaration of environmental significance or filing a findings
statement pursuant to the New York State Environmental Quality Review
(SEQR) Act, whichever occurs last. This period may be extended by
mutual written consent of the subdivider and the Planning Board.
I.
Certification of decision. The decision of the Board
shall be noted on two copies of the preliminary plat referenced and
attached to any statement of modifications. One copy shall be returned
to the applicant, and one shall be retained by the Planning Board.
Within five days of the resolution granting conditional approval of
a preliminary plat, a copy of the resolution shall be certified by
the Clerk to the Planning Board, and filed with the Clerk's office,
and a certified copy mailed to the subdivider.
A.
Procedure. 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 required in Article V. If the final plat and accompanying materials are not submitted within six months, approval of the preliminary plat may be revoked by resolution of the Planning Board.
B.
Other agency approvals. The final plat submitted to
the Planning Board shall indicate all required approvals from other
agencies, unless specifically waived by the Planning Board. Such approvals
include, but are not limited to, the following:
(1)
On-site water supply and septic system by the Ulster County Health Department, where stipulated by Article II of the New York State Department Public Health Law.
(2)
Highway access locations by either the New York State
Department of Transportation, Ulster County Public Works Department
or Hurley Town Highway Department.
(3)
Highway access locations and septic systems by the
New York City Bureau of Water Supply.
(4)
Locations of designated wetlands and buffer zones
by the New York State Department of Environmental Conservation.
C.
Pubic hearing.
(1)
The Planning Board shall not hold a public hearing on any final plat if it finds that the final plat submitted is in substantial agreement with a preliminary plat approved under § 170-16 or is modified in accordance with requirements of such approval if such preliminary plat has been approved with modification.
(2)
If a final plat is submitted to the Board which is
not in substantial agreement with a previously approved preliminary
plat, the Planning Board shall, within 62 days of the submission of
the final plat, hold a public hearing. Said hearing shall be advertised
at least once in a newspaper of general circulation in the town at
least five days before such hearing. In addition, the Planning Board
shall cause written notice of such hearing to be mailed to all property
owners within 200 feet of the proposed subdivision and to such other
persons as the Planning Board may deem to be particularly affected.
The Board may also send notice of the hearing to all landowners identified
on an agricultural data statement (ADS), if such statement was required
to be submitted with the previously approved preliminary plat.
(3)
If the parcel to be subdivided lies within 500 feet
of any abutting municipality, a notice of the public hearing shall
be mailed to the Clerk of that municipality at least 10 days prior
to the date of the hearing.
(4)
Any final plat submitted to the Planning Board which
is not in agreement with a previously approved preliminary plat may
require further review under the State Environmental Quality Review
(SEQR) Act, and the Planning Board may rescind any previous determination
of environmental significance made pursuant to SEQR.
D.
Planning Board action.
(1)
The Planning Board shall by resolution conditionally
approve, 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 Board if no such
hearing is held or, in the event that such hearing is held, within
62 days after the date of such hearing or the date of either a negative
declaration of environmental significance or filing of a findings
statement pursuant to the New York State Environmental Quality Review
(SEQR) Act, whichever occurs last. If disapproved, the reasons for
such disapproval shall be stated in the record of the Board.
(2)
Not withstanding the foregoing provisions of this
subsection, the time in which the Planning Board must take action
on such a plat may be extended by mutual consent of the subdivider
and the Planning Board. In the event that a Planning Board fails to
take action on a final plat within the time prescribed therefor, the
plat shall be deemed approved, and a certificate of the Clerk of the
town as to the date of submission and the failure 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.
E.
Conditional approval.
(1)
In the event that the requirements of Article VI of these regulations or other conditions set forth by the Planning Board are not complete at the time of submission of the final plat, the Planning Board may conditionally approve the final plat. Within five days of such resolution granting conditional final plat approval, the plat shall be certified by the Clerk of the Planning Board as conditionally approved and a copy filed in the Clerk's office. A copy of the resolution shall be mailed to the subdivider, which copy shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. If conditionally approved, the reasons for such conditional approval shall be stated in the record of the Planning Board. Upon completion of such requirements the plat shall be signed by the duly authorized officer of the Planning Board as specified in § 170-18.
(2)
Conditional approval of a final plat shall expire
within 180 days after the date of the resolution granting conditional
approval, unless such requirements have been certified as completed.
The Planning Board may extend this time up to one additional one-hundred-eighty-day
period, only upon petition by the subdivider.
F.
Division of subdivision plat into two or more sections. Prior to granting conditional or final approval of a plat in final form, the Town Planning Board may permit the plat to be subdivided into two or more sections and may in its resolution granting conditional or final approval state that such requirements as it deems necessary to ensure the orderly development of the plat be completed before such sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat, subject to any conditions imposed by the Board, shall be granted concurrently with conditional or final approval of the plat. Any section shall encompass at least 10% of the total number of lots shown on the plat. If a subdivision is subdivided into two or more sections, the performance bond or other surety, as specified in Article VI of these regulations, shall be limited to those improvements required to service the proposed section for which final approval is requested.
A.
Signing and filing. Upon completion of the requirements set forth in Article VI of these regulations, the final plat shall be signed by the Chairperson of the Planning Board or Secretary in the Chairperson's absence and may be filed by the subdivider in the office of the County Clerk. Any plat not so filed or recorded within 62 days of the date upon which such plat is approved or considered approved by reasons of the failure of the Planning Board to act shall become null and void.
B.
Plat void if revised after approval. No changes, erasures,
modifications or 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 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 County
Clerk.
