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 tots 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 (see attached Flow Chart[1]):
C.
Final plat.
(1)
Final plat submission and review.
(2)
Public hearing on final plat.
(3)
Determination of environmental significance. (minor
subdivisions only).
(4)
Planning Board action on final plat.
(5)
Completion and maintenance of improvements or posting
of letter of credit or suitable alternative surety.
(6)
Planning Board signing of final plat.
(7)
Filing of final plat with County Clerk.
[1]
Editor's Note: Said Flow Chart is included at the end of this chapter.
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 New York Codes, Rules
and Regulations 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.
Purpose. In order to expedite the application review
process, particularly for major subdivisions, the applicant may request
a presubmission conference to review a sketch plan and to discuss
relevant procedures and requirements which will be applicable during
the review process. The subdivider should become familiar with the
regulations, standards and requirements contained in these Land Subdivision
Regulations, the Zoning Law, the New York State Environmental Quality
Review Law, and the fee schedule established by the Town Board as
well as with any other applicable Town, county, state and federal
requirements.
B.
Presubmission conferences. Before preparing a detailed
proposal, the subdivider may 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 duly authorized representative may submit a sketch plan showing a basic proposed layout and other information required in Article V of these regulations. At least 10 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.
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/her agent.
E.
Planning Board action on sketch plan. The Planning
Board shall inform the subdivider that the plans and data as submitted
at this stage do or do not meet the objectives of these regulations.
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,
may request that the Chairman or other authorized official of the
Planning Board contact the Town Highway Superintendent, the Engineer
for the Planning Board, the Waterfront Advisory Board 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 and the
Ulster County Planning Board.
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 and preliminary plat
approval and the public hearing on such proposal only if the following
conditions are met:
(1)
No additional lots will be created;
(2)
Such exchange or transfer of lands does not preclude
the proper future development, subdivision or resubdivision of the
affected properties;
(3)
Such exchange or transfer of lands shall not create
any new nonconformity with the terms and regulations of the Esopus
Zoning Law.
(4)
The subdivider(s), within six months after the action on the sketch plan, as set forth in § 107-15E, has prepared and submitted for approval by the Planning Board a final plat prepared to the specifications set forth in § 107-29 of these regulations, except for plat details that are specifically waived by the Planning Board. If such plat has not been submitted within this time period, the applicant must seek renewal of the sketch plan approved by the Town Planning Board, inclusive of payment of any and all renewal fees.
[Amended 11-19-2009 by L.L. No. 10-2009]
B.
Minor subdivisions.
(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, in which case a final plat shall be submitted (see § 107-18) for which a public hearing will be held.
(2)
When the Planning Board determines, based on its own
motion, or upon a written report by the Engineer for the Planning
Board and/or Town Planner, that all of the requirements of a final
plat have been met, the Planning Board shall declare the application
to be complete and shall officially receive it at the Board's next
regular meeting.
(3)
Ten copies of the final plat shall then be submitted to the Planning Board within six months of the date of action by the Board on the sketch plan (see § 107-15E) along with payment of the final plat application fee as set forth in § 107-30B of these regulations. If such plat has not been submitted within this time period, the applicant must seek renewal of the sketch plan approval by the Town Planning Board, inclusive of payment of any and all renewal fees.
[Amended 11-19-2009 by L.L. No. 10-2009]
(4)
The minor subdivision plat shall be prepared to the specifications set forth in § 107-29 of these regulations, except for plat details that are specifically waived by the Planning Board.
(5)
Receipt
of a complete plat. A plat for a minor subdivision shall not be considered
complete until a negative declaration (determination of nonsignificance)
has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions
of the New York State Environmental Quality Review (SEQR) Act. The
time periods for review of a minor subdivision plat shall begin upon
filing such negative declaration or such notice of completion.
[Added 11-19-2009 by L.L. No. 10-2009[1]]
[1]
Editor’s Note: This local law also provided for the
renumbering of former Subsection B(5) through B(8) as Subsection B(6)
through B(9), respectively.
(6)
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 least 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.
[Amended 11-19-2009 by L.L. No. 10-2009]
(7)
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 if
a negative declaration pursuant to SEQR has been made; or within 30
days from the date of filing of a final environmental impact statement.
In the event that a complete final environmental impact statement
is filed and accepted by a lead agency pursuant to SEQR, the Planning
Board must prepare and adopt a findings statement pursuant to SEQR
that shall be considered as part of the Board’s decision on
the preliminary plat. Failure of the Planning Board to act within
this sixty-two-day period shall constitute default approval of the
preliminary plat.
[Amended 11-19-2009 by L.L. No. 10-2009]
(8)
Following approval, the subdivision shall be recorded
with the County Clerk within 62 days of the date of approval.
[Amended 11-19-2009 by L.L. No. 10-2009]
(9)
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.
[Amended 11-19-2009 by L.L. No. 10-2009]
A.
A preliminary plat shall be submitted within six months of date of action by the Board on the sketch plan (see § 107-15E), along with an environmental assessment form and supporting documentation, showing in detail how the subdivision is to be designed, the details of construction, and proposed covenants and other items required in Article V. If such plat has not been submitted within this time period, the applicant must seek renewal of the sketch plan approval by the Town Planning Board, inclusive of payment of any and all renewal fees. 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 the adjoining lands as yet unsubdivided; and the requirements of the Town Plan, the Official Map, Zoning Regulations and other matters enumerated in § 277 of the Town Law.
[Amended 11-19-2009 by L.L. No. 10-2009]
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 line.
(4)
The location of wetlands as defined herein 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.
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.
D.
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 and the County Planning Board, 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.
E.
Receipt
of a complete preliminary plat. A preliminary plat shall not be considered
complete until a negative declaration (determination of nonsignificance)
has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions
of New York State Environmental Quality Review (SEQR) Act. The time
periods for review of a preliminary plat shall begin upon filing such
negative declaration or such notice of completion.
[Added 11-19-2009 by L.L. No. 10-2009[1]]
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 all owners
of property adjoining the subject property and to such other persons
as the Board may deem to be particularly affected. Notice shall be
sent by certified mail, return receipt requested, to the last known
address of the property owner; same shall constitute proof of the
required notification irrespective of whether the recipient signs
for same. For any 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 land owners 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.
[Amended 11-19-2009 by L.L. No. 10-2009]
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.
[Amended 11-19-2009 by L.L. No. 10-2009]
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 finding 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.
[Amended 11-19-2009 by L.L. No. 10-2009]
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 in the office of the Town
Clerk, and a certified copy mailed to the subdivider.
[Amended 11-19-2009 by L.L. No. 10-2009]
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 11 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 Esopus Town Highway Department;
(3)
New York State Department of Environmental Conservation
and U.S. Army Corps of Engineers approvals.
C.
Public 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 § 107-17, 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 owners
of property adjoining the subject property and to such other persons
as the Planning Board may deem to be particularly affected. The Board
(may/shall) 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 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)
Notwithstanding the foregoing provision 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 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 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 § 107-19.
(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 two additional ninety-day
periods, 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 insure the orderly development of the plat be completed before such sections may be signed by the duly authorized member 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 percent 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 two Planning Board members 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 reason 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 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 County
Clerk.
C.
Reapproval of expired plats.
(1)
The Planning Board may reapprove any final plat for
which a previously granted final approval by the Planning Board, pursuant
to this article, has expired. The Planning Board may, in consideration
of such reapproval, waive a public hearing on the plat, subject to
making the following findings:
(a)
That the final plat in question has been submitted
to the Board for reapproval within one calendar year of the date of
the previous final plat approval;
(b)
That the final plat that has been submitted
for reapproval is identical to the plat that had expired, in terms
of the layout of the subdivision, the number of lots, proposed easements
and encumbrances and the proposed improvements;
(c)
That there have been no changes made, since
the expiration date of the plat, to the applicable zoning regulations,
environmental review regulations, or other laws or regulations that
would have a substantial effect upon the design and layout of the
proposal.
(2)
In the event that the plat has been resubmitted with
changes that are in substantial disagreement with the previously approved
plat, or that the underlying regulations have changed since the date
of expiration of the plat, the Planning Board shall take action on
the plat only in accordance with the procedures set forth in this
article, inclusive of holding a public hearing. For any final plat
submitted for such reapproval which is not in agreement with the previously
approved final plat, the Planning Board shall reconsider any prior
determination of significance made pursuant to SEQR.
