A.
Designation of minor subdivisions. A minor subdivision of land is any subdivision of land into at least two but not more than four lots, parcels or sites which does not require the construction of a new street or public utility or the expansion or extension of an existing street or public utility. Any subdivision which involves such improvement or which includes more than four lots shall be considered a major subdivision and shall be subject to the review procedures outlined in Article III.
B.
Any minor subdivision, resubdivided into a cumulative
total of four or more lots within a five-year period, will be considered
a major subdivision.
[Amended 9-8-2011 by L.L. No. 1-2011]
C.
Procedures and submission requirements. This article
outlines the review procedures and submission requirements necessary
for approval of a minor subdivision. The procedures outlined below
must be complied with prior to taking any action to subdivide.
A.
Review procedures shall be as follows:
(1)
Prior to the submission of a formal application, the
applicant may submit a preliminary data sheet (on a form to be supplied
by the Town) with a sketch to the Planning Board. The purpose of this
form is to allow the subdivider to outline the general nature of his
proposal for subdivision so that he can be advised of the proper method
of application, the general acceptability of the concept, the consistency
or inconsistency of his proposal with the Comprehensive Land Use Plan
of the Town or any special consideration which he should make in the
development of his final subdivision plat (e.g., accommodating any
special soil considerations, handling potential flooding problems,
developing open space areas, etc.).
(2)
A preliminary data sheet and sketch must be submitted
no less than 15 days prior to the Planning Board meeting at which
it is to be reviewed and discussed. The Planning Board shall formally
notify the subdivider, giving at least five days' advance notice,
of the meeting date at which the proposal will be reviewed, and either
the subdivider or an agent of the subdivider shall be present to participate
in the review.
(3)
Within 30 days after the preliminary review meeting,
the Planning Board shall notify the subdivider of the action that
it has taken on the preliminary data sheet and sketch. If the preliminary
concept is approved, the Planning Board shall move to direct its Chairman
to formally notify the subdivider, in writing, to proceed with the
development of a final plat for the proposed subdivision.
(4)
If the Planning Board does not approve of the preliminary
concept, it shall move to direct the Chairman to notify the applicant,
in writing, of the specific reasons for disapproval. The Planning
Board may also move to accept the preliminary concept subject to certain
conditions or modifications. Such conditions or modifications should
be clearly stated and shall be contained in the letter of approval
from the Chairman of the Planning Board. A disapproval of the preliminary
data sheet and sketch does not preclude the right of the subdivider
to apply for final plat approval.
B.
Submission requirements for the preliminary data sheet
and sketch are as follows:
(1)
Key map: a key map or location map, which shall show
the location of the proposed subdivision within the Town.
(2)
Preliminary sketch: a rough-scale sketch of the proposed
subdivision and adjoining properties, showing the following information:
(a)
The name and address of the subdivision, North arrow
and scale.
(b)
The names of the owner of the subdivision and all
adjoining property owners.
(c)
The specific boundary of the area to be subdivided.
(d)
Zoning district boundaries and surrounding land use.
(e)
Topographic contours. United States Geodetic Survey
and New York State Department of Transportation 7.5-minute quadrangle
map contours will be acceptable.
(f)
Existing drainage features (e.g., ponds, rivers, streams,
wetlands and culverts).
(g)
A map of soils interpretation of existing soils, indicating
type, percolation, soil-bearing capacity, depth to groundwater and
depth to bedrock if less than 10 feet.
(h)
The present site conditions (e.g., easements, existing
utilities, structures, trees, streets and street names).
(j)
Existing platting, if a resubdivision.
(k)
Proposed lot layout.
(l)
Any proposed right-of-way for access to other land
through the subdivided property.
(3)
Appropriate State Environmental Quality Review Act
(SEQRA) environmental assessment forms as required.
(4)
Appropriate application fee as set forth in Chapter A210, Fee Schedule, of the Code of the Town of Greenfield, New York.
(5)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of stormwater management and erosion and sediment control provisions of Chapter 85 of the Town Code shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards of Chapter 85 and the approved preliminary subdivision plat shall be consistent with the provisions of Chapter 85.
[Added 12-13-2007 by L.L. No. 5-2007]
A.
At least four copies of all of the elements of the application (§ 90-10) shall be placed on file with the Clerk of the Planning Board at least 15 days prior to the Planning Board meeting at which it is to be considered, at which time the subdivider or an agent of the subdivider should attend to summarize the proposal. No incomplete applications will be accepted for filing. A processing fee, as set forth in Chapter A210, Fee Schedule, of the Code of the Town of Greenfield, New York, shall accompany final plat submission.
B.
Upon receipt of completed final plat submission, the
Chairman of the Planning Board shall make the following distribution:
A.
The Planning Board shall review the completed application as submitted by the subdivider at its next scheduled meeting after the date on which the application was filed with the Clerk of the Planning Board, provided that said application complies with all the requirements of § 90-8.
B.
The Planning Board will have 45 days from the date
of the submission of a completed application to the Clerk of the Planning
Board to hold a public hearing. The public hearing must be advertised
at least once in a newspaper of general circulation in the Town at
least seven days before it is held. A least 10 days prior to the date
of the hearing, notice of the hearing shall be mailed to all property
owners within 500 feet of the nearest line of the property to which
the subdivision is sought and to such other property owners as the
Chairman of the Planning Board may direct.
[Amended 5-8-2008 by L.L. No. 1-2008]
C.
The Planning Board shall render a decision on the
subdivision proposal within 45 days after the date of the public hearing
or within a period extended by the mutual consent of the subdivider
and the Planning Board. Such a decision shall consist of a Planning
Board resolution directing the Chairman of the Planning Board either
to sign and approve the final plat, indicating any conditions to which
approval is subject, or to formally notify the applicant, in writing,
of the reason(s) for Planning Board disapproval. Failure of the Planning
Board to take action with 45 days or within the mutually agreed time
period shall be considered an approval of the application by the Planning
Board. Upon failure by the Planning Board to take action within the
above-specified time, a certificate to that effect will be issued
on demand, by the Town Clerk, pursuant to § 276 of the Town
Law.
D.
If the final plat is approved subject to conditions
set forth by the Planning Board, within five days of granting such
conditional approval the plat shall be certified by the Clerk of the
Planning Board as conditionally approved. A copy of the plat shall
be filed in the office of the Clerk of the Planning Board and a certified
copy mailed to the subdivider. The copy mailed to the subdivider shall
include a certified statement of such requirements which, when completed,
will authorize the signing of the conditionally approved plat. Upon
completion of such requirements, the plat shall be signed by the duly
designated officer of the Planning Board. The subdivider shall have
180 days to meet the conditions set forth by the Planning Board for
final plat approval, and the Planning Board may extend this time for
up to 180 additional days.
E.
In subdivision review cases where the creation or transfer of a single lot is involved under the minor subdivision regulations, the Planning Board may, under special circumstances and at its discretion, waive any and all requirements of these regulations, with the exception of those contained in § 90-19A of this chapter, including the holding of a public hearing, and may approve such single-lot subdivision at any regularly scheduled meeting. Failure to hold the public hearing within prescribed time limits will result in automatic approval.
F.
The approval of a subdivision plat by the Planning
Board, either by a direct statement of approval or by approval due
to failure to respond within the specified time, shall expire within
60 days if the subdivider fails to record the approved subdivision
with the County Clerk, except for minor subdivisions involving the
transfer of a single lot. No building permits may be issued for development
within the subdivision prior to the time that such a filing is made
with the County Clerk, except for minor subdivisions involving the
transfer of a single lot.
A.
Key map. A key map shall be required, showing the
following information:
(1)
The map shall be at a scale of one inch equals 800
feet.
(2)
Information required for the proposed subdivision
and areas extending 200 feet beyond the subdivision is as follows:
(a)
The relationship of the proposed subdivision
to the primary and secondary highway system and main intersections.
(b)
The boundary lines of zoning districts, special
districts and municipal areas.
(c)
Match lines, as needed, when there are two or
more drawings to show the complete subdivision.
(d)
Boundary data. The proposed subdivision area
shall be shaded or significantly outlined.
(e)
Boundaries of adjacent properties and property
owners' names. Adjacent properties which are a part of a recorded
subdivision plat may be identified by the subdivision name.
B.
Preparation of final plat. The final plat shall be
prepared and submitted in a permanent reproducible medium, to scale,
in a form acceptable to the Planning Board and containing all required
information.
C.
Standards for drawing sheet Standards for the drawing
sheet shall be as follows:
(1)
The scale shall be not less than one inch equals 100
feet.
(2)
The drawing size shall be not less than 8 1/2
inches by 14 inches nor more than 30 inches by 42 inches. Any proposal
requiring a larger space shall be prepared on two or more sheets.
(3)
If the case should warrant more than one sheet, a
clearly drawn match line shall be placed on both sheets.
D.
Title block. The title block shall include:
(1)
The name of the subdivision.
(2)
The post office address of the subdivision.
(3)
The name and address of the subdivider.
(4)
The name and address of the owner.
(5)
The name, address, license number and seal of the
New York State licensed professional who prepared the drawing and
support documentation, including but not limited to a licensed professional
engineer, architect, landscape architect or land surveyor.
(6)
The date of original submission and of each subsequent
submission.
(7)
True or magnetic North and date taken.
E.
Existing site conditions. Existing site conditions
shall be shown as follows:
(4)
Other utility structures, such as water, sewer, gas
mains and power lines (if not on or adjacent to site, indicate direction
and approximate distance and size of nearest ones), showing invert
elevation of sewers or culverts).
(5)
Marshes, ponds, rivers, streams or any wetlands, showing
the location and area covered, indicating high-water level.[1]
[1]
Editor's Note: Wetlands include all areas
identified as being Town-designated wetlands, New York State Department
of Environmental Conservation freshwater wetlands and/or jurisdictional
federal wetlands as outlined in the Federal Interagency Committee
for Wetland Delineation, 1989, Federal Manual for Identifying and
Delineating Jurisdictional Wetlands and the United States Army Corps
of Engineers, United States Environmental Protection Agency. United
States Fish and Wildlife Service and United States Department of Agriculture
Soil Conservation Service, Washington D.C., Cooperative technical
publication, 76 pp. plus appendices, or most recent modification and/or
update of the same.
(7)
Municipal or other public lands and land designated
as parks and open spaces or for some other public or community use.
(8)
Any buildings and other structures on the subdivision
which are to remain.
F.
Proposed site conditions. Proposed site conditions
must conform to the Town of Greenfield Zoning Law.[2] The following shall be shown:
(1)
Streets: any right-of-way for future access to other
lands through the subdivided property.
(3)
Utilities:
(a)
The location of proposed on-site water system
or connection to existing system.
(b)
The location of proposed on-site sanitary disposal
system, showing depth to water table, soil boring data (as necessary),
treatment area, connection points and line size, or connection to
existing system.
(c)
The location and size of stormwater management
improvements to be constructed, if any.
(d)
Evidence that the proposed methods for water
supply and sanitary sewage disposal have been reviewed and approved
by the New York State Health Department and the New York State Department
of Environmental Conservation, as required.
G.
Additional information. Additional information shall
be supplied as follows:
(2)
Letters in appropriate cases directed to the Chairman
of the Planning Board, signed by a responsible official of the State
Department of Transportation or County Public Works Department, approving
proposed construction on state or county rights-of-way and indicating
that the necessary permits have been issued by his office, or submission
of a copy of permits.
(3)
Such other certificates, affidavits, endorsements
or agreements as may be required by the Planning Board in the enforcement
of these regulations.
(4)
A stormwater pollution prevention plan consistent with the requirements of stormwater management and erosion and sediment control provisions of Chapter 85 of the Town Code and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards of Chapter 85 and the approved final subdivision plat shall be consistent with the provisions of Chapter 85.
[Added 12-13-2007 by L.L. No. 5-2007]
