A.
Designation of major subdivisions. A major subdivision
is any division of land into two or more lots, blocks or sites which
requires the construction of a new street or public utility or the
expansion or extension of an existing street or public utility or
which involves the creation of more than four lots. Any subdivision
which cannot be classified as a minor subdivision shall be regarded
as a major subdivision and is subject to the following requirements.[1]
[1]
Editor's Note: Former Subsection B, regarding further subdivision
of land within five years, which immediately followed this subsection,
was repealed 9-8-2011 by L.L. No. 1-2011. This ordinance also provided
for the redesignation of former Subsection C as Subsection B.
B.
General procedures and submission requirements. The general review procedure and submission requirements for major subdivisions consist of three elements: the sketch plan, the preliminary subdivision plat and the final subdivision plat. Sections 90-12B, 90-13B and 90-14B describe those specific elements which should be included in each particular submission.
A.
Review procedures. At the discretion of the subdivider,
a sketch plan may be prepared as part of the major subdivision review
process. The sketch plan should be submitted prior to taking any action
to subdivide land. The primary purpose of the sketch plan is to provide
the subdivider with the opportunity to outline the general nature
of the proposal for subdivision so that the Planning Board can advise
the subdivider on the proper method of application, the general acceptability
of the concept, the consistency (or inconsistency) of the proposal
with the Comprehensive Land Use Plan of the Town or any special considerations
which should be made during the development of the preliminary and
final subdivision plats (e.g., accommodation of any special soil conditions,
handling potential flooding problems, developing open space areas,
etc.).
(1)
Submission of sketch plan. The submission of the sketch
plan will be accepted, reviewed and commented on by the Planning Board,
provided that the sketch plan complies with and includes the following:
(a)
A sketch plan which conforms to the requirements specified in Subsection B of this section. Such sketch plan is to be clearly marked "sketch plan."
(b)
At least four copies of all items and related
supplementary materials are to be submitted to the Clerk of the Planning
Board at least 15 days prior to the Planning Board meeting at which
it is to be considered. 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.
(c)
Either the subdivider or an authorized agent
of the subdivider is to be present to participate in the review. Without
such representation, the Planning Board shall table review of the
proposal until the next available Planning Board meeting.
(2)
Distribution of the sketch plan. The Chairman of the
Planning Board shall distribute copies of the sketch plan to the Zoning
Administrator, the Town Engineer, the Town Supervisor and any other
persons with a specific interest in the proposal.
(3)
Review of the sketch plan.
(a)
No less than 15 days nor more than 30 days of receipt of a complete sketch plan meeting the requirements of § 90-12B, the Planning Board shall meet to review and discuss the proposed subdivision.
(b)
Within 30 days after the sketch plan review
meeting, the Planning Board shall notify the subdivider of the position
that it has taken on the sketch plan. If the sketch plan concept is
approved, the Planning Board shall move to direct its Chairman to
formally notify the subdivider, in writing, that development of a
preliminary plat for the proposed subdivision may proceed in compliance
with the concepts outlined in the sketch plan.
(c)
If the Planning Board does not approve of the
sketch plan concept, it shall move to direct the Chairman to notify
the applicant, in writing, of the specific reasons for disapproval.
The subdivider may resubmit a revised sketch plan addressing the issues
of disapproval specified. A disapproval of the sketch plan submission
does not preclude the right of the subdivider to apply for preliminary
plat approval.
(d)
The Planning Board may also move to accept the
sketch plan concept subject to certain conditions or modifications
reasonably related to the requirements outlined in the subdivision
regulations. Such conditions or modifications will be clearly stated
and shall be contained in the letter of conditional approval from
the Chairman of the Planning Board.
(4)
Review considerations. The Planning Board, in determining
if a sketch plan complies with the Town of Greenfield Subdivision
Regulations, shall evaluate at least the following:
(a)
Zoning requirements, adjustments, variances,
etc., that may be applicable to the proposed subdivision concept.
(b)
The potential impact of the proposal on the
cost and extent of public services to be required (including but not
limited to roads, water and sewer, where applicable, and municipal
and voluntary services including schools, police and fire protection).
(c)
The impact of the proposed development on existing
private and public development in the area.
(d)
The degree to which the proposal is consistent
or inconsistent with the Comprehensive Land Use Plan.
(e)
The nature of the soils in the area of proposed
development.
(f)
The topography of the proposed site.
(g)
Other special site or community problems that
may be involved in the successful development of a subdivision in
the area proposed.
(h)
The applicability of voluntary or required application
for cluster development and the appropriateness of such a development
on the site proposed.
(i)
The intended ownership and maintenance of open
space areas, as may be applicable.
B.
Sketch plan submission requirements.
(1)
Key map. A key map or location map shall show the
location of the proposed subdivision within the municipality.
(2)
Preparation. The sketch plan shall be prepared by
a New York State licensed professional(s) empowered to certify all
requirements specified by this regulation, including but not limited
to a licensed professional engineer, architect, landscape architect
or land surveyor.
(3)
Required sketch plan information shall be as follows:
(a)
A rough-scale sketch of the proposed subdivision
and adjoining properties shall be based on Tax Map or other similarly
accurate information, shown at a scale of not less than one inch equal
to 100 feet.
(b)
The name and address of the subdivision, North
arrow and scale.
(c)
The name of the owner of the subdivision and
of all adjoining property owners.
(d)
Zoning district boundaries and surrounding land
uses.
(e)
Topographic contours shown at ten-foot intervals
minimum (United States Geological Survey and/or New York State Department
of Transportation 7.5-minute quadrangle data is acceptable).
(f)
Existing drainage features (including but not
limited to ponds, streams, marshes and culverts).
(g)
A map of soil interpretations of existing soils,
indicating type, percolation rate and soil-bearing capacity.
(h)
Present site conditions, including but not limited
to easements and existing utilities, structures, streets and street
names, isolated trees over one-foot in diameter measured three feet
above grade and tree masses.
(i)
Proposed street and block layout, with reference
to surrounding properties and street pattern.
(j)
Proposed utilities: sewer, water, storm drainage,
subsurface drains, stormwater and dewatering detention, infiltration
and/or retention basins.
(k)
Approximate area, in square feet, of each proposed
lot.
(l)
All setback and frontage requirements of the
appropriate zoning district.
(m)
A written statement addressing how open space
and shared facilities will be owned and maintained.
A.
Preliminary subdivision plat review procedure. Upon review of the sketch plan concept, the subdivider may prepare a preliminary subdivision plat for submission to the Planning Board. Such a preliminary plat shall contain all the items and supplementary materials specified in Subsection B of this section.
(1)
Submission of preliminary plat. The submission of
the preliminary subdivision plat shall include the following:
(a)
A preliminary subdivision application (to be
prepared on a form supplied by the Planning Board) and the appropriate
environmental assessment form.
(b)
A preliminary subdivision plat which conforms to the requirements specified in Subsection B of this section. Such preliminary plat shall be clearly marked "preliminary."
(c)
A processing fee as set forth in Chapter A210, Fee Schedule, of the Code of the Town of Greenfield, New York, shall accompany all preliminary plat submissions.
(d)
At least four copies of all items and related
supplementary materials shall be submitted to the Clerk of the Planning
Board at least 15 days prior to the Planning Board meeting at which
the preliminary plat is to be considered, at which time the subdivider
or an agent of the subdivider should attend to be heard at that particular
meeting. Only a complete preliminary subdivision plat will be accepted
for filing with the Planning Board.
(2)
Distribution of preliminary plat. The Chairman of
the Planning Board shall distribute copies of the preliminary subdivision
plat to the Zoning Administrator, the Town Engineer, the Town Board
and any other persons who may have a specific interest in the proposal.
(3)
Review of preliminary subdivision plat.
(a)
The Planning Board shall have 45 days from the
time of the submission of an accepted, complete preliminary plat to
the Clerk of the Planning Board within which to hold a public hearing
on the proposal. The public hearing shall be advertised in the official
Town newspaper at least seven days in advance of the meeting date.
Additionally, notice of the hearing shall be mailed at least 10 days
prior to the hearing to all property owners within 500 feet of the
nearest line of the property for which the subdivision is sought and
to such other property owners as the Chairman of the Planning Board
may direct. Failure of the Planning Board to hold a public hearing
within the required time period shall be deemed to be equivalent to
Planning Board approval of the preliminary plat.
[Amended 5-8-2008 by L.L. No. 1-2008]
(b)
The Planning Board must act on the preliminary
subdivision plat within 45 days of the date of the public hearing.
Any comments received from the Zoning Administrator, the Town Engineer,
the Town Board or other persons with a specific interest in the proposed
subdivision should be taken into consideration by the Planning Board
when making its review. The time within which the Planning Board must
act on the preliminary plat may be extended by mutual consent of the
owner and the Planning Board.
(4)
Approval or disapproval.
(a)
If the Planning Board approves the proposed
preliminary plat as submitted, it shall direct the Chairman to notify
the subdivider, in writing, of the Board's action. Approval of a preliminary
plat shall not be construed as approval of a final plat. Such approval
shall merely express the acceptance of the subdivision layout as a
guide for the development of the final plat.
(b)
If the Planning Board does not approve the preliminary
subdivision plat as submitted or approves it subject to certain modifications,
it shall move to direct the Chairman of the Planning Board to contact
the subdivider, in writing, clearly explaining the reasons for disapproval
or the modifications upon which approval is dependent.
(c)
Failure of the Planning Board to act on the
proposal within 45 days after the public hearing or within the period
agreed upon by the owner and the Planning Board shall be equivalent
to the Planning Board's having given its approval to the preliminary
subdivision proposal.
(d)
If a final plat is not submitted to the Planning
Board within six months after the date on which the Planning Board
approved the preliminary plat, the Planning Board may refuse to approve
the final plat.
B.
Preliminary subdivision plat submission requirements.
Submission requirements for the preliminary plat are as follows:
(1)
Key map. A key map shall be required, showing the
following information:
(a)
The map shall be at a scale of one inch equal
to 800 feet.
(b)
Information required for the proposed subdivision
and areas extending 200 feet beyond the subdivision is as follows:
[1]
Relationship of the proposed subdivision to
the primary and secondary highway system and main intersections.
[2]
Boundary lines of zoning districts, if applicable,
special districts and municipal areas.
[3]
Match lines, as needed, when there are two or
more drawings to show the complete subdivision.
(2)
Preparation. The preliminary plat shall be prepared
by a New York State licensed professional(s) empowered to certify
all requirements specified by this regulation and shall be signed
and sealed by the same. Said professional shall include but not be
limited to a professional engineer, architect, landscape architect
or land surveyor. All drainage and utility design shall be certified
by a licensed engineer.
(3)
Standards for drawing sheet. Standards for the drawing
sheet shall be as follows:
(a)
The scale shall not be less than one inch equal
to 50 feet unless otherwise approved by the Planning Board.
(b)
The size shall be not less than 8 1/2 inches
by 14 inches nor more than 30 inches by 42 inches. A larger area necessitates
the use of two or more sheets to show the entire subdivision.
(c)
If the case should warrant more than one sheet,
a clearly drawn match line shall be placed on both sheets.
(4)
Title block. The title block shall include:
(a)
The name of the subdivision.
(b)
The post office address of the subdivision.
(c)
The name and address of the subdivider.
(d)
The name and address of the owner.
(e)
The name, address, license number and seal of
the professional engineer or land surveyor who prepared the drawing.
(f)
The date of original submission and of each
subsequent submission.
(g)
The true or magnetic North and date taken.
(5)
(6)
Existing site conditions. Existing site conditions
shall be shown as follows:
(d)
Erosion control measures: placement of all erosion control measures required to comply with § 90-19E.
(f)
Natural features:
[1]
Marshes, ponds, streams, rivers or similar conditions,
showing location and area covered, indicating apparent high-water
level.
[2]
Other natural features, such as wooded areas,
rock outcrop or isolated preservable trees one foot or more in diameter
as measured three feet above grade.
[3]
Limits of clearing for all vegetated areas.
[4]
All designated wetland areas as being Town-designated
wetlands, New York State Department of Environmental Conservation
freshwater wetlands and/or jurisdictional federal wetlands, flagged
as necessary.
[5]
All critical environmental areas, as designated
by the Town Board, field located and certified by the applicant's
licensed land surveyor.
(h)
Municipal or other public lands and land designated
as parks or open spaces or for some other public or community use.
(i)
Buildings and other structures on the subdivision
which are to remain.
(7)
Proposed site conditions. Proposed site conditions
must conform to the Town Zoning Law,[1] where applicable. The following shall apply:
(a)
Streets.
[1]
Names shall be checked to avoid duplicate or
similar names prior to submission at the Planning Board's office.
[2]
Right-of-way and pavement width shall be shown.
[3]
Tentative center-line elevations at principal
changes in grades shall be shown.
[4]
Tentative center-line gradient shall be shown
in percent of slope on preliminary profiles.
(b)
Lot layout.
[1]
Dimensions, along with bearings and distances
and the area of lots, shall be shown to the nearest one-hundredth-foot.
[3]
Identification of lots or parcels for special
use, whether they are to be offered for dedication or not, shall be
provided.
[4]
Street access to adjoining properties shall
be shown.
[5]
Lot drainage shall be shown.
[6]
Blocks and lots shall be numbered.
(8)
Stormwater management plan. The stormwater management plan shall be as outlined in § 90-23 and shall identify all proposed drainage features.
(10)
Streetlighting. The location of all proposed streetlighting
fixtures shall be shown.
(12)
Protective covenants. A draft of any protective covenants
whereby the subdivider proposes to regulate land use in the subdivision
and otherwise protect the proposed development, including those required
to preserve open space and those required for maintenance and care
of shared open space and facilities shall be provided.
A.
Final subdivision plat review procedure. Upon receiving the approval of the preliminary plat by the Planning Board, the subdivider may proceed with the development of a final subdivision plat. Such plat shall be based exclusively on the design features presented in the preliminary plat, subject to those modifications stipulated by the Planning Board at the time of the preliminary plat approval. The final subdivision plat shall conform to the requirements described in Subsection B of § 90-14. The fee as set forth in Chapter A210, Fee Schedule, of the Code of the Town of Greenfield, New York, shall accompany said submission.
(1)
Submission.
(a)
The following submissions are required:
[1]
A formal application for final plat approval,
on a form to be supplied by the Town.
[2]
A copy of the final subdivision plat corresponding to the requirements outlined in Subsection B of this section.
[3]
A performance bond estimate for all public improvements
and utilities included on the final plat and the public utilities
plan and profile.
[4]
Detailed plans and profile drawings of all proposed
public utilities and improvements.
[5]
Evidence that the Board of Education for the
area in which the subdivision is to be built has been made aware of
the nature and extent of the proposed project.
[6]
Copies of all easement agreements, deeds, offers
of cession, right-of-way acquisitions, planting areas, covenants and
any other legal instruments, including documentation of the establishment
of any homeowners' association, which may require review as part of
the subdivision proposal.
[7]
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.
[8]
Evidence that the proposed subdivision has been
reviewed and approved by the New York State and/or County Department
of Health and the New York State Department of Environmental Conservation,
as required.
[9]
Letters in appropriate cases directed to the
Chairman of the Planning Board, signed by a responsible official of
the agency, utility company, government authority or special district
which has jurisdiction in the area of gas, electric, telephone, public
sewer or public water improvements, approving such proposed installation.
[10]
Lot numbering as required by 911 numbering system.
(b)
Unless otherwise specified in these regulations,
six copies of all of the required materials in the final plat submission
shall be placed on file with the Clerk of the Planning Board. No application
will be accepted for filing unless it is complete, as defined by the
requirements of these regulations.
(2)
Distribution. Upon receipt of the completed final
plat submission, the Chairman of the Planning Board shall transmit
copies of the final submission to the Zoning Administrator, the Town
Engineer, the Town Board and any other persons who may have a specific
interest in the proposed subdivision.
(3)
Public hearing.
(a)
The Planning Board may waive holding a pubic
hearing on a final plat if it finds that the final plat is in substantial
agreement with the preliminary plat and a public hearing was held
on the preliminary plat, including any modifications stipulated by
the Planning Board as part of the preliminary plat approval. If the
hearing is waived, the Planning Board shall act within 45 days from
the date that the final plat was filed with the Clerk of the Planning
Board.
[Amended 5-8-2008 by L.L. No. 1-2008]
(b)
If the Planning Board does not waive the public hearing in accordance with § 90-14A(3)(a) hereinabove or the final plat is not in substantial agreement with the preliminary plat, including any modifications stipulated by the Planning Board as part of the preliminary plat approval, then a public hearing shall be held within 45 days from the receipt of the final plat by the Clerk of the Planning Board. The public hearing shall be advertised in the official Town newspaper at least seven days in advance of the meeting date.
[Amended 5-8-2008 by L.L. No. 1-2008]
(4)
Approval or disapproval. Unless extended by the mutual
consent of the Planning Board and the subdivider, the Planning Board
must act on the final subdivision plat within 45 days of the receipt
of the application by the Clerk of the Planning Board if the public
hearing is waived or within 45 days after the date of the public hearing.
Failure of the Planning Board to take action within either of these
required time periods will be deemed an act of approval by the Planning
Board, granting to the subdivider all of the rights and privileges
which such approval conveys. Upon failure of the Planning Board to
take action within the above-specified period of time, a certificate
to that effect will be issued on demand, by the Town Clerk, pursuant
to § 276 of the Town Law.
(5)
Review.
(a)
The Planning Board shall review the final subdivision plat in accordance with the guidelines outlined in Subsection B of this section. It shall examine the final plat to see that it is consistent with the concept presented in the preliminary subdivision plat and that all of the required elements of submission have been placed on file with the Board, including any modifications stipulated by the Planning Board as part of preliminary plat approval.
(b)
After the public hearing has been held on the
final plat, if one is held, or within 45 days of receipt as specified
above, the Planning Board shall meet to take action on the submission
of a completed application. If the Board moves to approve the final
plat as submitted, it shall direct the Planning Board Chairman to
sign the final plat. The Chairman is required to sign the plat, subject
to the following conditions:
[1]
All of the requirements for final subdivision
plat submission have been met.
[2]
All required corrections and modifications have
been made or a sufficient guaranty has been accepted by the Planning
Board for such corrections and modifications. All such conditions
must be met before the plat is signed by the Chairman of the Planning
Board.
[3]
Any performance bonds requested by the Planning
Board have been obtained by the subdivider and approved by the Town
Board.
[4]
A statement has been supplied by the Town Attorney
approving as to the legal sufficiency of all offers of cession or
covenants governing the maintenance of unceded public open space.
(c)
The Planning Board may move to conditionally
approve the final plat. Within five days of the resolution granting
conditional approval, the plat shall be certified by the Clerk of
the Planning Board as conditionally approved, a copy shall be filed
in the office of the Clerk 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, shall 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.
(d)
If the final plat is disapproved, the applicant
shall be formally notified, in writing, by the Planning Board Chairman
of the reason(s) for Planning Board disapproval.
(6)
Recording and filing.
(a)
Within 60 days after the Planning Board has
approved a final plat, one copy of the subdivision plat shall be filed
with the County Clerk, such copy to be printed on required medium.
Failure to make such a filing with the County Clerk will result in
a revocation of Planning Board approval of the final plat.
(b)
No building permits may be issued for development
within the proposed subdivision prior to the time that such a filing
is made with the County Clerk.
(7)
Streets and roads. Planning Board approval of the
final plat shall not be deemed an acceptance by the Town of any street
or other land shown as offered for dedication to public use.
B.
Final subdivision plat submission requirements. Requirements for the final plat shall follow those of the preliminary plat layout [§ 90-13B(1) through (12)], with the following changes and/or additions:
(1)
Survey data shall show the following:
(a)
Accurate traverse of subdivision boundaries
with true bearings and distances.
(b)
Municipal, Town, county and special district
boundaries, referenced to the subdivision survey by true angles and
distances.
(c)
Radii, internal angles, points of curvature,
tangent distances and lengths of all curves.
(2)
Monuments.
(b)
Proposed new monuments or monuments to be reset
shall be shown.
(c)
One monument shall be located at each corner
and at each general change in direction of the boundary.
(d)
Two monuments shall be located at each street
intersection.
(e)
Monuments shall be located at the beginning
and end of each curve along one side of the street right-of-way.
(3)
Public improvement and utilities plan, details and
profile. This plan and profile are declared to be an integral part
of the final plat submission and shall be reviewed and approved by
the Town Engineer. The performance bond and inspections of the public
improvement and utilities plan shall be based on the public improvement
and utilities plan and profiles, the final plat and the municipal
specifications for such public improvements and utilities. A Health
Department approval block with approval stamp by the Health Department
shall be made on the document.
(a)
Basic plan requirements shall be as follows:
[1]
The sheet size shall be not less than 8 1/2
inches by 11 inches nor more than 30 inches by 42 inches. A larger
area necessitates the use of two or more sheets to show the entire
subdivision.
[2]
The title block shall show the name of the subdivision,
the scale and the date.
[3]
The plan shall show the outline of all rights-of-way,
easements and similar conditions.
[4]
Street line gradients in percent shall be indicated
with arrows to establish direction of flow.
[5]
Critical street center-line grade elevations
shall be shown.
(b)
Drainage system requirements shall be as follows:
[1]
A complete drainage system for the entire subdivision,
with the appropriate development stages for each of the final plat
sections, shall be shown graphically, with all existing drainage features
which are to be incorporated properly identified as existing.
[2]
The boundaries and area in acres of stormwater
runoff watersheds shall be shown for each drainage structure.
[3]
All proposed drainage structures (e.g., valley
gutters) shall be shown.
[4]
All drainage structures by county and Town shall
be identified, specifying type and numbers, if available.
[5]
The location of required test pits, borings
and the description of soils condition and water table shall be shown.
[6]
Notations and calculations concerning the ability
of receiving waters or drains to accept the additional anticipated
flows shall be shown.
(c)
Utility systems requirements shall be as follows:
[1]
Water supply distribution. The following shall
be shown:
[a]
The ownership of water supply.
[b]
The location and type of source of supply on
property, where piped in and the size of main supply.
[c]
The details of water supply facility if other
than municipal.
[d]
The location and size of all distribution mains.
[e]
The location of fire hydrants and hydrant valves.
(Valves to be compatible with fire district equipment.)
[f]
The location of all control valves.
[2]
Sanitary sewers. The following shall be shown:
[a]
The location and type of treatment facilities
or, where discharged to the Town sewer, the size of the receiving
sewer.
[b]
The details of the treatment facility, if other
than municipal.
[c]
All sanitary manholes.
[d]
The location, size and direction of flow for
all sewers.
[e]
The location of structures and any mechanical
equipment.
[f]
Detail sheets, manufacturers' specifications,
installation instructions and parts list for all mechanical equipment.
(d)
Profile drawing requirements.
[2]
All profiles shall show the existing and proposed
natural grades, the center lines of existing and proposed roads and
a system of survey stations.
[3]
The center-line profile and vertical curve data
as to gradient and critical elevations shall be shown.
[4]
The invert profile and location of all drainage
structures in street rights-of-way and in drainage easements and the
top of structures and invert elevations shall be shown.
[5]
The invert profile and location of all manholes
for sanitary sewers in street rights-of-way and in sanitary sewer
easements and the top of structures and invert elevations shall be
shown.
(5)
Offers of cession and protective covenants.
(a)
Offers of cession by dedicating streets, rights-of-way
and any sites for public uses, and agreements covering the improvements
and maintenance of unceded public places and the conditions and time
limits, if any, applying to site reservations, shall be provided.
(b)
A statement by the Town Attorney approving as
to the legal sufficiency of all offers of cession and all covenants
governing the maintenance of unceded public open space shall be provided.
(c)
Protective covenants in form for recording,
including covenants governing the maintenance of unceded public spaces
or reservations, shall be provided.
(6)
Such other certificates, affidavits, endorsements
or agreements as may be required by the Planning Board in enforcing
these regulations shall be provided.
