Any person proposing to create a subdivision shall submit a sketch plan, a copy of the latest deed for the subject premises, appropriate fees and two copies of an application for subdivision approval. Application forms may be obtained from the Planning Board. This application form shall include:
The title (name) of the subdivision.
The name, address and telephone number of the property owner(s) of record or his/her/their agent. If an agent shall be involved, authorization from the owner(s) shall be provided.
The name or number of the road where the proposed subdivision is to be located.
The Tax Map number (section, block and lot).
The name, address and telephone number of the surveyor or engineer preparing the subdivision plat.
The type of water supply, existing and proposed.
The type of sewer system, existing and proposed.
The fee or receipt for the same from the Planning Board Secretary.
Notarized signature(s) of the owner(s) of record (officer, if a corporation).
The following procedures and requirements shall apply to minor subdivisions only. All other subdivisions and resubdivisions, regardless of the total number of lots involved, shall be processed as major subdivisions.
Procedures for review of minor subdivisions.
Items to be submitted. The subdivider shall submit nine copies of the plat and required supplementary data, including a short environmental assessment form, to the Planning Board Secretary or his/her designee at least 10 days prior to the meeting of the Planning Board at which review is desired.
State environmental quality review requirements. The Planning Board shall classify the proposed action under the requirements of the State Environmental Quality Review Act (SEQR), make a designation of lead agency status, notify (if necessary) other involved/concerned agencies and, finally, make a declaration as to potential environmental impact, following the procedures and timing of state environmental quality review regulations as contained in the New York State Environmental Conservation Law.
Public hearing. The Planning Board shall hold a public hearing on the plat pursuant to § 276 of the New York State Town Law no later than 45 days following receipt of a complete plat.
Action on plat. The Planning Board shall approve, modify and approve or disapprove the plat within 45 days following a public hearing complying with the procedural requirements of § 276 of the New York State Town Law.
Filing. Following approval of the plat by the Planning Board, the subdivider shall, within 60 days, file the plat in the County Clerk's office. Failure to do so shall render the plat void, and the subdivider shall resubmit the plat for approval, including any filing fees required.
Plat requirements for minor subdivisions. The plat shall be prepared by a licensed land surveyor and shall show all the lots proposed to be created. The plat shall meet the following requirements:
The map shall be drawn by a licensed land surveyor to the County Clerk's requirements at least 8 1/2 inches by 11 inches and not more than 24 inches by 36 inches.
The names of all abutting property owners.
The location of designated wetlands or flood hazard areas.
The size of any remaining acreage in the tract from which lots are being taken shall be shown by a perimeter survey.
Topography to no less than twenty-foot contours.
Existing public roads shall be identified by name or route numbers and private roads by their posted names.
Proposed lot or parcel lines shall be drawn to scale and dimensions given in feet and hundredths of a foot. Lot areas shall be indicated. The map shall depict the proposed subdivision as part of the contiguous holdings of the subdivider and show adjacent lots already taken from the parcel.
Certification by a licensed surveyor as to the accuracy of the survey and plats, giving the date of survey and the date drawing was completed. Such certification shall also include conformity with New York State Department of Health regulations and all regulations of the Town of Neversink with respect to sewage disposal.
Location and results of percolation tests and deep pit tests for each lot.
[Amended 11-24-1992 by L.L. No. 5-1992]
Any other information the Planning Board may deem appropriate.
The following procedures and requirements shall apply to major subdivisions.
Sketch plans for major subdivisions. A sketch plan shall be submitted to the Planning Board of a scale sufficient to show the entire tract on one sheet and should show or include the following:
The location of that portion which is to be subdivided in relation to the entire tract.
All existing structures and wooded areas within the portion to be subdivided.
The name of the owners of all adjoining properties as disclosed by the most recent tax rolls.
All streets or roads, streams, water mains, sanitary sewers and electric, power and transmission lines, within 500 feet of the subdivision.
The types and bounds of all soils on the site.
The tentative layout of the remainder of the tract or other contiguous property owned by the subdivider.
The North point, scale and date.
A location map depicting the premises upon the United States Geological Survey quadrangle map(s).
Preliminary plat requirements for major subdivisions. 12 copies of the preliminary plat shall be required for all proposed major subdivisions. The preliminary plat shall be submitted to the Planning Board Secretary, or his/her designee, at least 10 days prior to the meeting at which the plat will be formally presented. The preliminary plat shall meet the following requirements and contain the following information:
The preliminary plat shall be clearly and legibly drawn by a licensed land surveyor to the County Clerk's specifications. Maps shall be not less than 8 1/2 inches by 11 inches nor more than 24 inches by 36 inches in size.
The proposed name of the subdivision. The name shall not duplicate in spelling or pronunciation any recorded subdivision within the Town of Neversink.
The location by Town, county and state. The plat should also include Tax Map numbers for the subject parcel and adjacent parcels.
The boundaries of the total tract and acreage contained within it.
The names of the owners of adjacent properties and lines showing where they intersect the subject parcel.
The proposed lot layout, with a numbering of lots.
The approximate dimensions and acreage of each lot.
The existing contours at intervals of not more than 20 feet. (United States Geological Survey maps may suffice for the basis of this item.) The Town reserves the right to request greater detail when the scope or nature of the development demands the same.
The location and extent of undevelopable areas, including widths of rights-of-way of all streets, utility areas, parks, public grounds, existing buildings and all open space areas.
The approximate locations of existing sanitary sewers, public water mains, storm sewers, electric power and transmission lines and all other items above or below ground, with direction of flow and pressure, if applicable.
The proposed layout of streets and other public rights-of-way, including widths and proposed names which shall not duplicate existing names by spelling or pronunciation. The street proposals shall be accompanied by a submission of plans, including profiles, cross sections and preliminary designs for bridges and culverts.
All drainage easements shall be shown and marked as such.
Approximate final grades in areas of cut or fill shall be shown.
The building setback lines.
Any lots designated for uses other than residential shall be indicated.
The parcels to be dedicated to the public or reserved for public use or to be reserved for use by residents of the subdivision shall be shown and marked as such.
The proposed covenants and restrictions.
Location and results of percolation tests and deep pit tests for each lot, together with certification by a professional engineer as to the conformity of the plans with the requirements of the New York State Department of Health and the Town of Neversink pertaining to sewage disposal.
[Amended 11-24-1992 by L.L. No. 5-1992]
The location of New York State designated wetlands.
The location of any designated flood hazard areas.
An erosion and sedimentation plan prepared by a licensed professional engineer, if required by the Planning Board.
A stormwater management plan prepared by a licensed professional engineer, if required by the Planning Board.
State environmental quality review.
In connection with the state environmental quality review process, the subdivider shall provide the Planning Board with any and all information which the Planning Board may reasonably require to classify the proposed action, review the action and make a final determination.
The Planning Board shall classify the proposed action under the requirements of the State Environmental Quality Review Act (SEQR), make a designation of lead agency status, notify (if necessary) other involved/concerned agencies and, finally, make a declaration as to potential environmental impact, following the procedures and timing of state environmental quality review regulations as contained in the New York State Environmental Conservation Law.
Preliminary public hearing. The Planning Board shall, no later than 62 days following the submission of a complete preliminary plat, hold a public hearing on the preliminary plat pursuant to § 276 of the New York State Town Law. In addition, the Planning Board shall cause notice of such hearing to be provided to the owners of property within 500 feet of the parcel subject to the application as identified on the latest assessment roll of the Town of Neversink. Such notice shall be given by certified mail at least 10 days in advance of such hearing. All costs associated with providing such notice shall be borne by the applicant. This same public hearing may serve as the required public hearing on the state environmental quality review draft environmental impact statement (DEIS), if one was required to be prepared according to an assigned scope of potential impacts.
[Amended 1-23-2008 by L.L. No. 1-2008]
Action on the preliminary plat.
The Planning Board shall take action within 45 days after the public hearing required on such plat to approve, approve with modifications or disapprove the preliminary plat. This time may be extended upon mutual consent of the subdivider and the Planning Board.
When approving a preliminary plat with modifications, the Planning Board must state, in writing, the modifications it deems necessary for submission of the plat in final form. When disapproving a preliminary plat, the Planning Board shall state, in writing, the reasons for disapproval. Approval of the preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted for approval of the Planning Board and the recording upon fulfillment of the requirements of this chapter and the conditions of the approval of the preliminary plat, if any. Prior to approval of the final plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.
Expiration of approval. Planning Board approval of a preliminary plat shall expire six months after the date of such formal action. No Planning Board action will be taken after such expiration until a new application and filing fee are submitted. An extension of preliminary approval for a reasonable period of time may be given in cases of hardship upon petition to the Planning Board.
Requirements for guaranty of improvements.
Methods to be followed. After approval of the preliminary plat, the subdivider, in a manner consistent with § 277 of the New York State Town Law, shall provide for the installation of required improvements (those physical additions and changes which may be necessary to provide usable and desirable lots). Before requesting final plan approval, the subdivider must:
Performance guaranty. This section is designed to be consistent with § 277 of the New York State Town Law and the Town hereby incorporates all authorities and requirements contained therein as part of these regulations.
Posting. The performance guaranty must be approved by the Town Board, with the advice of the Planning Board and Town Attorney, and must:
Be a surety bond, certified check or other security, provided that the same is satisfactory to the Town Board and consistent with the requirements of § 277 of the New York State Town Law.
Be payable to the Town of Neversink.
Be in an amount sufficient to complete the improvements, taking into account expected cost increases.
In the case of cash or its equivalent, be held in an escrow fund in the name of the Town.
Specify a satisfactory completion date for the improvements, which shall not be more than three years from the date of the final approval. Provisions may also be made for completion of improvements in phases.
Return. When the improvements have been completed and approved by the Town Engineer or other qualified individual designated by the Town, the guaranty shall be released and returned. When any of the required improvements have been completed and approved or materials for the same have been secured on-site, a portion of the security, commensurate with the cost of these improvements, may be released and returned.
In the event that any required improvements have not been installed within the terms of such performance guaranty, the Town Board may thereupon declare the performance guaranty to be in default and collect the sum remaining payable thereunder, and, upon the receipt of the proceeds thereof, the Town may install such impprovements as are covered by such performance bond and are commensurate with the extent of building development that has taken place in the subdivision, but not exceeding in cost the amount of such proceeds.
Maintenance bond. Where improvements are being dedicated to the Town, the subdivider shall comply with the applicable requirements of any other Town ordinances, laws and regulations governing dedication of improvements and submit a maintenance bond or other approved performance guaranty to guarantee maintenance and repair of those improvements for 12 months from the date of dedication. The maintenance bond shall generally be a maximum of 10% of the costs of improvements, subject to approval of the Town Board, and may be waived or altered on the advice of the Town Engineer.
Final plat requirements for major subdivision.
Following the installation and inspection of improvements or if provision is made for the posting of satisfactory guaranties for their installation and maintenance, the subdivider may submit the final plat to the Planning Board, which shall be processed in the same manner as a preliminary plat, except that a second public hearing may not be required if the final plat is in substantial conformity with the preliminary plat as approved.
The final plat shall be drawn on Mylar. The plat shall be prepared on one or more sheets of a uniform size and scale. Final plat attachments and exhibits shall be numbered and labeled in accordance with the requirements of this section. The final plat submission shall include, in addition to the information required for the preliminary plat submission, the following:
The exact locations, widths and names of all streets within the subdivision.
Complete curve data for all curves shown on the plat.
Exact descriptions of all easements being provided for services or utilities in the subdivision and any limitations placed on the use of such easements.
Accurate outlines of any lots or areas to be reserved or dedicated for common use by residents of the subdivision or for any public use, with the purpose indicated thereon.
Building setback lines, shown graphically, with dimensions.
A final version of all restrictions and covenants, if any, the developer intends to place in the deeds to the lots in the subdivision. If no such restrictions or covenants are to be imposed, a statement to that effect shall be included.
The total tract boundary lines of the area being subdivided, with accurate distances to hundredths of a foot and bearings to one minute. These boundaries shall be determined by accurate survey in the field. The location and elevation of all boundary line (perimeter) monuments shall be indicated, along with a statement of the total area of the property being subdivided. In addition, the surveyor shall certify as to the accuracy of the survey, the drawn plan and the placement of the monuments.
Satisfactory evidence that all improvements have either been installed and approved, or that a guaranty in an amount satisfactory to the Town Engineer and sufficient to ensure their installation, has been submitted to and approved by the Town.
Complete final construction plans and profiles of installed or proposed public sanitary sewage disposal systems and storm drains, with grades and pipe sizes.
Complete final construction plans of installed or proposed public water distribution systems, showing pipe sizes and locations of valves and fire hydrants, if any.
Evidence of actual agreements made with utility companies or agencies for supplying each lot in the subdivision with electric, power and telephone service.
A key map, for the purpose of locating the site to be subdivided, at a scale of not less than 2,000 feet to one inch, showing the relation of the property to all streets, roads and municipal boundaries existing within 4,000 feet or any part of the property proposed to be subdivided. United States Geological Survey quadrangle maps shall be the base for such a key map.
Approval blocks for the signatures of the Town Planning Board shall appear on the first sheet of all sets of plans, including the Mylars.
A statement that erosion and sedimentation and stormwater management plans, if required by the Planning Board, have been prepared and were approved by the Town Engineer.
Each final plan submission shall, in addition to the items required above, include new submissions of preliminary plat data in any instance where there has been a change in the plans or the circumstances surrounding them.
Final plats may be submitted in phases. However, no preliminary plat, or portions of such plat, shall remain valid for development of final plats after a period of six months from preliminary approval, unless an extension is granted by the Planning Board.
Public hearing. A public hearing shall be held on the final plat by the Planning Board within 45 days of its submission. However, when the Planning Board deems the final plat to be in substantial conformity with an approved preliminary plat (and modified in accordance with the requirements of the approval given to the preliminary plat, if the preliminary plat was approved with modification) the Planning Board may waive the requirement for the public hearing on the final plat.
Action of proposed final plat. The Planning Board shall, within 45 days from the date of the public hearing on the final plat, if one is held, or within 45 days after the receipt of the final plat by the Secretary of the Planning Board, if no hearing is to be held, approve, approve with modifications or disapprove the final plat. This time may be extended upon mutual consent of the subdivider and the Planning Board. If the plat is approved, the subdivider shall carry out the following steps prior to obtaining the Chairman's signature of approval:
Filing. Following approval of the final plat by the Planning Board, the subdivider shall, within 60 days, file the final plat in the County Clerk's office. Failure to do so will render the plat void, and the subdivider shall resubmit the plat for approval, including any filing fees required.
The Planning Board may require a deed restriction limiting the resubdivision of any parcel of land large enough to be legally subdivided or resubdivided under the provisions of the Town Code. The intent of the deed restriction will be as follows:
No more than a total of four lots may be created either simultaneously or sequentially from a parent parcel under classification as a minor subdivision. Should more than that total number of lots be applied for at any time in the future, the applicant will have to include all information required of a major subdivision for the previously subdivided lots, as well as for the lots under consideration in the application.
No more than a total 49 lots may be created either simultaneously or sequentially from a parent parcel for which both central sewer and water services do not exist. Should more than that total number of lots at any time be applied for, the applicant will have to include a plan for providing central sewer and water services to the previously subdivided lots at no additional cost to their present owners, as part of his present application for subdivision.
[Added 11-24-1992 by L.L. No. 5-1992]
Lot improvement exemption. Lot improvements, wherein a parcel of land is added to an existing lot for the purpose of increasing the size of the existing lot or a number of small lots are resubdivided or realloted so as to make a lesser number of larger lots, shall be exempt from the review procedures established in this chapter, provided that:
Recording approval. After the Planning Board shall have determined that the conditions for a lot improvement exemption have been met, it shall sign the plat with the following notation: "Approval is granted for recording purposes only in accordance with § 41-12.1 of the Town of Neversink Subdivision Local Law."
Plat requirements; fees. Plats submitted as lot improvements shall meet the plat requirements for minor subdivisions and shall be subject to the same schedule of fees as minor subdivisions.
[Added 2-13-2008 by L.L. No. 3-2008]
Natural subdivision exemption. Natural subdivisions, wherein parcels of land are separated by a public road or by a private road depicted on a subdivision plat approved on or after January 1, 2008, shall be exempt from the review procedures established in this chapter, provided that three copies of a proposed natural subdivision plat are submitted to the Planning Board.
Recording approval. After the Planning Board shall have determined that the conditions for a natural subdivision exist, it shall sign the plat with the following notation: "Approval is granted for recording purposes only in accordance with § 41-12.2 of the Town of Neversink Subdivision chapter."
The Planning Board shall, within 62 days of receipt of a natural subdivision plat, determine whether it complies with the exemption criteria of this § 41-12.2. Should the Planning Board fail to act in the time provided, such plat shall be deemed to not meet the exemption criteria.
Plat requirements; fees. Plans submitted as natural subdivisions shall meet the plat requirements for minor subdivisions and shall be subject to the same schedule of fees as minor subdivisions.