Note: Applicable to traditional and conservation subdivisions. All applications shall require a conservation analysis and shall comply with Chapter 146A in addition to this chapter.
Fifteen days prior to a regular monthly meeting of the Planning Board, a subdivider may submit for review 12 copies of the sketch plan of a proposed subdivision or resubdivision and its supporting data as specified in the Conservation Subdivision Regulations (Chapter 146A), and an environmental assessment form. This step does not require a formal application, fees, or filing of a plat. The subdivider should attend the next Planning Board meeting, and the Planning Board may provide its initial thoughts about the sketch plan.
A.
Filing application. At least 15 days prior to a regular meeting of
the Planning Board, the applicant shall file an application in the
form most recently approved by the Planning Board (signed and certified
to by the subdivider, and the applicant, if different) with the Town
Clerk for approval of a preliminary plat of the proposed subdivision
or resubdivision. Twelve copies of the following shall be submitted:
B.
C.
Attendance at meeting. The applicant or its representative shall
attend the Planning Board meeting to discuss the preliminary plat.
The Planning Board shall study the practicality of the preliminary
plat, taking into consideration the provisions of these regulations,
including but not limited to the zoning district(s) of the land being
subdivided, the requirements of the community, and the future development
of adjoining lands as yet unsubdivided. SEQRA shall be complied with.
D.
Notice by applicant to owners of nearby property.
[Amended 8-9-2016 by L.L.
No. 7-2016]
(1)
All owners of property located both (a) within 500 feet of the outside
perimeter of the proposed subdivision and (b) directly across any
existing street from the property to be subdivided shall be given
notice of the public hearing.
(2)
At least 15 days in advance of the public hearing, the applicant
shall be required to provide such notices to the Planning Board Secretary
in stamped, sealed envelopes addressed to the required property owners
along with a copy of such notice for the official Town file. Such
notices shall be mailed by the Planning Board Secretary at least 10
days in advance of the public hearing date by regular United States
mail.
(3)
The notice shall set forth the date, time, place and purpose(s) of
the public hearing.
(4)
The cost of such notices shall be borne by the applicant.
(5)
Notwithstanding the specific notification rules contained in this
section, the Planning Board may, in its own discretion, and as the
case warrants, provide greater notice in the interest of fuller public
participation.
(6)
The applicant shall promptly display at the subject property the
official notice on a form provided by the Codes Enforcement Officer
for a period of no less than five days prior to said hearing. Such
notice shall be easily visible from the street at all times.
(7)
Failure to provide such notice shall not be deemed a jurisdictional
defect to the processes listed herein, and in no event shall such
failure be a basis or grounds for overturning a decision of the Planning
Board.
E.
Other agencies. If applicable, the plat shall be referred to the
Madison County Planning Department (hereinafter "MCPD") in accordance
with § 239-n of the General Municipal Law.
F.
Procedures when the Planning Board is the lead agency; public hearing,
notice and the decision of the Planning Board. The following procedures
shall apply when the Planning Board is the lead agency:
(1)
Public hearing on preliminary plats. The time within which the Planning
Board shall hold a public hearing on the preliminary plat shall be
coordinated with any hearings the Planning Board, as lead agency,
may schedule pursuant to SEQRA, as follows:
(a)
When an EIS is not required. If the Planning Board determines
that the preparation of an EIS on the preliminary plat is not required,
the public hearing on the preliminary plat shall be held within 62
days after:
[2]
If the application is subject to the mandatory review of the
MCPD under § 239-n of the New York General Municipal Law,
either:
(b)
When an EIS is required.
[1]
If the Planning Board determines that an EIS is required, and
a public hearing on the draft EIS is held, the public hearing on the
preliminary plat and the draft EIS shall be held jointly within 62
days after:
[2]
If no public hearing is held on the draft EIS, the public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion and the other requirements set forth at Subsection
F(1)(b)[1][b] and [c] above have been satisfied.
(2)
Public hearings; notice by Planning Board; length of hearing. The
hearing on the preliminary plat shall be advertised by the Planning
Board at least once in a newspaper of general circulation in the Town
at least five business days before such hearing if no hearing is held
on the draft EIS, or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems appropriate. The hearing on the preliminary
plat shall be closed upon motion of the Planning Board within 120
days after it has been opened.
(3)
Decision. The Planning Board shall approve, with or without modification
or conditions, or disapprove such preliminary plat as follows:
(a)
When an EIS is not required. If the Planning Board determines
that the preparation of an EIS on the preliminary plat is not required,
the Planning Board shall make its decision within 62 days after the
close of the public hearing; or
(b)
When an EIS is required. If the Planning Board determines that
an EIS is required, and a public hearing is held on the draft EIS,
the final EIS shall be filed within 62 days following the close of
such public hearing. If no public hearing is held on the draft EIS,
the final EIS shall be filed within 62 days following the close of
the public hearing on the preliminary plat. Within 30 days of the
filing of such final EIS, the Planning Board shall:
(4)
Grounds for decision. The grounds for a modification, if any, or
the grounds for disapproval shall be stated upon the records of the
Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications or conditions it deems
necessary for submission of the preliminary plat in final form.
G.
Procedures when the Planning Board is not the lead agency. When the
Planning Board is not lead agency under SEQRA, the public hearing,
notice and decision procedures will comply with § 276(5)(e)
of the Town Law of the State of New York.
H.
Certification and filing of preliminary plat and resolution. Within
five business days of the adoption of the resolution granting approval
of such preliminary plat, such plat shall be certified by the Planning
Board Clerk as having been granted preliminary approval, and a copy
of the preliminary plat and resolution shall be filed in such Clerk's
office. A copy of the resolution shall be mailed to the subdivider
and the applicant (if different).
I.
Filing of decision on preliminary plat with Town Clerk. Within five
business days after the date of the adoption of the resolution stating
the decision of the Planning Board on the preliminary plat, the Planning
Board Clerk, chairman, or other duly authorized member of the Planning
Board shall cause a copy of such resolution to be filed in the office
of the Town Clerk.
J.
When approval of preliminary plat becomes null and void. Within six months of the approval of a preliminary plat, the subdivider must submit an application for approval of a final plat of all, or a section (which section is shown as Section 1 on the preliminary plat) of, the lands shown on the preliminary plat. The Planning Board may revoke its approval of the preliminary plat if a final plat application is not submitted within six months of the approval of the preliminary plat. Subject to the provisions of § 146-9B(2) below, which shall prevail where the subdivision lands are to be developed in sections, if an application for approval of a final plat is not submitted within three years of the approval of the preliminary plat, the approval of the preliminary plat, without any action by the Planning Board, shall automatically become null and void, unless within that three-year period, the Planning Board and the applicant or the subdivider agreed, in writing, to extend the three-year period.
K.
Approval of the preliminary plat shall not constitute final approval.
The Planning Board's approval of a preliminary plat shall not
constitute a final approval, and no building permit shall be issued
based on the approval of a preliminary plat. Rather, the approval
of the preliminary plat shall be 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 the final plat approval
of the Planning Board. Only when final plat approval occurs may a
plat be filed in the Madison County Clerk's office and building
permits be issued. Prior to approval of the final plat, the Planning
Board may require additional changes as a result of further study
or new information obtained.
L.
Time period extensions. The time periods for the Planning Board to take action under this § 146-8 may be extended by mutual consent of the applicant (or subdivider) and the Planning Board.
M.
Requirements of preliminary plat if subdivision is to be developed
in sections. If an applicant desires to develop the subdivided lands
in sections:
(1)
Requirements of preliminary plat.
(a)
The preliminary plat application shall:
[1]
State that fact;
[2]
Delineate, on the preliminary plat, the proposed sections;
[3]
Set forth the sequence in which the sections will be developed
by numbering the sections on the preliminary plat in the sequence
the sections will be developed (e.g., the first section to be developed
will be "Section 1," the second section to be developed will be "Section
2," etc.); and
[4]
Set forth the date for final plat approval for each section.
(2)
Time limitations for approval of sections. The application for final plat approval for the first section shall be subject to the time requirements set forth in Subsection J. The approval of the remaining sections shown on the approved preliminary plat shall expire and be null and void as to those sections that shall not have been granted final approval and for which the final plat shall not have been filed before the time limitations set forth in § 146-9B(2) (Development in sections, time limitations) and/or § 146-10D (Duration of conditional approvals); provided, however, in the event the above provisions should, under the circumstances, conflict with the exemption period to which such plat is entitled under the provisions of Subdivision (2) of § 265-a of the Town Law, then § 265-a(2) shall control.
N.
to reimburse Planning Board for costs to prepare or review an EIS.
As permitted in Section 8-0109(7)(a) of SEQRA, an applicant shall
reimburse the Town for all costs incurred by the Planning Board or
the Town in preparing, or causing to be prepared, or reviewing a draft
EIS or an EIS statement, but the applicant shall not be charged for
costs incurred for both the preparation and review of such statements.
O.
From sketch plan to final plat application. Applications for preliminary
plat approval may be waived, and the applicant may proceed from the
sketch plan to the application for final plat approval, but only if
the Planning Board determines, in its discretion, such action is without
jeopardy to the public health, safety and general welfare, and is
appropriate in the particular situation.
A.
Application for approval of final plat. Fifteen days prior to the
regular monthly meeting of the Planning Board, and within six months
after the approval of the preliminary plat, the applicant shall file
an application for approval of the final plat with the Town Clerk.
(1)
The application for final plat approval shall include:
(a)
Duplicate original of the signed application;
(b)
Twelve copies of the proposed final plat;
(c)
Two copies of the narrative required under § 146-46, signed and certified to by the engineer for the developer and by the subdivider (and applicant if different from subdivider);
(e)
The fee established by the Town Board; and
(f)
If any proposed water supply and/or sewage disposal facilities
associated with the subdivision require approval by the Department
of Health or the Department of Environmental Conservation, the applicant
shall provide evidence that at least preliminary approval has been
granted, in writing, by those agencies.
B.
Development in sections.
(1)
Generally. In granting conditional or final approval of a final plat, the Planning Board may: (1) permit the plat to be subdivided and developed in two or more sections (provided the requirements set forth in § 146-8M have been satisfied); and (2) in its resolution granting conditional or final approval, set forth the requirements or conditions it deems necessary to ensure the orderly development of all the lands shown on the preliminary plat be completed before the final plat for the section(s) will be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the section(s) of a final plat may, at the Planning Board's option, be granted concurrently with conditional or final approval of the entire plat, and subject to any and all requirements imposed by the Planning Board.
(2)
Time limitations and other requirements for development in sections.
(a)
If final plat approval is requested in sections, then:
[1]
The provisions of § 146-8M shall have been complied with as part of the preliminary plat approval process;
[3]
The application for approval of the final plat for the first
section (Section 1 on the preliminary plat) shall be filed no later
than six months after the date the Planning Board granted approval
of the preliminary plat; provided, however, if the application for
final plat approval for the first section is not filed within three
years of the date of the preliminary plat approval, such preliminary
plat approval shall be null and void, in its entirety, without any
need for action by the Planning Board unless, within that three-year
period, the subdivider (or applicant) and the Planning Board have
agreed to extend that three-year period; and
[4]
An application for approval of all sections shown on the preliminary
plat shall be filed within three years after the date preliminary
plat approval.
(b)
If the requirements set forth at Subsection B(2)(a)[1], [2], [3] or [4] above are not timely complied with, the Planning Board may revoke the approval of the preliminary plat for all sections for which a final plat has not been filed; provided, however, if final plat approval for all sections shall not have been granted within five years of the date of the approval of the preliminary plat, then the approval of all sections shown on the preliminary plat which have not received final plat approval shall automatically, without any action of the Planning Board, become null and void, unless the subdivider (or applicant) and the Planning Board, within the five-year period, have entered into a written agreement extending the five-year period.
(3)
Development in sections; when the preliminary plat is filed with the Town Clerk. When the subdivider or applicant files the approved final plat for only the first section of an approved preliminary plat in the Office of the Madison County Clerk, a copy of the entire approved preliminary plat shall be filed by the Planning Board Clerk with the Town Clerk within 30 days of the Planning Board Clerk's receipt from the subdivider or applicant of a certified copy of the filed final plat for the first section. (See § 146-10C.)
C.
Dedication of public roads by the Town Board. Acceptance of any offer
of dedication of public roads, parks or other public improvements
or infrastructure improvements shall rest solely with the Town Board.
No final plat shall be signed by a member of the Planning Board until
the subdivider's offer of dedication is accepted by the Town
Board.
D.
Dedication of roads, etc. not implied by plat approval. The approval
by the Planning Board of a preliminary or final plat shall not constitute
nor imply the acceptance by the Town of any road, utility, recreation
area, easement, park, open space, or other public improvement or infrastructure
improvement shown on the plat. All plats should contain appropriate
notes to this effect on the plat.
E.
Final plat not substantially the same as preliminary plat. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with the preliminary plat approval granted pursuant to § 146-8, then the application shall be considered an application for preliminary plat approval; the applicant shall be instructed to revise the plat to state it is a preliminary plat, and upon resubmission of the plat as so amended, and the payment of any applicable fees, the application shall proceed under § 146-8 above as a new application for preliminary plat approval.
F.
When final plat is in substantial agreement with preliminary plat; time for Planning Board to decide when final plat application is complete. Within 62 days from the date of submission of a complete application for final plat approval, which the Planning Board deems to be in substantial agreement with the preliminary plat approved under § 146-8, the Planning Board shall grant approval or conditional approval, or shall disapprove the final plat, stating its grounds for the decision. This time period may be extended by mutual consent of the applicant or subdivider and the Planning Board.
H.
Sketch plan to final plat application. When the Planning Board determines no preliminary plat application is required to be filed, the application for final plat approval shall follow the procedures under § 146-8 regarding SEQRA, public hearing, notices, decision, referral to MCPD, etc.; provided, however, in the case of a minor lot alteration, the provisions of § 146-11 shall prevail regarding public hearings and referrals.
A.
Final plat approval always conditioned on Town Board's acceptance
of public improvements and infrastructure improvements. An application
for final plat approval may be submitted before or after the Town
Board's acceptance of dedication of roads, parks, easements,
utilities or other public improvements or infrastructure improvements.
If the application is submitted before such acceptance by the Town
Board, and the application is in all respects complete and satisfactory
to the Planning Board, the Planning Board shall grant conditional
approval to the final plat, conditioning the approval upon, at a minimum,
the Town Board's acceptance of the subdivider's offer of
dedication to the Town of the new public roads and other public improvements
and infrastructure improvements described in the Planning Board's
resolution, and such conditional approval shall be upon such other
conditions as the Planning Board deems appropriate.
B.
Approval, certification and filings of plats in Planning Board Clerk's
office; notice to subdivider of decision. Within five business days
of the adoption of a resolution granting conditional or final approval
of a final plat, a copy of such resolution and the final plat shall
be filed in the office of the Planning Board's Clerk. A copy
of the resolution shall be mailed by the Planning Board Clerk to the
subdivider (and to the applicant, if the subdivider and the applicant
are not the same). When a final plat is granted conditional approval,
such resolution shall include a statement of the requirements and
conditions which, when completed and satisfied, will authorize the
signing of the final plat.
C.
Delivery of signed final plat and notice to applicant. Upon the Planning Board making a determination that all the requirements and conditions described in Subsection B above and in the resolution have been completed, two duplicate originals of the final plat shall be provided by the applicant to the Planning Board for signature by a duly authorized officer of the Planning Board: one signed final plat shall be filed by the Planning Board Clerk in the office of the Planning Board Clerk; and the second signed final plat shall be delivered to the applicant with a notice that if § 146-10E of these regulations is not timely complied with, the Planning Board approval shall become null and void and a notice to that effect may be recorded by the Planning Board in the Madison County Clerk's office against the real property involved in the subdivision.
D.
Duration of conditional approvals. Conditional approval of a final
plat shall expire within the time period (not to exceed three years)
set forth in the Planning Board's resolution granting conditional
approval (provided, however, if no expiration period is set forth
in that resolution, the conditional approval shall expire 180 days
from the date of the resolution) unless all requirements and conditions
stated in such resolution have been completed and satisfied, as evidenced
by a resolution of the Planning Board. The Planning Board may extend,
by not more than two additional periods of 90 days each, the time
in which a conditionally approved plat must be submitted for signature
if, in the Planning Board's opinion, such extension is warranted
by the particular circumstances.
E.
Filing of final plat by applicant and applicant's delivery of
certified copy to Planning Board.
(1)
Within 62 days of the date the final plat was signed by a duly authorized
officer of the Planning Board, the applicant or the subdivider shall:
(a)
File the final plat in the Madison County Clerk's office; and
(b)
Deliver to Town Clerk a copy of the filed final plat, with the
filing information shown thereon (including, but not limited to, the
map number assigned to it by the Madison County Clerk), which copy
shall be certified to by the Madison County Clerk.
F.
Default approval of plats. The time periods prescribed herein within which the Planning Board must take action on a preliminary plat or a final plat are intended to provide the Planning Board and the public adequate time for review and to minimize delays in the processing of subdivision applications. Such periods may be extended by mutual consent of the subdivider or applicant and the Planning Board. In the event the Planning Board fails to take action on a preliminary plat or a final plat within the time prescribed therefor after completion of all requirements under SEQRA, or within such extended period as may have been established by the mutual consent of the applicant or the subdivider and the Planning Board, such preliminary or final plat shall, subject to the notice and ability to cure provisions below, be deemed granted approval (herein a "default approval"). The certificate of the Town Clerk as to the date of submission of the preliminary or final plat and the failure of the Planning Board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required. Notwithstanding anything provided in this Subsection F, or elsewhere in these regulations, default approval shall not occur unless and until the applicant or subdivider provide the Town Clerk with written notice (the "notice") stating that if the Planning Board does not take the required action (and the required action shall be specified, with particularity, in the notice) within 20 days of the Town Clerk's actual receipt of the notice, default approval shall occur under this Subsection F and the subdivider shall be entitled to the default approval certificate. No default approval shall occur if the Planning Board takes the required action within 20 days after the Town Clerk's actual receipt of the notice.
G.
Notice of resolution to Town Clerk. Within five business days from
the date of the adoption of a resolution stating the decision of the
Planning Board on the final plat, the Planning Board Clerk shall cause
a copy of such resolution to be filed in the office of the Town Clerk.
H.
Notice to the Madison County Planning Department; impact upon action
by Planning Board on application. When applicable, the Planning Board
Clerk shall refer preliminary and final plats to the Madison County
Planning Department (MCPD), and no further action on the application
shall be taken until the earlier of (a) the Planning Board's receipt
of a recommendation from MCPD or (b) 30 days have elapsed from MCPD's
receipt of the referral without the Planning Board receiving such
a recommendation.
I.
Final approval. The following shall constitute final approval:
(1)
The
signature on the final plat by a duly authorized officer of the Planning
Board pursuant to a Planning Board resolution; or
(2)
The
approval by the Planning Board of the development of a plat or plats
already filed in the Office of the Madison County Clerk if such plats
are entirely or partially undeveloped; or
(3)
The
certificate of the Town Clerk as to the date of the submission of
the final plat and the failure of the Planning Board to take action
within the time herein provided.
J.
No changes, erasures, modifications, or revisions. No changes, erasures,
modifications or revisions shall be made to a final plat for which
final plat approval has been given, unless the final plat is resubmitted
to the Planning Board and the Planning Board approves the modifications.
In the event that a plat is filed in the Madison County Clerk's
office without complying with this requirement, it shall be considered
null and void, and the Board shall institute proceedings to have the
plat stricken from the records of the County Clerk, and/or file a
notice in the Madison County Clerk's office advising the public
the final plat was modified without the Planning Board's approval
and therefore is null and void.
K.
Subdivision abandonment. The subdivider, and/or the subdivider's
successor and/or assigns, may abandon a subdivision pursuant to the
provisions of § 560 of the New York Real Property Tax Law.
B.
If the owner(s) of the lands involved in the relocation of boundary lines believes the matter is a minor lot alteration, as that term is defined in Article II, then at least 15 days prior to a regular meeting of the Planning Board, the owner(s) shall complete an application for a determination by the Planning Board that the proposal is a minor lot alteration and requesting that the plat enclosed with the application be granted final approval by the Planning Board. A complete application includes: (1) (2) (3) (4) (5)
(1)
An
application form completed and signed by all owners of the real property
involved in the application;
(2)
A
completed and signed EAF;
(3)
The
appropriate fee to the Town Clerk;
(4)
Twelve
originals of the proposed plat showing each new proposed lot, the
current boundary lines of the existing lot(s), the proposed new boundary
lines for each lot, which plat shall be prepared and certified by
a surveyor; and
(5)
Copies
of both the existing and proposed deeds for the impacted properties.
C.
Within 62 days of receipt by the Planning Board of a complete application
for a determination of minor lot alteration, the Planning Board will
act on the application. This time period may be extended by mutual
consent of the subdividers or applicant and the Planning Board.
D.
The Planning Board shall have the exclusive right and power to make
the determination of whether the matter described in the application
is or is not a minor lot alteration. If the Planning Board determines
that the proposed change is a minor lot alteration, the procedures
below shall apply. If the Planning Board determines the matter is
not a minor lot alteration, the application shall be denied.
E.
If the Planning Board determines the proposal is a minor lot alteration:
(1)
The application shall be treated as an application for final plat
approval;
(2)
No public hearing shall be required;
(3)
No referral to the County planning agency shall be required;
(4)
Upon the Planning Board granting final approval, the provisions of § 146-10E shall apply regarding the approved plat; and
(5)
Within 30 days of the Planning Board's approval, the applicant
shall record the approved deed(s) and provide the Planning Board Clerk
with a copy of the recorded deed(s), with the recording information
shown.
A.
The Planning Board may, in its discretion, upon receipt of an application of the owner of a parcel of land which has been improperly subdivided without the Planning Board's previous approval (by the division of a parcel by deed, or otherwise) (hereinafter in this § 146-12 an "improper subdivision") approve the proposed subdivision plat submitted with the application, which application and plat shall contain all the information and meet the other requirements of a final plat, it being understood that the plat may show that the one parcel shall remain one parcel after the plat is filed. The approval of the Planning Board may be given even if the application involves only one parcel of land. Among the considerations the Planning Board may consider in approving or not approving an application under this § 146-12 are whether the owner of the improperly subdivided parcel, or any family member of that owner, had any involvement or knowledge of the improper subdivision, whether any of the owners of the lands involved in the improper subdivision have been contacted but refused to join in the subdivision application, whether the subdivision application is complete, and whether the proposed final plat meets the requirements of a final plat.
B.
If a plat is approved as permitted in this § 146-12, then from the date the approved plat is filed in the Madison County Clerk's office, and the Town Clerk receives a certified copy of that plat, with the map number assigned to it by the Madison County Clerk shown thereon, the lands shown on that approved filed plat shall be deemed to have been properly subdivided; provided, however, the lands involved in the improper subdivision which are not shown on the approved filed plat shall remain improperly subdivided lands subject to all the remedies available to the Town.
