Whenever any subdivision of land is proposed
to be made, and before any contract for the sale of, or any offer
to sell any lots in such subdivision or any part thereof is made,
and before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or his duly authorized
agent shall apply in writing for approval of such proposed subdivision
in accordance with the following procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board/Zoning Board of Appeals at least 10 days prior to the regular meeting of the Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 145-24, for the purposes of classification and preliminary discussion.
[Amended 2-25-2020 by L.L. No. 1-2020]
B.
Discussion of requirements of classification. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board/Zoning Board of Appeals to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection and similar aspects as well as the availability of existing services and other pertinent information. Classification of the sketch plan is to be made at this time by the Planning Board/Zoning Board of Appeals as to whether it is a minor or major subdivision as defined in these regulations. The Board may require however, when it deems necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 145-7, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 145-8, 145-9 and 145-10.
[Amended 2-25-2020 by L.L. No. 1-2020]
C.
Study of sketch plan. The Planning Board/Zoning Board
of Appeals shall determine whether the sketch plan meets the purposes
of these regulations and shall, where it deems it necessary, make
specific recommendations in writing to be incorporated by the applicant
in the next submission to the Planning Board/Zoning Board of Appeals.[1]
[Amended 2-25-2020 by L.L. No. 1-2020]
[1]
Editor's Note: Former Subsections D through H, regarding fees
for reviews the required escrow account, each added 6-25-2001 by L.L. No.
5-2001, as respectively amended, which immediately
followed this subsection, were repealed 2-25-2020 by L.L. No. 2-2020.
[Amended 6-25-2001 by L.L. No. 3-2001; 2-25-2020 by L.L. No. 1-2020]
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board/Zoning Board of Appeals, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board/Zoning Board of Appeals for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board/Zoning Board of Appeals. Said application shall also conform to the requirements listed in Article V, § 145-25.
(2)
Fees for application to the Planning Board/Zoning
Board of Appeals for minor subdivisions shall be set by resolution
of the Town Board upon recommendation of the Planning Board/Zoning
Board of Appeals and the Building Inspector.
B.
Number of copies. Five copies of the subdivision plat
shall be presented to the Secretary of the Planning Board/Zoning Board
of Appeals at least 10 days prior to a scheduled monthly meeting of
the Planning Board/Zoning Board of Appeals.
C.
Subdivider to attend Planning Board/Zoning Board of
Appeals meeting. The subdivider, or his duly authorized representative,
shall attend the meeting of the Planning Board/Zoning Board of Appeals
to discuss the subdivision plat.
D.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board/Zoning Board of Appeals at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 145-25, of these regulations, has been filed with the Secretary of the Planning Board/Zoning Board of Appeals.
E.
Public hearing. A public hearing shall be held by
the Planning Board/Zoning Board of Appeals within 30 days from the
time of submission of the subdivision plat for approval. Said hearing
shall be advertised in a newspaper of general circulation in the town
at least five days before such hearing.
F.
Action on subdivision plat. The Planning Board/Zoning
Board of Appeals shall, within 45 days from the date of the public
hearing, approve, modify and approve, or disapprove the subdivision
plat.
[Amended 6-25-2001 by L.L. No. 3-2001; 2-25-2020 by L.L. No. 1-2020]
A.
Application and fee.
(1)
Prior to filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in Article V, § 145-26, thereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law, and Article V, § 145-26, of these regulations, except where a waiver may be specifically authorized by the Planning Board/Zoning Board of Appeals.
(2)
Fees for application to the Planning Board/Zoning
Board of Appeals for preliminary plat for major subdivision shall
be set by resolution of the Town Board upon recommendation of the
Planning Board/Zoning Board of Appeals and the Building Inspector.
B.
Number of copies. Five copies of the preliminary plat
shall be presented to the Secretary of the Planning Board/Zoning Board
of Appeals at least 10 days prior to a regular monthly meeting of
the Planning Board/Zoning Board of Appeals.
C.
Subdivider to attend Planning Board/Zoning Board of
Appeals meeting. The subdivider, or his duly authorized representative,
shall attend the meeting of the Planning Board/Zoning Board of Appeals
to discuss the preliminary plat.
D.
Study of preliminary plat.
(1)
The Planning Board/Zoning Board of Appeals shall study the practicability of the preliminary plat taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Master Plan, the Official Map, if such exist, and Chapter 165, Zoning.
(2)
The Planning Board/Zoning Board of Appeals, in reviewing
a preliminary plat, shall attempt to avoid excessive community expenditures
by the town because of necessary community improvements. This applies
particularly to improvements not only viewing them as capital expenditures
by the municipality but also taking into consideration excessive operating
expenditures such as school bus operation, police and fire protection,
etc. The Planning Board/Zoning Board of Appeals shall avoid approval
of premature subdivisions in light of orderly community development.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board/Zoning Board of Appeals at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article V, § 145-26, of these regulations, has been filed with the Secretary of the Planning Board/Zoning Board of Appeals.
F.
Conditional approval of the preliminary plat.
(1)
Within 45 days after the time of submission of a preliminary
plat, the Planning Board/Zoning Board of Appeals shall take action
to conditionally improve, with or without modifications, or disapprove
such preliminary plat and the grounds of any modification required
or the grounds for disapproval shall be stated upon the records of
the Planning Board/Zoning Board of Appeals. Failure of the Planning
Board/Zoning Board of Appeals to act within such forty-five-day period
shall constitute a conditional approval of the preliminary plat.
(2)
When granting conditional approval to a preliminary
plat, the Planning Board/Zoning Board of Appeals shall state the conditions
of such approval, if any, with respect to the specific changes which
it will require in the preliminary plat; the character and extent
of the required improvements for which waivers may have been requested
and which in its opinion may be waived without jeopardy to the public
health, safety, morals and general welfare; and the amount of improvement
or the amount of all bonds therefor which it will require as prerequisite
to the approval of the subdivision plat. The action of the Planning
Board/Zoning Board of Appeals plus any conditions attached thereto
shall be noted on three copies of the preliminary plat. One copy shall
be returned to the subdivider, one retained by the Planning Board/Zoning
Board of Appeals and one forwarded to the Town Board. Conditional
approval of a 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 plat, which will be submitted for approval of the
Planning Board/Zoning Board of Appeals and for recording upon fulfillment
of the requirements of these regulations and the conditions of the
conditional approval, if any. Prior to approval of the subdivision
plat, the Planning Board/Zoning Board of Appeals 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.
A.
Application for approval and fee. The subdivider shall,
within six months after the conditional approval of the preliminary
plat, file with the Planning Board/Zoning Board of Appeals an application
for approval of the subdivision plat in final form, using the approved
application blank available from the Secretary of the Planning Board/Zoning
Board of Appeals. Fees for application to the Planning Board/Zoning
Board of Appeals for plat for major subdivision; application for approval
and fee shall be set by resolution for the Town Board upon recommendation
of the Planning Board/Zoning Board of Appeals and the Building Inspector.
If the final plat is not submitted within six months after the conditional
approval of the preliminary plat, the Planning Board/Zoning Board
of Appeals may refuse to approve the final plat and require resubmission
of the preliminary plat.
[Amended 6-25-2001 by L.L. No. 3-2001; 2-25-2020 by L.L. No. 1-2020]
B.
Number of copies. A subdivider intending to submit
a proposed subdivision plat for the approval of the Planning Board/Zoning
Board of Appeals shall provide the Secretary of the Board with a copy
of the application and three copies (one copy in ink on linen or plastic
reproducible material) of the plat, the original and one true copy
of all offers of cession, covenants and agreements, and two prints
of all construction drawings, at least 10 days in advance of the regular
monthly Planning Board/Zoning Board of Appeals meeting at which it
is to be officially submitted.
[Amended 2-25-2020 by L.L. No. 1-2020]
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board/Zoning Board of Appeals at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 145-27, of these regulations, has been filed with the Secretary of the Planning Board/Zoning Board of Appeals. In addition, if the applicant elects to construct any or all required improvements, as specified in Article III, § 145-10A(2), the Town Engineer must file a certificate with the Planning Board/Zoning Board of Appeals stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.
[Amended 2-25-2020 by L.L. No. 1-2020]
D.
Endorsement of state and county agencies. Water and
sewer facility proposals contained in the subdivision plat shall be
properly endorsed and approved by the Albany County Department of
Health. Applications for approval of plans for sewer or water facilities
will be filed by the subdivider with all necessary town, county and
state agencies. Endorsement and approval by the Albany County Department
of Health shall be secured by the subdivider before official submission
of subdivision plat.
E.
Public hearing. A public hearing shall be held by
the Planning Board/Zoning Board of Appeals within 30 days after the
time of submission of the subdivision plat for approval. This hearing
shall be advertised in a newspaper of general circulation in the town
at least five days before such hearing.
[Amended 2-25-2020 by L.L. No. 1-2020]
F.
Action on proposed subdivision plat. The Planning Board/Zoning Board of Appeals shall, within 45 days from the date of the public hearing on the subdivision plat, approve, modify and approve or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Planning Board/Zoning Board of Appeals for recording until the subdivider has complied with the provisions of § 145-10 of this article.
[Amended 2-25-2020 by L.L. No. 1-2020]
[Amended 2-25-2020 by L.L. No. 1-2020]
A.
Improvements and performance bond. Before the Planning Board/Zoning Board of Appeals grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either § 145-10A(1) or § 145-10A(2) below:
(1)
In an amount set by the Planning Board/Zoning Board
of Appeals the subdivider shall either file with the Town Clerk a
certified check to cover the full cost of the required improvements
or the subdivider shall file with the Town Clerk a performance bond
to cover the full cost of the required improvements. Any such bonds
shall comply with the requirements of § 277 of the Town
Law and shall be satisfactory to the Town Board and Town Engineer
as to form, sufficiency, manner of executing and surety. A period
of one year (or such other period as the Planning Board/Zoning Board
of Appeals shall determine appropriate, not to exceed three years)
shall be set forth in the bond within which required improvements
must be completed.
(2)
The subdivider shall complete all required improvements
to the satisfaction of the Town Engineer, who shall file with the
Planning Board/Zoning Board of Appeals a letter signifying the satisfactory
completion of all improvements required by the Board. For any required
improvements not so completed the subdivider shall file with the Town
Clerk a bond or certified check covering the costs of such improvements
and the cost of satisfactorily installing any improvement not approved
by the Town Engineer. Any such bond shall be satisfactory to the Town
Board and Town Engineer as to form, sufficiency, manner of execution
and surety.
B.
Modification of design of improvements. If at any
time before or during the construction of the required improvements,
it is demonstrated to the satisfaction of the Town Engineer that unforeseen
conditions make it necessary or preferable to modify the location
or design of such required improvements, the Town Engineer may, upon
approval by a previously delegated member of the Planning Board/Zoning
Board of Appeals, authorize modifications, provided that these modifications
are within the spirit and intent of the Planning Board/Zoning Board
of Appeals's approval and do not extend to the waiver or substantial
alteration of the function of any improvements required by the Board.
The Town Engineer shall issue any authorization under this subsection
in writing and shall transmit a copy of such authorization to the
Planning Board/Zoning Board of Appeals at its next regular meeting.
C.
Inspection of improvements. At least five days prior
to commencing construction of required improvements, the subdivider
shall pay to the Town Clerk the inspection fee required by the Town
Board and shall notify the Town Board in writing of the time when
he proposes to commence construction of such improvements so the Town
Board may cause inspection to be made to assure that all town specifications
and requirements shall be met during the construction of required
improvements, and to assure the satisfactory completion of improvements
and utilities required by the Planning Board/Zoning Board of Appeals.
D.
Proper installation of improvements. If the Town Engineer
shall find, upon inspection of the improvements performed before the
expiration date of the performance bond, that any of the required
improvements have not been constructed in accordance with plans and
specifications filed by the subdivider, he shall so report to the
Town Board, Building Inspector and Planning Board/Zoning Board of
Appeals. The Town Board then shall notify the subdivider and, if necessary,
the bonding company, and take all necessary steps to preserve the
town's rights under the bond. No plat shall be approved by the Planning
Board/Zoning Board of Appeals as long as the subdivider is in default
on a previously approved plat.
[Amended 2-25-2020 by L.L. No. 1-2020]
A.
Final approval and filing. Upon completion of the requirements in §§ 145-9 and 145-10 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board/Zoning Board of Appeals (Chairman of the Planning Board/Zoning Board of Appeals or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved or considered approved by reasons of the failure of the Planning Board/Zoning Board of Appeals to act shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board/Zoning Board of Appeals to grant an extension which shall not exceed two additional periods of 90 days.
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been given by the Planning Board/Zoning Board of Appeals
and endorsed in writing on the plat, unless the said plat is first
resubmitted to the Planning Board/Zoning Board of Appeals and such
Board approves any modifications. In the event that any such subdivision
plat is recorded without complying with this requirement, the same
shall be considered null and void, and the Board shall institute proceedings
to have the plat stricken from the records of the County Clerk.
[Amended 2-25-2020 by L.L. No. 1-2020]
The approval by the Planning Board/Zoning Board
of Appeals of a subdivision plat shall not be deemed to constitute
or be evidence of any acceptance by the town of any street, easement,
or other open space shown on such subdivision plat.
[Amended 2-25-2020 by L.L. No. 1-2020]
When a park, playground or other recreation
area shall have been shown on a plat, the approval of said plat shall
not constitute an acceptance by the town of such area. The Planning
Board/Zoning Board of Appeals shall require the plat to be endorsed
with appropriate notes to this effect. The Planning Board/Zoning Board
of Appeals may also require the filing of a written agreement between
the applicant and the Town Board covering future deed and title dedication,
and provision for the cost of grading, development, equipment and
maintenance of any such recreation area.
