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.