Town of Niskayuna, NY Article III Subdivision Application Procedures

§ 189-5 Application required prior to action.

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.

§ 189-6 Sketch plan.

A. Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 10 days prior to a regular meeting of the Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 189-22 for the purposes of classification and preliminary discussion.

B. Discussion of requirements and classification.

(1) The subdivider or his duly authorized representative may be required by the Board to attend a meeting of the Planning Board 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, or he may be required to meet with a subcommittee of the Board for this purpose.

(2) Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision, as defined in these regulations. The Board may require, however, when it deems it 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.

(a) If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 189-7 of this chapter.

(b) If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 189-8, 189-9 and 189-10.

C. Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems necessary, make specific recommendations in writing to be incorporated by the applicant in the next submission to the Planning Board.

§ 189-6.1 Lot line adjustments.

[Added 5-26-2015 by L.L. No. 2-2015]

A. Application and fee.

(1) Whenever any adjacent lots are proposed for lot line adjustments, before any deeds are filed with the County Clerk, the owner or his or her authorized agent shall apply for approval of such lot line adjustment by submitting to the Planning and Building Department on forms provided, accompanied by two copies of a sketch plan of the proposed lot line adjustment as detailed below.

(2) The application shall be accompanied by a fee established by the Town Board. (See Chapter 98 of the Code of the Town of Niskayuna.)

B. Sketch plan.

(1) A sketch plan shall be based on Tax Map information, a previously filed subdivision map or some other similarly acceptable base map at a scale of not less than 100 feet per inch. The sketch plan shall contain information pursuant to § 189-22, except § 189-22B(6), and the following:

(a) Boundary information of the parcels to be adjusted, and the location of the proposed lot line adjustments;

(b) The revised areas of the lots and the required building envelopes;

(2) Documentation demonstrating consent from the owner(s) of the property from which any portion of the parcel is proposed to be taken.

(3) The Town Zoning Enforcement Officer shall review the application to ensure that the lot line adjustment will not result in any code violations or require any permits from other involved agencies. If the lot line adjustments are in conformance with the Zoning Ordinance,[1] the applicant will be notified in writing that he/she may file a final lot line adjustment map as detailed below.

[1] Editor's Note: See also Ch. 220, Zoning.

C. Planning Board review.

(1) Final map. Within six months after notification by the Zoning Enforcement Officer that the lot line adjustment can proceed, the applicant shall submit a final lot line adjustment map to the Secretary of the Planning Board. Failure to do so shall require resubmission of the sketch plan to the Zoning Enforcement Officer for reconsideration.

(2) Map requirements. The plat shall conform to the layout shown on the sketch plan reviewed by the Zoning Enforcement Officer. The plat shall be prepared by a licensed engineer or surveyor, shall contain an actual field survey of the boundary lines of the amended parcels, giving complete descriptive data by bearings and distances, and be suitable for filing with the County Clerk. Copies of the proposed deeds and parcel descriptions resulting from the lot line adjustment shall be provided.

(3) Number of copies. Eight copies of the lot line adjustment map shall be presented to the Secretary of the Planning Board at least 10 days prior to a regularly scheduled meeting of the Planning Board.

(4) Meeting attendance. The applicant or his duly authorized representative may be required to attend a meeting of the Planning Board to discuss the lot line adjustment plat.

(5) Decision. The Planning Board will review the final lot line adjustment map to assure that all requirements are met and the proposal will not adversely impact neighboring properties, alter the character of the neighborhood nor negatively impact the health, safety or welfare of Town residents.

(6) Recording of final map. Within 62 days next following the date of official approval by the Planning Board and endorsement of such in writing on the plat, the applicant shall file the final lot line adjustment plan with the County Clerk. Otherwise, such final approval shall expire as provided in § 276 of the Town Law.

(7) Void if revised. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless said plat is first resubmitted to the Planning Board 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.

§ 189-7 Minor subdivision.

A. Application and fee.

(1) Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, 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 for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 189-23.

(2) All applications for plat approval for minor subdivisions shall be accompanied by a fee as established by the Town Board.[1]

[1] Editor's Note: See also Ch. 98, Fees, Art. I, Planning and Zoning Fees.

B. Number of copies. Eight copies of the subdivision plat shall be presented to the Secretary of the Planning Board at least 10 days prior to a regularly scheduled meeting of the Planning Board.

[Amended 4-17-2007 by L.L. No. 5-2007]

C. Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative may be required to attend a meeting of the Planning Board to discuss the subdivision plat, or he may be required to meet with a subcommittee of the Board for this purpose.

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, at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by § 189-23 of this chapter, has been filed with the Secretary of the Planning Board.

E. Public hearing. A public hearing shall be held by the Planning Board within 60 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 10 days before such a hearing.

[Amended 4-17-2007 by L.L. No. 5-2007]

F. Action on subdivision plat. The Planning Board shall, within 60 days from the date of the public hearing, approve, modify and approve or disapprove the subdivision plat.

[Amended 4-17-2007 by L.L. No. 5-2007]

§ 189-8 Preliminary plat for major subdivision.

A. Application and fee.

(1) Prior to the 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 § 189-24 hereof. 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 § 189-24 of this chapter, except where a waiver may be specifically authorized by the Planning Board.

(2) The application for approval of the preliminary plat shall be accompanied by a fee as established by the Town Board.[1]

[1] Editor's Note: See Ch. 98, Fees, Art. I, Planning and Zoning Fees.

B. Number of copies. Twelve copies of the preliminary plat shall be presented to the Secretary of the Planning Board at least 10 days prior to a regularly scheduled meeting of the Planning Board.

[Amended 4-17-2007 by L.L. No. 5-2007]

C. Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative may be required to attend a meeting of the Planning Board to discuss the preliminary plat, or he may be required to meet with a subcommittee for this purpose.

D. Study of preliminary plat. The Planning Board 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 and 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, the Soil Erosion and Sediment Control Ordinance,[2] and Zoning regulations,[3] if such exist.

[Amended 4-17-2007 by L.L. No. 5-2007]

[2] Editor's Note: See Ch. 180, Soil Erosion and Sediment Control.

[3] Editor's Note: See Ch. 220, Zoning.

E. When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular meeting of the Planning Board, at least 10 days prior to which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 189-24 of this chapter, has been filed with the Secretary of the Planning Board.

F. Public hearing. A public hearing shall be held by the Planning Board within 60 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 10 days before such hearing. In the case of average density developments, provided for in § 220-28 of Chapter 220, Zoning, of the Code of the Town of Niskayuna and planned unit developments provided for in Article VII of Chapter 220, Zoning, of the Code of the Town of Niskayuna, this public hearing requirement will be deemed to have been met by the public hearing of the Planning Board on the preliminary site plan.

[Amended 4-17-2007 by L.L. No. 5-2007]

G. Action on the preliminary plat. Within 60 days after the public hearing on a preliminary plat, the Planning Board shall take action to approve, with or without modifications, or disapprove such preliminary plat, and the ground for any modification required or the ground for disapproval shall be stated upon the records of the Planning Board. The time within which the Planning Board must act on the preliminary plat may be extended by mutual consent of the applicant and the Board. Failure of the Planning Board to act within such sixty-day period shall constitute an approval of the preliminary plat.

[Amended 4-17-2007 by L.L. No. 5-2007]

§ 189-9 Plat for major subdivision.

A. Application for approval and fee.

(1) The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, using the approved application blank available from the Secretary of the Planning Board.

(2) All applications for plat approval for major subdivisions shall be accompanied by a fee as established by the Town Board.[1]

[1] Editor's Note: See Ch. 98, Fees, Art. I, Planning and Zoning Fees.

(3) If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat. This time may be extended by mutual consent of the applicant and the Board.

B. Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Secretary of the Board with a copy of the application and four copies (one copy in ink on linen or other suitable material such as Mylar) of the plat, the original and one true copy of all offers of cession, covenants and agreements and three prints of all construction drawings, at least 10 days in advance of the regularly scheduled Planning Board meeting at which it is to be officially submitted.

[Amended 4-17-2007 by L.L. No. 5-2007]

C. When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular meeting of the Planning Board, 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 § 189-25 of this chapter, has been filed with the Secretary of the Planning Board. In addition, if the applicant elects to construct any or all required improvements [as specified in § 189-10A(2)], the Town Engineer must certify in writing to the Planning Board that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.

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 New York State 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 New York State 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 within 60 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 10 days before such hearing. This hearing may be waived if the Board determines that the final plat is in substantial agreement with the approved preliminary plat.

[Amended 4-17-2007 by L.L. No. 5-2007]

F. Action on proposed subdivision plat. The Planning Board shall, within 60 days from the date of the public hearing on the subdivision plat, approve, conditionally 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 for recording until the subdivider has complied with the provisions of § 189-10 of this article.

[Amended 4-17-2007 by L.L. No. 5-2007]

§ 189-10 Required improvements.

A. Improvements and letter of credit. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:

[Amended 4-20-2004 by L.L. No. 10-2004[1] ]

(1) In an amount set by the Planning Board, the subdivider shall either file with the Town Clerk a certified check to cover the full cost of required improvements, or the subdivider shall file with the Town Clerk an irrevocable letter of credit to cover the full cost of the required improvements. Any such letter of credit 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 execution and surety. A period of one year (or such other period of time as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the letter of credit 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 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 an irrevocable letter of credit 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 letter of credit shall be satisfactory to the Town Board and Town Engineer as to form, sufficiency, manner of execution and surety.

[1] Editor's Note: This local law also provided that the provisions of Town Law § 277(9)(c), enumerating the forms of security to be provided for the completion of improvements within a subdivision, are hereby superseded.

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, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board'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 section in writing and shall transmit a copy of such authorization to the Planning Board at their next regular meeting.

C. Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall notify the Town Engineer in writing of the time when he proposes to commence construction of such improvements so that the Town Engineer 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.

D. Proper installation of improvements. If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the expiration of the security for the completion thereof, that any of the requirement 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. The Town Board then shall notify the subdivider and, if necessary, the bank and take all necessary steps to preserve the Town's rights under the security. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.

[Amended 4-20-2004 by L.L. No. 10-2004[2]]

[2] Editor's Note: This local law also provided that the provisions of Town Law § 277(9)(c), enumerating the forms of security to be provided for the completion of improvements within a subdivision, are hereby superseded.

§ 189-11 Final approval and filing of subdivision plat.

Upon completion of the requirements in §§ 189-9 and 189-10 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 (Chairman 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 30 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.

§ 189-12 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 and endorsed in writing on the plat, unless the said plat is first resubmitted to the Planning Board 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.

§ 189-13 Public streets and recreation areas.

A. Public acceptance of streets. The approval by the Planning Board 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.

B. Ownership and maintenance of recreation areas. 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 shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board 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.