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 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.
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.
[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.
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:
(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.
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.
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.
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]
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.
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]
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]
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.
(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]
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.
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.
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.
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.