A.
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.
B.
Where applications may be obtained. Subdivision applications
and other forms required by the regulations may be obtained from the Town
Clerk, the Building and Zoning Administrator or the Secretary of the Planning
Board.
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 14 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 § 170-21 for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider, or his duly authorized representative,
shall attend the 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.
(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. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedures outlined in §§ 170-5 and 170-9. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 170-6, 170-7, 170-8, 170-9 and 170-10.
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 it necessary, make specific recommendations in writing to be
incorporated by the applicant in the next submission to the Planning Board.
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 § 170-22A.
(2)
All applications for plat approval for minor subdivisions
shall be accompanied by a fee as stated in the fee schedule established by
the Berne Town Board.
B.
Number of copies. Two copies of the subdivision application
and five copies of the final plat shall be presented to the Secretary of the
Planning Board at least 14 days prior to a regular meeting of the Planning
Board.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of the Planning
Board to discuss the final plat.
D.
When officially submitted. The time of submission of the final plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by § 170-22 of these regulations, has been filed with the Secretary of the Planning Board.
E.
Public hearing. A public hearing shall be held by the
Planning Board within 62 days from the time of submission of the final plat
for approval. Said hearing shall be advertised in a newspaper of general circulation
in the Town at least five days before such hearing.[1]
F.
Action on subdivision plat.
(1)
The Planning Board shall, within 62 days from the date
of the public hearing, act to conditionally approve, conditionally approve
with modification, disapprove, or grant final approval and authorize the signing
of the subdivision plat. This time may be extended by mutual consent of the
subdivider and the Planning Board. Failure of the Planning Board to act within
such time shall constitute approval of the plat.[2]
(2)
Upon granting conditional approval with or without modification
to the plat, the Planning Board shall empower a duly authorized officer to
sign the plat upon compliance with such conditions and requirements as may
be stated in its resolution of conditional approval. Within five days of the
resolution granting conditional approval, the plat shall be certified by the
Secretary of the Planning Board as conditionally approved, a copy shall be
filed in his/her office, and a certified copy mailed to the subdivider. The
copy mailed to the subdivider shall include a certified statement of such
requirements which, when completed, will authorize the signing of the conditionally
approved plat. Upon completion of such requirements, the plat shall be signed
by the duly designated officer of the Planning Board. Conditional approval
of a plat shall expire 180 days after the date of the resolution granting
such approval unless the requirements have been certified as completed within
that time. The Planning Board may, however, extend the time within which a
conditionally approved plat may be submitted for signature, if in its opinion
such extension is warranted in the circumstances, for not to exceed two additional
periods of 90 days each.
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 approval of a preliminary plan of the proposed subdivision. Such preliminary plat shall be clearly marked "Preliminary plat" and shall be in the form described in § 170-23 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 § 170-23 of these regulations, 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 stated in the fee schedule established by
the Berne Town Board.
B.
Number of copies. Five copies of the preliminary plat
shall be presented to the Secretary of the Planning Board at the time of submission
of the preliminary plat.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of the Planning
Board to discuss the preliminary plat.
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, 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 Town of Berne Comprehensive
Land Use Plan, the Official Map, and Zoning Regulations, if such exist.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 170-23 of these regulations has been filed with the Secretary of the Planning Board.
F.
Approval of the preliminary plat.
(1)
Within 45 days after the receipt of such preliminary
plat by the Secretary of the Planning Board the Planning Board shall hold
a public hearing, which shall be advertised at least once in a newspaper of
general circulation in the town at least five days before such hearing. The
Planning Board may provide that the hearing be further advertised in such
manner as it deems most appropriate for full public consideration of such
preliminary plat. Within 62 days after the date of such hearing, the Planning
Board shall approve with or without modification or disapprove such preliminary
plat, and the ground of a modification, if any, or the ground for disapproval
shall be stated upon the records of the Planning Board. The time in which
the Planning Board must take action on such plat, may be extended by mutual
consent of the subdivider and the Planning Board. When so approving a preliminary
plat, the Planning Board shall state in writing modifications, if any, as
it deems necessary for submission of the plat in final form. Within five days
of the approval of such preliminary plat it shall be certified by the Secretary
of the Planning Board as granted preliminary approval and a copy filed in
his/her office, a certified copy mailed to the owner, and a copy forwarded
to the Town Board. Failure of the Planning Board to act within such forty-five-day
period shall constitute approval of the preliminary plat.[1]
(2)
When granting approval to a preliminary plat, the Planning
Board shall state the terms of such approval, if any, with respect to (1)
the modifications to the preliminary plat, (2) 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, (3) the amount of improvement or the amount of
all bonds therefor which it will require as prerequisite to the approval of
the subdivision plat. 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 and for recording upon fulfillment of the requirements of these regulations.
Prior to approval of the subdivision plat, the Planning Board 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 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. All applications for plat approval for major subdivisions
shall be accompanied by a fee set by the Town Board. 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.
B.
Number or 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 five 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 five prints of all construction drawings.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 170-24 of these regulations, has been filed with the Secretary of the Planning Board.
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. Within 62 days of the submission of a plat in final form for approval a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing, provided however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 170-6 of this article, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.[1]
F.
Action on proposed subdivision plat.
(1)
The Planning Board shall by resolution conditionally
approve, conditionally approve with or without modification, disapprove, or
grant final approval and authorize the signing of such plat, within 62 days
of its receipt by the Secretary of the Planning Board if no hearing is held,
or in the event a hearing is held, within 62 days after the date of such hearing.
This time may be extended by mutual consent of the subdivider and the Planning
Board. Failure to take action on a final plat within the time prescribed,
therefore, shall be deemed approval of the plat.[2]
(2)
Upon resolution of conditional approval of such final
plat the Planning Board shall empower a duly authorized officer to sign the
plat upon completion of such requirements as may be stated in the resolution.
Within five days of such resolution the plat shall be certified by the Secretary
of the Planning Board as conditionally approved and a copy filed in his/her
office and a certified copy mailed to the subdivider. The copy mailed to the
subdivider shall include a certified statement of such requirements which,
when completed, will authorize the signing of the conditionally approved final
plat. Upon completion of such requirements the plat shall be signed by said
duly authorized office of the Planning Board. Conditional approval of a final
plat shall expire 180 days after the date of the resolution granting such
approval unless the requirements have been certified as completed within that
time. The Planning Board may, however, extend the time within which a conditionally
approved plat may be submitted for signature, if in its opinion such extension
is warranted in the circumstances, for not to exceed two additional periods
of 90 days each.
A.
Improvements and performance bond. 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:
(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 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 bond shall comply with the requirements of § 277 of the
Town Law and, further, shall be satisfactory to the Town Board and Town Attorney
as to form, sufficiency, manner of execution, and surety. A period of one
year (or such other period as the Planning Board may 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 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 Attorney as to form, sufficiency, manner of execution,
and surety.
(3)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such a map is submitted.
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 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 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 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 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. 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 as
long as the subdivider is in default on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements in §§ 170-7 and 170-8 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 duly designated officer of the Planning Board and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 62 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.[1]
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 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.
Public acceptance of street. 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 any 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.
Whereas pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of Chapter 190, Zoning, in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the procedure and standards:
A.
Request by subdivider. A subdivider may request the use of § 278 simultaneously with or subsequent to presentation of the sketch plan as per procedure described in Article III. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plan review.
B.
Sketch plan. A subdivider shall present along with a proposal in accordance with the provisions of § 278, a standard sketch plan which is consistent with all the criteria established by these Subdivision Regulations, including, but not limited to, streets being consistent with the street specifications, and lots being consistent with Chapter 190, Zoning.
C.
Park, recreation, open space or other municipal purposes.
If the application of this procedure results in a plat showing land available
for park, recreation, open space, or other municipal purposes, directly related
to the plat, then conditions as to ownership, use and maintenance of such
lands as are necessary to assure the preservation of such lands for their
intended purposes shall be set forth by the Planning Board.
D.
Plat submission. Upon determination that such sketch
plan is suitable for the procedures under § 278 and subsequent to
the resolution authorizing the Planning Board to proceed, a preliminary plat
meeting all of the requirements of the resolution shall be presented to the
Planning Board and thereafter the Planning Board shall proceed with the required
public hearings and all other requirements of these regulations.
E.
Filing, notation on Zoning Map. On the filing of a plat
in the office of the County Clerk in which § 278 has been used,
the subdivider shall file a copy with the Town Clerk, who shall make appropriate
notations and reference thereto in the Town Zoning Map. The Secretary of the
Planning Board shall notify the Building Inspector when such a plat is filed.
