Whenever any subdivision of land is proposed to be made and before any contracts for the sale or any offer to sell such subdivision or any part thereof is made, and before any permit for erection of a structure in such proposed subdivision shall be granted, the subdivider, or his or her authorized agent, shall apply for approval of such proposed subdivision in accordance with the following procedure:
A. 
Major subdivision. For a major subdivision:
(1) 
Preapplication meeting with Planning Board.
(2) 
Sketch plan showing general concept and evidence that the proposed plan is both consistent and compatible with the goals of the current Town Comprehensive Plan.
[Amended 8-13-2002 by L.L. No. 1-2002]
(3) 
Preliminary plat showing proposal in detail.
(4) 
Preliminary public hearing.
(5) 
Review by Town and non-Town agencies.
(6) 
Plat or finalized proposal.
(7) 
Public hearing.
(8) 
Planning Board approval by resolution.
(9) 
Completion of improvements or posting of bond, certified checks or suitable alternative surety.
(10) 
Signing of plat by Planning Board.
(11) 
Filing of plat in County Clerk's office.
B. 
Minor subdivision. For a minor subdivision, the same steps shall be followed as for a major subdivision, with the exception that steps A(3) and (4) may be omitted.
C. 
Lot line revision. In the case of a lot line revision between two adjoining parcels, the Planning Board may waive any of the above requirements, but in no case shall approval be granted for a lot line revision which will result in the creation of a nonconforming lot under the provisions of Chapter 220, Zoning, of this Municipal Code.
Before preparing a detailed proposal, the subdivider should make an appointment at a regular meeting of the Planning Board to familiarize himself or herself with the requirements of these and other regulations, the policies and plans of the Planning Board, and other information that may be pertinent to the subdivision. He or she should also discuss his or her proposal with the County Health Department which is responsible for the adequacy of lot sizes and facilities for water supply and sewage disposal. Under certain conditions, the subdivider may also need the approval of the state or county highway agencies, the Ulster County Planning Board, and others; therefore the proposed subdivision should be discussed in advance with those agencies.
Sketch plan procedure.
A. 
Prior to filing a preliminary plat, the subdivider, or his or her duly authorized representative, shall submit a sketch plan showing the basic proposed layout and other information required in Article V of these regulations. At least two copies of the sketch plan shall be delivered to the Chairman or other authorized official of the Planning Board. After submission of the sketch plan, the Planning Board shall schedule a field trip to the site to be accompanied by the subdivider. To facilitate the inspection of the site, the subdivider shall have the center line of any proposed streets marked by temporary stakes. After review of the sketch plan and field inspection, and within 45 days of the official date of submission of the sketch plan, the Planning Board shall tentatively approve the sketch plan or recommend modifications in writing.
B. 
The Planning Board may request a technical review and analysis of the proposed sketch plan of its Planning Consultant and/or Town Engineer or other authorized persons. The applicant shall reimburse the Town for the professional fees required in accordance with said review(s). The same procedure shall apply in the case of the preliminary plat, § 188-13, and the subdivision plat, § 188-14.
C. 
If a conservation analysis is required to be submitted pursuant to § 188-24, the Planning Board shall make conservation findings as provided in § 220-12A(8) of the Zoning Law based upon the conservation analysis.
[Added 1-10-2006 by L.L. No. 1-2006]
(1) 
If the conservation findings show that a proposed conventional subdivision would have more impact on the conservation values and ecological resources of the land than an open space development, the Planning Board shall deny tentative approval to the conventional subdivision sketch plan and require the applicant to submit an open space development sketch plan consistent with its conservation findings, as provided in § 220-12 of the Zoning Law.
(2) 
If an applicant submits a sketch plan for an open space development, and the Planning Board determines based upon the conservation findings that a conventional subdivision would have less impact on the conservation values and ecological resources of the land than an open space development, the Planning Board may deny tentative approval of the open space development sketch plan and require the applicant to submit a conventional subdivision sketch plan based upon its conservation findings.
D. 
To the extent that this § 188-12 may be inconsistent with Town Law § 276, the Town Board hereby declares its intention to supersede § 276 pursuant to § 10 of the Municipal Home Rule Law.
[Added 1-10-2006 by L.L. No. 1-2006]
A. 
Procedure. A preliminary plat shall then be prepared and submitted showing in detail how the subdivision is to be designed, the details of construction, any proposed covenants, and other items required in Article V. The approval procedure shall be as follows:
[Amended 8-12-2003 by L.L. No. 3-2003]
(1) 
Submission of preliminary plats. All plats shall be submitted to the Planning Board for approval in final form; provided, however, that where the Planning Board has been authorized to approve preliminary plats, the owner may submit or the Planning Board may require that the owner submit a preliminary plat for consideration. Such a preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in this chapter.
(2) 
Coordination with the State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
(3) 
Receipt of a complete preliminary plat. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
(4) 
Planning Board as lead agency under the State Environmental Quality Review Act; public hearing; notice; decision.
(a) 
Public hearing on preliminary plats. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:
[1] 
If such Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall be held within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board; or
[2] 
If such Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion.
(b) 
Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. 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. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
(c) 
Decision. The Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:
[1] 
If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, such Board shall make its decision within 62 days after the close of the public hearing; or
[2] 
If the Planning Board determines that an environmental impact statement is required, and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the preliminary plat. Within 30 days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary plat.
(d) 
Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.
(5) 
Planning Board not as lead agency under the State Environmental Quality Review Act; public hearing; notice; decision.
(a) 
Public hearing on preliminary plats. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board.
(b) 
Public hearing; notice, length. The hearing on the preliminary plat shall be noticed in accordance with Chapter 160 if held independently of the hearing on the draft environmental impact statement, or on 14 days’ notice before a hearing held jointly therewith. 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. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[Amended 5-10-2005 by L.L. No. 7-2005]
(c) 
Decision. The Planning Board shall by resolution approve with or without modification or disapprove the preliminary plat as follows:
[1] 
If the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the preliminary plat.
[2] 
If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the preliminary plat within 62 days after the close of the public hearing on such preliminary plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer.
(d) 
Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.
(6) 
Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Clerk of the Planning Board as having been granted preliminary approval and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.
(7) 
Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution stating the decision of the Board on the preliminary plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.
(8) 
Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.
B. 
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; the relation to the topography of the land; water supply, sewage disposal, and drainage; lot sizes, shape and arrangement; the future development of adjoining lands as yet unsubdivided; and the requirements of the Town Plan, the Official Map, and Zoning Law,[1] if such exist, and other matters enumerated in § 277 of the Town Law. The Planning Board shall state in its approval specific changes necessary and the character and extent of improvements or waivers of improvements. Approval of the preliminary plat shall not constitute approval of the final plat nor of the acceptability of the required improvements.
[1]
Editor's Note: See Ch. 220, Zoning.
C. 
Applicant to attend Planning Board meeting. The subdivider shall be prepared to attend a regular meeting of the Planning Board to discuss the preliminary plat and the Board's tentative conclusions.
D. 
Approval of preliminary plat. Approval shall be noted on two copies of the preliminary plat referenced and attached to any statement of modifications. One copy shall be returned to the applicant and one copy shall be retained by the Planning Board.
E. 
Construction of improvements. Upon application and after approval by the Planning Board, a subdivider may construct, at his/her own risk, those drainage system improvements and road subgrade appurtenances and foundation courses as shown on the approved preliminary plat. No paving or wearing courses shall be applied. In the event conditional preliminary plat approval is granted, the amended improvement plans shall be submitted together with the written request to initiate construction. Evidence of approval of the Town Board shall be submitted as required by Chapter 184, Streets and Sidewalks, § 184-12B, and all work shall be subject to an inspection fee and inspection in accordance with § 188-15C. Prior to construction, the subdivider shall submit an executed agreement saving the Town harmless for any modifications or changes required to the final plat and improvement plan resulting from review procedures following preliminary plat approval. The foregoing procedure shall be applicable only to actions for which SEQR processing is complete and appropriate and appropriate DEC permits have been filed with the Planning Board.
[Added 12-12-1989 by L.L. No. 1-1989]
[Amended 8-12-2003 by L.L. No. 3-2003]
A. 
Filing of final plat; time limit. Within six months after the conditional approval of the preliminary plat, the subdivider shall file the plat in final form with the Planning Board, accompanied by required fees and information required in Article V. If the plat and required accompanying materials are not submitted within six months after approval of the preliminary plat, the submission shall lapse and be void unless by resolution of the Planning Board such approval is extended.
B. 
Agency review. Where review of subdivisions is required by other agencies such as the County Health Department, the State Department of Environmental Conservation, County and State Highway Departments, and the County Planning Board, tentative written recommendations of these agencies subject to modification due to local conditions which may be brought forth at the public hearing shall be filed by the subdivider with the Planning Board prior to the public hearing.
C. 
Planning Board action.
(1) 
Final plats shall conform to the definition provided by this chapter.
(2) 
Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this section, the Planning Board shall by resolution 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 Clerk of the Planning Board.
(3) 
Final plats when no preliminary plat is required to be submitted; receipt of complete final plat. When no preliminary plat is required to be submitted, a final plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of such plat shall begin upon filing of such negative declaration or such notice of completion.
(4) 
Final plats; not in substantial agreement with approved preliminary plats, or when no preliminary plat is required to be submitted. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this chapter, or when no preliminary plat is required to be submitted and a final plat clearly marked "final plat" is submitted conforming to the definition provided by this chapter, the following shall apply:
(a) 
Planning Board as lead agency; public hearing; notice; decision.
[1] 
Public hearing on final plats. The time within which the Planning Board shall hold a public hearing on such final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:
[a] 
If such Board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat, or on a final plat when no preliminary plat is required to be submitted, shall be held within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board; or
[b] 
If such Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days following filing of the notice of completion.
[2] 
Public hearing; notice, length. The hearing on the final plat shall be noticed in accordance with Chapter 160 if no hearing is held on the draft environmental impact statement, or on 14 days’ notice before a hearing held jointly therewith. 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 final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[Amended 5-10-2005 by L.L. No. 7-2005]
[3] 
Decision. The Planning Board shall make its decision on the final plat as follows:
[a] 
If such Board determines that the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat, within 62 days after the date of the public hearing; or
[b] 
If such Board determines that an environmental impact statement is required, and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on such final environmental impact statement and shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat.
[4] 
Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
(b) 
Planning Board not as lead agency; public hearing; notice; decision.
[1] 
Public hearing. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the final plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the final plat within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board.
[2] 
Public hearing; notice, length. The hearing on the final plat shall noticed in accordance with Chapter 160 if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. 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 final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[Amended 5-10-2005 by L.L. No. 7-2005]
[3] 
Decision. The Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat as follows:
[a] 
If the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the final plat.
[b] 
If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the final plat within 62 days after the close of the public hearing on such final plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
(5) 
Plats conditionally approved shall not be signed by the authorized officers of the Planning Board until the subdivider has complied with all conditions or modifications of approval. Conditional approval of a final plat shall expire within 360 days after the date of the resolution granting conditional approval unless further extended pursuant to § 188-14D below.
[Amended 4-4-2006 by L.L. No. 7-2006[1]]
[1]
Editor's Note: This local law also provided that its intent was to supersede New York Town Law § 276-7(c).
D. 
Conditional approval. In the event that requirement of § 188-15 of these regulations or other conditions set forth by the Planning Board are not complete at the time of submission of the final plat, the Planning Board may conditionally approve the final plat. The owner shall have 360 days to meet the conditions. The Planning Board, for good cause shown, may extend this time for up to 180 additional days, and for good cause shown, may further extend this time for an additional 180 days. Upon satisfaction of these conditions, the plat shall be signed by an authorized officer of the Planning Board.
[Amended 4-4-2006 by L.L. No. 7-2006[2]]
[2]
Editor's Note: This local law also provided that its intent was to supersede New York Town Law § 276-7(c).
E. 
Filing of the approved final plat. An approved plat shall be filed by the subdivider in the Office of the Clerk of Ulster County within 62 days from the approval date. Failure to file the signed approved plat within the required time shall render the approval void.
F. 
Division of subdivision plat into two or more sections. The Planning Board may permit the plat to be divided into two or more sections, subject to such conditions as it deems necessary to assure the orderly development of the subdivision. Any section shall encompass at least 10% of the total number of lots shown on the plat. If a subdivision is subdivided into several sections, the performance bond or other surety as specified in Subsection A of § 188-15 shall be limited to those improvements required to service the proposed section for which final approval is requested.
A. 
Improvements or performance bond. Before the Planning Board Chairman or other authorized person may sign the plat, the subdivider shall either post a bond or certified check, bank passbook, or other surety satisfactory to the Planning Board, in an amount sufficient to construct required improvements, or shall complete the required improvements to the satisfaction of the Town Engineer or other authorized person.
(1) 
When bond or certified check is posted. The subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements as determined by the Planning Board, 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 shall be satisfactory to the Town Board and 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, but not to exceed three years, shall be set forth in the bond within which the required improvements shall be completed.
(2) 
When no bond is posted. When no bond, certified check, bank passbook, or other surety satisfactory to the Planning Board is posted, 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 Planning Board.
(3) 
As-built drawings necessary. 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 actual location of all required improvements and monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2) above, 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, bank passbook, or other surety satisfactory to the Planning Board for all required improvements as specified in Subsection A(2) above, such surety shall not be released until such 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 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 Planning 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 and fee. At least 10 days prior to commencing construction of required improvements, the subdivider shall pay to the Town Clerk an inspection fee of 1.5% of the cost of required improvements and shall notify the Planning Board in writing of the time when he or she proposes to commence construction of such improvements so that the Planning 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 utilities required by the Planning Board.
D. 
Proper installation of improvements.
(1) 
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 or she shall so report to the Planning Board. The Planning 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.
(2) 
Culvert dimensions on all watercourses must be approved by the Planning Board and watercourses may not be dammed or diverted without permission from the Planning Board.
A. 
Signing and filing. Upon completion of the requirements of §§ 188-14 and 188-15, the plat shall be signed by the Chairman of the Planning Board and Secretary as directed by resolution of the Planning Board at a public meeting. In the absence of the Chairman, the Vice Chairman may sign.
[Amended 8-12-2003 by L.L. No. 3-2003]
B. 
Plat void if revised after approval. No changes, erasures, modifications, or revisions shall be made in any 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 plat is recorded without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
A. 
Offers of cession. In accordance with § 279 of the Town Law, the subdivider may add a notation on the plat that no offer of streets, parks or easements shown on the plat is made to the public. Failure to make such notation will constitute a continuing offer of cession to the Town which may be accepted by the Town Board at any time prior to revocation of said offer by the owner of the land or his or her agent. Formal offers of cession to the public of all streets, parks, and easements, not marked with such notation on the plat, shall be filed with the Planning Board prior to approval of the plat.
B. 
Acceptance by Town.
(1) 
Acceptance of any such offer of cession shall rest with the Town Board. In the event the applicant shall elect not to file the subdivision plat in the Office of the County Clerk, such offer of cession shall be deemed to be void.
(2) 
The approval by the Planning Board of a plat shall not be deemed to constitute or imply the acceptance by the Town Board of any street, park, easement, or open space shown on said plat. The Planning Board may require said plat to be endorsed with an appropriate note to this effect.
C. 
Maintenance of roads. In those cases where no offer of cession to the public is made for the roads, parks and required easements shown on the plat, there shall be submitted with the plat, copies of agreements or other documents providing for, and fixing responsibility for liability, their suitable maintenance, and statements of all rights which exist with respect to the use of such property or properties. Such documents shall be reviewed by the Town Attorney for legal adequacy and competency.