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.
(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.
[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]
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]
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.