Town of Wawarsing, NY Application Procedure

If, prior to the above steps, an applicant or his or her representative requests an informal subdivision discussion with the Planning Board, such request shall be accompanied by an informal discussion fee in the amount established by the Town Board in its Schedule of Fees.

During the procedure of subdivision review in the above three steps, the construction of new roads or common driveways should not be started, nor should any activities, except those directly related to obtaining any required approvals (e.g., surveying and the location of stakes), be undertaken that would disturb, remove or relocate any existing features, including but not limited to stone walls, trees, steep slopes, rock outcroppings or general vegetation.

The procedure for subdivision review and approval shall run concurrently with the State Environmental Quality Review Act process. The Planning Board shall have the discretion to make adjustments to the time periods specified in this article in order to provide reasonable time for the preparation, review and public hearings with respect to any required draft environmental impact statement. The Planning Board shall carry out the terms and requirements of 6 New York Code of Rules and Regulations Part 617 implementing the State Environmental Quality Review Act with minimum procedural delay, shall avoid unnecessary duplication of reporting and review requirements by providing, where feasible, for combined or consolidated proceedings and shall expedite all proceedings under the State Environmental Quality Review Act in the interest of prompt review.

Procedure for land exchanges or transfers. Where an applicant proposes an exchange or transfer of land with an adjoining property, the Planning Board may waive public hearing on such proposal where the following conditions are met:

The area of the proposed land exchange or transfer does not exceed 10% of the minimum required lot area of the zoning district in which the affected lands are located.

No additional lots will be created.

Such exchange or transfer of lands does not preclude the proper future development, subdivision or resubdivision of the affected properties.

Such exchange or transfer of lands shall not create any nonconformity with the terms and regulations of the Wawarsing Zoning Ordinance.[1]

Editor's Note: See Ch. 112, Zoning.

The applicant(s) has prepared and submitted a final plat in accordance with § 95-15 herein, for the signature of the Planning Board Chairman.

The applicant(s) has paid a fee as required in the fee schedule established by the Town Board.

§ 95-13 Sketch plat review (Step 1).

Familiarization. Before preparing the preliminary plat (Step 2), the applicant should become familiar with the regulations, standards and requirements contained in these Land Subdivision Regulations, the Zoning Ordinance,[1] the New York State Environmental Quality Review Law,[2] the fee schedule established by the Town Board as well as with any other applicable Town, County, state and federal requirements.

Editor's Note: See Ch. 112, Zoning.

[2]

Editor's Note: See New York State Environmental Conservation Law, Art. 8.

Documentation. Maps showing the property boundaries, general topographic information, approximate location of wetlands, and the proposed lot arrangement and locations of new streets, must be submitted but need not be in final form. All surveys shall bear the signature and seal of a licensed professional engineer or land surveyor. An environmental assessment form must be brought to the same conferences to be reviewed by the Planning Board.

Town Engineer, Planning Consultant and Highway Superintendent. Prior to formally submitting the application for preliminary subdivision approval, the applicant, or his or her duly authorized representative, should request the Town Building Inspector to contact the Highway Superintendent, the Town Engineer and/or the Town Planning Consultant on the applicant's behalf to discuss the proposed subdivision layout and its potential environmental impacts.

County Health Department and New York State Department of Environmental Conservation. The sketch plat should also be discussed with the Ulster County Health Department and the New York State Department of Environmental Conservation, which agencies must eventually approve any final subdivision plat. Particular attention should be paid to the area, grade and type of soil of proposed building sites, and the proper amount of land area for on-site water supply and sewage disposal facilities.

Soil and Water Conservation District. The Planning Board or the Building Inspector may also refer a sketch plat to the Ulster County Soil and Water Conservation District, if any, for review and comments regarding soil types, stormwater drainage, resource conservation and suggested erosion control practices.

Conservation Board. Where parcels are 10 acres in area or greater or where such parcels are designated on the Town's open space inventory map, if any, or where activities are shown occurring in or adjacent to any controlled areas as defined in the Town's wetland and/or drainage laws, if any, the Planning Board may refer a sketch plat to the Conservation Board for its review and comment.

Initial Planning Board meeting. Prior to formally submitting the application for preliminary plan review to the Planning Board, the applicant, or his or her duly authorized representative, shall meet with the Planning Board to discuss the proposed subdivision layout and its potential adverse environmental impacts, if any.

Field trip. After the initial conference, the Planning Board may schedule a field trip to the proposed subdivision site. Prior to this field trip, the Planning Board may require that the center line of any proposed road, common driveways, and specific lot locations be staked as specified in § 95-14B. At the request of the Planning Board, the applicant, or his or her duly authorized representative, shall attend the field trip.

Application and review fee. The applicant, or his or her authorized agent, shall submit the sketch plat application fee and shall also submit a New York State Environmental Quality Review (SEQR) review fee, in an amount as estimated by the Planning Board, for technical and environmental review of the proposed subdivision as outlined in the fee schedule as established by the Town Board.

Planning Board recommendations. The Planning Board shall advise the applicant, or his or her duly authorized representative, of the suggested additions and modifications, if any, which should be made before applying for preliminary subdivision approval (Step 2).

§ 95-14 Preliminary plat (Step 2).

Application procedure. The applicant shall file an application for approval of a preliminary plat layout. The application shall:

Be made on forms available at the office of the Planning Board Secretary or the Building Department.

Include all land which the applicant proposes to subdivide.

Show the relation of the proposed subdivision to all contiguous land of the applicant, including a generalized proposed layout for future subdivision of any such land.

Be accompanied by 10 copies of an environmental assessment form.

Be accompanied by 10 copies of the preliminary layout, as described in Appendixes A1 and A2.[1]

Editor's Note: Appendixes A1 and A2 are included at the end of this chapter.

Comply in all respects with Article IV of this chapter and with the provisions of §§ 276 and 277 of the Town Law, except where a modification may be specifically authorized by the Planning Board.

(7)

Be presented to the Secretary of the Planning Board at least 14 days (excluding Saturdays, Sundays and holidays) immediately preceding a public meeting of said Board.

(8)

Be accompanied by the payment of a preliminary plat application fee as required in the fee schedule as established by the Town Board.

(9)

Include proof that the applicant is the owner or contract vendee of the premises affected in the application, on the appropriate affidavit forms prescribed by the Planning Board and accompanied by a report of title issued by a title company licensed in the State of New York.

(10)

Where the applicant intends to request the Planning Board, or the Planning Board determines on its own volition, to modify the applicable provisions of the Zoning Ordinance[2] simultaneously with the approval of a plat pursuant to § 281 of the Town Law, the applicant must also submit 10 copies of the following additional information as required by § 281(a) through 281(e) of the Town Law:

(a)

A written request for modification of the zoning regulations.

(b)

A standard subdivision map showing the permitted number of dwelling units which could be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Ordinance applicable to the district or districts in which such land is situated and conforming to all other applicable requirements.

(c)

A description of the types of dwelling units to be provided in the proposed subdivision.

(d)

The proposed ownership, use and maintenance of any lands available for park, recreation, open space or other municipal purposes.

(e)

The proposed site plan, including areas within which structures may be located, the height and spacing of buildings, open space, landscaping, off-street open and enclosed parking spaces, streets, driveways and all other man-made and physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of any such modification, change or supplementation of existing zoning provisions as are not shown on said site plan. For subdivisions or site plans showing no minimum required lot area proposed, the applicant shall also submit floor plans for each dwelling unit design.

[2]

Editor's Note: See Ch. 112, Zoning.

Proposed roads, lots and wetlands to be staked. To permit inspection and checking of a proposed subdivision by the Planning Board and its representatives, the applicant shall stake out the subdivision as follows:

Along the center line of each proposed road at intervals of not more than 100 feet and at each point of beginning and ending of each curve. Each stake shall be identified by station marking to conform to the plans as presented and shall be so placed as to extend at least 30 inches above the ground surface. Inasmuch as these stakes are not permanent, a tolerance of up to one foot from the exact horizontal position will be allowed.

The Planning Board may require that a stake be placed along the road frontage of each lot, at the intersection of the side lot line and the road right-of-way line, marked with the identifying numbers of the lots on each side, as shown on the preliminary layout.

A stake shall be placed at the intersection of the center line of each proposed driveway and any proposed or existing road. The center line of common driveways shall be staked in the same manner as that required for roads.

The location of all controlled areas as may be defined in any Wawarsing Town Wetlands and Drainage Law, if any, and of any state-designated wetlands as defined in Article 24 of the Environmental Conservation Law shall be clearly delineated in the field through the use of stakes and/or flags. Stakes and/or flags shall be placed at a height of not less than 30 inches above the ground and located in such a manner that the boundaries of the controlled areas and wetlands may be clearly distinguished.

When the digging of test holes or pits is required for any reason whatsoever, such holes or pits shall be excavated the minimum time necessary prior to inspection by the appropriate agency or its designated representative and shall be completely filled in within two working days following the date of such inspection. During the entire period of time that such test holes are open, they shall be completely enclosed for safety purposes by sturdy fence (such as typical "snow fence") at least four feet in height.

All stakes referred to in this section shall be in position at the time application is made to the Planning Board for approval of the preliminary layout.

(7)

All stakes removed or destroyed prior to the approval of the subdivision plat shall be replaced by the applicant if required by the Planning Board or its authorized representatives.

Receipt. When the Town Engineer reports in writing that all of the requirements of Subsections A and B have been met and the Planning Board concurs, said Board shall declare the preliminary application complete and shall officially receive it at the Board's next regular meeting.

Applicant to attend Planning Board meeting. The applicant, or his duly authorized agent, should then be prepared to and shall attend the next regular meeting of the Planning Board, upon which agenda he (she) has been placed, to discuss the preliminary layout.

Study of layout. The Planning Board will study the practicability of the preliminary layout, taking into consideration the requirements of the community and this chapter, and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of roads, their relation to the topography of the land, adequacy of water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands within subdivisions or as yet to be subdivided, natural, historical and archaeological resources, and the requirements of the Town Development Plan and the Zoning Ordinance.[3]

[3]

Editor's Note: See Ch. 112, Zoning.

Public hearing. Within 45 days after the receipt of a properly completed application for approval of a preliminary plat, including all required accompanying material, the Planning Board shall advertise and hold a public hearing on the proposed preliminary plat, pursuant to § 276 of the Town Law and § 95-14G of the Regulations. Any public hearing to be held on a draft environmental impact statement for the proposed subdivision shall, if possible, be held concurrently. Such hearing(s) shall be attended by the applicant or his duly authorized agent.

Public hearing notice.

Notice of the public hearing shall be advertised at least once in the official Town newspaper(s) at least five days before such hearing, and all property owners of record within a distance of 500 feet from the boundary of the property proposed to be subdivided shall be mailed copies of such notice. The Planning Board Secretary shall be responsible for publication in official Town newspaper(s), and shall mail to all other required recipients a copy of the public hearing notice.

If the application includes a draft environmental impact statement, then the applicant shall be required to mail said document to all required recipients by registered or certified mail, return receipt requested. All such return receipts shall be presented to the office of the Planning Board along with a separate typewritten list of all required recipients prior to the date of the public hearing. The notice of public hearing shall bear the signed approval of the Planning Board Secretary and shall be maintained as part of the Town's records of the proposed subdivision.

Review by the Ulster County Planning Board. The Planning Board shall refer the preliminary plat application and map to the Ulster County Planning Board for its recommendation on the subject subdivision application pursuant to §§ 239-1, 239-m and 239-n of the General Municipal Law.

Review by adjacent municipalities. If the land to be subdivided is within 500 feet of any abutting municipality in the County, a notice of the public hearing shall be mailed to both the Ulster County Planning Board and the Town or Village Clerk of such abutting municipality at least 10 days prior to the date of the hearing.

Planning Board action.

Within 45 days after the close of such hearing, the Planning Board shall approve, conditionally approve, or disapprove, such preliminary plat. The time in which the Planning Board must take action may be extended by mutual consent of the applicant and the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing the conditions and modifications, if any, as it deems necessary for submission of the plat in final form.

The Planning Board Secretary shall mail the resolution approving, approving with modifications or disapproving the preliminary plat and shall mail a certified copy of said resolution to the applicant within five days of its endorsement by an officer of the Planning Board.

Expiration of approval. Approval of a preliminary plat shall be revoked six months from the date of approval if no application for final approval is submitted within such period, except where such time limit is extended by the Planning Board upon the written request of the applicant.

§ 95-15 Final plat (Step 3).

Within six months of the date of approval of the preliminary plat, application shall be made for final plat approval, unless the Planning Board has granted an extension of the time permitted for such application.

Application. The application shall:

Be made on forms available at the office of the Planning Board Secretary or the Building Department, which shall be completed in accordance with all instructions appearing thereon.

Include the entire subdivision, or a section thereof, which derives access from a street improved to Town road standards, or for which street a bond covering such improvements is held by the Town, all in accordance with the requirements of Town Law § 280-a.

Be accompanied by 10 copies of the subdivision plat and the construction plans for roads and other local improvements, as described in Appendixes A3 and A4 of this chapter.[1]

Editor's Note: Appendixes A3 and A4 are included at the end of this chapter.

Comply in all respects with the preliminary plat and construction plans as approved.

Be accompanied by a detailed quantity cost estimate for all land improvements proposed in said subdivision with the quantities certified to by the applicant's engineer. This quantity cost estimate shall be filed with the Town Engineer at least one week prior to the next scheduled meeting of the Board.

Be accompanied by proof of ownership of the land to be subdivided by the applicant of the premises covered by the application and by the owner's signature on the application.

(7)

Include a formal offer of cession to the public of all streets, parks, easements or recreation areas, as set forth in substance in § 278 of the Town Law, unless the applicant has noted on the plat that no offer of dedication is to be made, in which case the application shall include documents providing for, and fixing responsibility for, their suitable perpetual maintenance, planning and general service and repair.

(8)

Include proof of application to the State Department of Transportation or the County Department of Public Works, as appropriate, for approval of the location, design and proposed construction of any intersection of a proposed road in the subdivision with a state or County highway, including drainage from the proposed subdivision onto the state or County highway.

(9)

Be accompanied by formal offers of easement to the Town, in a form satisfactory to the Town Attorney, for all intersection sight areas, drainage and other possible considerations as called for by §§ 95-24 and 95-26, respectively, of this chapter.

(10)

Be accompanied by a fee as required by the fee schedule as established by the Town Board.

(11)

If the subdivision contains a proposed new street or streets, include evidence that the applicant has obtained the Town Board approval of the proposed name(s) of street(s). Such proposed name(s) shall conform to the standards and classifications of § 95-23G of this chapter.

(12)

Be presented to the Secretary of the Planning Board one week before the next scheduled meeting of the Board.

Receipt. When the Town Building Inspector reports in writing that all the requirements of Subsection A have been met and the Planning Board concurs, the Planning Board shall declare the application complete and shall officially receive it.

Public hearing. Within 45 days of the receipt of a properly completed application for final subdivision plat approval, including all required accompanying materials, the Planning Board shall advertise and hold a public hearing on the proposed subdivision, pursuant to § 276 of the Town Law, which hearing, if held, shall be attended by the applicant or his duly authorized agent.

Waiver of public hearing. When the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under the provisions of this chapter or modified in accordance with the requirements of such approval if applicable, the Planning Board may waive the requirement for such a public hearing.

Public hearing notice. Notice of the public hearing shall be advertised at least once in the official Town newspaper(s) at least five days before such hearing, and all property owners of record within a distance of 500 feet from the boundary of the property proposed to be subdivided shall be mailed copies of such notice.

If the proposed subdivision involves a new street connecting directly into any state or County highway, parkway, thruway or road, or involves drainage lines connecting directly into any County drainage lines or other County easements or land holdings, a notice of the public hearing shall be mailed to the County Planning Board at least 10 days prior to the date of the hearing. If the land to be subdivided is within 500 feet of any abutting municipality, a notice of the public hearing shall also be mailed to the Clerk of such abutting municipality at least 10 days prior to the date of the hearing.

The applicant shall be responsible for the publication of notice in the official Town newspaper(s), and shall mail to all other required recipients a copy of the public hearing notice by registered or certified mail, return receipt requested. All such return receipts shall be returned to the office of the Planning Board, which shall also receive from the applicant a separate typewritten list of all such required recipients, at least 12 days prior to the date of the public hearing. The notice of public hearing shall bear the signed approval of the Town Planning Board shall be maintained as part of Town records of the proposed subdivision. Following approval of the public hearing notice text, the Town Planning Board shall be responsible for publication in the official Town newspaper(s).