[Amended 5-14-1974]
A minor subdivision of land is any subdivision of land into at least two but not more than 12 parcels which does not require the construction of a new street or public utility or the expansion or extension of an existing street or public utility. Any subdivision which involves such capital improvement or which includes more than 12 lots shall be considered a major subdivision and shall be subject to the review procedures outlined in Article IV.
This article outlines the review procedures that are required for approval of a minor subdivision. The procedures outlined below must be complied with prior to taking any action to subdivide.
A. 
Prior to the submission of a formal application, the applicant may submit a preapplication data sheet (on a form to be supplied by the town) with preapplication sketch to the Planning Board. The purpose of this form is to allow the subdivider to outline the general nature of his proposal for subdivision so that he can be advised of the proper method of application, the general acceptability of his concept, the consistency (or inconsistency) of his proposal with the Master Plan of the Town or any special consideration which he should make in the development of his final subdivision plat (e.g., accommodating any special soil considerations, handling potential flooding problems, developing open space areas, etc.).
B. 
Within 30 days of the receipt of a preapplication, the Planning Board shall meet to review and discuss the proposed subdivision. The Planning Board shall formally notify the subdivider, diving at least five days' advance notice, of the meeting date at which his proposal will be reviewed and either the subdivider or his agent shall be present to participate in the review.
C. 
Within 30 days after the preapplication review meeting, the Planning Board shall determine whether the preapplication sketch plan meets the purposes of this chapter 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.
[Amended 10-10-1984; 1-9-1985]
A. 
Four copies of all of the elements of the application (see § 88-11B) shall be placed on file with the Town Planning Board office at least 15 days prior to the Planning Board meeting at which it is to be considered, at which time the subdivider or his agent should attend to be heard at that particular meeting. No incomplete applications will be accepted for filing.
[Amended 2-12-1992 by L.L. No. 5-1992]
B. 
Distribution. Upon receipt of completed final plat submission, the Chairman of the Planning Board shall make the following distribution:
(1) 
One copy shall be retained for review by the Planning Board.
(2) 
One copy shall be placed on file with the Town Engineer.
(3) 
One copy shall be placed on file with the Enforcement Officer.
(4) 
One copy shall be placed on file with the Town Board.
A. 
The Planning Board shall review the application as submitted by the subdivider at its next scheduled meeting after the date on which the application was filed with the Town Clerk. The Planning Board will have 45 days from the date the plat was filed with the Town Clerk to hold a public hearing. The public hearing must be advertised at least once in a newspaper of general circulation in the town at least five days before it is held. At least 10 days prior to the date of the public hearing, the subdivider/developer shall serve notice of such hearing on all property owners within a two-hundred-foot radius of any proposed subdivision of the date, time and place of the public hearing by certified mail, return receipt requested, or by personal delivery evidenced by a receipt signed by such property owner.
[Amended 6-10-1987; 2-13-2002 by L.L. No. 1-2002]
B. 
The Planning Board shall render a decision on the subdivision proposal within 45 days after the date of the public hearing or within a period extended by the mutual consent of the subdivider and the Planning Board. Such a decision shall consist of a Planning Board resolution directing the Chairman of the Planning Board to either sign and approve the final plat, indicating any conditions to which approval is subject, or to formally notify the applicant, in writing, of the reason(s) for Planning Board disapproval. Failure of the Planning Board to respond within 45 days or within the mutually agreed to time period shall be considered an approval of the application by the Planning Board.
C. 
If the final plat is approved subject to conditions set forth by the Planning Board, upon satisfaction of these, the final plat must be signed by the Planning Board Chairman before it may be filed. The subdivider shall have 180 days to meet the conditions set forth by the Planning Board for final plat approval and the Planning Board may extend this time for up to 180 additional days.
D. 
The approval of a subdivision plat by the Planning Board, either by a direct statement of approval or by approval due to failure to respond within the specified time, shall expire within 30 days if the subdivider fails to record the approved subdivision with the Otsego County Clerk. No building permits may be issued prior to the time that such a filing is made with the Otsego County Clerk.
The following preapplication requirements, shall apply in a minor subdivision:
A. 
Key map. A key map, or location map, shall show location of the proposed subdivision within the town.
B. 
Preapplication sketch. At least a sketch map of the proposed subdivision and adjoining properties showing the following information shall be submitted:
(1) 
Name and address of subdivision; North arrow; scale.
(2) 
Name of the owner of the subdivision and of all adjoining property owners.
(3) 
The specific boundary of the area to be subdivided.
(4) 
Zoning district boundaries, if applicable, and surrounding land use.
(5) 
Topographic contours (United States Coast and Geodetic Survey maps will be acceptable).
(6) 
Existing drainage features (e.g., ponds, rivers, streams, marshes, culverts).
(7) 
Map of soils interpretation of existing soils, indicating type, percolation, soil bearing and depth to groundwater.
(8) 
Present site conditions (e.g., easements, existing utilities, structures, trees, streets and street names).
(9) 
Present and proposed utilities.
(a) 
Means of sewage disposal.
(b) 
Method of supplying water.
(c) 
Means of handling storm drainage.
(10) 
Existing platting if a resubdivision.
(11) 
Proposed lot layout.
(12) 
Any proposed right-of-way for access to other land through the subdivided property.
The following final plat requirements shall apply in a minor subdivision:
A. 
Key map. A key map drawn to the following scale and containing the following information shall be provided:
(1) 
Scale: one inch equals 1,000 feet.
(2) 
Information required for the proposed subdivision and areas extending 200 feet beyond the subdivision.
(a) 
Relationship of the proposed subdivision to the primary and secondary highway system and main intersections.
(b) 
Boundary lines: building zone districts, special districts and municipal areas.
(c) 
"Match lines" as needed when there are two or more drawings to show the complete subdivision.
(d) 
Boundary data: the proposed subdivision area shall be shaded.
(e) 
Boundaries of adjacent properties and property owners' names. Adjacent properties which are a part of a recorded subdivision plat may be identified by the subdivision name.
B. 
Preparation of final plat. The final plat shall be prepared by a land surveyor licensed by New York State and shall provide all information required.
C. 
Standard for drawing sheet. The following standards shall be observed:
(1) 
Scale, not less than one inch equals 100 feet.
(2) 
Sheet size shall be acceptable to the County Clerk's office, with a maximum size of 30 inches by 42 inches, and sufficient to convey all necessary information. Any proposal requiring a larger space shall be prepared on two or more sheets.
[Amended 2-12-1992 by L.L. No. 5-1992]
(3) 
If the case should warrant more than one sheet, a clearly drawn "match line" shall be placed on both sheets.
D. 
Title block. The title block shall contain the following information:
(1) 
Name of subdivision.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(2), Post office address of subdivision, was repealed 2-12-1992 by L.L. No. 5-1992.
(3) 
Name and address of subdivider.
(4) 
Name and address of owner.
(5) 
Name, address, license number and seal of the land surveyor who prepared the drawing.
(6) 
Date of original submission and for each subsequent submission.
(7) 
True or magnetic North and date taken.
E. 
Existing site conditions including the following information shall be provided:
(1) 
Street right-of-way.
(a) 
Name.
(b) 
Location and width.
(2) 
Other rights-of-way and easements.
(a) 
Identification.
(b) 
Location and width.
(c) 
Restrictions of use, if any.
(3) 
Drainage structures.
(a) 
Type of structure.
(b) 
Location, invert elevations, gradients and sizes of all structures where applicable.
(4) 
Other utility structures such as water, sewer, gas mains and power lines (if not on or adjacent to site, indicate direction and approximate distance and size of nearest ones, showing invert elevation of sewers or culverts).
(5) 
Marshes, ponds, rivers, streams or similar conditions, including location and area covered, indicating high-water level.
(6) 
Test hole data as required by the appropriate municipal or state agency.
(a) 
Date of testing and location of test holes on site.
(b) 
Graphic representation of findings for all test holes.
(c) 
The Planning Board shall have the authority to require more test holes to be dug and to specify the location of such new holes if it deems it necessary.
(7) 
Municipal or other public lands, land designated as parks, open spaces or for some other public or community use.
(8) 
Buildings and other structures on the subdivision which are to remain.
F. 
Proposed site conditions must conform to the Town Zoning Ordinance and shall show the following:
(1) 
Streets.
(a) 
Any right-of-way for future access to other lands through the subdivided property.
(2) 
Lot layout.
(a) 
Dimensions and area of lots to nearest foot.
(b) 
Easements and restricted areas with notation as to purpose.
(c) 
Identification of lots or parcels for special use, whether they are to be offered for dedication or not.
(3) 
Utilities.
(a) 
Location of proposed on-site water system or connection to existing system.
(b) 
Location of proposed on-site sanitary disposal system, showing treatment area, connection points and line size or connection to existing system.
(c) 
Location and size of stormwater improvements to be constructed, if any.
(d) 
Evidence that the proposed methods for water supply and sanitary sewage disposal have been reviewed and approved by the New York State Health Department and the New York State Department of Environmental Conservation, as required.*
G. 
Additional information. The following additional information shall be required:
(1) 
Survey data.
(a) 
Accurate traverse of subdivision boundaries with true angles and distances.
(b) 
Municipal, town, county and special district boundaries referenced to the subdivision survey by true angles and distances.
(c) 
Accurate dimensions to nearest hundredth of foot.
(2) 
Letters in appropriate cases directed to the Chairman of the Planning Board, signed by a responsible official of the State Department of Transportation or County Public Works Department, approving proposed construction on state or county rights-of-way and indicating that the necessary permits have been issued by their office, or submit a copy of permit.
(3) 
Such other certificates, affidavits, endorsements or agreements as may be required by the Planning Board in the enforcement of these regulations.
* NOTE: Submission requirements [§§ 88-12F(3)(d) and 88-14A(2)] may be waived by the Planning Board prior to final plat approval, said requirements in such event to be required to be a condition of approval pursuant to § 88-10. The Planning Board may decide that, where the original parcel exceeds five acres, only the acreage relevant to the subdivision need be surveyed.
[Amended 2-12-1992 by L.L. No. 5-1992]