Town of Kingsbury, NY
Washington County
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Table of Contents
Table of Contents

§ 240-3 Written application required.

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.

§ 240-4 Submission of sketch plan.

A. 
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Code Enforcement Officer, at least 21 days prior to the regular meeting of the Board, 10 copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article IV, § 240-19, for the purposes of classification and preliminary discussion.
[Amended 3-13-2000 by L.L. No. 3-2000]
B. 
Discussion of requirements and classification. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of this part for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information. 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 this part. 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 procedure outlined in Article II, § 240-5, of this part. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article II, §§ 240-6, 240-7 and 240-8.
C. 
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of this part 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.
D. 
Accelerated procedure for minor subdivision. The subdivider may elect to submit his complete application prior to the Planning Board's sketch plan meeting, in conformance with § 240-5 of Article II and § 240-20 of Article IV. If the subdivision is classified as minor, and the application submission is complete, the Planning Board shall schedule a public hearing within 30 days of the sketch plan meeting, if the Planning Board deems a public hearing necessary. If the subdivision is classified as major, the date of submission shall be considered to be the date of the next regular meeting of the Planning Board after receipt of a complete submission.
[Amended 11-28-1988]

§ 240-5 Minor subdivision approval.

A. 
Application and fee. 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 Article IV, § 240-20. All applications for plat approval for minor subdivisions shall be accompanied by a fee according to the fee schedule.[1]
[Amended 12-28-1983 by L.L. No. 2-1983]
[1]
Editor's Note: For current fees, see Ch. 130, Fees.
B. 
Number of copies. Ten copies of the subdivision plat shall be presented to the Code Enforcement Officer at least 21 days prior to a scheduled monthly meeting of the Planning Board.
[Amended 3-13-2000 by L.L. No. 3-2000]
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 subdivision plat.
D. 
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article IV, § 240-20, of this part has been filed with the Code Enforcement Officer.
[Amended 3-13-2000 by L.L. No. 3-2000]
E. 
Public hearing. A public hearing shall be held by the Planning Board within 30 days from the time of submission of the subdivision plat for approval, if the Planning Board deems a public hearing necessary. Said hearing shall be advertised in the official newspaper of the Town at least five days before such hearing.
[Amended 11-28-1988]
F. 
Action on subdivision plat. The Planning Board shall, within 31 days from the date of the public hearing, approve, modify and approve or disapprove the subdivision plat. Failure of the Planning Board to act within such time shall constitute approval.

§ 240-6 Submission of preliminary plat for major subdivision.

A. 
Application and fee. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in Article IV, § 240-21, 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 Article IV, § 240-21, of this part, except where a waiver may be specifically authorized by the Planning Board. The application for conditional approval of the preliminary plat shall be accompanied by a fee according to the fee schedule.[1]
[Amended 12-28-1983 by L.L. No. 2-1983]
[1]
Editor's Note: For current fees, see Ch. 130, Fees.
B. 
Number of copies. Ten copies of the preliminary plat shall be presented to the Code Enforcement Officer for transmittal to the Secretary of the Planning Board at least 21 days prior to a regular monthly meeting of the Planning Board.
[Amended 3-13-2000 by L.L. No. 3-2000]
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 Master Plan, the Official Map and Zoning Regulations,[2] if such exist. The Planning Board, in reviewing a preliminary plat, shall attempt to avoid excessive community expenditures by the Town because of necessary community improvements. This applies particularly to improvements not only viewing them as capital expenditures by the municipality, but also taking into consideration excessive operating expenditures, such as school bus operation, police and fire protection, etc. The Planning Board shall avoid approval of premature subdivisions in light of orderly community development.
[2]
Editor's Note: See Ch. 280, Zoning.
E. 
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 21 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article IV, § 240-21, of this part has been filed with the Code Enforcement Officer.
[Amended 3-13-2000 by L.L. No. 3-2000]
F. 
Conditional approval of the preliminary plat.
(1) 
Within 45 days after receipt of such preliminary plat by the Secretary of the Planning Board, the Planning Board shall hold a public hearing, which hearing 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 45 days after the date of such hearing, the Planning Board shall approve, with or without modification, or disapprove such preliminary plat, and the grounds for modification, if any, or the grounds 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 shall be filed in his office, a certified copy shall be mailed to the owner, and a copy shall be forwarded to the Town Board. Failure of the Planning Board to act within 45 days shall constitute approval of the preliminary plat.
(2) 
When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to the modifications to the preliminary plat; 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; and 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 this part. 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.

§ 240-7 Submission of final plat for major subdivision.

A. 
Application for approval and fee. The subdivider shall, within six months after the conditional 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 according to the fee schedule.[1] If the final plat is not submitted within six months after the conditional approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
[Amended 12-28-1983 by L.L. No. 2-1983]
[1]
Editor's Note: For current fees, see Ch. 130, Fees.
B. 
Number of 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 three copies (one copy in ink on linen or plastic reproducible material) of the plat, the original and one true copy of all offers of cessation, covenants and agreements, two prints of all construction drawings and estimates of the costs of roads and utility improvements proposed, said estimate to be prepared by a licensed professional engineer or land surveyor, at least 10 days in advance of the regular monthly meeting of the Planning Board at which it is to be officially submitted.
C. 
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 21 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article IV, § 240-22, of this part has been filed with the Secretary of the Planning Board. In addition, if the applicant elects to construct any or all required improvements [as specified in Article II, § 240-8A(2)], the Town Engineer must file a certificate with the Planning Board stating that these improvements have been satisfactorily installed, or the Town Clerk must certify that a performance bond in the amount specified has been filed with the Town, before the subdivision plat shall be considered officially submitted.
[Amended 3-13-2000 by L.L. No. 3-2000]
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 State Department of Health where appropriate. 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 shall be secured by the subdivider prior to the final approval of the subdivision by the Planning Board becoming effective.
E. 
Public hearing. Within 45 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 that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 240-6 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 requirements for such public hearing.
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 45 days of its receipt by the Secretary of the Planning Board if no hearing is held or, in the event that a hearing is held, within 45 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 therefor shall be deemed approval of the plat.
(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 shall be filed in his office and a certified copy shall be 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 officer of the Planning Board.
(3) 
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, but not to exceed two additional periods of 90 days each.

§ 240-8 Required improvements.

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:
[Amended 3-13-2000 by L.L. No. 3-2000]
(1) 
In an amount set by the Planning Board, the subdivider shall either file with the Town Clerk 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 shall be satisfactory to the Town Board and the Engineer for the Town as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Planning Board shall 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 Engineer for the Town, 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 removing any improvement not approved by the Engineer for the Town. Any such bond shall be satisfactory to the Town Board and Engineer for the Town as to form, sufficiency, manner of execution and surety.
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 Engineer for the Town that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Engineer for the Town may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that 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 Engineer for the Town 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.
[Amended 3-13-2000 by L.L. No. 3-2000]
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 Board in writing of the time when he proposes to commence construction of such improvements so the Town 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 to assure the satisfactory completion of improvements and utilities required by the Planning Board.
D. 
Proper installation of improvements.
(1) 
Thirty days prior to the expiration of the performance bond, the subdivider shall provide as-built certification of improvements by a licensed professional engineer or land surveyor stating that the improvements were constructed in substantial conformance with the approved plan. Said certification shall contain a list of all modifications and/or changes in improvements from the approved plan.
(2) 
If the Engineer for the Town 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.
[Amended 3-13-2000 by L.L. No. 3-2000]

§ 240-9 Filing of approved major subdivision plat.

A. 
Final approval and filing. Upon completion of the requirements in §§ 240-7 and 240-8A 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 appropriate officer of the Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the Office of the County Clerk. Any subdivision plat not so filed or recorded within 90 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, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension, which shall not exceed two additional periods of 90 days.
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 the 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.

§ 240-10 Streets and recreation areas.

A. 
Public acceptance of streets. 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 an 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.