A.
Applications for land division, subdivision, resubdivision
and lot line revision approval under this chapter shall comply fully
with the applicable provisions of Article 16 of the Town Law, the
Public Health Law, and this chapter. Due care in the preparation of
the maps and other information called for will expedite the process
of obtaining approval of a land division, a subdivision, a resubdivision
or a lot line revision.
B.
When any land division, subdivision, resubdivision
or lot line revision of land is proposed, and before any contract
for the sale of land or any offer to sell such land division, subdivision,
resubdivision or land with a lot line revision, or any part thereof,
is made, or any grading, clearing, construction or other improvement
is undertaken therein, the applicant or his duly authorized agent
shall apply in writing for approval of such proposed land division,
subdivision, resubdivision or lot line revision in accordance with
the procedures set forth in this chapter.
A.
A sketch plan review is recommended prior to submission
of a formal application for subdivision approval. The sketch plan
review is intended to reduce the review time for Planning Board consideration
of proposed subdivisions by allowing early review of the plan by the
Department of Planning and Economic Development. Upon the request
for sketch plan review, the Development Planning Committee shall notify
the applicant of the place, date, and time of the meeting at which
the sketch plan is to be considered. The applicant or the applicant's
representatives shall be present at the meeting to discuss the application.
The sketch plan review shall be limited to a review of the basic concept
of the proposal with respect to the minimum area, yard and bulk requirements
of the district in which the property is located, and to identify
problems with meeting the requirements of this chapter which might
occur during formal Planning Board consideration. The sketch plan
review and consultation shall be nonbinding. The Development Planning
Committee shall report to the Planning Board the result or outcome
of the meeting, including any disputes between the applicant and the
Committee as to the information required to complete the application
and any interpretation of this chapter. After the sketch plan review,
nothing herein shall be construed to prevent an applicant from submitting
a formal application for subdivision approval to the Planning Board.
Although not required, applicants are encouraged to commence discussions
with the owners of land abutting or in proximity to the project site
to ascertain local concerns and local development issues early in
the project design process.
A.
Application and fee. All applications for minor subdivision approval shall be in writing and on forms and in such quantity as may be prescribed by the Planning Board together with a fee as set by the Town Board. Unless otherwise waived, the plat shall conform to the requirements listed in § 103-34.
B.
Information waiver. The Department of Planning and
Economic Development may grant a waiver from the information requirements
of this section where it determines that such information is not relevant
to, or is not otherwise required to conduct, the review of the application.
C.
Minor subdivision criteria. The following subsection
sets forth the criteria of a minor subdivision wherein the proposed
subdivision plat is presented in a proposed final form at the time
of the initial application.
(1)
A minor subdivision is one:
(a)
That contains not more than four lots fronting
on an existing street.
(b)
That does not require the construction of any
new streets or roads.
(c)
That does not adversely affect the development
of the remaining lands of the subdivision.
(d)
That does not adversely affect the development
or quiet enjoyment of adjoining property.
(f)
Where each proposed lot is of a size and configuration
so as to provide, if applicable, the minimum separation distances
and meet the design standards for on-site water supply and sewage
disposal systems as established by the Albany County Department of
Health.
(2)
A proposed minor subdivision that does not meet each
of these criteria shall be subject to the major subdivision review
procedures. Nothing herein shall be interpreted to prohibit the use
of the procedures for review of a major subdivision for any subdivision
application, where the Planning Board determines that processing of
the application as a major subdivision is necessary to protect the
public health, safety and welfare.
(3)
In the case of a minor subdivision, no more than four
lots shall be created either simultaneously or sequentially from a
parent parcel within a ten-year period. Should more than that total
number of lots be applied for within 10 years of the date the minor
subdivision is approved, the Planning Board shall require the applicant
to provide all of the information required of a major subdivision
for the previously subdivided lots as well as for the lots under consideration
in the new application.
D.
Compliance with the State Environmental Quality Review
Act.[2] An application for a minor subdivision shall not be considered
complete until a negative declaration has been filed or until a notice
of completion of a 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 minor subdivision plat
shall begin upon filing of such negative declaration or such notice
of completion. An application for minor subdivision approval that
has been determined by the Planning Board to require the preparation
of a draft environmental impact statement shall result in the processing
of the application as a major subdivision.
[2]
Editor's Note: See Art. 8 of the Environmental
Conservation Law.
E.
Applicant to attend Planning Board meetings. The applicant
or his duly authorized representative shall attend meetings of the
Planning Board at which the application is considered to discuss the
plat. Although not required, applicants are encouraged to commence
discussions with the owners of land abutting or in proximity to the
project site to ascertain local concerns and local development issues
early in the project design process.
F.
When officially submitted. An application submitted
under this section shall be deemed received at the next regular meeting
of the Planning Board at which the application is to be considered.
An application shall be placed on the Planning Board agenda only upon
payment of the application fee as set by the Town Board along with
the number of copies of the plat as specified by the Planning Board,
an environmental assessment form, and a completed application form
and an agricultural data statement (if applicable).
G.
Agricultural data statement. If any portion of the
project is located on property within an agricultural district containing
a farm operation, or on property with boundaries within 500 feet of
a farm operation located in an agricultural district, the application
must include an agricultural data statement containing the name and
address of the applicant; a description of the proposed project and
its location; the name and address of any owner of land within the
agricultural district, which land contains farm operations and is
located within 500 feet of the boundary of the property upon which
the project is proposed; and a tax map or other map showing the site
of the proposed project relative to the location of farm operations
identified in the agricultural data statement.
H.
County referral. An application for subdivision approval
under this section shall be forwarded to the Albany County Planning
Board for review pursuant to General Municipal Law § 239-n
if the boundary of the proposed subdivision is located within 500
feet of:
(1)
The boundary of any city, village, or town.
(2)
The boundary of any existing or proposed county or
state park or other recreation area.
(3)
The right-of-way of any existing or proposed county
or state parkway, thruway, expressway, road or highway.
(4)
The existing or proposed right-of-way of any stream
or drainage channel owned by the county or for which the county has
established channel lines.
(5)
The existing or proposed boundary of any county- or
state-owned land on which a public building or institution is situated.
(6)
The boundary of a farm operation located in an agricultural
district, as defined by Article 25-AA of the Agriculture and Markets
Law, if required.
I.
Referral to neighboring municipalities. Pursuant to
General Municipal Law § 239-nn, for a subdivision review
under this section involving property located within 500 feet of an
adjacent municipality, notice of any public hearing shall be given
by mail or electronic transmission to the clerk of the adjacent municipality
not less than 10 days prior to the date of said hearing.
J.
Public hearing on minor subdivision. The hearing on
the minor subdivision plat shall be advertised at least once in the
official newspaper so designated by the Town Board 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, including
the prominent placement of one or more signs on the premises that
is the subject of the application notifying interested persons that
an application for a subdivision approval is under consideration by
the Board. All notices shall include the name of the subdivision,
the location of the land to be subdivided, and the date, place, time
and subject of the public hearing. Such notice shall not be required
for adjourned dates. The hearing on the minor subdivision plat shall
be closed upon motion of the Planning Board within 120 days after
it has been opened.
K.
Action on minor subdivision plat. The Planning Board
shall, within 62 days from the date of the public hearing, approve,
conditionally approve with or without modification, or disapprove
a complete application for minor subdivision plat approval. When conditionally
approving a minor subdivision plat with or without modifications,
the Planning Board must state in writing the modifications, if any,
it deems necessary before the plat will be endorsed by the Chairman.
The Board shall specify in writing its reasons for any disapproval.
L.
Filing of notice of action. Written notice of the
action of the Planning Board, plus any conditions attached thereto,
shall be provided to the applicant, and a copy of such notice shall
be filed with the Town Clerk within five days of the date of approval.
M.
Duration of conditional approval of minor subdivision plat. Conditional
approval of the minor subdivision shall expire within 180 days after
the date of adoption of the resolution granting such approval, unless
all applicable requirements stated in such resolution have been completed.
The Planning Board may extend by not more than four additional periods
of 90 days each the time in which a conditionally approved plat must
be submitted for signature if, in the Board's opinion, such extension
is warranted by the particular circumstances.
[Amended 12-14-2016 by L.L. No. 5-2016]
N.
Filing of minor subdivision plat; expiration of approval.
The applicant shall file the approved minor subdivision plat in the
office of the County Clerk within 62 days from the date of final approval
or such approval shall expire. The signature of the Chairman or Vice
Chairman or other duly authorized officer of the Planning Board signifying
final approval and completion of conditions of final approval by the
Planning Board shall constitute approval.
O.
Endorsement of the Chairman. Upon approval of the
minor subdivision plat, the applicant shall carry out the following
steps prior to obtaining the Chairman's signature of approval:
(1)
Provide proof of compliance with Department of Health
standards and approval of the plan for water supply and sewage disposal.
(2)
Provide proof of compliance with all other required
local, state and federal agency permits and approvals, including but
not limited to stream disturbance; wetland and wetland buffer disturbance;
highway work; curb cuts; stormwater connections; SPDES permit discharges;
dams and impoundments, etc.
(3)
Make all required corrections or changes to the minor
subdivision plat map as outlined in the resolution of the Planning
Board and provide two copies of the corrected final plat to the Secretary
of the Planning Board for final review and approval by the Department
of Planning and Economic Development, the Town Engineer and other
designated Town officials for compliance with the resolution of the
Planning Board. The applicant shall also complete all applicable conditions
of the Planning Board resolution approving the final plat.
(4)
Provide Mylar and paper copies of the minor subdivision
plat in such quantity as specified by the Planning Board to the Secretary
of the Planning Board for the endorsement of the Chairman. After the
Chairman has signed the Mylar and the paper copies of the plat, the
Secretary shall immediately notify the applicant of the availability
of the minor subdivision plat map. The applicant is solely responsible
for filing of the minor subdivision plat with the County Clerk.
(5)
Pay all outstanding escrow fees and application fees.
Parkland fees, if applicable, are due and payable at the time an application
for a building permit is made.
P.
Filed plat map. Within 30 days of the date the minor
subdivision plat is filed with the County Clerk, the applicant shall
submit one copy of the plat showing the endorsement of the County
Clerk to the Secretary of the Planning Board.
Q.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made to any subdivision plat after
endorsement of said plat by the Chairman of the Planning Board, unless
said plat is first resubmitted to the Planning Board and the Board
approves any modifications. Such modified plat shall be resubmitted
to the Planning Board for restamping and signature. 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 Planning
Board shall institute proceedings to have the plat stricken from the
records of the County Clerk.
R.
Fees. All application fees are in addition to any required escrow fees and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required in accordance with Chapter 128, Zoning, § 128-85.
A.
Application and fee. Prior to the filing of an application for the approval of a final plat for a major subdivision, the applicant shall submit an application for approval of a preliminary subdivision plat. All applications for preliminary subdivision approval shall be in writing and on forms and in such quantity as may be prescribed by the Planning Board, together with a fee as set by the Town Board. The preliminary plat shall, in all respects, comply with the requirements set forth in this chapter and the provisions of §§ 276 and 277 of the Town Law, except where a waiver of such requirements may be specifically authorized by the Department or Planning Board. Said application shall also conform to the requirements listed in § 103-35.
B.
Purpose. The preliminary layout, the application,
and all supporting documents for a proposed subdivision constitute
the material to be officially submitted to the Planning Board. On
the basis of the general design of the subdivision and any proposed
or required public improvements, the Planning Board will indicate
its approval or disapproval of the preliminary plat prior to the time
that the final plat, including the design and detailing of the improvements
and utilities, is completed. Approval of the preliminary layout does
not constitute an approval of the final plat, nor shall it be considered
a valid basis for filing of the preliminary plat with the County Clerk,
or the construction of site improvements, or for other commitments
which depend upon detailed design characteristics.
C.
When officially submitted. An application submitted
under this section shall be deemed received at the next regular meeting
of the Planning Board at which the application is to be considered.
An application shall be placed on the Planning Board agenda only upon
payment of the application fee as set by the Town Board along with
an environmental assessment form and the number of copies of the plat
map as specified by the Planning Board.
D.
Applicant to attend Planning Board meetings. The applicant
or his duly authorized representative shall attend meetings of the
Planning Board at which the application is considered to discuss the
preliminary plat. Although not required, applicants are encouraged
to commence discussions with the owners of land abutting or in proximity
to the project site to ascertain local concerns and local development
issues early in the project design process.
E.
Information waiver. The Department of Planning and
Economic Development may grant a waiver from the information requirements
of this section where it determines that such information is not relevant
to, or is not otherwise required to conduct, the review of the application.
F.
Study of preliminary plat. The Planning Board shall
study the proposed preliminary plat, taking into consideration the
goals and polices of the Town Comprehensive Plan for the district
in which the parcel is located, the needs of the community, the requirements
of the Town Zoning Law[1] and this chapter, 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, vehicular and pedestrian access, preservation
of natural resources, relationship to improvements on adjacent and
neighboring land, drainage, lot sizes and arrangement, and the future
development of adjoining lands as yet unsubdivided, including those
lands depicted on the Official Map.
G.
Look-back provision. Within any ten-year period, no
more than 49 lots may be created either simultaneously or sequentially
from a parent parcel for which both central sewer and water services
do not exist or have not been provided. Should more than that total
number of lots be applied for within 10 years of the date of subdivision
approval involving the parent parcel, the Planning Board may require
the applicant to include a plan for providing central sewer and water
services to the previously subdivided lots at no additional cost to
their present owners as part of the new application for subdivision
approval.
H.
Compliance with the State Environmental Quality Review
Act.[2] A preliminary plat application 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
application shall begin upon filing of such negative declaration or
such notice of completion.
[2]
Editor's Note: See Art. 8 of the Environmental
Conservation Law.
I.
Planning Board as lead agency under the State Environmental
Quality Review Act: public hearing; notice; decision.
(1)
Public hearing on preliminary flats. 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:
(a)
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 receipt of a complete preliminary plat by the Secretary
of the Planning Board; or
(b)
If the Planning 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, a public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
(2)
Public hearing notice. The hearing on the preliminary
plat shall be advertised at least once in the official newspaper so
designated by the Town Board 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, including the prominent placement of one or more
signs on the premises that is the subject of the application notifying
interested persons that an application for a subdivision approval
is under consideration by the Board. All notices shall include the
name of the subdivision, the location of the land to be subdivided,
and the date, place, time and subject of the public hearing. Such
notice shall not be required for adjourned dates. The hearing on the
preliminary plat shall be closed upon motion of the Planning Board
within 120 days after it has been opened.
(3)
Decision. The Planning Board shall approve, with or
without modification, or disapprove such preliminary plat as follows:
(a)
If the Planning Board determines that 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.
(b)
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.
(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. 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.
J.
Planning Board not as lead agency under the State
Environmental Quality Review Act: public hearing; notice; decision.
(1)
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,
the Planning Board shall hold the public hearing on the preliminary
plat within 62 days after receipt of a complete preliminary plat by
the Secretary of the Planning Board.
(2)
Public hearing notice. 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 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 preliminary
plat, including the prominent placement of one or more signs on the
premises that is the subject of the application notifying interested
persons that an application for a subdivision approval is under consideration
by the Board. All notices shall include the name of the subdivision,
the location of the land to be subdivided, and the date, place, time
and subject of the public hearing. Such notice shall not be required
for adjourned dates. The hearing on the preliminary plat shall be
closed upon motion of the Planning Board within 120 days after it
has been opened.
(3)
Decision. The Planning Board shall, by resolution,
approve with or without modification or disapprove the preliminary
plat within 62 days after the close of the public hearing on such
preliminary plat.
(a)
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.
(b)
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.
(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. 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.
K.
Agricultural data statement. If any portion of the
project is located on property within an agricultural district containing
a farm operation, or on property with boundaries within 500 feet of
a farm operation located in an agricultural district, the application
must include an agricultural data statement containing the name and
address of the applicant; a description of the proposed project and
its location; the name and address of any owner of land within the
agricultural district, which land contains farm operations and is
located within 500 feet of the boundary of the property upon which
the project is proposed; and a tax map or other map showing the site
of the proposed project relative to the location of farm operations
identified in the agricultural data statement.
L.
County referral. Prior to action on an application
for subdivision approval under this section, a copy of said application
shall be forwarded to the Albany County Planning Board for review
pursuant to General Municipal Law § 239-n if the boundary
of the proposed subdivision is located within 500 feet of:
(1)
The boundary of any city, village, or town.
(2)
The boundary of any existing or proposed county or
state park or other recreation area.
(3)
The right-of-way of any existing or proposed county
or state parkway, thruway, expressway, road or highway.
(4)
The existing or proposed right-of-way of any stream
or drainage channel owned by the county or for which the county has
established channel lines.
(5)
The existing or proposed boundary of any county- or
state-owned land on which a public building or institution is situated.
(6)
The boundary of a farm operation located in an agricultural
district, as defined by Article 25-AA of the Agriculture and Markets
Law, if required.
M.
Referral to neighboring municipalities. Pursuant to
General Municipal Law § 239-nn, for a subdivision review
under this section involving property located within 500 feet of an
adjacent municipality, notice of any public hearing shall be given
by mail or electronic transmission to the clerk of the adjacent municipality
not less than 10 days prior to the date of said hearing.
N.
Filing of notice of action. Written notice of the
action of the Planning Board, plus any conditions attached thereto,
shall be provided to the applicant, and a copy of such notice shall
be filed with the Town Clerk within five days of the approval of the
preliminary plat. Approval of the preliminary plat shall not constitute
approval of the final plat but shall be deemed an expression of approval
of the design submitted on the preliminary plat as a guide to the
preparation of the final plat which will be submitted for approval
of the Planning Board and for recording upon fulfillment of the requirements
of the Town Zoning Law[3] and this chapter and the conditions of the approval of
the preliminary plat, if any. Prior to approval of the final subdivision
plat the Planning Board may require additional changes as a result
of further study of the final subdivision plat or as a result of new
information obtained at the public hearing.
O.
Revocation and time limit on approval. Within six months of the approval
of the preliminary plat, the owner must submit the plat in final form.
In the event the owner is unable to submit the final plat within the
six-month period, the owner may submit to the Planning Board a request
for an extension of time. Said request shall be delivered to the Board
prior to the expiration of the six-month period and shall state the
reasons why the final plat has not been submitted. The Planning Board
may extend, by not more than two additional periods of 90 days each,
the time for submission of the final plat if, in the Board's
opinion, such extension is warranted by the particular circumstances.
The Planning Board may revoke approval of the preliminary plat if
the final plat is not submitted within six months of the preliminary
plat approval, or in the case of a time extension granted by the Board,
upon expiration of said time extension. Preliminary plat approval
shall expire if the final plat is not submitted to the Planning Board
within two years of the date the preliminary plat decision is filed
with the Town Clerk.
[Amended 12-14-2016 by L.L. No. 5-2016]
P.
Fees. All application fees are in addition to any required escrow fees and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required in accordance with Chapter 128, Zoning, § 128-85.
A.
Application for approval and fee. The applicant shall, within six months after the date of filing of the preliminary plat approval with the Town Clerk, file with the Planning Board an application for approval of all or part of the subdivision plat in final form. All applications for plan approval shall be in writing and on forms and in such quantity as may be prescribed by the Planning Board together with a fee as set by the Town Board. Said application shall also conform to the requirements listed in § 103-36.
B.
Purpose. The proposed final plat, together with drawings
and documents, shall constitute the complete development of the subdivision
proposal, shall include the conditions of the Planning Board's preliminary
subdivision approval, and shall include the detailed layout drawings
for the public improvements and utilities. The final plat shall be
in conformity with the approved preliminary plat. After approval by
the Planning Board of this submission, the approved performance surety
and the general liability insurance policy as approved by the Town
Board shall become the basis for the construction of the subdivision
and the inspection services by the Town Engineer or other delegated
Town officer. The plat itself must be recorded with the County Clerk
to have legal status, and an unrecorded plat shall not be a valid
basis for site improvements or other commitments. The plat shall be
an accurate survey record of the properties resulting from the subdivision
and shall bear the seal and signature of the licensed land surveyor
responsible for its preparation.
C.
When officially submitted. An application submitted
under this section shall be deemed received at the next regular meeting
of the Planning Board at which the application is to be considered.
An application shall be placed on the Planning Board agenda only after
payment of the application fee as set by the Town Board and submission
of the specified number of copies of the final plat map and any supporting
documentation.
D.
Applicant to attend Planning Board meeting. The applicant
or his duly authorized representative shall attend the meeting(s)
of the Planning Board at which the application is considered to discuss
the final plat.
E.
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 that 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:
(1)
Planning Board as lead agency: public hearing; notice;
decision.
(a)
Public hearing on final plat. 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,[1] as follows:
[1]
If the Planning 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 Secretary of the Planning Board.
[2]
If the Planning 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.
[1]
Editor's Note: See Art. 8 of the Environmental
Conservation Law.
(b)
Public hearing notice. The hearing on the final
plat shall be advertised at least once in the official newspaper so
designated by the Town Board 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
final plat, including the prominent placement of one or more signs
on the premises that is the subject of the application notifying interested
persons that an application for a subdivision approval is under consideration
by the Board. All notices shall include the name of the subdivision,
the location of the land to be subdivided, and the date, place, time
and subject of the public hearing. Such notice shall not be required
for adjourned dates. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(c)
Decision. The Planning Board shall make its
decision on the final plat as follows:
[1]
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.
[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 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 the such 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.
(2)
Planning Board not as lead agency: public hearing;
notice; decision.
(a)
Public hearing on final plat. 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, 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 Secretary of the
Planning Board.
(b)
Public hearing notice. The hearing on the final plat shall be advertised at least once in the official newspaper so designated by the Town Board at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. Notice shall be provided pursuant to Chapter 58. 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, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that an application for a subdivision approval is under consideration by the Board. All notices shall include the name of the subdivision, the location of the land to be subdivided, and the date, place, time and subject of the public hearing. Such notice shall not be required for adjourned dates. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
(c)
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 within
62 days after the close of the public hearing on such final plat.
The grounds for a modification, if any, or the grounds for disapproval
shall be stated upon the records of the Planning Board.
[1]
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.
[2]
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.
F.
Filing of notice of action. Written notice of the
action of the Planning Board, plus any conditions attached thereto,
shall be provided to the applicant, and a copy of such notice shall
be filed with the Town Clerk within five days of the date of approval.
G.
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be subdivided and developed in two or more sections
and may, in its resolution granting conditional or final approval,
state such requirements as it deems necessary to ensure that the orderly
development of the plat shall be completed before said sections may
be signed by the Chairman.
H.
Duration of conditional approval of final plat. Conditional approval
of the final plat shall expire within 180 days after the resolution
granting such approval, unless all requirements stated in such resolution
have been certified as completed. The Planning Board may extend by
not more than four additional periods of 90 days each the time in
which a conditionally approved plat must be submitted for signature
if, in the Board's opinion, such extension is warranted by the
particular circumstances.
[Amended 12-14-2016 by L.L. No. 5-2016]
I.
Filing of final plat; expiration of approval. The
applicant shall file the approved final plat, or a section of such
plat, in the office of the County Clerk within 62 days from the date
of final approval or such approval shall expire. In the event that
the applicant shall file only a section of such approved plat with
the County Clerk, the entire approved plat shall be filed within 30
days of the filing of such section with the Town Clerk. Such section
shall encompass at least 10% of the total number of lots contained
in the approved plat, and the approval of the remaining sections of
the approved plat shall expire unless said sections are filed with
the County Clerk within three years of the date of filing of the first
section. The signature of the Chairman or Vice Chairman or other duly
authorized officer of the Planning Board signifying final approval
and completion of conditions of final approval by the Planning Board
shall constitute final approval.
J.
Performance surety and estimate of cost of improvements. The Planning Board may require as a condition of final plat approval that the owner/applicant establish or provide a cash escrow account, performance bond or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the required public improvements associated with development of the plat. The surety shall name the Town as beneficiary, shall be in a form satisfactory to the Town Attorney or his/her designee and shall be in an amount as determined by the Town Engineer based on an estimate of the cost of the required public improvements. The surety to guarantee completion of the improvements shall be in accordance with the requirements of § 103-16B of this chapter.
[Amended 10-8-2008 by L.L. No. 3-2008]
K.
Endorsement of the Chairman. Upon approval of the
final plat, the applicant shall carry out the following steps prior
to obtaining the Chairman's signature of approval:
(1)
Provide proof of compliance with Department of Health
standards and approval by that Department of the plan for water supply
and sewage disposal.
(2)
Provide proof of compliance with all other required
local, state and federal agency permits and approvals, including but
not limited to stream disturbance; wetland and wetland buffer disturbance;
highway work; curb cuts; stormwater connections; SPDES permit discharges;
dams and impoundments, etc.
(3)
Make all required corrections or changes to the final
plat map as outlined in the resolution of the Planning Board and provide
two copies of the corrected final plat to the Secretary of the Planning
Board for final review and approval by the Department, the Town Engineer
and other designated Town officials for compliance with the resolution
of the Planning Board.
(4)
Complete all applicable conditions of final approval
as set forth in the resolution of the Planning Board.
(5)
Provide Mylar and paper copies of the final plat in
such quantity as specified by the Planning Board to the Secretary
of the Planning Board for the endorsement of the Chairman. After the
Chairman has signed the Mylar and the paper copies of the plat, the
Secretary shall immediately notify the applicant of the availability
of the final plat map. The applicant is solely responsible for filing
of the final plat with the County Clerk.
(6)
Obtain a performance surety in the amount of the estimate
for the improvements and a general liability insurance policy and
submit them to the Planning Board Attorney for approval as to form.
(7)
Pay all outstanding escrow fees and application fees
to the Planning Board Secretary or to the Town Clerk. Parkland fees,
if applicable, are due and payable at the time an application for
a building permit is made.
L.
Filed plat map. Within 30 days of the date the final
plat is filed with the County Clerk, the applicant shall submit one
copy of the final plat showing the endorsement of the County Clerk
to the Secretary of the Planning Board.
M.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made to any subdivision plat after
endorsement of said plat by the Chairman of the Planning Board, unless
said plat is first resubmitted to the Planning Board and the Board
approves any modifications. Such modified plat shall be resubmitted
to the Planning Board for restamping and signature. 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 Planning
Board shall institute proceedings to have the plat stricken from the
records of the County Clerk.
N.
Fees. All application fees are in addition to any required escrow fees and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required in accordance with Chapter 128, Zoning, § 128-85.
A.
Improvements.
(1)
The applicant shall provide the following improvements
when required by the Planning Board:
(2)
In making a determination to require such improvements,
the Planning Board shall take into consideration the prospective character
of the development, whether dense residence, open residence, business
or industrial.
B.
Surety. As outlined below, the Town may require that
a performance surety in the form of a bond, cash, or an irrevocable
letter of credit, as determined by the Town, shall be delivered to
the Town to guarantee that the applicant will faithfully cause to
be constructed and completed, within a reasonable period of time,
the required public improvements and will convey the required lands
and improvements to the Town free and clear of encumbrances.
[Amended 10-8-2008 by L.L. No. 3-2008]
(1)
The Planning Board may require as a condition of final
plat approval, based upon an estimate prepared by the Town Engineer,
that the applicant shall file with the Department of Economic Development
and Planning either a performance bond, cash escrow account, or an
irrevocable letter of credit from a bank having a credit acceptable
to the Town to cover the cost of the required public improvements.
Any such surety shall comply with the requirements of § 277 of
the Town Law and, further, shall be satisfactory to the Town Attorney
or his/her designee as to form, sufficiency, duration, renewability,
and manner of execution. The term of the surety shall be sufficient,
as determined by the Town, to permit the completion of improvements
by the applicant.
(2)
The required public improvements shall not be considered
to be completed until the Town Engineer has approved the improvements
as installed and an as-built map has been submitted to the Town. The
map shall indicate the location of monuments marking all underground
utilities as actually installed. The performance surety shall not
be released until the improvements have been accepted by the Town
Board upon the recommendation of the Town Engineer.
(3)
The applicant shall complete all public improvements
required for the lots, or part thereof, to the satisfaction of the
Town before any certificate of occupancy may be issued.
(4)
If the Town Board decides at any time during the term
of the performance surety that the extent of the building development
that has taken place in the subdivision is not sufficient to warrant
all the improvements covered by such performance surety, or that required
improvements have been installed in sufficient amount to warrant reduction
in the face amount of said surety, or that the character and extent
of such development require additional improvements previously waived
for a period stated at the time of fixing the original terms of such
surety, the Town Board may modify its requirements for any or all
such improvements, and the face value of such performance surety shall
thereupon be reduced or increased by an appropriate amount so that
the new face value will cover the cost in full of the amended list
of improvements required by the Town Board and any security deposited
with the surety may be reduced or increased proportionately.
C.
General liability insurance procedures. The general
contractor shall file with the Town Attorney a general liability insurance
policy at the same time that the applicant files the performance surety.
The Town Board, upon the recommendation of the Town Attorney, shall
approve the policy as to form and amount. The policy shall insure
the Town and the general contractor and shall cover all operations
of the development, including maintenance of property and buildings
and contracting operations of every nature, and all public improvements.
The policy shall remain in force during the term of the construction
of improvements and shall be extended in conformance with any extension
of the performance surety.
D.
Maintenance surety. The applicant shall file with
the Town Board a maintenance surety in an amount based on a maximum
of 10% of the improvement estimate or in such amount which shall be
adequate to assure the satisfactory condition of the initial public
improvements for a period of one year following their completion and
acceptance by the Town Board. Such surety shall be a bond, cash, or
an irrevocable letter of credit, as determined by the Town, and shall
be satisfactory to the Town Attorney as to form and manner of execution.
E.
Modification of design 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 required improvements, the Town Engineer may authorize
modifications, provided that these modifications maintain 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 Town Engineer 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.
F.
Supervision of improvements. The construction of all
required improvements shall be supervised by the Town Engineer who,
after completion of construction, shall certify to the Town Board
that all required improvements have been constructed as required and
approved by the Planning Board or as modified by the Planning Board.
G.
Inspections. The Town may employ an inspector for
the purpose of assuring the satisfactory completion of improvements
required by the Planning Board and shall determine an amount sufficient
to defray costs of inspection. The Town shall invoice the actual cost
of the inspection to the applicant, who shall pay all amounts due
within 30 days of the date of the invoice. If the Planning Board or
its agent finds, upon inspection, that any of the required improvements
have not been constructed in accordance with the approved drawings,
the applicant and the surety company will be severally and jointly
liable for the costs of completing said improvements according to
specifications. All improvements will be inspected to ensure satisfactory
completion. In no case shall any paving work, including prime and
seal coats, be done without permission from the Town Engineer. At
least 24 hours' notice shall be given to the Town Engineer prior to
any such construction so that a representative of the Town may be
present at the time work is to be done. If the Town Engineer or other
duly designated official does not carry out inspection of required
improvements during construction, the applicant or the surety company
shall not in any way be relieved of their responsibilities. The Town
Engineer shall be notified after each of the following phases of the
work has been completed so that he or his representative may inspect
the work:
(1)
Road subgrade.
(2)
Curb and gutter forms.
(3)
Road paving, after each coat in the case of priming
and sealing.
(4)
Sidewalk forms.
(5)
Waterlines, sanitary sewer lines, stormwater drainage
pipes and other drainage structures before backfilling.
(6)
All underground utilities prior to backfilling.
H.
Final inspection. A final inspection of all improvements
will be made to determine whether the work is satisfactory and in
substantial agreement with the approved final plat drawings and in
compliance with the Town specifications as of the time the offer of
dedication of the roads and other facilities is made to the Town Board.
The general condition of the site as to cleanup and installation of
sod or landscaping shall also be considered. Upon a satisfactory final
inspection report, the Town Engineer shall recommend to the Town Board
the release of the performance surety covering the improvements.
I.
Proper installation of improvements. If the Town Engineer
finds, upon inspection of the improvements performed before the expiration
date of the performance surety, that any of the required improvements
have not been constructed in accordance with plans and specifications
filed by the applicant, he shall so report to the Town Board, Building
Inspector and Planning Board. The Town Board then shall notify the
applicant and, if necessary, the issuer of the bond or the irrevocable
letter of credit and take all necessary steps to preserve the Town's
rights under the surety. The Town Board may thereupon declare the
applicant in default and collect the sum remaining payable under the
surety agreement, and upon receipt of the proceeds thereof the Town
shall install such improvements as are covered by the performance
surety commensurate with the building development that has taken place
in the subdivision, but not exceeding in cost the amount of such proceeds.
With regard to a subdivision approved in parts or phases, no subsequent
parts of such a plat shall be approved by the Planning Board as long
as the applicant is in default on a previously approved part of the
plat.
J.
Monuments. Permanent monuments shall be set at block
corners and at intervals of 500 feet, or such other distance or location
as the Town Engineer may designate. Each location must be indicated
by a suitable symbol on the subdivision plat. The type of monument
must be approved by the Town Engineer.
K.
Time for completion of improvements. All improvements,
or any part thereof required to service the lots as shown on a partial
plat filing, shall be completed to the satisfaction of the Town Engineer
before a building permit is issued with respect to any lot or dwelling
fronting on a street shown on the subdivision plat.
L.
Acceptance of improvements. The acceptance of improvements
will not be considered or processed until three sets of as-built data
per Town Highway Department standards are presented showing the improvements
and, in addition, the submission of legal documents necessary for
the dedication to the public of these improvements.
A.
Public acceptance of streets, parks and parkland areas.
(1)
The approval of the Planning Board of a subdivision
plat shall not be deemed to constitute or be evidence of any acceptance
by the Town. As a condition of final plat approval, the applicant
shall submit an irrevocable offer of cession for review by the Town
Board and the Town Attorney. The irrevocable offer of cession shall
be in a form suitable for recording and shall not be filed until approved
by the Town Board upon the recommendation of the Town Attorney.
(2)
Every street shown on a plat that is filed or recorded
in the office of the County Clerk as provided in these regulations
shall be deemed to be a private street until such time as it has been
formally offered for cession to be public and formally accepted as
a public street by resolution of the Town or, alternatively, until
it has been condemned by the Town for use as a public street.
(3)
After such plat is approved and filed, subject, however, to review by the court as hereinafter provided, the streets, highways and parks shown on such plat shall be and become a part of the Official Map or plan of the Town. The filing of the plat with the County Clerk shall constitute a continuing offer of dedication of the streets, highways or parkland areas, water supply and sewage disposal facilities, and said offer of dedication may be accepted by the Town Board at any time. In the event that the applicant or his agent shall elect not to file his plat prior to the expiration of plat approval as provided in § 103-15I, then such formal offers of cession shall be deemed to be invalid, void and of no effect on and after such expiration date.
(4)
No public street utility or improvement shall be constructed
by the Town in any street or highway unless it has been offered as
a public street or highway, except that the Town Board may authorize
the construction of a public street utility or improvement in or under
a street which has not been dedicated but which has been used by the
public as a street for five years or more prior.
B.
Street access and improvement prior to issuance of
building permits.
(1)
No permit for the erection of any building shall be
issued unless the lot on which the building is proposed has frontage
on a street or highway that has been duly placed on the Official Map
or plan or, if there shall be no Official Map or plan, unless such
street or highway is:
(2)
Before such permit shall be issued, such street or
highway shall have been suitably improved to the satisfaction of the
Town Board in accordance with standards and specifications approved
by the appropriate municipal officers as adequate in respect to the
public health, safety and general welfare for the special circumstances
of the particular street or highway, or, alternatively and in the
discretion of the Town Board, a performance surety sufficient to cover
the full cost of such improvement as estimated by such Board or other
appropriate municipal departments designated by such Board shall be
furnished to the Town by the applicant. Such performance surety shall
be issued by a surety company approved by the Town Board or by the
applicant with security acceptable to the Town Board and shall also
be approved by the Town Attorney as to form, sufficiency and manner
of execution. The term, manner of notification and method of enforcement
of such surety shall be determined by the Town Board. The surety to
guarantee completion of the improvements shall be a bond, cash or
an irrevocable letter of credit as determined by the Town.
C.
Ownership and maintenance of parkland areas. When
a park, playground, natural or historic feature or other parkland
or open space 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 parkland area.
A.
Statement of policy. The Town of Bethlehem hereby
establishes a policy of encouraging the use of conservation subdivision
design to preserve open space, agricultural land, water supplies,
and other environmental resources identified in the Town of Bethlehem
Comprehensive Plan and to harmonize new development with the traditional
open, wooded, agricultural and hamlet landscapes of the Town. These
principles allow the Planning Board to modify the applicable area
and bulk provisions of this chapter in order to preserve open space
and encourage more sensitive and efficient development patterns than
would be possible by strict adherence to the conventional specifications.
B.
Grant of authority. The Town Board of the Town of
Bethlehem hereby grants to the Planning Board of the Town of Bethlehem
the authority to modify applicable area, yard and bulk provisions
of the Zoning Law[1] as they apply to a specific plat when so requested by
an applicant so long as the modified plat is consistent with the goals
and objectives of the Comprehensive Plan pertaining to conservation
subdivisions and this chapter. To the extent that any provisions of
this chapter are inconsistent with § 278 of the Town Law,
the Town Board of the Town of Bethlehem hereby declares its intent
to supersede that section of the Town Law, pursuant to its home rule
powers under Municipal Home Rule Law § 10, Subdivision 1(ii)(d)(3)
et seq.
C.
Purposes. This section encourages flexibility in the
design and development of land in order to promote its most appropriate
use and to preserve as permanent open space important natural features
and resources, wildlife habitat, water resources, ecological systems,
and scenic areas for the benefit of present and future residents.
A conservation subdivision plan may involve grouping development on
one or more portions of a parcel and modifying the minimum lot, area,
setback or frontage requirements in order to achieve one or more of
the following specific purposes:
(1)
Long-term protection of natural and man-made resources
identified in the Comprehensive Plan and this chapter.
(2)
Compatibility with surrounding land uses and the overall
character of the neighborhood in which the property proposed for subdivision
is located.
(3)
Provision of adequate setbacks and visual buffers
from adjoining properties.
(4)
Contribution to Town-wide open space planning by creating
a system of permanently preserved open spaces providing linkages between
existing and potential future open space areas.
(5)
Preservation of open space where the preserved lands
border active agricultural land or land which is suitable for agricultural
use.
(6)
Protection of ground- and surface water, regulated
wetlands, steep slopes, floodplains or unique areas of natural, scenic
or historic significance.
(8)
Reduction of the number of new roads or driveways
obtaining access from existing public roads and reduction of the amount
of new road that may be required to be dedicated to the Town.
(9)
Protection of designated critical environmental areas.
D.
Preservation of land. A conservation subdivision accomplishes the
purposes set forth above by reducing the generally applicable minimum
lot size and bulk requirements of this chapter for the district in
which the property is located and by grouping residences in those
areas where development would have the least impact on identified
natural and community resources. The approved conservation subdivision
plat shall identify, with specificity, the location and types of resource(s)
to be preserved. The resources shall then be permanently preserved
through the use of a conservation easement(s), restrictive covenant(s)
and/or appropriate deed restriction(s) as determined by the Planning
Board.
[Amended 12-14-2016 by L.L. No. 5-2016]
E.
Applicability. This section shall be applicable only
to land parcels zoned for residential uses for which an application
for approval of a major subdivision pursuant to this chapter is submitted
to the Planning Board.
F.
Standards and procedures. An applicant for a major
subdivision as set forth in this chapter has the option of requesting
that the Planning Board consider approval of a conservation subdivision
plan in lieu of a conventional major subdivision plan. The decision
to permit a conservation subdivision is at the sole discretion of
the Planning Board. The use of a conservation subdivision plan is
specifically encouraged when the parcel contains, in whole or in part,
one or more of the following:
(1)
State and/or federal freshwater wetlands occupy 25%
or more of the site.
(2)
Slopes of greater than 20% occupy 25% or more of the
site.
(3)
The site contains a floodplain or flood hazard area
as mapped by the Federal Emergency Management Agency's Flood Insurance
Maps.
(4)
The site contains a critical environmental area.
(5)
The site contains identified scenic views or scenic
vistas.
(6)
The total amount of land included in the subdivision
is 50 acres or more.
(7)
The total number of lots is 10 or more.
(8)
The lot or parcel is included within an agricultural
district.
(9)
The lot or parcel is under a forestry management plan.
G.
Required plans. An application for conservation development shall include all plans and materials required for approval of a conventional subdivision as set forth in this chapter. The maximum number of residential lots that may be permitted and approved within a conservation development shall not exceed the maximum number of lots capable of being developed within a conventional subdivision layout of the same property prior to the application of incentive densities pursuant to § 128-51 of the Town Zoning Law. Lots shown on the conventional layout shall be fully consistent with the lot, area and bulk requirements for the zoning district in which the land is located and all applicable requirements of this chapter and Chapter 128.
I.
Determination of development density and minimum acreage. Upon receipt of an application for a conservation subdivision, the Planning Board shall review the proposed plan and shall, in accordance with Subsection J below, determine the number of building lots or dwelling units that could be practically created pursuant to said plan.
J.
Maximum density unit calculation. The maximum number of density units (i.e., units per acre or “DU”) in a conservation subdivision shall not exceed the maximum allowable DU for a conventional subdivision in the district in which the property is located prior to the application of incentive densities pursuant to § 128-51 of the Town Zoning Law. Any regulations contained in this chapter and in Chapter 128 restricting the number of dwelling units permitted in a conventional subdivision shall also restrict the number of dwelling units permitted in a conservation development. The calculation of buildable yield for a conservation subdivision shall be based on the following formula, which shall also be applicable to the maximum density unit calculation for all major conventional subdivisions as defined in this chapter. The buildable yield (BY) shall be used to determine the allowable density units per the area, yard and bulk chart, § 128-100 of the Zoning Law.[3]
[Amended 10-8-2008 by L.L. No. 3-2008]
(1)
The BY calculation shall be determined by subtracting
the constrained land areas of the property (i.e., NYSDEC and USACOE
regulated wetlands, and lands within the one-hundred-year floodplain
area, and steep slope areas of greater than 20%) for which the applicant
has not secured and has not submitted to the Planning Board permits
or approvals that would allow development in such constrained land
areas, as follows:
|
T - (W+F+S) = BY
| ||
|
Where:
| ||
|
T =
|
Total acreage inside the boundary lines of the
project parcel.
| |
|
W =
|
Total acreage inside the boundary lines of the
project parcel and within a NYSDEC or USACOE regulated wetland (exclusive
of any buffer area).
| |
|
F =
|
Total acreage inside the boundary lines of the
project parcel and within the one-hundred-year floodplain area where
the base elevations and flood hazard are determined exclusive of any
flood area within a regulated state or federal wetland.
| |
|
S =
|
Total acreage inside the boundary lines of the
project parcel and containing slopes of 20% or greater.
| |
|
BY =
|
Maximum number of acres that can be developed
and that form the basis for determining the maximum number of residential
dwellings that may be created per the area, yard and bulk chart.
| |
(2)
The BY calculation set forth in Subsection J(1) above shall be adjusted to include, in whole or in part, the constrained land area(s) for which the applicant has secured the necessary permits or approvals from applicable local, state or federal agencies authorizing development in such area(s) and has submitted copies of said permits or approvals to the Planning Board. If the parcel is not proposed for connections to central sewage disposal facilities, the plan shall also include an assessment and certification by a professional engineer as to the suitability of the soils to accommodate individual sewage disposal systems. The Department, in its sole discretion, shall determine whether the plan is realistic and reflects a development pattern that could reasonably be implemented.
(3)
In addition, the following formula shall be used to
determine the minimum open space set aside for a conservation subdivision:
|
With public water and public sewer: T - (W+F+S+I)
x 0.40 = OS
| |
|
With private wells and/or septic: T - (W+F+S+I)
x 0.50 = OS
|
|
Where:
| ||
|
T =
|
Total land area (acres) inside the boundary
lines of the project parcel.
| |
|
W =
|
Total land area (acres) inside the boundary
lines of the project parcel and within a NYSDEC or USACOE regulated
wetland (exclusive of any buffer area).
| |
|
F =
|
Total land area (acres) inside the boundary
lines of the project parcel and within the one-hundred-year floodplain
area where the base elevations and flood hazard are determined exclusive
of any flood area within a regulated state or federal wetland.
| |
|
S =
|
Total land area (acres) inside the boundary
lines of the project parcel and containing slopes of 20% or greater.
| |
|
I =
|
The total acreage of required public improvements
(i.e., roads, sidewalks, stormwater management facilities).
| |
|
OS =
|
Minimum land area (acres) required for open
space.
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K.
Incentive density. Notwithstanding any contrary provision of the Town Law, this chapter, or Chapter 128, Zoning, that may limit or restrict the maximum residential density of a proposed conservation subdivision, an applicant proposing a conservation subdivision may also apply for an incentive adjustment to the maximum density requirements of this chapter in exchange for the preservation of significant open space and the provision of public facilities or amenities in accordance with § 128-51, Incentive zoning, of the Town Zoning Law. In authorizing the incentive adjustment to the maximum unit density pursuant to said section, the Planning Board shall ensure that the benefit to the Town is permanent and may require such easements, surety or other performance guaranties that the Board, in its sole discretion, deems necessary. Before authorizing an incentive adjustment, the Planning Board shall make a determination, in writing, that the preserved open space and other amenities meet the requirements of § 128-8 and/or 128-42 and/or 128-51 of the Town Zoning Law and/or Subsection C of this section, as applicable, and that the additional unit density would not have a significant adverse environmental impact.
L.
Existing structures. A proposed conservation plat
may be denied where the Planning Board finds that the location of
proposed boundary lines, relative to existing principal or accessory
structure(s) located on the parcel, or the location of proposed means
of ingress and egress for such existing structure(s) relative to proposed
new lots and adjoining property would create a conflict with the orderly
development and use of the lots of the conservation subdivision, or
of adjoining lots, or would not fulfill the purpose and intent of
this chapter.
M.
Minimum acreage per lot. The Planning Board shall
determine the minimum lot area and yard setbacks for each lot created
as part of a conservation subdivision.
N.
Unit mix. Notwithstanding any limitation on residential housing type
as set forth in the Schedule of Uses.[4] the conservation subdivision design may include a range
of residential housing types as a means of achieving housing diversity
and preserving open space. Within the conservation subdivision, the
number of dwelling units other than one-family, two-family and single-family
attached dwellings in structures of two units or less shall be limited
to not more than 1/3 of the total number of dwelling units.
[Amended 12-14-2016 by L.L. No. 5-2016]
O.
Location of open space.
[Amended 12-14-2016 by L.L. No. 5-2016]
(1)
The Planning Board is authorized to require the reconfiguration of
a conservation subdivision to ensure that the open space to be protected
under the plan generally consists of large contiguous land tracts
unbroken by intervening lots, structures, roads or driveways. In order
to achieve a continuity of open space lands and avoid fragmentation,
not less than 50% of the lands so preserved shall be continuous and
unbroken by intervening lot lines or boundary lines and shall, at
its narrowest point, not be less than 30 feet in width. Notwithstanding,
the Planning Board may waive the requirement that 50% of preserved
open space be continuous and unbroken in instances limited to the
following:
(a)
Where it finds that due to the configuration of the property,
there are physical or institutional constraints that inhibit attainment
of said 50% requirement; or
(b)
Where it finds that implementation of said 50% requirement would
result in a substantial reduction in the amount of land area that
would otherwise be preserved as open space.
(2)
In granting said waiver, the Planning Board shall also find that the configuration of the open space so provided is consistent with the goals, objectives and remaining standards of this section. In no instance shall the amount of open space provided be less than that required in § 103-18J(3) of this section.
P.
Pedestrian access. The Planning Board may require
that the conservation subdivision layout include sidewalks and trails
for pedestrian circulation. Such pedestrian accessways shall be designed
and installed to meet the needs of the residents of the conservation
subdivision.
Q.
Water supply and sewage disposal. Water supply and
sewage disposal facilities serving the conservation subdivision shall
be designed in accordance with all applicable County Health Department
standards and shall be prepared by a licensed professional engineer.
R.
Utilities. All telephone, natural gas, electric and
similar utilities serving the conservation subdivision shall be located
underground.
S.
Open space preservation requirements. All lands identified as having one or more of the features or characteristics identified in Subsection F that are not included in a conservation development plat as building lots, roads or parkland areas shall be set aside as permanent open space. The creation, preservation and management of open space to be protected as part of a conservation subdivision development shall be as follows:
(1)
Ownership. The preserved open space area may be:
(a)
Created as a separate parcel owned in common
by the residents of the conservation subdivision through a homeowners'
association (HOA) formed in accordance with state law and approved
by the office of the State Attorney General;
(b)
Created as a separate parcel owned in fee by
the Town of Bethlehem or by a qualified not-for-profit conservation
organization acceptable to the Town Board; or
(c)
Owned by one or more of the owners of the lots of the conservation
subdivision wherein the open space may comprise part of one or more
of the lots of the subdivision with an appropriate conservation easement,
restrictive covenant and/or deed restriction placed in the deed(s)
to said lot(s) to ensure the permanent preservation of the open space.
[Amended 12-14-2016 by L.L. No. 5-2016]
(2)
Prohibited use. No portion of the open space shall
be used for roads, building lots, utility structures, driveways, or
any principal or accessory structure, except for utility lines and
connections installed underground. In addition, no part of the open
space shall be used for residential, industrial, or commercial purposes
except in connection with active agricultural and forestry use.
(3)
Preservation and enforcement. Open space in a conservation subdivision
shall be permanently preserved as required by this section. Each lot
created as part of the conservation subdivision shall be granted individual
rights to enforce the restrictive covenants, restrictions of the conservation
easement(s) and/or deed restrictions protecting and preserving the
open space, and the Planning Board may require that the right of enforcement
also be granted to the Town or to a qualified conservation organization.
[Amended 12-14-2016 by L.L. No. 5-2016]
(4)
Plat notations. Open space created by a conservation subdivision
must be clearly labeled on the final plat as to its use, ownership,
management, method of preservation, and the rights, if any, of the
owners in the subdivision to such land. The plat shall clearly show
that the open space land is permanently reserved for open space purposes
and shall contain a notation indicating the liber and page of any
conservation easements, restrictive covenants or deed restrictions
required to be filed to implement such reservations or restrictions.
[Amended 12-14-2016 by L.L. No. 5-2016]
(5)
Permanent protection of open space. Open space shall be protected
by a conservation easement, restrictive covenant or appropriate deed
restriction restricting development of the open space land in perpetuity
and allowing use only for active agriculture, forestry, active or
passive recreation or protection of natural resources. Conservation
easements shall be governed by § 247 of General Municipal
Law and/or §§ 49-0301 through 49-0311 of the Environmental
Conservation Law. Said conservation easement may be granted to the
Town with the approval of the Town Board or to a qualified not-for-profit
conservation organization acceptable to the Town Board. Such restrictive
covenants, conservation easements and/or deed restrictions shall be
reviewed and approved by the Planning Board and be required as a condition
of plat approval hereunder.
[Amended 12-14-2016 by L.L. No. 5-2016]
(6)
Recording. The conservation easement, restrictive covenants and/or
deed restrictions shall be recorded in the Albany County Clerk's
office prior to or simultaneously with the filing of the conservation
subdivision final plat in the County Clerk's office.
[Amended 12-14-2016 by L.L. No. 5-2016]
Applicants are responsible for payment of all application, administrative and escrow fees as set by the Town Board as set forth in § 128-85 of the Town Zoning Law.
A.
Standards. A land division, as defined in § 103-8 of this chapter, may, upon the determination of the Town of Bethlehem Department of Economic Development and Planning, be exempt from the requirements of a subdivision application. In order to qualify for an exemption from the requirements of a minor or a major subdivision application the following conditions shall be met:
(1)
Land divisions are permitted in the R, RLL, RA, RB,
RC, CR, RR, RH and RLI Districts only. Land divisions involving property
located in any other district shall be subject to the procedures for
processing of a minor subdivision or a major subdivision.
(2)
In areas not served by central water and/or central
sewer facilities up to four lots may be created from a parent parcel
within any ten-year period, provided that not more than one new lot
may be created from a parent parcel in any twelve-month period. In
areas served by central water and/or central sewer facilities, no
more than one lot may be created from a parent parcel within any ten-year
period, unless the parent parcel is in agricultural use in an agricultural
district, in which case up to four lots may be created from the parent
parcel within any ten-year period. In all cases, a separate application
shall be required for each lot to be divided, and the Department shall
consider only a single land division from a parent parcel at any one
time. For purposes of this subsection, "served by central water and/or
central sewage treatment facilities" shall mean:
(3)
In all cases the size and configuration of the new lot and the remaining parent parcel shall be a buildable lot as defined in this chapter and Chapter 128, Zoning.
(4)
Each lot of a land division shall meet the area, yard and bulk requirements of Chapter 128, Zoning, for the district in which the lots are located.
(5)
No new streets or extensions to any existing street
shall be required.
(6)
Each new lot shall also meet the requirements of § 128-53, lots bordering streams, of the Zoning Law, and all local, state and federal standards regarding protection of freshwater wetlands, and § 128-49 of the Zoning Law and Chapter 98 of the Code of the Town of Bethlehem.
[Amended 11-14-2007 by L.L. No. 7-2007]
B.
Application for a land division shall be made on forms provided by the Department of Economic Development and Planning and shall contain the information outlined in § 103-32 of this chapter. In addition:
[Added 2-8-2012 by L.L. No. 1-2012]
(1)
Disclosure.
The applicant for a land division shall provide a written disclosure
of any future plans to further divide the parent parcel, including
plans for creation of central water supply and/or sewage treatment
facilities, and the Department shall give due consideration to 6 NYCRR
617.3(g)(1) of the State Environmental Quality Review Act as it relates
to segmentation.
(2)
Notice.
Upon receipt of an application for a land division, the Department
of Economic Development and Planning shall provide written notice
of such application to the owners of all properties abutting the parent
parcel. Where the parent parcel abuts a public road or highway, notice
shall also be provided to the owners of property on the opposite side
of said road or highway located directly across from the parent parcel.
For the purposes herein, "owner" shall mean the owner as recorded
on the latest tax roll kept by the Town Assessor. The notice shall
provide a brief description of the proposed land division, including
the acreages and owners involved, the land division process, and contact
information for the Department.
D.
Compliance with the State Environmental Quality Review
Act.[1] An application for a land division shall not be considered
complete until a negative declaration has been issued by the Department.
If the Department determines that the land division may have one or
more potentially significant environmental impacts, the application
shall be referred to the Planning Board and processed as an application
for subdivision approval.
[1]
Editor's Note: See Art. 8 of the Environmental
Conservation Law.
E.
Decision. In rendering its decision concerning an application for land division approval, the Department shall consider the purposes of this chapter as set forth in §§ 103-5 and 103-24 and shall give due consideration to the potential for the further division of the parent parcel. The Department may attach reasonable conditions to its approval of a land division in order to avoid or minimize any adverse effects on adjoining lands.
F.
Action on land division plat. The Department of Economic
Development and Planning shall, within 62 days of receipt of a complete
application, approve, conditionally approve with or without modification,
or disapprove the land division plat. When conditionally approving
a plat the Department shall state in writing the modifications, if
any, it deems necessary before the plat will be endorsed by the Director.
The Department shall also set forth in writing its reasons for any
disapproval.
G.
Filing of notice of action. Written notice of the
action of the Department, plus any conditions attached thereto, shall
be provided to the applicant, and a copy of such notice shall be filed
with the Town Clerk within five days of the date of approval.
H.
Duration of conditional approval. Conditional approval
of a land division plat shall expire within 180 days after the date
of approval by the Department unless all requirements and conditions
have been completed.
I.
Filing of final plat; expiration of approval. The
applicant shall file the approved final plat in the office of the
County Clerk within 62 days from the date of final approval or such
approval shall expire. The signature of the Director or other duly
authorized officer of the Department of Economic Development on the
plat shall constitute final approval.
J.
Filed plat map. Within 30 days of the date the final plat is filed with the County Clerk, the applicant shall submit one copy of the filed map showing the endorsement of the County Clerk to the Department. No building permit shall be issued for any lot created as part of a land division until such time that proof of filing is provided as required by this Subsection J.
[Amended 2-8-2012 by L.L. No. 1-2012]
K.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made to any land division plat
after endorsement of said plat by the Director unless said plat is
first resubmitted to the Department and the Department approves any
modifications. Such modified plat shall be resubmitted to the Department
for restamping and signature. In the event that any such land division
plat is recorded without complying with this requirement, the same
shall be considered null and void, and the Department shall institute
proceedings to have the plat stricken from the records of the County
Clerk.
A.
Planning Board approval required. Planning Board approval
shall be required for any changes in the location of a lot line shown
on a filed final plat that was previously approved by the Planning
Board.
[Amended 10-8-2008 by L.L. No. 3-2008]
B.
Application and fee. All applications for approval
shall be in writing and on forms and in such quantity as may be prescribed
by the Planning Board, together with a fee as set by the Town Board.
C.
Information waiver. The Department of Economic Development
and Planning may grant a waiver from the information requirements
of this chapter where it determines that such information is not relevant
to, or is not otherwise required to conduct, the review of the application.
E.
Applicant to attend Planning Board meetings. The applicant
or his duly authorized representative shall attend meetings of the
Planning Board at which the application is considered.
F.
Lot line revision criteria. A lot line revision shall
not be approved unless the Planning Board has determined that:
(1)
The lot line revision does not adversely affect the
development of the remaining lands within the subdivision.
(2)
The lot line revision does not adversely affect the
development and/or quiet enjoyment of adjoining property.
(3)
The lot line revision is consistent with the subdivision
approval(s) originally issued by the Planning Board by which the subject
parcel(s) was (were) established or amended.
(4)
The conditions of the subdivision approval(s) originally
issued by the Planning Board have been completed or have been waived
by the Planning Board.
G.
Filing of notice of action. Written notice of the
action of the Planning Board, plus any conditions attached thereto,
shall be provided to the applicant, and copy of such notice shall
be filed with the Town Clerk within five days of the date of approval.
H.
Duration of conditional approval of a lot line revision.
Conditional approval of the lot line revision plat shall expire within
180 days after the date of adoption of the resolution granting such
approval unless all applicable requirements stated in such resolution
have been completed. The Planning Board may extend by not more than
two additional periods of 90 days each the time in which a conditionally
approved plat must be submitted for signature if, in the Board's opinion,
such extension is warranted by the particular circumstances.
I.
Filing of lot line revision plat; expiration of approval.
The applicant shall file the approved lot line revision plat in the
office of the County Clerk within 62 days from the date of final approval
or such approval shall expire. The signature of the Chairman of Vice
Chairman or other duly authorized officer of the Planning Board signifying
final approval and completion of conditions of final approval by the
Planning Board shall constitute approval.
J.
Endorsement of the Chairman. Upon approval of the
lot line revision, the applicant shall carry out the following steps
prior to obtaining the Chairman's signature of approval:
(1)
Make all required corrections or changes to the lot
line revision plat as outlined in the resolution of the Planning Board
and provide one copy of the corrected final plat to the Secretary
of the Planning Board for final review by staff for compliance with
the resolution of the Planning Board. The applicant shall also complete
all applicable conditions of the Planning Board resolution approving
the final plat.
(2)
Provide Mylar and paper copies of the lot line revision
in such quantity as specified by the Planning Board to the Secretary
of the Planning Board for the endorsement of the Chairman. After the
Chairman has signed the Mylar and the paper copies of the plat, the
Secretary shall immediately notify the applicant of the availability
of the lot line revision plat. The applicant is solely responsible
for filing of the lot line revision plat with the County Clerk.
K.
Filed plat. Within 30 days of the date the lot line
revision plat is filed with the County Clerk, the applicant shall
submit one copy of the plat showing the endorsement of the County
Clerk to the Secretary of the Planning Board.
L.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made to any lot line revision
plat after the endorsement of the Chairman of the Planning Board unless
said plat is first resubmitted to the Planning Board and the Board
approves any modifications.
