Subdivisions of land are classified as follows:
A.
Exempt subdivision: Transfer of real property from
one parcel of land to an adjoining parcel such that no new lots are
created (transferred property must be merged with the receiving parcel),
provided that neither parcel is shown on a previously filed subdivision
map. No review pursuant to this article shall be required for such
actions; however, the transfer may not create or increase any nonconformance
to the dimensional requirements article of this chapter.[1]
B.
Minor subdivision: Subdivision of a parcel of land
into four lots or fewer, where no new public streets are required.
[Amended 8-28-2008 by L.L. No. 8-2008]
C.
Subdivision amendment:
(1)
Division of land for commercial, industrial or multifamily
residence use in a previously filed subdivision, where resultant parcels
are subject to Planning Board site plan review and no new public streets
or utilities are required.
(2)
Transfer of real property from one parcel of land
to an adjoining parcel such that no new lots are created, where any
of the affected parcels is shown on a previously filed subdivision
map.
D.
Major subdivision: Any subdivision not classified
as exempt, minor or an amendment. Any application made for further
subdivision of a lot or lots created in a minor subdivision within
five calendar years of the date of filing of the approved plan shall
be considered a major subdivision if the total number of lots created
from the original subdivided parcel is five or greater.
E.
Conservation subdivision: A major subdivision developed
pursuant to the provisions of the Conservation Development Overlay
District standards as set forth in the overlay districts article of
this chapter.[2] The Planning Board may, in its discretion, apply the overlay
district standards to a subdivision of land outside the limits of
the overlay district, subject to the additional general requirements
for conservation subdivisions as set forth below.
[Amended 6-28-2007 by L.L. No. 10-2007]
A.
General requirements.
(1)
Application. All applications for subdivision approval
shall be made by the owner of the property to be subdivided or by
a party with a purchase agreement for the property. The applicant
shall bear the sole responsibility for ensuring that all improvements
are completed in accordance with approved plans, specifications and
standards.
(2)
Compliance with land use law. The project shall conform
in all respects to the Land Use Law of the Town of Colonie,[1] except insofar as the area requirements may be modified
by the Planning Board pursuant to a conservation subdivision development.
Area requirements not specifically modified by a conservation subdivision
approval shall remain as specified in the Land Use Law. Subdivision
applications shall contain only those primary and accessory uses which
are permitted in the district in which the subdivision is proposed.
The Town Zoning Board of Appeals shall retain full jurisdiction to
grant both area and use variances as provided by the Land Use Law,
including the authority to further vary area requirements as modified
by the subdivision approval.
(3)
Compliance with Official Map and Comprehensive Plan.
The subdivision proposal shall conform to the Town's Official Highway
Map and to the Town Comprehensive Plan.
(4)
Compliance with other regulations. The applicant shall
comply with all applicable federal, state and local laws, rules and
regulations, including but not limited to the Town Highway Law, the
New York State Environmental Quality Review Act (SEQRA), the New York
State Freshwater Wetlands Act, the U.S. Environmental Protection Agency
and New York State Department of Environmental Conservation stormwater
runoff regulations.
(5)
Impact on health, safety and general welfare. The
project shall not be detrimental to the health, safety or general
welfare of persons residing in the vicinity nor injurious to property
or development in close proximity. Other pertinent information may
be required by the Planning Board or Town Board whenever necessary
for the proper review of potential impacts in relation to the health,
safety, welfare, comfort and convenience of the community.
(6)
Environmental quality. Preservation of all bodies
of water, groundwater, wetlands, steep slopes, hilltops, ridgelines,
major stands of trees, outstanding natural topography, significant
geological features, habitat for rare, unique, threatened, endangered
or protected species of plants and animals, and other areas of scenic,
ecological and historic value shall be a primary consideration in
the design of the subdivision; soil erosion and flood hazard shall
be minimized; air quality shall be within legal limits; and all potentially
ecologically disruptive elements of site preparation, such as blasting,
diversion of watercourses and the like, shall be conducted according
to the highest standards of professional care.
(7)
Location and dimension of buildings. The location,
arrangement, sizes and design of buildings, lighting and signs shall
be compatible with each other and with the site as a whole. Sufficient
separation between buildings shall be maintained to ensure adequate
access, circulation, light, air and solar access.
(8)
Pedestrian/bicycle accommodations. Separate pedestrian
or bicycle access and circulation may be provided both within the
site and to adjacent streets, with particular attention to all intersections
with vehicular traffic. Pedestrian and bicycle access issues on adjacent
streets may also be considered by the Town. All walkways and bikeways
proposed to be maintained by the Town within the project site shall
be identified on the plans and shall be hard surfaced, have a minimum
width of five feet, and meet applicable handicapped accessibility
requirements. All separate walkways and bikeways shall be safe, adequate
and convenient.
(9)
Handicapped accessibility. Pedestrian walkways, entrances
and exits, and parking designed for use by the handicapped shall be
provided in accordance with the requirements of New York State and
federal law (e.g., New York State Uniform Fire Prevention and Building
Code, the New York State Vehicle and Traffic Law, and the Americans
With Disabilities Act). Where the requirements of these laws conflict,
the most stringent requirements shall be met.
(10)
Fire protection. All proposed structures, service
areas, fire lanes, water distribution lines, hydrants, equipment and
material shall be designed to facilitate the protection of the proposed
structures from fire. Sufficient water supply shall be provided for
fire-fighting purposes.
(11)
Lot buildable area. All lots shall be laid out
to provide sufficient buildable area. Lots including areas of constrained
land shall have at least 75% of the minimum lot area required under
the dimensional requirements article of this chapter located outside
the boundaries of the constrained land.[2]
(12)
Frontage on street. Each lot shall have direct
frontage of at least 15 feet on an improved street and provision for
vehicular access to said street, in accordance with § 280a
of the State of New York Town Law. A greater frontage may be required
pursuant to other provisions of this chapter. Such frontage may be
on a public street or on a private street owned by a homeowners' association
or condominium association, in which the lot owner has an ownership
interest by virtue of membership in the association, and which street
connects to a public street. Vehicular access to the street may be
directly through the subject lot or by easement through an adjacent
lot or lots, subject to approval by the Planning Board.
(13)
Grading. All lots shall be graded to provide
positive drainage of surface water from all points on the lot to a
stormwater disposal system or drainage channel. The elevation at any
opening into a habitable building shall be raised at least 12 inches
from the elevation of the point of inlet to the storm system or drainage
channel, and a minimum slope of 1% shall be maintained between the
opening and the point of inlet.
(14)
Existing public streets and adjacent lands to
be kept clean. The applicant shall be responsible for keeping existing
public streets and adjacent lands free of debris, soil and other matter
which may accumulate due to construction related to the subdivision.
(15)
Other necessary permits or approvals. The applicant
shall obtain any necessary permits or approvals from state or county
agencies prior to issuance of any final subdivision approval.
(16)
Issuance of grading permit. A grading permit
as provided for in this chapter may only be applied for with respect
to any proposed subdivision upon receipt of a final subdivision approval.
Until such time, no grading or clearing shall be done on the subject
site.
[Added 8-28-2008 by L.L. No. 8-2008]
B.
Additional general requirements for minor subdivisions.
(1)
Adequate buffering shall be established to mitigate
the impacts of visual and noise pollution, to the satisfaction of
the PEDD.
(2)
All restrictive covenants proposed by the applicant
shall be submitted to the PEDD for the PEDD's information.
(3)
The PEDD, may, at its discretion, require the submission
of such additional information or reports as it deems necessary to
conduct its review.
(4)
The PEDD, may, at its discretion, require that provision
be made for public amenities and off-site improvements as conditions
of their approval, provided that the same have a rational nexus to
the subdivision. Such improvements or amenities shall be installed
or provided for prior to issuance of any building permits within the
subdivision. The PEDD may, at its discretion, accept the deposit with
the Town Comptroller of a cash escrow in an amount sufficient to complete
such requirements in cases where their completion would not be practical
prior to issuance of building permits. In such cases, a reasonable
time shall be set by the PEDD for completion of the work, and the
Town shall have the authority to use the funds on deposit to perform
the work if the applicant fails to so in the allotted time.
(5)
A minimum of two shade trees, two to 2 1/2 inches
in caliper, shall be planted or preserved in the front yard of each
lot, and three in each cul-de-sac island, unless waived by the PEDD.
C.
Additional general requirements for major subdivisions.
(1)
Adequate buffering shall be established to mitigate
the impacts of visual and noise pollution, to the satisfaction of
the Planning Board.
(2)
All restrictive covenants proposed by the applicant
shall be submitted to the Planning Board for the Board's information.
(3)
The Planning Board, may, at its discretion, require
the submission of such additional information or reports as it deems
necessary to conduct its review.
(4)
The Planning Board, may, at its discretion, require
that provision be made for public amenities and off-site improvements
as conditions of its approval, provided that the same have a rational
nexus to the subdivision. Such improvements or amenities shall be
installed or provided for prior to issuance of any building permits
within the subdivision. The Planning Board may, at its discretion,
accept the deposit with the Town Comptroller of a cash escrow in an
amount sufficient to complete such requirements in cases where their
completion would not be practical prior to issuance of building permits.
In such cases, a reasonable time shall be set by the Planning Board
for completion of the work, and the Town shall have the authority
to use the funds on deposit to perform the work if the applicant fails
to so in the allotted time.
(5)
All streets shall be deeded to the Town of Colonie,
except that, in a conservation subdivision, streets may, if deemed
appropriate by the Planning Board, be owned and maintained by a homeowners'
association or condominium association, provided that each lot owner
has an ownership interest in the streets by virtue of membership in
the association.
(7)
All water and sanitary sewer lines shall be designed
and installed in accordance with the Latham Water District Standard
Specifications for Water Distribution Systems and the Rules and Regulations
of the Department of Public Works, Division of Pure Waters, respectively.
(8)
All streets shall be laid out to provide a convenient
system of traffic flow, without causing undue hardship to adjoining
properties. The street layout shall provide for the extension of existing
major streets and future access to adjoining undeveloped lands.
(9)
Streets and lots should be laid out with consideration
to existing topography to minimize clearing and grading.
(10)
Lots adjacent to any major street shall be laid
out to avoid adverse effects due to traffic on the street. Protective
measures may include the provision of marginal access streets, driveway
backarounds or creation of deep lots with buffer strips.
(11)
A minimum of two shade trees, two to 2 1/2
inches in caliper, shall be planted or preserved in the front yard
of each lot, and three in each cul-de-sac island, unless waived by
the Planning Board.
(12)
Every residential building lot shall have conduit
for cable television lines installed across the entrance to any driveway
or other pavement built on the lot in the proposed location of the
cable television line at a minimum depth of 12 inches below finished
grade. Said conduit shall be installed by the applicant for the building
permit, or his agent, prior to paving of the driveway, and the location
of said conduit shall be shown on the foundation location plan for
the lot.
(13)
Landscaping. The plan must incorporate the preservation
and supplementation of existing vegetation and the screening of parking
and service areas from general view. The plant or other landscaping
materials that best serve the intended function shall be selected.
All plant materials shall conform to the American Standard for Nursery
Stock (ANSI Z60.1-1986) of the American Association of Nurserymen,
or equivalent standard accepted by the Town of Colonie Planning and
Economic Development Department, and shall be installed and maintained
in accordance with accepted industry practice. If for any reason specifically
identified elements of the landscape plan do not survive, the dead
material shall be removed and replaced by the property owner.
(14)
Open space. If the project results in a plat
showing lands available for a park, recreation or open space directly
related to the plat, then the Planning Board, as a condition of plat
approval, shall establish such conditions on the ownership, use and
maintenance of such lands shown on the plat as it deems necessary
to ensure the preservation of such lands for their intended purposes.
The subdivision shall result in the preservation of parkland, recreation
areas or open space land with suitable access, shape, dimension, character,
location and topography so as to be suitable, in the judgment of the
Planning Board, for such use.
(15)
Impact on infrastructure. The proposed project
shall not place an undue burden on the capacity of the existing infrastructure
(i.e., streets, drainage, and utilities). Should infrastructure capacity
be inadequate, the project sponsor shall be required to either make
the necessary improvements to the infrastructure to accommodate the
project or mitigate the impact on said infrastructure.
D.
Additional general requirements for conservation subdivisions.
A conservation subdivision of land located outside the boundary of
a conservation development overlay district shall be subject to the
provisions of the overlay districts article of this chapter[4] with respect to:
[Amended 6-28-2007 by L.L. No. 10-2007]
(1)
Density calculation and density increase.
(2)
Conservation analysis (except that the requirement
for preservation of a minimum of 40% of unconstrained land shall not
apply).
(3)
Lot sizes.
(4)
Other area and dimensional requirements.
(5)
Conservation development design.
(6)
Road standards.
(7)
Permanent open space.
(8)
Preservation by permanent easement.
(9)
Ownership of open space land.
A.
Minor subdivision. Application shall be made to the
Planning and Economic Development Department (PEDD) for minor subdivision
approval.
(1)
Zoning verification. An application for zoning verification
must be made to the Building Department as outlined in the overview
of permits and approvals article of this chapter.[1] The Building Department will issue its verification to
Planning and Economic Development Department (PEDD) and the applicant.
The PEDD will notify the applicant of necessary documentation to accompany
the application for subdivision review.
(2)
Final plan submission. The applicant shall present
a final plan submission to the PEDD as detailed herein. The final
plan submission shall include:
(a)
Narrative description of proposed project, including:
[1]
Address of site (street and number).
[2]
Name of applicant.
[3]
Site zoning.
[4]
Project acreage.
[5]
Description of existing site and use.
[6]
Description of intended site development and
use.
[7]
Proposed number of lots.
[8]
Impact on adjoining property, including noise,
visual, drainage.
[9]
Anticipated impact on services: quantify and
discuss impacts on traffic, sewer, water, solid waste, schools and
recreation.
(b)
Final subdivision plan, showing:
[1]
Title block with names of project, applicant
and map preparer; address of site; date of map; and work record with
revision dates.
[2]
Three-inch-by-three-inch block for the PEDD
approval stamp (at lower right side of plan).
[3]
Location and zoning plan at scale of one inch
equals 2,000 feet, oriented same as site plan.
[4]
North arrow.
[5]
Existing topography at contour intervals of
two feet or less, extending 100 feet from the site, and based on a
NGVD 1929 bench mark. (show bench mark on plan).
[6]
Existing utilities (location and size).
[7]
Owners and use of adjacent land.
[8]
Existing zoning, with location of any district
boundaries within 100 feet of property to be developed.
[9]
Existing limits of the Latham Water District.
[10]
Fire and school district boundaries
within the site.
[11]
Typical lot layout plan.
[12]
Exact boundary and lot lines,
including bearings and distances.
[13]
Lot areas in square feet.
[14]
Lot numbers, as approved by the
Town Assessor.
[15]
Front building setback line, with
setback dimension.
[16]
Location of all easements, with
boundary data for proposed easements. Easements must be numbered for
identification.
[17]
Notes per Town standard final
plans.
[18]
The following additional standard
notes:
[a]
"The applicant shall comply with
all applicable federal, state and local laws, rules and regulations,
including but not limited to the State Environmental Quality Review
Act (SEQR), freshwater wetlands permit regulations, the Town grading
law, the Town watercourse area management law, and the Town floodplains
management law.
[b]
"Contours shown on this plan represent
existing topographic conditions. For proposed grades, refer to grading
plan (sheet _____ of _____).
[c]
"The applicant shall be responsible
for keeping existing public highways and adjacent lands free of debris,
soil and other matter which may accumulate due to construction related
to the site.
[d]
"All plant materials installed
pursuant to this subdivision plan shall conform to the American Standard
Nursery Stock (ANSI Z60.1-1986) of the American Association of Nurserymen
or equivalent recognized standard and shall be installed and maintained
in accordance with accepted industry practice.
[e]
"All required erosion control measures
shall be installed and the Planning and Economic Development Department
shall be notified prior to issuance of any grading permit or any soil
disturbance."
[20]
Grading plan (on separate sheet),
which shall show:
[a]
Existing and proposed contours
at two-foot intervals.
[b]
Schematic locations of proposed
structures on each lot.
[c]
Lot layout.
[d]
Rim elevations for storm structures.
[e]
Invert elevations for end sections.
[f]
Clearing and grading limit lines.
[g]
Standard note regarding minimum
garage floor elevations from standard subdivision grading plan.
[h]
Note stating that driveway grades
will not exceed 10%.
[i]
Minimum garage floor elevations
for each lot.
[j]
Proposed erosion control measures.
[21]
Stamp and signature of a New York
State licensed professional: Plans shall be prepared by an engineer,
surveyor, architect or landscape architect licensed by the State of
New York and authorized under his or her New York license to execute
the plans and contents thereof.
(c)
Stormwater pollution prevention plan, including
stormwater management report in accordance with the Town's standard
format.
[Amended 6-28-2007 by L.L. No. 10-2007]
(d)
Any additional engineering reports, supporting
documentation or other information as may be required by the PEDD
to complete its review.
(e)
Affidavit by the applicant stating that he or
she has searched or caused to be searched all available public records
and the names of property owners shown on the map are correct as of
the date of the map.
(f)
Affidavit by a surveyor stating that he or she
has searched all available public records and the limits and owners
of all properties shown on the map are correct as of the date of the
map.
(g)
A copy of any restrictive covenants proposed
by the applicant or a letter from the applicant stating that no such
restrictions will be applied.
(h)
County Public Works Department or New York State
Department of Transportation approval, if applicable.
(i)
New York State Department of Environmental Conservation
approval, if applicable.
(j)
Metes and bounds description and map, 8 1/2
inches by 11 inches, prepared and signed by a licensed surveyor, of
any area of the subdivision outside the limits of the Latham Water
District.
(k)
Review fee in accordance with the fee schedule
established by the Town Board.
(l)
Approved Building Department zoning verification.
(m)
Completed application form.
(n)
Environmental assessment form.
(o)
Photographs of site.
(p)
Digital image file of the final subdivision
plan in format acceptable to the PEDD.
[Amended 6-28-2007 by L.L. No. 10-2007]
(3)
Review submittal for completeness.
(a)
The PEDD shall review the submittal for completeness
and shall notify the applicant as to its determination. If the submittal
is complete, the PEDD shall refer the proposal to such other agencies
as it deems appropriate.
(b)
The applicant may review the proposal with the
staff of the PEDD prior to submitting a formal application.
(c)
Referral to Albany County Planning Board. The
PEDD shall, when applicable, refer the subdivision application to
the Albany County Planning Board for review, in accordance with § 239n
of the General Municipal Law.
(d)
PEDD review. The PEDD shall review the submission
and accept, accept with modifications or reject the proposal within
45 days of the date of receipt of the complete application. However,
no such decision shall be made until all requirements of SEQR have
been met. This time may be extended by mutual written consent of the
applicant and the PEDD. The PEDD shall notify the applicant in writing
of its decision.
(e)
Appeal. In the event that the plan is rejected,
the applicant may appeal the decision of the PEDD to the Planning
Board.
(f)
Conditional approval. If the subdivision is
conditionally approved, the PEDD shall notify the applicant in writing
of the conditions which must be fulfilled before final plans may be
stamped. Where the approval of any county, state or federal agency
is required for development of the subdivision, the applicant shall
be required to obtain said approval as a condition of approval of
the final submission, prior to submitting final plans for signature.
Conditional approval of a subdivision shall expire 180 days after
the granting of said approval, unless the requirements have been completed
within that time. The PEDD may, however, extend the time within which
a conditionally approved subdivision may be submitted in final form,
if in its opinion such an extension is warranted in the circumstances,
for a time not to exceed two additional periods of 90 days each.
(g)
Submission of the subdivision in final form.
Upon submission of the subdivision in final form, the PEDD shall affix
its stamp of approval to the plans, and the plans shall be signed
and dated. The applicant shall provide copies of the final plans in
such amounts as shall be determined by the PEDD to be necessary for
this purpose.
(h)
Submission to the Town Attorney. The PEDD shall
submit necessary plans to the Town Attorney, and the Town Attorney
shall file the approved subdivision plans in the office of the County
Clerk of the County of Albany and shall provide the PEDD with notice
of such filing, with the date of filing and the drawer and map number
under which the plan has been filed. If any subdivision plan is not
so filed within 60 days of the date upon which the plan is signed
by the PEDD, the approval of the subdivision shall become null and
void.
(i)
Notice of filing. Upon submission to the PEDD
of notice of filing of the plan, and submission and approval of grading
and landscaping plans for individual lots if required, the PEDD will
advise the Building Department in writing that building permits may
be issued for lots within the subdivision.
(j)
Verification. Upon verification of completion
of landscaping and grading requirements for individual lots in accordance
with approved plans, the PEDD will advise the Building Department
in writing that certificates of occupancy may be issued for lots within
the subdivision.
(k)
Amendments. The PEDD may, upon application by
the owner of any parcel of land within an approved subdivision, amend
any condition of the subdivision approval as it affects that parcel.
The PEDD may require the written agreement of all owners of property
adjoining the subject parcel or all owners of property within the
subdivision before approving the amendment.
B.
Major subdivision review procedure.
(1)
Presubmission conference. Major subdivision applications
shall have a presubmission conference with the Development Coordination
Committee (DCC).
(a)
The purpose of such conference shall be to give
both the Town and the applicant an opportunity to gain a better perspective
on the ramifications of the proposal. This conference does not constitute
a formal submission of an application. The applicant shall prepare
a sketch plan and narrative description of the project and provide
copies as requested by the PEDD prior to the presubmission conference.
(b)
The DCC shall provide project direction and
feedback on the sketch plan to the applicant, based on the professional
expertise of the DCC, the Town's current planning documents and the
design guidelines and other requirements of this chapter.
(2)
Application for zoning verification. An application
for zoning verification must be made to the Building Department as
outlined in the overview of permits and approvals article of this
chapter.[2] The Building Department will issue its verification to
the Planning and Economic Development Department (PEDD) and the applicant.
The PEDD will notify the applicant of necessary documentation to accompany
the application for subdivision review.
(3)
Concept submission. Applications shall be submitted
to the PEDD, which shall review the submittal for completeness. Once
the PEDD has received a complete application, the PEDD shall notify
the applicant and refer the proposal to such other agencies as it
deems appropriate and shall place the proposal on the Planning Board
meeting agenda for presentation by the applicant to the Planning Board.
Concept submission shall include:
(a)
A narrative description of the proposed project,
describing its purpose, the proposed method of preservation and disposition
of parks, recreation areas or open spaces, and its impact on the immediate
area of influence and on the Town in general (school, traffic generation,
population, utilities, aesthetics, and land use compatibility), and
also including the following:
[1]
Address of site (street and number).
[2]
Name of applicant and name of person or entity
responsible for compliance with all regulations.
[3]
Site zoning.
[4]
Project acreage.
[5]
Description of existing site and use, including
significant natural and scenic qualities of the site, environmentally
unique or fragile areas, and historically significant structures or
sites to be preserved. Describe prior uses of the site. All possible
contaminants on the site shall be identified and reported.
[6]
Description of intended site development and
use.
[7]
Proposed number of lots.
[8]
Impacts on adjoining property, including noise,
visual and drainage.
[9]
Anticipated impact on services: quantify and
discuss impacts on traffic, sewer, water, solid waste, emergency services,
schools and recreation.
[10]
Description of proposed provisions
for ownership and maintenance and use of common lands and facilities.
[11]
Description of type of structures
proposed.
(b)
A site analysis diagram at a scale of one inches
equals 100 feet or larger (sheet size shall be 22 inches by 34 inches
or 30 inches by 42 inches, folded to 8 1/2 inches by 11 inches),
including:
[1]
Title block with names of project, applicant
and map preparer; address of site; date of map; and work record with
revision dates.
[2]
Location and zoning map at a scale of one inch
equals 2,000 feet as inset; map shall be oriented the same as the
site analysis plan.
[3]
North arrow.
[4]
Boundary line of property to be subdivided.
[5]
Existing topography, at contour intervals of
two feet or less, based on a recent survey related to NGVD 1929 bench
mark, and extending 100 feet from the site.
[6]
Existing streets, structures, utilities, site
improvements and other man-made features, on and within 100 feet of
the property, with setback dimensions for structures.
[7]
Boundary of both sides of any existing highway
adjoining site, including paper streets, with right-of-way width in
feet.
[8]
Existing easements.
[9]
Existing zoning district, with district boundaries
within 100 feet of the site.
[10]
Existing limits of the Latham
Water District on or adjacent to the site, and a note stating that
the site is entirely inside, entirely outside or partially within
the district.
[11]
Names of all adjoining property
owners.
[12]
Identification, by both verbal
description and graphic depiction, of all adjacent land uses.
[13]
Location and description of existing
vegetation (species, size and condition), watercourses, wetlands,
floodplains, steep slopes, rock outcroppings, and other natural features,
with applicable regulatory limits.
[14]
Soil analysis describing soil
types, surface and subsurface rock and groundwater conditions.
[15]
Historical and archeological sites.
[16]
Identification of any areas of
possible contamination.
[17]
Identification of visual features
such as smokestacks, borrow pits, overhead utility lines, junkyards,
refuse areas and billboards (if none, so note).
[18]
Identification of sources of smoke,
noise, odors or other emissions (if none, so note).
(c)
Conceptual plan (sheet size shall be 22 inches
by 34 inches or 30 inches by 42 inches, folded to 8 1/2 inches
by 11 inches); all information to be shown on a single sheet. When
plan consists of multiple sheets with match lines, a one-inch-equals-two-hundred-feet
overall plan must also be submitted. Plans shall include all information
shown on the site analysis plan and the following additional information:
[1]
Proposed street and lot layout with approximate
dimensions.
[2]
Sight distance dimensions at intersections with
existing streets, and analysis of compliance with standards.
[3]
Proposed street names.
[4]
Proposed lot numbers.
[5]
Proposed utilities.
[6]
Proposed easements.
[7]
Proposed landscaping.
[8]
Proposed drainage concept.
[9]
Approximate limits of clearing and grading.
[10]
Signed and dated statement by
applicant as follows:
|
I, __________, do hereby submit this concept
subdivision plan for review by the Town of Colonie Planning Board.
I understand that a concept development plan is intended to be a flexible
design concept which may be readily changed as deemed necessary prior
to the work required for a detailed final subdivision plan. I understand
any approval by the Town of Colonie Planning Board of this concept
plan is expressly related to conditions as set forth on said plan,
and the Town of Colonie Planning Board is not bound by said plan if
field conditions are in fact different.
|
[12]
Stamp and signature of licensed
land surveyor or separate survey plan bearing the stamp and signature.
(d)
Conceptual plans for conservation subdivision
development shall also include:
(e)
Approved Building Department zoning verification
(for conventional subdivision concept only).
(f)
Photographs of the site, including, but not
limited to, a street view and any significant environmental features.
(g)
Such additional reports, maps or materials as
the Planning Board may reasonably request and deem necessary to make
the determinations required by the SEQRA and applicable provisions
of this chapter.
(h)
Planning Board application form.
(i)
Completed environmental assessment form.
(j)
Review fee in accordance with the fee schedule
established by the Town Board.
(k)
Copy of deed conveying property to current owner
and, if the applicant is not the owner, a copy of the purchase agreement.
(l)
Digital image files of a full set of concept
subdivision plans in a format acceptable to the PEDD.
[Amended 6-28-2007 by L.L. No. 10-2007]
(m)
If the applicant desires a waiver of architectural
review for a conservation subdivision, then a request for same must
be included at this time.
[Amended 6-28-2007 by L.L. No. 10-2007]
(n)
Conceptual plans for conservation subdivision
development shall also include:
[Amended 6-28-2007 by L.L. No. 10-2007]
(4)
Planning Board meeting agenda. Once the Planning and
Economic Development Department has received a complete application,
the PEDD shall notify the applicant and refer the proposal to such
other agencies as it deems appropriate and shall place the proposal
on the Planning Board meeting agenda for presentation by the applicant
to the Planning Board.
(5)
Referral to the Albany County Planning Board. The
PEDD shall, when applicable, refer the subdivision application to
the Albany County Planning Board for review, in accordance with § 239n
of the General Municipal Law.
(6)
Presentation to the Planning Board. The applicant
shall present the proposal to the Planning Board. No concept submission
shall be considered complete until all requirements of the State Environmental
Quality Review Act have been met. The environmental review shall be
conducted concurrently with the Board's review of the concept submission.
Based on its review and such recommendations as it may receive from
the PEDD and other agencies and departments, the Board shall act to
accept, reject or request modification of the conceptual plan. Failure
to act does not constitute approval.
(a)
In the event that the conceptual plan is rejected,
the applicant may revise and resubmit the conceptual plan, withdraw
the application or prepare a final submittal in accordance with the
rejected conceptual plan and apply for final subdivision plan review
and approval.
(b)
In the event that a modification is requested,
the applicant shall resubmit the modified plan to the PEDD for review
as described above under the initial approval process.
(7)
Expiration of conceptual plan acceptance. Any Planning
Board conceptual plan acceptance shall be valid for one year from
the date of issuance. Conceptual acceptance may be extended for one
additional year upon written request by the applicant and after due
consideration by the Planning Board.
(8)
Division into two or more sections for preparation
of final submission. The Planning Board may permit the subdivision
to be divided into two or more sections for preparation of final submission.
In this case, the first section must be submitted in final form within
one year of the date of concept acceptance and must contain at least
10% of the total number of lots within the subdivision. Acceptance
of the concept submission shall become null and void with respect
to any section not submitted in final form within three years of the
date of said acceptance.
(9)
Final subdivision plan review and approval. Upon acceptance
of a conceptual plan by the Planning Board or in the event that an
applicant wishes to proceed with a rejected conceptual plan, the applicant
shall prepare and submit a final subdivision plan to the PEDD. Final
submission shall include:
(a)
Final subdivision plan at same scale as concept
submission, showing:
[1]
Title block, including name of project, name
of applicant, name of map preparer, date of map, address of property,
and record of revisions indicating date and purpose of each revision.
[2]
Three-inch-by-three-inch block for Planning
Board approval stamp (at lower right side of plan).
[3]
Three-inch-by-six-inch block for the Albany
County Health Department stamp (at lower right side of plan).
[4]
Small-scale location and zoning plan at a scale
of one inch equals 2,000 feet, oriented same as site plan.
[5]
North arrow.
[6]
Existing topography at contour intervals of
two inches or less, extending 100 feet from the site, and based on
a NGVD 1929 bench mark. (show bench mark on plan)
[7]
Limits of regulated wetlands, floodplains and
protected watercourse areas. Wetlands to be removed and those to remain
or be created must be clearly distinguished and labeled as such.
[8]
Owners and uses of adjacent land.
[9]
Existing zoning, with location of any district
boundaries within 200 feet of property to be developed.
[10]
Existing limits of the Latham
Water District.
[11]
Fire and school district boundaries
within the site.
[12]
Exact boundary and lot lines,
including bearings and distances.
[13]
Lot areas in square feet.
[14]
Proposed lot numbers, as approved
by the Town Assessor.
[15]
Front building setback line, with
setback dimension.
[16]
Typical lot layout plan, showing
schematic building location; minimum building setback dimensions for
principal and accessory structures; and proposed utility services.
[17]
Existing utilities (location and
size).
[18]
Proposed street names.
[19]
Exact layout and dimensions of
proposed streets.
[20]
Location of existing and proposed
highway boundary monuments.
[21]
Plans for removal of existing
temporary turnaround, where applicable.
[22]
Proposed utilities (location,
size and connection to existing utilities).
[23]
Location of all easements, with
boundary data for proposed easements. Easements must be numbered for
identification.
[24]
Location of any proposed signage.
[25]
The following standard notes:
[a]
"The subdivision is _____ acres
in area.
[b]
"The subdivision lies within a
_____ zoning district.
[c]
"The subdivision is divided into
_____ lots.
[d]
"The average lot area is _____
square feet.
[e]
"The subdivision lies within the
_____ school district and the _____ fire district.
[f]
"Building setback lines are shown
on this plan for illustrative purposes, based on current Land Use
Law requirements, and are not intended to represent conditions of
approval of the subdivision.
[g]
"The applicant shall comply with
all applicable federal, state and local laws, rules and regulations,
including but not limited to the State Environmental Quality Review
Act (SEQR), freshwater wetlands permit regulations, the Town grading
law, and the Town floodplains management law.
[h]
"All elevations shown hereon are
related to National Geodetic Vertical Datum (NGVD 1929).
[i]
"Contours shown on this plan represent
existing topographic conditions. For proposed grades, refer to grading
plan (sheet _____ of _____).
[j]
"No slope shall exceed three horizontal
to one vertical unless otherwise shown on these plans.
[k]
"The applicant shall be responsible
for keeping existing public highways and adjacent lands free of debris,
soil, and other matter which may accumulate due to construction related
to the site.
[l]
"All required erosion control measures
shall be installed and the Planning and Economic Development Department
shall be notified prior to issuance of any grading permit or any soil
disturbance.
[m]
"Location of all existing utilities
to be verified at time of construction.
[n]
"Backfill used in trenches excavated
in existing roadways shall be placed in maximum six-inch lifts and
compacted by means of a mechanical compactor between lifts.
[o]
"Backfill material around proposed
or existing structures shall be placed in maximum six-inch lifts and
compacted by means of a mechanical compactor between lifts.
[p]
"Streets and storm sewers shall
conform to the Town of Colonie Highway and Drainage Standards.
[q]
"Buildings with basements or crawl
spaces will be allowed only on lots with direct access to a storm
sewer catch basin or junction box and shall have a plastic pipe with
a check valve for a sump pump connection.
[r]
"No sump pump, cellar or footing
drain shall be connected to any sanitary sewer.
[s]
"The subdivision lies inside/outside/partially
within the Latham Water District.
[t]
"Water mains and hydrants shall
be installed, tested and accepted in accordance with Latham Water
District's Standard Specifications for Water Distribution System.
[u]
"Hydrants at the end of dead-end
runs require restraint on the last three full-length sections of water
main.
[v]
"Sanitary sewers shall be installed
and accepted in accordance with the Town of Colonie Division of Pure
Waters Rules and Regulations, and with sewer improvement area Number
_____.
[w]
"Where possible, sewer mains shall
be laid at least 10 feet horizontally and 18 inches vertically from
any existing or proposed water main. When vertical separation cannot
be maintained, sewer mains shall be ductile iron Class 52 or PVC CL160,
SDR26 pipe.
[x]
"All plant materials installed
pursuant to this subdivision plan shall conform to the American Standard
Nursery Stock (ANSI Z60.1-1986) of the American Association of Nurserymen
or equivalent recognized standard, and shall be installed and maintained
in accordance with accepted industry practice.
[y]
"A minimum of two trees of 2 1/2
inches minimum caliper (deciduous trees) or six feet minimum height
(evergreen trees) shall be preserved or planted in each front yard.
[z]
"A minimum of three trees of 2 1/2
inches minimum caliper (deciduous trees) or six feet minimum height
(evergreen trees) shall be preserved or planted in each cul-de-sac
island. Trees shall be shallow-rooted and be located a minimum of
five feet from any pipeline.
[aa]
"These plans are approved for
cluster subdivision development in accordance with § 278
of the New York State Town Law and the Town of Colonie's rules and
regulations pursuant thereto. Open space areas designated on these
plans are to remain undeveloped in consideration of modification of
lot area requirements as provided in § 278 and the Town's
rules and regulations. No alteration or use of said open space areas,
unless expressly provided for on these plans, may be made without
authorization from the Town of Colonie Town Board and approval by
the Town of Colonie Planning Board (for conservation subdivisions
only).
[bb]
"No fencing other than that shown
on these plans shall be installed within this subdivision (for conservation
subdivisions only)."
[26]
Where applicable, the following
notes shall be placed in bold type, separated from other notes so
as to be readily visible, and must be included in contracts for sale
and deeds for each lot:
[a]
"This subdivision lies within the
Albany International Airport noise exposure area and may be subject
to periodic noise due to airport traffic. A noise study describing
this impact in detail is available in the offices of the Albany Airport
Authority, the Albany County Economic Development, Conservation and
Planning Office and the Town of Colonie Planning and Economic Development
Department.
[b]
"The stormwater management system
for this subdivision includes stormwater management basins that may
contain periodic or persistent standing water.
[c]
"The protected watercourse area
identified on these plans may not be disturbed without applicable
approvals from the Town of Colonie. (This note should be referenced
at the points on the plans where the watercourse area is labeled.)
[d]
"Wetlands identified on these plans
may not be disturbed without applicable approvals from the U.S. Army
Corps of Engineers and/or New York State Department of Environmental
Conservation. These areas may be subject to periodic or persistent
standing water conditions. (This note should be referenced at points
on the plans where wetlands are labeled.)
[e]
"The floodplain area identified
on these plans may not be disturbed without applicable approvals from
the Town of Colonie. (This note should be referenced at the points
where the floodplain is labeled.)
[f]
"_____ Street is intended to be
extended in the future to provide access for development of adjacent
lands. (Apply to any street terminating in a temporary turnaround.)"
[28]
Grading plan (on separate sheet),
which shall show:
[a]
Existing and proposed contours
at two-foot intervals.
[b]
Schematic locations of proposed
structures on each lot.
[c]
Street and lot layout.
[d]
Utility layout.
[e]
Rim elevations for storm structures.
[f]
Invert elevations for end sections.
[g]
Clearing and grading limit lines.
[h]
Standard note regarding minimum
garage floor elevations from standard subdivision grading plan.
[i]
Note stating that driveway grades
will not exceed 10%.
[j]
Minimum and maximum garage floor
elevations for each lot.
[k]
Proposed erosion control measures.
[l]
Location of and data on soil tests,
groundwater elevation.
[29]
The proposed location, size and
design of all playgrounds, recreation areas and lands reserved for
open space.
[31]
Stamp and signature of a New York
State licensed professional: Plans shall be prepared by an engineer,
surveyor, architect or landscape architect licensed by the State of
New York and authorized under his or her New York license to execute
the plans and contents thereof.
[32]
Any other features the Planning
Board may request.
(b)
For conservation subdivisions only.
[1]
Approved Building Department zoning verification.
[Added 6-28-2007 by L.L. No. 10-2007]
[2]
Architectural designs, prepared by a qualified
licensed professional, depicting proposed buildings, which plans shall
include:
[3]
A snow removal plan which includes areas reserved
for the placement of snow removed from common parking areas and any
cul-de-sac streets.
[4]
A lighting plan which shall show all parking
lot lighting, street lighting, walkway lighting, and decorative lighting
proposed for the site.
[5]
Any other features the Planning Board may request.
The Planning Board may require changes in design elements that will
make the project more harmonious with the natural environment of the
site and more in keeping with the character of the neighborhood. If
authorized by the Town Board, the Planning Board may waive the requirement
for submittal and review of architectural designs if the applicant
proposes to construct conventional, detached homes.
(c)
Stormwater pollution prevention plan, including
stormwater management report in accordance with the Town's standard
format and highway and drainage standards.
[Amended 6-28-2007 by L.L. No. 10-2007]
(d)
For projects involving public sewer, water,
highway or drainage:
[1]
Required warranty deeds, real property transfer
gains tax affidavits and boundary maps, 8 1/2 inches by 11 inches
or 8 1/2 inches by 14 inches, certified to Town and title company.
[Amended 6-28-2007 by L.L. No. 10-2007]
[2]
Construction time estimate sheet.
[3]
Inspection escrow and agreement, with insurance
certificate.
[4]
Plan/profile drawings in accordance with Town
subdivision standard plans.
[5]
Engineer's reports for sanitary sewer and water
systems.
[7]
Title insurance commitment for streets.
(e)
Any additional engineering reports, supporting
documentation or other information as may be required by the Planning
Board to complete its review.
(f)
Affidavit by applicant stating that he or she
has searched or caused to be searched all available public records
and the names of property owners shown on the map are correct as of
the date of the map.
(g)
Affidavit by surveyor stating that he or she
has searched all available public records, and the limits and owners
of all properties shown on the map are correct as of the date of the
map.
(h)
A copy of any restrictive covenants proposed
by the applicant or a letter from the applicant stating that no such
restrictions will be applied.
(i)
A copy of the proposed declaration of covenants
and restrictions for any proposed homeowners' association.
(j)
County Public Works Department or New York State
Department of Transportation approval, if applicable.
(k)
County Health Department approval, if applicable.
(l)
New York State Department of Environmental Conservation
approval, if applicable.
(m)
Metes and bounds description and map 8 1/2
inches by 11 inches in size, prepared by a licensed surveyor, of any
portion of site outside the Latham Water District.
(n)
Archeological assessment for sites shown on
the state map of archeologically significant areas.
(o)
Digital image files of a full set of final subdivision
plans in a format acceptable to the PEDD.
[Amended 6-28-2007 by L.L. No. 10-2007]
(10)
Review for completeness. The PEDD shall review
the final submission for completeness, conformance to technical requirements,
and conformance to the Planning Board's acceptance of the concept
submission. If the submission is incomplete or not in conformance,
the PEDD shall notify the applicant in writing.
(11)
Completion of required technical reviews. Upon
satisfactory completion of required technical reviews, the PEDD shall
notify the applicant and refer the submittal to the Planning Board
for its action.
(12)
Public hearing. Upon receipt of a complete final
submission, the PEDD shall request that the Planning Board schedule
a public hearing on the proposal. The hearing shall be advertised
in the official newspaper of the Town of Colonie at least five days
before the date of the hearing. The PEDD shall notify the applicant
of the date, time and place of the hearing.
(a)
Notification.
[Added 4-11-2013 by L.L. No. 8-2013]
[1]
Following submission of an application for a major subdivision
related to a parcel or parcels located in a Single-Family Residential
or Multifamily Residential Zoning District, the applicant shall provide
written notice of the public hearing to all owners whose properties
are located partially or wholly within a five-hundred-foot distance
from the perimeter of the subject parcel(s) proposed for subdivision
approval.
[2]
The notice of public hearing shall contain, at a minimum, the
name of the applicant, the subject parcel address, a brief description
of the proposed project, including the total acreage involved, the
total number of lots, and the location of proposed roadways, as well
as the date, time and place of the hearing. Notices must also contain
the following statement: "Landlords are strongly encouraged to notify
tenants of the contents of this notice."
[3]
The notice of public hearing must be mailed at least 10 days
or personally delivered at least five days before the scheduled date
of the public hearing. Notices may be personally delivered or sent
by regular mail. If a notice is undeliverable by the United States
Postal Service or delivery is refused by the addressee, no further
notification efforts for such addressee are required by the applicant.
[4]
The applicant must also place placards provided by the Town
on the subject parcel(s).
[5]
The applicant shall submit the following proof of notification
to the Planning and Economic Development Department at least two business
days prior to the scheduled date of the public hearing:
[a]
A copy of a portion of the Tax Map depicting the
subject parcel(s) and all lands which are located partially or wholly
within a five-hundred-foot distance from the perimeter thereof.
[b]
A schedule of the names and addresses of the property
owners whose parcels are located partially or wholly within a five-hundred-foot
distance from the perimeter of the subject parcel(s).
[c]
A sworn affidavit of delivery and posting of notices
demonstrating that written notice of the public hearing was provided
to all owners whose parcels are located partially or wholly within
a five-hundred-foot distance from the perimeter of the subject parcel(s).
This affidavit shall list the addresses of owners to whom notice was
mailed or personally delivered, and attach copies of all written notices
and a map showing where placards were posted.
(13)
Presentation to the Planning Board. The applicant
or his or her representative shall present the final submission to
the Planning Board at the public hearing.
(14)
Approval. The Planning Board shall, within 45
days from the date of the public hearing, act to conditionally approve,
conditionally approve with modification, disapprove or grant final
approval. This time may be extended by mutual written consent of the
applicant and the Planning Board. Failure to act does not constitute
approval.
(15)
Approval with modification. In the event that
an approval with modification is made, the applicant shall submit
the modified plan to the PEDD and, upon completion of such further
technical review and consultation with the Planning Board as may be
necessitated by the modification, the PEDD shall verify that the submittal
is in accordance with the Board's decision.
(16)
Approval of any county, state or federal agency.
Where the approval of any county, state or federal agency is required
for development of the subdivision, the applicant shall be required
to obtain said approval as a condition of approval of the final submission,
prior to submitting final plans for signature.
(17)
Expiration of conditional approval. Conditional
approval of a subdivision shall expire 180 days after the granting
of said approval, unless the requirements have been completed within
that time. The Planning Board may, however, extend the time within
which a conditionally approved subdivision may be submitted in final
form, if in its opinion such an extension is warranted in the circumstances,
for a time not to exceed two additional periods of 90 days each.
(18)
Division into two or more sections for preparation
of final approval. Prior to granting conditional or final approval,
the Planning Board may permit or require the subdivision to be divided
into two or more sections. Conditional or final approval of the sections
shall be granted concurrently with conditional or final approval of
the subdivision.
(19)
Submission to the Albany County Department of
Health. The PEDD shall submit the final plans to the Albany County
Department of Health for its review and approval. Upon approval, the
applicant shall provide to the Department of Health copies of the
final plans in such amounts as shall be determined by the PEDD to
be necessary for distribution and shall return the plans to the PEDD
with the Department of Health's stamp of approval.
(20)
Affix the stamp of the Planning Board. The PEDD
shall affix the stamp of the Planning Board's approval to the plans.
(21)
Signed by the Planning Board. The plans shall
be signed by the Planning Board's designated agent and the Town Superintendent
of Highways, and the dates of signing noted.
(22)
Submission to the Town Attorney. The PEDD shall
submit necessary plans to the Town Attorney, and the Town Attorney
shall file the approved subdivision plans in the office of the County
Clerk of the County of Albany, and shall provide the PEDD with notice
of such filing, with the date of filing and the drawer and map number
under which the plan has been filed. If any subdivision plan is not
so filed within 60 days of the date upon which the plan is signed
by the Planning Board's designated agent, the approval of the subdivision
shall become null and void.
(23)
Filing of section of approved subdivision. In
the event the applicant shall file only a section of the approved
subdivision in the office of the County Clerk, the entire approved
subdivision shall be filed within 30 days of the filing of such section
with the Town Clerk of the Town of Colonie, together with proof of
filing of the first section. Such section shall encompass at least
10% of the total number of lots contained in the approved subdivision.
Approval of the remaining sections shall expire unless said sections
are filed with three years of the date of the Planning Board's action
granting final approval.
(24)
Construction inspection. Upon filing of the
final subdivision approval and such other permits and approvals as
may be necessary, the applicant shall develop the site in strict compliance
with the approved plans and in conformance with such additional conditions
as may have been imposed by the Planning Board in granting conceptual
or final subdivision approval. The Planning Board may request that
the Town's Construction Inspector act as its agent for the purpose
of assuring satisfactory completion of required improvements in addition
to those included in the Inspector's responsibilities pursuant to
the Town Highway Law. The costs of required inspections shall be borne
by the applicant and shall be paid as prescribed in the Town of Colonie
Highway Law.[5]
(25)
Notice of filing. Upon completion of required
subdivision improvements or posting of escrow as provided in the Town
of Colonie Highway Law, and submission and approval of required grading
and landscaping plans for individual lots if required, the PEDD will
advise the Building Department that building permits may be issued
for lots within the subdivision. The applicant shall develop the individual
lots in conformance with the approved subdivision plans. Unless a
site-specific grading plan has been required for an individual lot,
the subdivision grading plan shall be followed as a guideline to ensure
proper grading and drainage, consistent with the general requirements
of this article.
(26)
Verification of landscaping and grading. Upon
acceptance by the Town of all required subdivision improvements and
dedication by the Town Board of any new streets, and verification
of completion of landscaping and grading requirements for individual
lots in accordance with approved plans, the PEDD will advise the Building
Department that certificates of occupancy may be issued for lots within
the subdivision.
(27)
Issuance of certificate of occupancy. Upon issuance
of a certificate of occupancy for an individual lot, the lot owner
shall be responsible for continued compliance with any conditions
of the subdivision approval with respect to that lot. If the Planning
Board or the PEDD finds that any of the conditions of an approved
plan have not continued to be met, the PEDD shall order the owner
and tenants to make such corrections as it deems necessary to bring
the lot into compliance with the provisions of such plan. In the event
that the owner and tenants have failed to comply or maintain compliance
with the final subdivision plan after being ordered by the PEDD to
make such corrections, the penalties for offenses provisions of this
chapter shall become applicable.[6] Unless specific restrictions are included in the approved
plan, clearing and grading by an individual lot owner shall not be
regulated under this article, and the Town shall assume no responsibility
for any such action undertaken by such lot owner.
(28)
Amendments. The Planning Board may, upon application
by the owner of any parcel of land within an approved subdivision,
amend any condition of the subdivision approval as it affects that
parcel. The Planning Board may require the written agreement of all
owners of property adjoining the subject parcel or all owners of property
within the subdivision before approving the amendment. If, in the
judgment of the Planning Board, the proposed amendment represents
a significant change to the approved subdivision, the Board shall
conduct a public hearing on the amendment as provided in this article.
C.
Subdivision amendments.
(1)
An application for zoning verification must be made
to the Building Department as outlined in the overview of permits
and approvals article of this chapter.[7] The Building Department will issue its verification to
the Planning and Economic Development Department (PEDD) and the applicant.
The PEDD will notify the applicant of necessary documentation to accompany
the application for subdivision review. The applicant shall present
a submission to the PEDD, including the following:
(a)
Narrative description of proposed project, including:
(b)
Final subdivision plan at a scale of one inch
equals 50 feet or less (sheet size, 22 inches by 34 inches), showing:
[1]
Title block, including name of project, name
of applicant, name of map preparer, date of map, and address of property;
title block must state that proposal is a subdivision amendment, with
the original subdivision title, filing date, and map and drawer number
noted.
[2]
Three-inch-by-three-inch block for the PEDD
approval stamp (at lower right side of plan).
[3]
Small-scale location and zoning plan at scale
of one inch equals 2,000 feet, oriented same as site plan.
[4]
North arrow.
[5]
Owners and use of adjacent land.
[6]
Both edges of pavement and the boundary of both
sides of existing streets adjoining the subdivision.
[7]
Existing zoning, with location of any district
boundaries within 100 feet of property to be developed.
[8]
Subdivision acreage and number of lots.
[9]
Exact boundary and lot lines, including bearings
and distances. Existing and proposed lot lines must be clearly labeled.
[10]
Lot areas in square feet.
[11]
Existing and proposed utilities
(location and size).
[12]
Proposed lot numbers, as approved
by the Town Assessor.
[13]
Front building setback line, with
setback dimension.
[14]
Note stating the purpose of the
proposed amendment.
[15]
Stamp and signature of a New York
State licensed professional: Plans shall be prepared by an engineer,
surveyor, architect or landscape architect licensed by the State of
New York and authorized under his or her New York license to execute
the plans and contents thereof.
(c)
Review fee in accordance with the fee schedule
established by the Town Board.
(d)
Approved Building Department zoning verification.
(e)
Completed application form.
(f)
Environmental assessment form.
(2)
The PEDD shall review the submittal for completeness
and shall notify the applicant as to its determination. If the submittal
is complete, the PEDD shall refer the proposal to such other agencies
as it deems appropriate.
(3)
The PEDD shall, when applicable, refer the subdivision
application to the Albany County Planning Board for review, in accordance
with § 239n of the General Municipal Law.
(4)
The PEDD shall review the submission for consistency
with the terms and conditions of the previously filed subdivision
or subdivisions and shall consider the comments of other reviewing
agencies, if applicable, and shall approve, approve with modifications
or disapprove the proposal within 45 days of the date of the initial
presentation. However, no such decision shall be made until all requirements
of SEQR have been met. The PEDD shall notify the applicant in writing
of its decision.
(5)
Within 90 days of the date of approval of the submission,
the applicant shall prepare a final submission as detailed herein,
incorporating such modifications as were required by the PEDD in its
approval of the plan, and shall submit it to the PEDD.
(6)
Upon submission of the subdivision plan in final form,
the PEDD shall affix its stamp of approval to the plans, and the plans
shall be signed and dated. The applicant shall provide copies of the
final plans in such amounts as shall be determined by the PEDD to
be necessary for this purpose.
(7)
The PEDD shall submit necessary plans to the Town
Attorney, and the Town Attorney shall file the approved subdivision
plans in the office of the County Clerk of the County of Albany and
shall provide the PEDD with notice of such filing, with the date of
filing and the drawer and map number under which the plan has been
filed. If any subdivision plan is not so filed within 60 days of the
date upon which the plan is signed by the Planning Board's designated
agent, the approval of the subdivision shall become null and void.
[Amended 4-11-2013 by L.L. No. 3-2013]
Any Planning Board conceptual plan acceptance
shall be valid for 18 months from the date of issuance. Any Planning
Board final subdivision plan approval shall be valid for three years
from the date of issuance. For purposes of this section, the date
of issuance shall be the date that notice of a Planning Board decision
granting such acceptance or approval is filed in the office of the
Town Clerk.
If there is no substantial change in the condition
of the site or its environs or in the applicable law:
A.
Conceptual acceptance may be extended for one additional
year upon written request by the applicant and after due consideration
by the Planning Board.
B.
Final subdivision plan approval may be extended annually
for an additional one-year period when the following conditions are
met: the applicant submits a written request for such extension and
submits such other application materials as may be deemed necessary
by the PEDD; any fee required pursuant to the fee schedule adopted
by the Town Board has been paid; the plans have been reviewed by the
PEDD and such other agencies as it deems appropriate; and due consideration
of the application has been made by the Planning Board. Application
materials shall be for the purpose of determining whether any change
in the condition of the site or its environs has occurred or whether
the applicable law has been changed. Application materials must include
an updated, approved zoning verification, a current subdivision development
plan application, copies of the plans and reports previously approved
with the initial subdivision application and any subsequent applications
for an extension, and any other materials which the PEDD or the Planning
Board deems necessary.
The provisions of this article shall be administered
and enforced primarily by the PEDD, which shall have the power to
make necessary inspections.
