Town of Schodack, NY
Rensselaer County
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Table of Contents
Table of Contents
A. 
Whenever any subdivision of land is proposed to be made and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures.
B. 
The application shall be submitted, signed and acknowledged by the legal owner of record or equitable contract owner(s) of all rights to the real property in the entire area to be included within the subdivision.
(1) 
If the applicant is an individual, he/she shall set forth his/her name and residence.
(2) 
If the applicant is a partnership, joint venture or other business entity, except a corporation, it shall set forth:
(a) 
The name and address of the business entity or partnership.
(b) 
The date established or created.
(c) 
Where created or established.
(d) 
The names and residences of all parties in interest, showing the nature and extent of the interest.
(3) 
If the applicant is a corporation, it shall set forth the following;
(a) 
The name and address of the corporation.
(b) 
The date, place and method of incorporation.
(c) 
The name and residence of each officer.
(d) 
The name and address of the agent for service.
A. 
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Director of the Planning Board, at least 10 days prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 188-19, for the purposes of classification and preliminary discussion.
B. 
Discussion of requirements and classification.
(1) 
The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
(2) 
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or a major subdivision, as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, §§ 188-5, 188-9 and 188-11, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 188-6, 188-7, 188-9, 188-10 and 188-11.
C. 
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific recommendations, in writing, to be incorporated by the applicant in the next submission to the Planning Board.
A. 
Application and fee.
(1) 
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article V, § 188-20A.
(2) 
All applications for plat approval for minor subdivisions shall be accompanied by payment of the fee set forth in the schedule of fees established from time to time by resolution of the Town Board and on file in the offices of the Town Clerk and Director of the Planning Board.
B. 
Number of copies. Five copies of the subdivision plat shall be presented to the Director of the Planning Board at the time of submission of the subdivision plat.
C. 
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the subdivision plat.
D. 
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 188-20, of these regulations, has been filed with the Director of the Planning Board. Should the Planning Board determine that the plat is incomplete, it shall be returned to the applicant with the deficiencies noted.
E. 
Public hearing. A public hearing shall be held by the Planning Board within 62 days from the time of submission of a subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the town at least five days before such hearing.
[Amended 5-8-1997 by L.L. No. 4-1997]
F. 
Action on subdivision plat
(1) 
The Planning Board shall, within 62 days from the date of the public hearing, act to conditionally approve, conditionally approve with modification, disapprove or grant final approval and authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Also, the time in which the Planning Board must act shall be automatically extended as required until the SEQR process has been completed. Failure of the Planning Board to act within such sixty-two-day period, except as noted above, shall constitute approval of the plat.
[Amended 5-8-1997 by L.L. No. 4-1997]
(2) 
Upon granting conditional approval, with or without modification, to the plat, the Planning Board shall empower a duly authorized officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be certified by the Director of the Planning Board as conditionally approved and a copy filed in the Director's office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Upon completion of such requirements, the plat shall be signed by the duly designated officer of the Planning Board. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature if, in its opinion, such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.
A. 
Application and fee.
(1) 
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in Article V, § 188-21, of these regulations, except where a waiver may be specifically authorized by the Planning Board. The preliminary plat shall in all respects comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and Article V, § 188-21, of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(2) 
The application for approval of the preliminary plat shall be accompanied by a fee set forth in the schedule of fees established from time to time by resolution of the Town Board and on file in the offices of the Town Clerk and Director of the Planning Board.
B. 
Number of copies. Seven copies of the preliminary plat shall be presented to the Director of the Planning Board at the time of submission of the preliminary plat.
C. 
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.
D. 
Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the lands being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Master Plan, the Official Map and Zoning Regulations, if such exist.[1]
[1]
Editor's Note: See Ch. 219, Zoning.
E. 
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article V, § 188-21, of these regulations, has been filed with the Director of the Planning Board. Should the Planning Board determine that the plat is incomplete, it shall be returned to the applicant with the deficiencies noted.
F. 
Approval of the preliminary plat.
(1) 
Within 62 days after the time of submission of a complete preliminary plat to the Director of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. Within 62 days after the date of such hearing, the Planning Board shall approve with or without modification or disapprove such preliminary plat, and the grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. Also, the time in which the Planning Board must take action shall be automatically extended as required until the SEQR process has been completed. When so approving a preliminary plat, the Planning Board shall state, in writing, modifications, if any, as it deems necessary for submission of the plat in final form. Within five days of the approval of such preliminary plat, it shall be certified by the Director of the Planning Board as granted preliminary approval and a copy filed in his/her office and a copy of the resolution shall be mailed to the owner. Failure of the Planning Board to act within such sixty-two-day period, except as noted, shall constitute approval of the preliminary plat.
[Amended 5-8-1997 by L.L. No. 4-1997]
(2) 
When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to the modifications to the preliminary plat; the character and extent of the required improvements for which waivers may have been requested and which, in its opinion, may be waived without jeopardy to the public health, safety, morals and general welfare; and the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat. Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.
A. 
Application for approval and fee. The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, using the approved application blank available from the Director of the Planning Board. All applications for plat approval for major subdivisions shall be accompanied by the fees established from time to time by resolution of the Town Board and on file in the office of the Town Clerk and the office of the Director of the Planning Board. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat. In addition to the fees set forth above, the developer shall pay the town for all engineering costs required for review of the subdivision plat and all fees for inspection of the project.
B. 
Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Director of the Board with a copy of the application and three copies (one copy in ink on Mylar) of the plat; the original and one true copy of all offers of cession, covenants and agreements; and two prints of all construction drawings.
C. 
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 188-22, of these regulations, has been filed with the Director of the Planning Board. Should the Planning Board determine that the plat is incomplete, it shall be returned to the applicant with the deficiencies noted.
D. 
Endorsement of state and county agencies.
(1) 
Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Rensselaer County Department of Health and, where applicable, the New York State Department of Environmental Conservation. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary town, county and state agencies. Endorsement and approval by the Rensselaer County Department of Health and, where applicable, the New York State Department of Environmental Conservation shall be secured by the subdivider before final approval of the subdivision plat.
(2) 
For subdivisions which are not under the jurisdiction of the Rensselaer County Health Department, on-site sanitation and water supply facilities shall be designed to meet the minimum specifications of the Rensselaer County Health Department, and a note to this effect shall be stated on the plat and signed by a licensed engineer.
E. 
Public hearing. Within 62 days of the submission of a complete plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 188-6 of this article and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.
[Amended 5-8-1997 by L.L. No. 4-1997]
F. 
Action on proposed subdivision plat. The Planning Board shall, by resolution, conditionally approve, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat. Upon resolution of conditional approval of such final plat, the Planning Board shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Director of the Planning Board as conditionally approved and a copy filed in his/her office and a copy of the resolution shall be mailed to the subdivider. The copy of the resolution mailed to the subdivider shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting final approval, unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature if, in its opinion, such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.
[Amended 5-8-1997 by L.L. No. 4-1997]
A. 
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1) 
In an amount set by the Planning Board, the subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements, or the subdivider shall file with the Town Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 277 of the Town Law and further shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years] shall be set forth in the bond, within which time required improvements must be completed.
(2) 
The subdivider shall complete all required improvements in accordance with the Town Subdivision Regulations and Design and Construction Standards and to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not so completed, the subdivider shall file with the Town Clerk a bond or certified check covering the costs of such improvements and the costs of satisfactorily installing any improvements not approved by the Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety.
(3) 
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such a map is submitted.
B. 
Modification of design of improvements. If, at any time before or during the construction of the required improvements, it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The 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.
C. 
Inspection of improvements. All required improvements shall be inspected as detailed in Part 2, Design and Construction Standards, Article VIII, General Provisions.
D. 
Proper installation of improvements.
(1) 
If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with the Design and Construction Standards and the plans and specifications filed by the subdivider, he shall so report to the Town Board, Building Inspector and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the town's rights under the bond. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.
(2) 
An escrow account, as specified in § 188-11, shall be established to pay for the fees and/or costs incurred by the town for construction and inspection of improvements.
A. 
Final approval and filing. Upon completion of the requirements in §§ 188-7 and 188-8 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 30 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.
B. 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless said plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
A. 
Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the town of any street, easement or other open space shown on such subdivision plat.
B. 
Ownership and maintenance of recreation areas.
(1) 
Refer to Design and Construction Standards, § 188-30, Acceptance of improvements.
(2) 
When a park, playground or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the town of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.
The Planning Board may require an applicant for any review, permit or approval to deposit in escrow an amount established by the Planning Board to pay for the fees and/or costs of any engineer, consultant or attorney designated by the Planning Board to review such application. The fees and/or costs charged by such engineer, consultant or attorney in connection with such review will be charged against the sum deposited in escrow. Any amount remaining shall be returned to the applicant within 45 days of final action on the application.