Notwithstanding any other provision of this chapter, this article
shall govern the requirements for a subdivision.
The Planning Board is authorized and empowered to approve subdivisions.
The designated approval authority shall conform to the procedures
prescribed within §§ 276, 277 and 279 of the Town Law
of NYS as well as §§ 239-m, 239-n and 239-nn of the
General Municipal Law of NYS as it pertains to its actions on an application
for a subdivision. Moreover, the Town shall utilize a "one step" subdivision
review and shall not delineate a subdivision as either a "major" or
"minor" subdivision.
A.
Integration of procedures. Whenever a particular application requires
multiple review(s) and approval(s), the designated approval authority
shall integrate, to the extent practicable and consistent with any
applicable law, his, her or their review and approval process.
B.
Public hearings. The Secretary of the Planning Board is authorized
to schedule any public hearing for the designated approval authority.
The owner(s) shall file an application in writing on a form
furnished by the Code Enforcement Officer for that purpose. An application
for a subdivision shall include all of the following:
A.
A nonrefundable application fee.
B.
A completed application form.
C.
A completed environmental assessment form (EAF).
D.
A completed agricultural data statement if mandated by § 283-a
of the Town Law of NYS.
E.
One Mylar and two paper original and certified final plat(s).
F.
Ten paper copies of the original and certified final plat.
The Code Enforcement Officer shall examine applications for
a subdivision to ascertain compliance with the application requirements
and applicable standards prescribed in this chapter. If the application
does not conform to the application requirements and applicable standards
of this chapter, the Code Enforcement Officer shall reject such application
in writing, stating the reasons therefor. If the Code Enforcement
Officer is satisfied that the application conforms to the application
requirements and applicable standards prescribed in this chapter,
the Code Enforcement Officer shall submit the application to the designated
approval authority and stamp the official submission date on the application.
The procedure for subdivision review and approval shall run
concurrently with the SEQRA process. The designated approval authority
shall have the discretion to make adjustments to the time periods
specified in these regulations when there is mutual agreement with
the owner in order to provide reasonable time for the preparation,
review, and public hearings with respect to the SEQRA review. The
designated approval authority shall carry out the terms and requirements
of 6 NYCRR Part 617 et seq. implementing SEQRA with minimal procedural
delay, shall avoid unnecessary duplication of reporting and review
requirements by providing, where feasible, for combined or consolidated
proceedings, and shall expedite all proceedings under SEQRA in the
interest of prompt review.
A.
SEQRA. A realty subdivision shall be classified as a Type 1 action
in accordance to Article 11, Title II, of the Public Health Law of
NYS as well as Article 17, Title 15, of the Environmental Conservation
Law of NYS.
(1)
Involved agencies. The NYSDEC and the NYSDOH shall be designated
as an involved agency for a realty subdivision pursuant to SEQRA.
B.
Final determination. A realty subdivision shall be approved by the
NYSDOH prior to the designated approval authority making a final determination
on such application.
The designated approval authority shall review all facts and
information that is the subject of an application for a subdivision
to determine whether or not to approve such application. In doing
so, the designated approval authority shall consider all of the following
criteria:
A.
The proposed subdivision will be consistent with the land use goals
and objectives prescribed in the Comprehensive Plan.
B.
The proposed subdivision is in compliance with the applicable standards
prescribed in this chapter.
C.
The proposed subdivision is in harmony with the orderly development
of the applicable zoning district and will not have a significant
adverse impact on the public health, safety or general welfare.
D.
The proposed subdivision shall not have an unmitigated significant
adverse environmental impact as defined by SEQRA. Such determination
shall be made by the designated lead agency as prescribed by SEQRA.
The designated approval authority may include in an approval
of an application for a subdivision such terms and conditions as such
authority deems necessary or appropriate to ensure the safety or to
further the purposes and intent of this chapter or any other applicable
law.
