Town of New Lebanon, NY Article V Minor Subdivisions

§ 179-5 Minor subdivision application and hearing.

Special consideration shall be given to a complete minor subdivision application, submitted to the Planning Clerk three weeks prior to the next Planning Board meeting. This minor subdivision shall conform to all zoning regulations. Assuming the survey is properly executed and signed by a licensed surveyor and all of the requirements of the application and this Part 1 have been met, the Chairman of the Planning Board or his duly designated Planning Board member shall be authorized to review the submittal of a minor subdivision on behalf of the Planning Board, and, if complete, authorize the Planning Clerk to place a legal notice in the official newspaper of the town and notify the abutters, scheduling a public hearing at the next Planning Board meeting.

§ 179-6 Minor subdivision plats.

Where a parcel of land is to be divided into two (2) to four (4) lots only, each of which complies in all respects with the zoning regulations of the Town of New Lebanon in effect at the time of application, the Chairman or his/her duly designated member of the Planning Board shall review the minor subdivision plat, subject to the following:

A. Minor subdivision requirements. (Instructions in back of application.)

(1) The applicant shall provide a completed minor subdivision application and a short SEQRA form to the Planning Clerk, as well as an Agricultural Data Form (if applicable), and show the Chairman (or the designated Planning Board member) a legal copy of the deed to the property at least three (3) weeks prior to the next meeting of the New Lebanon Planning Board. He shall also provide a list of names and addresses of all abutters. This will permit the publishing of the legal notice for the public hearing and to notify abutters by mail. (The Planning Clerk shall check current tax maps/lists to verify/complete the list of abutters.)

(2) Surveys of the parcel (acceptable for filing by the Columbia County Clerk), sealed and individually signed by a licensed land surveyor. The surveys shall show the entire contiguous property and a location sketch. The size of the sheet shall not be less than 8.5 inches by 14 inches or greater than 34 inches by 44 inches.

(3) The minor subdivision plat shall be titled with the proposed subdivision name, and name of the town in which it is located. The plat shall show the zone(s) the lots are located in, the date it was rendered (or revised), the North direction, the map-scale and the name and address of the owner-of-record and the subdivider.

(4) The applicant shall provide five (5) or more copies of the plat (2 copies for the town, 2 copies for the county and 1 copy [or more] for the applicant).

(5) Assuming compliance with all applicable zoning regulations, such as area, frontage and setbacks, the Chairman or his designated alternate from the Planning Board shall authorize the Planning Clerk to advertise a public hearing at the next Planning Board meeting and mail notices to all abutters.

(6) The Planning Board shall hold a public hearing and, provided that all stated requirements have been met, shall either approve or disapprove the subdivision plats.

(7) A fee as set from time to time by resolution of the Town Board shall be paid to the Town of New Lebanon with the application for a minor subdivision.

[Amended 9-11-2000 by L.L. No. 1-2000]

(8) The approved subdivision plat shall be filed with the Columbia County Clerk within 62 days of approval, or it shall become null and void.

B. Conditions for approval of minor subdivision plat. Within six months after the application for a minor subdivision to the Planning Board, the subdivider shall complete such application for approval of the subdivision plat. Failure to do so shall deem the application and map null and void. The plat shall conform to all stated requirements and the layout shown on the application.

C. Fee. A fee as set from time to time by resolution of the Town Board shall be paid to the Town of New Lebanon with the application for a minor subdivision.

[Amended 9-11-2000 by L.L. No. 1-2000]

D. Copies of plat for Planning Board. Five (5) or more copies of the subdivision plat shall be presented to the Clerk of the Planning Board at least three weeks prior to scheduled monthly meeting of the Planning Board.

E. Time officially submitted. The time of submission of the subdivision plat shall be considered to be the date three weeks before the regular monthly meeting of the Planning Board, complete and accompanied by the required fee, and all data required by Article V of these regulations having been filed with the Clerk of the Planning Board. The Chairman of the Planning Board or a designated member of the Board shall review the application and plat for compliance and completeness.

F. Public hearing on minor subdivision. Assuming the minor subdivision application and the subdivision plats are complete and compliant, a public hearing shall be held by the Planning Board at their next regular monthly meeting. Said hearing shall be advertised in a newspaper of general circulation in the town at least five (5) days before such hearing.

G. Disposition by Planning Board. Providing all requirements have been met, the Planning Board shall either approve or disapprove such minor subdivision at the regular meeting, immediately following the public hearing.

H. Filing of approved minor subdivision plat.

(1) Upon successful completion of the requirements in Article V, § 179-6, as indicated by notation by the proper Planning Board official upon the approved plat, the plat shall have the final approval of the Planning Board. The plat shall be signed and sealed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. Any final subdivision plat not filed or recorded within sixty-two (62) days of the date upon which said plat is approved or considered approved by reason of the failure of the Planning Board to act, shall become null and void.

(2) Plat void if revised after approval. No changes, erasures, modifications or revision shall be made in any subdivision plat after final approval by the Planning Board as indicated by the Board's written endorsement of the plat, unless the said plat is first resubmitted to the Planning Board and such Board approves such changes or 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.