Town of Rosendale, NY Article IV Procedure for Land Subdivision

§ 60-6 Approval steps outlined.

Whenever any subdivision of land is proposed, before any contract for the sale of any part thereof and before any permit for the erection of a building in such proposed subdivision is granted, the subdividing owner or his authorized agent shall apply for and secure approval of such proposal in accordance with the following procedure, which includes basically three steps:

A. Sketch plan review and classification.

B. Preliminary plat (major subdivision only).

C. Final plat.

§ 60-7 Sketch plan review.

A. Discussion of requirements. Any owner of land or his/her duly authorized representative shall, prior to subdividing or resubdividing land, meet with 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 other pertinent information.

B. Sketch plan submission and review. After such consultation, and at least 10 days before a regularly scheduled meeting of the Planning Board, the applicant or his/her agent shall submit five copies of a sketch plan of the proposed subdivision in conformance with the specifications listed in § 60-19 of these regulations. The applicant shall meet with the Planning Board to discuss his/her sketch plan.

C. Field trip. After the regular Planning Board meeting at which the sketch plan is discussed and reviewed, the Planning Board may schedule a field trip to the site of the proposed subdivision, accompanied by the applicant or his/her agent.

D. Planning Board action on sketch plan. Within 62 days of such meeting, the Planning Board shall inform the subdivider, in writing, that the plans and data as submitted at this stage do or do not meet the objectives of these regulations. When the Planning Board finds the plans and data submitted do not meet the objectives of these regulations, it shall express its reasons therefor to the subdivider in writing. At the same time, the Board shall classify the proposal as either a major or minor subdivision or lot line adjustment and shall so advise the applicant.

§ 60-8 Procedures for a minor subdivision.

A. If the subdivision is classified by the Planning Board as a minor subdivision, a notation to that effect will be made on the sketch plan.

B. Five copies of a final plat shall then be submitted to the Planning Board within six months of classification of the sketch plan. If the minor subdivision comes under the provision of § 60-13E, the Planning Board shall take appropriate action in accordance with § 239-k of the General Municipal Law.

C. The minor subdivision plat shall be clearly marked "final plat" and shall show the following information:

(1) A location map showing the relationship of the proposed subdivision to the street system serving the area.

(2) Proposed subdivision name, date, North point, map scale and name and address of owner of record.

(3) Proposed lot lines giving complete descriptive data by bearings and distance, made and certified to by a licensed land surveyor. The corners of the proposed lot lines shall be located on the ground and marked by monuments as approved by the Town Engineer and shall be shown on the plat.

D. A public hearing shall be held by the Planning Board within 62 days from the official date of application of the minor subdivision plat. This hearing shall be advertised at least once in the newspaper of general circulation in the Town, at least five days before such hearing. In addition, the Planning Board shall cause notice of such hearing to be mailed to all owners of property adjoining the subject property at least five days prior to the public hearing. The Planning Board, within 62 days from either the public hearing or the date of either a negative declaration of environmental significance or filing of a findings statement pursuant to the New York State Environmental Quality Review Act (SEQR),[1] whichever occurs last, shall approve, modify and approve or disapprove such plat. Following approval, the subdivision shall be recorded with the County Clerk within 62 days of the date of approval.

[1] Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.

§ 60-8.1 Procedures for a lot line adjustment.

Where an applicant proposes an exchange or transfer of land with an adjoining property, the Planning Board may waive public hearing on such proposal where the following conditions are met:

A. The area of the proposed land exchange or transfer does not exceed the minimum required lot area of the zoning district in which the affected lands are located.

B. No additional lots will be created.

C. Such exchange or transfer of lands does not preclude the proper future development, subdivision or resubdivision of the affected properties.

D. Such exchange or transfer of lands shall not create any nonconformity with the terms and regulations of Chapter 75, Zoning.

E. The applicant(s) has prepared and submitted a final plat in accordance with § 60-21 herein, for approval by the Planning Board.

F. The applicant(s) has paid a fee as required in the Fee Schedule established by the Town Board.

§ 60-9 Procedures for a major subdivision.

If the subdivision is classified as a major subdivision by the Planning Board, a notation to that effect shall be made on the sketch plan, which will be returned to the subdivider for compliance with all other applicable sections of these regulations.

§ 60-10 Preliminary plat.

A. Upon receiving an informal agreement by the Planning Board regarding the general program and objectives, in accordance with § 60-7, the subdivider shall prepare a preliminary plat, together with improvement plans and other supplementary documents as specified in § 60-20, and follow standards set forth in Article VI of these regulations. During the preparation of a preliminary plat containing five or more lots, the subdivider should consult the County Health Department so that the plat presented to the Planning Board will also be acceptable to the County Health Department.

B. The Planning Board may waive the requirement for a preliminary plat in the case of subdivision of less than five lots involving no more than one street. In such a case, a final plat may be submitted within six months, as required in § 60-21, and a public hearing shall be held.

C. If a stormwater pollution prevention plan (SWPPP) is not required, the subdivision plan will include GPS (Global Positioning System) reference data for stormwater outfalls and permanent structures built in accordance with the New York State Stormwater Management Design Manual.

[Added 12-12-2007 by L.L. No. 4-2007]

§ 60-11 Preliminary approval by Planning Board.

A. The Planning Board shall:

(1) Review the preliminary plat and other supplementary documents to:

(a) Determine their conformity with the Master Plan; Chapter 75, Zoning; and these regulations.

(b) Assess their practicability, taking into consideration the requirements of the community and the best use of the land being subdivided.

(c) Analyze their proposed lot sizes; sewage and water systems; drainage; and arrangement, location, grades and widths of streets.

(d) Consider the effect on future development of adjoining lands yet unsubdivided.

(2) Discuss with the subdivider any changes deemed advisable.

(3) Discuss with the subdivider the kind and extent of all public improvements and lands to be constructed, installed or dedicated by him or, in lieu of improvements, the amount of performance bond required to be posted.

(4) Notify the subdivider of any required public improvements which may be waived.

B. Before the Planning Board acts on any preliminary plat, it shall hold a public hearing thereon within 62 days after the official date of application. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. In addition, the Planning Board shall cause notice of such hearing to be mailed to all owners of property within 200 feet of subject property at least five days prior to the public hearing.

C. Within 62 days after the public hearing or the date of either a negative declaration of environmental significance or filing a findings statement pursuant to the New York State Environmental Quality Review Act (SEQR),[1] whichever occurs last, the Planning Board shall either grant conditional approval of the preliminary plat or disapprove the preliminary plat and express, in writing, the reasons for such conditional approval or disapproval.

[1] Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.

D. The action of the Planning Board shall be noted on all copies of the preliminary plat and the conditions imposed attached thereto.

E. Whenever the subdivision as a whole contains five or more building lots, the developer shall submit the preliminary plat, as approved by the Planning Board, to the County Health Department for approval.

F. Such conditional approval shall automatically expire after six months, unless extended by formal action of the Planning Board, as provided in § 60-39B.

G. Approval of a preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval only to guide the subdivider in the preparation of the final plat, which shall be submitted for the approval of the Planning Board and for eventual recording after compliance with the requirements of these regulations and with any condition specified in the preliminary plat approval.

H. Default approval of preliminary plat. In the event that the Planning Board fails to take action on a preliminary plat within the time period prescribed in § 60-11C above, or any extension of this time as provided for in § 60-39B(1) of these regulations, such preliminary plat shall be deemed granted preliminary approval. The certificate of the Town Clerk as to the date of submission, and failure of the Planning Board to take action within such prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval required by these regulations.

§ 60-12 Submission of final plat.

A. Following conditional approval of the preliminary plat, the subdivider shall prepare a final plat, together with other supplementary documents, in accordance with § 60-21, and follow standards set forth in Article VI of these regulations.

B. The final plat and other supplementary documents shall be filed with the Planning Board within six months after the date of conditional approval of the preliminary plat unless such time limit is extended by formal action of the Planning Board, in accordance with § 60-39B.

C. Upon receipt of the application and after having found that the application is in full compliance with the regulations, the Planning Board shall sign and return a receipt which shall indicate the official date of application. In case of deficiencies in the application, the Planning Board shall advise the developer of the deficiencies within 14 days subsequent to the date of receipt of the application.

D. If the subdivider so desires, the final plat may consist of only that portion of the approved preliminary plat which he proposes to record and develop at one time, provided that such portion conforms to all applicable requirements of these regulations and that the subdivision is being submitted for approval progressively and in contiguous sections satisfactory to the Planning Board.

E. If a stormwater pollution prevention plan (SWPPP) is not required, the subdivision plan will include GPS (Global Positioning System) reference data for stormwater outfalls and permanent structures built in accordance with the New York State Stormwater Management Design Manual.

[Added 12-12-2007 by L.L. No. 4-2007]

§ 60-13 Approval of final plat.

A. The Planning Board shall only hold a public hearing on a final plat within 62 days of the official date of application for final plat approval if the final plat is not in substantial agreement with the previously approved preliminary plat or if a preliminary plat was waived in accord with § 60-10B.

B. The Planning Board shall approve, conditionally approve with or without modifications, or disapprove the final plat within 62 days after the date of the public hearing or after the official date of application for final plat approval where such final plat is found to be in substantial agreement with the approved preliminary plat. Certification of the Town Clerk as to the official date of application and the failure of the Planning Board to hold a public hearing or take action within the sixty-two-day period after the date of submission or of the public hearing shall be issued to the subdivider upon demand and shall be sufficient, in lieu of any written notation or endorsement of other evidence, as final approval.

C. No plat which is an extension, section or portion of any previously submitted plat shall be approved until and unless all conditions necessary for approval of such previously submitted plat have been satisfied and final approval shall have been granted in accordance with these regulations.

D. If the Planning Board disapproves the final plat, reasons for such disapproval shall be so stated upon its records.

E. After the establishment of a County Official Map, no subdivision plat shall be approved when such proposed structures or proposed new streets shall have frontage on, access to or be otherwise directly related to any state highway or county road, existing or proposed, as shown on the County Official Map, except in accord with § 239-k of the General Municipal Law. The Town Planning Board shall notify the County Planning Board, if any, and the County Superintendent of Highways or Commissioner of Public Works of such subdivision, and the County Planning Board shall report to the Town Planning Board, within 30 days, on its approval or disapproval or on its approval subject to stated conditions. The final plat may be approved by the Town Planning Board subject to stated conditions, notwithstanding such report, when the application of such report will act to deprive the owner of the reasonable use of his/her land.

F. Certification of conditional approval. Upon resolution granting conditional approval of a final plat, the Planning Board shall empower one or more duly authorized members to sign the plat subject to the completion of any requirements as may be stated in the resolution of conditional approval. Within five days of such resolution the plat shall be certified by the clerk of the Planning Board as conditionally approved and a copy mailed to the subdivider, which copy shall include a statement of such requirements which when completed will authorize the signing of the conditionally approved final plat.

G. Duration of approval. Upon completion of such requirements, the plat shall be signed by said duly authorized members of the Planning Board. Conditional approval of a final plat shall expire within 180 days after the date of the resolution granting conditional approval unless such requirements have been certified as completed, or an extension of time has been granted as set forth in § 60-39B(3).

§ 60-14 Filing.

A. Within 62 days next following the date of official approval action by the Planning Board or the date of issuance by the Town Clerk of a certificate of nonaction, and after approval by the County Health Department, if applicable, the subdivider shall file the final plat with the County Clerk. Otherwise, such final approval shall expire as provided in § 276 of the Town Law unless an extension has been granted by the Planning Board under the provision of § 60-39B.

B. It shall be the duty of the County Clerk, in accordance with § 279 of the Town Law, to notify the Planning Board, in writing, within three days of the filing of any plat approved by the Planning Board, identifying such plat by its title, date of filing and official file number.

C. No changes, erasures, modifications or revisions other than those requested by the County Health Department or other such agency, or to correct metes and bounds, shall be made on any subdivision after final approval has been given by the Planning Board and the plat has been duly filed with the County Clerk, unless such plat has first been resubmitted to the Planning Board and such change, erasure, modification or revision has been approved by the Board. Any plat so changed without first being resubmitted to the Planning Board and reapproved shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.

§ 60-15 Building permits.

Upon approval of the final plat and provision of performance guarantees in accordance with §§ 60-21C, 60-22 and 60-23 of these regulations or upon certification of the completion of installation of all required improvements to the satisfaction of the Town Board, and the provision of performance guarantees in accordance with § 60-23, the subdivider may be issued building permits for the construction of buildings in accordance with the approved final plat, Chapter 75, Zoning, and the Town Building Code.[1]

[1] Editor's Note: See Ch. 27, Building Construction.

§ 60-16 Certificates of occupancy.

A. Certificates of occupancy shall only be issued upon certification by the Building Inspector that all required public improvements in a subdivision, as shown on the approved final plat, have been completed in accordance with Town standards and in accordance with Chapter 75, Zoning, and the Town Building Code.

B. No certificate of occupancy shall be issued until the grading and respreading of topsoil has been completed in accordance with § 60-27F, unless a bond, in an amount sufficient to guarantee the proper grading of the property and the respreading of the topsoil, has been posted or other written assurance acceptable to the Planning Board as per § 60-24 has been given.

§ 60-16.1 Review and filing fees.

A. Sketch plan review. Sketch plan review does not require payment of a fee or filing of a formal application to the Planning Board.

B. Preliminary plat. An application for approval of a preliminary plat shall be accompanied by a fee in accord with a schedule adopted by the Town Board.

C. Additional fees for review. Upon adoption by the Town Board of relevant procedures and criteria and any amendment thereto, applicants shall be responsible for reasonable and customary fees, disbursements and/or costs as may be determined by the Town Board from time to time, in addition to filing fees set forth in Subsection B above, incurred by the Town Engineer, Town Planner and other specialists in the course of review of certain major subdivisions.

D. Environmental impact statement review. In the event that the proposed subdivision has been determined either by the Planning Board, or by another governmental agency having approval jurisdiction over the subdivision, to have a potential significant effect upon the environment, as provided for in Title 6, New York State Code of Rules and Regulations, Part 617 (State Environmental Quality Review Act), and an environmental impact statement must then be prepared and submitted, the applicant shall pay the reasonable fees, disbursements and/or costs incurred by the Town Engineer, the Town Planner and other specialists in the course of review of said environmental impact statement.