[Amended 2-28-2002 by L.L. No. 2-2002]
Any subdivider who proposes to develop a subdivision
shall follow the procedures specified in this article and in the applicable
provisions of the Town Law of the State of New York. The Planning
Board shall designate, by resolution, the number of days before its
regular meeting that it requires applications, subdivision plats,
supporting documents and fees to be filed in the office of the Planning
Board Clerk in order to allow sufficient time for the Board and its
consultants to review them. Submission of plats by the designated
deadline shall make the matter eligible for review by the Planning
Board at such meeting, subject to the constraints of the Board's agenda.
Neither the acceptance of an application and plat by the Clerk nor
an appearance before the Board for discussion shall constitute a determination
that the application is complete, as that term is defined in Article
16 of the New York State Town Law; a determination of completeness
shall only be made by resolution of the Planning Board duly adopted
at a regular meeting and shall be reflected in the minutes of said
meeting. The date on which such resolution is approved shall be considered
the official date of submission.
A.
Prior to filing an application or before preparing a preliminary layout, the subdivider shall submit to the Planning Board a sketch plan of the proposed subdivision layout, together with data concerning the area, including the information specified in § 121-13, in order to discuss the appropriateness of the proposed layout, the suitability of the land for development and the general requirements for improvements.
B.
The Planning Board shall inform the subdivider, within
30 days after the official submittal date, whether his sketch plans
and data, as submitted or as modified, do or do not meet the objectives
of these regulations. If said plans and data do not meet the objectives,
the Board shall express its reasons therefor.
A.
Submission of preliminary layout. Upon receiving an informal agreement by the Planning Board regarding the general program and objectives, in accordance with § 121-6, the subdivider shall prepare a preliminary layout, together with improvement plans and other supplementary documents as specified in § 121-14 and following standards set forth in Article V of these regulations.
B.
Submission and fees. The submission to the Planning
Board for conditional approval of a preliminary layout shall be accompanied
by a standard handling fee as set forth from time to time by resolution
of the Town Board, payable to the Town of New Paltz. Fees are not
refundable.
[Amended 12-30-1987 by L.L. No. 9-1987]
C.
Procedure. A preliminary plat shall then be prepared
and submitted, clearly marked "preliminary subdivision plat" and showing
in detail how the subdivision is to be designed.
[Amended 2-28-2002 by L.L. No. 2-2002[1]]
(1)
The Planning Board shall comply with the requirements
of the State Environmental Quality Review Act[2] prior to considering the application for preliminary subdivision
approval complete by filing a negative declaration or notice of completion
of a draft environmental impact statement.
[2]
Editor's Note: See Art. 8 of the Environmental
Conservation Law.
(3)
The hearing shall be closed within 120 days after
it has been opened, or at such other time as the subdivider and Planning
Board may set by mutual agreement.
(4)
The Planning Board shall act to approve, with or without
modification, or disapprove such plat in accordance with § 276
of the Town Law, as amended from time to time. The Board shall state
in writing any modifications that it deems necessary for submission
of the plat in final form. The grounds for modification, if any, or
the grounds for disapproval shall be stated in writing and filed in
accordance with § 276 of the Town Law, as amended from time
to time.
(5)
In the event that the Planning Board fails to take
action on a preliminary plat within the time prescribed for such action
by the Town Law, after completion of all requirements established
by the State Environmental Quality Review Act (SEQRA) and § 239
of the General Municipal Law, or within such extended time as may
have been established by mutual consent of the Planning Board and
the applicant, the preliminary plat shall be deemed to have been approved.
(6)
Within five business days of the adoption of a resolution
granting approval, the approved plat shall be certified by the Clerk
of the Planning Board as having been granted preliminary approval,
a copy of the plat and resolution shall be filed in the Planning Board
Clerk's office, a copy of the resolution shall be mailed to the applicant,
and a copy of the resolution shall be filed in the office of the Town
Clerk.
(7)
The applicant and the Planning Board may, by mutual
consent, extend any time periods set forth in this chapter or in the
Town Law. Termination of such consent by an applicant shall only be
effective following receipt of notice of termination at a regular
meeting of the Planning Board.
[1]
Editor's Note: Section 121-7C was amended by Sec. 6 of L.L. No. 2-2002. Section 14 of that local law provided as follows: "The Town Board is aware that § 277(7) of the Town Law of the State of New York specifically provides that a Planning Board may rescind its preliminary approval if a final subdivision plat is not filed within six months of the date of that approval. By adopting Section 6 herein, the Town Board intends to supersede that provision, as well as any other provision of the Town Law that may be deemed inconsistent with the provisions of Section 6, and require that such preliminary approval shall become null and void unless the subdivider applies to extend such approval for good cause shown, and the Planning Board acts to extend the approval, so as to avoid stale approvals. The purpose of the Town Board in doing so is to protect the health, safety and welfare of the public by ensuring that final plats are promptly reviewed and processed in accordance with current subdivision regulations and standards."
D.
Applicant to attend Planning Board meeting. The subdivider
shall be prepared to attend a regular meeting of the Planning Board
to discuss the preliminary plat and the Planning Board's tentative
conclusions.
E.
Other agency review. Where review is required by other
agencies, such as the Ulster County Health Department, tentative written
recommendations of these agencies shall be filed by the subdivider
with the Planning Board.
A.
Procedure. Within six months after the date of approval of the preliminary plat, the subdivider shall file the plat in final form with the Planning Board, accompanied by any required fees and information required in Article IV. If the final plat and accompanying materials are not submitted within six months, approval of the preliminary plat shall lapse and become null and void unless the subdivider requests, and the Planning Board grants, extension of the approval, upon a showing of good cause for such extension.
[Amended 2-28-2002 by L.L. No. 2-2002]
(1)
Upon finding the application for final plat approval
complete, a public hearing on the preliminary plat shall be held in
the manner required by § 276 of the Town Law, as that law
may be amended from time to time, provided that when the Planning
Board deems the final plat to be in substantial agreement with the
approved preliminary plat and satisfactorily modified in accordance
with the requirements, if any, of such approval, the Planning Board
may by resolution waive the requirement for a public hearing on the
final plat.
(2)
A public hearing on the final plot shall be noticed in accordance with Article XVI, Public Hearings, of Chapter 140, Zoning, of the Code of the Town of New Paltz. The hearing shall be closed within 120 days after it has been opened, or at such other time as the subdivider and Planning Board shall set by mutual agreement.
[Amended 5-24-2007 by L.L. No. 2-2007]
(3)
The Planning Board shall act to approve, with or without
modification, or disapprove such plat in accordance with § 276
of the Town Law, as amended from time to time. The grounds for modification,
if any, or the grounds for disapproval shall be stated in writing
and filed in accordance with § 276 of the Town Law, as amended
from time to time.
(4)
In the event that the Planning Board fails to take
action on a final plat within the time prescribed for such action
by the Town Law, after completion of all requirements established
by the State Environmental Quality Review Act (SEQRA) and § 239
of the General Municipal Law, or within such extended time as may
have been established by mutual consent of the Planning Board and
the applicant, the final plat shall be deemed to have been approved,
and a certificate of the Town Clerk as to the date of submission and
the failure to take action within such time shall be issued on demand
and shall be sufficient in lieu of written endorsement or other evidence
of approval herein required.
(5)
Within five business days of the adoption of a resolution
granting approval, the approved plat shall be certified by the Clerk
of the Planning Board as having been granted final approval, a copy
of the plat and resolution shall be filed in the Planning Board Clerk's
office, a copy of the resolution shall be mailed to the applicant,
and a copy of the resolution shall be filed in the office of the Town
Clerk.
(6)
The applicant and the Planning Board may, by mutual
consent, extend any time periods set forth in this chapter or in the
Town Law. Termination of such consent by an applicant shall only be
effective following receipt of notice of termination at a regular
meeting of the Planning Board. Receipt of such notice shall be reflected
in the minutes of said meeting.
B.
Conditional approval.
(1)
Upon resolution of conditional approval of such final
plat, the Planning Board shall empower a duly authorized officer to
sign the plat, subject to completion of such requirements as may be
stated in the resolution. Within five days of such resolution, the
plat shall be certified by the Clerk of the Planning Board as conditionally
approved, and a copy shall be filed in his office, and a certified
copy mailed to the owner, including a certified 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.
(2)
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.
(3)
Conditional approval of the final plat shall expire
within 180 days after the resolution granting such approval, unless
all requirements stated in such resolution have been certified as
completed. Notwithstanding the foregoing provisions of this section,
the Planning Board may extend the time in which a conditionally approved
plat in final form must be submitted for signature, if, in its opinion,
such extension is warranted by the particular circumstances thereof,
for periods of 90 days each.
[Amended 12-15-2011 by L.L. No. 6-2011]
C.
Approval.
(1)
Prior to granting conditional or final approval of
a plat in final form, the Town Planning Board may permit the plat
to be subdivided into two or more sections and may, in its resolution
granting conditional or final approval, state that such requirements
as it deems necessary to ensure the orderly development of the plat
be completed before such sections may be signed by the duly authorized
officer of the Planning Board. Conditional or final approval of the
sections of a final plat, subject to any conditions imposed by the
Board, shall be granted concurrently with conditional or final approval
of the plat.
(2)
Approval of the final plat by the Planning Board does
not constitute acceptance by the Town of the dedication of any street,
highway, park or other public open space.
(3)
The signature of the duly authorized officer of the
Planning Board constituting final approval by a Planning Board of
a plat showing lots, blocks or sites, with or without streets or highways,
or the approval by such Board of the development of a plat or plats
already filed in the office of the County Clerk or register of the
county in which such plat or plats are located if such plats are entirely
or partially undeveloped, or the certificate of the Town as to the
date of the submission of the final plat and the failure of the Planning
Board to take action thereon within the time prescribed, shall expire
within 60 days from the date of such approval or from the date such
certificate is issued unless, within such sixty-day period, such plat
or a section thereof shall have been duly filed or recorded by the
owner in the office of the County Clerk or register. In the event
that the owner shall file only a section of such approved plat in
the office of the County Clerk, the entire approved plat shall be
filed within 30 days of the filing of such section with the Town Clerk
in each Town in which any portion of the land described in the plat
is situated. Such section shall encompass at least 10% of the total
number of lots contained in the approved plat, and the approval of
the remaining sections of the approved plan shall expire unless said
sections are filed before the expiration of the exemption period to
which such plat is entitled under the provisions of Subdivision 2
of § 265-a of the Town Law.
[Amended 12-30-1987 by L.L. No. 9-1987]
(4)
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.
(5)
If the Planning Board disapproves the final plat,
reasons for such disapproval shall be so stated upon its records.
D.
Endorsement by County Health Department. Where review
and/or approval by the County Health Department of the proposed water
supply and septic disposal systems is required, the proposed subdivision
plat shall be properly endorsed by the County Health Department as
meeting all applicable standards and requirements of the State or
County Health Department before final subdivision approval may be
granted by the Planning Board.
[Amended 2-28-2002 by L.L. No. 2-2002]
E.
Approval by county agencies. 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 county road,
existing or proposed, as shown on the County Official Map, except
in accord with § 239 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 Superintendent of Highways or
Commissioner of Public Works of such subdivision, and the County Superintendent
of Highways or Commissioner of Public Works shall report to the Board
within 30 working days of its approval or disapproval or 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 land.
[Amended 12-30-1987 by L.L. No. 9-1987]
F.
Filing with county.
(1)
Seven black-and-white prints of the final plat, showing
the recording date of the County Clerk thereon, shall be submitted
to the Planning Board after filing with the County Clerk.
(2)
It shall be the duty of the County Clerk, in accordance
with § 278 of the Town Law,[1] 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.
[1]
Editor's Note: Section 278 was renumbered
as § 279 by L. 1992, c. 727.
G.
Alterations to approved plats. 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 plat 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.
