Subdivision
Regulations - Article III (Note:
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Regulations is for informational purposes only and may
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Subdivision
Regulations
ARTICLE III - PROCEDURES FOR FILING AND REVIEW OF SUBDIVISION APPLICATIONS
Whenever any subdivision of land is proposed to be made within the Town 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 shall make application for and receive final approval of such proposed subdivision in accordance with the following procedures. No building permits may be issued for development within the proposed subdivision prior to the time that the subdivision plat is filed as required by Section 6 of this Article Ill.
In the case of a division of land resulting from a bona fide gift, devise or inheritance by and from natural persons which constitutes a minor subdivision, the Planning Board may, in its sole discretion, waive the required fee and/or the public hearing. However, such a division of land shall remain subject to all other provisions of these Subdivi3':on Regulations and any new land use, development or construction on lots created thereby shall be subject to the provisions of the Town of Chester Zoning Ordinance. This provision is intended to supersede the requirement for a public hearing set forth in Town Law Section 276(5),(6). A division of land resulting from a bona fide gift, devise or inheritance by and from natural persons which constitutes a major subdivision shall be subject to all of the provisions of these Subdivision Regulations.
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act ("SEQRA") under Article 8 of the New York Environmental Conservation Law and its implementing regulations. Time periods set forth below may be modified to coordinate with SEQRA review as provided in New York State Town Law Section 276.
SECTION 3.01 Sketch Plan
A. Submission of Sketch Plan
Prior to any subdivision of land, the subdivider may submit to the Zoning Administrator a pre-application data sheet (on a form to be supplied by the Zoning Administrator) with two copies of a Sketch Plan of the proposed subdivision, complying with the requirements of Article V, Section 1, for the purposes of classification and preliminary discussion. The deadline for submission of applications shall be clearly stated on the application form and shall not be more than ten (10) days prior to the date of the Planning Board meeting at which the application is to be considered.
B. Discussion ofRequirements and Classification
After submission of a Sketch Plan, the subdivider shall meet with the Planning Board to discuss the requirements of these regulations, including those relating to street design and construction, placement of utilities, drainage, sewerage, water supply, fire protection, and parks and open space areas, as well as the availability of existing services and other pertinent information. Classification of the subdivision shown by the Sketch Plan as a Minor or Major Subdivision shall be made at this time by the Planning Board.
Minor Subdivision - If the Sketch Plan is classified as a Minor Subdivision, the subdivider shall then comply with the procedures outlined in Sections 2 and 6 of this article.
Major Subdivision - If it is classified as a Major Subdivision, the subdivider shall then comply with the procedures outlined in Sections 3, 4, 5, 6 and 7 of this article.
Regional Subdivision - The Board shall also determine at this time whether the subdivision shown by the Sketch Plan is a regional subdivision and thereby also subject to the special requirements of Article IV, Section 9 hereof.
C. Planning Board Recommendations Concerning Sketch Plan
The Planning Board shall study the Sketch Plan, and shall make advisory recommendations to the subdivider as to whether the subdivision shown by the Sketch Plan meets the requirements of these regulations insofar as can be determined. If possible, the Board shah' make these recommendations at the same time it meets with the subdivider and classifies the subdivision, and in no case shall the Board fail to make such recommendations within thirty (30) days of submission of the Sketch Plan.
If the Planning Board does not approve of the Sketch Plan, it shall move to direct the Chairman to notify the applicant, in writing, of the specific reasons for disapproval. The Planning Board may also move to accept the pre-application concept subject to certain conditions or modifications. Such conditions or modifications should be clearly stated and shall be contained in the letter of approval from the Chairman of the Planning Board.
A disapproval of the Sketch Plan submission does not preclude the right of the subdivider to apply for final plat approval.
In addition, the Planning Board shall review the location of the proposed subdivision for the presence of any adverse physical, biological, aesthetic or public considerations limiting development of the site as shown on the Land Development Limitations Map on file in the Town offices. If the site falls within areas denoted as having "moderate" or "severe" limitations on such maps, the Planning Board may request the subdivider to consult with appropriate technical review or assistance agencies (such as but not limited to the Soil Conservation Service and the State or County Department of Health) to determine appropriate measures to mitigate or eliminate such problems. The findings or recommendations of such agencies shall not be binding on the Planning Board or the subdivider.
Section 3.02 Review of Minor Subdivision Plats
A.Application and Fee
Unless otherwise agreed by the Planning Board and the subdivider, the subdivider shall submit an application for Minor Subdivision Plat approval within six months after classification of the subdivision shown by the Sketch Plan as a Minor Subdivision by the Planning Board, and the Board's recommendations thereon. Failure to do so within such time period may require resubmission of the Sketch Plan to the Planning Board. The application shall be on a form provided by the Zoning Administrator, and shall include the elements described in Article V, Section 2 hereof, and the Plat shall conform to the layout shown on the Sketch Plan, reflecting any recommendations made by the Planning Board.
All applications for Minor Subdivision Plat approval shall be accompanied by an application fee as determined by the Town Board.
In addition to the application fee, the Zoning Administrator, the Planning Board or the Zoning Board of Appeals may charge an additional fee to developers of projects requiring legal and/or technical review. The fee charged to the project developer shall reflect the actual cost of such legal and technical assistance.
In addition, if the Planning Board is the lead agency pursuant to the State Environmental Quality Review Act ("SEQ RA"), the Planning Board may charge an additional fee to recover the costs of preparing or reviewing a draft and/or final environmental impact statement, as set forth in the SEQRA Regulations at 6 NYCRR Part 617.
B.Number of Copies
Three (3) copies of the application for Minor Subdivision Plat approval shall be presented to the Zoning Administrator at the time of submission of the Subdivision Plat. The deadline for submission of applications shall be clearly stated on the application form and shall not be more than ten (10) days prior to the date of the Planning Board meeting at which the application is to be considered. No incomplete application will be accepted for filing. Final plat shall conform to the layout of the sketch plan and reflect recommendations made by the Planning Board.
Upon receipt of completed Final Plat submission, the Zoning Administrator shall make the following distribution:
1. One (1) copy shall be retained for review by the Planning Board/Zoning Administrator.
2. One (1) copy shall be placed on file with the Town Assessor.
3. One (1) copy shall be placed on file for any additional required use.
C.Subdivider to Attend Planning Board Meeting
The Planning Board shall review the application as submitted by the subdivider at its next scheduled meeting after the date on which the application was filed with the Zoning Administrator. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the Subdivision Plat.
D.Date of Official Submission
The date of the submission of the Subdivision Plat shall be considered to be the date on which both a completed application for Minor Subdivision Plat approval and the required fee have been filed with the Clerk of the Planning Board.
E.Public Hearing
A public hearing shall be held by the Planning Board within sixty-two (62) days from the date of official submission of the Subdivision Plat for approval. Such hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five (5) days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems appropriate for full public consideration of such Plat.
F.Action on Subdivision Plat
Not more than sixty-two (62) days after the completion of the public hearing, the Planning Board shall by resolution conditionally approve, disapprove, or grant final approval and authorize the signing of the Subdivision Plat. This time period may be extended by written agreement of the subdivider and the Planning Board. Failure of the Planning Board to act within such sixty-two (62) day or otherwise agreed upon period shall be deemed final approval of the plat and a certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand. In making its decision the Board shall apply the standards and requirements set forth in Article IV below insofar as those standards are pertinent to the proposed subdivision. The Board shall require the subdivider to satisfy the provisions of Section 5 of this article with respect to any required improvements associated with the proposed subdivision. The Board shall also consider any findings or recommendations of technical review or assistance agencies consulted by the subdivider at the Board's request pursuant to Section 1(C) of this article. The grounds for disapproval, or for the conditions and requirements of a conditional approval, shall be explicitly set forth in the Board's resolution.
Upon granting conditional approval of the Plat, the Planning Board shall empower a duly designated officer to sign the Plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five (5) business days of the resolution granting conditional approval, the Plat shall be certified by the Clerk of the Planning Board as conditionally approved, a copy shall be filed in his/her office, and a 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 to the satisfaction of the duly designated officer of the Planning Board, the Plat shall be deemed to have received final approval, and such officer shall sign the Plat accordingly. Conditional approval of a Plat shall expire one hundred eighty (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 under the circumstances, for not more than two additional periods of ninety (90) days each.
Section 3.03 Review of Major Subdivision Preliminary Plats
A.Application and Fee
Unless otherwise agreed by the Planning Board and the subdivider, the subdivider shall submit an application for Preliminary Plat approval within six months after classification of the subdivision shown by the Sketch Plan as a Major Subdivision by the Planning Board, and the Board's recommendations thereon. The application shall be on a form provided by the Zoning Administrator and shall include the elements described in Article V, Section 3 hereof, and the Plat shall conform to the layout shown on the Sketch Plan, reflecting any recommendations made by the Planning Board. Only a complete preliminary subdivision plat will be accepted for filing with the Planning Board.
The application for Preliminary Plat approval shall be accompanied by an application fee as determined by the Town. Board.
In addition to the application fee, the Zoning Administrator, the Planning Board or the Zoning Board of Appeals may charge an additional fee to developers of projects requiring legal and/or technical review. The fee charged to the project developer shall reflect the actual cost of such legal and technical assistance.
In addition, if the Planning Board is the lead agency pursuant to the State Environmental Quality Review Act ("SEQ RA"), the Planning Board may charge an additional fee to recover the costs of preparing or reviewing a draft and/or final environmental impact statement, as set forth in the SEQRA Regulations at 6 NYCRR Part 617.
B. Number of Copies
Three (3) copies of the application for Preliminary Plat approval shall be presented to the Zoning Administrator at the time of submission of the Preliminary Plat. The deadline for submission of applications shall be clearly stated on the application form and shall not be more than fifteen (15) days prior to the date of the Planning Board meeting at which the application is to be considered.
The Zoning Administrator shall distribute copies of the preliminary subdivision plat to:
1. One (1) copy shall be retained for review by the Planning Board/Zoning Administrator.
2. One (1) copy shall be placed on file with the Town Assessor.
3. One (1) copy shall be placed on file for any additional use required.
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.Date of Official Submission
The date of submission of the Preliminary Plat shall be considered to be the date on which both a completed application for Preliminary Plat approval and the required fee have been filed with the Clerk of the Planning Board where required by Section 239-k or 239-n of the General Municipal Law.
E.Study of Preliminary Plat
The Planning Board shall study the Preliminary Plat, taking into consideration the provisions of these regulations, the requirements of the community, and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location, and design of streets, and their relation to topography, water supply, sewage disposal, drainage, lot sizes and arrangement, the placement of utilities, the future development of adjoining lands as yet unsubdivided, and the requirements of the Master Plan and the Official Map, if such exist, and the Zoning Ordinance. In addition, the Planning Board shall consider any findings or recommendations of technical review or assistance agencies consulted by the subdivider at the Board's request pursuant to Section 1(C) of this article.
Action on the Preliminary Plat
Within sixty-two (62) days after the date of official submission of the Preliminary Plat, the Planning Board shall hold a public hearing, which shall be advertised at least once in a newspaper of general circulation in the Town at least five (5) 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. Not more than sixty-two (62) days after the completion of such hearing, the Planning Board shall approve, conditionally approve with or without modification or disapprove such Preliminary Plat. This time period may be extended by written agreement of the subdivider and the Planning Board. In making its decision, the Board shall apply the standards and requirements set forth in Article IV below insofar as those standards are pertinent to the proposed subdivision. The grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When 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 (5) days of the approval of such Preliminary Plat it shall be certified by the Clerk of the Planning Board as granted approval and a copy filed in his office, a copy mailed to the owner, and a copy forwarded to the Town Board. Failure of the Planning Board to act within such sixty-two (62) day or other wise agreed-upon period shall be deemed approval of the Preliminary Plat.
When granting approval to a Preliminary Plat, the Planning Board shall state the terms of such approval, if any, with respect to (1) the modifications to the Preliminary PIat, (2) the character and extent of any 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, (3) the amount of improvement or the amount of all bonds or other security which it will require as prerequisite to Subdivision Plat approval. 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, and as a guide to the preparation of the Subdivision Plat.
Section 3.04 Review of Major Subdivision Final Plats
A. Application and Fee
Unless otherwise agreed by the Planning Board and the subdivider, the subdivider shall submit an application for Major Subdivision Plat approval within six (6) months after Preliminary Plat approval. Failure to do so within such time period may require submission of the Preliminary Plat to the Planning Board. The application shall be on a form provided by the Clerk of the Planning Board, and shall include the elements described in Article V, Section 4 hereof, and the Plat shall conform to the Preliminary Plat, as modified by the Planning Board if such Preliminary Plat was approved with modifications.
All applications for Major Subdivision Plat approval shall be accompanied by an application fee as determined by the Town Board.
B. Number of Copies
Three (3) copies of the application for Major Subdivision Plat approval shall be presented to the Zoning Administrator at the time of submission of the Subdivision Plat.
Upon receipt of completed Final Plat submission, the Zoning Administrator shall make the following distribution:
1. One (1) copy shall be retained for review by the Planning Board/Zoning Administrator.
2. One (1) copy shall be placed on file with the Town Assessor.
3. One (1) copy shall be placed on file for any additional use required.
C. Date of Official Submission
The date of submission of the Subdivision Plat shall be considered to be the date on which both a completed application for approval of the Subdivision Plat, including any endorsements required by paragraph D of this section, and the required fee have been filed with the Clerk of the Planning Board. The deadline for submission of applications shall be clearly stated on the application form and shall not be more than ten (10) days prior to the date of the Planning Board meeting at which the application is to be considered.
D. Endorsement of State and County Agencies
Evidence shall be supplied that any proposed water supply and sewage disposal facilities associated with the Subdivision Plat requiring approval by the Department of Environmental Conservation and/or the State or County Department of Health have received at least preliminary approval(s) of such facilities.
E. Public Hearing
Within sixty-two (62) days of the date of official submission of the Subdivision Plat for approval, a public 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 (5) days before such hearing, and further advertised in such manner as the Board deems appropriate for full public consideration of such Plat, provided however, that when the Planning Board deems the final Plat to be in substantial agreement with a Preliminary Plat approved under Section 3 of this article, and modified in accordance with requirements of such approval if such Preliminary Plat was approved with modification, the Planning Board may waive the requirement for such public hearing.
F. Action on Subdivision Plat
Within sixty-two (62) days of the date of official submission of a Subdivision Plat if no hearing is held, or in the event a hearing is held, not more than sixty-two (62) days after the completion of such hearing, the Planning Board shall by resolution conditionally approve, disapprove, or grant final approval and authorize the signing of such Plat. This time period may be extended by written agreement of the subdivider and the Planning Board. Failure to take action on a final Plat within such sixty-two (62) day or otherwise agreed-upon period shall be deemed final approval of the Plat and a certificate of the Town Clerk as to the date of submission and the failure to take action shall be issued on demand. In making its decision the Board shall apply the standards and requirements set forth in Article IV hereof insofar as those requirements are pertinent to the proposed subdivision. Final approval shall not be granted until the requirements of Section 5 of this article have been met.
Upon granting conditional approval of the final Plat, the Planning Board shall empower a duly designated officer to sign the Plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five (5) days of such resolution the Plat shall be certified by the Clerk of the Planning Board as conditionally approved and a copy filed in his office and a copy mailed to the owner. The copy mailed to the owner shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final Plat. Upon completion of such requirements to the satisfaction of the duly designated officer of the Planning Board, the Plat shall be deemed to have received final approval, and such officer shall sign the Plat accordingly. Conditional approval of a final Plat shall expire one hundred eighty (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 more than two additional periods of ninety (90) days each.
Section 3.05 Required Improvements
A. Improvements and Performance Bond
Before the Planning Board grants final approval of a Subdivision Plat, the subdivider shall follow the procedure set forth in either subparagraph (1) or subparagraph (2) below:
1. The subdivider shall furnish a performance bond or other security to cover the full cost of the required infrastructure and improvements. Any such security shall comply with the requirements of Section 277 of the New York State Town Law and further, shall be satisfactory to the Town Board and counsel to the Town 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 security within which required improvements must be completed. The term of such performance bond may be extended by the Planning Board with the consent of the parties thereto.
The subdivider shall complete all required infrastructure and improvements to the satisfaction of the Town representative, 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 performance bond or other security covering the costs of satisfactorily completing such improvements as described in paragraph (1) above. Any such bond or security shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety.
3. The required infrastructure and improvements shall not be considered to be completed until the improvements and their installation have been approved by the Town representative and a map has been submitted to the Planning Board indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to subparagraph (2), then this map shall be submitted prior to final approval and the signing of the Plat by the duly designated officer of the Planning Board. If the subdivider elects to provide a bond or security for all required improvements as specified in subparagraph (1), or part of the required improvements as specified in subparagraph (2), such security shall not be released until such a map is submitted.
B. Inspection of Improvements
At least five (5) days prior to commencing construction of any required improvements the subdivider shall pay to the Town Clerk the inspection fee required by the Town Board and shall notify the Board in writing of the time when he proposes to commence construction of such improvements so that the Board may cause inspection by the Town representative to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required by the Planning Board.
C. Proper Installation of Improvements
If the Town representative shall find, upon inspection of the improvements performed before the expiration date of any performance bond or security, that any of the required improvements have not been constructed in accordance with approved plans and specifications filed by the subdivider or any conditions of Planning Board approval, he shall so report to the Town Board and Planning Board. The Town Board then shall notify the subdivider and take all necessary steps to preserve the Town's rights under the bond or security. No Plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved Plat.
Section 3.06 Filing of Approved Subdivision Plat
A. Final Approval and Filing
Upon receiving final approval pursuant to Section 2 or Section 4 of this article and being properly signed by the duly designated officer of the Planning Board or upon receiving a certificate from the Town Clerk as to the Planning Board's failure to act within the prescribed time period, a Subdivision Plat shall be filed or recorded in the Office of the County Clerk or Register of the County with a copy print provided to the Town Clerk. However, the signature of the duly
designated officer of the Planning Board, or the certificate from the Town Clerk, shall expire sixty (60) days from the date of such signature or the issuance of such certificate unless within such sixty (60) day period the Plat has been duly filed or recorded in the office of the County Clerk or Register. In addition to such filing or recording, in the case of a Class B regional subdivision, a copy of the permit issued under Article IV Section 9 hereof shall be recorded by the subdivider within sixty (60) days in the Adirondack Park Agency Regional Permit Book in the office of the said County Clerk.
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 a duly designated officer thereof has signed the Plat, unless such Plat is first resubmitted to the Planning Board and such Board approves in writing any modifications. In the event that any such modified or revised Subdivision Plat is recorded without complying with this requirement, such recording shall be null and void, and the Board shall institute proceedings to have the Plat stricken from the records of the County Clerk.
Section 3.07 Public Streets, Parks and Recreation Areas
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 Park, Recreation or Open Space Areas
When a park, playground, or other recreation area or open space shall have been shown on a Plat, Planning Board approval of the 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, where such requirement is considered necessary or desirable by the Planning Board to realize best use of the site, provision for the cost of grading, development, equipment, and maintenance of any such recreation area.
Section 3.08 Cluster Development
Whereas pursuant to a resolution of the Town Board, the Planning Board has been empowered pursuant to Section 278 of the New York State Town Law to approve a cluster development in which the provisions of the Zoning Ordinance are modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to enable and encourage flexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of open lands, the following shall be the standards and procedures:
A. Standards
1. The Planning Board may make such modifications only with respect to lands within the Hamlet Residential (HR), Moderate Intensity Residential (MIR), Low Intensity (L) and Rural Use (RU) districts.
2. No such modification by the Planning Board shall result in a greater overall density of lots or dwelling units than is permitted in the zoning district in which such lands are located, as specified in the Zoning Ordinance and as shown on the official zoning map. The subdivision must comply with the minimum shoreline width restrictions of the Zoning Ordinance.
3. No subdivision shall be approved by the Planning Board pursuant to this section which shall not reasonably safeguard the appropriate use of adjoining land or which shall not be consistent with the purposes and intent of the Town Zoning Ordinance or the policy of these regulations.
4. In the event that the utilization of this section results in a Plat showing lands available for park, recreation, or other municipal purposes directly related to the Plat, or in a Plat showing lands to be retained in open space in order to comply with the average density of lots or dwelling units that is permitted in the zoning district in which such lands are located, the Planning Board, as a condition of Plat approval, may establish in the case of lands for park, recreation or other municipal purpose, such conditions on the ownership, use, and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes, and may further, in the case of lands to be retained in open space, require that such lands be restricted by deed restriction, restrictive covenant, conveyance of a scenic easement or other conservation restriction to the Town, or other appropriate means against any development or land use inconsistent with their retention in open space.
5. The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in the Zoning Ordinance.
B. Procedures
1. Request by Subdivider. A subdivider may request the use of this section simultaneously with the submission of the Sketch Plan, as described in Article Ill, Section 1. Any request to use this Section made subsequent to submission of the Sketch Plan shall require a resubmission of the Sketch Plan.
2. Alternate Sketch Plan. Along with a proposal utilizing the provisions of this section a subdivider shall present for the Planning Board's consideration an alternate Sketch Plan, with lots meeting the minimum lot area, minimum lot width, and minimum shoreline lot width requirements of the Zoning Ordinance which is consistent with all the criteria established by these Subdivision Regulations including, but not limited to, streets being consistent with the street specifications and lots being consistent with the Zoning Ordinance.
Upon receipt of an application for a conventional subdivision meeting minimum lot area, width and shoreline lot width requirements of the Zoning ordinance, the Planning Board may require the applicant to submit an application and Sketch Plan for cluster development pursuant to this Section.
3. Plat Submission. Upon determination by the Planning Board that the Sketch Plan utilizing the provisions of this section is suitable, the procedures attendant to and subsequent to the Sketch Plan submission, as set forth in this article, shall be followed in regular order.
4. Local Filing. Notation on Zoning Map. Any Subdivision Plan finally approved which involves modifications as provided for in this section shall be filed, in addition to the filing required by Article Ill, Section 6 hereof, with the Town Clerk, who shall make appropriate notation and reference thereto on the Town Zoning Map.