Hancock, New York

A LOCAL LAW AMENDMENTS TO TOWN SUBDIVISION REGULATIONS

Be it enacted by the Town Board of the Town of Hancock, Delaware County, New York as follows:

Section 1. The definition of a “SUBDIVISION, SIMPLE”, of Section 202, of Article 200 of the Town of Hancock Land Subdivision Regulations is amended as follows:

SUBDIVISION, SIMPLE – A division of land approved by a probate or other court into any number of parcels; a division of land into no more than three (3) lots; or the sale or exchange of parcels of land between owners of abutting property only if additional lots are not created. A Simple Subdivision permits division of a parcel twice but not to exceed a total of three (3) lots. Any proposed subdivision of any land located between the top of the high water mark of Beaver Meadow Pond, Somerset Lake, Pierce Pond, Sand Pond, Delaware Lake, or Basket Pond, and the top of the natural slope surrounding these bodies of water, to a maximum of one thousand five hundred (1500) feet from said high water mark, shall not be classified as a Simple Subdivision.

(2) Paragraph C of Section 304 of Article 300 of the Town of Hancock Land Subdivision Regulations is amended as follows:

C) Public Hearing

A public hearing shall be held by the Planning Board within sixty-two (62) days from the time of submission of the Minor Subdivision Plat for approval. The hearing must be advertised at least once in a newspaper of general circulation in the town at least five (5) days prior to the hearing. The applicant shall notify by Certified Mail, at least five (5) days in advance, the owners of property abutting the proposed subdivision and directly across any adjoining road and shall furnish the Planning Board with post office receipts as proof of notification. The Planning Board may notify other persons as it deems necessary.

(3) Paragraph D of Section 304 of Article 300 of the Town of Hancock Subdivision Regulations is amended as follows:

D) Action on Minor Subdivision Plat

The Planning Board shall, within sixty-two (62) days from the date of said Public hearing, act to approve, conditionally approve with or without modifications, or disapprove such Minor Subdivision Plat and so indicate on the Plat. Failure to act within the stated time period, or a mutually agreed upon extension thereof, shall constitute approval of the Plat. The Planning Board resolution granting conditional approval, with or without modification of the Plat, shall also empower a duly authorized 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 the resolution granting conditional approval, the Plat shall be certified by the Planning Board as conditionally approved. A copy of such certification shall be filed in the office of the Planning Board Secretary and a certified copy mailed to the applicant, The copy mailed to the applicant shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved Plat.

Conditional approval of a Plat shall expire one hundred eighty (180) days after the date of the resolution granting such approval. Within such 180 day period, or any extension thereof granted by the Planning Board, the conditionally approved Minor Plat must be submitted for the Planning Board Signature of Final Approval. Upon receiving the signature of Final Approval, the Minor Subdivision Plat shall be filed in the offices of the County Clerk in accordance with the provisions of Article 300, Section 307, of these Regulations.

In the event of disapproval of a Minor Subdivision Plat, the Planning Board shall fully set forth the reasons for such disapproval in its resolution and formally notify the applicant, in writing, of the reason(s) for disapproval.

(4) Paragraph D of Section 305 of Article 300 of the Town of Hancock Land Subdivision Regulations is amended as follows:

D) Public Hearing

Within sixty-two (62) days after the time of submission of a Preliminary Plat, the Planning Board shall hold a Public Hearing on said Plat. The Hearing shall be advertised in a newspaper of general circulation in the town at least five (5) days before such hearing. This Public Hearing shall also be used to solicit comments on the Draft EIS under SEQR, if required. The applicant shall notify by Certified Mail all property owners within five hundred feet (500’) of the outside perimeter of the proposed subdivision, at least five (5) days prior to the public hearing and shall furnish the Planning Board with Post Office receipts as proof of notification. The Planning Board may notify other persons or agencies as it deems necessary.

(5) Paragraph E of Section 305 of Article 300 of the Town of Hancock Land Subdivision Regulations is amended as follows:

E) Action on Preliminary Plat

Within sixty-two (62) days from the date of such Public Hearing, the Planning Board shall take action to approve, conditionally approve with or without modifications, or disapprove such Preliminary Plat and the grounds for any modification required or the grounds for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such Preliminary Plat may be extended by mutual consent of the applicant and the Planning Board.

If the Planning Board disapproves the Preliminary Plat, it shall direct the Chairman to notify the applicant, in writing, of the specific reasons for disapproval.

(6) Paragraph B of Section 306 of Article 300 of the Town of Hancock Land Subdivision Regulations is amended as follows:

B) Public Hearing

If substantial changes are made to the plat after the first public hearing is held, the Planning Board may hold a second hearing. Such hearing shall be held within sixty-two (62) days after the time of submission of the Final Plat for Approval and shall be advertised in the same manner as the previous public hearing for Preliminary Plat Approval.

Adjacent property owners shall also be notified by the applicant as specified in Preliminary Plat Approval.

(7) Paragraph C of Section 306 of Article 300 of the Town of Hancock Land Subdivision Regulations is amended as follows:

C) Action on Final Plat

The Planning Board shall, within sixty-two (62) days from the date of submission of the Final Subdivision Plat, if no hearing is required (or within sixty-two (62) of second public hearing if required), approve, conditionally approve with or without modifications, or disapprove said Plat and so indicate on the Plat. This time period maybe extended by mutual consent of the applicant and Planning Board. Failure to act within the stated time period, or a mutually agreed upon extension thereof, shall constitute approval of the Plat.

A resolution of conditional approval shall also duly authorize and empower an officer of the Planning Board to sign the Plat for recording with the County Clerk. However, the Final Plat shall not be signed until the applicant has complied with the conditions set forth by the Planning Board and has complied with Article 400 of these Regulations. Conditional approval of a Final Plat shall expire one hundred eighty (180) days after the date of the resolution granting such approval, except that this time may be extended by the Planning Board.

If a Draft Environmental Impact Statement was required, the Planning Board’s action on the Final Plat shall include either a negative declaration or the Final EIS and a statement of findings on the subdivision as required under Section 8-0109-8 of the SEQR Act of 1975, as amended.

Within five (5) days of the Planning Board resolution of conditional approval, the Final Subdivision Plat shall be certified by the Planning Board as conditionally approved. A copy of such certification shall be filed in the office of the Town Clerk and a copy mailed to the applicant.

(8)The second paragraph of Section 308 of Article 300 of the Subdivision Regulations of the Town of Hancock is amended as follows:

The approved Plat shall be filed with the Delaware County Clerk within sixty two (62) days of the date of the Planning Board endorsement. Any Subdivision Plat not so filed, or recorded within sixty two (62) days of the date which such Plat is approved, or considered approved by reasons of the failure of the Planning Board to act, shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension which shall not exceed one additional period of thirty (30) days.

(8) Effective Date

This Local Law shall take effect immediately upon filing with the Secretary of State.

I HEREBY CERTIFY THAT THE LOCAL LAW annexed hereto, designated as Local Law No. 1 of 1995 of the Town of Hancock was duly passed by the Town Board on November 1, 1995, in accordance with the applicable provisions of law.

Melody R Oliver, Town Clerk
Leonard E Sienko Jr., Town Attorney

Dated: November 2, 1995 Town of Hancock