Subdivisions: Q & A
Q: Start with the first and most basic question; what is a subdivision?
A: Straight from the town definitions… “SUBDIVISION: A division of any existing parcel or area of land into two or more lots with or without creation of new streets. Subdivision includes re-subdivision.”
Q: What is a re-subdivision?
A: The most common example may be better known as a Boundary Line Adjustment.
This is when common property lines between two or more parcels are altered to make better use of land or to resolve old encroachments of buildings that may have happened years ago.
A Boundary Line Adjustment shall not create any more parcels or lots than what exists.
Q: Is municipal approval required for a subdivision?
A: Yes. The town Planning Board has approval authority over all subdivision proposals.
Q: Are there other agencies involved or does the Town Planning Board have final say?
A: Depending on many different factors will depend on what other agency’s approvals are required.
Q: What are the other agencies?
A: Oh boy!!!… you ready???… this should be a nearly complete list…
• Adirondack Park Agency
• NYS Department of Environmental Conservation
• NYS Department of Health
• NYS Department of Transportation
• NYS Department of Parks and Recreation
• NYS Thruway Authority
• NYS Attorney Generals Office
• Herkimer – Oneida County Planning Board
• Town Board
Q: Are you kidding? We have to get permits from all these agencies?
A: Again, depending on many factors like, the number of proposed lots, size of the lots, public sewers or water, amount of land physically disturbed or on-site septic and well.
Other very important factors are; location relative to state highways, county highways, wetlands, rivers, contributory waterways to the Erie Canal, designated critical environmental areas, designated wilderness areas, APA Land classifications, designated flood hazard areas to name a few.
Q: How do we find out which ones will require approvals?
A: As far as the Adirondack Park Agency, filing a Juris-dictional Inquiry Form [JIF] sooner than later will determine their involvement.
All other potentially interested agencies will be contacted either by the Town Planning Board or the APA.
Ultimately all agencies are given the opportunity to make comments.
Q: So this notification process is not our responsibility?
A: Yes and No… if another agency has jurisdiction, and requires review and approval, it is your, the applicant, responsibility to pursue that approval.
The Town Planning Board will try to assist, answer questions and respond to other agency requirements as best as possible, but the Town Planning Board is not responsible to make that happen.
Q: Is it a good idea that we contact these agencies ourselves first?
A: Absolutely. Neither the Town Planning Board, nor the code office should act as the middle-man.
We can help, but cannot design the project, answer technical questions relative to drainage, stormwater management, impacts to wetlands, on-site waste water management or a multitude of other questions that may arise.
Only the applicant with his engineer can properly address these things.
Q: When all other agencies say they have no jurisdiction, what happens?
A: In this case, the Town Planning Board will follow the standard review process outlined by the Town’s subdivision regulations and ultimately make a decision.
Q: Does this ever happen…..only the town being involved?
A: Sure, quite often. But it is almost always the very simple, minor subdivision involving only a few lots.
There cannot be any wetlands in the project area, no new roads off a state highway and meet the regulatory standards outlined by all the other agencies as Non-Jurisdictional.
Q: Where is the best place to start?
A: Sit down with your local code official, call the other agencies, ask questions and become knowledgeable.