A.
Whenever any subdivision of land is proposed to be made, 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 or his duly authorized agent shall apply in
writing on forms provided by the Town of LeRay for approval of such
proposed subdivision in accordance with the following procedures.
B.
All subdivision plats and lot line adjustments shall be prepared
by a land surveyor licensed in the State of New York.
D.
An authorized second party must provide proof of agency on forms
provided by the Town of LeRay.
A.
Lot line adjustments are subject to review administratively by the
Planning Board unless any of the follow conditions is present. If
any of these conditions is present, then the application is processed
as a major or minor subdivision.
(1)
Any parcel will be reduced by more than 50% in area or increased
by more than 100% in area.
(2)
The action involves more than four parcels.
(3)
In a lot line adjustment, a conforming lot cannot be made nonconforming.
(4)
The action involves lands determined to be environmentally sensitive,
or it is a Type I action pursuant to SEQRA.
(5)
Any involved parcel was the subject of a lot line adjustment within
the previous three years as measured from the date of filing of the
adjusted plats.
B.
Documentation shall be submitted by an applicant in conjunction with
10 copies of a completed application for a lot line adjustment, including
the following:
(1)
The lot line adjustment plat submitted to the Planning Board shall
be prepared by a licensed land surveyor.
(2)
The lot line adjustment plat shall show the following information:
(a)
The location of that portion which is to be subdivided in relation
to the entire tract, and the distance to the nearest existing street
intersection.
(b)
The approximate location of all existing structures, wooded
areas, streams and other significant physical features, within the
portion to be subdivided and within 200 feet thereof. If topographic
conditions are significant, contours shall also be indicated at intervals
of not more than 10 feet.
(c)
The name of the owner and of all adjoining property owners as
disclosed by the most recent municipal tax records.
(d)
The Tax Map sheet, block and numbers, if available.
(e)
All the utilities available and all streets which are either
proposed, mapped or built.
(f)
The proposed pattern of lots, including lot width and depth, street layout, recreation areas, systems or drainage, sewerage, and water supply [see § 135-7B] within the subdivided area.
(g)
All existing restrictions on the use of land, including easements,
covenants or zoning lines.
(h)
Deed descriptions.
C.
The lot line adjustment may be approved procedurally by a majority
vote of the Planning Board, assuming it is in compliance with the
definition and requirements as stated, except in the instance where
a variance is required.
D.
Upon approval, the applicant shall file one drawing of the lot line
adjustment plat with the Jefferson County Real Property Office and
one Mylar and associated deed description with the Jefferson County
Clerk's office within 62 days of the approval.
A.
Submission required. Any owner of land shall, prior to subdividing
or resubdividing land, submit to the Chairman of the Planning Board,
at least 12 days prior to the regular meeting of the Board, the following
information:
B.
Discussion of requirements and classification.
(1)
The subdivider, or his duly authorized representative, shall attend
the meeting of 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 the availability
of existing services and other pertinent information.
(2)
Classification of the sketch plan is to be made at this time by the
Planning Board as to whether it is a minor or major subdivision as
defined in these regulations.
(3)
The Board may require, however, when it deems it necessary for protection
of the public health, safety and welfare, that a minor subdivision
comply with all or some of the requirements specified for major subdivisions.
C.
D.
Sketch plan review. The Planning Board shall determine whether the
sketch plan meets the purposes of these regulations and shall, where
it deems it necessary, make specific recommendations, in writing,
to be incorporated by the applicant in the next submission to the
Planning Board.
E.
Documents to be submitted for sketch plan review.
(1)
The sketch plan initially submitted to the Planning Board shall be
based on Tax Map information or some other similarly accurate base
map at a scale (preferably not less than 200 feet to the inch) to
enable the entire tract to be shown on one sheet.
(2)
The sketch plan shall be submitted, showing the following information:
(a)
The location of that portion which is to be subdivided in relation
to the entire tract, and the distance to the nearest existing street
intersection.
(b)
The approximate location of all existing structures, wooded
areas, streams and other significant physical features, within the
portion to be subdivided and within 200 feet thereof. If topographic
conditions are significant, contours shall also be indicated at intervals
of not more than 10 feet.
(c)
The name of the owner and of all adjoining property owners as
disclosed by the most recent municipal tax records.
(d)
The Tax Map sheet, block and numbers, if available.
(e)
All the utilities available, and all streets which are either
proposed, mapped or built.
(f)
The proposed pattern of lots, including lot width and depth,
street layout, recreation areas, systems or drainage, sewerage, and
water supply within the subdivided area.
(g)
All existing and proposed restrictions on the use of land, including
easements, covenants, or zoning lines.
[Amended 6-14-2018 by L.L. No. 3-2018]
A.
Submission.
(1)
Within six months after sketch plan review and classification as
a minor subdivision by the Planning Board, the subdivider shall submit
a formal written request for approval of a subdivision plat. Failure
to submit within such time period shall require resubmission of the
sketch plan to the Planning Board for reclassification.
B.
Preliminary review of minor subdivisions.
(1)
Ten copies of a preliminary plat containing the following information
shall be submitted to the Planning Board at least 12 days prior to
a scheduled monthly meeting of the Planning Board:
(a)
Proposed subdivision name, name of the Town and County in which
it is located.
(b)
A copy of any such covenants, deed restrictions, easements or
other encumbrances intended to cover all or part of the tract and
run with the land in perpetuity.
(c)
The location of all existing and proposed easements on the plan.
(d)
Zoning district, including exact boundary lines of district
if more than one district, and any proposed changes in the zoning
district lines and/or the zoning ordinance text applicable to the
area to be subdivided.
(e)
The proposed lot lines with approximate dimensions and area
of each lot.
(f)
All on-site sanitation and water supply facilities shall be
designed to meet the minimum specification of the State Department
of Health or State Department of Environmental Conservation, and a
note to this effect shall be stated on the plat and signed by a licensed
engineer.
(g)
Under certain circumstances and with a case-by-case review,
the Planning Board does have the authority to accept a deed plot showing
a proposed subdivision. However, this decision is at the Planning
Board's discretion, and it reserves the right to require a traditional
survey.
(2)
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 subdivision plat.
(3)
Date officially submitted.
(a)
The time of submission of the preliminary subdivision plat shall
be considered to be the date of the regular monthly meeting of the
Planning Board.
(b)
At least 12 days prior to this date, the application for plat
approval, complete and accompanied by the required fee, shall have
been filed with the Chairman of the Planning Board.
C.
Approval of preliminary plat. The Planning Board shall, within 62
days from the date of the public hearing, approve, modify and approve
or disapprove the preliminary plat, unless such period is otherwise
extended by mutual consent of the owner and the Planning Board.
D.
Final plat for minor subdivision.
(1)
Within a period of one year from the date of preliminary approval,
the subdivider shall submit a written request for final approval of
a minor subdivision, which shall contain the following information:
(a)
All information contained on the preliminary plat as submitted
to the Planning Board; plus
(b)
An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances made and certified
to by a licensed land surveyor.
(c)
The corners of the tract shall also be located on the ground
and marked by monuments, as approved by the Zoning Enforcement Officer
or other Town designated official, and shall be referenced and shown
on the plat.
A.
Compliance with certain requirements. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and Article IV of these regulations, except where a waiver may be specifically authorized by the Planning Board.
B.
Preliminary review of major subdivisions.
(1)
Ten copies of a preliminary plat, containing the following information,
prepared at a scale of not more than 100 but preferably not less than
50 feet to the inch, shall be presented to the Chairman of the Planning
Board at least 12 days prior to a scheduled monthly meeting of the
Planning Board:
(a)
Proposed subdivision name, name of Town and county in which
it is located, date, true North point, scale, name and address of
record owner, subdivider and engineer or surveyor, including license
number and seal.
(b)
The name of all subdivisions immediately adjacent and the name
of the owners of record of all adjacent property.
(c)
Zoning district, including exact boundary lines of district
if more than one district, and any proposed changes in the zoning
district lines and/or the zoning ordinance text applicable to the
area to be subdivided.
(d)
All parcels of land proposed to be dedicated to public use and
the conditions of such dedication.
(e)
Location of existing property lines, easements, buildings, watercourses,
marshes, rock outcrops, wooded areas and other significant existing
features for the proposed subdivision and adjacent property.
(f)
Location of existing sewers, water mains, culverts and drains
on the property, with pipe sizes, grades and direction of flow.
(g)
Contours, with intervals of one foot as required by the Board,
including elevations on existing roads. Approximate grading plan if
natural contours are to be changed more than two feet.
(h)
The width and location of all streets or public ways proposed
by the developer.
(i)
The approximate location and size of all proposed water lines,
valves, hydrants, sewer lines, and fire alarm boxes; connection to
existing lines or alternate means of water supply or sewage disposal
and treatment as provided in the Public Health Law; and profiles of
all proposed sewer lines.
(j)
Storm drainage plan, indicating the approximate location and
size of proposed lines and their profiles, and connection to existing
lines or alternate means of disposal.
(k)
Plans and cross-sections showing the proposed location and type
of sidewalks, streetlighting standards, street trees, curbs, water
mains, sanitary sewers and storm drains, and the size and type thereof,
the character, width and depth of pavements and subbase, and the location
of manholes, basins and underground conduits.
(l)
Preliminary designs of any bridges or culverts which may be
required.
(m)
The proposed lot lines with approximate dimensions and area
of each lot.
(n)
Where the topography is such as to make difficult the inclusion
of any of the required facilities within the public areas as laid
out, the preliminary plat shall show the boundaries of proposed permanent
easements over or under private property, which permanent easements
shall not be less than 20 feet in width and which shall provide satisfactory
access to an existing public highway or other public highway or public
open space shown on the subdivision or the Official Map.
(o)
An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances, made and certified
to by a licensed land surveyor. The corners of the tract shall also
be located on the ground and marked by substantial monuments of such
size and type as approved by the Town Zoning Enforcement Officer or
other designated official and shall be referenced and shown on the
plat.
(2)
If the application covers only a part of the subdivider's entire
holding, a map of the entire holding, a map of the entire tract, drawn
at a scale of not less than 400 feet to the inch, showing an outline
of the platted area with its proposed streets and an indication of
the probable future street system with its grades and drainage in
the remaining portion of the tract and the probable future drainage
layout of the entire tract shall be submitted. The part of the subdivider's
entire holding submitted shall be considered in the light of the entire
holdings.
(3)
A copy of any such covenants, deed restrictions, easements or other
encumbrances intended to cover all or part of the tract and run with
the land in perpetuity.
(4)
Attendance of subdivider at Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of
the Planning Board to discuss the preliminary subdivision plat.
C.
Study of preliminary plat.
(1)
The Planning Board shall study the practicability of the preliminary
plat, taking into consideration the requirements of the community
and the best use of the land being subdivided.
(2)
Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of Chapter 158, Zoning.
D.
Approval of preliminary plat.
(1)
The Planning Board shall, within 62 days from the date of the public
hearing, approve, modify and approve or disapprove the preliminary
plat, unless such time period is otherwise extended by mutual consent
of the owner and the Planning Board.
(2)
When granting approval to a major subdivision preliminary plat, the
Planning Board shall state the following:
(a)
Conditions of such approval, if any, with respect to the specific
changes which it will require in the final plat;
(b)
The character and extent of the 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;
(c)
The amount of improvement or the provisions of all bonds, other
security or conditions therefor which it will require as prerequisite
to the approval of the subdivision plat.
(3)
The action of the Planning Board plus any conditions attached thereto
shall be noted on three copies of the preliminary plat. One copy shall
be returned to the subdivider, one retained by the Planning Board.
(4)
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 as a guide to the
preparation of the final plat, which will be submitted for approval
of the Planning Board and for recording upon fulfillment of the requirements
of these regulations and the conditions of the approval, if any.
(5)
Prior to final approval of the subdivision plat, the Planning Board
may require additional changes as a result of further study of the
subdivision in final form or as a result of new information obtained
at the public hearing.
E.
Final plat for major subdivision.
(1)
Time limit for submission.
(a)
The subdivider shall, within six months after the approval of
the preliminary plat, file with the Planning Board a written request
for approval of the subdivision plat in final form.
(b)
If the final plat is not submitted within six months after approval
of the preliminary plat, the Planning Board may refuse to approve
the final plat and require resubmission of the preliminary plat.
(2)
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the approval of the Planning Board shall provide the Chairman
of the Board with a copy of the application and three copies of the
plat, the original and one true copy of all offers of cession, covenants
and agreements, and two prints of all construction drawings, at least
12 days in advance of the regular monthly Planning Board meeting at
which it is to be officially submitted.
(3)
The following documents shall be submitted for final plat approval:
(a)
The plat to be filed with the County Clerk shall be drawn at
a scale of no more than 100 feet to the inch and oriented with the
North point at the top of the map. When more than one sheet is required,
an additional index sheet of the same size shall be filed showing,
to scale, the entire subdivision, with lot and block numbers clearly
legible.
(b)
The final plat shall show:
[1]
Proposed subdivision name or identifying title and the name
of the Town and county in which the subdivision is located, the name
and address of record owner and subdivider, and the name, license
number and seal of the licensed land surveyor.
[2]
Street lines, pedestrian ways, lots, reservations, easements
and areas to be dedicated to public use.
[3]
Sufficient data acceptable to the Town Zoning Enforcement Officer
or other designated Town official to determine readily the location,
bearing and length of every street line, lot line, boundary line,
and to reproduce such lines upon the ground. Where applicable, these
should be referenced to monuments included in the state system of
plane coordinates and, in any event, should be tied to reference points
previously established by a public authority.
[4]
The length and bearing of all straight lines, radii, length
of curves and central angles of all curves, and tangent bearings shall
be given for each street. All dimensions and angles of the lines of
each lot shall also be given. All dimensions shall be shown in feet
and decimals of a foot. The plat shall show the boundaries of the
property, location, graphic scale and true North point.
[5]
The plat shall show by proper designation thereon all public
open spaces for which deeds are included and those spaces title to
which is reserved by the developer. For any of the latter, there shall
be submitted with the subdivision plat copies of agreements or other
documents showing the manner in which such areas are to be maintained
and the provisions made therefor.
[6]
All offers of cession and covenants governing the maintenance
of unceded open space shall bear the certificate of approval of the
Town Attorney as to their legal sufficiency.
[7]
Lots and blocks within a subdivision shall be numbered and lettered
in alphabetical order in accordance with the prevailing Town practice.
[8]
Permanent reference monuments shall be shown and shall be constructed
in accordance with specification of the Town Zoning Enforcement Officer
or other designated Town official. When referenced to the state system
of plane coordinates, they shall also conform to the requirements
of the State Department of Transportation. They shall be placed as
required by the Town Zoning Enforcement Officer or other designated
Town official and their location noted and referenced upon the plat.
[9]
Monuments of a type approved by the Town Zoning Enforcement
Officer or other designated Town official shall be set at all corners
and angle points of the boundaries of the original tract to be subdivided,
and at all street lines, points of curve and such intermediate points
as shall be required by the Town Zoning Enforcement Officer or other
designated Town official.
[10]
Monuments of a type approved by the Town Zoning Enforcement
Officer or other designated Town official shall be set at all corners
and angle points of the boundaries of the proposed subdivided lots
prior to the filing of a zoning permit, yet shall not be required
as part of the subdivision application.
[11]
A map shall be submitted to the satisfaction of the Planning Board indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to § 135-8A, then said map shall be submitted prior to final approval of the subdivision plat. However, if the subdivider elects to provide a security for all required improvements as specified in § 135-8A, such security shall not be accepted or released until such a map is submitted in a form satisfactory to the Planning Board.
(4)
Date officially submitted.
(a)
The time of submission of the subdivision plat shall be considered
to be the date of the regular monthly meeting of the Planning Board.
(b)
At least 12 days prior to this date, the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 135-7B of these regulations, shall have been filed with the Chairman of the Planning Board.
(c)
In addition, if the applicant elects to construct any or all required improvements [as specified in § 135-8A], the Town Zoning and Building Inspector or other designated official must file a letter with the Planning Board stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.
(5)
Endorsement of state and county agencies. Water and sewer facility
proposals contained in the subdivision plat shall be properly endorsed
and approved by the New York State Department of Health and the New
York State Department of Environmental Conservation. Applications
for approval of plans will be filed by the Town with all necessary
county and state agencies.
(6)
Public hearing. A public hearing may be held by the Planning Board
within 62 days after the time of submission of the subdivision plat
for approval. This hearing shall be advertised in a newspaper of general
circulation in the Town at least five days before such hearing.
F.
Action on proposed subdivision plat.
(1)
The Planning Board shall, within 62 days from the date of the public
hearing on the subdivision plat, approve, modify and conditionally
approve or disapprove the subdivision plat.
(2)
If the hearing is waived, the Planning Board's action must be
taken within 64 days of receipt of the final plat by the Clerk of
the Planning Board.
(3)
The time within which the Planning Board must act on the final plat
may be extended by mutual consent of the owner and the Planning Board.
(4)
The Planning Board in acting on a final plat may also make conditional
approvals. This type of approval is an approval subject to conditions
set forth by the Planning Board.
(5)
Upon satisfaction of these, the plat must be signed by an official
of the Planning Board before it may be filed.
(6)
The owner shall have 180 days to meet the conditions, and the Planning
Board may extend this time for up to 180 additional days.
A.
Improvements and performance bond/security. Before the Planning Board grants final approval of the subdivision plat, the subdivider may be required to follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
In an amount set by the Town Board, the subdivider shall either file
with the Town Clerk a certified check to cover the full cost of the
required improvements or the subdivider shall file with the Town Clerk
a performance bond or letter of credit to cover the full cost of the
required improvements. Any such security shall comply with the requirements
of § 277 of the Town Law and shall be satisfactory to the
Board, the Town Zoning Enforcement Officer or other designated official
as to form, sufficiency, and 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.
(2)
Prior to the issuance of a zoning permit by the Zoning Enforcement
Officer, the subdivider shall complete all required improvements to
the satisfaction of the Zoning Enforcement Officer or other designated
official, who shall file with 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 letter of credit, bond or certified check
covering the costs of such improvements and the cost of satisfactorily
installing any improvement not approved by the Zoning Enforcement
Officer or other designated official. Any such security shall be satisfactory
to the Town Board as to form, sufficiency, manner of execution and
surety.
B.
Modification of design of improvements.
(1)
If at any time before or during the construction of the required
improvements it is demonstrated to the satisfaction of the Town Zoning
Enforcement Officer or other designated official that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the Town Zoning Enforcement Officer or
other designated official may, upon approval by a previously delegated
member of the Planning Board, authorize modifications.
(2)
All modifications shall be within the spirit and intent of the Planning
Board's approval and do not extend to the waiver or substantial
alteration of the function of any improvements required by the Board.
(3)
The Town Zoning Enforcement Officer or other designated official
shall issue any authorization under this section in writing and shall
transmit a copy of such authorization to the Planning Board at its
next regular meeting.
C.
Inspection of improvements.
(1)
At least five days prior to commencing construction of required improvements,
the subdivider shall pay to the Town Clerk the inspection fee required
by the Town Board.
(2)
Within the same five-day period, the subdivider shall notify the
Town Board, in writing, of the time when he proposes to commence construction
of such improvements, so that the Town Board may cause inspection
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.
D.
Proper installation of improvements.
(1)
If the Town Engineer or other designated official shall find, upon
inspection of the improvements performed before the expiration date
of the security, that any of the required improvements have not been
constructed in accordance with plans and specifications filed by the
subdivider, he shall so report to the Town Board and Planning Board.
(2)
The Town Board then shall notify the subdivider and, if necessary,
the surety company, and take all necessary steps to preserve the Town's
rights under the surety.
(3)
No plat shall be approved by the Planning Board as long as the subdivider
is in default on any previously approved plat.
A.
Final approval and filing.
(1)
Upon completion of the requirements in §§ 135-5, 135-6, 135-7 and 135-8 above, and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) and shall be filed by the applicant in the office of the County Clerk.
(2)
Any subdivision plat not so filed or recorded within 62 days of the
date upon which such plat is approved or considered approved shall
become null and void.
B.
Plat void if revised after approval.
(1)
No changes, erasures, modifications, or revisions shall be made in
any subdivision plat after approval has been given by the Planning
Board and endorsed in writing on the plat, unless said plat is first
resubmitted to the Planning Board and such Board approves any modifications.
(2)
In the event that any such subdivision plat is recorded without complying
with this requirement, the same shall be considered null and void
and the Board shall institute proceedings to have the plat stricken
from the records of the County Clerk.
A.
Public acceptance of streets. The approval of 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 recreation areas.
(1)
When a park, playground or other recreation area shall have been
shown on a plat, the approval of said plat shall not constitute an
acceptance by the Town of such area.
(2)
The Planning Board shall require the plat to be endorsed with appropriate
notes to this effect.
(3)
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 provision for the cost of grading, development,
equipment and maintenance of any such recreation area.
