Town of Fenton, NY Article III Procedure

§ 127-5 Application for approval required.

Subdividers shall not contract or offer to sell any lot in any subdivision in the Town of Fenton or apply for a permit to erect a structure thereon unless the subdivision is described on a recorded map approved in accordance with applicable law or until the subdivider shall have first obtained approval of such subdivision in accordance with this chapter.

§ 127-6 Sketch plan.

A. Sketch plan required. Any person who proposes to subdivide land shall submit to the Town Clerk, at least 10 days prior to the regular meeting of the Board, six copies of a sketch plan of the proposed subdivision complying with the requirements of § 127-25 of this chapter for purposes of classification and preliminary discussion.

B. Discussion of requirements and classification. The subdivider shall attend the meeting of the Planning Board to discuss the requirements of this chapter for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.

C. Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the requirements of this chapter and shall make any recommendations for its amendment, in writing.

§ 127-7 Preliminary subdivision plat; fees.

A. Application and fee.

(1) Prior to the filing of an application for the approval of a subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in § 126-26. The preliminary plat shall, in all respects, comply with the requirements of §§ 276 and 277 of the Town Law and § 127-26 of this chapter, except where a waiver may be specifically authorized by the Planning Board.

(2) The application for approval of the preliminary plat shall be accompanied by any fees prescribed by state or local laws or regulations.

B. Number of copies. Ten copies of the preliminary plat shall be presented to the Town Clerk at least 10 days prior to a regular monthly meeting of the Planning Board.

C. Subdivider to attend Planning Board meeting. The subdivider shall attend the meeting of the Planning Board to discuss the preliminary plat.

D. Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat in the context of the requirements of the community and the best use of the land being subdivided. 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 the Master Plan, the Official Map, if any, and Chapter 150, Zoning.

E. Coordination with the State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

F. Receipt of a complete preliminary plat. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.

G. Planning Board as lead agency under State Environmental Quality Review Act; public hearing; notice; decision.

(1) Public hearing on preliminary plats. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act as follows:

(a) If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall be held within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board; or

(b) If the Planning Board determines that an environmental impact statement is required and a public hearing on the draft environmental impact statement is held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement, in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion.

(2) Public hearing; notice; length.

(a) The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing, if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. 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. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(b) At least 10 days prior to the public hearing, the applicant shall send notice thereof by certified mail, return receipt requested, to the record owners located within 500 feet of the boundaries of the subject premises. Prior to the public hearing, the applicant shall submit an affidavit sworn and subscribed before a notary public to the Town Clerk containing the following information: the names and addresses of all such property owners; a statement verifying that all such property owners' names and addresses are contained on the list; and a statement that all such property owners were properly served. The applicant shall also submit the return receipts for all property owners served along with the affidavit.

(c) The cost of preparing, publishing and mailing the required notices shall be borne by the applicant. The Town Board shall cancel the public hearing if the applicant fails to submit the required information.

(3) Decision. The Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:

(a) If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, such Board shall make its decision within 62 days after the close of the public hearing; or

(b) If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the preliminary plat. Within 30 days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary plat.

(c) Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form.

H. Planning Board not as lead agency under State Environmental Quality Review Act; public hearing; notice; decision.

(1) Public hearing on preliminary plats. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board.

(2) Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing, if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. 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. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(3) Decision. The Planning Board shall by resolution approve with or without modification or disapprove the preliminary plat as follows:

(a) If the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the preliminary plat.

(b) If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the preliminary plat within 62 days after the close of the public hearing on such preliminary plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer.

(4) Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form.

I. Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Clerk of the Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.

J. Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.

§ 127-8 Final plats; fees.

A. Submission of final plats. Final plats shall conform to the definition provided by this section. All applications for subdivision plat approval shall be accompanied by the fee prescribed by law. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Town Clerk with a copy of the application and 10 copies of the plat, and the original and one true copy of all offers of cession, covenants and agreements and 10 prints of all construction drawings at least 10 days in advance of the regular monthly meeting of the Planning Board at which it is to be officially submitted.

B. Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Broome County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Town, county and state agencies and shall be accompanied by any filing fee required by the Public Health Law or any amendments thereto. Endorsement and approval by the Broome County Department of Health shall be secured by the subdivider before official submission of the subdivision plat.

C. Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this section, the Planning Board shall by resolution conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat, within 62 days of its receipt by the Clerk of the Planning Board.

D. Final plats not in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section the following shall apply:

(1) Planning Board as lead agency; public hearing; notice; decision.

(a) Public hearing on final plats. The time within which the Planning Board shall hold a public hearing on such final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:

[1] If such Board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat or on a final plat when no preliminary plat is required to be submitted shall be held within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board; or

[2] If such Board determines that an environmental impact statement is required and a public hearing on the draft environmental impact statement is held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days following filing of the notice of completion.

(b) Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing, if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. 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 final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(c) Decision. The Planning Board shall make its decision on the final plat as follows:

[1] If such Board determines that the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days after the date of the public hearing; or

[2] If such Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on such final environmental impact statement and shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat.

(d) Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

(2) Planning Board not as lead agency; public hearing; notice; decision.

(a) Public hearing. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the final plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the final plat within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board.

(b) Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. 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 final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(c) Decision. The Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat as follows:

[1] If the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the final plat.

[2] If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the final plat within 62 days after the close of the public hearing on such final plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

§ 127-9 Approval; certification of final plats.

A. Certification of plat. Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, two ink-on-linen, Mylar or other equivalent drawings of such plat shall be submitted to and certified by the Town Clerk as having been granted conditional or final approval, and a copy of such resolution and plat shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board, and a copy of such signed plat shall be filed in the office of the Clerk of the Planning Board or filed with the Town Clerk as determined by the Town Board.

B. Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in 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 said sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.

C. Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within 180 after the resolution granting such approval, unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend by not more than two additional periods of 90 days each the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.

D. Modification of design of improvements. If prior to or during the construction of the required improvements, it is satisfactorily demonstrated to the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer, upon approval by a previously delegated member of the Planning Board, may authorize modifications. Such authorized modifications must be within the spirit and intent of the Planning Board's approval and may not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Town Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at their next regular meeting.

E. Inspection of improvements. 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. The subdivider shall also 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 and to assure the satisfactory completion of improvements and utilities required by the Planning Board.

F. Proper installation of improvements. If the Town Engineer shall find, upon inspection of the improvements, 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, the Building Inspector under the Zoning Code and the 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 other security as defined in § 127-14 herein. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.

§ 127-10 Filing of decision on final plat.

Within five business days from the date of the adoption of the resolution approving the final plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.

§ 127-11 Notice to planning agencies.

The Clerk or the Attorney of the Planning Board shall refer all applicable preliminary and final plats to such County Planning Agency, as provided in this Article.

§ 127-12 Filing of final plat; expiration of approval.

The owner shall file in the office of the County Clerk or register such approved final plat or a section of such plat within 62 days from the date of final approval or such approval shall expire. The following shall constitute final approval: the signature of the duly authorized officer of the Planning Board constituting final approval by the Planning Board of a plat as herein provided; 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 Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided. In the event that the owner shall file only a section of such approved plat in the office of the County Clerk or register, 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 plat shall expire, unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of § 265-a, Subdivision 2, of the Town Law.

§ 127-13 Subdivision abandonment.

The owner of an approved subdivision may abandon such subdivision pursuant to the provisions of § 560 of the Real Property Tax Law.

§ 127-14 Performance bond; security.

A. Furnishing of performance bond or other security. As an alternative to the installation of infrastructure and improvements, prior to Planning Board approval, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or a Town department designated by the Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Planning Board, shall be furnished to the Town by the owner.

B. Security where plat approved in sections. In the event that the owner shall be authorized to file the approved plat in sections, as provided in § 276, Subdivision 10, of the Town Law, approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the office of the County Clerk or register or the furnishing of security covering the costs of such improvements. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk or register and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.

C. Form of security. Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution, and shall be limited to: a performance bond issued by a bonding or surety company; the deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state; an irrevocable letter of credit from a bank located and authorized to do business in this state; obligations of the United States of America; or any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements. If not delivered to the Town, such security shall be held in a Town account at a bank or trust company.

D. Term of security agreement. Any such performance bond or security agreement shall run for a term to be fixed by the Planning Board; provided, however, that the term of such performance bond or security agreement may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the performance bond or security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security or that the required improvements have been installed as provided in this section and by the Planning Board, in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Town Board, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.

E. Default of security agreement. In the event that any required improvements have not been installed, as provided in this section, within the term of such security agreement, the Town Board may thereupon declare said performance bond or security agreement to be in default and collect the sum remaining payable thereunder. Upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision, but not exceeding in cost the amount of such proceeds.

§ 127-15 Cluster development.

Pursuant to a resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of Chapter 150, Zoning, in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands. The procedure and standards for such action by the Planning Board shall be as set forth in this section.

A. Request by subdivider. A subdivider may request, in writing, the use of § 278 simultaneously with or subsequent to presentation of the sketch plan as per the procedure described in Article III. The procedure outlined by § 278 of the Town Law may be followed at the discretion of the Planning Board if, in its judgment, the application of § 278 would benefit the Town. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.

B. Sketch plat. In accordance with the provisions of § 278 of the Town Law, a subdivider shall present along with the proposal a standard sketch plat which is consistent with all the criteria established by this chapter, including, but not limited to, streets being consistent with the street specifications, and lots being consistent with Chapter 150, Zoning.

C. Park, recreation, open space or other municipal purposes. If the application of this procedure results in a plat showing land available for park, recreation, open spaces or other municipal purposes directly related to the plat, the conditions as to ownership, use and maintenance of such lands necessary to assure the preservation of such lands for their intended purposes shall be set forth by the Planning Board.

D. Plat submission. Upon determination that such sketch plat is suitable for the procedures under § 278 and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all of the requirements of the resolution shall be presented to the Planning Board, and thereafter the Planning Board shall proceed with the required public hearings and all other requirements of this chapter.

E. Filing; notation on Zoning Map. When a subdivision plat map has been approved pursuant to the provisions of § 278 and this chapter, the subdivider shall also file a copy of the subdivision plat map with the Town Clerk with information concerning the date and place of its recording in the Broome County Clerk's Office. Upon such filing in the Town Clerk's office, the Town Clerk shall record the application of the conditions approved by the Planning Board under § 278 to the property so subdivided on the Town Zoning Map. The Town Clerk shall also notify the Building Inspector, appointed under Chapter 150, Zoning, when such subdivision plat has been filed.

§ 127-16 Reservation of parkland.

A. Before the Planning Board may approve a subdivision plat containing residential units, such subdivision plat shall also show, when required by such Board, a park or parks suitably located for playground or other recreational purposes.

B. Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision plat will contribute.

C. In the event that the Planning Board makes a finding pursuant to Subsection B of this section that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.