Village of Manlius, NY Article II Subdivision Approval

§ 87-3 Written application required.

A. Whenever any subdivision is proposed to be made and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made and before any permit for the erection of a structure shall be granted, the subdivider shall apply, in writing, to the Planning Board for approval of such subdivision in accordance with these regulations. All such applications shall be on forms provided by the Village and submitted to the Village Clerk with the applicable filing fee as set, from time to time, by resolution of the Village Board.

[Amended 5-14-2019 by L.L. No. 1-2019]

B. The Village Clerk shall give notice of any application made hereunder for subdivision approval by mailing, within 10 days following the date of filing of such application with the Village Clerk, written notices of the substance of such application to all the owners of land lying within a distance of 300 feet of the exterior boundaries of the premises for which such application is made as their names and addresses appear on the latest completed assessment roll of the Village. It shall be the applicant's responsibility to initially furnish such names and addresses to the Village Clerk for verification and mailing. Notwithstanding the foregoing, failure to comply with this notice provision shall not invalidate any action taken by the Planning Board.

[Added 2-27-1990 by L.L. No. 2-1990; amended 4-9-2002 by L.L. No. 1-2002]

§ 87-4 Application and sketch plan proposal.

A. Submission of application and sketch plan proposal. For the purposes of classification and preliminary discussions, any subdivider intending to subdivide or resubdivide land shall, at least one week prior to a regular meeting of the Planning Board, submit 10 copies each of the application, including a sketch plan proposal as set forth in Article IV, § 87-14, of these regulations.

B. Discussion of requirements and classification.

(1) The subdivider shall attend a meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewage, 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 proposal is to be made at this time by the Planning Board as to whether it proposes a minor or major subdivision. The Board may require, however, when it deems it necessary for the protection of public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for a major subdivision. If the sketch plan proposal is classified as a minor subdivision, the subdivider shall comply with the procedure outlined in Article IV, § 87-15, of these regulations. If the sketch plan proposal is classified as a major subdivision, the subdivider shall comply with the procedures outlined in Article IV, §§ 87-16 and 87-17.

C. Study of sketch plan proposal. The Planning Board shall determine whether the sketch plan proposal meets the purposes of these regulations and shall, where it deems necessary, make specific recommendations, in writing, to be incorporated by the subdivider in the next submission to the Planning Board.

§ 87-5 Minor subdivision approval.

A. Submission and fee. Within six months after classification of the sketch plan proposal as a minor subdivision by the Planning Board and at least one week prior to a regular meeting of the Planning Board, the subdivider shall submit a final plat in the form described in Article IV, § 87-15, of these regulations. The final plat and all procedures relating thereto shall in all respects be in full compliance with the provisions of these regulations and such other laws, rules and regulations as may be applicable, except where variation therefrom may be specifically authorized by the Planning Board. All applications for approval of a minor subdivision shall be accompanied by the applicable filing fee.

B. Number of copies. Ten copies of the final plat shall be submitted.

C. Subdivider to attend Planning Board meeting. The subdivider shall attend the meeting of the Planning Board following submission of the application.

D. Date of submission. The date of submission of the final plat shall be deemed to be the date on which the Planning Board certifies the application as complete.

E. Public hearings and approvals. Before the Planning Board takes action on the final plat, it shall hold a public hearing on the preliminary plat within 62 days following receipt of a complete subdivision application by the Clerk of the Planning Board. This hearing shall be advertised in the official Village newspaper at least five days before such hearing. If the final plat is not in substantial agreement with the approved preliminary plat, the Planning Board shall hold a public hearing on such final plat in accordance with § 87-5J hereof, on at least five days' notice advertised in the official Village newspaper.

[Amended 7-13-1993 by L.L. No. 2-1993]

F. Environmental determination. The Planning Board shall make the requisite determinations in accordance with the State Environmental Quality Review Act[1] before taking action on the final plat.

[1] Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.

G. Necessary referrals. The Planning Board shall refer the application, where required, for recommendation to the Onondaga County Planning Board and may refer the application to other agencies for review and comment.

H. Improvements. Before the Planning Board takes action on the final plat, the subdivider shall submit the following:

(1) A certificate as to the adequacy of the proposed sewerage system and water supply by the Onondaga County Department of Health and the Onondaga County Water Authority.

(2) A certificate, by a licensed professional architect or engineer, that any required improvements to be constructed by the subdivider have been designed to meet the minimum Village standards and these regulations or as otherwise required by law.

(3) A performance bond or a suitable substitute, approved by the Planning Board as to form, sufficiency, manner of execution and surety, for the completion of such required improvements as have not been constructed.

(4) Offers of cession, in a form certified as satisfactory by the Village Attorney, of all land to be dedicated for easements, parks or other public facilities, but approval of the final plat by the Planning Board shall not constitute an acceptance by the Village of the dedication of any street, highway, park or other public open space.

(5) A certified check as and for a deposit in the amount of 1% of the cost of the required improvements, as determined by the Village Engineer, plus such additional amounts as may be required to meet the cost of Village inspection of required improvements.

(6) Drawings, certified by a licensed land surveyor, showing the location of all improvements as may have been constructed prior to final plat submission.

I. Action on preliminary plat. The Planning Board shall, by resolution, within 62 days following the public hearing, approve with or without modification or disapprove such preliminary plat or the preliminary plat shall be deemed approved. The grounds for requiring any modification or the grounds for disapproval shall be stated in the records of the Planning Board. The time in which the Planning Board must act may be extended by mutual consent of the subdivider and the Planning Board.

[Amended 7-13-1993 by L.L. No. 2-1993]

J. Action on final plat.

[Added 7-13-1993 by L.L. No. 2-1993]

(1) In the event that the final plat substantially agrees with the preliminary plat, the Planning Board shall, by resolution, within 62 days following receipt of the final plat by the Clerk of the Planning Board, approve, disapprove or conditionally approve, with or without modification, the final plat. Unless extended by mutual consent of the subdivider and the Planning Board, failure of the Planning Board to act within such time shall constitute approval of the final plat. The grounds for requiring any modification or the grounds for disapproval shall be stated in the records of the Planning Board.

(2) If the final plat is not in substantial agreement with the approved preliminary plat, the Planning Board shall, on at least five days' notice advertised in the official Village newspaper, hold another public hearing on such final plat within 62 days following receipt of the final plat by the Clerk of the Planning Board and shall, by resolution within 62 days following such public hearing, approve, disapprove or conditionally approve, with or without modification, the final plat. Unless extended by mutual consent of the subdivider and the Planning Board, failure of the Planning Board to act within such time shall constitute approval of the final plat. The grounds for requiring any modification or the grounds for disapproval shall be stated in the records of the Planning Board.

(3) Upon a resolution of approval of the final plat, the Planning Board shall empower the Chairman or a duly authorized officer to sign the final plat. Within seven days of the resolution granting approval, the final plat shall be certified by the Planning Board as approved, and a copy shall be filed in the office of the Village Clerk and a copy delivered to the subdivider.

(4) Upon a resolution of conditional approval with or without modification of the final plat, the Planning Board shall empower the Chairman or a duly designated officer to sign the final plat upon compliance with such conditions and requirements as may be stated in its resolution of approval. Within seven days of the resolution granting such approval, the final plat shall be certified by the Planning Board as approved with modification, and a copy shall be filed in the office of the Village Clerk and a copy delivered to the subdivider. The copy delivered to the subdivider shall include a statement of such requirements which, when completed, will authorize the signing of the final plat. Upon completion of such requirements, the final plat shall be signed by the Chairman or a duly designated officer of the Planning Board. Such approval of the final plat shall expire 180 days after the date of the resolution granting such approval with modification unless the requirements have been certified as completed within that time.

(5) Within 90 days following the signing of a final plat, the subdivider shall file or record the final plat with the Onondaga County Clerk. No subdivision plat shall be filed without an endorsement, in such manner as the Planning Board may designate, that the plat does not conflict with the County Official Map, where one exists, or, in cases where plats do front on or have access to or are otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved in the manner specified by § 239-k[2] of the General Municipal Law. Otherwise, such approval shall expire as provided in § 7-728 of the Village Law. Such final plat shall then be reduced to 11 inches by 17 inches, and three linen or canvas-backed copies shall be supplied to the Village Clerk.

[2] Editor's Note: General Municipal Law § 239-k was repealed by L. 1997, c. 451, § 2, effective July 1, 1998. See now General Municipal Law § 239-f.

§ 87-6 Major subdivision approval.

A. Submission of preliminary plat.

(1) Submission and fee. Within six months after classification of the sketch plan proposal as a major subdivision by the Planning Board and at least one week prior to a regular meeting of the Planning Board, the subdivider shall submit a preliminary plat in the form described in Article IV, § 87-16, of these regulations. The preliminary plat and all procedures relating thereto shall in all respects be in full compliance with the provisions of these regulations and such other laws, rules and regulations as may be applicable, except where variation therefrom may be specifically authorized by the Planning Board. All applications for approval of a major subdivision shall be accompanied by the applicable filing fee.

(2) Number of copies. Ten copies each of the preliminary plat shall be submitted.

(3) Study of preliminary plat. The Planning Board shall study the preliminary plat and proposed street profiles in connection with the topography of the area, the existing requirements of the Zoning Code and the Official Map and shall take into consideration the general requirements of the community and the best use of the land to be subdivided. Particular attention shall be given to matters enumerated in § 7-730 of the Village Law as well as to specific requirements for parks, playgrounds, school sites, boulevards and main thoroughfares, the adequacy of street connections and the suitability of the land for development.

(4) Subdivider to attend Planning Board meeting. The subdivider shall attend the meeting of the Planning Board following submission of the preliminary plat.

(5) Date of submission. The date of submission of the preliminary plat shall be deemed to be the date on which the Planning Board certifies the submission as complete.

(6) Public hearings and approvals. Before the Planning Board takes action on the final plat, it shall hold a public hearing on the preliminary plat within 62 days following receipt of a complete subdivision application by the Clerk of the Planning Board. This hearing shall be advertised in the official Village newspaper at least five days before such hearing. If the final plat is not in substantial agreement with the approved preliminary plat, the Planning Board shall hold a public hearing on such final plat in accordance with § 87-6B hereof, on at least five days' notice advertised in the official Village newspaper.

[Added 7-13-1993 by L.L. No. 2-1993[1]]

[1] Editor's Note: This local law also provided for the renumbering of former Subsection A(6), (7) and (8) as Subsection A(7), (8) and (9), respectively.

(7) Necessary referrals. A preliminary plat of a subdivision showing proposed structures or proposed new streets having frontage on, access to or otherwise directly related to any existing or proposed right-of-way or site shown on the County Official Map shall be submitted by the Planning Board to the Onondaga County Planning Board for review as provided by § 239-k[2] of the General Municipal Law. The Planning Board reserves the right to refer the plat to other agencies for review and comment.

[2] Editor's Note: General Municipal Law § 239-k was repealed by L. 1997, c. 451, § 2, effective July 1, 1998. See now General Municipal Law § 239-f.

(8) Environmental determination. The Planning Board shall make the requisite determinations in accordance with the State Environmental Quality Review Act[3] before taking action on the preliminary plat.

[3] Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.

(9) Conditional approval of preliminary plat.

(a) Within 62 days after the date of submission of the preliminary plat, the Planning Board shall take action to conditionally approve, with or without modifications, or disapprove the preliminary plat. The grounds for requiring any modifications or for disapproving the preliminary plat shall be stated in the records of the Planning Board. Such sixty-two-day period may be extended by mutual consent of the subdivider and the Planning Board.

[Amended 7-13-1993 by L.L. No. 2-1993]

(b) When granting approval of a preliminary plat, the Planning Board shall indicate the terms of such approval, if any, with respect to the modifications to the preliminary plat; 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; and the extent of improvements or the amount of all bonds therefor which it will require as prerequisite to the approval of the final plat.

(c) Approval of a preliminary plat 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. Prior to the approval of the final 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 or otherwise.

B. Submission of final plat.

(1) Submission for approval and fee. The subdivider shall, within six months after the conditional approval of the preliminary plat, submit a final plat in the form described in Article IV, § 87-17, of these regulations, accompanied by the applicable filing fee and all required documents. If the final plat is not submitted within six months after the conditional 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 and form of drawings. A subdivider intending to submit a final plat for the approval of the Planning Board shall provide 10 copies of the original drawings of the final plat. When more than one sheet is required, a sheet of the same size shall be filed showing, to appropriate scale, the entire subdivision on one sheet with lot and block numbers.

(3) Date of submission. The date of submission of the final plat shall be the date on which the Planning Board certifies the submission as complete.

(4) Public hearing if necessary. If the final plat is not in substantial agreement with the approved preliminary plat, the Planning Board shall hold a public hearing on such final plat on at least five days' notice advertised in the official Village newspaper.

[Amended 7-13-1993 by L.L. No. 2-1993]

(5) Improvements. Before the Planning Board takes action on the final plat, the subdivider shall submit the following:

(a) A certificate as to the adequacy of the proposed sewerage system and water supply by the Onondaga County Department of Health and the Onondaga County Water Authority.

(b) A certificate by a licensed professional architect or engineer that any required improvements to be constructed by the subdivider have been designed to meet the minimum Village standards and these regulations or as otherwise required by law.

(c) A performance bond or a suitable substitute, approved by the Planning Board as to form, sufficiency, manner of execution and surety, for the completion of such required improvements as have not been constructed.

(d) Offers of cession, in a form certified as satisfactory by the Village Attorney, of all land to be dedicated for streets, highways, easements, parks or other public facilities, but approval of the final plat by the Planning Board shall not constitute an acceptance by the Village of the dedication of any street, highway, park or other public open space.

(e) A highway construction agreement and related documents.

(f) A certified check as and for a deposit in the amount of 1% of the cost of the required improvements, as determined by the Village Engineer, plus such additional amounts as may be required to meet the cost of Village inspection of required improvements.

(g) Drawings, certified by a licensed land surveyor, showing the location of all improvements as may have been constructed prior to final plat submission.

(6) Action on final plat.

[Amended 4-25-1989 by L.L. No. 2-1989; 7-13-1993 by L.L. No. 2-1993]

(a) In the event that the final plat substantially agrees with the preliminary plat, the Planning Board shall, by resolution, within 62 days following receipt of the final plat by the Clerk of the Planning Board, approve, disapprove or conditionally approve, with or without modification, the final plat. Unless extended by mutual consent of the subdivider and the Planning Board, failure of the Planning Board to act within such time shall constitute approval of the final plat. The grounds for requiring any modification or the grounds for disapproval shall be stated in the records of the Planning Board.

(b) If the final plat is not in substantial agreement with the approved preliminary plat, the Planning Board shall, on at least five days' notice advertised in the official Village newspaper, hold another public hearing on such final plat within 62 days following receipt of the final plat by the Clerk of the Planning Board and shall, by resolution within 62 days following such public hearing, approve, disapprove or conditionally approve, with or without modification, the final plat. Unless extended by mutual consent of the subdivider and the Planning Board, failure of the Planning Board to act within such time shall constitute approval of the final plat. The grounds for requiring any modification or the grounds for disapproval shall be stated in the records of the Planning Board.

(c) Upon a resolution of approval of the final plat, the Planning Board shall empower the Chairman or a duly designated officer to sign the final plat. Within five days of the resolution granting final approval, the final plat shall be certified by the Planning Board as approved, and a copy shall be filed in the office of the Village Clerk and a copy delivered to the subdivider.

(d) Upon a resolution of approval with modification of the final plat, the Planning Board shall empower the Chairman or a duly designated officer to sign the final plat upon compliance with such conditions and requirements as may be stated in its resolution of approval. Within five days of the resolution granting such approval, the final plat shall be certified by the Planning Board as approved with modification, and a copy shall be filed in the office of the Village Clerk and a copy delivered to the subdivider. The copy delivered to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the final plat. Upon completion of such requirements, the final plat shall be signed by the Chairman or a duly designated officer of the Planning Board. Such approval of the final plat shall expire 180 days after the date of the resolution granting approval with modification unless the requirements have been certified as completed within that time. Notwithstanding the foregoing, upon request of the subdivider, the Planning Board may extend the time in which such requirements must be certified as completed if, in its opinion, such extension is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each.

(e) Within 90 days following the signing of a final plat, the subdivider shall file or record the final plat with the Onondaga County Clerk. No subdivision plat shall be filed without an endorsement, in such manner as the Planning Board may designate, that the plat does not conflict with the County Official Map, where one exists, or, in cases where plats do front on or have access to or are otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved in the manner specified by § 239-k of the General Municipal Law.[4] Otherwise, such approval shall expire as provided in § 7-728 of the Village Law. Such final plat shall then be reduced to eleven inches by seventeen inches, and three linen or canvas-backed copies shall be supplied to the Village Clerk. Notwithstanding the foregoing, upon request of the subdivider, the Planning Board may extend the time for filing or recording such final plat if, in its opinion, such extension is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each.

[4] Editor's Note: General Municipal Law § 239-k was repealed by L. 1997, c. 451, § 2, effective July 1, 1998. See now General Municipal Law § 239-f.

(7) Sectioning. Prior to approving the final plat, the Planning Board may permit the final plat to be subdivided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure orderly development of the final plat. Approval of the sections, subject to any conditions imposed by the Planning Board, shall be granted concurrently with approval of the final plat. If a subdivider files only a section of an approved final plat, such section shall encompass at least 10% of the total number of lots contained in the approved final plat. The approval of the remaining sections of the approved final plat shall expire unless those sections are filed before the expiration of the exemption period to which such final plat is entitled under the provisions of § 7-708 of the Village Law. If the subdivider files only a section of the approved final plat with the Onondaga County Clerk, the entire approved final plat must be filed with the Village Clerk within 30 days of the filing of such section with the Onondaga County Clerk.