The following procedure is specified for the guidance of the subdivider. Since the development of land affects many aspects of community growth, the subdivider is advised to consult with officials concerned with engineering, health, assessments, schools, recreation and other public functions in addition to those designated in these regulations. The procedure is divided into five parts, as follows.
[Added 10-11-2000 by L.L. No. 4-2000[1]]
A. 
Upon receipt of a request for a simple subdivision, as defined in § 185-2, above, including a location survey plan map showing all buildings, easements, existing infrastructure, existing and proposed lot lines, as well as receipt of the fee therefor as specified by the Town Board, the Town Zoning Enforcement Officer shall review such request and approve the same, provided that the proposed simple subdivision plan map complies with all Town zoning and other laws, rules and regulations.
B. 
In the event that such subdivision plan map does not comply with all Town zoning and other laws, rules and regulations, the Zoning Enforcement Officer shall disapprove such request and advise of the nature of the defect.
C. 
Upon approval of a simple subdivision, the Zoning Enforcement Officer shall endorse said map indicating his approval for filing in the County Clerk's office pursuant to the authority of this Code.
D. 
The applicant for simple subdivision approval shall provide such number and type of copies of the approved plan as the Zoning Enforcement Officer shall specify for the Town's records.
E. 
Notwithstanding the above, the Code Enforcement Officer may, in his sole discretion, refer any such request to the Planning Board for its advice and/or approval.
[1]
Editor's Note: This local law also stated that it superseded any provisions of Town Law Article 16 to the extent that this local law was inconsistent therewith, particularly §§ 276, 277 and 278 of the Town Law.
A. 
Prior to applying for approval of a preliminary plan, the subdivider shall at the discretion of the Planning Board submit to the Planning Board a sketch plan and data as specified in Article VI.
B. 
The Planning Board shall designate a date for a conference with the subdivider, which date shall be within 30 days from the date of submission, notice of which shall be given not less than 10 days prior to such conference.
C. 
The subdivider and the Planning Board shall discuss the property with respect to zoning requirements, existing private and public developments, facilities, and services, and those proposed by any comprehensive development plan or contemplated by any public agency; and any special community or site problems that may be encountered, of which the Planning Board has knowledge. Possible changes or modifications in the sketch plan shall be discussed if the plan, as submitted, does not meet the objectives or standards of these regulations.
A. 
The subdivider shall then consult with the Onondaga County Department of Health.
B. 
If the subdivision is to utilize a form of subsurface leaching for waste disposal, percolation tests should be made in accordance with Onondaga County Department of Health regulations before the subdivider proceeds to the preparation of the preliminary plan.
C. 
If the installation of a sewer system is involved, the subdivider shall consult with the Onondaga County Public Works Commissioner.
D. 
The subdivider shall submit to the Planning Board a preliminary plan, together with supplementary material as specified in Article VI.
E. 
Ten copies of the preliminary plan and all required supplementary material, together with two copies of the application for tentative approval, shall be submitted.
[Amended 5-9-1988]
F. 
The subdivider shall pay a fee as established by the Town Board in a separate resolution for each residential unit, to cover the cost of administration of the regulations. The term "unit" shall apply to all multiple development.
[Amended 3-24-1975; 3-11-1985; 12-8-1986; 4-11-1988; 2-11-1991; 10-17-1991; 1-24-1994; 1-28-1994; 12-11-2000 by L.L. No. 9-2000]
(1) 
Fees, as they shall be determined from time to time by resolution of the Town Board of the Town of Cicero, shall be made with the Town of Cicero in payment of the fees and expenses of the Town Engineers assigned to the project for the review of the application for preliminary plat.
(2) 
Fees, as they shall be determined from time to time by resolution of the Town Board of the Town of Cicero, shall be made with the Town of Cicero to apply to fees and expenses of the Attorney for the Town and the Engineers associated with review of the petition plans for sanitary and storm sewers.
G. 
The Planning Board shall review the preliminary plan and other material submitted for conformity to these regulations and to preliminary agreements reached with the subdivider and the kind and extent of improvements to be made by the subdivider. Within 60 days from the date of submission of the application for tentative approval, which period may be extended at the subdivider's consent, the Planning Board shall inform the subdivider, in writing, of its tentative decision. The grounds for tentative disapproval or approval with modifications shall be stated. Formal application for approval of the preliminary plan shall be considered to be submitted at the date of tentative approval.
H. 
A preliminary plan of a subdivision showing proposed new streets or building sites having frontage on, access to, or otherwise directly related to any country road shown on any county official maps shall be submitted to the Commissioner of Planning and the Commissioner of Public Works of Onondaga County for review as provided by § 239-k of the General Municipal Law.[1]
[1]
Editor's Note: General Municipal Law § 239-k was repealed by L. 1998, c. 451, § 2. See now General Municipal Law § 239-f.
I. 
The Planning Board shall, within 45 days from the submission of the preliminary plan, approve, modify and approve, or disapprove such preliminary plan. The exact nature of the modifications, if any, or the grounds for disapproval shall be stated in the minutes of the meeting at which such action was taken. The action of the Planning Board shall also be noted on two copies of the preliminary plan referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the Planning Board.
J. 
For any subdivision or portion of subdivision, the Planning Board will state in writing the character and extent of the public improvements required by statute for which waivers may have been requested by the subdivider and which, in the opinion of the Planning Board, may be waived without jeopardy to public health, safety, morals, and general welfare or which are inappropriate because of inadequacy or lack of connecting facilities adjacent to or in proximity to the proposed subdivision.
K. 
Approval of a preliminary plan shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plat which will be submitted by the subdivider to the Planning Board for approval and for recording upon fulfillment of the requirements of these regulations and the conditions of approval, if any.
L. 
Approval of the preliminary plan may not be revoked by the Planning Board unless a substantial change in the character of the area or the availability of new information about the site and its surroundings indicate the unsuitability of the development, as shown on the preliminary plan. Before such revocation the subdivider shall be informed, in writing, of the reasons therefor, and shall be given an opportunity to be heard before the Planning Board.
M. 
Approval of a preliminary plan shall expire after 24 months from the date of approval. Extensions for periods of 12 months may be granted by the Planning Board upon application. Such applications for extensions shall not be entertained by the Planning Board unless such application is received by the Planning Board within 30 days after the expiration of such date of expiration. Such application for extensions shall be granted unless changed conditions or new information indicate the unsuitability to the development as shown on the preliminary plan.
[Amended 7-24-2013 by L.L. No. 7-2013]
A. 
The final plat shall conform substantially to the preliminary plan, as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plan which he proposes to record and develop at the time, provided, however, that such portion conforms to all requirements of these regulations.
B. 
Four cloth-backed and 10 additional copies of the final plat, and all required supplementary material as specified in Article VI together with two copies of the application for final approval shall be submitted. This application, copies of the final plat, and supplementary material shall be received within two years of approval of preliminary plan unless an extension of time is applied for and granted by the Town Board. The four cloth-backed copies shall be submitted after final approval of the Town Board but prior to submission to the Planning Board.
[Amended 5-9-1988]
C. 
At the time of filing the final plat, the subdivider shall also submit the following:
(1) 
A certificate as to adequacy of the proposed water supply and sewerage system by the Onondaga County Department of Health, the Onondaga County Water Authority and the New York State Water Resources Commission, where applicable.
(2) 
A certificate by a licensed professional engineer that any required improvements constructed by the subdivider have been designed and inspected and meet the minimum standards in these regulations, or as otherwise required by law.
(3) 
A negotiable guaranty, approved by the Planning Board and Town 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 Town Attorney, of all land to be dedicated for streets, highways, easements, parks or other public facilities.
(5) 
A certified check in the amount of 1% of the cost of the required improvements, as determined by the Town Engineer to meet the costs of inspection of required improvements, unless the improvements are to be provided by special district.
(6) 
Drawings, certified by a licensed land surveyor, showing the location of such required improvements as may have been constructed prior to final plat submission.
D. 
Within 45 days of submission of the final plat and other required material, the Planning Board shall review and act to approve or disapprove the plat. Before approval of the final plat is given, a public hearing shall be held by the Planning Board not later than 30 days after submission of the final plat.
E. 
If the final plat is approved, the Planning Board shall make an appropriate notation to that effect on the face of the original drawings or on the prints. Three copies will be retained by the Planning Board.
F. 
Approval of the final plat shall expire within 90 days from the date of such approval unless within such ninety-day period such plat shall have been duly recorded by the owner in the office of the County Clerk.
G. 
The Planning Board may permit the final plat to be divided into two or more sections, subject to such conditions as it deems necessary to assure orderly development of the subdivision. Approval of the sections shall be granted concurrently with the approval of the plat. The approved plat, or any approved section thereof, shall be recorded within 90 days of approval, subject to any conditions imposed, and shall encompass at least 10% of the total number of lots shown on the final plat. Approval of any other sections, not recorded, shall expire unless recorded before the expiration of three years. In the event the owner does not record all approved sections, the entire final plat shall be filed with the Town Clerk within 30 days of the recording of any section with the County Clerk.
H. 
Within 30 days from the recording of the final plat or any approved section thereof, the owner shall file with the Planning Board a photostat copy of the plat certified by the County Clerk to be a true copy of the recorded plat.
I. 
In the event of disapproval, the grounds for such action shall be stated in the records of the Planning Board, and a copy of such decision shall be sent to the subdivider upon request.
J. 
Drawings showing the location of all required improvements as built shall be certified by a licensed land surveyor and filed with the Planning Board within 30 days prior to the acceptance of the improvements by the Town. Until as-built plans are filed, no performance bond guaranteeing the completion of such improvements shall be released.
K. 
Performance bonds may be changed only under provisions of § 277 of the Town Law.
A. 
Sketch plans shall be submitted to the Commissioner and Planning Board as provided in § 185-4. Within 30 days of the conference with the subdivider to discuss and review the sketch plan proposals, the Commissioner shall send a memorandum to the Planning Board containing his findings, comments, and observations on the sketch plan. The Planning Board may submit to the Commissioner, informally or in writing, a summary of its conference with the subdivider.
B. 
Applications for tentative approval of the preliminary plan, as provided in § 185-5, together with all supplementary material required, shall be submitted to the Commissioner and to the Planning Board.
C. 
The Planning Board of the Town shall then transmit a copy of the preliminary plan to the Commissioner as notice to the city that the Town is considering such plan.
D. 
The Commissioner shall submit a copy of the preliminary plan to the City Engineer for review. The Department of Planning shall review such plan concurrently.
E. 
After the Board of Review of the Department of Planning has reviewed the departmental analysis and the recommendations of the City Engineer, the Commissioner shall advise the Town, by letter, of his recommendations and conditions, if any.
F. 
If the Planning Board, after receiving such letter, disagrees with any conditions specified by the Commissioner, it shall communicate to the Commissioner the reasons for its disagreement. In the event of such disagreement, no approval of the preliminary plan shall be given by either agency until a joint meeting has been held to discuss and reconcile the reasons for such disagreement.
G. 
Following the joint meeting the subdivider shall be informed by letter of the conditions for approval of the preliminary plan signed by the Commissioner and the Chairman of the Planning Board.
H. 
If there is no disagreement between the Commissioner and the Planning Board with respect to such plan, or following the agreement at the joint meeting, formal application for the approval of the preliminary plan may be submitted. The Planning Board shall then take action on the preliminary plan, as provided in § 185-5I, and so communicate to the Commissioner stating any conditions it may have attached to such approval.
I. 
The Commissioner shall then take the action on the preliminary plan, as provided in § 185-5I.
J. 
A final plat, as provided in § 185-6, submitted for approval and found to be in accordance with the approved preliminary plan, in accordance with the required modifications, and which complies with all other required procedures of the city and Town, shall first be approved by the Commissioner and then by the Planning Board after the public hearing.
K. 
Only those certificates of inspection, offers of cession, inspection fees, and performance bonds required by the Planning Board of the Town need to be submitted for final plat approval.
L. 
The subdivider shall comply with the requirements of § 185-6H and shall file photostat copies of the recorded plat with the Commissioner and the Planning Board.
M. 
Nothing herein shall be construed as enlarging or limiting powers conferred by charter or statute on the Commissioner and the city or the Planning Board and the Town.
A. 
When authorized by the Town Board through resolution, the Planning Board may, at the time of plat approval, modify applicable provisions of Chapter 210, Zoning. Such modifications shall be made only for land zoned for residential purposes and only for such areas of the Town as shall be specified by the Board in its resolution of authorization.
B. 
If the owner makes written application far the use of this procedure, it may be followed at the discretion of Planning Board if, in its judgment, its application would benefit the Town.
C. 
The subdivider shall submit a proposed site plan showing areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways, and all other physical features of the proposed development. The subdivider shall also submit a statement setting forth the nature of any requested zoning modifications, changes, or supplementations as are not shown on the site plan.
D. 
The dwelling units permitted may be, at the discretion of the Planning Board and subject to any conditions set forth by the Town Board in its resolution, in detached, semidetached, attached, or multistory structure.
E. 
In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space, or other municipal purposes directly related to the plat, then the Planning Board as a condition of plat approval may establish such conditions on the ownership, use, and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The Town Board may require that such conditions shall be approved for recording.
F. 
Before any such modification is made in Chapter 210, Zoning, there shall be a public hearing on the proposed site plan by the Planning Board as is required in § 281 of the Town Law.
G. 
On the recording of the plat in the office of the County Clerk, a copy shall be filed with the Town Clerk, who shall make appropriate notations and references thereto in the Town Zoning Ordinance or Map.