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 this chapter. The procedure is divided into the following parts.
A.
Prior to applying for approval of a preliminary plat, the subdivider shall submit to the Planning Board a sketch plan and data as specified in Article VII of this chapter.
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 or its designated
representatives shall discuss the property with respect to zoning
requirements, existing private and public developments, facilities
and services and those proposed by any master 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 this chapter.
A.
The subdivider shall consult with the Onondaga County
Department of Drainage and Sanitation.
B.
The subdivider shall submit to the Planning Board a preliminary plat, together with supplementary materials as specified in Article VII of this chapter.
C.
Four copies of the preliminary plat and all required
supplementary materials, together with two copies of the application
for tentative approval, shall be submitted.
D.
Fee and expense schedule. The Village Board of Trustees
shall establish by resolution and may periodically amend by resolution
a schedule of fees and expenses to be paid by each applicant seeking
any approvals required pursuant to this chapter.
[Amended 6-22-1998 by L.L. No. 5-1998]
(1)
Expenses may be calculated to include reasonable expenses
incurred by the Boards in reviewing and acting upon such applications
for administrative, consulting and/or expert assistance.
(2)
Any schedule of fees and expenses established pursuant
to this section shall not apply to any properly completed application
that is properly filed prior to adoption of such schedule by the Village
Board.
(3)
Within 10 calender days after adoption of such schedule
by the Village Board, any schedule of fees and expenses established
pursuant to this section shall:
(4)
The applicable fee or expense shall be paid to the
Village with the filing of the application or appeal to be considered.
(5)
Expert assistance. Upon any application for any approval
required pursuant to this chapter, the applicant shall be obligated
to pay the reasonable costs for all consulting or expert technical
assistance, including but not limited to scientific, engineering,
or appraisal services, required by the Planning Board to properly
analyze, review and act upon such application.
(a)
The Planning Board shall obtain and provide
a written estimate for the cost of such expert assistance to the applicant.
(b)
The applicant shall deposit such estimated sum
in an account with the Village Treasurer prior to performance of such
services.
(c)
Any deficiency or surplus in such account existing
prior to the issuance of the approval shall be paid by or refunded
to the applicant.
E.
A preliminary plat of a subdivision showing proposed
new streets or building sites having frontage on, access to or otherwise
directly related to any county road shown on the County Official Map
(Highways) shall be submitted by the Planning Board to the Syracuse-Onondaga
County Planning Agency for review as provided by § 239-k
of the General Municipal Law.
F.
The Planning Board shall review the preliminary plat
and other material submitted for conformity to this chapter, to preliminary
agreements reached with the subdivider and the type and extent of
improvements.
G.
Within 60 days from the date of submission of the
preliminary plat, which period may be extended with the subdivider's
consent, the Planning Board shall take action to conditionally approve,
with or without modifications, or disapprove such preliminary plat,
and the ground of any modifications required or the ground for disapproval
shall be stated upon the records of the Planning Board. Failure of
the Planning Board to act within such sixty-day period shall constitute
a conditional approval of the preliminary plat.
H.
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.
I.
Approval of a preliminary plat shall not constitute
approval of the final plat. Rather, it shall be deemed an expression
of approval to the layout submitted on the preliminary plat as a guide
to be closely followed in 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 this chapter
and the conditions of approval, if any.
J.
Approval of the preliminary plat 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 indicates the unsuitability of the development
as shown on the preliminary plat. 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.
K.
Approval of a preliminary plat shall expire after
six months from the date of approval. Extensions for periods of six
months may be granted by the Planning Board upon application. Such
applications for extensions shall be granted unless changed conditions
or new information indicate the unsuitability of the development as
shown on the preliminary plat.
A.
The final plat shall conform substantially to the
preliminary plat, as approved, and, if desired by the subdivider,
it may constitute only that section of the approved preliminary plat
which he proposes to record and develop at the time; provided, however,
that such section comprises at least 10% of the total number of lots
shown on said preliminary plat.
B.
Four cloth-backed copies of the final plat and all required supplementary material as specified in Article VII, 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 six months of approval of the preliminary plat unless an extension of time is applied for and granted by the Planning Board.
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 Drainage
and Sanitation, Onondaga County Water Authority, the Village of Fayetteville
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 this
chapter or as otherwise required by law.
(3)
A performance bond, approved by the Planning Board
and the Village 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 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 Village Engineer,
to meet the costs of 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.
D.
A public hearing shall be held by the Planning Board
within 60 days after the time of submission of a plat in final form
for approval, which hearing shall be advertised in a newspaper of
general circulation in such Village at least five days before such
hearing.
E.
The Planning Board, within 60 days from and after
the time of the hearing for the final plat, shall approve, modify
and approve or disapprove such plat. If the final plat is approved,
the Planning Board shall make an appropriate notation to that effect
on the face of the original drawing or on the cloth prints. Three
copies will be retained by the Planning Board.
F.
In the event that such hearing shall not be held or
that such plat shall not have been disapproved after such hearing
within the time prescribed therefor, such plat shall be deemed to
have been approved, and the certificate of the Clerk of such Village
as to the date of submission or hearing for the approval or disapproval
of the plat, as the case may be, and the failure to take action thereon
within such time, shall be issued on demand and shall be sufficient
in lieu of the written endorsement or other evidence of approval herein
required. The ground of refusal of any plat submitted shall be stated
upon the records of such Planning Board.
G.
The approval by the Planning Board of a plat or the
certificate of the Village either as to the date of the submission
for which no hearing was duly held or the date of the hearing for
the approval or disapproval of such plat, as the case may be, and
the failure of the Planning Board to take action thereon within the
time prescribed, shall expire 90 days from the date of such approval
or of such certificate unless within such ninety-day period such plat
or a section thereof shall have been duly filed or recorded by the
owner in the office of the County Clerk or Register. Prior to granting
its approval, the Village Planning Board may permit the plat to be
subdivided in two or more sections as it may deem necessary to assure
the orderly development of the plat. Approval to the sections, subject
to any conditions imposed by the Board, shall be granted concurrently
with the approval of the plat. If the owner shall file only a section
of an approved plat within such ninety-day period, 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 Subdivision 2 of § 7-708 of the Village Law. In the event
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 Village
Clerk. The Planning Board may extend the time for filing and recording
such plat, if in its opinion such extension is warranted, for two
additional periods of 90 days each.
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.
J.
Drawings showing the location of all required improvements
as built shall be certified by a licensed land surveyor or licensed
engineer and filed with the Planning Board for at least 30 days prior
to the acceptance of the improvements by the Village. Until such 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 the provisions
of § 7-730 of the Village Law.
A.
When authorized by the Village Board through resolution, the Planning Board may, at the time of plat approval, modify applicable provisions of Chapter 187, Zoning. Such modifications shall be made only for land zoned for residential purposes and only for such areas of the Village as shall be specified by the Board in its resolution of authorization.
B.
If the owner makes written application for the use
of this procedure, it may be followed at the discretion of the Planning
Board if, in its judgment, its application would benefit the Village.
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
Village Board in its resolution, in detached, semidetached, attached
or multistory structures.
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, shall 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 Village Board may require that such conditions
shall be approved for recording.
F.
Before any such modification is made in the zoning
regulations, there shall be a public hearing on the proposed site
plan by the Planning Board as is required in § 7-738 of
the Village Law.
