Town of Owasco, NY Procedures

Resubdivisions. Any change to an existing plat is considered a resubdivision and thus requires approval of the Town Planning Board and may be deemed by the Town Planning Board to be a major or minor subdivision.

(3)

Surety. The Town Planning Board may require that appropriate surety be posted to assure the project is constructed as designed or to assure that conditions of approval are met.

(4)

Clustering. The Town Planning Board will consider any proposal for a clustered project, but that Board reserves the right to require clustering to protect environmentally sensitive areas or to preserve open space.

(5)

SEQR. All proposals require appropriate environmental reviews in accordance with the State Environmental Quality Review procedures.

General procedure. Minor subdivisions of land are considered to be less complex projects and require a one-step process for approval. Major subdivisions are considered complex divisions of land and require a three-step process for approval.

§ 126-11 Subdivision applications.

Applications. All related application forms are available from the Town Clerk.

Preapplication conferences. Preapplication conferences with the Chairperson of the Town Planning Board and other appropriate Town officials are encouraged and serve the following functions:

(1)

To review application requirements.

(2)

To identify any Environmental Overlay Protection Districts (EPOD) on the property or any potential area of environmental concern.

(3)

To discuss preliminary design of the project.

(4)

To set a probable timetable for review.

(5)

To review Town policies concerning development.

Fees. All applications for subdivision approval shall be accompanied by a fee established by resolution of the Town Board and may be amended from time to time by resolution of the Town Board. The application fee shall be used to cover part of the cost of the subdivision review process, including administrative costs such as public hearing notices, inspections, communications, etc.

Public hearing. All subdivision proposals require a public hearing before action is taken by the Town Planning Board. Notice of public hearings will be sent by the clerk of the Town Planning Board to all owners of property located within 500 feet of the parcel proposed for subdivision.

Environmental review. The Town Planning Board will consider the probable environmental impacts of the proposed subdivision. In most cases, the Town Planning Board will serve as the lead agency for the purpose of making a determination of environmental significance pursuant to SEQR.

Review by other governmental agencies. All subdivisions are referred to all involved and interested local, state and federal agencies. Every subdivision plat must undergo review by the Engineer for the Town who will ascertain that civil engineering standards are met. All comments received from reviewing agencies shall become a part of the permanent public record of the project.

§ 126-12 Minor subdivision review.

Review of the minor subdivision plat is a two-step process conducted in parallel and consisting of an environmental review and a review of the minor subdivision plat conducted by the Town Planning Board.

(1)

Environmental review. The environmental review is conducted to determine if the project, as proposed, would result in any significant adverse environmental impact and to identify design modifications that would mitigate potential adverse environmental impacts identified. Unless overriding circumstances exist, the Town Planning Board shall serve as the lead agency for conducting the environmental review on all subdivision proposals.

(2)

The Town Planning Board will review the minor subdivision plat taking into account staff reports and the comments of the Town Engineer and involved and interested agencies to which the plat was referred. The Board then may refer the subdivider to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.

Requirements.

(1)

Three copies of the minor subdivision plat, a completed application form and the fee shall be submitted to the Clerk of the Town Planning Board at least two weeks prior to a regularly scheduled Town Planning Board meeting. Accompanying the minor subdivision plat shall be all documents showing construction details of proposed improvements, any supporting materials or engineering reports and a completed environmental assessment form or, if required, a draft environmental impact statement. If a portion or portions of the parcel being subdivided are being acquired by an adjoining property owner and such portion or portions being acquired do not conform to the minimum dimensional requirements of the zoning district in which the parcel or parcels are located, such nonconforming parcel or parcels shall be assembled and combined with the adjoining property owner's lot to make a single lot and shall be shown on the minor subdivision plat as a single lot.

(2)

Applicants may be required to submit additional copies of the application to the Clerk of the Town Planning Board if the Chairperson of the Town Planning Board determines that other officials, agencies or consultants need to be informed about the project.

(3)

The minor subdivision plat shall comply with the requirements set forth in the Design and Construction Standards for Land Development of the Town of Owasco. This document is available from the Town Clerk of the Town of Owasco.

Submission of application.

(1)

Upon the receipt of an application for a minor subdivision review, the Clerk of the Town Planning Board shall review the application to determine if all the required documentation and information has been submitted in accordance with the requirements of this chapter. If the application is deficient, the Clerk of the Town Planning Board shall return the application to the applicant and inform the applicant in writing of the deficiencies. If the application is not deficient, the Clerk of the Town Planning Board shall place the matter on the agenda of the next duly called Town Planning Board meeting for discussion purposes and shall distribute the application to involved and interested agencies, the Town Engineer and Code Enforcement Officer for review and comment. If required pursuant to § 239-n of the General Municipal Law of New York State, the Clerk of the Town Planning Board shall also refer a copy of the application to the Cayuga County Planning Board.

(2)

A minor subdivision plat application shall not be deemed complete until a negative declaration of environmental significance or a notice of completion of a draft environmental impact statement has been filed in accordance with the provisions of SEQR. The time periods specified for the review of a minor subdivision plat shall begin upon the filing of such negative declaration of environmental significance or such notice of completion.

Procedures when Town Planning Board serves as lead agency for environmental review.

(1)

Public hearing.

(a)

If the Town Planning Board determines that the preparation of an environmental impact statement on the minor subdivision plat is not required, the public hearing shall be held within 62 days following the date on which the Clerk of the Planning Board receives a complete minor subdivision application.

(b)

If the Town Planning Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is to be held, the public hearing on the minor subdivision plat and the draft environmental impact statement shall be held jointly within 62 days following the date on which the notice of completion of the draft environmental impact statement is filed. If no public hearing is to be held on the draft environmental impact statement, the public hearing on the minor subdivision plat shall be held within 62 days following the date on which the notice of completion of the draft environmental impact statement is filed.

(c)

Public hearing notice. The notice of the public hearing shall be advertised at least once in the official Town newspaper at least five days before such hearing if no hearing is held on the draft environmental impact statement, or 14 days before such a hearing held jointly therewith. All owners of property located within 500 feet of the parcel proposed for subdivision shall be sent a copy of the public hearing notice by the Clerk of the Town Planning Board. The hearing on the minor subdivision plat shall be closed upon motion of the Town Planning Board within 120 days after it has been opened.

(2)

Action on minor subdivision plat. The Town Planning Board shall make its decision on the minor subdivision as follows:

(a)

If the Town Planning Board determined that the preparation of an environmental impact statement on the minor subdivision plat is not required, the Town Planning Board, after making a finding of fact on the proposed subdivision, shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of the minor subdivision plat within 62 days after the close of the public hearing.

(b)

If the Town 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. 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 minor subdivision plat. Within 30 days of the filing of the final environmental impact statement, the Town Planning Board shall issue findings on such environmental impact statement and the proposed subdivision and shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of the plat.

(c)

If the matter was referred to the Cayuga County Planning Board in accord with § 239-n of the General Municipal Law of New York State, the Town Planning Board shall not act within the first 30 days following such referral unless the County Planning Board renders a written recommendation within said thirty-day period. If the County Planning Board fails to make its recommendation within such thirty-day period, the Planning Board may take action on the minor subdivision plat absent a recommendation of the County Planning Board.

Procedures when Town Planning Board does not serve as lead agency for environmental review.

(1)

Public hearing. The Town Planning Board shall, with the agreement of the lead agency, hold the public hearing on the minor subdivision 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 Town Planning Board shall hold the public hearing on the minor subdivision plat within 62 days after receipt of a complete minor subdivision plat by the Clerk of the Planning Board.

(2)

Public hearing notice. The public hearing shall be advertised at least once in a Town's official newspaper 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. Owners of property within 500 feet of the land proposed for subdivision shall be sent a copy of the public hearing notice by the Clerk of the Town Planning Board. The public hearing on the final minor subdivision plat shall be closed upon motion of the Town Planning Board within 120 days after it has been opened.

(3)

Action on minor subdivision plat. The Town Planning Board shall make its decision on the minor subdivision plat as follows:

(a)

If the preparation of an environmental impact statement on the minor subdivision plat is not required, the Town Planning Board, after making a finding of fact on the proposed subdivision, shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of the minor subdivision plat within 62 days after the close of the public hearing.

(b)

If the preparation of an environmental impact statement is required, the Town Planning Board shall make its own findings of fact and shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of the minor subdivision plat within 62 days after the close of the public hearing or within 30 days of the adoption of SEQR findings by the lead agency, whichever period is longer.

(c)

Grounds for decision and notification of applicant. The Town Planning Board shall make findings of fact based upon information generated during the public hearing and the comments made by the involved and interested agencies, staff reports and the comments of the Town Engineer. The resolution shall contain the findings of fact on the proposed subdivision and the grounds for modification, if any, or the grounds for disapproval. In the case of a conditionally approved plat, the resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. A copy of such resolution shall be mailed to the applicant within five business days following the adoption of such resolution.

Approval, certification and filing of minor subdivision plats in the office of the Town Clerk.

(1)

Certification and filing of plat. Within five business days following the adoption of the resolution granting conditional or final approval of the minor subdivision plat, such plat shall be certified by the Clerk of the Town Planning Board as having been granted conditional or final approval, and such certified plat along with a copy of such resolution shall be filed in the office of the Town Clerk. In the case of a conditionally approved minor subdivision 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 the Chairperson of the Town Planning Board and filed in the office of the Town Clerk. In the case of a plat that is disapproved, a copy of the Town Planning Board resolution disapproving such plat shall be filed in the office of the Town Clerk within five days of its adoption.

(2)

Default approval of final minor subdivision plat. In the event the Town Planning Board fails to take action on a minor subdivision plat within the time prescribed therefor after completion of all requirements under SEQR, or within such extended period as may have been established by the mutual consent of the applicant and the Town Planning Board, the minor subdivision plat shall be deemed approved. The certificate of the Town Clerk as to the date of submission of the minor subdivision plat and the failure of the Town Planning Board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of the approval of the minor subdivision plat as required in this article.

(3)

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

Filing of minor subdivision plat with County Clerk; expiration of approval. The owner shall file in the office of the Cayuga County Clerk such approved minor subdivision 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 Chairperson of the Town Planning Board constituting final approval by the Town Planning Board of a plat as herein provided; or the approval by the Town Planning Board of the development of a plat or plats already filed in the office of the Cayuga County Clerk 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 Town Planning Board to take action within the time herein provided.

Issuance of permits restricted. No site improvements within the minor subdivision shall be installed until the minor subdivision plat has received final approval by the Town Planning Board and surety has been posted pursuant to Article IV of this chapter. No building permits shall be issued within the proposed minor subdivision until the conditions of the approval have been satisfied and the plat has been filed in the Cayuga County Clerk's office and notification of the filing has been received by the Town of Owasco.

§ 126-13 Major subdivision review; sketch plat review.

Major subdivision review and approval is a three-step process consisting of an informal sketch plat review, a preliminary plat review and approval, and final plat review and approval as follows.

Sketch plat review.

(1)

Purpose. The purpose of the sketch plat review is to provide the subdivider with an opportunity to consult early and informally with the Town Planning Board in order to save time and money and to come to agreement as to the most desirable design given the site constraints and the development requirements of the Town.

(2)

Sketch plat requirements.

(a)

Nine copies of a proposed sketch plat, a completed application form and payment of the fee shall be submitted to the Clerk of the Town Planning Board at least two weeks prior to a regularly scheduled meeting of the Town Planning Board.

(b)

Additional copies may be required to be submitted by the Chairperson of the Town Planning Board, who may determine that other officials, agencies or consultants need to be informed about the project.

(c)

The sketch plat shall comply with the Design and Construction Standards for Land Development of the Town of Owasco.[1]

[1]

Editor's Note: The Design and Construction Standards for Land Development are on file in the Town offices.

(3)

Sketch plat review procedures.

(a)

Application. Upon the receipt of an application for a sketch plat review, the Clerk of the Town Planning Board shall review the application and sketch plat submitted to determine if the application contains all the required documentation and information in accordance with the standards of this chapter. If the application is deficient, the Clerk of the Town Planning Board shall return the application and plat to the applicant and inform the applicant in writing of the deficiencies. If the application is not deficient, the Clerk of the Town Planning Board shall place the matter on the agenda of the next duly called Town Planning Board meeting for discussion purposes. The Clerk of the Town Planning Board will also distribute the sketch plat to the involved and interested agencies and to the Town Engineer and Code Enforcement Officer for review and comment.

(b)

The Town Planning Board will review the sketch plat and the comments from the agencies to which the plat was referred and the Town Engineer and Code Enforcement Officer. The Board then may refer the subdivider to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.

(4)

Action on sketch plat. The Town Planning Board shall review the sketch plat of a proposed subdivision in relation to existing and potential development of the adjacent area, compliance with zoning, environmentally sensitive areas and general development patterns of the Town. A decision will be made as to the desirability of the proposed development and the appropriateness of the proposed design.

(5)

Town Planning Board suggestions and recommendations. Not later than 45 days following the receipt of a complete sketch plat, as certified by the Clerk of the Town Planning Board, the Town Planning Board shall convey a written report in the form of Town Planning Board meeting minutes to the subdivider in which the Town Planning Board will provide comments concerning the design of the proposed subdivision, suggestions and recommendations, if any, for improving the subdivision and coordinating the design of the subdivision with adjacent developments or for complying with the requirements of other involved and interested public agencies, if any.

§ 126-14 Preliminary major subdivision plat review.

Purpose. This step provides detailed information about the site so the Town Planning Board can make decisions about the design of the project. Some important considerations include, but are not limited to:

(1)

Site improvements and lot design.

(2)

Easement requirements.

(3)

Environmental review.

(4)

Underground utilities and drainage design.

(5)

Environmental Protection Overlay Districts, if any, on the subject property.

(6)

Phasing of the project if the project is to be developed in phases.

Review of the preliminary plat is a two-step process conducted in parallel and consisting of an environmental review and a review of the preliminary plat conducted by the Town Planning Board.

(1)

(2)

The Town Planning Board will review the preliminary subdivision plat taking into account staff reports and the comments of the Town Engineer and involved and interested agencies to which the plat was referred. The Board then may refer the subdivider to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.

Requirements.

(1)

Nine copies of the preliminary plat and construction detail of proposed improvements, a completed application form, and a fee shall be submitted to the Clerk to the Town Planning Board at least two weeks prior to a regularly scheduled Town Planning Board meeting. Accompanying the preliminary plat shall be all documents showing construction details of proposed improvements, any supporting materials or engineering reports and a completed environmental assessment form or, if required, a draft environmental impact statement. Submission of the preliminary plat must occur within six months of the completion of the Town Planning Board's review of the sketch plat. The Town Planning Board may, by resolution, authorize an extension beyond the six-month limit.

(2)

(3)

The preliminary subdivision plat shall be clearly labeled "Preliminary Subdivision Plat" and shall satisfy the requirements for such plats as described in the Design and Construction Standards for Land Development of the Town of Owasco.

Preliminary plat review procedures; submission of application.

(1)

Upon receipt of an application for a preliminary subdivision plat review, the Clerk of the Town Planning Board shall review the application submitted to determine whether it contains all the required documentation and information in accordance with the standards of this chapter. If the application is deficient, the Clerk of the Town Planning Board shall return the application to the applicant and inform the applicant in writing of the deficiencies. If the application is not deficient, the Clerk of Town Planning Board shall place the matter on the agenda of the next duly called Town Planning Board meeting for discussion purposes and shall distribute copies of the application to involved and interested agencies and to the Town Engineer and Code Enforcement Officer for review and comment. If required pursuant to § 239-n of the General Municipal Law of the State of New York, the Clerk of the Town Planning Board shall also refer a copy of the application to the Cayuga County Planning Board.

(2)

A preliminary subdivision plat application shall not be deemed complete until a negative declaration of environmental significance or a notice of completion of a draft environmental impact statement has been filed in accordance with the provisions of SEQR. The time periods specified for the review of a preliminary subdivision plat shall begin upon the filing of such negative declaration of environmental significance or such notice of completion.

Procedures when Town Planning Board serves as lead agency for environmental review.

(1)

Public hearing.

(a)

If the Town 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 following the date on which the Clerk of the Planning Board receives a complete preliminary subdivision application.

(b)

If the Town Planning Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is to be held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days following the date on which the notice of completion of the draft environmental impact statement is filed. If no public hearing is to be held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days following the date on which the notice of completion of the draft environmental impact statement is filed.

(c)

Public hearing notice. The hearing on the preliminary plat shall be advertised at least once in the Town's official newspaper 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. All owners of property located within 500 feet of the parcel proposed for subdivision shall be sent a copy of the public hearing notice by the Clerk of the Town Planning Board. The hearing on the preliminary plat shall be closed upon motion of the Town Planning Board within 120 days after it has been opened.

(2)

Action on preliminary plats. The Town Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:

(a)

If the Town Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the Town Planning Board, after making a finding of fact, shall, by resolution, approve, with or without modification, or disapprove the preliminary plat within 62 days after the close of the public hearing.

(b)

If the Town 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 SEQR regulations. 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 Town Planning Board shall issue findings on the final environmental impact statement and shall by resolution, approve, with or without modification, or disapprove the preliminary subdivision plat.

(c)

If the matter was referred to the Cayuga County Planning Board in accord with § 239-n of the General Municipal Law of New York State, the Town Planning Board shall not act within the first 30 days following such referral unless the County Planning Board renders a written recommendation within said thirty-day period. If the County Planning Board fails to make its recommendation within such thirty-day period, the Planning Board may take action on the preliminary plat absent a recommendation of the County Planning Board.

Procedures when Town Planning Board does not serve as lead agency for environmental review.

(1)

Public hearing. The Town 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 Town 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 Town Planning Board.

(2)

Public hearing; notice. The hearing on the preliminary plat shall be advertised at least once in Town's official newspaper 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. All owners of property within 500 feet of the land proposed for subdivision will be sent a copy of the public hearing notice by the Clerk of the Town Planning Board. The hearing on the preliminary plat shall be closed upon motion of the Town Planning Board within 120 days after it has been opened.

(3)

Action on preliminary plats. The Town 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 subdivision plat is not required, the Town Planning Board, after making a finding of fact on the proposed subdivision, shall, by resolution, approve, with or without modification, or disapprove the preliminary subdivision plat within 62 days after the close of the public hearing.

(b)

If an environmental impact statement is required, the Town Planning Board shall make its own findings and shall, by resolution, approve, with or without modification, or disapprove the minor subdivision 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.

(c)

Grounds for decision and applicant notification. The Town Planning Board shall make findings of fact based on information generated during the public hearing and the comments made by involved and interested agencies and staff reports and the comments of the Town Engineer. The resolution shall contain the findings of fact on the proposed subdivision and the grounds for modification, if any, or the grounds for disapproval. Such resolution shall also specify any modifications the Planning Board deems necessary for submission of the subdivision plat in final form. A copy of such resolution shall be mailed to the applicant within five business days following its adoption.

Approval, certification and filing of preliminary plat in office of Town Clerk. Within five business days following the adoption of the resolution stating the Town Planning Board's decision, a copy of such resolution and, if approved, a copy of the preliminary plat certified by the Clerk of the Town Planning Board as having been granted preliminary approval shall be filed in the office of the Town Clerk.

Default approval of preliminary plats. In the event the Town Planning Board fails to take action on a preliminary plat within the time prescribed therefor after completion of all requirements under the State Environmental Quality Review Act, or within such extended period as may have been established by the mutual consent of the owner and the Town Planning Board, such preliminary plat shall be deemed approved. The certificate of the Town Clerk as to the date of submission of the preliminary plat and the failure of the Town Planning Board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.

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 Town Planning Board. The Town Planning Board may, by resolution, authorize an extension beyond the six-month limit.

§ 126-15 Final major subdivision plat review.

Purpose. This step provides for a refinement of information submitted in the preliminary plat review procedure, submission of additional information about site design and improvements. This information permits the Town Planning Board and the Engineer for the Town to make decisions concerning the appropriateness of the proposed major subdivision. Some important considerations include but are not limited to:

(1)

Conditions of the preliminary plat approval.

(2)

Environmental Overlay Protection Districts and mitigating measures identified during the environmental review.

(3)

Offers of dedication.

(4)

Requirements of involved agencies.

(5)

Requirements to create or extend special districts.

(6)

Drainage considerations.

(7)

Monumentation of the proposed subdivision.

(8)

Water metering during construction.

(9)

Phasing of the proposed project if the project is to be phased.

(10)

Surety.

Requirements.

(1)

Nine copies of the final plat and construction detail of proposed improvements must be submitted within six months of the date of the resolution approving the preliminary plat. Accompanying each of these copies of the final plat and construction detail must be a final drainage report and applications for the creation or extension of proposed special districts. A completed application and a fee also must be submitted, together with these, to the Clerk of the Town Planning Board at least two weeks prior to a regularly scheduled Town Planning Board meeting.

(2)

(3)

The final plat shall conform substantially to the preliminary plat as approved by the Town Planning Board. It shall incorporate any modifications or other features stipulated by the Town Planning Board at the preliminary plat stage, and all such compliances shall be clearly indicated by the subdivider on the appropriate submission.

(4)

The final plat shall be clearly labeled "Final Subdivision Plat" and shall satisfy the requirement for such plats as described in the Design and Construction Standards for Land Development of the Town of Owasco.[1]

[1]

Editor's Note: The Design and Construction Standards for Land Development are on file in the Town offices.

(5)

If the subdivider wishes to develop the subdivision in stages, a final subdivision plat covering a portion of the area encompassed by the preliminary plat must be submitted, provided that the proposed development stages were generally indicated on the preliminary plat approved by the Town Planning Board. However, no more than two individual phases shall be in process or under construction at any time.

Procedures.

(1)

Submission of application. Upon receipt of an application for a final plat review, the Clerk of the Town Planning Board shall review the application submitted to determine whether it contains all the required documentation and information in accordance with the standards of this chapter. If the application is deficient, the Clerk of the Town Planning Board shall return the application to the applicant and inform the applicant, in writing, of the deficiencies. If the application is not deficient, the Clerk shall place the matter on the agenda for the next duly called Town Planning Board meeting. If required pursuant to § 239-n of the General Municipal Law of the State of New York, the Clerk shall also provide the Cayuga County Planning Board with a copy of the final plat application.

(2)

The Clerk of the Town Planning Board at the time shall also process any requests for formation or extension of special districts.

Approval of final plats in substantial agreement with approved preliminary plats.

(1)

When a final plat is submitted which the Town Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this article, the Town 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 following the receipt of a complete application by the Clerk of the Town Planning Board.

(2)

If the matter has been referred to the County Planning Board in accord with § 239-n of the General Municipal Law of the State of New York, the Town Planning Board shall not act within the first 30 days following such referral unless the County Planning Board renders a written recommendation within said thirty-day period. If the County Planning Board fails to act on the referral and to make its recommendation within such thirty-day period, the Town Planning Board may take action on the final plat absent a recommendation of the County Planning Board.

Approval of final plats not in substantial agreement with approved preliminary plats. When a final plat is submitted which the Town Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this article the following shall apply.

(1)

Procedures when the Town Planning Board serves as lead agency for the environmental review.

(a)

Public hearing.

[1]

If the Town Planning Board determines that the preparation of an environmental impact statement on the final plat is not required, a public hearing shall be held within 62 days of the date of the receipt of a complete final subdivision plat application by the Clerk of the Town Planning Board. A final subdivision plat application shall not be considered complete until a negative declaration of environmental significance has been filed in accord with SEQR regulations.

[2]

If the Town Planning Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is to be held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly within 62 days following the date on which the notice of completion of the draft environmental impact statement is filed. 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 the date on which the notice of completion of the draft environmental impact statement is filed.

[3]

Public hearing notice. The notice of the public hearing shall be advertised at least once in the official Town newspaper at least five days before such hearing if no hearing is held on the draft environmental impact statement, or 14 days before such a hearing held jointly therewith. All owners of property located within 500 feet of the land proposed for subdivision will be sent a copy of the public hearing notice by the Clerk of the Town Planning Board. The hearing on the final subdivision plat shall be closed upon motion of the Town Planning Board within 120 days after is has been opened.

(b)

Action on final subdivision plat. The Town Planning Board shall make its decision on the final subdivision plat as follows:

[1]

If the Town Planning Board determines that the preparation of an environmental impact statement on the final subdivision plat is not required, the Town Planning Board, after making a finding of fact, shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of the final plat within 62 days after the close of the public hearing.

[2]

If the Town 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 SEQR regulations. 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 Town Planning Board shall issue findings on such environmental impact statement and shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of the final plat.

[3]

If the matter was referred to the Cayuga County Planning Board in accord with § 239-n of the General Municipal Law of New York State, the Town Planning Board shall not act within the first 30 days following such referral unless the County Planning Board renders a written recommendation within said thirty-day period. If the County Planning Board fails to make its recommendation within such thirty-day period, the Planning Board may take action on the preliminary major subdivision plat absent a recommendation of the County Planning Board.

(2)

Procedures when the Town Planning Board does not serve as lead agency for the environmental review.

(a)

Public hearing. The Town 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 hearing is held on the draft environmental impact statement, the Town 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 Town Planning Board. If the preparation of an environmental impact statement is not required, a final subdivision plat shall not be considered complete until the negative declaration of environmental significance has been filed in accord with SEQR regulations. If the preparation of an environmental impact statement is required, a final subdivision plat shall not be considered complete until the notice of completion of the environmental impact statement has been filed in accord with SEQR regulations.

(b)

Public hearing notice. The notice of the public hearing shall be advertised at least once in the official Town newspaper 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. All owners of property within 500 feet of the land proposed for subdivision will be sent a copy of the public hearing notice by the Clerk of the Town Planning Board. The hearing on the final plat shall be closed upon motion of the Town Planning Board within 120 days after it has been opened.

(c)

Action on final subdivision plat. The Town Planning Board shall make its decision on the final subdivision plat as follows:

[1]

If the preparation of an environmental impact statement on the final subdivision plat is not required, the Town Planning Board, after making findings of fact, shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of the final subdivision plat within 62 days after the close of the public hearing on the final plat.

[2]

If an environmental impact statement is required, the Town Planning Board shall make its own findings and shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of the final subdivision plat within 62 days after the close of the public hearing on such final plat or within 30 days of the adoption of the findings by the lead agency, whichever period is longer.

[3]

If the matter was referred to the Cayuga County Planning Board in accord with § 239-n of the General Municipal Law of New York State, the Town Planning Board shall not act within the first 30 days following such referral unless the County Planning Board renders a written recommendation within said thirty-day period. If the County Planning Board fails to make its recommendation within such thirty-day period, the Town Planning Board may take action on the final subdivision plat absent a recommendation of the County Planning Board.

(3)

Grounds for decision and notification of applicant. The Town Planning Board shall make findings of fact based on information generated during the public hearing and the comments made by involved and interested agencies and staff reports and the comments of the Town Engineer. The resolution shall contain the findings of fact on the proposed subdivision and the grounds for modification, if any, or the grounds for disapproval. In the case of a conditionally approved plat, the resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. A copy of such resolution shall be mailed to the applicant within five business days following its adoption.

(4)

Approval, certification and filing of final plats in the office of the Town Clerk.

(a)

Certification of final plat. Within five business days following the adoption of the resolution granting conditional or final approval of a final plat, such plat shall be certified by the Clerk of the Town Planning Board as having been granted conditional or final approval and such certified plat along with a copy of such resolution shall be filed in the office of the Town Clerk. 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 the Chairperson of the Town Planning Board, and a copy of such signed plat shall be filed in the office of the Town Clerk. In the case of a plat that is disapproved, a copy of the Town Board resolution disapproving such plat shall be filed in the office of the Town Clerk within five days of its adoption.

(b)

Approval of plat in phases. In granting conditional or final approval of a plat in final form, the Town Planning Board may permit the plat to be subdivided and developed in two or more phases and may, in its resolution granting conditional or final approval, state that such requirements as it deems necessary to insure the orderly development of the plat be completed before said phases may be signed by the Chairperson of the Town Planning Board. Conditional or final approval of the phases of a final plat may be granted concurrently with conditional or final approval of the entire plat subject to any requirements imposed by the Town Planning Board.

(c)

Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Town 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 Town Planning Board's opinion, such extension is warranted by the particular circumstances.

(d)

Default approval of final plats. In the event the Town Planning Board fails to take action on a preliminary or final plat within the time prescribed therefor after completion of all requirements under the State Environmental Quality Review Act,[2] or within such extended period as may have been established by the mutual consent of the owner and the Town Planning Board, such preliminary or final plat shall be deemed approved. The certificate of the Town Clerk as to the date of submission of the preliminary or final plat and the failure of the Town Planning Board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.

[2]

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

Filing of final plat; expiration of approval. The owner shall file in the office of the Cayuga County Clerk 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 Town Planning Board constituting final approval by the Town Planning Board of a plat as herein provided; or the approval by the Town Planning Board of the development of a plat or plats already filed in the office of the Cayuga County Clerk 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 Town Planning Board to take action within the time herein provided. In the event the owner shall file only a section of such approved plat in the office of the County Clerk, 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 phases of the approved plat shall expire unless said phases are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Subdivision 2 of § 265-a of the Town Law of New York State.

Issuance of permits; restricted.

(1)

No building permit shall be issued within the proposed subdivision until the conditions of the approval have been satisfied and the final plat has been signed by the Chairperson of the Town Planning Board and filed in the office of the Cayuga County Clerk. Notification of such filing also must be received by the Town prior to the issuance of a building permit. When a certificate of occupancy is requested for a new building in a subdivision prior to the completion of all improvements shown on the approved final subdivision plat, the utilities and street serving the building shall be completed to a degree satisfactory to the Town Engineer. The decision of the Town Engineer shall be based upon the following considerations:

(a)

Adequate vehicular access for the prospective occupant and emergency vehicles.

(b)

Services adequate or completed, including water systems and an approved means to dispose of sanitary wastes.

(c)

Structure completed to the satisfaction of the Building Inspector who shall utilize standards set forth in the New York Fire Prevention and Building Code.

(2)

Where such certificate of occupancy has been issued, the streets and utilities proposed for dedication shall be maintained in a suitable condition by the subdivider at his expense and liability until such time as it is accepted by the Town.

§ 126-16 Special districts.

Purpose. The purpose shall be to provide certain utilities and services on an equitable basis and also to assure a means of ongoing maintenance of those utilities and services. To achieve this purpose the Town of Owasco will create or extend special districts in conformance to the provisions of New York State Town Law and as set forth in the rules of the Town governing special districts.

Requirements.

(1)

Requirements to create or extend special districts are set forth in Article 12 et al. of New York State Town Law and the rules of the Town of Owasco governing special districts.

(2)

Application to create or extend a district must be accompanied by the required fee, a metes and bounds description of the district and a description of any easements or other information required to form the type of district requested. One copy of any application and accompanying materials to be presented to a state agency whenever necessary is required as part of the process of obtaining final plat approval.

Procedure. Application for the formation of a district is processed as follows:

(1)

Applications for state approval are submitted to the Town Supervisor, who reviews and signs them and returns them to the developer for submission to the appropriate state agencies.

(2)

The Secretary to the Town Planning Board refers the Town application and accompanying documents to the Town Supervisor for processing.

(3)

The Town Supervisor is responsible for taking the following actions:

(a)

That the documents are forwarded to the Engineer for the Town who prepares the maps and plans for the creation or extension of the district.

(b)

That the Attorney for the Town receives and reviews all documents to assure that all provisions of Article 12 of the New York State Town Law and all other legal requirements are met. If all matters are in compliance, the Attorney for the Town prepares:

[1]

The petition for creation of the district.

[2]

The notice for public hearing.

[3]

The resolution creating or extending the district.

(4)

Public hearing. Upon the receipt of a completed application for the district and recommendation of the Attorney for the Town, the Town Board shall schedule and hold a public hearing on the proposed district or extension of a district. The purpose of the public hearing is to permit free and open discussion of the proposed district. Notice of the public hearing shall be published in accordance with the provisions of New York State law. If the Town Board determines that the proposal meets all state and local requirements, the district shall be created or extended by resolution of the Town Board.

(5)

Notification. Notification of the decision shall be the responsibility of the Town Clerk and shall be performed in accordance with all provisions of state law. Final documentation concerning the creation or extension of the district shall become a part of the permanent public record of the subdivision and distributed by the Town Clerk accordingly.