Whenever any subdivision of land is proposed,
before any contract is made for the sale of any part thereof, before
any permit for the erection of a permanent building in such proposed
subdivision shall be granted, and before any subdivision plat may
be filed in the office of the Ontario County Clerk, the applicant
or his authorized agent shall apply for and secure approval of such
proposed subdivision in accordance with the following procedure.
The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act and its implementing
regulations and the provisions of Town Law § 276, Subdivision
5.
A. Consideration of a preliminary plat for approval.
A preliminary plat shall not be considered for approval until a negative
declaration has been filed or until a notice of completion of the
draft environmental impact statement has been filed in accordance
with the provisions of the State Environmental Quality Review Act.
The time periods for review of a preliminary plat shall begin upon
filing of such negative declaration or such notice of completion.
B. Planning Board as lead agency.
(1) Public hearing on preliminary plats.
(a)
The time within which the Planning Board shall
hold a public hearing on the preliminary plat shall be coordinated
with hearings the Planning Board may schedule pursuant to the State
Environmental Quality Review Act, as follows:
[1]
If such Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the public hearing on such plat shall be held within 62
days after the receipt of complete preliminary plat by the Clerk of
the Planning Board; or
[2]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing on the environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act.
(b)
If no public hearing is held on the draft environmental
impact statement, the public hearing on the preliminary plat shall
be held within 62 days of filing notice of completion.
(2) Public hearing notice.
(a)
The hearing on the preliminary plat shall be
advertised at least once in a newspaper of general circulation in
the Town at least five days before such hearing, if no hearing is
held on the draft environmental impact statement, or 14 days before
a hearing held jointly therewith.
(b)
The Planning Board may provide that the hearing
be further advertised in such a manner as it deems most appropriate
for full public consideration of such preliminary plat.
(c)
The hearing on the preliminary plat shall be
closed upon motion of the Planning Board within 120 days after it
has been opened.
(3) Decision.
(a)
The Planning Board shall approve, with or without
modification, or disapprove such preliminary plat as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, such Board shall make its decision within 62 days after
the close of the public hearing; or
[2]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing on the preliminary plat in accordance with the provisions
of the environmental impact statement.
(b)
Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue a State Environmental
Quality Review Act findings statement of the final environmental impact
statement and make its decision on the preliminary plat.
(4) Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state, in writing, any modifications it deems necessary
for submission of the plat in final form.
(5) Certification and filing. Within five business days
of the adoption of the resolution granting approval of the preliminary
plat, it shall be certified by the Clerk of the Planning Board as
having been granted preliminary approval. A copy of the plat and resolution
shall be filed in the Clerk of the Planning Board's office, and a
copy of the resolution shall be mailed to the applicant. A copy of
the resolution shall be filed with the office of the Town Clerk.
C. Planning Board not as lead agency.
(1) Public hearing on preliminary plat. The Planning Board
shall, with the agreement of the lead agency, hold the public hearing
on the preliminary plat. Failing such agreement or if no public hearing
is held on the draft environmental impact statement, the Planning
Board shall hold the public hearing on the preliminary plat within
62 days after the receipt of a complete preliminary plat by the Planning
Board Clerk.
(2) Public hearing notice.
(a)
The hearing on the preliminary plat shall be
advertised at least once in a newspaper of general circulation in
the Town at least five days before such hearing, if held independently
of the hearing on the draft environmental impact statement, or 14
days before a hearing held jointly therewith.
(b)
The Planning Board may provide that the hearing
be further advertised in such manner as it deems most appropriate
for full public consideration of such preliminary plat.
(c)
The hearing on the preliminary plat shall be
closed upon motion of the Planning Board within 120 days after it
has been opened.
(3) Decision. The Planning Board shall approve with or
without modification or disapprove the preliminary plat as follows:
(a)
If the preparation of an environmental impact
statement on the preliminary plat is not required, the Planning Board
shall make its decision within 62 days after the close of the public
hearing on the preliminary plat.
(b)
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the preliminary plat within 62 days after the close of the public
hearing on such preliminary plat or within 30 days of the adoption
of findings by the lead agency, whichever period is longer.
(4) Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state, in writing, any modifications it deems necessary
for submission of the plat in final form.
(5) Filing and certification requirements. The filing and certification requirements are the same as in §
121-17B(5).
For a resubdivision, the same procedure, rules
and regulations apply as for a subdivision.
The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or imply the acceptance by
the Town of any street, park, playground or other open space shown
on said plat. The Planning Board may require said plat to be endorsed
with appropriate notes to this effect.
Whenever any parcel line adjustment or parcel
consolidation is proposed, before any contract is made for the sale
of any part thereof, and before any parcel line adjustment plat may
be filed in the office of the Ontario County Clerk, the applicant
or his or her authorized agent shall apply for and secure approval
of such proposed adjustment in accordance with the following procedure:
A. The landowner(s) shall submit an application to the Planning Board on forms available from the Town Clerk with the fee established by the Town Board. The requirements of §
121-14, Application completeness, shall apply to this section. The application shall contain the following information:
(1) Existing description of the metes and bounds of all
parcels affected by the proposed adjustment;
(2) A plat or map of all parcels affected by the proposed
adjustment;
(3) The location of existing utility or other easements,
wells, and septic lines;
(4) Proposed description of the metes and bounds of all
lots affected by the proposed parcel line adjustment; and
(5) Proposed plat or map sealed by a surveyor licensed
in the State of New York of all parcels affected by the proposed adjustment.
B. The Town Engineer and the Town Attorney shall review
all proposed parcel line adjustments for utility easements, proximity
to existing septic lines, existing wells, compliance with setback
requirements, and all other engineering and legal considerations.
C. The Planning Board, after review of the application,
may approve the parcel line adjustment as long as:
(1) It does not create a nonconforming parcel or cause
any other parcel to become nonconforming as a result of the adjustment;
(2) It complies with all applicable zoning requirements
and applicable New York State Department of Health regulations pertaining
to well and septic system distances from parcel boundaries; and
(3) It does not create a landlocked parcel.
D. Signing of plat.
(1) Every parcel line adjustment plat submitted to the
Planning Board for its approval shall carry the following endorsement:
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Approved by Resolution of the Planning Board
of the Town of West Bloomfield, New York, on the _____ day of _____,
20 _____, subject to all requirements and conditions of said resolution.
Any change, erasure, modification or revision of this plat, as approved,
shall void this approval. Signed this _____ day of _____ 20 _____,
by
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Planning Board Chairperson
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Town Engineer
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(2) In the absence of the chairperson, the Acting Chairperson
may sign in his or her place.
E. Certification and filing. Within five business days
of the adoption of the resolution granting approval of the parcel
line adjustment, it shall be certified by the Clerk of the Planning
Board as having been granted approval. A copy of the plat with the
boundary line adjustment and resolution shall be filed in the Clerk
of the Planning Board's office, and a copy of the resolution shall
be mailed to the applicant. A copy of the resolution shall be filed
with the office of the Town Clerk.