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.
A.
The purpose of the preapplication meeting is to provide
the applicant with the necessary information in order to save the
applicant time and money and to make the most of opportunities for
a desirable development.
B.
The applicant is required to attend a preapplication
meeting with the Code Enforcement Officer and a member of the Planning
Board to review all the application procedures, requirements and regulations
prior to submission of a sketch layout, preliminary plat submission
or final plat submission. Items to be reviewed include, but are not
limited to, general requirements as to design of streets, reservations
of land, stormwater management, wastewater disposal, water supply,
fire protection and other improvements.
C.
A general timeline for the application approval process,
and any other information that will assist the applicant in preparing
a complete application for submission, will be provided.
D.
The applicant will be advised that there may be other
local, state, or federal agencies or departments which should be consulted,
such as the Town Engineer, New York State Department of Transportation,
Ontario County Highway Department, New York State Department of Environmental
Conservation or other agencies.
A.
An application for sketch layout, preliminary plat,
or final plat shall be considered complete for the purposes of initiating
review and further processing if it is submitted in the required form
and includes all mandatory information and the application fee has
been paid. A determination of application completeness shall be made
by the Code Enforcement Officer within 15 business days from date
of submission.
B.
If an application is determined to be incomplete,
the Code Enforcement Officer shall provide written notice to the applicant,
along with an explanation of the application's deficiencies. No further
processing of the application shall occur and no public hearings shall
be scheduled until the deficiencies are corrected. If the deficiencies
are not corrected by the applicant within 60 days, the application
shall be considered withdrawn, and the application shall be returned
to the applicant. By mutual agreement of the applicant and the Code
Enforcement Officer, an extension may be granted.
C.
Application fees are not refundable.
A.
The purpose of this step is to afford the applicant
an opportunity to have an informal review of the proposed subdivision
with the Planning Board and to determine if a clustered subdivision
layout will be required.
B.
Whenever a proposed subdivision involves the layout
of a new street or the extension of an existing one, or a major subdivision
is proposed, the applicant shall prepare and submit to the Planning
Board seven copies of a sketch layout of the proposed subdivision.
For minor subdivisions this step is optional.
A.
A preapplication meeting, as described in § 121-13, is required prior to submission of an application.
B.
The application shall:
(1)
Be made on forms available at the office of the Town
Clerk;
(2)
Include all land which the applicant proposes to subdivide
as well as all lands owned by the applicant adjacent to the area proposed
for subdivision;
(4)
Be submitted to the Clerk of the Board and accompanied
by the fee established by the Town Board 30 days prior to a regular
meeting of the Planning Board; and
(5)
Be referred to the Ontario County Planning Board for
review in accordance with the provisions of New York State General
Municipal Law, Article 12-B, § 239-m, and the bylaws of
the Ontario County Planning Board.
C.
The Town Engineer shall report to the Planning Board
concerning the adequacy of engineering features shown on the preliminary
subdivision plat.
D.
The Planning Board will review the application according to § 121-2, Purpose and intent, and § 121-6, General policy for subdivision design and review. Consideration will be given to the requirements of the community and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of streets, their relation to the topography of the land, sewage disposal, stormwater management, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Town Comprehensive Plan and the Official Map as they may be adopted.
E.
The applicant should be prepared to attend the next
regular meeting of the Planning Board and any subsequent meetings
deemed necessary by the Chairman of the Planning Board to discuss
the preliminary plat.
F.
The Planning Board shall hold a hearing and approve,
approve with modification, or disapprove the preliminary plat in conjunction
with the requirements of the State Environmental Quality Review Act
and in accordance with the provisions outlined in Town Law § 276,
Subdivision 5.
G.
Pursuant to General Municipal Law Article 12-B, § 239-nn,
the Planning Board shall send notice of a scheduled public hearing
to the adjacent municipality at least 10 days prior to the public
hearing for a subdivision on a property that is within 500 feet of
an adjacent municipality.
H.
Pursuant to General Municipal Law § 239-m,
the County Planning Board shall have 30 days to make a recommendation.
This review period may be extended by mutual agreement. The Town Planning
Board is required to consider the County Planning Board's recommendations
as well as any attached comments. If the County Planning Board recommends
modification or disapproval of a proposed action, the Town Planning
Board shall not act contrary to such modification or disapproval except
by a vote of a majority plus one of all the members thereof.
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).
A.
Preliminary approval of a subdivision plat is required
prior to a final plat submission.
(1)
Application procedure. Within six months of the approval
of the preliminary plat, the applicant shall file with the Planning
Board an application for approval of a subdivision plat. The application
shall:
(a)
Be made on forms provided by the Planning Board
at the time of conditional approval of the preliminary plat and available
at the office of the Town Clerk;
(b)
Include the entire subdivision;
(d)
Comply in all respects with the preliminary
plat as conditionally approved; and
(e)
Be presented to the Clerk of the Planning Board
at least two weeks prior to a regular meeting of the Board in order
that a public hearing may be scheduled and the required notice given.
(2)
Revocation of approval of a preliminary plat. Within
six months of the approval of the preliminary plat, the applicant
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 Planning Board.
B.
Official submittal date. The subdivision plat shall be considered officially submitted only at the regular meeting of the Planning Board following completion of the application procedure outlined above. If, upon the submission of the subdivision plat, the Planning Board finds that the subdivision plat is in substantial agreement with the approved preliminary plat, the hearing requirement in Article III, § 121-16E, may be waived. If no final hearing is held, the time in which the Planning Board must approve the subdivision plat begins on the date of the receipt of the final plat by the Clerk of the Planning Board.
C.
Town Engineer report. The Town Engineer shall report
to the Planning Board concerning the adequacy of engineering features
shown on the final subdivision plat.
D.
Endorsement of State Health Department. The proposed
subdivision plat shall be properly endorsed by the New York State
Department of Environmental Conservation (NYSDEC) and the State Health
Department as meeting the standards of the State Sanitary Code, Public
Health Law or other applicable health code before any public hearing
is scheduled. The plat should be in final form before NYSDEC and the
State Health Department approval.
E.
County Official Map notification. The Planning Board
will also, if the county has established a County Official Map, notify
the Ontario County Planning Board and the County Superintendent of
Highways or Commissioner of Public Works if the subdivision plat proposes
structures or new streets having frontage on, access to, or otherwise
directly related to any county road, existing or proposed, as shown
on the County Official Map.
F.
Action on a proposed subdivision plat.
(1)
The Planning Board shall, within 62 days after the
date of the hearing, approve, conditionally approve with or without
modification, or disapprove the final plat. "Conditional approval"
is defined as the approval of the final plat subject to the conditions
that may be set forth by the Planning Board in its resolution conditionally
approving the plat.
(2)
If such plat is conditionally approved by the Planning
Board, the Chairman of said Board shall be empowered and required
to sign the final plat when the completion of all requirements stated
in the conditional approval have been satisfactorily met.
(3)
The applicant shall have 180 days to satisfy the requirements
of the conditional approval and to obtain the signature of the Chairman
of the Planning Board as is heretofore required. This period may be
extended by the Planning Board if, in its opinion, the circumstances
warrant this for up to two ninety-day periods beyond the 180 days.
G.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been given by the Board and endorsed, in writing, on
the plat. In the event that any subdivision plat, when recorded, contains
any such changes, the plat shall be considered null and void, and
the Board shall institute proceedings to have said plat stricken from
the records of the County Clerk.
H.
Final plats not in substantial agreement with approved preliminary plat. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section, it shall be reviewed and considered by the procedures outlined in § 121-17 of this article with the documents identified as a final plat.
I.
Signing of plat.
(1)
Every subdivision plat submitted to the 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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Highway Superintendent
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Code Enforcement Officer
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Fire Chief
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Water District Superintendent
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(2)
In the absence of the Chairperson, the Acting Chairperson
may sign in his or her place. If there is a County Official Map, such
endorsement shall stipulate that the plat does not conflict with the
County Official Map or, in cases where the plat does front on, have
access to, or is otherwise related to roads or stormwater management
systems shown on the county map, that such plat has been approved
by the County Planning Board.
A.
Improvements and performance security. Prior to an
action by the Planning Board approving a subdivision plat, the applicant
shall be required to guarantee completion in accordance with the Planning
Board's decision and to the satisfaction of the appropriate Town departments,
all the street, sanitary and other improvements specified in the action
approving said plat.
(1)
The applicant shall post with the Town a performance
security in the form required by the Town, which may include but is
not limited to an irrevocable letter of credit, a performance bond,
or a cash deposit, sufficient to cover the full cost of the improvements
as approved by the Town Engineer. Such performance security shall
be subject to approval by the Town Board in accordance with § 277,
Subdivision 9, of Town Law and shall run for a term to be fixed by
the Planning Board. Upon posting of such performance security and
compliance with all other requirements, the Chairman shall sign the
subdivision plat as evidence that it complies in full with the subdivision
regulations and has been approved.
(2)
Prior to release of the performance security and acceptance
of any offer of dedication, it shall be the responsibility of the
applicant to provide the Town a maintenance bond, satisfactory to
the Town as to form, sufficiency and manner of execution, for a period
of not less than two years after satisfactory completion of the project
to assure its quality.
(3)
All required improvements shall be made by the applicant
at his expense without reimbursement by the Town or any district therein.
Said improvements shall include the following:
(a)
Streets.
(b)
Street signs, paint striping of center line,
shoulder line or other required paint striping as approved by the
Town Highway Superintendent.
(c)
Curbs and gutters.
(d)
Monuments.
(e)
Stormwater runoff system.
(f)
Sanitary sewage collection system.
(g)
Water supply system.
(h)
Park and recreation facilities.
(i)
Electrical, telephone, other telecommunication
or information transmission infrastructure, and utility lines.
(j)
Plantings and ground cover.
B.
Inspection of improvements. The Town shall employ
its Engineer as an inspector to act as agent of the Town Board for
the purpose of assuring the satisfactory completion of improvements
required by the Planning Board and shall determine an amount sufficient
to defray costs of inspection.
(1)
It shall be the responsibility of the applicant to
bear any and all inspection costs incurred by the Town or its agents
in connection with the applicant's project and have moneys included
in the letter of credit.
(2)
If the Planning Board or its agent finds, upon inspection,
that any of the required improvements have not been constructed in
accordance with Planning Board recommendations or the approved construction
details, the applicant and the issuer of the security will be severally
and jointly liable for the costs of completing said improvements according
to specifications.
C.
Offers of dedication and release. The plat shall be
endorsed with the necessary agreements in connection with required
easements or releases.
(1)
Formal offers of dedication to the Town of all streets
and parks, not marked on the plat with notation to the effect that
such dedication will not be offered, shall be filed with the Planning
Board prior to plat approval.
(2)
If the owner of the land or his agent who files the
plat does not add as part of the plat a notation to the effect that
no offer of dedication of such streets, highways or parks or any of
them is made to the public, the filing of the plat in the office of
the County Clerk or register shall constitute a continuing offer of
dedication of the streets, highways or parks or any of them to the
public, and said offer of dedication may be accepted by the Town Board
at any time prior to revocation of said offer by the owner of the
land or his agent.
(3)
Upon completion of all requirements set forth in the
action approving the subdivision plat and notation to that effect
upon the subdivision plat, it shall be deemed to have final approval
and shall be signed by the Chair of the Planning Board and may be
filed by the applicant in the office of the County Clerk. Any subdivision
plat not so filed and recorded within 62 days of the date upon which
said plat is approved or considered approved by reasons of the failure
of the Planning Board to act shall become null and void.
D.
Other required documents. Approved copies of any waivers,
variances, special districts, special district extensions, permits
and/or covenants required by the Planning Board, these regulations,
and/or another agency having jurisdiction shall be included in a form
acceptable to the Planning Board and the Town Attorney.
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.
