[Added 3-14-2001 by Ord. No. 4-2001]
The division of land, as identified in § 127-5 above, shall be governed by the following administrative review process:
A.
Upon receipt of a request for a division of land,
including a location survey plan map showing all buildings, easements,
existing infrastructure, existing and proposed lot lines, as well
as receipt of the fee therefor as specified by the Town Board, the
Town Codes Enforcement Officer shall review such request and approve
the same, providing that the proposed division of land complies with
all Town zoning and other laws, rules and regulations.[1]
B.
In the event that such division of land does not comply
with all Town zoning and other laws, rules and regulations, the Codes
Enforcement Officer shall disapprove such request and advise of the
nature of the defect.
C.
Upon approval of a division of land, the Codes Enforcement
Officer shall endorse said map indicating his approval for filing
in the County Clerk's office pursuant to the authority of this Code.
D.
The applicant for division of land shall provide such
number and type of copies of the approved plan as the Codes Enforcement
Office shall specify for the Town's records.
E.
Notwithstanding the above, the Codes Enforcement Officer
may, in his sole discretion, refer any such request to the Planning
Board for its advice and/or approval.
[Amended 3-14-2001 by Ord. No. 4-2001]
The following procedure is specified for the
guidance of the subdivider. Since the development of land affects
many aspects of community growth, the subdivider is advised to consult
with officials concerned with engineering, health, assessments, schools,
recreation and other public functions in addition to those designated
in these regulations.
A.
Prior to applying for approval of a preliminary plat, the subdivider shall submit to the Planning Board a sketch plan as described in Article VII.
B.
The Planning Board shall designate a date for an appearance
by the subdivider at a meeting of the Board, which date shall be within
30 days from the date of submission, notice of which shall be given
not less than five days prior to such meeting.
C.
The subdivider and the Planning Board shall discuss
the property with respect to zoning requirements, existing private
and public developments, facilities and services and those proposed
by any 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 these regulations. As soon as practicable
in the consideration of the proposed subdivision, the Planning Board
shall initiate a review of the environmental factors involved in the
proposal.
A.
The subdivider shall consult with the Onondaga County
Department of Health if his proposed subdivision consists of five
or more lots.
B.
If the subdivision is to utilize a form of subsurface
leaching for waste disposal, percolation tests shall be made before
the subdivider proceeds to the preparation of the preliminary plat.
C.
If the installation of a sewer system is involved,
the subdivider shall consult with and obtain the approval of the Onondaga
County Department of Health.
D.
The subdivider shall submit to the Planning Board a preliminary plat, together with supplementary materials as specified in Article VII. The preliminary plat shall comply with these regulations and with any conditions which may have been attached to the sketch plan.
E.
Ten copies of the preliminary plat and all required
supplementary material shall be submitted. All copies of the application
for tentative approval and clearly identified preliminary plat shall
be submitted at least seven days prior to the regular meeting of the
Planning Board at which they are to be considered.
F.
The subdivider or his authorized representative shall
attend the meeting of the Planning Board to discuss compliance with
these regulations and with any conditions which may have been attached
to the sketch plan. In the case of any noncompliance, unless a variance
has been granted, the Planning Board shall return the plat drawing
to the subdivider for the purpose of bringing it into compliance.
If the plat drawing complies, it shall be referred to the Environmental
Council unless the size, location and topography of the proposed site
is such that the Planning Board, in its discretion, determines that
further environmental review is not required.
G.
When required by Article 12-B of the General Municipal
Law, a copy of the preliminary plat of a subdivision shall be referred
to the Onondaga County Planning Board for review and comment pursuant
to law.
I.
Preliminary subdivision plat. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 126, Stormwater Management and Erosion and Sediment Control, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 126.The approved preliminary subdivision plat shall be consistent with the provisions of this Chapter 126.
[Added 9-26-2007 by L.L. No. 2-2007]
A.
Within 62 days after submission of the preliminary
plat to the Planning Board, the Planning Board shall hold a public
hearing, which hearing shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing. 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. Within 62 days after the date
of such hearing, the Planning Board shall approve with or without
modification or disapprove such preliminary plat, and the ground of
a modification, if any, or the ground for disapproval shall be stated
upon the records of the Planning Board. The time in which the Planning
Board must take action on such plat may be extended by mutual consent
of the subdivider and the Planning Board. When approving a preliminary
plat, the Planning Board shall state, in writing, modifications, if
any, as it deems necessary for submission of the plat in final form.
Within five days of the approval of such preliminary plat, it shall
be certified by the Clerk of the Planning Board as granted preliminary
approval and a copy filed in his office, a certified copy mailed to
the owner and a copy forwarded to the Town Board. Failure of the Planning
Board to act within such sixty-two-day period shall constitute approval
of the preliminary plat.
[Amended 6-23-1993 by Ord. No. 5-1993]
B.
When granting approval to a preliminary plat, the
Planning Board shall state the terms of such approval, if any, with
respect to the modifications to the preliminary plat, the character
and extent of the required improvements for which waivers may have
been requested and which in its opinion may be waived without jeopardy
to the public health, safety, morals and general welfare and the improvements
or the amount of all bonds therefor which it will require as prerequisite
to the approval of the final plat. Approval of a preliminary plat
shall not constitute approval of the final plat, but rather it shall
be deemed an expression of approval of the design submitted on the
preliminary plat as a guide to the preparation of the final plat,
which will be submitted for approval of the Planning Board and for
recording upon fulfillment of the requirements of these regulations.
Prior to approval of the final plat, the Planning Board may require
additional changes as a result of further study of the subdivision
in final form or as a result of new information obtained at the public
hearing.
[1]
Editor's Note: A fee schedule is on file at
the office of the Town Clerk.
A.
Within six months after approval of the preliminary plat, the subdivider shall submit to the Planning Board an application for final approval, five copies of the final plat and all required supplementary material as specified in Article VII, § 127-34. The subdivider shall also submit a performance guaranty if all improvements required by these regulations have not been completed at this time. The date of submission shall be at least five days prior to the Planning Board meeting at which the final plat is to be considered. If the final plat is not submitted within six months after conditional approval of the preliminary plat, the Planning Board shall refuse to consider the final plat and require resubmission of the preliminary plat unless the subdivider has requested an extension of time, in writing, within six months of such conditional approval and said request has been approved by the Planning Board.
C.
Final subdivision plat. A stormwater pollution prevention plan consistent with the requirements of Chapter 126, Stormwater Management and Erosion and Sediment Control, and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 126. The approved final subdivision plat shall be consistent with the provisions of Chapter 126.
[Added 9-26-2007 by L.L. No. 2-2007]
A.
Within 62 days of the submission of a plat in final
form for approval, a hearing shall be held by the Planning Board.
This hearing shall be advertised at least once in a newspaper of general
circulation in the Town at least five days before such hearing; provided,
however, that when the Planning Board deems the final plat to be in
substantial agreement with a preliminary plat as approved, including
any modifications in accordance with requirements of such approval
if such preliminary plat has been approved with modifications, the
Planning Board may waive the requirement for such public hearing.
[Amended 6-23-1993 by Ord. No. 5-1993]
B.
The Planning Board shall by resolution conditionally
approve, conditionally approve with or without modification, disapprove
or grant final approval and authorize the signing of such plat within
62 days of its receipt by the Planning Board if no hearing is held
or, in the event that a hearing is held, within 62 days after the
date of such hearing. This time may be extended by mutual consent
of the subdivider and the Planning Board. Failure to take action on
a final plat within the time prescribed therefor shall be deemed approval
of the plat.
[Amended 6-23-1993 by Ord. No. 5-1993]
C.
Upon resolution of conditional approval of such final
plat, the Planning Board shall empower a duly authorized officer to
sign the plat upon completion of such requirements as may be stated
in the resolution. Within five days of such resolution, the plat shall
be certified by the Clerk of the Planning Board as conditionally approved
and a copy filed in his office and a certified copy mailed to the
subdivider. The copy mailed to the subdivider shall include a certified
statement of such requirements which, when completed, will authorize
the signing of the approved final plat. Upon completion of such requirements,
the plat shall be signed by said duly authorized officer of the Planning
Board. Such endorsement shall stipulate that the plat does not conflict
with the County Official Map or, in cases where plats front on or
have access to or are otherwise related to roads or drainage systems
shown on the county map, that such plat has been approved in the manner
specified by § 239-k of the General Municipal Law. Conditional
approval of a final plat shall expire 180 days after the date of the
resolution granting such approval unless the requirements have been
certified as completed within that time. The Planning Board may, however,
extend the time within which a conditionally approved plat may be
submitted for signature if in its opinion such extension is warranted
in the circumstances for not to exceed two additional periods of 90
days each.
D.
Prior to granting conditional or final approval of
a plat in final form, the Planning Board may permit the plat to be
subdivided into two or more sections and may in its resolution granting
conditional or final approval state that such requirements as it deems
necessary to ensure the orderly development of the plat be completed
before such sections may be signed by the Chairman of the Planning
Board. Conditional or final approval of the sections of a final plat,
subject to any conditions imposed by the Planning Board, shall be
granted concurrently with conditional or final approval of the plat.
E.
The signature of the duly authorized officer of the
Planning Board constituting final approval by the Planning Board of
a plat showing lots, blocks or sites, with or without streets or highways,
or the certificate of the Town as to the date of the submission of
the final plat and the failure of the Planning Board to take action
thereon within the time prescribed shall expire within 62 days from
the date of such approval or from the date such certificate is issued,
unless within such sixty-two-day period such plat or a section thereof
shall have been duly filed or recorded by the owner in the office
of the Onondaga County Clerk. In the event that the owner shall file
only a section of such approved plat in the office of the Onondaga
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 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 § 265-a of the
Town Law.
[Amended 6-23-1993 by Ord. No. 5-1993]
F.
No changes, erasures, modifications or revisions shall
be made in any subdivision plat after approval has been given by the
Planning Board and endorsed, in writing, on the plat unless said plat
is first resubmitted to the Planning Board and such Board approves
any modifications. In the event that any such subdivision plat is
recorded without complying with the requirement, the same shall be
considered null and void, and the Board shall institute proceedings
to have the plat stricken from the records of the County Clerk.
[Amended 6-23-1993 by Ord. No. 5-1993]
A.
The Town Planning Board may modify applicable provisions of Chapter 155, Zoning, and these subdivision regulations, subject to the approval of a plat or plats pursuant to these subdivision regulations, subject to the conditions specified in Town Law § 278 and such other reasonable conditions as the Town Planning Board may in its discretion add thereto. The purpose of any such authorization shall be to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands.
[Amended 3-22-2006 by L.L. No. 3-2006]
B.
This procedure, when authorized by resolution of the
Town Board, may be followed at the discretion of the Planning Board
if, in said Board's judgment, its application would benefit the Town.
When authorized by resolution of the Town Board to utilize the powers
granted by Town Law § 278, the Planning Board will be deemed
to be invested with all of the powers provided by § 278,
subject to all of the conditions specified therein.
