Town of Salina, NY
Onondaga County
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Table of Contents
Table of Contents

§ 210-7 Application for approval.

Whenever any subdivision of land is proposed to be made, and before any permit for the erection of a structure in a proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedures. Applications shall be made on forms provided by the Director of Planning and Development.

§ 210-8 Review procedure for minor subdivisions.

Minor subdivisions shall be processed in the following steps, and also subject to the provisions of § 210-21 hereof regarding completion and possible dedication of streets and improvements:
A. 
Sketch plan conference (optional), pursuant to § 210-10.
B. 
Application for preliminary and final plat approval (see § 210-11).
C. 
Town Engineer review.
D. 
Planning Board review and environmental determination.
E. 
Public hearing. (Some steps may run concurrently.)
F. 
Planning Board action on final plat.

§ 210-9 Review procedure for major subdivisions.

Major subdivisions shall be processed in the following steps and also subject to the provisions of § 210-21 hereof regarding completion and possible dedication of streets and improvements:
A. 
Sketch plan conference (optional), pursuant to § 210-10.
B. 
As applicable, application for preliminary plat approval (see § 210-11).
C. 
Town Engineer review.
D. 
Planning Board review and environmental determination.
E. 
Public hearing. (Some steps may run concurrently.)
F. 
Planning Board action on preliminary plat.
G. 
Application for final plat approval (see § 210-12).
H. 
Planning Board review; recommendation from Town Engineer.
I. 
Public hearing (optional).
J. 
Planning Board action on final plat.

§ 210-10 Sketch plan conference.

A. 
For the purpose of expediting applications and reducing design and development costs, the applicant may request a sketch plan conference with the Planning Board and other Town representatives for the purpose of reviewing a sketch plan of a proposed subdivision.
B. 
The applicant shall submit at least four copies of a sketch plan as provided in § 210-36 herein, to the Director of Planning and Development. The Director shall review the application for preliminary determination of completeness and inform the applicant within two weeks, in writing, of the determination as to completeness of the sketch plan. If the Director determines the sketch plan appears complete, the applicant shall be scheduled for a sketch plan conference at the next available meeting of the Planning Board, which date shall be not more than 30 days from the date of submission of the application. An incomplete application, as determined by the Director, will not be placed on the Planning Board agenda and will not be reviewed by the Planning Board.
C. 
The subdivider and the Planning Board shall, at such sketch plan conference, discuss the requirements of these regulations in regard to street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information. The Planning Board shall additionally determine whether the subdivision will be a major or minor subdivision according to these regulations. The Planning Board shall identify any potential changes or modifications in the sketch plan or if any part or portion of the proposed subdivision fails to meet the requirements of these regulations.
D. 
Where public utilities are involved, contact with appropriate agencies for connection specifications, capacities and other requirements should be made.

§ 210-11 Preliminary plat procedure.

A. 
The subdivider shall submit to the Planning Board a preliminary plat, including all supplementary materials specified in Article VI of this chapter. The preliminary plat shall conform to the these regulations and to the layout shown in the sketch plan, where applicable, in addition to recommendations made by the Planning Board.
B. 
The subdivider shall submit 14 copies of the preliminary plat and all required supplementary material. All copies of the application for tentative approval shall be identified as "preliminary plat" and shall be submitted at least two weeks prior to the regular meeting of the Planning Board at which the application is to be considered.
C. 
The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the proposed preliminary plat and compliance with these regulations or any conditions noted during the sketch plan conference, where applicable. Where the Planning Board finds that the proposed preliminary plat fails to comply with these regulations, except where a variance has been granted, the application shall be returned to the subdivider so that the proposed preliminary plat may be brought into compliance with these regulations.
D. 
The Planning Board shall forward copies of the proposed preliminary subdivision to the following for review and comment:
(1) 
Town Engineer for review of such preliminary plat and certification to the Planning Board that adequate drainage, sewer, water and highway facilities are shown on the preliminary plat and that such facilities are adequate to satisfy the needs of the subdivision and of necessary surrounding areas.
(2) 
The Highway Superintendent, for determination that layout of highways is suitable and that proposed construction meets the specifications of the Town of Salina.
(3) 
The New York State Department of Transportation, or the Onondaga County Department of Transportation, for determination of whether highway provisions will meet applicable requirements of that agency.
(4) 
Onondaga County Water Authority, for determination of feasibility of servicing the proposed subdivision with an appropriate water supply.
(5) 
Local School Board, to apprise the Board of the number of potential dwellings planned.
(6) 
Director of Planning and Development, for review and consultation with the local fire department for matters related to safety issues.
(7) 
The Assessor, for approval of lot and block numbers and letters.
E. 
The date of submission of the preliminary plat, complete and accompanied by the required fee and all data required by Article VI of these regulations, shall be the date on which a negative declaration has been filed or 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.
F. 
Public hearing on preliminary plat. The Planning Board shall hold a public hearing within 62 days after the receipt of a complete application for the preliminary plat. Such public 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.
G. 
Approval of preliminary plat. The Planning Board shall, by resolution, approve, with or without modification, or disapprove such preliminary plat within 62 days after the public hearing. The ground for modification, if any, or the ground for disapproval shall be stated upon the records of the Planning Board. The time within which the Planning Board must take action on such preliminary plat may be extended by mutual consent of the subdivider and 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.
H. 
Filing of preliminary plat. Within five days of the approval of such preliminary plat, such plat shall be certified by the Clerk to the Planning Board as granted preliminary approval and a copy filed in the office of the Town Clerk, a certified copy mailed to the subdivider and a copy filed with the Director of Planning and Development.
I. 
Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat, the subdivider must submit the plat in final form. If the final plat is not submitted within the six months, approval of the preliminary plat may be revoked by the Planning Board. Upon application for reinstatement of the preliminary plat, the Planning Board may impose additional fees, including for administrative and consultants review as provided for at § 210-4 hereof.
J. 
Default approval of preliminary plat. In the event that the Planning Board fails to take action on the preliminary plat within the time prescribed therefor, such preliminary plat shall be deemed granted preliminary approval. The certificate of the Town Clerk as to the date of submission, and the failure of the Planning Board to take action within such prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement of other evidence of approval herein required.

§ 210-12 Final plat procedure.

A. 
Within six months after the approval of the preliminary plat, the subdivider shall file with the Planning Board an application for approval of the final plat. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may revoke preliminary plat approval, refuse to approve the final plat and require resubmission of the preliminary plat and may impose additional fees, including for administrative and consultants review in connection therewith as provided for at § 210-4 hereof.
B. 
The subdivider shall submit to the Director of Planning and Development 14 copies of the application for final plat approval and all required supplementary material specified in Article VI of this chapter, and the original and all offers of cession, covenants and agreements and three prints of all construction drawings.
C. 
The time of submission of the final plat shall be the date on which the application for approval of the final plat, complete and accompanied by the required fee and all data required by Article VI of these regulations, has been filed with the Planning Board.
D. 
Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Onondaga County Department of Health and Onondaga County Department of Drainage and Sanitation, as applicable. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary town, county and state agencies. Endorsement and approval by the Onondaga County Department of Health shall be secured by the subdivider before official submission of the final subdivision plat.
E. 
Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to § 210-11, the 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 of the submission of a plat in final form to the Clerk of the Planning Board.
F. 
Final plats which are not in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to § 210-11, the following shall apply:
(1) 
Final plats not in substantial agreement with approved preliminary plats may require further review under the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation Law, Art. 8.
(2) 
The Planning Board shall hold a public hearing on such final plat no later than 62 days after the receipt of the final plat. The hearing shall be advertised at least once in the official Town newspaper at least five days before such hearing.
(3) 
The 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 after the date of such public hearing. The ground for a modification, if any, or the ground for disapproval shall be stated upon the records of the Planning Board. The period in which the Planning Board must take action on such final plat may be extended by mutual consent of the subdivider and the Planning Board.
G. 
Final plats when no preliminary plat is required to be submitted. Notwithstanding any other provision hereof to the contrary or otherwise, in the discretion of the Planning Board, a preliminary plat may not be required or may be treated as a final plat. When no preliminary plat is required to be submitted or a preliminary plat is to be treated as a final plat, the following shall apply:
(1) 
Such plat shall be clearly marked (or its marking changed to) "final plat" and shall comply with the provisions of Article VI of this chapter. The Planning Board shall hold a public hearing within 62 days after the receipt of a complete final plat by the Board. Such hearing shall be advertised at least once in the official Town newspaper 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 final plat.
(2) 
The 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 after the date of the public hearing. The ground for modification, if any, or the ground for disapproval shall be stated upon the records of the Planning Board.
H. 
Extension of time. 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.
I. 
Approval by default. In the event that the Planning Board fails to take action on the final plat within the time prescribed herein, or for such extended period established by the mutual consent of the owner and the Planning Board, such final plat shall be deemed approved. The certificate of the Town Clerk as to the date of submission, and the failure of the Planning Board to take action within such prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement of other evidence of approval herein required.
J. 
Upon approval of the final subdivision plat, copies shall be distributed by the Planning Board as follows:
(1) 
The Town Clerk, for filing.
(2) 
The Director of Planning and Development.
(3) 
The Superintendent of Highways.
(4) 
The Assessor of the Town of Salina.
(5) 
The Attorney to the Planning Board.
(6) 
The Town Engineer.
(7) 
The Mattydale Fire Department.
(8) 
The Hinsdale Fire Department.
(9) 
The Lyncourt Fire Department.
(10) 
The Liverpool Fire Department.

§ 210-13 Conditional approval of final plat.

A. 
Certification of plat. 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 the office of the Town Clerk. A copy of the resolution shall be mailed to the subdivider and to the Director of Planning and Development, which copy shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat.
B. 
Duration of approval. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board. 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 under the circumstances for a maximum of two periods not exceeding 90 additional days each.

§ 210-14 Approval of plat in sections.

In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in 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 said sections may be signed by the Chairman of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with or conditional upon final approval of the entire plat, subject to any conditions or requirements imposed by the Planning Board.

§ 210-15 Referral to county and regional boards, agencies or commissions; related referrals.

The Planning Board shall forward all proposed preliminary and final proposed subdivision applications and plats to any and all required county/regional or other applicable planning boards, agencies or commissions or to any other authority or body required to be referred to under applicable law, including but not limited to the Onondaga County Planning Board, pursuant to § 239-n of the General Municipal Law, and the City of Syracuse Planning Commission in relation to the three-mile limit and otherwise, where applicable or required.

§ 210-16 Expiration of approval.

A. 
The subdivider or owner shall file in the office of the 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:
(1) 
The signature of the duly authorized officer of the Planning Board constituting final approval by the Planning Board of a plat as herein provided; or
(2) 
The approval by such Board of the development of a plat or plats already filed in the office of the County Clerk of the county in which such plat or plats are located if such plats are entirely or partially undeveloped; or
(3) 
The certificate of the Town Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided.
B. 
In the event that the subdivider or 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 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 and of this article.

§ 210-17 Compliance with State Environmental Quality Review Act.

The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.

§ 210-18 Modifications to approved plat.

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 the 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 this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the plat stricken from the records of the Onondaga County Clerk.

§ 210-19 Modification to zoning requirements pertaining to cluster developments.

A. 
Pursuant to the authority granted by the Town Board, the Planning Board is empowered, where in the Board's judgment its application would benefit the town, to modify applicable provisions of the Zoning Ordinance in accordance with the provisions and conditions of § 278 of the Town Law pertaining to cluster developments for the purposes of enabling and encouraging 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 economic use of streets and utilities and to preserve the natural and scenic qualities of open lands.
B. 
Upon filing of the final plat in the office of the Onondaga County Clerk, in which § 278 has been used, the subdivider shall file a copy with the Town Clerk, who shall make appropriate notations and references thereto on the Town Zoning Map. The Clerk to the Planning Board shall notify the Director of Planning and Development when such plat is filed.

§ 210-20 Application for area variance.

Where a plat contains one or more lots which do not comply with the Zoning Ordinance, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 235-45 of the Zoning Ordinance, without the necessity of a decision or determination of the Director of Planning and Development. In reviewing such application, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.

§ 210-20.1 Lot line adjacent procedures.

[Added 6-26-2000]
A. 
Lot line adjustments shall be granted by the Director of Planning and Development in accordance with the provisions herein.
B. 
Applications for lot line adjustments shall be made in writing to the Director of Planning and Development, and shall consist of the following documentation:
(1) 
Map. A survey map prepared by a licensed engineer or surveyor which indicates the existing lot lines as well as the proposed adjusted lot line on a scale no smaller than one inch equaling 100 feet.
(2) 
Copies of the latest recorded deeds to the properties in their current configuration, a proposed deed for the parcel to be conveyed as a result of the lot line adjustment and a metes-and-bounds description of the properties in their present configuration and the proposed new configuration.
(3) 
An application fee in accordance with § 210-4.
C. 
The Director of Planning and Development shall review the application to ensure that the lot line adjustment will not result in violation of the Zoning Ordinance[1] or any other codes, rules or regulations.
[1]
Editor's Note: See Ch. 235, Zoning.
D. 
The Director of Planning and Development shall have 30 days from the date he receives the application to approve or deny an application for a lot line adjustment. Upon approval, the Director of Planning and Development shall issue a certificate of lot line adjustment, which shall be filed in the office of the Onondaga County Clerk concurrently with the deed effecting the lot line adjustment.