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.
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:
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:
C.
Town Engineer review.
D.
Zoning Board of Appeals review and environmental determination.
[Amended 3-28-2022 by L.L. No. 4-2022]
E.
Public hearing. (Some steps may run concurrently.)
F.
Zoning Board of Appeals action on preliminary plat.
[Amended 3-28-2022 by L.L. No. 4-2022]
H.
Zoning Board of Appeals review; recommendation from
Town Engineer.
[Amended 3-28-2022 by L.L. No. 4-2022]
I.
Public hearing (optional).
J.
Zoning Board of Appeals action on final plat.
[Amended 3-28-2022 by L.L. No. 4-2022]
[Amended 3-28-2022 by L.L. No. 4-2022]
A.
For the purpose of expediting applications and reducing
design and development costs, the applicant may request a sketch plan
conference with the Zoning Board of Appeals 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 Zoning Board of Appeals, 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 Zoning Board of Appeals agenda and will not be reviewed by the Zoning Board of Appeals.
C.
The subdivider and the Zoning Board of Appeals 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 Zoning Board of Appeals shall additionally determine whether the
subdivision will be a major or minor subdivision according to these
regulations. The Zoning Board of Appeals 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.
[Amended 3-28-2022 by L.L. No. 4-2022]
A.
The subdivider shall submit to the Zoning Board of Appeals 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 Zoning Board of Appeals.
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 Zoning Board of Appeals at which the application is to be considered.
C.
The subdivider, or his duly authorized representative,
shall attend the meeting of the Zoning Board of Appeals to discuss
the proposed preliminary plat and compliance with these regulations
or any conditions noted during the sketch plan conference, where applicable.
Where the Zoning Board of Appeals 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 Zoning Board of Appeals 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 Zoning Board of Appeals 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 Zoning Board
of Appeals 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 Zoning Board
of Appeals 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 Zoning Board of
Appeals 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 Zoning Board of Appeals. The
time within which the Zoning Board of Appeals must take action on
such preliminary plat may be extended by mutual consent of the subdivider
and the Zoning Board of Appeals. When so approving a preliminary plat,
the Zoning Board of Appeals 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 Zoning Board of Appeals 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 Zoning Board of Appeals. Upon application for reinstatement of the preliminary plat, the Zoning Board of Appeals 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 Zoning Board of Appeals 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 Zoning
Board of Appeals 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.
[Amended 3-28-2022 by L.L. No. 4-2022]
A.
Within six months after the approval of the preliminary plat, the subdivider shall file with the Zoning Board of Appeals 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 Zoning Board of Appeals 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 Zoning Board of Appeals.
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 Zoning Board of Appeals deems to be in substantial agreement with a preliminary plat approved pursuant to § 210-11, the Zoning Board of Appeals 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 Zoning Board of Appeals.
F.
Final plats which are not in substantial agreement with approved preliminary plats. When a final plat is submitted which the Zoning Board of Appeals deems not to be in substantial agreement with a preliminary plat approved pursuant to § 210-11, the following shall apply:
(2)
The Zoning Board of Appeals 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 Zoning Board of Appeals 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
Zoning Board of Appeals. The period in which the Zoning Board of Appeals
must take action on such final plat may be extended by mutual consent
of the subdivider and the Zoning Board of Appeals.
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 Zoning Board of Appeals, 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 Zoning Board of Appeals 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 Zoning Board of Appeals 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 Zoning Board of Appeals 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 Zoning
Board of Appeals.
H.
Extension of time. The time in which the Zoning Board
of Appeals must take action on such plat may be extended by mutual
consent of the subdivider and the Zoning Board of Appeals.
I.
Approval by default. In the event that the Zoning
Board of Appeals 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 Zoning Board of Appeals, such
final plat shall be deemed approved. The certificate of the Town Clerk
as to the date of submission, and the failure of the Zoning Board
of Appeals 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 Zoning Board of Appeals 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 Zoning Board of Appeals.
(6)
The Town Engineer.
(7)
The Mattydale Fire Department.
(8)
The Hinsdale Fire Department.
(9)
The Lyncourt Fire Department.
(10)
The Liverpool Fire Department.
[Amended 3-28-2022 by L.L. No. 4-2022]
A.
Certification of plat. Upon resolution of conditional
approval of such final plat, the Zoning Board of Appeals 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
Zoning Board of Appeals 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 Zoning
Board of Appeals. 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 Zoning Board of Appeals 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.
[Amended 3-28-2022 by L.L. No. 4-2022]
In granting conditional or final approval of
a plat in final form, the Zoning Board of Appeals 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 Zoning Board of Appeals. 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 Zoning Board of Appeals.
[Amended 3-28-2022 by L.L. No. 4-2022]
The Zoning Board of Appeals 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.
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:
[Amended 3-28-2022 by L.L. No. 4-2022]
(1)
The signature of the duly authorized officer of the
Zoning Board of Appeals constituting final approval by the Zoning
Board of Appeals 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 Zoning Board
of Appeals 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.
[Amended 3-28-2022 by L.L. No. 4-2022]
The Zoning Board of Appeals 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.
[Amended 3-28-2022 by L.L. No. 4-2022]
No changes, erasures, modifications or revisions
shall be made in any subdivision plat after approval has been given
by the Zoning Board of Appeals and endorsed in writing on the plat,
unless the said plat is first resubmitted to the Zoning Board of Appeals
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 Zoning Board of
Appeals shall institute proceedings to have the plat stricken from
the records of the Onondaga County Clerk.
[Amended 3-28-2022 by L.L. No. 4-2022]
A.
Pursuant to the authority granted by the Town Board,
the Zoning Board of Appeals 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 Zoning Board of Appeals shall notify the Director of Planning
and Development when such plat is filed.
[Amended 3-28-2022 by L.L. No. 4-2022]
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 Zoning Board of Appeals to provide a written recommendation concerning the proposed variance.
[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.
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.
