A.
The basic procedures, as summarized hereafter, are
those as outlined in the various aspects of Town Law, specifically,
but not limited to, Town Law §§ 261-b, 271, 274-a,
276, 277, 278, 279, 280, 281 and 283-a. The applicant or designated
representatives should be aware of the approval process as outlined
in the various sections of the Town Law or as modified herein.
B.
Town approval of any subdivision shall be evidenced
by a final plat containing all the required signatures, filed in the
Ontario County Clerk's Office. This approval shall be a prerequisite
to the issuance of any building permit or certificate of occupancy
for the use of any land. Such approval shall hereafter be initiated
and processed in accordance with the following basic procedure.
C.
The Town of East Bloomfield has a three-step approval
process which includes sketch, preliminary and final. All plans submitted
to the town shall be clearly marked for the requested action by the
Planning Board, and failure to submit a complete package of information
will be cause for rejection by the Planning Board. The developer may,
prior to the formal approval process, file a concept plan with the
Planning Board representative, which shall be discussed by the Planning
Board with the developer at the next available meeting for purposes
of classification, initial discussion concerning the layout, availability
of utilities, services and responsibilities. No formal action will
be taken by the Board for a concept discussion, and this process is
not required by the town.
D.
An application for sketch plan approval shall be submitted
to the Planning Board representative. The project will be discussed
at the next Planning Board meeting following a minimum of 14 calendar
days after submittal of a complete application.
E.
After the applicant has received sketch plan approval
from the Planning Board, the applicant may submit a formal application
for preliminary plan approval and request a public hearing on the
preliminary plat after all required documents have been submitted
to the Board. Concurrent with or preceding the preliminary phase of
the approval process, the applicant must comply with the requirements
of the New York State Environmental Quality Review Act (SEQR).
F.
Once an application has received preliminary approval,
the applicant may make application for final approval through a complete
submittal to the Planning Board representative.
H.
Whenever a public hearing is required on an application
for a major or minor subdivision, the applicant shall be required
to erect a sign giving notice of such public hearing, which sign shall
be prominently displayed on the premises, facing a public street or
road on which the property abuts. The sign shall be furnished to the
applicant for this purpose by the Town. Said sign shall be displayed
for a period of not less than 10 days immediately preceding the public
hearing or any adjournment date thereof. The applicant shall file
an affidavit with the Planning Board at or prior to the public hearing,
stating that he or she has complied with the provisions of this section.
[Added 9-12-2005 by L.L. No. 4-2005]
A.
The developer shall obtain copies of this chapter
and application forms from the Planning Board representative. Thirteen
complete application packages, including necessary fees, shall be
submitted to the Planning Board representative who shall distribute
them to the Town Clerk, the Planning Board, town department heads
and consultants and the East Bloomfield Fire Department, retaining
a copy for the Planning Board file. At the next Planning Board meeting
occurring more than 14 calendar days after such application, the Planning
Board shall receive comments, questions and recommendations from the
town's advisory staff. The Planning Board shall discuss with the developer
the classification of the proposed project and questions and comments
for further consideration.
B.
Should the Planning Board determine during its review
of a sketch plan that a variance will be required, the applicant will
be referred to the Zoning Board of Appeals (ZBA). Should the variance
require SEQR action, the ZBA may choose to be designated as lead agency.
A.
Upon classification of the proposed subdivision as
a minor subdivision, the developer may prepare and file an application
for the approval of the preliminary final plat with the Planning Board
representative following sketch plan approval. For minor subdivisions,
the preliminary and final approval may be obtained at one planning
meeting if all submittals are complete, including all necessary fees.
The developer shall submit 13 copies for distribution by the Planning
Board representative.
B.
The plat shall be prepared and certified as accurate
by a licensed professional, in accordance with the requirements of
this chapter and any conditions imposed by the Planning Board in sketch
plan approval. The application shall be scheduled and advertised for
public hearing within such time as specified in Town Law § 276.
The notice of the hearing shall be published at least once in a newspaper
of general circulation in the town at least five calendar days prior
to the hearing date. At the hearing, all interested parties shall
be given the opportunity to be heard.[1]
C.
The Planning Board, in rendering its decision, shall
comply with the provisions set forth in Town Law, Article 16, § 276,
as amended, and provisions of the State Environmental Quality Review
Act (SEQR), Article 8, and its implementing regulations as codified
in 6 NYCRR 617, as amended.
A.
Upon classification of the proposed subdivision as
a major subdivision, the developer shall prepare and submit a complete
application with 13 copies of the proposed preliminary plan containing
information as outlined in this chapter to the Planning Board representative
for distribution.
B.
The Planning Board representative shall distribute
them to the Town Clerk, the Planning Board members, town department
heads and consultants and, if necessary, the Ontario County Planning
Agency pursuant to § 239-n of the General Municipal Law.
C.
The application shall be scheduled and advertised
for a public hearing within such time as specified in Town Law § 276,
after receipt of the complete application with by the Planning Board
representative. A notice of the public hearing shall be published
at least five days prior to the meeting in a newspaper of general
circulation in the town. At the hearing, all interested parties shall
be given the opportunity to be heard. If verbatim minutes of the public
hearing are requested by the developer or an aggrieved property owner,
the cost of such minutes shall be borne by the requester.[1]
D.
The Planning Board shall receive comments, questions
and recommendations on the proposed preliminary plan and shall discuss
such with the developer.
E.
The Planning Board, in rendering its decision, shall
comply with the provisions set forth in Town Law, Article 16, § 276,
as amended, and provisions of the State Environmental Quality Review
Act (SEQR), Article 8, and its implementing regulations as codified
in 6 NYCRR 617, as amended. The Planning Board may waive, when reasonable,
any requirements or improvements. Any such waiver, which shall be
subject to appropriate conditions, may be exercised in the event that
any such requirements or improvements are found not to be requisite
in the interest of the public health, safety and general welfare or
inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the subdivision.
A.
Within the period contained in the resolution approving
the preliminary plan of the subdivision, the developer may construct
all of the improvements required to serve the subdivision, including
streets, water, sanitary and drainage utilities, trees, sidewalks,
monuments and other improvements shown on the preliminary plan or
required by the Planning Board's approval, provided that the plan
has received final approval of the Town Engineer and town department
heads before construction begins.
B.
Upon the completion of improvements, the final plat
shall be prepared in accordance with this chapter, together with record
engineering drawings prepared by the developer's engineer certifying
the location and installation of such improvements. Bills of sale
to all utilities, tender of dedications and deeds to all streets and
easements shall be submitted to the Planning Board representative.
If the plan and improvements do not comply with town regulations,
the Planning Board will reject the plan until the necessary changes
are made to allow the plan and/or improvements to comply with town
regulations.
C.
If the Board deems the final plat to be in substantial
agreement with the approved preliminary plan, it may waive public
hearing on the final plat and it must act on the final plat within
such time as specified in Town Law § 276, unless such time
limit is extended by mutual consent of the applicant and the Planning
Board. Otherwise, the Planning Board shall hold a public hearing with
respect to such final plat within such time as specified in Town Law
§ 276, which hearing shall be advertised in a newspaper
of general circulation in the town at least five calendar days before
such hearing. The final plat must include the approvals of all agencies
prior to being considered for final approval by the Town Planning
Board.[1]
A.
The applicant shall submit a complete application and 13 copies to the Planning Board representative for final approval following preliminary approval. The procedure for final approval is parallel to the process for preliminary approval as outlined in § 86-8, except that the Planning Board may waive the public hearing at its discretion.
B.
The Planning Board may, in acting on a final plat,
make its approval subject to specific conditions set forth by the
approval resolution and the plat may not be filed with the County
Clerk, but must await the signature of the Planning Board Chairman
which shall be affixed only after the foregoing conditions have been
met to the Board's satisfaction. The developer shall have 180 calendar
days to meet the conditions, extendable by the Board up to two additional
90 calendar day periods if in the Board's opinion particular circumstances
warrant such extension.
Once the Planning Board has granted final approval
and before the final signatures are placed on the plat, the developer
shall enter into an agreement with the Town Board for the subsequent
completion of the platted improvements. The developer shall submit
with the tender of dedication and deeds to all streets, easements
and an irrevocable letter of credit so as to assure the proper and
timely completion of the required improvements.
The subdivider shall tender offers of cession
in a form certified as satisfactory by the Town Attorney of all land
included in streets, highways or parks not specifically reserved by
him. Approval of a plan by the Planning Board shall not constitute
an acceptance by the Town Board of the dedication of any street, highway,
utility, park or other public open space.
Building permits shall not be granted until:
A.
An approved subdivision plan is filed in the office
of the Ontario County Clerk.
B.
Drainage improvements are completed as shown on such
plan and certified by the design engineer to the Town Building Department.
C.
Easements effecting the development of a parcel are
filed in the office of the Ontario County Clerk and notification of
such is received by the town.
A.
A letter of credit furnished for the installation
of the required improvements shall be in the amount fixed by the resolution
of the Planning Board and shall be approved by the Town Board as to
form, sufficiency and manner of execution. The letter of credit shall
be issued in favor of the Town of East Bloomfield and shall assure
the complete installation of the required improvements within such
period, not longer than three years, as shall be fixed by the Planning
Board. The letter of credit shall be issued to the town for an initial
minimum period of one year.
B.
The following guarantees will be required for the
development in the town.
(1)
Letter of credit.
(a)
An irrevocable letter of credit shall be submitted
by the developer to ensure the installation of improvements in an
amount estimated by the developer's engineer and approved by the Town
Board.
(b)
The amount shall include but not be limited
to the following items (see Appendix A for typical format[1]):
[1]
Total estimated construction cost of all utilities,
laterals, water services, roads, gutters, earthwork, etc.
[2]
Minimum 10% contingency factor.
[3]
Engineering and construction observation charges,
which will be a minimum of 5% based on the project complexity and
construction schedule.
[4]
Street signs and surveyor's monuments.
[5]
Maps.
[6]
Record drawings of installed facilities.
[1]
Editor's Note: Appendix A is located at the
end of this chapter.
(2)
Maintenance bond.
(a)
Upon completion of the construction and as a
condition of dedication to the town, a maintenance bond shall be provided
by the developer guaranteeing the total value of the project against
faulty workmanship or materials for a period of two years following
the acceptance date by the town. Individual portions of the project,
i.e., sanitary system and water system, can be bonded with their individual
acceptances by the town.
(b)
A maintenance bond for the pavement, gutters
and/or sidewalks will not be accepted until the entire project is
ready for dedication.
(3)
Builder's guaranty.
(a)
At the time of application for a building permit,
the town requires a minimum escrow deposit in the form of a certified
check in the amount specified in the town fee schedule.[2] Upon completion of structures and prior to issuance of
the certificate of occupancy, the Building Inspector shall determine
that all on-site improvements listed below have been satisfactorily
completed, after which the deposit shall be returned.
[1]
Driveway culverts are properly installed.
[2]
Finished grade of the lot ensures proper drainage.
[3]
Rear and side lot swales are installed and properly
graded.
[4]
Sump pump drains and splash blocks are properly
installed.
[5]
Road surface and gutters are cleaned and free
from debris.
[6]
Curb boxes and/or cleanouts are cleaned and
free from debris.
[7]
Property markers have been installed at all
lot corners.
[8]
Water service and sewer laterals are properly
installed.
[9]
Pressure regulators and check valves or backflow
prevention devices are properly installed. Residential properties
shall have check valves and industrial properties shall have backflow
preventative devices regulated by the New York State Sanitary Code
(Subpart 5.1.31) and AWWA Specification C-506.
[2]
Editor's Note: The fee schedule is on file
in the town offices.
(b)
If all on-site improvements are complete but
landscaping is incomplete, the certificate of occupancy may be issued,
but the escrow moneys will be retained until final landscaping is
complete and an adequate catch of grass has grown to satisfaction
of the Building Inspector, where after the escrow shall be released
to the applicant.
A.
The approval by the Planning Board of a plat showing
lots, blocks or sites, with or without streets or highways; or the
approval by the Board of the development of a plat or plats already
on file in the office of the Ontario County Clerk; or the certificate
of the East Bloomfield Town Clerk as to date of submission for which
no hearing was duly held; or the date of the hearing for the approval
or disapproval of such plat, as the case may be; and the failure of
the Planning Board to take action thereon within the time prescribed,
shall expire 62 calendar days from the date of the signing of the
plan by the Planning Board or of such certificate, unless, within
such sixty-two-calendar-day period, such plat or a section thereof
shall have been duly filed or recorded by the owner in the office
of the Ontario County Clerk.
B.
If the owner shall file only a section of an approved
plat, within such sixty-two-calendar-day period, 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 the Town Law. In the event that the owner shall file only a section
of such approved plat in the office of the Ontario County Clerk, the
entire approved plat shall be filed within 30 calendar days of the
filing of such section with the East Bloomfield Town Clerk.
A.
Between the interval of preliminary and final approvals
of the subdivision plat, the developer shall petition the Town Board
for the creation of the districts or extensions as necessary for a
given development. They may include districts or extensions which
could be necessary for sanitary sewers, water mains, stormwater disposal,
sidewalks, lighting or any particular creation for a specific development.
B.
In order to preserve the continuity and format of
the application of the districts to the various governing authorities,
the Town Attorney and Town Engineer shall review the necessary documents
and maps, and the Town Clerk will be responsible for publication and
filing requirements. All costs for the formation of these districts
shall be paid for by the developer to the town within 30 calendar
days of its receipt of a bill thereof.
C.
Required improvement districts must be extended or
created by the Town Board before the signature of the official of
the Planning Board may be affixed to the approved subdivision plan.
All site plans will require Planning Board approval
and they must be prepared in accordance with this chapter, except
that items relating to boundary data may be omitted if the parcel
designation has previously been filed with the County Clerk's office
(see Site Plan Review Process Flow Chart[1]). Site plans shall also comply with provisions set forth
in Town Law, Article 16, § 274-a, as amended.
[1]
Editor's Note: Site Plan Review Process Flow
Chart is located, as an appendices, at the end of this chapter.
A.
All proposed easements must be submitted to the Town
Clerk's office with map, description, easement form, transfer gains
affidavit and filing fees. The complete package will be submitted
to the Town Attorney for review.
B.
Once approved the easement will be filed in the Ontario
County Clerk's office by the Town of East Bloomfield and proof of
such retained on file with the Town Clerk.
Before any construction begins on a subdivision
or facilities to be dedicated to the town, a preconstruction meeting
must be held to address the plans and intended improvements. The installation
of improvements and development of any land shall be subject to construction
observation at all stages by representatives of the town. For such
purposes, free access shall be accorded and requested information
shall be promptly submitted. All costs of construction observation,
including testing of materials, shall be paid for solely by the developer.
A sufficient sum shall be provided by the developer in either the
letter of credit or cash for the project observation costs.
All cost of professional services utilized by
the town during the review process shall be borne by the applicant.
A.
Letters of credit. The procedure required for the
release of funds is as follows:
(1)
Submission of periodic construction estimates by the
contractor to the developer and the design engineer.
(2)
The site shall be reviewed by the town's and developer's
agents to review the comparison of the work complete to the monetary
value of the requested release of funds.
(4)
The Town Engineer shall then submit the proposed estimate
to the town's fiscal officer for the final authorization of release
of funds from the letter of credit. Approval by the town officials
for authorized periodic payments is not to be construed as acceptance
of the work completed to date.
(5)
Partial release from the letter of credit may be granted
by the Town Board as individual components of the subdivision development
are completed. This shall not be construed as final acceptance of
the work by the town. If the required improvements are not completely
installed within the period fixed or extended by the Planning Board,
the Town Board may declare the letter of credit in default and collect
the amount payable thereunder. Upon receipt of such amount, the town
shall cause to install such improvements as were covered by the letter
and as commensurate with the extent of building development that has
taken place in the subdivision, not exceeding in cost, however, the
amount collected upon the letter of credit.
B.
Release of retainage. Retainage release shall be considered
by the Town Board after the systems have been tested and found acceptable
by the town's representatives.
C.
Release of maintenance bond. Release of a maintenance
bond shall be authorized, in writing, by the town's fiscal officer
upon final review of the project site by town authorities. This review
will be completed at least one month before the expiration of the
bond.
The regulations contained in these specifications
for the design and construction of land development shall apply to
all public works improvements within the Town of East Bloomfield.
