Whenever any subdivision of land is proposed, before any contract for
the sale of any part thereof and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the subdividing owner or his
authorized agent shall apply for and secure approval of such proposed subdivision
in accordance with the procedures set forth in this article.
A conceptual review meeting may be held between the Planning Board and
the applicant prior to the preparation and submission of a preliminary plat.
The conceptual review meeting shall be conducted at a regularly scheduled
meeting of the Town Planning Board but shall not be a public hearing. The
intent of such a meeting is to enable the applicant to inform the Planning
Board of his proposal prior to the preparation of a preliminary plat and for
the Planning Board to review the basic subdivision concept and advise the
applicant as to potential problems and concerns.
A.
Procedure. When filing an application for approval of
a subdivision layout, the subdivider shall prepare a sketch of the proposed
subdivision, indicating location of the property, the layout of existing and
proposed streets, subdivision lots, streams, bodies of water and watercourses,
lot sizes, zoning category, record owner and applicant, which shall be submitted
to the Planning Board with a request for consideration and advice. The applicant
shall notify the Planning Board Chairman or Secretary at least two weeks before
the meeting is to be placed on the agenda.
B.
Discussion items. At the conceptual review meeting with
the Planning Board, the subdivider shall be prepared to discuss the following
items:
(1)
The name of the proposed subdivision.
(2)
The proposed zoning use or uses.
(3)
The location of the premises with respect to existing
highways or nearby streets.
(4)
The number of acres in the entire proposed subdivision.
(5)
The topography of the premises.
(6)
The proposed location of any public or common area or
recreational site and proposed use, maintenance and ownership thereof.
(7)
The anticipated method of marketing lots; i.e. whether
the subdivider intends to build and sell homes or sell lots singly or in multiples
to prospective builders.
(8)
A general statement as to type of home to be erected
and value of the same.
(9)
If proposed layout covers only a portion of entire parcel
owned or controlled by subdivider, a plan for the street layout of the entire
parcel.
(10)
The source of water supply.
(11)
Provisions for stormwater and sanitary disposal.
(12)
Plans for the establishment of special improvement districts.
(13)
Nearby land uses and structures.
(14)
Contemplated and existing deed restrictions, if any.
(15)
All other matters pertinent to the proposed subdivision.
The Planning Board shall give guidance to the applicant or his agent regarding
requirements for submittal of the preliminary plat and modifications to the
plan which may be desired. The Planning Board may choose to refer the concept
plan to the County Planning Board or Town Engineer for review prior to making
recommendations to the applicant.
[Added 9-8-2005 by L.L. No. 3-2005]
In scheduling public hearings and review timeframes on all subdivision
plats, 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 set forth in Town Law § 276.
A.
Discussion of requirements and classifications.
(1)
Before preparing the preliminary plat, if a conceptual
review meeting is not held, the applicant shall discuss with the Planning
Board or its representative the requirements of land, street improvements,
drainage, sewerage, water, fire protection and similar aspects as well as
the availability of existing services. Classification of the proposed preliminary
plat is to be made at this time (whether it is a minor or major subdivision,
as defined in these regulations). The Board may require, however, when it
deems it necessary for protection of the public health, safety and welfare,
that a minor subdivision comply with all or some of the requirements specified
for major subdivisions in these regulations.
(2)
Minor subdivisions shall follow the same procedural requirements
as required for major subdivisions, except that preliminary and final approval
may be granted simultaneously. The plat shall include the information required
for both submittals, except where waived by the Planning Board.
B.
Application procedure. Prior to filing an application
for the approval of a final subdivision plat, the applicant shall file an
application for the approval of a preliminary plat. 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.
(3)
Be accompanied by 12 paper copies of the preliminary plat, as described in Article VI, § 113-17, of these regulations. Such copies shall be distributed to the County Health Department, all members of the Planning Board, Town Engineer, Town Highway Superintendent, Fire Marshal/Fire District, County Planning, Water District (assuming public water), State Department of Transportation (DOT) (if on state road) and the County Highway Department (if on county road).
(4)
Comply in all respects with Article IV of these regulations and with the provisions of §§ 276 and 277 of the Town Law, except where a modification may be specifically authorized by the Planning Board.
(5)
Be accompanied by a fee as set by the Town Board.
C.
Study of preliminary plat. The Planning Board will carefully
study the practicability of the preliminary plat, taking into consideration
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, sewerage disposal,
drainage, lot sizes and arrangement, the future development of adjoining lands,
the requirements of the Comprehensive Plan and the Official Map, as they may
be adopted, and other considerations of these regulations.
D.
Applicant to attend Planning Board meeting. 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.
E.
Action by Planning Board.
(1)
Within 62 days after the receipt of the preliminary plat
by the Clerk of the Planning Board, the Planning Board shall hold a public
hearing in accordance with § 276 of the Town Law.
[Amended 9-8-2005 by L.L. No. 3-2005]
(2)
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. Notwithstanding the
foregoing provisions, the time in which a Planning Board must take action
on such plat may be extended by mutual consent of the owner and the Planning
Board. When so 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 and a certified copy mailed
to the owner. Within six months of the approval of the preliminary plat, the
owner must submit the plat in final form. If such plat is not so submitted,
approval of the preliminary plat may be revoked by the Planning Board. In
the event that the Planning Board fails to take action on a preliminary plat
within the time prescribed, such plat shall be deemed granted preliminary
approval. The certificate of the Clerk of the Town as to the date of submission
and the failure to take action within such prescribed time shall be issued
on demand and shall be sufficient in lieu of written endorsement or other
evidence of approval herein required.
[Amended 9-8-2005 by L.L. No. 3-2005]
(3)
The Planning Board may waive further requirements of this article for one-lot subdivisions, provided that all required submissions have been made and that such an approval would not conflict with the intent of these regulations, Chapter 130, Zoning, the Comprehensive Plan and other state, Town or county regulations or policies.
A.
Application procedure. Within six months of approval
of the preliminary plat, the applicant shall file with the Planning Board
an application for final plat approval. The application shall:
(1)
Be made on forms provided by the Planning Board at the
time of approval of the preliminary plat.
(2)
Include the entire subdivision.
(3)
Be accompanied, for a minor subdivision, by 12 copies of the final plat and conform to Article VI, § 113-19, of these regulations. Such copies shall be distributed to the County Health Department, all members of the Planning Board, Town Engineer, Town Highway Superintendent, Fire Marshal/Fire District, County Planning, Water District (assuming public water), State DOT (if on state road) and the County Highway Department (if on county road).
(5)
Comply in all respects with the preliminary plat, as
approved.
(6)
Be presented to the Chairman of the Planning Board at
least two weeks prior to a regular meeting of the Board in order that a public
hearing, if required, may be scheduled and the required notice given.
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.
C.
Endorsement of State Health Department. The final plat
shall be properly endorsed by the State Health Department as meeting the standards
of the State Sanitary Code, Public Health Law or other applicable health code
before the Planning Board Chairman signs the final plat.
D.
County Official Map notification. The Planning Board
will also, if the county has established a County Official Map, notify the
Livingston 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 is otherwise directly related
to any county road, existing or proposed, as shown on the County Official
Map. The County Planning Board reports to the Planning Board within 30 days
on its approval or disapproval or on its approval subject to stated conditions
of the proposed subdivision plat. The plat may be approved by the Town subject
to stated conditions, notwithstanding such report, when the application of
such report will act to deprive the owner of the reasonable use of his land.
E.
Public hearing. Before the Planning Board acts on any
final plat, it shall hold a public hearing thereon within 62 days after the
time of official submittal date in accordance with § 276 of the
Town Law; provided, however, that when the Planning Board deems the final
plat to be in substantial agreement with the preliminary plat approved under
these regulations and modified in accordance with the requirements of such
approval, if such preliminary plat has been approved with modification, the
Planning Board may waive the requirement for the public hearing.
[Amended 9-8-2005 by L.L. No. 3-2005]
F.
Action on proposed subdivision plat. After careful study,
the Planning Board shall, within 62 days from the public hearing or, if no
public hearing is held, within 62 days of receipt of the final plat by the
Clerk of the Planning Board, conditionally approve, conditionally approve
with or without modification, disapprove or grant final approval of the final
plat. The grounds for disapproval of any plat shall be stated on the records
of the Planning Board. Upon resolution of conditional approval of such final
plat, the Planning Board shall empower a duly authorized officer to sign the
plat, subject to 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 owner, including a certified statement
of such requirements which when completed will authorize the signing of the
conditionally approved final plat. 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 within 180 days after the
date of the resolution granting conditional approval, unless such requirements
have been certified as completed. Notwithstanding the foregoing provisions
of these regulations, the time in which the Planning Board must take action
on the final plat may be extended by mutual consent of the applicant and the
Planning Board. In the event that the Planning Board fails to take action
on the final plat within the prescribed time, the plat shall be deemed approved
pursuant to § 276 of the Town Law. Prior to granting conditional
or final approval of a plat subdivided into two or more sections, the Board
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 duly authorized
officer of the Planning Board. Conditional or final approval of the sections
of a final plat, subject to any conditions imposed by the Board, shall be
granted concurrently with conditional or final approval of the plat.
[Amended 9-8-2005 by L.L. No. 3-2005]
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.
Signing of plat.
[Amended 9-8-2005 by L.L. No. 3-2005]
(1)
Every subdivision plat submitted to the Board for its
approval shall carry the following endorsement:
|
"Approved by resolution of the Planning Board of the Town of Avon, 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 ________________________."
|
(2)
In the absence of the Chairman or Secretary, the Acting
Chairman or Acting Secretary, respectively, may sign in his 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 or have access to or is otherwise related to roads or drainage systems
shown on the County Map, that such plat has been approved by the County Planning
Board in the manner specified by § 239-f of the General Municipal
Law.
A.
Improvements and performance bond/letter of credit. Prior
to an action by the Planning Board approving a major subdivision plat, the
applicant shall be required to complete, in accordance with the Planning Board's
decision and to the satisfaction of the appropriate Town department, all the
street, sanitary, and other improvements specified in the action approving
said plat or, as an alternative, to file with the Town Board a performance
bond or letter of credit in an amount estimated by the Town Engineer, with
the approval of the Town Attorney, to secure to the Town the satisfactory
construction and installation of the uncompleted portion of the required improvements.
A period of one year or such other period as the Planning Board may determine
appropriate, within which required improvements must be completed, shall be
specified by the Planning Board and expressed in the bond. Such performance
bond shall comply with the requirements of § 277 of the Town Law
and shall be satisfactory to the Town Board as to form, sufficiency and manner
of execution. The bond shall be retained for a period of one year after the
date of completion of the required improvements to assure their satisfactory
condition. 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 as well as those specified in the Town of Avon
Design Criteria and Construction Specifications:[1]
(1)
Streets and streetlighting facilities.
(2)
Street signs.
(3)
Curbs and gutters.
(4)
Grass curb strips.
(5)
Sidewalks.
(6)
Street shade trees.
(7)
Monuments.
(8)
Stormwater runoff system.
(9)
Sanitary sewage collection system.
(10)
Water supply system.
(11)
Park and recreation facilities.
(12)
Electrical, telephone and utility lines.
(13)
Planting and ground cover.
B.
Inspection of improvements. The Town shall employ an
inspector to act as agent to the Planning 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. The
applicant shall pay the Town costs of inspection before the subdivision plat
is signed for filing. 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 detail sheet,
the applicant and the bonding company will be severally and jointly liable
for the costs of completing said improvements according to specifications.
C.
Offers of cession and release.
(1)
The plat shall be endorsed with the necessary agreements
in connection with required easements or releases. Offers of cession to the
Town shall be presented prior to plat approval.
(2)
Formal offers of cession to the Town of all streets and
parks shall be filed with the Planning Board prior to plat approval. 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)
Before final approval of the subdivision plat, the Planning
Board will require a certificate of approval from the Town Attorney as to
the legal sufficiency of the offers of cession by the subdivider of the areas
for public use, such as parks, streets, playgrounds and other areas.
[Amended 9-8-2005 by L.L. No. 3-2005]
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 properly signed by
the appropriate officer of the Planning Board and may be filed by the applicant
in the office of the Livingston 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 unless the particular circumstances of the
applicant warrant the Planning Board to grant an extension, which shall not
exceed two additional periods of 90 days. The applicant shall provide the
Town Clerk with a copy of the plat certified by the Livingston County Clerk
as to being the true and certified copy of said plat on file in the county
office.
For a resubdivision, the same procedure, rules and regulations apply
as for a subdivision except, if the proposed resubdivision consists solely
of the simple alteration of lot lines, then normal subdivision procedure may
be waived at the discretion of the Planning Board.
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. If
the Planning Board determines that a suitable park or parks of adequate size
cannot be properly located in any such plat or is otherwise not practical,
the Board may require as a condition to approval of any such plat a payment
to the Town of a sum to be determined by the Town Board, which sum shall constitute
a trust fund to be used by the Town Board exclusively for neighborhood park,
playground or recreation purposes, including the acquisition of property.
The Planning Board may require the filing of a written agreement between the
applicant and the Town Board covering future title, dedication and provision
for the cost of grading, development, equipment and maintenance of any park
or playground area, as well as a written agreement covering the maintenance
and plowing of all streets within the subdivision until such time as they
are accepted for public maintenance by the Town Board.
