All related application forms are available
from the Building Department.
Preapplication conferences with the Chairperson
of the Planning Board and/or the Code Enforcement Officer are encouraged
and serve the following functions:
A. To review application requirements;
B. To identify any potential area of environmental concern;
C. To discuss preliminary design of the project;
D. To set a probable timetable for review; and
E. To review town policies concerning development.
All major subdivision proposals require a public
hearing before the Planning Board. Notice will be sent by the Secretary
to the Planning Board to all owners of property located within 500
feet of the parcel proposed for subdivision. The public hearing is
held to permit the public to learn details of the proposed subdivision.
Free and open discussion of the project and its impacts will be encouraged
during the hearing.
Plats for proposed subdivisions will be referred
to the Planning Board for review and recommendations. The Planning
Board will consider the probable environmental impacts of the proposed
subdivision. In most cases, the Planning Board will be the lead agency
for the purpose of making a significant determination pursuant to
SEQR.
All subdivisions are referred to all affected
local, state and federal agencies. Every subdivision plat must undergo
review by the Engineer for the town who will also ascertain that civil
engineering standards are met. All comments received from reviewing
agencies shall become a part of the permanent record of the project.
Timetables for decisions shall commence on the
date of the first Planning Board meeting subsequent to the filing
of a completed application.
The Chairperson of the Planning Board shall,
where required by § 239-n of the General Municipal Law,
or as may be requested by resolution of the Planning Board, submit
the plat to the County Planning Board for review and recommendation.
No final decision will be rendered prior to the receipt of such recommendation
when the plat is referred pursuant to § 239-n.
If, during the course of review, a plat is determined
not to be in compliance with town zoning standards, review of the
plat will be tabled and the matter referred to the Zoning Board of
Appeals for resolution.
A minor subdivision plat shall be prepared and
submitted to the Planning Board for all proposed minor subdivisions.
The requirements and procedures of this process are as follows:
A. Requirements.
(1) Nine copies of the minor subdivision plat, a completed
application and a fee shall be submitted to the Chairperson of the
Planning Board. Copies will be used for the following purposes:
(a)
One copy shall be returned to the subdivider
with notification of decision.
(b)
One copy shall be retained by the Planning Board.
(c)
One copy shall be retained by the Building Department.
(d)
Six copies shall be used for necessary coordination
with and referral to other agencies and consultants.
(2) Additional copies may be required to be submitted
to the Chairperson of the Planning Board who may determine that other
officials, agencies or consultants need to be informed about the project.
(3) The minor subdivision plat shall comply with the requirements
set forth by the Building Department of the Town of Geneva. This document
is available from the Town Clerk of the Town of Geneva.
B. Procedures for review and approval.
[Amended 12-23-1997 by L.L. No. 5-1997]
(1) Completed application. Upon the receipt of an application
for a minor subdivision, the Chairperson of the Planning Board shall
review the application submitted to determine whether it is complete
in accordance with the standards of this chapter. The Chairperson
shall place the matter on the agenda of the next available Planning
Board meeting for discussion purposes. The Chairperson also may distribute
the plat to affected agencies, including the Engineer for the town
and the Building Department, for review and comment.
(2) Before the Planning Board takes any other action on an application submitted as a minor subdivision, the Planning Board shall make a determination, based on the factors set forth in the definition of "Subdivision, Minor" in §
136-9 of this chapter, whether the application shall proceed under the process in this chapter for reviewing and approving a minor subdivision or under the process in this chapter for reviewing and approving a major subdivision.
[Added 8-9-2011 by L.L. No. 1-2011]
(3) A final minor subdivision plat shall not be considered
complete until a negative declaration has been filed or until a notice
of completion of the draft environmental impact statement has been
filed in accordance with the provisions of the of the State Environmental
Quality Review Act. The time periods for review of such plat shall
begin upon the filing of such negative declaration of such notice
of completion.
(4) Procedure for review and approval of minor subdivision
plat.
(a)
Planning Board as lead agency; public hearing;
notice; decision.
[1]
Public hearing on final minor subdivision plats.
The time within which the Planning Board shall hold a public hearing
on such final minor subdivision plat shall be coordinated with any
hearings the Planning Board may schedule pursuant to the State Environmental
Quality Review Act, as follows:
[a] If the Planning Board determines
that the preparation of an environmental impact statement is not required,
the public hearing shall be held within 62 days after the receipt
of a complete final plat by the Clerk of the Planning Board; or
[b] If the Planning Board determines
that an environmental impact statement is required, and a public hearing
on the draft environmental impact statement is held, the public hearing
on the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental statement, the public hearing on
the final plat shall be held within 62 days following filing of the
notice of completion.
[2]
Public hearing; notice; length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the town at least five days before such
a hearing, if no hearing is held on the draft environmental impact
statement, or 14 days before a hearing held jointly therewith. 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 minor subdivision plat. The hearing on the final plat
shall be closed upon motion of the Planning Board within 120 days
after it has been opened.
[3]
Decision. The Planning Board shall make its
decision on the final minor subdivision plat as follows:
[a] If the Planning Board determines
that the preparation of an environmental impact statement on the final
minor subdivision plat is not required, 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; or
[b] If the Planning Board determines
that an environmental impact statement is required and a public hearing
is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of such public hearing in accordance with the provisions of the State
Environmental Quality Review Act. If no public hearing is held on
the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the final plat. Within 30 days of the filing
of the final environmental impact statement, the Planning Board shall
issue findings on such final environmental impact statement and shall,
by resolution, conditionally approve, with or without modification,
disapprove or grant final approval and authorize the signing of such
plat.
[4]
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
(b)
Planning Board not as lead agency; public hearing;
notice; decision.
[1]
Public hearing. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the final
minor subdivision plat jointly with the lead agency's hearing on the
draft environmental impact statement. Failing such agreement or if
no public hearing is held on the draft environmental impact statement,
the Planning Board shall hold the public hearing on the final minor
subdivision plat within 62 days after the receipt of a complete final
plat by the Clerk of the Planning Board.
[2]
Public hearing; notice; length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the town at least five days before such
hearing, if held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
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. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
[3]
Decision. The Planning Board shall, by resolution,
conditionally approve, with or without modification, disapprove or
grant final approval and authorize the signing of such plat as follows:
[a] If the preparation of an environmental
impact statement on the final minor subdivision plat is not required,
the Planning Board shall make its decision within 62 days after the
close of the public hearing on the final plat.
[b] If the preparation of an environmental
impact statement is required, the Planning Board shall make its own
findings and its decision on the final minor subdivision plat within
62 days after the close of the public hearing on such final plat or
within 62 days after the close of the public hearing on such final
minor subdivision plat or within 30 days after the adoption of findings
by the lead agency, whichever period is longer. The grounds for a
modification, if any, or the grounds for disapproval shall be stated
upon the records of the Planning Board.
(5) Approval and certification of final minor subdivision
plat.
(a)
Within five business days of the adoption of
the resolution granting conditional or final approval of the final
minor subdivision plat, such plat shall be certified by the authorized
officer of the Planning Board as having been granted conditional or
final approval, and a copy of such resolution and plat shall be filed
in both the office of the Clerk of the Planning Board and the Town
Clerk. A copy of the resolution shall be mailed to the owner. In the
case of a conditionally approved plat, such resolution shall include
a statement of the requirements which, when completed, will authorize
the signing thereof. Upon completion of such requirements, the plat
shall be signed by the duly authorized officer of the Planning Board,
and a copy of such signed plat shall be filed in the office of the
Clerk of the Planning Board.
(b)
Conditional approval. Conditional approval of
the final minor subdivision plat shall expire within 180 days after
the date of the resolution granting conditional approval unless all
such requirements stated in the resolution granting conditional approval
have been certified as being completed. This period may be extended
by the Planning Board for up to two additional ninety-day periods
beyond the 180 days.
(6) Default approval of minor subdivision plat. The time
periods prescribed herein within which the Planning Board must take
action on a minor subdivision plat are specifically intended to provide
the Planning Board and the public adequate time for review and to
minimize delays in the processing of subdivision applications. Such
periods may be extended only by mutual consent of the owner and the
Planning Board. In the event that the Planning Board fails to take
action on a minor subdivision plat within the time prescribed therefor
after completion of all requirements under the Environmental Quality
Review Act, or within such extended period as may have been established
as provided above, such minor subdivision plat shall be deemed granted
approval. The certificate of the Town Clerk as to the date of submission
of the minor subdivision plat and the failure of the Planning Board
to take action within the prescribed time shall be issued upon demand
and shall be sufficient in lieu of written endorsement or other evidence
of approval herein required.
(7) Expiration of approval. An approved plat shall be
filed in the Ontario County Clerk's office within 62 days from the
date of signature of the duly authorized officer of the Planning Board
or certification of no action by the Planning Board. Failure to file
the plat within this period shall constitute expiration of approval.
(8) Issuance of permits restricted. No site improvements
within the subdivision shall be installed until the plat has received
final approval by the Planning Board and surety has been posted pursuant
to this chapter. No building permits shall be issued within the proposed
subdivision until the plat has been filed in the Ontario County Clerk's
office and notification of the filing has been received by the Chairperson
of the Planning Board and the Building Department.
Major subdivisions are a three-step process
consisting of a sketch plat, a preliminary site plat approval process
and the final approval of the plat proposed for subdivision as follows:
A. A "sketch plat" is a concept plat which has limited
information about the proposed subdivision and is used for discussion
purposes.
B. A "preliminary site plat" is a subdivision map which
is a more detailed refinement of the plats and is considered the major
design phase of the project.
C. A "final subdivision plat" is a refinement of the
project into its final acceptable form.
The provisions of this section are administered
as provided in § 277 of the Town Law of the New York State
statutes.
A. Purpose. For the purpose of ensuring compliance with
proper installation of facilities and utilities being offered for
dedication and to protect future property owners, the town requires
a letter of credit or other acceptable surety to be filed with the
town prior to commencement of construction of the facilities.
B. Approval of plats. After final approval of the subdivision
plats, the developer will offer a proposed surety which indicates
the estimated costs of facilities which will be offered for dedication
or other such improvements required by the Planning Board. The Planning
Board will review this proposed surety and, after seeking the advice
of the Engineer for the town, Attorney for the town or other appropriate
officials, shall submit a recommendation to the Town Board. The Town
Board may, by resolution, accept or reject the proposed value.
C. Approval of surety. When the Town Board is satisfied
with the form and value of the proposed surety and is in receipt of
the surety documents, the Town Board, by resolution, will accept the
surety and submit it to the Town Clerk who is charged with authorizing
releases on behalf of the Town Board. The Town Clerk will authorize
releases from the surety only after receiving instructions from the
Town Board regarding the amount of the release, the date and the parties
who will be named in the release.
D. Inspections. All improvements covered under a performance
surety must be inspected during construction. Costs of the required
inspections may be estimated by the Engineer for the town and shall
be born by the developer and will be included in the initial value
of the surety.
(1) The inspection procedure is designed to determine
compliance with the approved plats.
(2) For inspections purposes, the contractor will notify
the town when construction will be undertaken on proposed improvements.
Reasonable notice is required. Normally, 24 hours' notice is considered
to be reasonable.
(3) Inspections are the responsibility of the Engineer
for the town or a designee of the Planning Board. Subcontracting of
inspections on behalf of the Engineer for the town may be done only
with the prior approval of the Town Board. Should the inspector find
improvements are not being installed in compliance with approved plats,
the Building Department shall immediately be notified. The Building
Department will take all necessary and proper steps to rectify the
situation.
E. The process for release of surety will be initiated
when a request is made by the contractor for partial or total release
and is submitted to the Town Board for approval. The request will
be submitted to the Engineer for the town who shall compare the request
with the inspection record. The Engineer's determination will be forwarded
to the Town Board with a recommendation for action. At that time,
the Town Board will decide, by resolution, whether to honor the request
and will determine the dollar value of the release. The Town Clerk
will be instructed to issue the release in the amount determined by
the Town Board.
F. Upon completion of improvements, the Planning Board
may honor a request for final release of funds.
(1) This process begins when the developer submits a request
for release to the Town Board. Inspection by town officials of the
improvements is required to assure improvements have been properly
accomplished. A report of this inspection is submitted to the Planning
Board which will make recommendations concerning release to the Town
Board.
(2) The Town Board will decide whether to accept dedication.
If a road is offered for dedication, the Highway Superintendent will
decide whether to accept dedication. Upon acceptance of dedication,
the Town Board will require a retainage fee. The Town Board will then
release the developer from the former surety.
(3) In cases of unusually large developments or in cases
of where several contractors are involved in the construction of the
project or other extraordinary circumstances, phased releases may
be requested by the developer. The Town Board has the right to specify
the manner of issuing the releases and to whom the releases are issued.
G. All releases under surety are subject to retainage.
Each time release occurs under a surety, 10% of the amount of the
release is retained in the letter of credit until the facilities are
dedicated. Upon dedication, the entire amount of the letter of credit
will be released upon the filing of a suitable form of performance
surety in the amount of 10% of the actual construction costs incurred.
The surety shall be held for a period of one year following dedication
to assure correction of any work that may be found to be defective.
H. Surety can be waived in instances where the subdivider
installs all improvements prior to the final plat being signed by
a duly authorized officer of the town.