A.
General description. The following is a list of key
considerations governing the subdivision of land.
(1)
Subdivisions. Subdivisions proposed for the Town of
Geneva will be considered either as major or minor subdivisions.
(2)
Resubdivisions. Any change to an existing plat is
considered a "resubdivision" and thus requires approval of the Planning
Board and may be deemed by the Planning Board as a major or minor
subdivision.
(3)
Surety. The Planning Board can require that appropriate
surety be posted to assure the project is constructed as designed
or to assure that conditions of approval are met.
(4)
Clustering. The Planning Board will consider any proposal
for a clustered project, but that Board reserves the right to require
clustering to protect environmentally sensitive areas or to preserve
open space.
(5)
Environmental quality review. All proposals require
appropriate environmental reviews in accordance with the state environmental
quality review procedures.
(6)
Subdivision phasing. Any development proposed to be constructed in phases must include an overall master site plan for the proposed development. The master site plan shall include a timeline for development of the site. The master site plan shall be subject to the requirements for major or minor subdivision preliminary site plat review, as applicable, and each phase/element shall be subject to the requirements for major or minor subdivision final plat review, as applicable. Additionally, the master site plan and the site plan for each individual phase of the subdivision, shall be subject to all provisions of Chapter 123 of the Code of the Town of Geneva.
[Added 8-9-2011 by L.L. No. 1-2011]
(7)
All proposals for both major and minor subdivisions shall be subject to review under this chapter and shall further be subject to review as site plans under Chapter 123 of the Code of the Town of Geneva.
[Added 8-9-2011 by L.L. No. 1-2011]
(8)
For both major and minor subdivisions, the approved, final site plan, whether approval is conditional or otherwise, of the subdivision shall be subject to all provisions of Chapter 123 of the Code of the Town of Geneva.
[Added 8-9-2011 by L.L. No. 1-2011]
(9)
If the Planning Board has given final subdivision approval to any subdivision prior to the date this subsection takes effect, and if the Planning Board has not also given final site plan approval to such subdivision, and if substantial construction of improvements for the subdivision as a whole (including but not limited to, roads, curbs, drainage systems, water systems, sewer systems and utility installations), if applicable, and substantial construction on one or more lots within the subdivision have not been completed within three years from the date the Planning Board issued its decision granting final subdivision approval, whether approval is conditional or otherwise, then site plan approval and a site plan permit shall be obtained, pursuant to Chapter 123 of the Code of the Town of Geneva, prior to the commencement of any work on the subject property.
[Added 8-9-2011 by L.L. No. 1-2011]
B.
General procedure. Minor subdivisions of land are
considered to be less complex projects and require a one-step process
for approval. Major subdivisions are considered complex divisions
of land and require a three-step process for approval.
C.
Subdivisions involving only the moving of a lot line.
[Added 8-13-2013 by L.L. No. 4-2013]
(1)
The regulations of this chapter setting forth the procedure for approval
of major and minor subdivisions shall not apply to any subdivision
whose sole purpose is to move a lot line between two adjacent parcels
and where:
(b)
The proposed subdivision is not subject to any other review under the Town of Geneva Zoning Law (Chapter 165); and
(c)
Both parcels shown on the proposed subdivision application and
all the buildings thereon meet all applicable Town regulations pertaining
to lot size, lot coverage, frontage, width, depth, area, setback,
use, and number of primary uses; and
(d)
If applicable, the lot line adjustment will not make either
parcel's well or septic system fall out of compliance with the
New York State Department of Health regulations pertaining to such
systems' distances from parcel boundaries.
(2)
Any applicant proposing a subdivision whose sole purpose is to move a lot line between two adjacent parcels and wanting to invoke this Subsection C must submit to the Town Code Enforcement Officer the following:
(a)
A subdivision map sealed and signed by a licensed surveyor reflecting
both existing and proposed parcel boundaries, existing buildings and
structures, wells for potable water, and septic system locations,
if any; and
(b)
A written purchase contract between the two parcel owners evidencing
that the portion of the parcel being subdivided will be conveyed following
the filing of the subdivision map.
(3)
The Code Enforcement Officer shall approve subdivisions involving only the moving of a lot line between two adjacent parcels that are in compliance with this Subsection C by signing the subdivision map(s) for filing with the County Clerk's office.
(4)
If, within 60 days of the date the Code Enforcement Officer signs the subdivision map, the approved subdivision map is not filed with the County Clerk's office and, within the same sixty-day period, the respective deed between the parcel owners evidencing transfer of title to the land that is the subject of the lot line adjustment is not recorded in the County Clerk's office, the approval of the subdivision pursuant to this Subsection C shall become null and void as though it had never been approved.
(5)
Any approval by the Code Enforcement Officer under this Subsection C shall contain a condition that the applicant who is acquiring additional land shall, within 60 days of the filing of the subdivision map in the County Clerk's office, combine or merge the existing parcel with the land to be acquired from the adjacent parcel so that there exists only one tax map for the revised parcel to which land is being added.
(6)
In the event that the Code Enforcement Office does not approve the lot line adjustment pursuant to this Subsection C, the subdivision application must be submitted to the Town of Geneva Planning Board for approval which shall follow the regulations and procedures of this chapter and shall have the option to waive procedures at its discretion.
D.
Subdivisions creating only one new one-family dwelling lot.
[Added 8-13-2013 by L.L. No. 4-2013]
(1)
The regulations of this chapter setting forth the procedure for approval
of major and minor subdivisions shall not apply to any subdivision
whose sole purpose is to create only one new one-family dwelling lot,
in addition to the remaining parent parcel, in an A Agriculture District,
an R-1 Residence District or an R-2 Residence District and where:
(b)
The proposed subdivision is not subject to any other review under the Town of Geneva Zoning Law (Chapter 165); and
(c)
Both parcels shown on the proposed subdivision application and
all the buildings thereon meet all applicable Town regulations pertaining
to lot size, lot coverage, frontage, width, depth, area, setback,
use, and number of primary uses; and
(d)
If applicable, the subdivision will not make either parcel's
well or septic system fall out of compliance with the New York State
Department of Health regulations pertaining to such systems'
distances from parcel boundaries.
(2)
Any applicant proposing a subdivision whose sole purpose is create only one new one-family dwelling lot and wanting to invoke this Subsection D must submit to the Town Code Enforcement Officer the following:
(a)
A subdivision map sealed and signed by a licensed surveyor reflecting
both existing and proposed parcel boundaries, existing buildings and
structures, wells for potable water, and septic system locations,
if any.
(3)
The Code Enforcement Officer shall approve subdivisions involving the creating of only one new one-family dwelling lot that are in compliance with this Subsection D by signing the subdivision map(s) for filing with the County Clerk's office.
(4)
If, within 60 days of the date the Code Enforcement Officer signs the subdivision map, the approved subdivision map is not filed with the County Clerk's office, the approval of the subdivision pursuant to this Subsection D shall become null and void as though it had never been approved.
(5)
In the event that the Code Enforcement Office does not approve the subdivision pursuant to this Subsection D, the subdivision application must be submitted to the Town of Geneva Planning Board for approval which shall follow the regulations and procedures of this chapter and shall have the option to waive procedures at its discretion.
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.
All applications for subdivision approval shall be
accompanied by a fee to be established by resolution of the Town Board.
This fee shall be used to cover part of the cost of the subdivision
review process, including such administrative costs as public hearing
notices, inspections, communications, etc.
B.
Whenever the Code Enforcement Officer, any other officer of the Town of Geneva or any board of the Town of Geneva shall determine that Chapter 136, Subdivision of Land, of the Code of the Town of Geneva shall be required to be complied with and/or enforced, the costs incurred by said officer, by the Town of Geneva Planning Board or by any officer of the Town of Geneva on behalf of the Town for consultation fees with engineers, attorneys or other professionals or costs incurred in enforcing or complying with this Code, including but not limited to the costs of meeting the requirements of Article 6 of the Environmental Conservation Law (SEQRA), shall be reimbursed by the real property owner before a building permit, certificate of occupancy or other permit may be issued. If the real property owner fails to fully reimburse such costs, then said reimbursement costs levied pursuant to this chapter shall constitute a lien and charge on the real property that was the subject of review until paid or otherwise satisfied or discharged; and, if the same are not paid within 30 days after they shall be deemed payable, they shall be collected and enforced in the same manner and at the same time as other Town taxes and charges are permitted to be collected.
[Added 7-12-2001 by L.L. No. 7-2001 amended; 6-11-2013 by L.L. No. 3-2013]
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[1]]
(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.
A.
Purpose. The purpose of the sketch plat review is
to provide the subdivider with an opportunity to consult early and
informally with the Planning Board in order to save time and money
and to come to agreement as to the most desirable design given the
site constraints and the development requirements of the town.
B.
Requirements.
(1)
Nine copies of a proposed sketch plat, a completed
application and a fee shall be submitted to the Chairperson of the
Planning Board within 14 days of a Planning Board meeting. 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 sketch plat shall comply with the specifications
of the Building Department.
C.
Procedures.
(1)
Completed application. Upon the receipt of an application
for a sketch plat review, the Secretary to the Planning Board shall
review the application submitted to determine whether it is complete
in accordance with the standards of this chapter. The Secretary shall
place the matter on the agenda of the next available Planning Board
meeting for discussion purposes. The Chairperson also will distribute
the sketch plat to the affected agencies, including the Engineer of
the town and the Building Department, for review and comment.
(2)
The Planning Board will review the sketch plat and
the comments from the agencies to which the plat was referred. The
Board then may refer the subdivider to appropriate officials or agencies
to resolve any issues of design or legal requirements of the respective
agencies.
(3)
Action on sketch plat. The Planning Board shall study
the sketch plat of a proposed subdivision in relation to existing
and potential development of the adjacent area, compliance with zoning,
environmentally sensitive areas and general development patterns of
the town. A decision will be made as to the desirability of the proposed
development and the appropriateness of the proposed design.
(4)
Notification of result. Not later than 62 days following
the receipt of a complete sketch plat, as certified by the Chairperson
to the Planning Board, the Planning Board shall convey a written report
to the subdivider. The report shall contain the Board's findings of
fact and its comments concerning the design of the proposed subdivision,
as well as any suggestions as to coordination with the design of adjacent
subdivisions or compliance with requirements of other affected public
agencies. Copies of minutes of the relevant meetings shall be considered
a sufficient written report.
[Amended 12-23-1997 by L.L. No. 5-1997]
(5)
Expiration of approval. Approval of a sketch plat application shall
expire six months from the date of approval if no application for
preliminary plat approval is submitted within such period. The applicant
may make a written request to the Planning Board for an extension
of this requirement. This period may be extended by the Planning Board
for up to two ninety-day periods at the discretion of the Planning
Board.
[Added 8-9-2011 by L.L. No. 1-2011]
A.
Purpose. This step provides detailed information about
the site so the Planning Board can make decisions about the design
of the project. Some important considerations include, but are not
limited to:
B.
Requirements.
(1)
Nine copies of the preliminary plat and construction
detail of proposed improvements, a completed application and a fee
shall be submitted to the Chairperson of the Planning Board within
14 days of a Planning Board meeting. This must occur within six months
of the date of the resolution approving the sketch plat. The Planning
Board may, by resolution, authorize an extension beyond the six-month
limit. The nine 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.
C.
Procedures for review and decision.
(1)
Completed application. Upon receipt of an application
for a preliminary plat review, the Chairperson to the Planning Board
shall review the application submitted to determine whether it is
complete in accordance with the standards of this chapter. The Chairperson
also will distribute the preliminary plat to the affected agencies,
including the Engineer of the town and the Building Department, for
review and comment. Accompanying the preliminary plat shall be all
documents showing construction details of proposed improvements, any
supporting materials or engineering reports and a completed environmental
review form.
(2)
Review of the preliminary plat is a two-step process
conducted in parallel and consisting of an environmental review and
a review conducted by the Planning Board.
(a)
Environmental review. The environmental review
is an information-gathering effort. The project is reviewed to determine
if any design modifications are needed to lessen potential adverse
impacts on the physical or natural environment. Unless overriding
circumstances exist, the Planning Board shall be the lead agency on
all subdivision proposals. The time periods for review which follow
shall be used in all instances with the Planning Board as lead agency;
should another agency be designated as lead agency, the procedures
of Town Law § 276, Subdivision 5(e), shall prevail.
[Amended 12-23-1997 by L.L. No. 5-1997]
(b)
The Planning Board will review the preliminary
plat and the comments from the agencies to which the plat was referred.
The Board then may refer the subdivider to appropriate officials or
agencies to resolve any issues of design or legal requirements of
the respective agencies.
(c)
Public hearing required. The Planning Board
will set an appropriate date for the public hearing.
[1]
The Planning Board will review the completed
application and the plat taking into account the comments of the affected
agencies. Receipt of the completed environmental review forms is a
condition of a completed application.
[2]
The time within which the public hearing must
be held shall be coordinated with any hearings which may be required
pursuant to the State Environmental Quality Review Act.
[Amended 12-23-1997 by L.L. No. 5-1997]
[a]
If the Planning Board determines
that the preparation of an environmental impact statement on the preliminary
plat is not required, the public hearing on such preliminary plat
shall be held within 62 days after the receipt of a completed preliminary
plat by the Clerk of the Planning Board.
[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 preliminary plat and 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 impact statement,
the public hearing on the preliminary plat shall be held within 62
days of filing the notice of completion.
[3]
Public hearing; notice, length. The hearing
on the preliminary 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 fourteen days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such a manner as it deems most appropriate for full public consideration
of such preliminary plat. The hearing on the preliminary plat shall
be closed upon the motion of the Planning Board within 120 days after
it has been opened.
[Amended 12-23-1997 by L.L. No. 5-1997]
(d)
Action on preliminary subdivision plat.
[Amended 12-23-1997 by L.L. No. 5-1997]
[1]
Decision. The Planning Board shall approve,
with or without modifications, or disapprove such preliminary plat
as follows:
[a]
If the Planning Board determines
that the preparation of an environmental impact statement on the preliminary
plat is not required such Board shall make its own decision within
62 days after the close 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 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 preliminary plat. Within 30 days of the filing such environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary
plat.
[2]
Grounds for decision. The grounds for decision
for a modification, if any, or the grounds for disapproval shall be
stated upon the records of the Planning Board. When so approving a
preliminary plat, the Planning Board shall state, in writing, any
modifications it deems necessary for submission for the plat in final
form.
[3]
Notification. Notification of action shall be
filed in the Town Clerk's office within five days working days of
the date of Planning Board action. In the case of disapproval of a
proposed plat, the Planning Board shall state its reasons for disapproval
in its minutes. A letter stating the reasons for denial shall be sent
by the Planning Board to the applicant. Failure of the Planning Board
to act within the required time period shall constitute approval.
The certificate of the Town Clerk as to the date of submission and/or
hearing and the failure to take action within such prescribed time
shall be issued on demand and shall be sufficient in lieu of written
approval. Notwithstanding these provisions, the time in which the
Board must take action may be extended by mutual consent.
[4]
Expiration of approval. Approval of a preliminary plat application
shall expire six months from the date of approval if no application
for final plat approval is submitted within such period. The applicant
may make a written request to the Planning Board for an extension
of this requirement. This period may be extended by the Planning Board
for up to two ninety-day periods at the discretion of the Planning
Board.
[Added 8-9-2011 by L.L. No. 1-2011]
A.
Purpose. This step provides for a refinement of information
submitted in the preliminary plat review procedure, submission of
additional information about site design and improvements. This information
permits the Planning Board, the Building Department and the Engineer
for the town to make decisions concerning the appropriateness of the
proposed subdivision. Some important considerations include, but are
not limited to:
(1)
Conditions of the preliminary plat approval.
(2)
Mitigating measures resulting from environmental review.
(3)
Offers of dedication.
(4)
Requirements of outside agencies.
(5)
Requirements to create or extend special districts.
(6)
Drainage considerations.
(7)
Monumentation of the proposed subdivision.
(8)
Water metering during construction.
(9)
Phasing of the proposed project.
(10)
Erosion and conservation measures.
(11)
Surety.
B.
Requirements.
(1)
Ten copies of the final plat and construction detail
of proposed improvements must be submitted within six months of the
date of the resolution approving the preliminary plat. The Planning
Board may, by resolution, authorize an extension beyond the six-month
limit.
(2)
Accompanying each of these copies of the final plat
and construction detail must be a final drainage report and applications
for the creation or extension of proposed special districts. A completed
application and a fee also must be submitted, together with these
to the Chairperson of the Planning Board, within 14 days of a Planning
Board meeting. 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)
Seven copies shall be used for necessary coordination
with and referral to other agencies and consultants.
(3)
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.
(4)
The final plat shall conform substantially to the
preliminary plat as approved by the Planning Board. It shall incorporate
any modifications or other features recommended by the Planning Board
at the preliminary plat stage, and all such compliances shall be clearly
indicated by the subdivider on the appropriate submission.
(5)
The final plat shall be clearly marked "final subdivision
plat" and shall satisfy the requirement for such plats as described
in the Building Department regulations.
(6)
If the subdivider wishes to develop the subdivision
in phases, a subdivision plat covering a portion of the area encompassed
by the preliminary plat must be submitted, provided that the proposed
development phases were generally indicated on the preliminary plat
approved by the Planning Board. However, no more than one individual
phase shall be in process or under construction at any one time.
C.
Procedures.
(1)
Completed application. Upon receipt of an application
for a final plat review, the Chairperson to the Planning Board shall
review the application submitted to determine whether it is complete
in accordance with the standards of this chapter. The Chairperson
also will distribute the final plat to the affected agencies, including
the Engineer for the town and the Building Department, for review
and comment. Accompanying the final plat shall be all documents showing
final construction details of proposed improvements and any supporting
materials and the final engineering reports.
(2)
The Chairperson to the Planning Board at this time
also shall process any requests for formation or extension of special
districts.
(3)
Procedure for review and approval of final major subdivision
plat.
[Amended 12-23-1997 by L.L. No. 5-1997]
(a)
Planning Board as lead agency; public hearing;
notice; decision.
[1]
Public hearing on final major subdivision plats.
The time within which the Planning Board shall hold a public hearing
on such final major 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 major 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 major subdivision plat as follows:
[a]
If the Planning Board determines
that the preparation of an environmental impact statement on the final
major 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
major 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 major
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 major 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 major 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
major 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.
(4)
Notification of action shall be filed in the Town
Clerk's office within five working days of the date of Planning Board
action. In the case of disapproval of a proposed plat, the Planning
Board shall state its reasons for denial in its minutes. A letter
stating the reasons for denial shall be sent by the Planning Board
to the applicant. Failure to act within the required time period shall
constitute approval. The certificate of the Town Clerk as to the date
of submission and/or hearing and the failure to take action within
such prescribed time shall be issued on demand and shall be sufficient
in lieu of written approval.
[Amended 8-9-2011 by L.L. No. 1-2011]
(5)
Conditional approval. Upon resolution of conditional
approval, 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. Conditional approval shall expire within
180 days after the date of the resolution granting conditional approval
unless all such requirements are completed. This period may be extended
by the Planning Board for up to two ninety-day periods beyond the
one-hundred-eighty-day initial period.
(6)
Subdivision approval expiration. 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.
[Added 8-9-2011 by L.L. No. 1-2011]
D.
Issuance of permits restricted.
(1)
No building permits shall be issued within the proposed
subdivision until the final plat has been signed by the duly authorized
officer of the Planning Board and filed with the County Clerk. Notification
of such filing also must be received by the Chairperson of the Planning
Board and by the Building Department prior to the issuance of permits.
When a certificate of occupancy is requested for a new building in
a subdivision prior to the completion of all improvements shown on
the approved subdivision plat, the utilities and streets serving the
building shall be completed to a degree satisfactory to the Engineer
of the town. The decision of the Engineer shall be based upon the
following considerations:
(a)
Adequate vehicular access for the prospective
occupant and emergency vehicles.
(b)
Services adequate or completed, including water
systems and an approved means to dispose of sanitary wastes.
(c)
Structure completed to the satisfaction of the
Code Enforcement Officer who shall utilize standards set forth in
the New York State Uniform Fire Prevention and Building Code.
(2)
Where such certificate of occupancy has been issued,
the streets and utilities proposed for dedication shall be maintained
in a suitable condition by the subdivider at his or her expense and
liability until such time as it is accepted by the town.
A.
Completion of improvements. The developer shall complete
all improvements in accordance with the approved final subdivision
plats. The quality of the improvements must be in accordance with
final subdivision plats. Their quality also must be acceptable to
the Engineer of the town, the Water Department, the Building Department
or any other agency having jurisdiction.
B.
Waiver. The Planning Board may waive, subject to appropriate
conditions and guaranties, for such period as it may determine, the
provision of any or all such improvements or processes as, in its
judgment of the special circumstances of a particular plat or plats,
are not requisite in the interest of the public health, safety and
general welfare or which in its judgment are inappropriate because
of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision.
C.
Certificates of subdivision completion. Upon completion
of improvements in accordance with the approved final subdivision
plat, an inspection shall be made of the project by municipal officials
who have jurisdiction over the various improvements installed. Upon
satisfactory review, a certificate of subdivision completion shall
be issued by the Building Department. Acceptance of offers of dedication
and release of final performance bond shall be prerequisites to the
issuance of the certificate.
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.
A.
Purpose. For the purpose of providing certain utilities
and services on an equitable basis and also to assure a means of ongoing
maintenance of those utilities and services, the Town of Geneva will
create or extend special districts. These districts shall be formed
in conformance to the provisions of New York State Town Law and as
also set forth in these regulations. The formation of these special
districts is accomplished to assure that only those who benefit from
the installation of those utilities and services are responsible for
paying for their installation and maintenance.
B.
Requirements.
(1)
Requirements to create or extend districts are set
forth in Article 12 of New York State Town Law.
(2)
Applications to create or extend a district must be
accompanied by the required fee, a metes and bounds description of
the district and a description of any easements or other information
required to form the type of district requested. One copy of any application
and accompanying materials, to be presented to a state agency whenever
necessary, is required as part of the process of obtaining final plat
approval.
C.
Procedures. an application for the formation of a
district is processed as follows:
(1)
Applications for state approval shall be submitted
to the Town Supervisor who will review and sign them and return them
to the developer for submission to the appropriate state agencies.
(2)
The Town Supervisor is responsible for taking the
following actions:
(a)
The documents shall be forwarded to the Engineer
for the town who will prepare the maps and plats for the creation
or extension of the district.
(b)
The Attorney for the town shall receive and
reviews all documents to assure that all provisions of Article 12
of the New York State Town Law and all other legal requirements are
met. If all matters are in compliance, the attorney for the town will
prepare:
(3)
Public hearing. Upon the receipt of a completed application
for the district and recommendation of the Attorney for the town,
the Town Board shall schedule and hold a public hearing on the proposed
district or extension of a district. The purpose of the public hearing
is to permit free and open discussion of the proposed district. Notice
of the public hearing shall be published in accordance with the provisions
of New York State Law. If the Town Board determines the proposal meets
all state and local requirements, the district shall be created or
extended by resolution of the Town Board.
(4)
Notification. Notification of the decision shall be
the responsibility of the Town Clerk and shall be performed in accordance
with all provisions of state law. Final documentation concerning the
creation or extension of the district shall become a part of the permanent
public record of the subdivision and distributed by the Town Clerk
accordingly.
