Whenever any subdivision of land is proposed
to be made, and before any contract for the sale of, or any offer
to sell, any lots in such subdivision or any part thereof is made,
and before any permit for the erection of a structure in such proposed
subdivision shall be granted, and prior to the issuance of any building
permit by the Town Code Enforcement Officer, the subdivider or his
duly authorized agent shall apply in writing for and receive final
plat approval of such proposed subdivision in accordance with the
procedures contained in these regulations.
[Added 2-13-2006 by L.L. No. 1-2006]
A.
Exemption. A lot line adjustment shall not be considered
a subdivision and is therefore exempt from the procedural requirements
otherwise imposed upon a subdivision. A lot line adjustment, however,
must be determined to be exempt by the Code Enforcement Officer based
upon the lot line adjustment criteria set forth herein.
B.
C.
Application process.
(1)
An application for a lot line adjustment exemption
shall be submitted to the Code Enforcement Officer and be in a form
prescribed by the Town Board.
(2)
The fee for such application shall be set by
resolution of the Town Board.
(3)
The application shall contain:
(a)
The name, address and telephone number of each
lot owner involved in the lot line adjustment.
(b)
The address and Tax Map number of each lot involved.
(c)
An explanation of the intended adjustment and
the reason(s) therefor.
(d)
A map, acceptable to the Code Enforcement Officer,
drawn to scale depicting the existing lot lines as well as the proposed
new lot line.
(e)
Any other documentation and/or information required
by the Code Enforcement Officer.
D.
The Code Enforcement Officer shall make a determination
of whether to grant the exemption within 10 days of the application
submission being complete and shall, within such ten-day period, provide
written notification thereof to the applicant. In the event that the
exemption is denied, the Code Enforcement Officer shall specify the
reason(s) therefor in the written notice.
Any owner of land shall, prior to subdividing or resubdividing land, submit to the Code Enforcement Officer, or other officer duly appointed by resolution of the Town Board, at least 14 days prior to the regular meeting of the Planning Board three copies of a sketch plan of the proposed subdivision which shall comply with the requirements of Article VI, § 116-36 (minor subdivisions) or 116-37 (major subdivisions).
A.
Discussion of requirements and classification. The
subdivider, or duly authorized representative, shall attend the meeting
of the Planning Board to discuss the requirements of these regulations
for street improvements, drainage, sewerage, water supply, fire protection,
and similar aspects, as well as the availability of existing services
and other pertinent information. The Planning Board shall determine
at this time the classification of the subdivision as major or minor,
and shall discuss the requirements of the New York State Environmental
Quality Review Act.
B.
Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the purposes and submission requirements
of these regulations and shall, where it deems necessary, make specific
recommendations of items or modifications to be incorporated by the
applicant in the next submission to the Planning Board.
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a final plat, the subdivider shall file an application for the consideration of a preliminary plat, which shall in all respects comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law of New York State, and Article VI, § 116-38, of these regulations.
(2)
Application for preliminary plat approval is to be
submitted to the Town Code Enforcement Officer, or other officer duly
appointed by resolution of the Town Board, on forms provided by said
officer at least 14 days prior to the regular meeting of the Planning
Board. The application for approval of the preliminary plat shall
be accompanied by a fee as established by the Town Board.
(3)
Nine copies of the preliminary plat and nine copies
of the environmental assessment form are to be submitted at the time
of application for preliminary plat approval. The plat shall be clearly
marked as "preliminary plat." More copies of the preliminary plat
and environmental assessment form may be requested of the applicant
by the Planning Board if the Planning Board determines that other
agencies, employees of the town, or consultants should review said
plat, or if additional agencies or individuals should review the environmental
assessment form under the provisions of the New York State Environmental
Quality Review Act.
B.
Official submission date of preliminary plat application.
The official submission date of the preliminary plat application shall
be the date of the next regular monthly meeting of the Planning Board
which occurs after a preliminary plat application is made in compliance
with these regulations. The official submission date shall in no instance
be prior to the date when all relevant procedures have been completed
under the New York State Environmental Quality Review Act. The Planning
Board shall deem incomplete any application not made in compliance
with these regulations.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or duly authorized representative, shall attend the meeting of the
Planning Board to discuss the preliminary plat.
D.
Study of preliminary plat. The Planning Board shall 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 shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, erosion and sedimentation, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, the Town Master Plan, the Official Map, and Chapter 132, Zoning, if such exist.
E.
Ontario County Planning Board notification and action.
(1)
The Town Planning Board shall determine if the location of the property proposed for subdivision must be referred to the Ontario County Planning Board under § 239-n of the General Municipal Law of New York State and any other agreements existing between the town and Ontario County, and will direct the Town Code Enforcement Officer or other duly appointed officer to file said preliminary plat application with the County Planning Board for review. No action shall be taken on the preliminary plat application by the Town Planning Board until such time as a report is received from the County Planning Board, although a public hearing may be held pursuant to Subsection F of this section.
(2)
The Town Planning Board shall also determine if the
subdivision plat proposes structures or new streets having frontage
on, access to, or is otherwise directly related to any existing county
road or, if the county has adopted an Official Map, on any proposed
county road, and must be referred to the Ontario County Planning Board
under § 239-k[1] of the General Municipal Law of New York State. The Town
Planning Board will also notify the Ontario County Commissioner of
Public Works.
[1]
Editor's Note: Section 239-k of the General
Municipal Law was repealed by the Laws of 1998, Chapter 451, § 2.
See now General Municipal Law § 239-f.
F.
Public hearing on preliminary plat application. The
Planning Board shall hold a public hearing within 62 days after the
receipt of a complete preliminary plat by the Clerk of the Planning
Board. The hearing shall be advertised at least once in a newspaper
of general circulation in the town at least five days before the hearing.
The Planning Board may provide that the hearing be further advertised
in such a manner as it deems most appropriate for full public consideration.
G.
Approval of preliminary plat.
(1)
The Planning Board shall approve, with or without
modification, or disapprove the preliminary plat within 62 days after
the public hearing. The ground for modification, if any, or the ground
for disapproval shall be stated upon the records of the Planning Board.
Notwithstanding the foregoing provisions of this subdivision, the
period in which the Planning Board must take action on the preliminary
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 any modifications it deems necessary for submission
of the final plat.
(2)
Within five days of the approval of the preliminary
plat it shall be certified by the Clerk of the Planning Board as having
been granted preliminary approval, a copy filed in the Clerk's office,
and a certified copy mailed to the owner.
(3)
Within six months of the approval of the preliminary
plat the owner must submit the plat in final form. If the final plat
is not submitted within six months, approval of the preliminary plat
may be revoked by the Planning Board.
(4)
In the event the Planning Board fails to take action
on the preliminary plat within the time prescribed therefor, the preliminary
plat shall be deemed granted preliminary approval. The certificate
of the Naples Town Clerk as to the date of submission, and the failure
of the Planning Board to take action within the prescribed time, shall
be issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval herein required.
Upon classification of the proposed subdivision as a minor subdivision, as determined by the Town Planning Board, the subdivider shall prepare and file a formal application for final plat approval which shall in all respects comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law of New York State, and Article VI, § 116-39, of these regulations. Preliminary plat approval is eliminated for minor subdivisions.
A.
Application and fee.
(1)
Application for final plat approval is to be submitted
to the Town Code Enforcement Officer, or other officer duly appointed
by resolution of the Town Board, on forms provided by said officer
on or before the 25th day of the month preceding the next regularly
scheduled meeting of the Planning Board. The application for approval
of the final plat shall be accompanied by a fee as established by
the Town Board.
(2)
Three copies of the final plat and one original final
plat done with ink on linen or Mylar and three copies of the environmental
assessment form (EAF) are to be submitted at the time of application
for final plat approval. The plat shall be clearly marked as "final
plat." More copies of the final plat and environmental assessment
form may be requested of the applicant by the Planning Board if the
Planning Board determines that other agencies, employees of the town,
or consultants should review said plat, or if additional agencies
or individuals should review the environmental assessment form under
the provisions of the New York State Environmental Quality Review
Act.
B.
Official submission date of final plat application.
The official submission date of the final plat application shall be
the date of the next regular monthly meeting of the Planning Board
which occurs after a final plat application is made in compliance
with these regulations. Any application not made in compliance with
these regulations shall be deemed incomplete by the Planning Board.
C.
Ontario County Planning Board notification and action.
(1)
The Town Planning Board shall determine if the location of the property proposed for subdivision must be referred to the Ontario County Planning Board under § 239-n of the General Municipal Law of New York State and any other agreements existing between the town and Ontario County, and will direct the Town Code Enforcement Officer or other duly appointed officer to file said final plat application with the County Planning Board for review. No action shall be taken on the final plat application by the Town Planning Board until such time as a report is received from the County Planning Board, although a public hearing may be held pursuant to Subsection D of this chapter.
(2)
The Town Planning Board shall also determine if the
subdivision plat proposes structures or new streets having frontage
on, access to, or is otherwise directly related to any existing County
Road, or if the County has adopted an Official Map, on any proposed
County Road and must be referred to the Ontario County Planning Board
under § 239-k[1] of the General Municipal Law of New York State. The Town
Planning Board will also notify the Ontario County Commissioner of
Public Works.
[1]
Editor's Note: Section 239-k of the General
Municipal Law was repealed by the Laws of 1998, Chapter 451, § 2.
See now General Municipal Law § 239-f.
D.
Approval of final plat.
(1)
The plat shall be clearly marked "final plat." The
Planning Board shall hold a public hearing within 62 days after the
receipt of a complete final plat by the Clerk of the Planning Board.
Such hearing shall be advertised at least once in a newspaper of general
circulation in the town at least five days before such hearing. The
Planning Board may provide that the public hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of the final plat.
(2)
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 public hearing. The ground for modification, if any, or the ground
for disapproval shall be stated upon the records of the Planning Board.
A.
Application for approval of final plat. The subdivider
shall, within six months after the approval of the preliminary plat,
file with the Planning Board an application for approval of the subdivision
plat in final form. Application for final plat approvals are to be
submitted to the Town Code Enforcement Officer or other duly appointed
officer on forms provided by said officers at least 14 days prior
to the regular monthly meeting of the Planning Board. In the case
of phased projects, the Planning Board shall establish a reasonable
time frame for the submission of the final plats for the various phases
of the project.
B.
Other application requirements. Eight copies of the
final plat and one original final plat done with ink on linen or Mylar
are to be submitted at the time of application for final plat approval.
Additional copies of the final plat may be requested of the applicant
by the Planning Board if the Planning Board determines that other
agencies, employees of the town, or consultants should review said
plat. The subdivider shall also provide the original and one true
copy of all offers of cession, covenants, and agreements, and three
prints of all construction drawings.
C.
Endorsement of state, county, and local agencies. Water and sewer facility proposals contained in the final plat shall be properly endorsed and approved by the New York State Department of Health and the Department of Environmental Conservation in areas applicable to their jurisdiction. Application for approval of plans for sewer or water facilities will be filed by the subdivider with all requisite town, county, and state agencies. See § 116-43 for a list of additional approvals which may be required.
D.
Approval of final plat.
(1)
Final plats which are in substantial agreement with
approved preliminary plats. When a final plat is submitted which the
Planning Board deems to be in substantial agreement with a preliminary
plat approved pursuant to these regulations, within 62 days of its
receipt by the Clerk of the Planning Board, the Planning Board shall
by resolution conditionally approve with or without modification,
disapprove, or grant final approval and authorize the signing of the
final plat.
(2)
Final plats which are not in substantial agreement
with approved preliminary plats. When a final plat is submitted which
the Planning Board deems not to be in substantial agreement with a
preliminary plat approved pursuant to these regulations, the following
shall apply:
(a)
Final plats not in substantial agreement with
approved preliminary plats may require further review under the State
Environmental Quality Review Act.
(b)
The Planning Board shall hold a public hearing
on such final plat not later than 62 days after the receipt of the
final plat. The hearing shall be advertised at least once in a newspaper
of general circulation in the town at least five days before such
hearing.
(c)
The Planning Board shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of the final plat within 62 days
after the date of the public hearing. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
A.
Extension of time. Notwithstanding the foregoing provisions
of this article, the time in which the Planning Board must take action
on the final plat may be extended by mutual consent of the owner and
the Planning Board.
B.
Approval by default. In the event the Planning Board
fails to take action on the final plat within the time prescribed
herein, or for such extended period established by the mutual consent
of the owner and the Planning Board, the plat shall be deemed approved,
and a certificate of the Naples Town Clerk 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.
C.
Conditional approval of final plats.
(1)
Certification of final plat. Upon resolution granting
conditional approval of a final plat, the Planning Board shall empower
the Planning Board Chairperson to sign the final plat subject to completion
of any requirements as may be stated in the resolution. Within five
days of such resolution the final plat shall be certified by the Clerk
of the Planning Board as conditionally approved and a copy filed in
such Clerk's office. A copy of the resolution shall be mailed to the
owner, which copy shall include a statement of such requirements which
when completed will authorize the signing of the conditionally approved
final plat.
(2)
Duration of the approval. Upon completion of such
requirements, the final plat shall be signed by the Planning Board
Chairperson. Conditional approval of the 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 this section, the Planning Board may extend
the time in which a conditionally approved final plat must be submitted
for signature if, in its opinion, such extension is warranted by the
particular circumstances thereof, which time shall not exceed two
additional periods of 90 days each.
(3)
Approval of plats in sections. In granting conditional
or final approval of a final plat, the Planning Board may permit the
plat to be subdivided and developed in two or more sections and may
in its resolution granting conditional or final approval state that
such requirements as it deems necessary to ensure the orderly development
of the plat be completed before said section may be signed by the
Planning Board Chairperson. Conditional or final approval of the sections
of a final plat may be granted concurrently with conditional or final
approval of the entire plat, subject to any requirements imposed by
the Planning Board.
(4)
Expiration of approval. The signature of the Planning
Board Chairperson constituting final approval by the Planning Board
of a plat as herein provided; or the approval by such Board of the
development of a plat or plats already filed in the office of the
Ontario County Clerk if such plats are entirely or partially undeveloped;
or the certificate of the Naples Town Clerk as to the date of the
submission of the final plat and the failure of the Planning Board
to take action within the time herein provided, shall expire within
62 days from the date of such approval, or from the date such certificate
is issued, unless within such sixty-two-day period such plat or section
thereof shall have been duly filed or recorded by the owner in the
office of the Ontario County Clerk. In the event the owner shall file
only a section of such approved plat in the office of the Ontario
County Clerk, the entire approved plat shall be filed within 30 days
of the filing of each section with the Naples Town Clerk in which
any portion of the land described in the plat is situated. Such section
shall encompass at least 10% of the total number of lots contained
in the approved plat and the approval of the remaining sections of
the approved plat shall expire unless said sections are filed before
the expiration of the exemption period to which the plat is entitled
under the provisions of Subdivision 2 of § 265-a of the
Town Law of New York State.
(5)
Subdivision abandonment. The owner of an approved
subdivision may abandon such subdivision pursuant to the provisions
of § 560 of the Real Property Tax Law.
D.
Signing of the final plat.
(1)
Every subdivision plat submitted to the Planning Board
for approval shall carry the following endorsement:
|
"Approved by Resolution of the Planning Board
of the Town of Naples, New York, on the _____ day of _____________,
_____, subject to all requirements and conditions of said resolution.
Any change, erasure, modification, or revision of this subdivision
plat, as approved, shall void this approval.
| |
|
Signed this _____ day of _____________, _____,
by Chairman, Town of Naples Planning Board."
|
(2)
In the absence of the Chairman, the Acting Chairman
may sign the subdivision plat. If there is a County Official Map,
such endorsement shall stipulate that the subdivision plat does not
conflict with the County Official Map, or in cases where the subdivision
does front on or have access to or is otherwise related to roads or
drainage systems shown on the County Map, that subdivision has been
approved by the County Planning Board in the manner specified by § 239-k[1] of the New York State General Municipal Law. If the subdivision
falls within the jurisdiction of the County Planning Board as set
forth in § 239-n of the New York State General Municipal
Law, then such endorsement shall stipulate that the requirements of
said law have been satisfied.
[1]
Editor's Note: Section 239-k of the General
Municipal Law was repealed by the Laws of 1998, Chapter 451, § 2.
See now General Municipal Law § 239-f.
A.
Improvements; performance bond; maintenance bond.
Before the Planning Board passes a resolution conditionally approving,
with or without modifications, or grants approval to the final plat,
the subdivider shall follow the procedure set forth in the following:
(1)
In an amount set by the Town Board, the subdivider
shall either file with the Town Clerk a certified check to cover the
full cost of the required improvements or the subdivider shall file
with the Town Clerk a performance bond or other surety instrument
acceptable to the Town Board to cover the full cost of the required
improvements. Any such bond or other surety shall comply with the
requirements of § 277 of the Town Law of the State of New
York, and further shall be satisfactory to the Town Board and the
Town Attorney as to form, sufficiency, manner of execution and surety.
A period of one year, or such other period as the Town Board may require,
shall be set forth in the bond within which time required improvements
must be completed.
(2)
If a subdivider shall be authorized to file the approved
final plat in sections or phases, approval of the final plat may be
granted upon the posting of a performance bond or other surety instrument
to cover the full cost of all required improvements of each section
or phase.
(3)
The required improvements shall not be considered
to be completed until the installation of the improvements have been
approved by the Town Highway Superintendent and/or the Superintendent
of the Town Water and Wastewater District, and an "as built" map satisfactory
to the Planning Board has been submitted indicating the location of
monuments marking all underground utilities as actually installed.
The performance bond or other surety instrument shall not be released
until such a map is submitted and approved by the Planning Board.
(4)
If utilities or roads are offered for dedication to
the town, the subdivider shall be required to post a maintenance bond
in an amount, form, and term acceptable to the Town Board to pay for
repair or maintenance of dedicated utilities or roads which prove
defective following dedication.
B.
Inspection of improvements.
(1)
At least five days prior to commencing construction
of required improvements the developer shall notify the Town Code
Enforcement Officer or other duly appointed officer in writing of
the time when the developer proposes to commence construction of such
required improvements.
(2)
The town may employ an inspector to act as agent of
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 such inspection. The applicant
shall pay the costs of such inspection to the Town Clerk before the
subdivision plat is signed for filing.
C.
Proper installation of improvements. If the Town Highway
Superintendent or Water and Wastewater Superintendent or other inspector
hired by the town finds upon inspection of the improvements performed
before the expiration date of the performance bond or other surety
instrument that any of the required improvements have not been constructed
in accordance with plans and specifications filed by the subdivider,
the applicant and the bonding company will be severally and jointly
liable for the costs of completing said improvements according to
specifications previously filed by the subdivider.
D.
No final plat shall be approved by the Planning Board
as long as the subdivider is in default on a previously approved subdivision
plat.
No changes, erasures, modifications, or revisions
shall be made to any final plat after approval has been given by the
Planning Board and endorsed in writing on the final plat, unless the
said final plat is first resubmitted to the Planning Board and such
Board approves any modifications. In the event that any such final
plat is recorded without complying with this requirement, said recorded
final plat shall be considered null and void, and the Planning Board
shall institute proceedings to have said final plat stricken from
the records of the office of the Ontario County Clerk.
For a resubdivision, the same procedure, rules
and regulations shall apply as for a subdivision.
A.
Public acceptance of streets or other real property
rights offered for dedication to the town. The approval by the Planning
Board of a final plat shall not be deemed to constitute or be evidence
of any acceptance on the part of the Town of Naples of any street,
easement, open space, utility, or other improvement shown on any such
subdivision plat.
B.
Ownership and maintenance of recreation areas. When
a park, playground, or other recreation area shall have been shown
on a final plat, the approval of the final plat shall not constitute
an acceptance by the town of said area. The Planning Board shall require
the final plat to be endorsed with appropriate notes to this effect.
The Planning Board may require the filing in the office of the Ontario
County Clerk 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.
Upon submission of an acceptable performance bond or other surety instrument in accordance with Article III, § 116-14A, of these regulations, and after approval and filing in the office of the Ontario County Clerk of the subdivision plat, land sales may be initiated or construction of the subdivision may commence. The developer is required to give five days' notice to the town of the construction of any required improvements in accordance with Article III, § 116-14B, of these regulations. No building permits shall be issued until a certified copy of the final plat, filed at the office of the Ontario County Clerk, has been delivered to the Town Code Enforcement Officer.
[Amended 7-9-2007 by L.L. No. 2-2007]
Upon the request of a property owner, developer or contractor
for a cluster development, the following procedures shall apply, subject
to the standards and criteria applicable to cluster development as
specified in the Zoning Chapter[1] and this chapter:
A.
Sketch plan. The applicant shall present, along with a proposal in
accordance with the provisions of § 278 of the Town Law
of the State of New York, a standard sketch plan referred to as a
"conventional sketch plan," consistent with all the applicable standards
and criteria in the Zoning Chapter and this chapter.
B.
Preliminary plat. The applicant shall prepare a standard preliminary
plat, referred to as a "conventional preliminary plat," consistent
with all the applicable standards and criteria specified in the Zoning
Chapter and this chapter, as well as the comments received from the
Planning Board during the review of the conventional sketch plan.
The conventional preliminary plat shall be subject to approval of
the Planning Board in accordance with the regulations. The applicant
shall make all changes to the conventional preliminary plat as are
required by the Planning Board. Upon approval of the conventional
preliminary plat by the Planning Board, the quantity of lots specified
on that conventional preliminary plat shall be the maximum number
of lots available for development for the final plat prepared in accordance
Town Law § 278.
C.
Review pursuant to Town Law § 278. The applicant shall comply with the procedures set out in Article III of this chapter commencing with the submission and review of a preliminary plat, to be known herein as a "cluster preliminary plat," and for approval of the cluster preliminary plat and review of a "cluster final plat." All procedures, including public hearings as prescribed by Article III of this chapter, concerning the review of non-§ 278 subdivisions shall apply to the review of subdivisions prepared in accordance with Town Law § 278.
D.
Open space. Conditions as to ownership, use, maintenance and management
of open space as are necessary to assure the preservation of such
lands or their intended purposes shall be specified by the Planning
Board and made conditions of the cluster development subdivision approval.
