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. Criteria for classification as a lot line adjustment.
(1)
No new lot is to be created; or
(2)
The action is intended to adjust, relocate or
correct an existing lot line; or
(3)
The intended conveyance will involve a part
of one lot being added to an adjoining lot; and
(4)
Neither of the lots involved will become nonconforming in any respect under Chapter
132, Zoning, as a result of the lot line adjustment.
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.
C. Subdivision
approval consultant expenses.
[Added 1-2-2024 by L.L. No. 2-2024]
(1) In
addition to the Subdivision Chapter fee established by the Town Board,
costs projected to be incurred by the Planning Board for consultation
fees with respect to engineering, legal, architectural, surveying
or other like expenses related to the subdivision application review
shall be the sole responsibility of the applicant.
(2) Upon
receipt of a subdivision application, the applicant and the applicant's
representative, if any, shall receive a written notice of this responsibility.
The determination of the need for retaining such consultants shall
be in the sole discretion of the Planning Board and consultants shall
be chosen solely by the Planning Board.
(3) The
Planning Board shall notify the applicant as soon as is reasonably
possible of the need for such consultants. Such notification shall
be in writing directed to the applicant and the applicant's representative,
if any. In the event that such a determination is made during a meeting
at which the applicant and/or the applicant's representative is present,
such determination shall be made known verbally and placed in the
record of the meeting, followed up with the written notification specified
above.
(4) The
applicant shall be advised of an estimate of the costs of such consultant(s).
Reasonable efforts shall be made to advise applicant of the estimated
costs for such consultant(s). Any changes in the costs for consultants
shall be made known to applicant and/or applicant's representative
as soon as is reasonably possible.
(5) In
any event, payment of any such costs incurred by the Town for consultants
for the subdivision application shall be paid to the Town by or on
behalf of the applicant prior to issuance of any permits, certificates
or other documents required for the implementation of the subdivision
or conditions imposed upon the subdivision approval.
(6) In
the alternative, the Planning Board may determine in its sole reasonable
discretion that the applicant be required to establish an escrow fund
with the Town of Naples. That determination and the amount of the
escrow fund shall be based upon the perceived complexity of the subdivision
application, the type and number of consultants that may be required
and the estimated cost for such consultation(s). The refusal of an
applicant to establish an escrow fund as directed by the Planning
Board shall result in disapproval of the subdivision application.
Consultant costs shall be paid from the applicant's escrow fund. Upon
completion of the subdivision application process, the rendering of
a decision thereon and payment of all consultant costs, any balance
remaining in the applicant's escrow fund shall be refunded to the
applicant. Escrow funds shall be deposited with a banking institution
under the name of the Town of Naples. Such escrow funds shall be managed
pursuant to standard municipal finance guidelines.
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 of the General Municipal Law of New York State. The Town
Planning Board will also notify the Ontario County Commissioner of
Public Works.
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.
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.
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 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.