Whenever any subdivision of land is proposed,
before any contract is made for the sale of any part thereof, before
any permit for the erection of a permanent building in such proposed
subdivision shall be granted and before any subdivision plat may be
filed in the office of the Ontario County Clerk, the subdivider or
his authorized agent shall apply for and secure approval of such proposed
subdivision in accordance with the following procedures.
A.
Sketch layout review procedure. The purpose of this
step is to afford the subdivider an opportunity to consult early and
informally with the Planning Board in order to save time and money
and to make the most of opportunities for desirable development.
B.
Requirements. Six (6) copies shall be submitted to the Planning Board and shall comply with the requirements set forth in Article VI, § 149-30, of this chapter. One (1) copy of the sketch layout shall be returned to the subdivider with the Planning Board's comments, one (1) copy shall be retained by the Planning Board and four (4) copies shall be used for necessary coordination with other consultants or agencies. Before preparing a sketch layout, the subdivider may discuss with the Planning Board, commissions, departments and officials the general requirements as to design of streets, reservations of land, town frontage road policy, drainage and erosion control and slope stabilization measures, water-retention facilities, sewerage, water supply, fire protection and other improvements as well as procedural matters. Subdividers of land adjoining state or county highways are advised to consult with the District Engineer of the New York State Department of Transportation or the County Director of Public Works at the sketch layout stage in order to resolve problems of street openings or stormwater drainage at the earliest possible stage in the design process. Where public utilities are involved, the subdivider's engineer should contact the agencies for connection specifications, capacities and any other requirements of the respective agencies. The Planning Board shall study the sketch layout of a proposed subdivision in relation to existing or potential development of the adjacent area and the Town and County Master Plans, if any, and in the course of its review may consult with other interested public agencies. In addition, if not already done so, the Planning Board may refer a copy of the sketch layout to the Town Engineer for his review and report.
C.
County Department of Planning review. Upon receipt
of the complete application for sketch plan approval, certified as
such by the Clerk of the Planning Board, the Planning Board may refer
said application to the Ontario County Department of Planning for
its review and report, which shall be made to the Planning Board.
D.
Notification of results of sketch plan layout review.
Not later than forty-five (45) days following the submission of a
complete sketch layout, as certified by the Clerk of the Planning
Board, the Planning Board shall convey a written report to the subdivider
containing its comments concerning the design of the proposed subdivision,
including, in appropriate cases, suggestions as to coordination with
the design of adjacent subdivisions or compliance with requirements
of other interested public agencies. Copies of minutes of the relevant
meetings shall be considered a sufficient written report.
A.
Preliminary plat review procedure. A preliminary plat
shall be prepared and submitted to the Planning Board for all proposed
subdivisions.
B.
Requirements.
(2)
Ten (10) copies of the preliminary plat and supplementary
material specified shall be submitted to the Planning Board. One (1)
copy of the preliminary plat shall be returned to the subdivider with
the notification of decision, one (1) copy shall be retained by the
Planning Board and eight (8) copies shall be used for necessary coordination
with other consultants or agencies. The Planning Board shall study
the preliminary plat in connection with the topography of the area,
existing requirements of the Zoning Ordinance, the Master Plan and
any other plans of the town and the Town Official Map, if any, and
shall take into consideration the general requirements of the town.
In reviewing a preliminary plat the Planning Board shall consult with
the Town Engineer and such other officials or agencies as may be appropriate
in each case. The Town Engineer shall report to the Planning Board
concerning the adequacy of engineering features shown on the preliminary
plat. As directed by the Planning Board, the Town Engineer shall receive
a copy of the preliminary plans for review at least two (2) weeks
prior to the date of public hearing on the preliminary plan.
C.
County Planning Board review and establishment of
public hearing date (§ 239-n of the General Municipal Law).
(1)
Upon receipt of a complete and satisfactory preliminary
plat application, as certified by the Clerk of the Planning Board,
the Planning Board shall, where required by § 239-n of the
General Municipal Law or as otherwise required, submit the preliminary
plat to the County Planning Board for review and approval as appropriate.
(2)
The Planning Board shall schedule a public hearing
within the time limit specified in § 276 of the Town Law
from the date of receipt of the complete application by the Clerk
of the Planning Board (see Appendix A for this and subsequent time
limits specified in § 276 of the Town Law that are alluded
to in these rules and regulations.[1]). The hearing shall be advertised at least once in a newspaper
of general circulation in the town within the time limit of five (5)
days specified in § 276 of the Town Law before the date
of the scheduled hearing.
[1]
Editor's Note: Appendix A is on file in the
office of the Town Clerk.
D.
Action by Planning Board. Within forty-five (45) days
after the date of such hearing, the Planning Board shall approve with
or without modification or disapprove such preliminary plat. The grounds
of a modification, if any, or the grounds for disapproval shall be
stated upon the records of the Planning Board. Notwithstanding the
foregoing provisions of these rules and regulations, the time in which
a Planning Board must take action on such plat may be extended by
mutual consent of the subdivider and the Planning Board. When approving
a preliminary plat, the Planning Board shall state, in writing, any
modification it deems necessary prior to submission of the plat in
final form.
E.
Notification of decision. Within five (5) days of
the approval of such preliminary plat it shall be certified by the
Clerk of the Planning Board as granted preliminary approval and a
copy filed in the town office and mailed to the subdivider. In the
event that the Planning Board fails to take action on the preliminary
plat within the time prescribed therefor, such plat shall be granted
preliminary approval. The certificate of the 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.
A.
After receiving approval, with or without modification,
from the Planning Board on a preliminary plat, the subdivider may
prepare his final subdivision plat and submit it to the Planning Board
for approval, except that if more than six (6) months has elapsed
between the time of the Planning Board's decision on the preliminary
plat and the submission of the final subdivision plat and the Planning
Board finds that conditions on the plat have changed significantly
in the interim, the Planning Board may require a resubmission of the
preliminary plat for further review and possible revision prior to
accepting the proposed final subdivision plat for review, in which
case a public hearing shall be held on the revised plan.
B.
Requirements. The final subdivision plat shall conform
substantially to the preliminary plat as approved by the Planning
Board. It shall incorporate any modifications or other features that
may have been 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. If the subdivider wishes
to develop the subdivision in stages, he may prepare and submit a
subdivision plat for a portion of the area encompassed by the preliminary
plat, provided that the proposed development stages were indicated
on the preliminary plat reviewed by the Planning Board. However, no
more than two (2) individual sections of a subdivision shall be in
process or under construction at the same time.
C.
Application for subdivision plat. A permanent reproducible on approved material plus ten (10) copies of the tracing and other exhibits required for approval, as specified in Article VI, § 149-32, shall be submitted with the application for approval. When submitting a subdivision plat for approval, the subdivider shall also file with the Planning Board formal offers of dedication to the town or other appropriate public agencies of all streets, parks and playgrounds and other permanent open spaces for community use, as shown in the subdivision plat. The approval of the plat does not constitute an acceptance by the town of the dedication of those facilities. Also, evidence of all necessary easements for stormwater discharge, sanitary sewer and water, petitions for creation of any needed special districts or any other legal documents that may be requested by the Planning Board should be submitted with the final subdivision plat.
D.
Public hearing. Within forty-five (45) days from the
date of the submission of a plat in final form for approval by the
Planning Board, a hearing shall be advertised at least once in the
official newspaper in the town at least five (5) days before such
hearing; provided, however, that when a Planning Board deems the final
plat to be in substantial agreement with the approved preliminary
plat modified in accordance with any recommendation accompanying such
approval, the Planning Board may waive the requirements for a public
hearing.
E.
County Planning Board review and establishment of
public hearing date (§ 239-n of the General Municipal Law).
Where required by § 239-n of the General Municipal Law or
as otherwise required, the final plat shall be submitted to the County
Planning Board for review and approval as appropriate.
F.
Notification of decision.
(1)
The Planning Board shall by resolution conditionally
approve, with or without modifications, disapprove or grant final
approval and authorize the signing of such plat within forty-five
(45) days of its receipt by the Clerk of the Planning Board if no
such hearing is held or, in the event that such hearing is held, within
forty-five (45) days after the date of such hearing. Nothwithstanding
the foregoing provisions of these rules and regulations, the time
in which a Planning Board must take action on such plat may be extended
by mutual consent of the subdivider and the Planning Board. In the
event that a Planning Board fails to take action on a final plat within
the time prescribed therefor, the plat shall be approved. A certificate
of the 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.
(2)
In reviewing a subdivision plat the Planning Board
shall consult with the Town Engineer and such other officials or agencies
as may be appropriate in each case. The Town Engineer shall report
to the Planning Board concerning the adequacy of engineering features
shown on the subdivision plat. The action of the Planning Board shall
be recorded in the Board's minutes, and the subdivider shall be notified
of such action through transmittal of these minutes and a copy of
the map submitted. In case of disapproval of a proposed subdivision
plat, the Planning Board shall have in its minutes its reasons for
disapproval. No construction of any sort, site improvements or building
permit for any permanent building within the subdivision shall be
issued by the municipality until after the record sheet of the subdivision
plat has been approved by the Planning Board and has been filed in
the office of the Ontario County Clerk and liber and page numbers
have been assigned by the County Clerk. Where a permit is desired
for the occupancy of a building in the subdivision prior to the completion
of all the improvements shown on the approval construction sheet of
the subdivision plat, in addition to other requirements of the town,
the street serving the building shall be completed to a degree satisfactory
to the town.
G.
Endorsement of State Health Department or New York
State Department of Environmental Conservation.
(1)
Where required by state law, the subdivision plans
shall be submitted to and reviewed and approved by the State Departments
of Environmental Conservation and Health for compliance with such
laws and regulations as are appropriate, prior to final Planning Board
approval.
(2)
Private wastewater collection and treatment facilities
shall comply with the Waste Treatment Handbook, Individual Household
Systems, prepared by the New York State Department of Health. (Handbook
is on file with the Town Clerk.)
H.
County Official Map notification. The Planning Board
will also, if the county has established a County Official Map, notify
the Ontario County Planning Board and the County Superintendent of
Highways or Commissioner of Public Works if the subdivision plat proposes
structures or new streets having frontage on or access to or otherwise
directly related to any county road, existing or proposed, as shown
on the County Official Map. The County Planning Board reports to the
Planning Board within thirty (30) days on its approval or disapproval
or on its approval subject to stated conditions of the proposed subdivision
plat. The plat may be approved by the town subject to stated conditions,
notwithstanding such report, when the application of such report will
act to deprive the owner of the reasonable use of his land.
I.
Conditional approval.
(1)
Upon resolution of conditional approval of such final
plat, the Planning Board shall empower a duly authorized officer to
sign the plat subject to completion of such requirements as may be
stated in the resolution.
(2)
Within five (5) days of such resolution, the plat
shall be certified by the Clerk of the Planning Board as conditionally
approved and a copy filed in the Clerk's office and a certified copy
mailed to the subdivider, including a certified statement of such
requirements which when completed will authorize the signing of the
conditionally approved final plat. Upon completion of such requirements,
the plat shall be signed by said duly authorized officer of the Planning
Board. Conditional approval of a final plat shall expire within one
hundred eighty (180) days after the day of the resolution granting
conditional approval unless such requirements have been certified
as completed. Nothwithstanding the foregoing provisions of these rules
and regulations, the Planning Board may extend the time in which a
conditionally approved plat in final form must be submitted for signature,
if in its opinion such intention is warranted by the particular circumstances
thereof, for not to exceed two (2) additional periods of ninety (90)
days each.
J.
Signing of plat.
(1)
Every subdivision plat submitted to the Board for
its approval shall carry the following endorsement:
|
Approved by resolution of the Planning Board
of the Town of South Bristol, New York, on the ____ day of __________,
20____, subject to all requirements and conditions of said resolution.
Any change, erasure, modification or revision of this plat, as approved,
shall void this approval. Signed this ____ day of __________, 20____,
by
| |
|
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Chairman, Planning Board
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Town Engineer
| |
(2)
In the absence of the Chairman, the Acting Chairman
may sign in his place. If there is a County Official Map, such endorsement
shall stipulate that the plat does not conflict with the County Official
Map or, in cases where the plat does front on or have access to or
is otherwise related to roads or drainage systems shown on the County
Map, that such plat has been approved by the County Planning Board
in the manner specified by Article 12-B, § 239-k, of the
General Municipal Law.
K.
Expiration of approval. The owner shall file, in the office of the
County Clerk or register, such approved final plat or a section of
such plat within 62 days from the date of final approval, or such
approval shall expire. The following shall constitute final approval:
the signature of the duly authorized officer of the Planning Board
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 County Clerk or register
of the county in which such plat or plats are located if such plats
are entirely or partially undeveloped; or the certificate of the 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.
In the event the owner shall file only a section of such approved
plat in the office of the County Clerk or register, the entire approved
plat shall be filed within 30 days of the filing of such section with
the Town Clerk in each town 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 such plat is entitled under the provisions of Subsection
2 of § 265-a of the Town Law.
[Amended 2-17-2014 by L.L. No. 3-2014]
A.
Improvements and letter of credit.
(1)
Prior to an action by the Planning Board approving
a subdivision plat, the applicant shall be required to guarantee completion,
in accordance with the Planning Board's decision and to the satisfaction
of the appropriate town departments, of all the street, sanitary and
other improvements specified in the action approving said plat.
(2)
The subdivider shall provide the town a letter of
credit sufficient to cover the full cost of the improvements as approved
by the Planning Board. Such letter of credit shall be subject to approval
by the Town Board in accordance with § 277 of the Town Law
and shall run for a term to be fixed by the Planning Board. Upon posting
of financial guaranty and compliance with all other requirements,
the Chairman shall sign the subdivision plat as evidence that it complies
in full with the subdivision ordinance and has been approved.
(3)
After the satisfactory completion of the project,
it shall be the responsibility of the subdivider to provide the town
a maintenance bond, satisfactory to the town as to form, sufficiency
and manner of execution, for a period of not less than two (2) years
after satisfactory completion of the project to assure the quality
of the work performed and materials installed.
(4)
All required improvements shall be made by the applicant
at his expense without reimbursement by the town or any district therein.
Said improvements shall include but not necessarily be limited to
the following:
(a)
Streets.
(b)
Street signs.
(c)
Curbs and gutters.
(d)
Monuments.
(e)
Stormwater runoff system.
(f)
Sanitary sewage collection and treatment facilities.
(g)
Water supply system.
(h)
Park and recreation facilities.
(i)
Electrical, telephone and utility lines.
(j)
Erosion control, plantings and ground cover.
B.
Inspection of improvements. The town shall employ
its Engineer or municipal official as an inspector to act as agent
of the Town Board for the purpose of assuring the satisfactory completion
of improvements required by the Planning Board. It shall be the responsibility
of the subdivider to bear any and all inspection costs incurred by
the town or its agents in connection with the subdivider's project
and have moneys included in the letter of credit. If the Planning
Board or its agent finds, upon inspection, that any of the required
improvements have not been constructed in accordance with Planning
Board recommendations or the approved construction details, the applicant
will be liable for the costs of completing said improvements according
to specifications.
C.
Offers of dedication and release.
(1)
The plat shall be endorsed with the necessary agreements
in connection with required easements or releases. Formal offers of
dedication to the town of all streets and parks not marked on the
plat with notation to the effect that such dedication will not be
offered shall be filed with the Planning Board prior to plat approval.
If the owner of the land or his agent who files the plat does not
add as part of the plat a notation to the effect that no offer of
dedication of such streets, highways or parks or any of them is made
to the public, the filing of the plat in the office of the County
Clerk or register shall constitute a continuing offer of dedication
of the streets, highways or parks or any of them to the public, and
said offer of dedication may be accepted by the Town Board at any
time prior to revocation of said offer by the owner of the land or
his agent.
(2)
Upon completion of all requirements set forth in the
action approving the subdivision plat and notation to that effect
upon the subdivision plat, it shall be deemed to have final approval
and shall be signed by the Chairman of the Planning Board and may
be filed by the applicant in the office of the County Clerk.
For a resubdivision, the same procedure, rules
and regulations apply as for a subdivision.
The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or imply the acceptance by
the town of any street, park, playground or other open space shown
on said plat. The Planning Board may require said plat to be endorsed
with appropriate notes to this effect.
For provisions regarding the town's road dedication
policy, see Design Criteria and Construction Specifications for Land
Development for the Town of South Bristol.[1]
[1]
Editor's Note: The Design Criteria and Construction
Specifications for Land Development are available for inspection in
the office of the Town Clerk.
