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 each subdivision or any part thereof is made, and before any permit required for site development or the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedures.
A. 
Preapplication conference. Prior to the submission of any official application, prospective subdividers shall attend one of the regular meetings of the Zoning Board of Appeals to discuss the general requirements and design standards for subdivisions, the classifications of subdivisions and application procedures.
B. 
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing or combining parcels of land, submit to the ZEO or Zoning Board of Appeals Chair at least 10 days prior to the regular meeting of the Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 139-74.
C. 
Discussion of requirements. The subdivider or his duly authorized representative shall attend the meeting of the Zoning Board of Appeals to discuss the requirements of these regulations and the submission of information necessary to satisfy the New York State Environmental Quality Review Act (SEQRA) (e.g., to determine mitigation of proposed development impact, street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information).
D. 
Study of sketch plan. The Zoning Board of Appeals shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific recommendations in writing, to be incorporated by the applicant in the next submission to the Zoning Board of Appeals.
A. 
Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act (SEQRA), requires that all local governments evaluate the environmental impacts of their own acts and those of persons seeking funding or permits from them. Article 8 and Part 617 of Title 6 of the New York Codes, Rules and Regulations under the Act, and subsequent amendments, are adopted herein by reference.
B. 
All subdivisions shall require submission of an environmental assessment form (EAF) for review by the Zoning Board of Appeals (e.g., full EAF or short-form EAF). Using this form, together with any other available information, the Zoning Board of Appeals shall determine whether or not the proposed action may have significant effect on the environment (e.g., Type I action, Type II action or unlisted action).
C. 
An application for subdivision review shall not be considered complete until such time as the provisions of SEQR as described in Part 617 of Title 6, NYCRR, have been complied with.
A. 
Application and fee.
(1) 
Prior to the filing of an application for the approval of a subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in § 139-75 hereof. The preliminary plat shall in all respects comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and § 139-75 of these regulations, except where a waiver may be specifically authorized by the Zoning Board of Appeals.
(2) 
The application for approval of the preliminary plat shall be accompanied by a fee of $25, plus $150 per lot for each lot in the proposed subdivision.
(3) 
Any costs incurred by the Zoning Board of Appeals due to the need for consulting services or other review costs in excess of the amount of the initial application fee shall be paid by the applicant.
B. 
Number of copies. Five copies of the preliminary plat shall be presented to the Clerk of the Zoning Board of Appeals at the time of submission of the preliminary plat.
C. 
Subdivider to attend Zoning Board of Appeals meeting. The subdivider or his duly authorized representative shall attend the meeting of the Zoning Board of Appeals to discuss the preliminary plat.
D. 
Study of preliminary plat. The Zoning Board of Appeals 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, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Town of Vernon Community Comprehensive Plan (adopted by resolution November, 2005) and the Town Zoning Ordinance.
E. 
When officially submitted, the time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 139-75 of these regulations, has been filed with the Clerk of the Zoning Board of Appeals.
F. 
Approval of the preliminary plat.
(1) 
Within 62 days after the receipt of such preliminary plat by the Clerk of the Zoning Board of Appeals, the Zoning Board of Appeals shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. The Zoning Board of Appeals may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. Prior to the granting of preliminary plat approval, all information necessary for the Zoning Board of Appeals to make a determination of significance under SEQRA shall be satisfied. Upon submission of a complete application, a determination of significance and receipt of a recommendation from the Oneida County Department of Planning under §§ 239-l, 239-m and 239-n of the General Municipal Law, the requirements for plat approval shall be met. Within 62 days after the date of such hearing, the Zoning Board of Appeals shall approve with or without modification or disapprove such preliminary plat, and the ground of a modification.
(2) 
When granting approval to a preliminary plat, the Zoning Board of Appeals shall state the terms of such approval, if any, with respect to: the modifications to the preliminary plat; the character and extent of the required improvements which in its opinion may be waived without jeopardy to the public health, safety, morals and general welfare; and the amount of improvement or the amount of all bonds thereof which it will require as prerequisite to the approval of the subdivision plat. Preliminary plat approval shall not be granted, based upon conditions relating to SEQRA requirements. Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design (e.g., footprint) submitted on the preliminary plat as a guide to the preparation of the plat, which will be submitted for approval of the Zoning Board of Appeals and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the subdivision plat, the Zoning Board of Appeals may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.
A. 
Application for approval and fee.
(1) 
The subdivider shall, within six months after the approval of the preliminary plat, file with the Zoning Board of Appeals an application for approval of the subdivision plat in final form, using the approved application blank available from the Clerk of the Zoning Board of Appeals. All applications for plat approval for subdivisions shall be accompanied by a fee of $100. Any costs incurred by the Zoning Board of Appeals due to the need for consulting services or other review costs in excess of the amount of the initial application fee shall be paid by the applicant.
(2) 
If the final plat is not submitted within six months after the approval of the preliminary plat, the Zoning Board of Appeals may refuse to approve the final plat and require resubmission of the preliminary plat.
B. 
Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Zoning Board of Appeals shall provide the Clerk of the Board with a copy of the application and three copies (one copy in ink on linen or an acceptable equal) of the plat, the original and one true copy of all offers of cession, covenants, easements and agreements and two prints of all construction drawings.
C. 
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for approval of the subdivision plat, complete, including all information necessary to make a determination of significance and accompanied by the fee and all data required by § 139-75 of these regulations, has been filed with the Clerk of the Zoning Board of Appeals.
D. 
Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Oneida County Department of Health and/or the New York State Department of Environmental Conservation. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Town, county and state agencies. Endorsement and approval by the Oneida County Department of Health and/or the New York State Department of Environmental Conservation shall be secured by the subdivider before official submission of the subdivision plat. All recommendations by the Oneida County Planning Department under General Municipal Law §§ 239-l, 239-m and 239-n shall be received prior to action on the proposed plat.
E. 
Public hearing. Within 62 days of the submission of a plat in final form for approval, a public hearing shall be held by the Zoning Board of Appeals. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that when the Zoning Board of Appeals deems the final plat to be in substantial agreement with a preliminary plat approved under § 139-59 of this article and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Zoning Board of Appeals may waive the requirement for such public hearing.
F. 
Action on proposed subdivision plat.
(1) 
The Zoning Board of Appeals shall by resolution approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Clerk of the Zoning Board of Appeals if no hearing is held or, in the event a hearing is held, within 62 days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Zoning Board of Appeals. Failure to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat.
(2) 
Conditional approval.
(a) 
Upon resolution of conditional approval of such final plat, the Zoning Board of Appeals shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Clerk of the Zoning Board of Appeals as conditionally approved and a copy filed in his office, and a copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. The final plat will be filed with the CEO/ZEO upon approval. Conditional approval shall not be granted for:
[1] 
Resolution of engineering issues or issues involving public health, safety, and welfare by the Town's Engineer or professional consultants.
[2] 
Issues affecting a determination of significance under SEQRA.
(b) 
Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Zoning Board of Appeals. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Zoning Board of Appeals may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.
A. 
Improvements and performance bond.
(1) 
Before the Zoning Board of Appeals grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1)(a) or (b) below:
(a) 
In an amount set by the Zoning Board of Appeals, the subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements or file a performance bond with the Town Clerk to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 277 of the Town Law and, further, shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Zoning Board of Appeals may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.
(b) 
The subdivider shall complete all required improvements to the satisfaction of the Town Highway Superintendent, who shall file with the Zoning Board of Appeals a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not so completed, the subdivider shall file a bond or certified check with the Town Clerk, covering the costs of such improvements and the cost of satisfactorily installing any improvements not approved by the Town Highway Superintendent. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety.
(2) 
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Highway Superintendent and a map satisfactory to the Zoning Board of Appeals has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(1)(b), then said map shall be submitted prior to endorsement of the plat by the appropriate Zoning Board of Appeals officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1)(a), such bond shall not be released until such a map is submitted.
B. 
Modification of design of improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Town Highway Superintendent that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Highway Superintendent may, upon approval by a previously delegated member of the Zoning Board of Appeals, authorize modifications, provided that these modifications are within the spirit and intent of the Zoning Board of Appeals's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Town Highway Superintendent shall issue any authorization under this subsection in writing and shall transmit a copy of such authorization to the Zoning Board of Appeals at its next regular meeting.
C. 
Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall pay to the Town Clerk the inspection fee required by the Town Board and shall notify the Town Board in writing of the time when he proposes to commence construction of such improvements so that the Town Board may cause inspection to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Zoning Board of Appeals.
D. 
Proper installation of improvements. If the Town Highway Superintendent shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, Building Inspector and Zoning Board of Appeals. The Town Board then shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the Town's rights under the bond. No plat shall be approved by the Zoning Board of Appeals as long as the subdivider is in default on a previously approved plat.
A. 
Final approval and filing. Upon completion of the requirements in §§ 139-60 and 139-61 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Zoning Board of Appeals and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not filed or recorded within 60 days of the date upon which the plat is approved, or considered approved by reasons of the failure of the Zoning Board of Appeals to act, shall become null and void.
B. 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Zoning Board of Appeals and endorsed in writing on the plat unless the plat is first resubmitted to the Zoning Board of Appeals and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
A. 
Public acceptance of streets. The approval by the Zoning Board of Appeals of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement or other open space shown on such subdivision plat.
B. 
Ownership and maintenance of recreation areas. When a park, playground or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the Town of such area. The Zoning Board of Appeals shall require the plat to be endorsed with appropriate notes to this effect. The Zoning Board of Appeals may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.
A. 
To meet the Town's growing need for future recreational facilities generated by residential growth, the Town of Vernon shall require the reservation and dedication of at least 10% of the area of land to be subdivided for park, playground, recreation, open land or other public purposes. In locating lands to be reserved and dedicated, the Board shall consider preservation of special environmental and geographic features, unsuitability of certain lands for building purposes, future expansion of public use lands upon development of adjoining areas, the most appropriate type of public land use to the area and the conditions necessary to preserve access, use and maintenance of such lands for their intended purpose.
B. 
Such lands may be retained in private ownership, provided that they are permanently dedicated and maintained for their intended use by recorded covenant and security deemed adequate to the Town Board. Alternatively, lands may be offered to the Town as a gift to be accepted at the discretion of the Vernon Town Board.
C. 
In the event that the Zoning Board of Appeals determines that reservation of land of adequate size and suitable purpose cannot be practically located in a proposed subdivision, the Board may condition its approval of the subdivision upon payment to the Town of a fee of $350 per lot, which sum shall constitute a trust fund of the Town to be used exclusively for the acquisition and development of parks, playgrounds, recreation or open land areas in the Town as near as practicable in the general vicinity of and for the benefit of occupants of the subdivision from which the sum was derived.
Whereas pursuant to resolution of the Town Board the Zoning Board of Appeals is empowered to modify applicable provisions of the Zoning Ordinance in accordance with the provisions of § 281 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the procedure and standards:
A. 
Request for subdivider. A subdivider may request the use of § 281 of the Town Law of New York State simultaneously with or subsequent to presentation of the sketch plan as per procedures described in this article. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
B. 
Sketch plan. A subdivider shall present, along with a proposal in accordance with the provisions of § 281 of the Town Law of New York State, a standard sketch plat which is consistent with all the criteria established by these Subdivision Regulations, including but not limited to streets being consistent with the street specifications and lots being consistent with the Zoning Ordinance.
C. 
Park, recreation, open space or other municipal purposes. If the application of this procedure results in a plat showing land available for park, recreation, open space or other municipal purposes directly related to the plat, then conditions as to ownership, use and maintenance of such lands as are necessary to assure the preservation of such lands for their intended purposes shall be set forth by the Zoning Board of Appeals.
D. 
Plat submission. Upon a determination that such sketch plat is suitable for the procedures under § 281 of the Town Law of New York State and subsequent to the resolution authorizing the Zoning Board of Appeals to proceed, a preliminary plat meeting all of the requirements of the resolution shall be presented to the Zoning Board of Appeals, and thereafter the Zoning Board of Appeals shall proceed with the required public hearings and all other requirements of these regulations.
E. 
Filing, notation on Zoning Map. Upon the filing of a plat in the office of the County Clerk in which § 281 of the Town Law of New York State has been used, the subdivider shall file a copy with the Town Clerk, who shall make appropriate notations and reference thereto in the Town Zoning Ordinance Map. The Secretary of the Zoning Board of Appeals shall notify the Town Enforcement Officer when such a plat is filed.