The following procedures are specified for the guidance of the
subdivider. Since the development of land affects many aspects of
community growth, the subdivider is advised to consult with officials
concerned with engineering, health, assessments, schools, recreation
and other public functions in addition to those designated in this
chapter. The procedures are divided into five parts, as follows.
[Added 5-1-2000 by L.L. No. 1-2000[1]]
A.
Upon receipt of a request for a simple subdivision as defined in § 144-3 above, including a location survey plan map showing all buildings, easements, existing infrastructure, existing and proposed lot lines, as well as receipt of the fee therefor as specified by the Town Board, the Town Zoning Enforcement Officer shall review such request and approve the same, providing that the proposed simple subdivision plan map complies with all Town zoning and other laws, rules and regulations.
B.
In the event that such subdivision plan map does not comply with
all Town zoning and other laws, rules and regulations, the Zoning
Enforcement Officer shall disapprove such request and advise of the
nature of the defect.
C.
Upon approval of a simple subdivision, the Zoning Enforcement Officer
shall endorse said map, indicating his approval for filing in the
County Clerk's office pursuant to the authority of this Code.
D.
The applicant for simple subdivision approval shall provide such
number and type of copies of the approved plan as the Zoning Enforcement
Officer shall specify for the Town's records.
E.
Notwithstanding the above, the Code Enforcement Officer may, in his
sole discretion, refer any such request to the Planning Board for
its advice and/or approval.
[1]
Editor's Note: This local law provided that it shall
supersede Town Law Article 16, particularly §§ 276,
277 and 278 thereof, to the extent that it is inconsistent therewith.
A.
Prior to applying for approval of a preliminary plat, the subdivider shall submit to the Planning Board a sketch plan and data as specified in Article V.
B.
The Planning Board shall designate a date for a conference with the
subdivider, which date shall be within 30 days from the date of submission,
notice of which shall be given not less than 10 days prior to such
conference.
C.
The subdivider and the Planning Board, or its designated representatives,
shall discuss the property with respect to zoning requirements; existing
private and public developments, facilities and services and those
proposed by any Master Plan or contemplated by any public agency;
and any special community or site problems that may be encountered
of which the Planning Board has knowledge.
D.
Possible changes or modifications in the sketch plan shall be discussed
if the plan, as submitted, does not meet the objectives or standards
of this chapter.
A.
The subdivider shall consult with the Onondaga County Department
of Health if his proposed subdivision consists of five or more lots.
B.
If the subdivision is to utilize a form of subsurface leaching for
waste disposal, percolation tests shall be made before the subdivider
proceeds to the preparation of the preliminary plat.
C.
If the installation of a sewer system is involved, the subdivider
shall consult with the County Public Works Department.
D.
The subdivider shall submit to the Planning Board a preliminary plat, together with supplementary materials as specified in Article V.
E.
Four copies of the preliminary plat and all required supplementary
material, together with two copies of the application for tentative
approval, shall be submitted.
F.
The subdivider shall pay a fee in an amount as set from time to time
by the Town Board to cover a portion of the cost of administration
of this chapter.
[Amended 12-4-1995 by L.L. No. 5-1995]
G.
A preliminary plat of a subdivision showing proposed new streets
or building sites having frontage on or access to or otherwise directly
related to any county road shown on the County Official Map (highways)
shall be submitted by the Planning Board to the Onondaga County Department
of Planning for review as provided by § 239-k of the General
Municipal Law.[1]
[1]
Editor's Note: Section 239-k of the General Municipal Law
was repealed by L. 1997, c. 451, § 2, effective 7-1-1998.
See now General Municipal Law § 239-f.
H.
The Planning Board shall review the preliminary plat and other material
submitted for conformity with this chapter and with preliminary agreements
reached with the subdivider and for the type and extent of improvements.
I.
Within 45 days from the date of submission of the preliminary plat,
which period may be extended with the subdivider's consent, the
Planning Board shall take action to conditionally approve, with or
without modifications, or disapprove such preliminary plat, and the
grounds for any modifications required or the grounds for disapproval
shall be stated upon the records of the Planning Board. Failure of
the Planning Board to act within such forty-five-day period shall
constitute a conditional approval of the preliminary plat.
J.
For any subdivision or portion of a subdivision, the Planning Board
will state, in writing, the character and extent of the public improvements
required by statute for which waivers may have been requested by the
subdivider and which in the opinion of the Planning Board may be waived
without jeopardy to public health, safety, morals and general welfare
or which are inappropriate because of inadequacy or lack of connecting
facilities adjacent to or in proximity to the proposed subdivision.
K.
Approval of a preliminary plat shall not constitute approval of the
final plat. Rather, it shall be deemed an expression of approval of
the layout submitted on the preliminary plat as a guide to be closely
followed in the preparation of the final plat, which will be submitted
by the subdivider to the Planning Board for approval and for recording
upon fulfillment of the requirements of this chapter and the conditions
of approval, if any.
L.
Approval of the preliminary plat may not be revoked by the Planning
Board unless a substantial change in the character of the area or
the availability of new information about the site and its surroundings
indicates the unsuitability of the development as shown on the preliminary
plat. Before such revocation, the subdivider shall be informed, in
writing, of the reasons therefor and shall be given an opportunity
to be heard before the Planning Board.
M.
Approval of a preliminary plat shall expire after six months from
the date of approval. Extensions for periods of six months may be
granted by the Planning Board upon application. Such applications
for extensions shall be granted unless changed conditions or new information
indicates the unsuitability of the development as shown on the preliminary
plat.
N.
Submission of preliminary plats. All plats shall be submitted to the Planning Board for the approval in final form. However, in the case of a major subdivision, the owner may submit a preliminary plat for consideration. Such a preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in this chapter. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 165, Zoning, Article VI, Stormwater Management and Erosion and Sediment Control, of the Town Code shall be required for preliminary plat approval. The SWPPP shall meet the performance and design criteria and standards of Chapter 165, Article VI, of the Town Code. The approval of preliminary subdivision plats shall be consistent with Local Law No. 2 of 2007.
[Added 2-5-2007 by L.L. No. 2-2007]
A.
The final plat shall conform substantially to the preliminary plat,
as approved, and, if desired by the subdivider, it may constitute
only that section of the approved preliminary plat which he proposes
to record and develop at the time; provided, however, that such section
comprises at least 10% of the total number of lots shown on said preliminary
plat.
B.
Four cloth-backed copies of the final plat and all required supplementary material, as specified in Article V, together with two copies of the application for final approval, shall be submitted. This application, copies of the final plat and any supplementary material shall be received within six months of approval of the preliminary plat unless an extension of time is applied for and granted by the Planning Board.
C.
At the time of filing the final plat, the subdivider shall also submit
the following:
(1)
A certificate as to adequacy of the proposed water supply and sewerage
system by the Onondaga County Department of Health and the New York
State Water Resources Commission, where applicable.
(2)
A certificate by a licensed professional engineer that any required
improvements constructed by the subdivider have been designed and
inspected and meet the minimum standards in this chapter or as otherwise
required by law.
(3)
A performance bond, approved by the Planning Board and the Town Board
as to form, sufficiency, manner of execution and surety, for the completion
of such required improvements as have not been constructed.
(4)
Offers of cession, in a form certified as satisfactory by the Town
Attorney, of all land to be dedicated for streets, highways, easements,
parks or other public facilities.
(5)
A certified check, in the amount of 1% of the cost of the required
improvements, as determined by the Town Engineer, to meet the costs
of inspection of required improvements, unless the improvements are
to be provided by special district.
(6)
Drawings, certified by a licensed land surveyor, showing the location
of all improvements as may have been constructed prior to final plat
submission.
(7)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 165, Zoning, Article VI, Stormwater Management and Erosion and Sediment Control, of the Town Code and with the terms of preliminary plat approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design standards contained in Chapter 165, Article VI, and in Local Law No. 2 of 2007. Final plat approval shall be consistent with said Chapter 165, Article VI, of the Town Code and said local law.
[Added 2-5-2007 by L.L. No. 2-2007]
D.
A public hearing shall be held by the Planning Board within 30 days
after the time of submission of a plat in final form for approval,
which hearing shall be advertised in a newspaper of general circulation
in such Town at least five days before such hearing. The applicant/subdivider,
in turn, shall be responsible for notifying, by certified mail, all
property owners of record within 1,000 feet of the boundary line of
the property to which the application relates of the time, date and
place of such public hearing at least 10 days prior to such hearing.
Notice shall be deemed to have been given if mailed to the property
owner at the tax billing address listed on the property tax records
of the Town Assessor. At least seven days prior to such public hearing,
the applicant shall file with the Planning Board an affidavit verifying
that notice was properly mailed to nearby property owners. Failure
of the property owners to receive such notice shall not be deemed
a jurisdictional defect.
[Amended 12-2-2013 by L.L. No. 6-2013]
E.
The Planning Board, within 45 days from and after the time of the
hearing for the final plat, shall approve, modify and approve or disapprove
such plat. If the final plat is approved, the Planning Board shall
make an appropriate notation to that effect on the face of the original
drawing or on the cloth prints. Three copies will be retained by the
Planning Board.
F.
In the event that such hearing shall not be held or that such plat
shall not have been disapproved after such hearing within the time
prescribed therefor, such plat shall be deemed to have been approved,
and the certificate of the Clerk of such Town as to the date of submission
or hearing for the approval or disapproval of the plat, as the case
may be, and the failure to take action thereon within such time shall
be issued on demand and shall be sufficient in lieu of the written
endorsement or other evidence of approval herein required. The grounds
of refusal of any plat submitted shall be stated upon the records
of such Planning Board.
G.
The approval by the Planning Board of a plat showing lots, blocks
or sites, with or without streets or highways, or the approval by
such Board of the development of a plat or plats already on file in
the office of the Clerk of the county in which such plat or plats
are situated or the certificate of the Town as to the date of the
submission for which no hearing was duly held or the date of the hearing
for the approval or disapproval of such plat, as the case may be,
and the failure of the Planning Board to take action thereon within
the time prescribed shall expire 90 days from the date of such approval
or of such certificate, unless within such ninety-day period such
plat or a section thereof shall have been duly filed or recorded by
the owner in the office of the County Clerk or duly filed or recorded
by the owner in the office of the County Clerk or register. Prior
to granting its approval, the Town Planning Board may permit the plat
to be subdivided into two or more sections as it may deem necessary
to assure the orderly development of the plat. Approval of the sections,
subject to any conditions imposed by the Board, shall be granted concurrently
with the approval of the plat. If the owner shall file only a section
of an approved plat within such ninety-day period, 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 provision
of Subdivision 2 of § 265-a of the Town Law. In the event
that 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.
H.
Within 30 days from the recording of the final plat or any approved
section thereof, the owner shall file with the Planning Board a photostat
copy of the plat certified by the County Clerk to be a true copy of
the recorded plat.
I.
In the event of disapproval, the grounds for such action shall be
stated in the records of the Planning Board, and a copy of such decision
shall be sent to the subdivider.
J.
Drawings showing the location of all required improvements as built
shall be certified by a licensed land surveyor or licensed engineer
and filed with the Planning Board within 30 days prior to the acceptance
of the improvements by the Town. Until such as-built plans are filed,
no performance bond guaranteeing the completion of such improvements
shall be released.
K.
Performance bonds may be changed only under the provisions of § 277
of the Town Law.
A.
When authorized by the Town Board through resolution, the Planning Board may, at the time of plat approval, modify applicable provisions of Chapter 165, Zoning. Such modifications shall be made only for land zoned for residential purposes and only for such areas of the Town as shall be specified by the Board in its resolution of authorization.
B.
If the owner makes written application for the use of this procedure,
it may be followed at the discretion of the Planning Board if, in
its judgment, its application would benefit the Town.
C.
The subdivider shall submit a proposed site plan showing areas within
which structures may be located, the height and spacing of buildings,
open spaces and their landscaping, off-street open and enclosed parking
spaces, streets, driveways and all other physical features of the
proposed development. The subdivider shall also submit a statement
setting forth the nature of any requested zoning modifications, changes
or supplementations as are not shown on the site plan.
D.
The dwelling units permitted may be, at the discretion of the Planning
Board and subject to any conditions set forth by the Town Board in
its resolution, in detached, semidetached, attached or multistory
structures.
E.
In the event that the application of this procedure results in a
plat showing lands available for park, recreation, open space or other
municipal purposes directly related to the plat, then the Planning
Board, as a condition of plat approval, shall establish such conditions
on the ownership, use and maintenance of such lands as it deems necessary
to assure the preservation of such lands for their intended purposes.
The Town Board may require that such conditions shall be approved
for recording.
