The purpose of this article is to establish the procedure for
review and action on applications for subdivision approval in the
Village of Liverpool. The procedure is intended to provide orderly
and expeditious processing of such applications.
Minor subdivisions shall be processed in the following steps:
A. Sketch plan conference (optional). (See §
334-11.)
B. Application for preliminary and final plat approval.
D. Planning Board review and environmental review.
E. Public hearing. (Some steps may be concurrent.)
F. Planning Board action on final plat.
Major subdivisions shall be processed in the following steps:
A. Sketch plan conference (optional). (See §
334-11.)
B. Application for preliminary plat approval.
D. Planning Board review and environmental review.
E. Public hearing. (Some steps may be concurrent.)
F. Planning Board action on preliminary plat.
G. Application for final plat approval.
I. Public hearing (optional).
J. Planning Board action on final plat.
The New York State Department of Health, Onondaga County Highway
Department, Onondaga County Planning Board, Onondaga County Department
of Health and New York State Department of Environmental Conservation
approval may be required for any subdivision containing five or more
lots. Early contact by the applicant with these departments is advised.
A subdivision application shall be considered complete for purposes of commencing the applicable time period for action when certified as complete by the Planning Board. In the event that such certification is not made within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information specified in Article
IV of this chapter and the information lacking is provided, in writing, to the applicant by the Clerk of the Planning Board, the Village Engineer, or the Code Enforcement Officer. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the law, as is reasonably necessary to make an informed decision. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents.
The time periods prescribed herein within which the Planning
Board must take action on a preliminary plat or a final plat are specifically
intended to provide the Planning Board and the public adequate time
for review and to minimize delays in the processing of subdivision
applications. Such periods may be extended only by mutual consent
of the applicant and the Planning Board. In the event that the Planning
Board fails to take action on a preliminary plat or a final plat within
the time prescribed therefor after completion of all requirements
under the State Environmental Quality Review Act or within such extended
period as may have been established by the mutual consent of the applicant
and the Planning Board, such preliminary or final plat shall be deemed
granted approval. The certificate of the Village Clerk as to the date
of submission of the preliminary or final plat 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.
Within five business days from the date of the adoption of the
resolution approving the final plat, the Chairman of the Planning
Board or other duly authorized Village official shall cause a copy
of such resolution to be filed in the office of the Village Clerk.
When the County Planning Board has been authorized to review
subdivision plats pursuant to § 239-n of the General Municipal
Law of the State of New York, the Code Enforcement Officer shall refer
all applicable preliminary and final plats to the County Planning
Board as provided in that section.
The applicant shall file in the office of the County Clerk 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 Planning
Board of the development of a plat or plats already filed in the office
of the County Clerk if such plats are entirely or partially undeveloped;
or the certificate of the Village 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 that the applicant shall
file only a section of such approved plat in the office of the County
Clerk, the entire approved plat shall be filed within 30 days of the
filing of such section with the Village Clerk. 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 Subdivision 2 of § 7-728 of the Village Law of the State
of New York.
In order that the Village has the assurance that construction
and installation of public improvements will be guaranteed, the applicant
shall enter into one of the following agreements with the Village:
A. Construct all public improvements as required by this chapter and
by the Planning Board prior to issuance of a building permit; or
B. In lieu of the completion of the improvements prior to issuance of a building permit, furnish guaranty as provided in Article
VI of this chapter.
If at any time before or during construction of the public improvement
it is demonstrated that unforeseen conditions make it necessary to
modify the location or design of public improvements, the Code Enforcement
Officer or Village Engineer may authorize such modifications, provided
that these modifications are within the spirit and intent of the Planning
Board's approval and do not substantially alter the function
of any such improvement required by the Planning Board. Any such authorization
issued under this section shall be in writing.
The owner of an approved subdivision may abandon such subdivision
pursuant to the provisions of § 560 of the Real Property
Tax Law of the State of New York.