[1]
Editor's Note: Flow charts setting forth subdivision review
procedures are included at the end of this chapter.
[Res. No. 91-96, 9-24-1996]
(a)
The purpose of the sketch plan phase is to provide the subdivider
with an opportunity to consult early and informally in the subdivision
process with the common council in order to save time and money and
to improve the opportunity for more desirable development.
(b)
A sketch plan may be submitted to the common council for informal
review for all subdivisions. The sketch plan should show the location
of the subdivision, all existing structures, wooded areas, significant
physical features, existing utilities and community resources and
the proposed pattern of lots, streets, drainage, open space, and water
and sewer facilities.
(c)
The subdivider may appear before the common council to present the
proposed sketch plan and to receive information that may be necessary
to process the request. The subdivider may meet with the common council
prior to preparing the sketch plan to discuss procedural matters as
well as pertinent development requirements and potential concerns
including, but not limited to, local development policies, the design
of streets, reservations of land, water retention facilities, drainage,
erosion control and slope stabilization measures, sewerage, water
supply and fire protection.
(d)
Subdividers of land adjoining state or city highways are advised
to consult with the resident engineer of the New York State Department
of Transportation or the city department of public works at the sketch
plan stage in order to resolve problems of street openings and/or
stormwater drainage at the earliest possible stage in the design process.
(e)
Where public utilities are involved, the subdivider's engineer should
contact the appropriate agencies for connection specifications and
capacity requirements as well as other pertinent construction standards.
(f)
The common council shall determine whether the sketch plan meets
the purposes of these regulations and if the proposal is consistent
with existing or potential development of adjacent areas and the Comprehensive
Development Plan 1990-2010. The common council shall inform the applicant
of the actions to be taken to meet the requirements of these regulations.
The requirements for compliance with SEQR may also be discussed at
this stage. If it is deemed appropriate, the common council may refer
a copy of the sketch plan to the planning board or to the director
of public works or any other city official for review and comment.
(g)
Within 45 days following the receipt of a complete sketch plan, the
common council shall consider and transmit a written report to the
applicant containing its comments concerning the design of the proposed
project. Copies of minutes of relevant meetings of the common council
shall be considered a sufficient written report. The timeframe within
which the common council is required to act may be extended by mutual
consent of the common council and the applicant. In the event the
common council fails to transmit a written report within the aforementioned
45 days or such additional time as may be mutually agreed upon by
the subdivider and the common council, the subdivider shall consider
the common council to be in concurrence with the design of the proposed
subdivision for the purpose of preparing a preliminary plat.
[Res. No. 91-96, 9-24-1996]
(a)
A preliminary plat shall be prepared and submitted to the common council for all proposed major subdivisions and may be submitted for minor subdivisions. The preliminary plat shall be clearly marked "Preliminary Plat" and shall satisfy the requirements for preliminary layouts as described in article IV of these regulations. Preliminary plats should comply with the recommendations made by the common council in its report on the sketch plan. A completed environmental assessment form shall also be submitted at this time.
(b)
Ten copies of the preliminary plat and supplementary materials specified
herein shall be submitted to the common council at least 14 days prior
to the meeting at which it is to be considered.
(c)
The preliminary plat shall be accompanied by a fee to cover administrative
and inspection costs in accordance with the fee schedule adopted by
the common council.
(d)
One copy of the preliminary plat shall be returned to the applicant
with the notification of decision and one copy shall be retained by
the common council. The other copies shall be used for necessary coordination
with other agencies or consultants including the Cattaraugus County
Department of Economic Development, Planning and Tourism pursuant
to Section 239-n of the General Municipal Law.
(e)
The common council shall study the preliminary plat taking into consideration
the topography of the area, the requirements of the community and
the best design of the land proposed to be subdivided. Particular
attention shall be given to the arrangement, location and width of
streets, their relation to the topography of the land, water and sewer
services, drainage, lot sizes and arrangements, the future development
of adjoining lands as yet unsubdivided and the requirements of the
city's zoning regulations and Comprehensive Development Plan 1990-2010.
In the review of the preliminary plat, the common council may consult
with the city director of public works if such consultation is needed,
as well as with such other officials or agencies as may be appropriate.
The planning board, city director of public works or other appropriate
officials consulted with shall report to the common council concerning
the adequacy of the features shown on the preliminary plat.
(f)
Within 62 days following the receipt of a complete and satisfactory
preliminary plat and supporting documentation,* the common council
shall, pursuant to general city law, conduct a public hearing on the
proposed subdivision. The notice of hearing shall be published at
least once in a newspaper of general circulation in the city not less
than five days before such hearing.
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*Supporting documentation shall include a completed environmental assessment form or a draft environmental impact statement and appropriate actions taken in accordance with the provisions of the State Environmental Quality Review Act. (For guidance, see section 22-46 of these regulations.)
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(g)
Within 62 days following the closing of the public hearing, the common
council shall approve, with or without modification, or disapprove
such preliminary plat. The grounds for a modification or disapproval,
if any, shall be stated in the records of the common council. Notwithstanding
the foregoing provisions, the time within which the common council
must take action on such plat may be extended by mutual consent of
the subdivider and the common council. When approving a preliminary
plat, the common council shall state in writing any modification it
deems necessary prior to submission of the plat in final form.
(h)
Within five days of the decision on, the preliminary plat, the common
council shall file its decision in the office of the city clerk. In
addition, the subdivider shall be provided with written notification
of the action by the common council within five days of the decision.
In the event the common council fails to take action on a preliminary
plat within the timeframe prescribed herein, such plat shall be deemed
to have been granted preliminary approval. The certificate of the
city 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.
[Res. No. 91-96, 9-24-1996]
(a)
Within six months of receiving approval from the common council on
a preliminary plat, with or without modification, the applicant may
submit a final plat for approval by the common council. The final
plat shall be accompanied by the appropriate subdivision fees as specified
in the fee schedule adopted by the common council. Final plats may
require further review under the State Environmental Quality Review
Act (SEQR).
(b)
If more than six months have elapsed between the time of the common
council's decision on the preliminary plat and the submission of the
final plat, the common council may require resubmission of the preliminary
plat prior to accepting the proposed final plat, if it determines
that conditions affecting the plat have changed significantly in the
interim. If the common council determines that the preliminary plat
must be resubmitted, the common council shall conduct another public
hearing on the proposed subdivision.
(c)
The subdivider may choose to develop the subdivision in sections.
If sections are proposed, the developer shall submit the final plat
for a portion of the area encompassed by the preliminary plat, provided
that the proposed development sections were indicated on the preliminary
plat approved by the common council. A section shall include at least
10% of the total number of lots contained in the approved preliminary
plat.
(d)
Two reproducible mylar tracings of the final plat map plus 10 copies
of said tracing and other exhibits required for approval, as specified
herein and as otherwise required by the city, shall be submitted with
the application for final plat approval. When submitting a final plat
for common council approval, the subdivider shall also file formal
offers of dedication to the city or other appropriate public agencies
of all streets, parks and playgrounds and other permanent open spaces
for community use as well as all utilities and storm drainage facilities
as shown in the final plat. The approval of the plat does not constitute
acceptance by the city of the dedication of such facilities. Evidence
of all necessary easements or easement documents, if appropriate,
as well as any other legal documents requested by the common council
shall be submitted with the final plat.
(e)
The final plat shall conform substantially to the preliminary plat
approved by the common council. It shall incorporate any modifications
or other features that may have been specified by the common council
at the preliminary plat stage.
(f)
Within 62 days of the receipt of a complete and satisfactory final
plat which the common council deems to be in substantial agreement
with the approved preliminary plat, the common council shall by resolution
conditionally approve, with or without modification, disapprove, or
grant final approval and authorize the signing of such plat.
(g)
When a final plat is submitted which the common council deems not
to be in substantial agreement with the approved preliminary plat,
the following shall apply:
(1)
The common council shall hold a public hearing on such final
plat not later than 62 days after the receipt of the final plat. The
hearing shall be advertised at least once in a newspaper of a general
circulation in the city at least five days before such hearing.
(2)
The common council 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 date
of the public hearing. The grounds for a modification, if any, or
the grounds for disapproval shall be stated upon the records of the
common council.
(h)
Written notice of the action by the common council shall be mailed
to the applicant and filed in the office of the city clerk within
five days of the date of the action by the common council. The action
of the common council shall be recorded in the council's minutes.
In the case of the disapproval of a proposed final plat, the common
council minutes shall specify the reasons for disapproval. Notwithstanding
the foregoing provisions of this chapter, the time within which the
common council must take action on such plat may be extended by mutual
consent of the subdivider and the common council. In the event the
common council fails to take action on a final plat within the time
prescribed herein, the plat shall be considered to be approved. A
certificate of the city 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.
(i)
No development of any sort, site improvements or a building permit
for any structure within the proposed subdivision shall be issued
by the code enforcement office until the record sheet of the final
plat has been approved by the common council and the subdivision is
filed by the subdivider in the Office of the Cattaraugus County Clerk
and the libre and page numbers have been assigned by the county clerk.
If a permit is desired for the occupancy of a building in the subdivision
prior to the completion of all of the improvements shown on the approved
construction sheet of the subdivision plat, the city director of public
works shall determine that the streets and utilities serving the building
have been sufficiently completed to adequately serve the proposed
occupancy.
(j)
Every final plat submitted to the common council for its approval
shall carry the following endorsement:
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Approved by Resolution of the Common Council of the City of
Olean, New York, on the __________ day _____ of __________, subject
to all requirements and conditions of said Resolution.
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Signed this day of _________, _____, by, _____ Mayor, _____
or __________, Designee.
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(k)
If the common council conditionally approves the final plat, the
mayor or a designee may sign the plat upon the completion of the requirements
specified in the approval resolution. Within five days of granting
conditional approval, the final plat shall be certified by the mayor,
or designee, as conditionally approved. A copy of such action shall
be filed in the office of the city clerk and a copy shall be mailed
to the subdivider, including a statement listing those requirements
which, upon completion, would constitute approval of the final plat.
Upon completion of the requirements, the plat shall be signed by the
mayor or a designee. Conditional approval of a final plat shall expire
within 180 days following the date of the resolution granting conditional
approval unless all such requirements have been certified as completed.
Notwithstanding the foregoing provisions of this chapter, the common
council may extend the time within which a conditionally approved
plat must be submitted for final approval. If the common council determines
that such an extension is warranted, it may extend the date for no
more than two periods of 90 days each.
(l)
No changes, ensures, modifications, or revisions shall be made to
any final plat following approval and endorsement of said plat by
the common council. In the event that a final plat, when recorded,
contains any such changes, the plat shall be considered null and void,
and the common council shall institute proceedings to have said plat
stricken from the records of the county clerk.
(m)
An approved final plat shall be filed by the subdivider in the office
of the county clerk within 62 days following the date said final plat
is signed by the mayor or a designee, or the issuance of the certificate
by the city clerk as to the date of the submission of the final plat
and failure of the common council to take action thereon within the
time prescribed. If the final plat is not filed within this time period,
the final plat approval shall become null and void. In the event the
owner shall file only a section of an approved plat in the office
of the county clerk, the entire approved preliminary plat shall be
filed with the city clerk within 30 days of the filing of such section.
Any section of an approved final plat which is filed in the office
of the county clerk shall encompass at least 10% of the total number
of lots contained in the approved preliminary plat. The approval of
the remaining sections of the approved preliminary 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 General
City Law.
[Res. No. 91-96, 9-24-1996)
(a)
The common council shall act on minor subdivision final plats in
accordance with the provisions of this section.
(b)
Prior to submitting any request, applicants seeking approval of minor
subdivision plats are encouraged to meet with the common council to
determine whether the approval process authorized by this section
can and should be utilized. The common council may require the applicant
to submit whatever information is necessary to make this determination,
including, but not limited to, a copy of a tax map showing the land
proposed to be subdivided and all lots previously subdivided from
that tract of land.
(c)
Applicants for approval of minor subdivisions are required to submit
a map that shows all of the detail required to be shown on a final
plat map. In order to expedite the process, applicants are not required
to submit a preliminary plat. However, submission of a sketch plan
is strongly encouraged. Except for adherence to the requirement that
a public hearing be held when two or more new lots are proposed to
be created, the common council may waive some or all of the other
provisions of these regulations as they pertain to a minor subdivision.
In order to waive the regulations that ordinarily apply, the common
council shall make the determinations that, if approved, the proposed
minor subidivision would not pose any danger to health and safety
or peril from fire, flood, erosion or other menace and that no substantial
public interest would be served by strict adherence to these regulations.
(d)
Unless otherwise waived by the common council (as provided in subsection (c) above), final plats for minor subdivisions shall comply with the recommendations made by the common council as a result of its review and report on the sketch plan, if any.
(e)
Applicants for minor subdivision approval shall submit two reproducible
mylar tracings plus 10 copies of a map conforming to the requirements
for a final plat.
(f)
The final plat shall be accompanied by a fee to cover expenses associated
with administration and inspection, in accordance with the fee schedule
adopted by the common council.
(g)
The common council shall conduct a public hearing on the proposed
minor subdivision as soon as it is deemed practical by the common
council but not later than 62 days after the receipt of a complete
and satisfactory application for approval (including a completed Environmental
Assessment Form). Said hearing shall be advertised in a newspaper
of general circulation within the city at least once not less than
five days prior to the hearing.
(h)
The common council shall act on the minor subdivision proposal as
soon as it is deemed to be practical but not later than 62 days following
the public hearing. The time period within which the common council
is required to act may be extended by mutual agreement of the applicant
and the common council. In taking action, the common council shall
approve, deny or conditionally approve the proposed minor subdivision
final plat. All decisions of the common council shall be filed in
the office of the city clerk within five days of the decision. In
addition, the applicant shall be provided with notification of the
action by the common council within five days of the decision. If
the common council fails to act within the 62-day period provided
for herein (or such additional period as the city and the applicant
may mutually agree upon), the subdivision shall be deemed to be approved
and the city clerk shall issue a certificate of approval on demand.
(i)
If the subdivision is conditionally approved, the common council
shall authorize the mayor or a designee by resolution to sign the
plat upon the completion of the requirements specified in the resolution
approving the subdivision.
(j)
If the subdivision is disapproved, the common council shall furnish
the applicant with a written statement specifying the reasons for
disapproval.
(k)
Approval of any final plat is contingent upon the plat being recorded
by the subdivider in the Office of the Cattaraugus County Clerk within
62 days following the date said final plat is signed by the mayor
or a designee pursuant to the resolution of the common council. If
the final plat is not filed within this time period, the final plat
approval by the common council shall be null and void.
(l)
Unless modified or waived, the construction of any improvements or
the provision of guarantees for such improvements for a minor subdivision
shall be in accordance with the procedures and requirements specified
herein for major subdivisions.
[Res. No. 91-96, 9-24-1996]
(a)
Except for those instances which take precedence (as provided in
(b) below), the resubdivision of property affecting a change in street
layout or any area reserved for public use shall follow the same procedure
as specified elsewhere in this chapter for a subdivision. In such
instance, the number of lots affected by such resubdivision shall
determine whether it is processed as a major or minor subdivision.
(b)
A resubdivision consisting solely of the simple alteration of lots
lines and where no additional lots are proposed to be created shall
be subject to the preparation of a map by an engineer or surveyor.
Said map shall be labeled "Resubdivision Map". Once a resubdivision
map has been received, the common council shall by resolution authorize
the mayor or a designee to review the proposed resubdivision map for
the purpose of determining compliance with local zoning requirements.
Pursuant to the resolution of the common council, the mayor or a designee
shall sign the resubdivision map which may thereafter be filed by
the subdivider in the county clerk's office. Tax map numbers shall
be reassigned as necessary.
[Res. No. 91-96, 9-24-1996]
(a)
Preliminary plats and final plats, where no preliminary plat was
required, shall not be considered complete until the subdivider has
submitted all of the information required under SEQR and either a
negative declaration has been filed or a notice of completion of the
draft environmental impact statement has been filed. The time periods
for review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
(b)
If the common council is lead agency under the State Environmental
Quality Review Act (SEQR), any public hearing held by the common council
on a preliminary plat, on a final plat where no preliminary plat was
required, or on a final plat which does not substantially conform
to an approved preliminary plat, shall be coordinated with the environmental
review process as follows:
(1)
If the common council determines that the preparation of an
environmental impact statement is not required, the common council
shall issue a negative declaration and conduct the public hearing
on the proposed plat within 62 days after the receipt of a complete
preliminary plat; or,
(2)
If the common council determines that the preparation of an
environmental impact statement is required and a public hearing on
the draft environmental impact statement is held, the public hearing
on the proposed plat and the draft environmental impact statement
shall be held jointly within 62 days after the filing of the notice
of completion of such draft environmental impact statement. If no
public hearing is held on the draft environmental impact statement,
the public hearing on the proposed plat shall be held within 62 days
of filing the notice of completion.
(3)
The hearing on the proposed plat shall be advertised at least
once in a newspaper of general circulation in the city at least five
days before such hearing if held independently of the hearing on the
draft environmental impact statement, or 14 days before a hearing
held jointly therewith. The hearing on the proposed plat shall be
completed within 120 days after it has begun.
(4)
If the common council determines that an environmental impact
statement is required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing. If
no public hearing is held on the draft environmental impact statement,
the final environmental impact statement shall be filed within 62
days following the close of the public hearing on the proposed plat.
The common council shall issue findings on the final environmental
impact statement and make its decision on the proposed plat within
30 days of the filing of such final environmental impact statement.
(c)
If the common council is not lead agency under the State Environmental
Quality Review Act, any public hearing held by the common council
on a preliminary plat, on a final plat where no preliminary plat was
required, or on a final plat which does not substantially conform
to an approved preliminary plat, shall be coordinated with the environmental
review process as follows:
(1)
The common council shall, with the agreement of the lead agency,
hold the public hearing on the proposed plat jointly with the lead
agency's hearing on the draft environmental impact statement. Failing
such agreement, the common council shall hold the public hearing on
the proposed plat within 62 days after the receipt of a complete plat
by the common council.
(2)
The hearing on the proposed plat shall be advertised at least
once in a newspaper of general circulation in the city at least five
days before such hearing if held independently of the hearing on the
draft environmental impact statement, or 14 days before a hearing
held jointly therewith. The common council may provide that the hearing
be further advertised in such a manner as it deems most appropriate
for full public consideration of such plat. The hearing on the final
plat shall be completed within 120 days after it has begun.
(3)
The common council shall act on the proposed plat within 62
days after the close of the public hearing on such plat.
