The following procedure is 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,
fire protection and other public functions in addition to those designated
in these regulations.
[Added 12-7-2000 by L.L. No. 4-2000[1]]
A.
Upon receipt of a request for a simple subdivision as defined in § 81-5 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 Code 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.
[Amended 4-21-2005 by L.L. No. 2-2005]
B.
In the event that such subdivision plan map does not comply with
all Town zoning and other laws, rules and regulations, the Code Enforcement
Officer shall disapprove such request and advise of the nature of
the defect.
[Amended 4-21-2005 by L.L. No. 2-2005]
C.
Upon approval of a simple subdivision, the Code Enforcement Officer
shall endorse said map indicating his approval for filing in the County
Clerk's office pursuant to the authority of this Code.
[Amended 4-21-2005 by L.L. No. 2-2005]
D.
The applicant for simple subdivision approval shall provide such
number and type of copies of the approved plan as the Code Enforcement
Officer shall specify for the Town's records.
[Amended 4-21-2005 by L.L. No. 2-2005]
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 any and all provisions of Town Law Art. 16 as created by
the Laws of 1932, Chapter 634, as amended from time to time, to the
extent that this law is inconsistent therewith, and particularly §§ 276,
277 and 273 thereof.
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.
A.
The subdivider shall file an application for the approval of the
preliminary plat with the Planning Board. Said application shall include
an application fee in an amount established by the Town Board.
B.
The subdivider shall consult with the Oswego County Department of
Health if his proposed subdivision consists of five or more lots.
C.
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.
D.
If the installation of sanitary sewerage system is involved, the
subdivider shall consult with the Oswego County Department of Health
and the Town Engineer.
E.
If the installation of a water main is involved, the subdivider shall
consult with the Department of Health and the Town Engineer.
F.
The subdivider shall consult the Town Engineer concerning storm drainage.
G.
The subdivider shall indicate on the preliminary plan the general
soils condition to be encountered within the proposed subdivision.
The Town Engineer shall review this information together with other
soils information and forward his or her remarks to the Planning Board.
H.
The subdivider shall adhere to the standard specifications for construction
of highways, utilities and appurtenances on file at the Town of Schroeppel
Town Clerk's office.
I.
The subdivider shall submit to the Planning Board 15 paper copies of the preliminary plat, the street profiles and all required supplementary materials as specified in Article V and an application for approval.
J.
A preliminary plat of a subdivision showing proposed new streets
or building sites having frontage on, access to or otherwise directly
related to any county road shown on any county official map shall
be submitted by the Planning Board to the County Commissioner of Planning
and the County Superintendent of Highways for review as provided by
§ 239-k of the General Municipal Law,[1] if applicable.
[1]
Editor's Note: Section 239-k of the General Municipal Law
was repealed by L. 1997, c. 451, § 2, eff. 7-1-1998. See now
§ 239-f of the General Municipal Law.
K.
Submission to other agencies.
(1)
The Planning Board shall submit the preliminary plat to the following
agencies for review and comments:
(a)
Town Superintendent of Highways, if an existing or proposed
Town highway is involved.
(b)
Town Code Enforcement Officer.
(c)
Fire Department.
(d)
Town Recreation Department, if the subdivision involves 20 acres
or more, or if the subdivision is adjacent to an existing recreational
area.
(e)
Town Engineers.
(f)
Oswego County Highway Department, if a county highway is involved.
(g)
New York State Department of Transportation, if a state highway
is involved.
(h)
Oswego County Health Department.
(2)
The Planning Board shall request that all comments be returned within
21 days from the date of the letter of transmittal of the Planning
Board. Failure on the part of any reviewing agency to respond within
the above-mentioned period shall be deemed by the Planning Board to
be an acknowledgment by the agency that it finds the preliminary plat
acceptable.
L.
Within 45 days from the date of submission of the application for preliminary plat approval, but not prior to receipt of comments from the agencies mentioned in Subsection K(1) above, the Planning Board shall hold a public hearing thereon, notice of which hearing shall be advertised once in a newspaper of general circulation in the Town at least five days before the hearing.
M.
Approval or disapproval.
(1)
Within 45 days after the date of such hearing, the Planning Board
shall approve, with or without modification, or disapprove such preliminary
plat, and the ground of a modification, if any, or the ground for
disapproval shall be stated upon the records of the Planning Board.
Notwithstanding the foregoing, the time in which the Planning Board
must take action on such plat may be extended by mutual consent of
the subdivider and the Planning Board. When so approving a preliminary
plat, the Planning Board shall state in writing modifications, if
any, as it deems necessary for submission of the plat in final form.
(2)
Within five days of the approval of such preliminary plat, it shall
be certified by the Secretary of the Planning Board as granted preliminary
approval and a copy filed with the Town Clerk and a certified copy
mailed to the subdivider.
(3)
Within six months of the approval of the preliminary plat, the subdivider
must submit the plat in final form, together with the final offers
of cession of all sewers, drains, water mains and all land included
in streets, utility easements, easements, parks or other public areas,
not specifically reserved by him. If such plat is not so submitted,
approval of the preliminary plat may be revoked by the Planning Board.
(4)
In the event that the Planning Board fails to take action on a preliminary
plat within the time prescribed therefor, such plat shall be deemed
granted preliminary approval. The certificate of the Clerk of the
Town 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.
The subdivider shall file an application for the approval of the
final plat with the Planning Board. Said application shall include
an application fee in an amount established by the Town Board.
B.
Fifteen paper copies of the final plat, the street profiles, final grading plan and all required supplementary material as specified in Article V, together with 15 copies of the application for final approval, shall be submitted.
C.
The final plat shall conform substantially to the preliminary plat,
as approved and modified in accordance with the requirements of the
approval given to the preliminary plat if the preliminary plat was
approved with modifications.
D.
At the time of filing the final plat, the subdivider shall also submit
certificates as to adequacy of the proposed water system and sewerage
system by the Oswego County Department of Health or such other agencies
as shall have jurisdiction.
F.
Prior to final plat approval by the Planning Board, the Town Board's
designated legal counsel shall determine that all offers of cession,
as required by these regulations, are in order.
G.
Hearing; approval or disapproval.
(1)
Within 45 days of the submission of a plat in final form for approval by the Planning Board, a hearing shall be held by the Planning Board, which 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 Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 81-8 of this article and modified in accordance with requirements of such approval, the Planning Board may waive requirement for such public hearing.
(2)
The Planning Board shall by resolution conditionally approve, conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of such plat within 45 days of its receipt
by the Planning Board if no such hearing is held, or in the event
that such hearing is held, within 45 days after the date of such hearing.
Notwithstanding the foregoing provisions of this subsection, the time
in which the Planning Board shall take action on such plat may be
extended by mutual consent of the subdivider and the Planning Board.
In the event that the Planning Board fails to take action on a final
plat within the time prescribed therefor, the plat shall be deemed
approved, and a certificate of the Clerk of the Town 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.
(3)
Upon resolution of conditional approval of such final plat, the Planning
Board shall empower the Planning Board Chairman to sign the plat subject
to completion of such requirements as may be stated in the resolution.
Within five days of such resolution, the plat shall be certified by
the Secretary of the Planning Board as conditionally approved and
a copy filed with the Town Clerk 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 the completion of such requirements, the plat shall
be signed by said Chairman of the Planning Board. Conditional approval
of a final plat shall expire within 180 days after the date of the
resolution granting conditional approval unless such requirements
have been certified as completed.
H.
Notwithstanding the foregoing provisions of this section, 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 additional periods of 90 days each.
I.
Prior to granting conditional or final approval of a plat in final
form, the Planning Board may permit the plat to be subdivided into
two or more sections and may in its resolution granting conditional
or final approval state that such requirements as it deems necessary
to ensure the orderly development of the plat be completed before
such sections may be signed by the Chairman of the Planning Board.
Conditional or final approval of the sections of a final plat, subject
to any conditions imposed by the Board, shall be granted concurrently
with conditional or final approval of the plat.
J.
The signature of the Chairman of the Planning Board constituting
final approval by the Planning Board of a plat showing lots, blocks
or sites, with or without streets or highways, or the certificate
of the Town as to the date of the submission of the final plat and
the failure of the Planning Board to take action thereon within the
time prescribed shall expire within 60 days from the date of such
approval, or from the date such certificate is issued, unless, within
such sixty-day period, such plat or a section thereof shall have been
duly filed or recorded by the subdivider in the office of the County
Clerk. In the event that the subdivider 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 Town Clerk of the Town of Schroeppel. 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 § 265-a of the
Town Law of the State of New York.
K.
When the final plat has been granted approval, the subdivider shall
submit one reproducible copy, three cloth-backed copies and four paper
copies of each drawing within 30 days to the Planning Board.
A.
The subdivider shall not perform any on-site construction, including
but not limited to grading, roadwork and utility installation, until
he executes and files with the Town Board, in form and amount satisfactory
to said Board and its representatives, all the items and documents
hereinafter set forth. This provision shall not be construed as prohibiting
surveying, staking and other layout or soil testing work which does
not materially change site contours or remove or destroy the vegetative
cover.
(1)
In the case of a subdivision, all lots of which have frontage on existing public roads and any of which require utility or drainage construction, the subdivider shall file, at the time of or prior to final approval by the Planning Board, utility and drainage construction agreements together with such security as hereinafter set forth in §§ 81-12 and 81-13 of this article or as may be required by the Town Board.
(2)
In the case of a subdivision, all lots of which require the construction of new interior roads, the subdivider shall file the agreements listed in the preceding Subsection A(1), plus a highway construction and maintenance agreement and certificates of insurance and such security as hereinafter set forth in §§ 81-12 and 81-13 of this article or as may be required by the Town Board. The subdivider may file such items and documents after final approval, but must do so prior to the commencement of construction.
(3)
In the case of a subdivision having both lots fronting on existing public roads and lots requiring the construction of new interior roads, the subdivider shall file those agreements listed in the preceding Subsection A(1) with respect to those lots fronting on existing public roads and shall do so at the time of or prior to final approval by the Planning Board. With respect to those lots requiring the construction of new interior roads, the subdivider shall file those items and documents listed in the preceding Subsection A(1) and (2) prior to the commencement of any construction involving those lots.
B.
Final approval by the Planning Board and receipt by the Town of the
foregoing items and documents does not constitute acceptance by the
Town of the dedication of any street, utility, park or other public
open space.
A.
The subdivider must commence the subdivision within three years from
the date of final approval by the Planning Board. If the subdivision
is not commenced, said approval shall automatically become null and
void. The final plat to be recorded in the office of the County Clerk
shall contain a statement, in the form prescribed by the Planning
Board, giving effect to this provision.
B.
In addition, the subdivider shall, at the time of said final approval,
and as a condition thereto, acknowledge on a form prescribed by the
Planning Board and suitable for recording in the office of the County
Clerk that the property has been subdivided; that final approval of
same is conditioned upon commencement of the subdivision within three
years; and that there may be unrecorded deeds, easements and other
conveyances encumbering the property on file with the Town of Schroeppel
which may be accepted and recorded at a later date.
C.
This section shall not apply to subdivisions all the lots of which
have frontage on existing public roads.
A.
The subdivider shall place on deposit, with the Town Board, security in the form of cash or its equivalent or a surety company bond in the amount of 100% of the total construction cost (as estimated by the Town Engineer) of all roads, utilities and appurtenances to be conveyed to the Town as required by § 81-10 above.
B.
Upon satisfactory completion of the roads, utilities and appurtenances
and certification of completion by the Town Engineer, the security
will be reduced to 10% of the estimated construction cost. This amount
will be retained by the Town Board for a period of one year in order
to secure the Town against any defective workmanship and/or materials.
A.
The subdivider shall be required to inform the Town Engineer of his
construction schedule to enable inspection during construction of
all facilities which are to be conveyed to the Town of Schroeppel.
B.
The subdivider shall be required to place on deposit with the Town
Board an amount equivalent to 5% of the total estimated construction
cost of the project. The Town Engineer will bill the Town for services
rendered in connection with said inspection based on the current per
them schedule on file with the Town of Schroeppel. The invoiced amounts
will be deducted from the moneys on deposit. Following inspection
completion, the remaining moneys will be released to the subdivider.
In the event that the initial deposit is not sufficient to pay inspection
costs, the subdivider shall be required to place on deposit an amount
sufficient to cover the remaining inspection costs.
[1]
Editor's Note: Former § 81-14, Exemptions,
as amended, was repealed 12-18-2003 by L.L. No. 2-2003.
