[Amended 11-12-2013 by L.L. No. 2-2013; 7-8-2019 by L.L. No. 4-2019; 7-10-2023 by L.L. No. 3-2023]
A. Final minor
subdivision plat application.
(1) Within
six months after the sketch plan determination by the Planning Board,
the applicant shall submit an application for review and approval
of a final minor subdivision plat to the Chairman of the Planning
Board.
(2) The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board. The application shall also conform to the requirements listed in Subsection
B of this section.
(3) Five
copies of the final minor subdivision plat shall be presented to the
Chairman at the time of submission.
(4) The
subdivider shall submit an Environmental Assessment Form duly prepared
as prescribed in the regulations under the State Environmental Quality
Review Act ( 6 NYCRR Part 617). Subsequent procedures under SEQRA
shall coincide as closely as possible with the procedures under this
chapter.
(5) The
time of submission of the final minor subdivision plat shall be considered
to be the date on which the application for plat approval, complete
and accompanied by the required fee and all data required by these
regulations, has been filed with the Chairman of the Planning Board.
B. Final minor
subdivision plat requirements.
(1) Any
person proposing to create a minor subdivision shall submit, along
with plans required below, an application for minor subdivision approval.
This application shall specify and/ or be accompanied by:
(a) The name, address and telephone number of the property owner of record
and those of the applicant, if different.
(b) The name or number of the road where the proposed subdivision is
to be located.
(c) The name, address and telephone number of the surveyor or engineer
preparing the subdivision plans.
(d) The type of sewer system proposed.
(e) The required fee or receipt for the same.
(f) If NYSDEC- SEQRA regulations require, a completed Environmental Assessment
Form, Part I, as per currently adopted 6 NYCRR PART 617, SEQRA prescribes.
A determination of the environmental significance of this action shall
be made prior to the public hearing. Subsequent procedures under SEQRA
will coincide as closely as possible with the procedures under this
chapter.
(2) The
applicant shall submit a final plat and required supplementary data
for the proposed subdivision. This plat shall be prepared by a professional
engineer or surveyor and shall show all the lots proposed to be created.
The final plat shall meet the following requirements:
(a) The subdivision plat shall be 24 inches by 36 inches in size.
(b) The names of all abutting property owners and the size of any remaining
acreages in the tract from which lots are being taken shall be shown.
(c) The plat shall show the name of the municipality, name of the owner
of record, North point, graphic scale, and date.
(d) Soil types found on the site shall be shown unless the lots involved
are lot improvements or contain existing sewage systems. Natural Resources
Conservation Service classifications shall be used.
(e) Existing public roads shall be identified by their posted names and
numbers.
(f) Proposed lot or parcel lines shall be drawn to scale and dimensions
given in feet and hundredths of a foot. Lot areas shall be shown in
acres or square feet. The plat shall depict the proposed subdivision
as a part of the contiguous holdings of the applicant and show adjacent
lots already taken from the parcel.
(3) A copy
of such covenants or deed restrictions as are intended to cover all
or part of the tract.
(4) Documentation
as may be required by the New York State Department of Health, along
with a soils evaluation by the test pit method and/ or other required
supplemental data relating to sewage disposal shall be submitted.
C. Public
hearing.
(1) A public
hearing shall be held by the Planning Board, within 62 days from the
time of submission of the subdivision plat for approval.
(2) If
NYSDEC- SEQRA regulations require the SEQRA process, then a subdivision
plat shall not be considered complete until a negative declaration
has been filed or until a notice of completion of the draft Environmental
Impact Statement has been filed in accordance with the provisions
of the State Environmental Quality Review Act.
(3) Notification.
(a) Mailed notice.
[1] The Planning Board Secretary shall be required to mail the appropriate
notices for public hearings to all property owners within 500 feet
measured from property lines of the subject property both within and
outside the Town boundaries and all involved agencies and officials.
[2] Notice by mail shall be given not more than 20 nor less than 10 days
before the hearing by regular United States mail, except that notice
to Town agencies or officials may be by interdepartmental memorandum.
[3] A written notice of any proposed change or amendment affecting property
within 500 feet of the boundaries of a state park or parkway shall
be given to the Niagara Frontier State Park Commission at least 10
days prior to the date of such public hearing.
[4] A written notice of any proposed change or amendment affecting property
within 500 feet of the boundaries of any city, village, town or county
shall be given the Clerk of such municipality at least 10 days prior
to the date of such hearing
(b) Published notice. A published notice shall be placed in an official
newspaper or a newspaper of general circulation in the Town at least
once, not more than 20 nor less than 10 days before the hearing.
(c) Notice information. The notice of public hearing, both mailed and
published, shall include:
[1] The general location of land that is the subject of the application;
[2] The legal description or street address;
[3] The substance of the application, including the magnitude of proposed
development and the current zoning district;
[4] The time, date and location of the public hearing;
[5] A phone number to contact the Town; and
[6] A statement that interested parties may appear at the public hearing.
(4) The
hearing shall be closed on motion of the Planning Board within 120
days after it is opened and shall be used to guide the Planning Board
in acting upon the preliminary plat.
D. Planning
Board action.
(1) After
the SEQRA process has been completed/ signed, when required, and within
62 days after closing the public hearing, the Planning Board shall
take one of the following actions on the final minor subdivision plat:
(b) Approval with modifications; or
(2) The
Board shall notify the applicant, in writing, of its action on the
final minor subdivision plat.
(a) If the Planning Board grants approval, the Chairman shall notify
the applicant of their decision.
(b) If approved with modifications, the Board shall state the modifications
of such approval in writing to the applicant
(c) If disapproved, shall notify the applicant of the reasons for the
disapproval in writing.
(3) Failure
to act on the final minor subdivision plat within 62 days following
the close of the public hearing shall be considered an approval.
(4) The
time within which the Planning Board must render its decision may
be extended by mutual consent of the applicant and the Board.
E. Signature
and notice.
(1) If
the Planning Board grants final approval, the Chairman or his/her
designee shall sign the subdivision plat constituting final plat approval.
The Planning Board shall forward a letter to the applicant specifying
the Board' s action of approval
(2) If
the Planning Board grants final approval, the Chairman or his/ her
designee shall, within five business days of the resolution granting
approval, sign the subdivision plat constituting final plat approval.
The Planning Board shall forward a letter to the applicant specifying
the Board's action of approval.
(a) Upon completion of such requirements, the plat shall be signed by
the Planning Board Chairman or his/ her designee.
(b) An approval with modifications shall expire 180 days after the date
of the letter granting such approval unless the requirements have
been certified as completed within that time. The Planning Board may,
however, extend the time within which an approved plat shall be submitted
for signature, if, in their opinion, such extension is warranted in
the circumstances, for periods of 90 days each.
(3) In
the event the Planning Board fails to act, the applicant may obtain
a certificate from the Town Clerk stating the submission date and
the Planning Board's failure to act as proof of approval.
F. In cases where a transfer or sale of land between neighboring property owners does not create an additional lot or which does not otherwise create a substandard lot, not having dimensions otherwise required by this law, the property owners may seek an expedited review of such transfer. The property owners shall apply to the Town Code Enforcement Officer, in writing, seeking approval of such transfer. The Code Enforcement Officer shall refer the request to the Planning Board and Town of Porter Tax Assessor for further review. In such a case the Planning Board may approve such a request without requiring a public hearing or the submission of a survey and depending on the individual circumstances of each request for an expedited review. The Planning Board may require a public hearing and/or any document submissions required pursuant to this §
165-9 if the Planning Board deems a specific project requires additional oversight.
The following filing requirements apply to both minor and major
subdivisions in the Town of Porter:
A. Upon signature of the plat by the Planning Board Chairperson, or
a certificate from the Town Clerk stating the submission date and
the Planning Board's failure to take action within the time provided,
the final plat shall be filed by the applicant in the office of the
County Clerk, which shall meet the filing requirements of the County
Clerk's office, and an original Mylar reproducible filed with the
Town.
B. Any final plat, either minor or major, or lot line adjustment not
so filed or recorded within 62 days from the date upon which such
plat is approved shall become null and void.
C. A copy of the certification from the County Clerk on the filing shall
be submitted to the Town within 90 days of filing with the County
Clerk. Failure to submit this certification will render the approval
null and void and the application shall require re-filing.
D. A copy of the approved final plat shall be submitted to the Town
in digital format that is compatible with the Town's computer system.
E. The Town takes no responsibility for and does not recognize any plat
map filed with the County Clerk's office that lacks the signature
of the Planning Board Chairperson.