A.
When any subdivision of land is proposed and before any contract
for the sale of, or any offer to sell such subdivision or any part
thereof is made, and before a building permit shall be granted, the
procedure outlined herein shall be observed.
B.
All subdivisions in the Town of Porter shall conform to the requirements
of 6 NYCRR Part 617 (SEQRA) and GML Article 12-B, §§ 239-n
and 239-nn (referral to County planning and neighboring municipalities).[1]
C.
Applications for subdivisions within an Agriculture District shall
contain a provision that each and every deed conveying all or portions
of the land subdivided as well as the final subdivision plat express
the following notice: "You are buying a piece of property in an Agricultural
District where there might be noise, fumes, and vibrations associated
with agricultural activities."
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Chairman of the Planning Board, at least 10 days prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Subsection B of this section.
B.
Sketch plan requirements. The sketch plan initially submitted to
the Planning Board shall be based on Tax Map information or some other
similarly accurate base map at a scale (preferably not less than 200
feet to the inch) to enable the entire tract to be shown on one sheet.
If phasing of the subdivision is anticipated, a conceptual drawing
of the planned division of the entire plat is to be submitted. At
a minimum, the sketch plan shall be submitted showing the following
information:
(1)
The location of that portion which is to be subdivided in relation
to the entire tract and the distance to the nearest existing street
intersection.
(2)
All existing structures, wetlands, wooded areas, streams and other
significant physical features within the portion to be subdivided
and within 200 feet thereof. If slopes exist on the property in excess
of 5%, contours shall also be indicated at intervals of not more than
10 feet.
(3)
The name of the owner and of all adjoining property owners, as disclosed
by the most recent municipal tax records.
(4)
The Tax Map sheet, block and lot numbers, if available.
(5)
All the utilities available and all streets which are either proposed,
mapped or built.
(6)
The proposed pattern of lots, including lot width and depth, street
layout recreation areas; proposed open areas; and systems of drainage,
sewerage and water supply within the subdivided area.
(7)
All existing restrictions on the use of land, including easements,
covenants or zoning lines.
C.
Discussion of requirements and classification.
(1)
The subdivider or his/her duly authorized representative shall attend
the meeting of the Planning Board to discuss the requirements of these
regulations for street improvements, drainage, sewerage, water supply,
fire protection and similar aspects, as well as the availability of
existing services and other pertinent information.
(2)
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision, as defined in Article VII of these regulations. The Board may require, however, when it deems it necessary for the protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions.
(3)
The Planning Board shall determine whether the sketch plan meets
the purposes of these regulations and shall, where it deems it necessary,
make specific recommendations, in writing, to be incorporated by the
applicant in the next submission to the Planning Board.
[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.
(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.
A.
Preliminary major subdivision plat process.
(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 preliminary plat to the Chairman of the Planning Board.
(2)
Five copies of the preliminary plat, clearly marked "preliminary
plat," and supplementary material shall be submitted to the Planning
Board with written application for preliminary approval.
(3)
The application shall be submitted not less than 10 days prior to
a regularly scheduled meeting of the Planning Board.
(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
SEQR shall coincide as closely as possible with the procedures under
this chapter.
(5)
The subdivider or his/her duly authorized representative shall attend
the meeting of the Planning Board to discuss the preliminary plat.
(6)
The time of submission of the preliminary plat shall be considered
to be the date of the regular monthly meeting of the Planning Board,
at least 10 days prior to which the application for approval of the
preliminary plat, 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.
Preliminary major subdivision plat requirements.
(1)
A copy of such covenants or deed restrictions as are intended to
cover all or part of the tract shall be provided.
(2)
The preliminary plat shall be clearly and legibly drawn, 24 inches
by 36 inches in size, and should, when possible, show the entire tract
to be divided.
(3)
The plat shall be based on the concepts presented in the sketch plan
and contain the following information:
(a)
Proposed name of the subdivision, which shall not duplicate
in spelling or pronunciation any recorded subdivision within Niagara
County;
(b)
The name and address of landowner and applicant;
(c)
Location by town, county and state, including Tax Map numbers
and addresses of affected and adjacent parcels and a location map
at a scale of one inch equals 2,000 feet;
(d)
North point, date and graphic scale;
(e)
Boundaries of total tract and acreage contained within;
(f)
Approximate location and acreage of NYSDEC wetlands;
(g)
Location of any FEMA flood hazard areas;
(h)
Location of existing watercourses;
(i)
Boundaries of naturally wooded areas;
(j)
Locations and, where appropriate, dimensions of parks and public
grounds, permanent buildings in or adjacent to the subdivision, open
space easements and other significant existing site features;
(k)
Locations of existing sanitary sewers, public water mains, storm
sewers and existing easements for utilities;
(l)
Approximate location and acreage of disturbances for post-subdivision
construction;
(m)
Names of owners of abutting properties, and lines showing where
they intersect;
(n)
Existing and proposed contours at intervals of at least every
five feet; USGS maps may suffice for the basis of this item. The Town
reserves the right to require greater detail;
(o)
Layouts of proposed streets, alleys and other public rights-of-way,
including widths and proposed names, which shall not duplicate existing
names by spelling or pronunciation. The proposed streets shall be
accompanied by a submission of plans, which shall include, at a minimum,
profiles, cross-sections, and preliminary designs for bridges and
culverts;
(p)
The proposed layout and approximate dimensions and acreage of
lots;
(q)
Parcels to be dedicated to the public or reserved for their
use, or to be reserved by covenant for residents, shall be shown and
marked as such;
(r)
Building setback lines. Where lots are located on a curve, or
side lines are not parallel, the width at the building line shall
be shown;
(s)
All drainage easements shall be shown and marked as such;
(t)
Approximate final grades in areas of cut or fill shall be shown;
(u)
Any lots designated for uses other than residential shall be
indicated;
(v)
Letters from each utility servicing the area indicating that
the utility company is aware of and will provide service to the proposed
subdivision;
(w)
An erosion and sedimentation control plan, as per DEC and based
on the Phase II requirements, indicating those measures to be employed
during construction and as may be necessary to prevent loss of soil
from erosion and to prevent resulting property damage, siltation and
contamination of watercourses or impoundments;
(x)
A stormwater pollution prevention plan prepared in accord with
the requirements hereof and DEC Phase II requirements;
(y)
Documentation as may be required by the New York State Department
of Health or the Planning Board, along with a soils evaluation by
the test pit method and/or other required supplemental data relating
to sewage disposal;
(z)
All applicable zoning data;
(aa)
Preliminary landscaping plans.
(4)
A completed Environmental Assessment Form, Part 1, as required by
SEQRA. 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.
(5)
All submission requirements shall be submitted in an electronic format
as well prior to the public hearing.
C.
Agency review. Prior to the public hearing, the Planning Board shall
circulate the application to all relevant departments for their review
and recommendations. Comments from the various departments may be
entered into record at the public hearing.
D.
Public hearing.
(1)
Within 62 days of the Planning Board meeting at which the preliminary
plat is considered by the Board, the Planning Board shall hold a public
hearing on this preliminary plat.
(2)
A preliminary 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.
[Amended 7-8-2019 by Ord.
No. 4-2019]
(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 and to the
Clerk of the County Legislature 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.
(5)
The
time within which the Planning Board must render its decision may
be extended by mutual consent of the applicant and the Board.
[Amended 11-12-2013 by L.L. No. 2-2013]
E.
Planning Board action on preliminary plat.
(2)
The Board shall notify the applicant, in writing, of its action on
the preliminary major 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 preliminary major subdivision plat, within
62 days following the public hearing, shall be considered an approval.
F.
Final major subdivision plat submission.
(1)
Within six months after approval or approval with modifications of
the preliminary plat, five copies of the final plat and other material
required for approval shall be submitted to the Board. Such approval
shall become null and void unless an extension of time is applied
for and granted by the Board.
(2)
The final plat shall conform substantially to the preliminary plat
as approved or as approved with modifications.
G.
Final major subdivision plat requirements. The following documents
shall be submitted for final major subdivision plat approval:
(1)
The final plat shall be prepared on one or more sheets of a uniform
size coinciding with requirements of the Town of Porter.
(2)
Final plat attachments and exhibits shall be numbered and labeled
in accordance with the requirements of this section.
(3)
The final plat shall include, in addition to the information required
for the preliminary plat submission, the following:
(a)
Exact locations, widths and names of all streets and all crosswalks
within the subdivision;
(b)
Complete curve data for all curves included in the plat;
(c)
Exact descriptions of all easements being provided for services
or utilities in the subdivision, and any limitations placed on the
use of such easements;
(d)
Accurate outlines of any lots or areas to be reserved or dedicated
for common use by residents of the subdivision, or for general public
use, with the purpose indicated thereon, including all open space,
conservation or drainage casements;
(e)
Building footprint, shown graphically with dimensions;
(f)
A final version of any Town-mandated restrictions and covenants,
if any, the applicant intends to place in the deeds to the lots in
the subdivision. If no such restrictions or covenants are to be imposed,
a statement to that effect shall be included;
(g)
The total tract boundary lines of the parcel/parcels with the
area being subdivided, with accurate distances to hundredths of a
foot and bearings to one minute. These boundaries shall be determined
by accurate survey in the field. The location of all boundary line
(perimeter) monuments shall be indicated, along with a statement of
the total area of the property being subdivided. In addition, the
licensed surveyor shall certify the placement of the monuments;
(h)
A key map for the purpose of locating the site to be subdivided,
at a scale of not less than one inch equals 2,000 feet, showing the
relation of the property to adjoining property and to all streets,
roads and municipal boundaries existing within 4,000 feet or any part
of the property proposed to be subdivided. USGS quadrangle maps may
suffice as a base for such a key map;
(i)
Each final plat submission shall, in addition to the items required
above, include new submissions of preliminary plat data in any instance
where there has been a change in the plans or the circumstances surrounding
them.
(4)
Additional submission requirements. The following additional information
shall be submitted where applicable:
(a)
Public and access road cross-sections typical details with locations
of water, sewer, sidewalks, streetlights, curbs, ditches, and catch
basins;
(b)
A traffic study if requested by the Planning Board as a condition
of preliminary plat approval;
(c)
Public and access road cross-sections at one-hundred-foot stations;
(d)
Water and sewer trench cross-section details;
(e)
Water and sewer service lateral connections to main;
(f)
Water and sewer service lateral trench details (main to property
line);
(g)
Fire hydrant type and location, including connection to water
main;
(h)
Streetlight detail;
(i)
On-site sanitary disposal system;
(j)
Open drainage detail;
(k)
Paved swale detail;
(l)
Typical lot layout with zoning setbacks;
(m)
Sanitary sewer manhole with ring and cover cross-section details;
(n)
Sanitary sewer manhole base plan view invert detail;
(o)
Sanitary sewer drop manhole cross-section detail;
(p)
Detention pond cross-section detail at stations at fifty-foot
intervals, with area and volume calculations;
(q)
Typical driveway detail with culvert pipe in ditch line;
(r)
Public and access roads, full-length center-line profiles with
existing and proposed grades numerically represented at stations at
fifty-foot intervals;
(s)
Open drainage ditch full-length profiles with existing and proposed
grades numerically represented at stations at fifty-foot intervals;
(t)
Paved swale/drainage ditch full-length profiles with existing
and proposed grades numerically represented at stations at fifty-foot
intervals;
(u)
Sanitary sewer line profiles with existing and proposed grades
numerically represented at stations at fifty-foot intervals and at
all manhole locations;
(v)
Detention pond center-line profiles;
(w)
Detention pond drainage line profiles;
(x)
Sanitary pump station;
(y)
Water pump station; and
(z)
All final plans, profiles and sections of proposed stormwater
management facilities.
H.
Planning Board action on final plat.
(1)
When the final plat is in substantial agreement with the preliminary
plat, the Planning Board shall conditionally approve with or without
modification, disapprove, or grant final approvals and authorize signing
of such plat within 62 days of its receipt. No additional public hearing
shall be required.
(2)
When the final plat is not in substantial agreement with the preliminary
plat, the preliminary plat procedures shall apply to a final plat
insofar as SFQRA review, public hearing, notices and decision.
(4)
The Board shall notify the applicant, in writing, of its action on
the final major 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.
(5)
Failure to act on the final major subdivision plat within 62 days
shall be considered an approval.
I.
Signature and notice.
(1)
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.[1]
(2)
If the Planning Board grants approval with modifications, the Chairman
of the Planning Board, within five days, shall forward a letter to
the applicant specifying the Board's action and the modifications
that must be met prior to final major subdivision plat approval. The
plat will be certified by the Chairman as approved with modifications
and a copy mailed to the applicant with the original maintained by
the Town Clerk.
(3)
Upon completion of such requirements, the plat shall be signed by
the Planning Board Chairman or his/her designee.
(4)
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.[2]
(5)
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.
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.[1]
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.
A.
No changes erasures, modifications or revisions shall be made in
any final plat after approval has been given by the Planning Board
Chairman or Planning Board and endorsed in writing on the plat, unless
said plat is first resubmitted to the Planning Board and such Board
approves any modifications.
B.
In the event that any such final plat is recorded without complying
with these requirements, the same shall be considered null and void,
and the Planning Board shall institute proceedings to have the plat
stricken from the records of the County Clerk.
A.
The applicant shall construct all required improvements as shown
on the approved final plat.
B.
The applicant shall file a public improvement permit stating the
type and description of all public improvements, the estimated cost
of such improvements, and the contractor who will be responsible for
completing such improvements. The public improvement permit shall
be signed by the applicant in the presence of a notary public.
C.
The applicant shall furnish a retainer or cause a deposit sufficient
to cover the full cost of the construction of utilities and street
improvements as may be required by the Planning Board in accordance
with § 277 of the Town Law.
(1)
The retainer must be approved by the Town Board and Town Attorney,
with the advice of the Town Engineer, and must:
(a)
Be a corporate surety bond, irrevocable letter of credit from
a bank or certified check, provided the same is satisfactory to the
Town Board and Town Attorney and meets Town Law § 277 requirements.
(b)
Be payable to the Town of Porter.
(c)
Be in an amount sufficient to complete the improvements in compliance
with these regulations plus any expected cost increases over the period
of the guarantee.
(d)
Costs shall be assumed to escalate a minimum of 10% per year
for purposes of determining the amount of a guarantee.
(e)
In the case of cash or its equivalent, be held in an escrow
fund in the name of the Town of Porter.
(f)
Specify a satisfactory completion date for improvements, which
shall, unless extended by mutual consent of the applicant and the
Planning Board be not more than three years from the date of the final
plat approval. Should an extension be granted, the amount of the guarantee
shall be increased as may be required to cover further cost increases
as provided above. Provisions may also be made, pursuant to the Town
Law § 277, for completion of improvements in phases.
(2)
When the improvements have been completed and approved for conformity
with these regulations by the Planning Board and Town Engineer or
other qualified individual designated by the Town and accepted by
the Town Board, the guarantee must be released and returned. When
any of the required improvements have been completed and approved
or materials for the same have been secured on-site, a portion of
the security commensurate with the cost of these improvements may
be released and returned.
(a)
In the event of default, the obligor and surety shall be liable
thereon to the Town of Porter for the cost of the improvements or
parts thereof not installed. If proceeds of such bond or other security
are insufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by said security, the
Town Board may, at its option, install part of such improvements in
all or part of the subdivision or land development and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the applicant, or both, shall be used solely
for the installation of the improvements covered by such security,
and not for any other municipal purpose.
(b)
Prior to the certification of any improvements or release of
any guarantee, the applicant shall pay all inspection and related
costs (for professional services, meetings, advertisements and expenses)
associated with the improvements or guarantees. These costs will be
assessed as a special fee apart from the regular fees provided for
in this chapter. Said payment shall be made to the Town of Porter.
(3)
Where improvements are being dedicated to the Town, the applicant
shall comply with the applicable requirements of any other Town laws
governing dedication of improvements and submit a maintenance bond
or other approved performance guarantee to ensure maintenance and
repair of those improvements for two years from the date of dedication.
The maintenance bond shall generally be a maximum of 50% of the costs
of improvements, subject to approval of the Town Board. Similar maintenance
agreements may be required for private streets and nothing herein
shall be deemed to require acceptance of dedication by the Town under
any circumstances.
A.
Subdivision of land shall be subject to the provisions of the State
Environmental Quality Review Act (SEQRA) process.
B.
The Planning Board should identify the type of action the subdivision
is according to SEQRA regulations. Depending upon the size of the
subdivision and several other factors, it may be a Type 1 or an unlisted
action. To make a decision, the Planning Board should consult 6 NYCRR
Part 617 of the Environmental Conservation Law (New York).
C.
If it is determined that any provision of SEQRA must be followed
or that an environmental impact statement has to be prepared for the
application, all time frames and deadlines are delayed until such
process is complete and a draft environmental impact statement has
been filed.
D.
An application is not complete and the review clock does not start
until a determination of no significance has been made or until a
draft environmental impact statement has been completed.
A.
Prior to the Planning Board making a preliminary recommendation on
minor and major subdivision plats, the Town shall refer the plat to
the County Planning Department for advisory review and a report in
accordance with Article 12-B, § 239-n of the General Municipal Law, where the proposed
action is within a distance of 500 feet from the boundary of any village
or Town, or from the boundary of any existing or proposed county or
state park or other recreation area, or from the right-of-way of any
existing or proposed county or state parkway, thruway, expressway,
road or highway, or from the existing or proposed right-of-way of
any stream or drainage channel owned by the county or for which the
county has established channel lines, or from the existing or proposed
boundary of any county- or state-owned land on which a public building
or institution is situated.
B.
All time frames are delayed until a response is returned from the
various county agencies. If a response from all county agencies is
not received within 30 days, the Town shall proceed with the subdivision
process.
C.
Neighboring
municipality notification. Notice shall, as required by § 239-nn
of the General Municipal Law, be given to an adjacent municipality
(town or village) whenever a public hearing is held by the Town Planning
Board regarding a subdivision review and approval on property that
is within 500 feet of such adjacent municipality. Such notice shall
be given by mail or electronic transmission to the clerk of the adjacent
municipality at least 10 days prior to any such hearing. Such adjacent
municipality may appear and be heard.[1]
A.
Fees for subdivision applications and SEQRA fees shall be in accordance
with the fee schedule for the Town of Porter as amended from time
to time.
B.
In addition, should the Town or its agents require independent construction
inspection services for site work and exterior utilities and appurtenances
to comply with the requirements of the Town Planning Board, an additional
fee will be assessed to the applicant to compensate for the charge
incurred by the Town. Based on the current hourly inspection rate
schedule approved by the Town Board, a prepaid fee will be established
by the Town.
C.
In addition, should the Town require special studies to comply with
the requirements of the Town Planning Board, an additional reasonable,
nonrefundable and nontransferable fee will be assessed to the applicant
to compensate for any and all charges incurred by the Town in this
regard.
D.
Should the project for which application is made be subject to other
monies being due the Town, the applicant shall be solely responsible
for payment of the same, and the monies shall be in addition to all
other fees or charges associated with said application. Prior to final
approval by the Planning Board, the applicant and the applicant's
engineer shall sign a Pre-Development Agreement with the Town stating
the amount of monies due for costs that may be incurred by the Town
for engineering and inspection of the completed site improvements
and a schedule for completing the improvements.
E.
No building permit shall be issued prior to the execution of the
Pre-Development Agreement by the Town Board.
F.
For projects that the applicant chooses to mitigate issues of environmental
significance off-site through "fees in lieu of mitigation," no building
permit shall be issued until the applicant complies with the schedule
of payments.
G.
No certificate of occupancy shall be issued until and unless all
required mitigation is complete according to the schedule outlined
in the Pre-Development Agreement.
