Town of Marion, NY
Wayne County
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A. 
Whenever any subdivision of land is proposed, before any contract for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the procedures set forth in this article.
B. 
The developer shall obtain a copy of the subdivision regulations, design standards, and application forms available from the Building and Zoning Department.
C. 
Initial subdivision applications shall be submitted to the Building and Zoning Department no later than the 10th of the month prior to the regularly scheduled meeting of the Planning Board and shall include the following:
(1) 
A complete application form signed by the developer.
(2) 
An initial environmental assessment pursuant to the environmental review requirements of the New York State Environmental Quality Review Act (SEQR)
(3) 
Twelve copies of sketch plans and related data per § 245-18.
(4) 
Fees. According to the latest fee schedule adopted by the Town and posted in the Building and Zoning Department.
D. 
The Building and Zoning Department shall distribute application, plans and accompanied information to the Wayne County Planning Board, Town Planning Board, Town Engineer, other Town Departments and one copy shall be on file in the Building and Zoning Department for public review.
E. 
At the regularly scheduled meeting of the Planning Board, the developer's subdivision application with accompanying sketch plan, SEQR report and other related details shall be discussed for the purpose of classification, the layout, availability of utilities, services, and responsibility for required improvements and agreements as per § 245-8 of this chapter.
F. 
Sketch plans shall be classified as follows:
(1) 
Sketch plan proposals classified by the Planning Board as a minor subdivision shall, thereafter, be reviewed in accordance with § 245-6.
(2) 
Sketch plan proposals classified by the Planning Board as a major subdivision shall, thereafter, be reviewed in accordance with § 245-7.
G. 
Before preparing a sketch plan, the applicant, or a representative, is encouraged to discuss with the Planning Board improvement, drainage, sewerage, water, fire protection and similar aspects, as well as the availability of existing services at a presubmission conference. In the case of a subdivision containing five or more lots of less than five acres each, the applicant is encouraged to also discuss the proposed subdivision with the State Health Department, whose approval is required before any subdivision plan can be given final approval by the Planning Board.
Sketch plans shall be prepared according to specifications of Article VI, § 245-18, and shall be submitted complete with necessary fees no later than the 10th of the month prior to the next regularly scheduled meeting of the Planning Board. At the regularly scheduled meeting, the Planning Board shall receive informal comments, questions and recommendations from Town departments, advisors, or various agencies and shall discuss with the developer or his representative, the classification of the subdivision, recommended changes, and subsequent procedures to be taken by the applicant. (See § 245-4, General subdivision procedures.)
A. 
Preliminary and/or final plan submission. Should the Planning Board, as a result of the sketch plan presentation, classify the proposed subdivision as a "minor subdivision," the developer shall prepare and file with the Building and Zoning Department a formal application for the approval of a preliminary and/or final plat as directed by the Board. The Planning Board may direct the applicant to prepare a final plan and forego a preliminary plan, provided adequate plans and information have been submitted with the sketch plan to enable the applicant to proceed with final plan application.
B. 
Application procedure.
(1) 
Applications shall be prepared on forms provided by the Building and Zoning Department in accordance with the requirements of Article IV and Article VI of this chapter.
(2) 
Shall include 12 copies of drawing(s) prepared and certified accurate by an engineer or land surveyor licensed in the State of New York.
(3) 
Shall include any conditions or modifications, if any, imposed by the Planning Board in sketch plan review.
(4) 
Applications shall provide an initial environmental assessment pursuant to the Environmental Review Requirements of the New York State Environmental Quality Review Act (SEQR).
(5) 
Shall be submitted to the Building and Zoning Department 15 days prior to the next regularly scheduled meeting of the Planning Board to accommodate public hearing procedures.
C. 
Referral to Wayne County Planning Board. All minor subdivisions shall be referred to the Wayne County Planning Board for comment in accordance with §§ 239-f and 239-n of General Municipal Law, as applicable.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Public hearing.
(1) 
A public hearing shall be scheduled for the preliminary plan, unless the Planning Board recommends the final subdivision plan be presented in lieu of the preliminary plan, in which case, the public hearing shall be held for the final subdivision plan. (See § 245-6A.)
(2) 
A public hearing shall be scheduled for the final subdivision plan. However, should the Planning Board determine that the final subdivision plan is in substantial agreement with the preliminary plan, including any conditions imposed thereon, and having previously held a public hearing for the preliminary plan, the Planning Board may waive the second public hearing for the final subdivision plan.
(3) 
Public hearings shall be held within 62 days from the official submission date in accordance with § 276 of Town Law.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
The notice of the hearing shall be published at least once in a newspaper of general circulation in the Town - at least five days prior to the hearing date.
(5) 
At the hearing, all interested parties shall be given the opportunity to be heard; in addition, the Planning Board shall receive comments, questions, and recommendations, if any, on the proposed subdivision from the Town Engineer and other appropriate Town departments and shall discuss with the developer the alterations, omissions or additions, if any, which it deems necessary to meet the requirements of these regulations.
E. 
Planning Board action. Following the public hearing and within 62 days thereafter, unless such time limit is extended by mutual consent of the Board and the developer, the Planning Board shall approve, conditionally approve with or without modifications or disapprove the application or when appropriate grant final approval and recommend the signing of the final plan by the Planning Board Chairman. Failure of the Planning Board to act on a plan or plat within the sixty-two-day period shall constitute approval of the minor subdivision. Reasons for disapproval for any plan or plat shall be transmitted to the applicant and attached to each copy of the plan or plat.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Endorsement and filing of an approved plan. An approved final plan for a minor subdivision shall be endorsed by the Planning Board as per § 245-7B(3)(d) and filed by the applicant in accordance with § 245-9 of this chapter.
G. 
Contiguous minor subdivisions. After two contiguous minor subdivisions have been submitted in any area, any subsequent subdivision in the same immediate area may be classified by the Planning Board as a major subdivision. If so classified, such subdivision plans shall include the previous minor subdivisions and follow the required preliminary plan and subdivision plan approval in accordance with § 245-7 of this chapter.
A. 
Preliminary plan submission. Upon classification of the proposed subdivision as a "major subdivision," the developer shall prepare a formal application for the approval of the preliminary plan for a major subdivision to the Building and Zoning Department.
(1) 
Application procedure and requirements.
(a) 
Be made on forms provided by the Building and Zoning Department.
(b) 
Be accompanied by 12 copies of the map of the entire subdivision prepared and certified as accurate by a licensed engineer or land surveyor, in accordance with the requirements of Articles IV, V and VI of this chapter, and be clearly marked "preliminary plan."
(c) 
Include any conditions or modifications imposed by the Planning Board in sketch plan approval.
(d) 
Include the entire lands being subdivided.
(e) 
Be accompanied by a long form environmental assessment pursuant to the environmental review requirements of the New York State Environmental Quality Review Act (SEQR).
(f) 
Be submitted to the Building and Zoning Department 15 days prior to the next regularly scheduled meeting of the Planning Board for public hearing procedure.
(2) 
Referral to Wayne County Planning Board. The preliminary plan shall be referred to the Wayne County Planning Board and the Wayne County Superintendent of Highways, as appropriate, for comment in accordance with §§ 239-f and 239-n of General Municipal Law, as applicable.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Review of required improvements and agreements. Before the preliminary plan is submitted for approval, proposed improvements and agreements specified in § 245-8 of this chapter shall be reviewed by the Town Engineer and appropriate Town and state departments as to compliance with the required design standards.
(4) 
Public hearing.
(a) 
A public hearing shall be held within 62 days from the official submission date of the preliminary plan in accordance with § 276 of Town Law.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
If any zoning modifications are to be considered pursuant to § 281 of Town Law, modifications will be applied to the Town Board on a case-by-case basis, and after the Town Board has authorized the Planning Board to use such § 281 provisions, the public hearing required for such zoning modifications shall be held concurrently with the hearing required for the preliminary plan approval.
(c) 
The notice of the hearing shall be published at least once in a newspaper of general circulation in the Town - at least five days prior to the hearing date.
(d) 
At the hearing, all interested parties shall be given the opportunity to be heard; in addition, the Planning Board shall receive comments, questions and recommendations, if any, on the proposed preliminary plan from the Town Engineer, the county and appropriate Town departments and shall discuss with the developer the alterations, omissions or additions, if any, which it deems necessary to meet the requirements of these regulations.
(5) 
Action on proposed preliminary plan.
(a) 
Following the public hearing and within 62 days thereafter, unless such time limit is extended by mutual consent of the Board and the developer, the Planning Board shall approve, conditionally approve with or without modifications, or disapprove the preliminary plan. Failure of the Planning Board to act on a plan or plat within the sixty-two-day period shall constitute approval.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
In the event of disapproval, the grounds of such disapproval shall be specified in the resolution. A true copy of the resolution shall be mailed to the developer at his address set forth in the formal application within five days after its approval by the Board and attached to each copy of the plan or plat.
(c) 
If approved, the Planning Board in its approval of a plat may waive the provision of any or all improvements that in its judgment are not requisite in the interests of the public health, safety or general welfare or which in its judgment are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
(d) 
When granting approval to the preliminary plan, the Planning Board shall state the conditions of such approval, if any, with respect to:
[1] 
The specific changes which it will require on the final subdivision plan;
[2] 
The character and extent of the required improvements for which waivers have been requested and which the Planning Board feels may be waived without jeopardy to the public health, safety and general welfare;
[3] 
The extent of improvements, or the amount of guarantees which will be required before final approval of the subdivision plan will be given.
(e) 
Action of the Planning Board, plus any conditions placed on the preliminary plan, shall be noted on or attached to all copies of the plan. Within five days of approval of the preliminary plan, it shall be certified as approved by the Planning Board Chairman. One copy shall be returned to the applicant and one retained by the Planning Board.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Authorization to prepare the final subdivision plat. Approval of a preliminary plan shall not constitute approval of the final subdivision plat. It shall be deemed approval of the design proposed by the subdivider and an authorization to prepare the final subdivision plan for submission to the Planning Board.
B. 
Final subdivision plan submission.
(1) 
Application procedure and requirements.
(a) 
Within six months of the date of approval of the preliminary plan, the subdivider shall file an application for a final subdivision plan to the Building and Zoning Department.
(b) 
Be accompanied by 12 copies of the map of the entire subdivision prepared and certified as accurate by a licensed engineer or land surveyor, in accordance with the requirements of Articles IV and V and Article VI, § 245-20, of this chapter, and be clearly marked "final subdivision plan."
(c) 
Comply in all respects with the approved preliminary plan and any conditions attached thereto.
(d) 
Be submitted, on forms provided by the Building and Zoning Department, no later than 15 days prior to the regularly scheduled meeting of the Planning Board.
(2) 
Public hearing.
(a) 
A public hearing shall be held within 62 days from the official submission date of the final subdivision plan in accordance with § 276 of Town Law.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
The notice of the hearing shall be published at least once in a newspaper of general circulation in the Town - at least five days prior to the hearing date.
(c) 
At the hearing, all interested parties shall be given the opportunity to be heard; in addition, the Planning Board shall receive comments, questions and recommendations, if any, on the proposed final plan from the Town Engineer, the county and Town staff and shall discuss with the developer the alterations, omissions or additions, if any, which it deems necessary to meet the requirements of these regulations.
(d) 
When the Planning Board determines that the final subdivision plan is in substantial agreement with the preliminary plan, and any conditions imposed thereon, it may waive the public hearing required by this section.
(3) 
Action on the final plan.
(a) 
General. Within 62 days from the date of the public hearing, or from the official submission date, if the hearing is waived, the Planning Board shall act on the final subdivision plan unless the required environmental quality review procedure have not been completed to the satisfaction of the Planning Board, such failure being considered an incomplete application. By resolution, the Planning Board shall approve, conditionally approve with or without modification, or disapprove the plat. When all conditions stated in the resolution have been met and all improvements have been completed or guarantees for completion have been accepted by the Town Board, the resolution to approve or conditionally approve a final plat shall authorize endorsement of said plat. The time for action on the final plan may be extended by mutual agreement of the subdivider and the Planning Board.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Certificate of conditional approval. Within five days from a Planning Board resolution of conditional approval, the final plan shall be certified by the Planning Board Chairman, or a designee, as conditionally approved and a copy thereof returned to the subdivider along with a statement of the conditions including suitable guarantees for improvements which, when met, will enable final approval and endorsement of the final plat.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
Failure to act on the subdivision plat. If the Planning Board fails to act on the final subdivision plat within the time period specified therefor, the plat shall be deemed approved and the Town Clerk (§ 276 of the Town Law) shall issue a certificate as to such failure to take action which shall be sufficient in lieu of approval and endorsement, to enable the subdivider to file the plat in accordance with § 245-9 of this chapter.
(d) 
Signing of the plat.
[1] 
Upon completion of all required improvements, or the submission of a suitable guarantee for such improvements (See § 245-8.), the final plan shall be signed by the Town Engineer and the New York State Health Department and shall be signed by a duly authorized officer of the Planning Board. Every final plan submitted to the Planning Board for approval shall be clearly and legibly drawn on a stable transparent base (Mylar, cronaflex, etc.) and shall carry the following endorsement:
"Approved by Resolution of the Planning Board of the Town of Marion, New York, on the _____ day of _____________, 20____, subject to all requirements and conditions of said Resolution. Any change, erasure, modification, or revision of this Plat, as approved, shall void this approval.
Signed this _____ day of _____________, 20____, by
  Chairman
  Secretary
Approved for building lots? Yes _____ No _____"
[2] 
In the absence of the Chairman or Secretary, the acting Chairman or acting Secretary, respectively, may sign the final subdivision plat.
(4) 
Plat void if revised after approval. No changes, erasures, modifications, or revisions shall be made in any final subdivision plat after approval has been given by the Board and endorsed, in writing, on the plat. In the event that any final subdivision plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.
A. 
Improvements. Prior to receiving the endorsement of the subdivision plat, as required by § 245-7B(3)(d), the subdivider shall complete the installation of all required improvements specified in the action approving said plat. Required improvements shall not be considered to be completed until the installation of such improvements has been inspected by the Town Engineer, or other appropriate Town official, who shall file with the Planning Board a letter certifying the satisfactory installation of all improvements required by the Board.
B. 
Performance guarantees. As an alternative to Subsection A, the subdivider shall file with the Town Board a performance guarantee in an amount approved by the Town Engineer to secure to the Town the satisfactory construction and installation of the required improvements. Such performance guarantee shall comply with the requirements of § 277 of Town Law and shall be satisfactory to the Town Board as to form, sufficiency and manner of execution. The method for determining the amount of any performance guarantee, and release of funds, shall generally follow the guidelines set forth in Appendix 1 of this chapter.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C. 
Subdivider's responsibility. All required improvements shall be made at the subdivider's expense unless otherwise determined by a resolution of the Town Board. Unless specifically waived in writing by the Planning Board, said improvements shall include the following:
(1) 
Streets and streetlighting facilities.
(2) 
Street signs.
(3) 
Curbs and gutters.
(4) 
Grass curb strips.
(5) 
Sidewalks.
(6) 
Street shade trees.
(7) 
Monuments.
(8) 
Stormwater runoff system.
(9) 
Sanitary sewage collection system.
(10) 
Water supply system.
(11) 
Park and recreation facilities.
(12) 
Electrical, telephone, and utility lines.
(13) 
Plantings and ground cover.
D. 
Inspection of improvements. Installation of improvements for any subdivision shall be subject to inspection at all stages by representatives of the Town of Marion. For such purposes free access shall be accorded and requested information shall be promptly submitted. All costs of inspection, including test materials, shall be paid for by the subdivider. A sufficient sum shall be provided by the subdivider in cash, or in the performance guarantee, for the project inspection costs. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved construction detail sheets, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.
E. 
Offers of cession and release.
(1) 
Formal offers of cession to the Town of all streets and parks, not marked on the plat with notation to the effect that such cession will not be offered, shall be filed with the Planning Board prior to plat approval. If the owner of the land or his agent who files the plat does not add as part of the plat a notation to the effect that no offer of dedication of such streets, highways, or parks, or any of them, is made to the public, the filing of the plat in the office of the County Clerk or register shall constitute a continuing offer of dedication of the streets, highways, or parks, or any of them, to the public, and said offer of dedication may be accepted by the Town Board at any time prior to revocation of said offer by the owner of the land or his agent.
(2) 
Before final approval of the subdivision plat, the Planning Board will require a certificate of approval from the Town Attorney as to the legal sufficiency of the offers of cession by the subdivider of the areas for public use, such as parks, streets, playgrounds, and other areas.
Upon completion of all requirements set forth in the action approving the subdivision plat, and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board and may be filed by the applicant in the office of the Wayne County Clerk. Any subdivision plat not so filed and recorded within 62 days of the date upon which said plat is approved or considered approved by reasons of the failure of the Planning Board to act shall become null and void. The applicant shall provide the Town Clerk with a copy of the plat certified by the Wayne County Clerk as to being the true and certified copy of said plat on file in the county office.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
For a resubdivision, the same procedures, rules and regulations apply as for a subdivision.
The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town of any street, park, playground, or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or is otherwise not practical, the Board may require as a condition to approval of any such plat a payment to the Town of a sum to be determined by the Town Board, which sum shall constitute a trust fund to be used by the Town Board exclusively for neighborhood park, playground or recreation purposes including the acquisition of property. The Planning Board may require the filing of a written agreement between the applicant and the Town Board covering future title, dedication, and provision for the cost of grading, development, equipment and maintenance of any park or playground area, as well as a written agreement covering the maintenance and plowing of all streets within the subdivision until such time as they are accepted for public maintenance by the Town Board.
Upon posting of the performance guarantee in accordance with § 245-8B, and after approval and filing of the subdivision plat, the subdivider may initiate land sales or construction of the subdivision itself.