C.
Simple subdivisions shall be processed as follows:
(1)
Upon receipt of an application for a simple subdivision as defined in Article II above, including a location survey plan map prepared by a licensed land surveyor, showing all buildings, easements, existing infrastructure, existing and proposed lot lines by metes and bounds, as well as receipt of the fee therefor as specified by the Town Board, the Town Code Enforcement Officer shall review such application and may approve the same, provided that the proposed simple subdivision plan map complies with all Town zoning and other laws, rules and regulations.
(2)
Prior to such approval by the Code Enforcement Officer, the Town
Clerk shall publish in the official newspaper of the Town and send
a notice to all property owners within 500 feet of the proposed simple
subdivision based upon the latest assessment records of the Town,
advising them that the application is on file in the Town offices
for public review and any questions or comments may be sent in writing
to the Code Enforcement Officer within the date advised on the notice,
which shall be 30 days from its mailing date. The Code Enforcement
Officer shall promptly acknowledge any such comments received and
the Town's response to same.
[Amended 12-8-2020 by L.L. No. 2-2020]
(3)
If the simple subdivision is within 500 feet of any of the triggering
receptors as set forth in § 239-n of the New York General
Municipal Law, as that law may be amended from time to time, the application
shall be referred to the County Planning Board, in accordance with
the statute.
(4)
Simple subdivisions are subject to review under the New York State
Environmental Quality Review Act (SEQRA), which review shall be undertaken
and a determination made by the Code Enforcement Officer.
(6)
In the event that a proposed simple subdivision plan map is not prepared
by a licensed land surveyor or does not comply with all Town zoning
and other laws, rules and regulations, the Code Enforcement Officer
shall disapprove such application and advise the applicant of the
nature of the application defect.
(7)
Upon approval of a simple subdivision, the Code Enforcement Officer
shall endorse said map, indicating Town approval for filing in the
County Clerk's office pursuant to the authority of this chapter. The
map for a simple subdivision shall be endorsed and contain a statement
confirming whether or not additional simple subdivision of a subdivided
parcel is allowable and, if so, the termination date of the simple
subdivision's five-year period. Upon approval, said map must be filed
in the County Clerk's office as required by New York State law or
the approval shall be deemed null and void.
(8)
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, including confirmation
of filing in the County Clerk's office.
(9)
The Code Enforcement Officer shall refer an application to the Town
Planning Board for full subdivision review:
(10)
When correspondence or other concerns regarding a proposed simple
subdivision is received from a neighboring property owner or any county
or state agency, such communication, together with a copy of application
documents, shall be referred to the Town Planning Board for its determination
as to the articulated concern and whether a full subdivision review
by the Town Planning Board should be undertaken. At a minimum, the
Planning Board shall offer its advice and recommendation regarding
such comments to the Code Enforcement Officer.
(11)
Notwithstanding the above, the Code Enforcement Officer may,
in his sole discretion, refer any request for simple subdivision to
the Planning Board for its advice and/or approval.
(12)
If referred to the Planning Board as herein provided for simple
subdivisions, such referral shall be made within 30 days from the
time such application is received and is deemed complete by the Code
Enforcement Officer.
(13)
There shall be an application fee for simple subdivisions in
accordance with an amount to be determined from time to time by resolution
of the Town Board.
(14)
Appeals of the Code Enforcement Officer's determination relating
to a simple subdivision shall be taken to the Town Planning Board
and must be commenced within 30 days of the Code Enforcement Officer's
written determination on the application.[2]
[2]
Editor's Note: Local Law No. 2-2008, adopted 6-9-2008, provided that this Subsection C(14) is ratified and, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3), expressly supersedes the provisions of Town Law § 267-a to allow such appeals to be taken to the Planning Board rather than the Zoning Board of Appeals.
Prior to the preparation of and the submission of a plat for
approval, the subdivider should proceed to gather the necessary information
and data on the existing conditions at the site. He should study the
site suitability and opportunities for development. Presumably he
will discuss financing, planning and marketing with the lending institutions.
With his licensed land surveyor and/or engineer, he should develop
a sketch plan, which in turn should be submitted to the Planning Board
for advice and assistance and should be accompanied by a preliminary
environmental assessment (EAF).
A.
At least 10 days before the next regularly scheduled meeting of the
Planning Board, the subdivider should request an appointment with
the Planning Board for the purpose of reviewing the sketch plan. The
Planning Board Clerk will notify the subdivider of the time, date
and the place that the Planning Board will meet to consider and review
such sketch plan and the subdivider's program as they relate to the
Comprehensive Plan, if any, design standards and improvement requirements.
B.
This meeting is intended to assist the subdivider in the planning
and preparation of the preliminary or final plat in order to save
him both time and money in preparing maps and plans. At this meeting,
the plan will be classified as a minor or major subdivision by the
Planning Board as defined by this chapter. Subdivisions classified
as minor may proceed directly to preparation of a final plat without
submission and approval of a preliminary plat, which shall be required
for a major subdivision.
C.
This step does not require formal application, fee or filing with
the Planning Board.
Onondaga County Department of Health approval may be required
for any subdivision. Early contact by the subdivider with this Department
is advised.
All major subdivisions shall be subject to the preliminary plat requirements, as specified herein. The subdivider shall file an application for approval of the preliminary plat on forms available at the Town office, accompanied by all documents specified in Article IV herein.
A.
Review of subdivision. Following the review of the preliminary plat
and supplementary material submitted for conformity to these regulations,
and following negotiations with the subdivider on changes deemed advisable
and the kind and extent of improvements to be made by him, the Planning
Board shall hold a public hearing. This hearing shall be held within
62 days of the official submission date of the preliminary plat. The
subdivider shall attend the hearing. This hearing shall also fulfill
the requirements of SEQRA regarding the potential impact which the
proposed subdivision may have upon the environment. Within 62 days
from the public hearing, the Planning Board shall approve, approve
with modifications or disapprove the preliminary plat and state its
reasons for disapproval, unless the time in which the Planning Board
must take action on such preliminary plat is extended by mutual consent
of the subdivider and the Planning Board.
[Amended 12-8-2020 by L.L. No. 2-2020]
B.
Notice of public hearing. The hearing shall be advertised at least
once in the official newspaper of the Town at least five days before
the hearing. The Planning Board may provide that the hearing be further
advertised in such manner as it deems appropriate. Notice of the hearing
shall be mailed to the owners of all adjoining properties and properties
within 500 feet of the subdivided property at least five days before
the hearing.
[Amended 12-8-2020 by L.L. No. 2-2020]
C.
SEQRA review. The lead agency in the SEQRA review process will be
responsible for completion of a final environmental impact statement.
Statement findings must accompany approval of the preliminary plat.
D.
Notice of decision. Within five days of approval, the action of the
Planning Board shall be noted on three copies of the preliminary plat
and reference made to any modifications determined. One copy shall
be returned by mail to the subdivider and the other two copies retained
by the Planning Board.
E.
Effect of approval. Approval of a preliminary plat shall not constitute
approval of the final plat. The preliminary plat shall be a guide
to the preparation of the final plat. Before submission of the final
plat or any portion thereof for formal approval, the subdivider must
comply with these regulations and all requirements set forth by the
Planning Board in its review of the preliminary plat, and any requirements
of the Onondaga County Department of Health.
A.
All subdivisions as defined herein shall require final plat approval
by the Planning Board.
B.
The subdivider shall file with the Planning Board an application
for final plat approval on forms available at the Town office.
C.
The application shall be accompanied by the documentation specified in Article IV herein. Such application shall be submitted at least 14 calendar days prior to the meeting at which it is to be considered by the Planning Board and no later than six months after the date of the preliminary plat approval.
D.
Optional public hearing. A public hearing may be held by the Planning
Board after a complete application is filed and prior to rendering
a decision. This hearing shall be held within 62 days of the official
submission date of the final plat. The subdivider shall attend the
hearing. The Planning Board shall approve, conditionally approve or
disapprove the final plat within 62 days of the public hearing. The
time in which the Planning Board must take action on the final plat
may be extended by mutual consent of the subdivider and the Planning
Board. If the final plat is disapproved, the grounds for disapproval
(including a reference to the provision of these regulations violated
by the final plat) shall be stated in the record of the Planning Board.
Failure of the Planning Board to render a decision within the stated
sixty-two-day period shall be deemed final approval of the plat.
[Amended 12-8-2020 by L.L. No. 2-2020]
E.
Notice of public hearing. The hearing shall be advertised at least
once in the official newspaper of the Town at least five days before
the hearing. Notice of the hearing shall be mailed to the owners of
all adjoining properties within 500 feet of the subdivided property
at least five days before the hearing.
[Amended 12-8-2020 by L.L. No. 2-2020]
F.
Waiver of public hearing. If the final plat is in substantial agreement
with the approved preliminary plat, the Planning Board may waive the
public hearing requirement. If no hearing is held, the Planning Board
shall approve, conditionally approve or disapprove the final plat
within 62 days of its official submission date.
[Amended 12-8-2020 by L.L. No. 2-2020]
G.
Notice of decision. Within five days of approval, the subdivider
shall be notified by mail of the final action of the Planning Board.
He shall record the final plat, or the approved section thereof, in
the office of the Clerk of Onondaga County, New York within 62 days
after the date of approval; otherwise the final plat shall be considered
void and must again be submitted to the Planning Board for approval
before recording in the office of the Clerk of Onondaga County, New
York.
[Amended 12-8-2020 by L.L. No. 2-2020]
H.
Conditional approval. Upon conditional approval of such final plat,
the Planning Board shall empower a duly authorized officer to sign
the final plat upon completion of such requirements as may be stated
in the conditional approval resolution. The final plat shall be certified
by the Town Clerk. A certified statement of the requirements shall
accompany the final plat which, when completed, will authorize the
signing of the conditionally approved final plat. Upon completion
of the requirements, the final plat shall be signed by the duly authorized
officer of the Planning Board. Conditional approval of a final plat
shall expire 180 days after the date of the resolution granting conditional
approval. The Planning Board may, however, extend the expiration time
by additional periods of not more than 90 days each.
[Amended 12-8-2020 by L.L. No. 2-2020]
I.
Filing of plats in sections.
(1)
Prior
to granting conditional or final approval of a plat in final form
the Planning Board may permit the final 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 final plat be completed before
such sections may be signed by the duly authorized officer of the
Planning Board. Conditional or final approval of the sections or a
final plat subject to any conditions imposed by the Planning Board
shall be granted concurrently with conditional or final approval of
the final plat.
(2)
In the event the subdivider shall file only a section of such approved
final 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 in each town in which any portion of the land described
in the plat is situated. 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 § 265-a
of the Town Law.
J.
The Code Enforcement Officer shall not be authorized to issue a building
permit or a certificate of occupancy for any structure on any lot
in the subdivision unless and until the approved plat shall have been
filed in the office of the County Clerk as required by this section.
[Amended 12-8-2020 by L.L. No. 2-2020]
[Added 9-24-2007 by L.L.
No. 6-2007]
A.
Preliminary subdivision plat. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 234, Stormwater Management and Erosion and Sediment Control, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 234. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 234.
B.
Final subdivision plat. A stormwater pollution prevention plan consistent with the requirements of Chapter 234 and with the terms of preliminary plat approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 234. The approved final subdivision plat shall be consistent with the provisions of Chapter 234.
[Amended 12-8-2020 by L.L. No. 2-2020]
