Pursuant to the authority granted to the Town in §§ 268,
276 and 277 of the Town Law, the Town Board of the Town of LaFayette
has previously by resolution authorized and empowered the Planning
Board of the Town of LaFayette to approve plats within that part of
the Town of LaFayette outside the limits of any incorporated city
or village; and to pass and approve the development of plats already
filed in the office of the Clerk of Onondaga County if such plats
are entirely or partially undeveloped, and the Planning Board was
also authorized and empowered to approve or disapprove 1) changes
in the lines of existing streets, highways or public areas shown on
subdivision plats or maps filed in the office of the Clerk of Onondaga
County, 2) the laying out, closing off or abandonment of streets,
highways or public areas under the provisions of the Town Law and
Highway Law within that part of the Town of LaFayette outside the
limits of any incorporated city or village.
These regulations shall be known as the "Subdivision Control
Regulations of the Town of LaFayette."
The purpose of these regulations is to provide for orderly,
efficient growth within the community, and to afford adequate facilities
for the transportation, housing, comfort, convenience, safety, health
and welfare of its population.
The Subdivision Control Regulations shall be administered by
the Planning Board and the Code Enforcement Officer.
The Planning Board may waive, subject to appropriate conditions,
the provision of any or all of such improvements and requirements
as in its judgment of the special circumstances of a particular plat
or plats are not requisite in the interest of the public health, safety
and general welfare, or which in its judgment are inappropriate because
of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision.
Wherever any subdivision of land is proposed to be made and
before any contract for the sale of, or any offer to sell such subdivision
or any part thereof is made, the subdivider shall apply in writing
to the Planning Board for approval. Applications may be obtained from
the Town Clerk. Applications shall be filed with, and fees paid to,
the Town Clerk.
A. Filing fees.
[Amended 12-8-2020 by L.L. No. 2-2020]
(1) Subdividers
are required to pay fees to cover a portion of the reasonable cost
of administering these regulations, including, but not limited to,
the engineering fees incurred by the Town in obtaining from the Town
Engineer a report on the adequacy of the subdivider's drainage plan,
and all reasonable legal, clerical and advertising expenses incurred.
At the time a subdivider first submits an application for approval
of a proposed subdivision plat, and before the hearing on the proposed
subdivision shall be called and opened, the subdivider shall pay a
fee as set from time to time by the Town Board. Within 60 days after
the final plat is filed in the office of the Onondaga County Clerk,
or within 60 days after an application is withdrawn, the Town Clerk
shall refund to the subdivider the unexpended portion of the sums
collected above.
(2) The subdivider or developer shall reimburse the Town for all reasonable and necessary legal, engineering and/or other professional consulting fees incurred by the Town in connection with the proposed project in accordance with Chapter
160, Fees, Article
I, of the Town Code.
B. Cost of engineer's certificates.
(1) Subdividers
are responsible for the cost of obtaining a certificate of approval
for the final plat from either the Town Engineer or an approved engineer.
Subdividers who obtain a certificate of approval from the Town Engineer
may choose one of the following options:
(a)
The subdivider may contact the Town Engineer and obtain an estimate
of the costs to the Town of employing the Town Engineer to review
the subdivider's plats, specifications and proposed improvements and
certify the final plat (the "estimate"). The subdivider shall deliver
to the Town Clerk a copy of the estimate, and shall deposit the amount
of the estimate, plus 10%, with the Town Clerk before the public hearing
on the proposed subdivision shall be called and opened; or
(b) The subdivider may, at the time of filing the application for subdivision
approval, pay an estimated engineering fee in an amount set from time
to time by the Town Board.
[Amended 12-8-2020 by L.L. No. 2-2020]
(2) Within 60 days after the final plat is filed in the office of the Onondaga County Clerk, or within 60 days after an application for plat approval is withdrawn or disapproved, the Town Clerk shall refund to the subdivider the unexpended portion of the sums collected in Subsection
B(1)(a) or
(b) above.
C. Costs of engineer's inspections. Subdividers are responsible for
the cost of inspections of all improvements by the Town Engineer.
At least five days prior to commencing the construction of the first
of the required improvements, the subdivider shall pay to the Town
Clerk a fee in an amount set from time to time by the Town Board to
cover the cost of these inspections. Unless and until the subdivider
shall pay the inspection fee, no certificate of occupancy shall be
issued for any structure erected upon any lot in the subdivision nor
shall the Town accept the dedication of any road or other improvement
in the subdivision.
[Amended 12-8-2020 by L.L. No. 2-2020]