Whenever any subdivision of land is proposed to be made and
before any contract for the sale of or any offer to sell any lots
in such subdivision or any part thereof is made, and before any permit
for the erection of a structure in such proposed subdivision shall
be granted, the subdividers or their duly authorized agent shall apply
in writing for approval of such proposed subdivision in accordance
with the following procedures.
Prior to proceeding under any other section of this article,
the subdividers may consult with the Planning Board regarding their
project. The purpose of this consultation is to provide the subdivider
with an indication of the Planning Board's feelings regarding
a project before the subdivider commits funds for design and engineering.
Should the subdividers wish to avail themselves of this opportunity,
the procedure shall be as follows:
A.
The subdividers shall notify the Secretary of the Planning Board
at least five days prior to the next meeting that they wish to have
their project placed on the agenda.
B.
The subdivider will be placed on the next meeting's agenda and
will be heard after all applications, both new and tabled, are considered.
C.
No formal vote will be taken on the proposed project, and all Planning
Board members will be asked for their informal opinion on it. Should
a majority of the members indicate that they are favorably inclined
towards the project, the subdivider shall not take this as an indication
that either final or preliminary approval will ultimately be given,
as this can only happen when all of the information required for preliminary
or final approval is given.
A.
When used. An applicant who wishes to take advantage of the sketch plan procedure to save time and expense in reaching general agreement with the Planning Board may submit a sketch plan prepared in accordance with Article III of this chapter. The sketch plan may be used prior to applying for preliminary approval of a major subdivision or approval of a minor subdivision or a one-lot subdivision. The use of a sketch plan is mandatory for applications under § 278 of the Town Law.
[Amended 12-13-1995 by L.L. No. 9-1995]
B.
Submission. Nine copies of the sketch plan shall be submitted to
the Secretary of the Planning Board at least 14 days prior to the
next regular meeting of the Planning Board. The plan shall be accompanied
by the proper fee.[1]
C.
Meeting with Planning Board. The subdividers or their representative
shall attend the meeting to discuss the requirements of the subdivision
concerning street improvements, drainage, sewage disposal, water supply,
fire protection and other pertinent aspects. The Board, at its option,
may refer the plan to the Ogden Conservation Board, the Town Engineer,
the Monroe County Planning Department or any other appropriate agency
for review and comment.
D.
Applicant to be informed of Board's decision. Within 45 days
of the meeting described in the preceding subsection, the Planning
Board shall inform the applicant of its comments and recommendations
regarding the plan. In no event shall the applicant construe a favorable
indication as meaning that preliminary or final approval will ultimately
be given, as this can only be done after a public hearing.
B.
Application and fee. Either 19 copies (if any side of the land is
bounded by a county or state road or is within 500 feet of a county
or state road intersection or another municipality) or 10 copies of
the subdivision plan, a subdivision application form and an environmental
assessment questionnaire shall be delivered to the Secretary of the
Planning Board, accompanied by the correct fee.
C.
Date officially submitted. The time of submission of the plan shall
be considered to be the date on which the application for plan approval,
complete and accompanied by the required fee and all data required
by this chapter, has been filed with the Secretary of the Planning
Board.
D.
Upon submission in proper form, the Secretary of the Planning Board
shall:
(1)
If county review is required, send the appropriate number of plans
and other documents to the Monroe County Planning Department. In no
event shall this be done later than seven days after the application
is submitted.
(2)
Send a copy of the application, the environmental assessment questionnaire
and one copy of the plan to the Ogden Conservation Board. In no event
shall this be done later than seven days after the application is
submitted.
(4)
Send a copy of the application and accompanying information to the
Town Engineer for the Town Engineer's review. In no event shall
this be done later than seven days after the application is submitted.
E.
Conservation Board review. Upon receipt of the subdivision plan,
the Conservation Board shall place the subdivision on its next agenda.
If, in the opinion of the Chairman of the Conservation Board or the
Chairman's delegate, the environmental impact of the proposed
subdivision is of such a nature as to require more in-depth study,
the subdivider may be required to attend the next Conservation Board
meeting. Upon completion of the review, the Conservation Board shall
notify the Planning Board of its recommendations regarding the project.
In order to be considered by the Planning Board, the report from the
Conservation Board shall be received within 30 days of the Conservation
Board's receipt of the application and accompanying data.
F.
Public hearing. A public hearing shall be held by the Planning Board
within 62 days from the time of submission of the completed application.
The hearing shall be advertised in a newspaper of general circulation
in the Town at least five days before such hearing. In addition, notice
shall be sent to all property owners within 200 feet of the proposed
subdivision at least five days prior to the public hearing.
[Amended 12-13-1995 by L.L. No. 9-1995]
G.
Remaining lands. If the application covers only a part of the subdivider's
entire holding, a map of the entire tract, drawn to a scale of not
more than 400 feet to the inch, showing an outline of the planned
area with its proposed streets and indication of the probable future
street system, if any, with its grades and drainage in the remaining
portion of the tract and the probable future drainage layout of the
entire tract, shall be submitted. The part of the subdivider's
holdings submitted for approval shall be considered in light of the
entire holdings.
H.
Reclassification. If at any point in the process the Planning Board
determines that a one-lot subdivision or minor subdivision is, in
reality, part of a major subdivision and that the intent is to avoid
the regulations pertaining to major subdivisions, the Planning Board
may, after stating its reasons for doing so:
I.
Action by Planning Board.
[Amended 12-13-1995 by L.L. No. 9-1995]
(1)
Within 62 days from the date of the public hearing, the Planning
Board shall approve, disapprove or grant conditional approval of the
subdivision plan. This time may be extended by mutual consent of the
Planning Board and the subdivider. Failure of the Planning Board to
act within such time shall constitute approval of the plan.
(2)
The Planning Board shall not take action on the plan until it has
received the reports from the Town Engineer, the Conservation Board,
Fire Marshal, Superintendent of Highways and, when required, the Monroe
County Planning Department. This subsection shall not apply if the
above agencies have failed to report within the time required by state,
county or Town law or within 30 days of referral.
(3)
Upon granting conditional approval, the Planning Board shall empower
a duly authorized officer to sign a plat upon completion of such conditions
or requirements as may be stated in its resolution of conditional
approval. Within five days of the resolution granting approval, a
copy of the approved map shall be on file in the Secretary's
office, and a notice of decision shall be mailed to the subdivider,
noting the requirements which, when completed, will authorize the
signing of the approved plat. Upon completion of such requirements,
the plat shall be signed by the duly authorized officer of the Planning
Board. Conditional approval of a plat shall expire 180 days after
the date of the resolution granting such approval, unless the requirements
have been certified as completed within that time. The Planning Board
may, however, extend for a period of 90 days each the time in which
a conditionally approved plat may be submitted for signature if, in
the Board's opinion, such extension is warranted by the particular
circumstances.[3]
In the case of a major subdivision, the following procedure
will apply:
A.
The subdividers may, at their option, have a preapplication conference with the Planning Board and/or submit a sketch plan in accordance with §§ 254-14 and 254-15 of this article. In the case of a major subdivision which wishes to make use of the provisions of § 254-22, Cluster subdivisions, of this article, the sketch plan is mandatory.
B.
Application and fee. Either 21 copies (if any side of the land is
bounded by a county or state road or is within 500 feet of a county
or state road intersection or another municipality) or 13 copies of
the preliminary plan, a subdivision application form and an environmental
assessment questionnaire shall be delivered to the Secretary of the
Planning Board, accompanied by the proper fee.
[Amended 12-13-1995 by L.L. No. 9-1995]
C.
Date officially submitted. The time of submission of the plan shall
be considered to be the date on which the application for plan approval,
complete and accompanied by the required fee and all data required
by this chapter, has been filed with the Secretary of the Planning
Board.
D.
Upon submission in proper form, the Secretary of the Planning Board
shall:
(1)
If a county review is required, send the appropriate number of plans
and other documents to the Monroe County Planning Department. In no
event shall this be done later than seven days after the application
is submitted.
(2)
Send a copy of the application, the environmental assessment questionnaire
and one copy of the plan to the Ogden Conservation Board. In no event
shall this be done later than seven days after the application is
submitted.
(4)
Send a copy of the application and accompanying information to the
Town Engineer for the Town Engineer's review. In no event shall
this be done later than seven days after the application is submitted.
E.
Conservation Board review. Upon receipt of the subdivision plan,
the Conservation Board shall place the subdivision on the agenda of
its next meeting. Unless excused by the Chairman of the Conservation
Board or the Chairman's delegate, the subdivider shall attend
this meeting and answer questions regarding this subdivision. Upon
completion of its review, the Conservation Board shall notify the
Planning Board of its recommendations regarding the project. In order
to be considered by the Planning Board, the report from the Conservation
Board shall be received within 30 days of the Conservation Board's
receipt of the application.
F.
Public hearing. A public hearing shall be held by the Planning Board
within 62 days of the time of the submission of the completed application.
The hearing shall be advertised in a newspaper of general circulation
in the Town at least five days before such hearing. In addition, notice
shall be mailed to all property owners within 200 feet of the proposed
subdivision at least five days prior to the hearing.
[Amended 12-13-1995 by L.L. No. 9-1995]
G.
Remaining lands. If the application covers only a part of the subdivider's
entire holding, a map of the entire tract, drawn to a scale of not
more than 400 feet to the inch showing an outline of the planned area
with its proposed streets and indication of the probable future street
system, with its grades and drainage in the remaining portion of the
tract and the probable future drainage layout of the entire tract,
shall be submitted. The part of the subdivider's holdings submitted
for approval shall be considered in light of the entire holdings.
The subdivider shall provide a Tax Map of the adjoining properties.
[Amended 12-13-1995 by L.L. No. 9-1995]
H.
Action by Planning Board.
[Amended 12-13-1995 by L.L. No. 9-1995]
(1)
Within 62 days of the date of the public hearing, the Planning Board
shall approve, with or without modification, or disapprove the preliminary
plan, and the grounds of a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board.
The time that the Planning Board may take action on the plan may be
extended beyond 62 days by the mutual agreement of the subdivider
and the Planning Board. When approving the preliminary plan, the Planning
Board shall state, in writing, modifications, if any, it deems necessary
for submission of the plan in final form. Within five days of the
approval of the preliminary plan it shall be certified by the Secretary
of the Planning Board as granted preliminary approval and a copy filed
in the Secretary's office and a certified copy mailed to the
subdivider. Failure of the Planning Board to act within the prescribed
period of time shall constitute approval of the plan.
(2)
The Planning Board shall not take action on the plan until it has
reviewed the reports from the Town Engineer, the Conservation Board,
Fire Marshal, Superintendent of Highways and, when required, the Monroe
County Planning Department. This subsection does not apply if the
aforementioned agencies have failed to report within the time required
by state, county or Town law.
A.
Within six months of the approval of the preliminary plan, the subdivider shall submit a plat in final form in accordance with the provisions of Article III, § 254-25, and the current Town Design Criteria and Construction Standards.[1] If the plat is not submitted, the approval of the preliminary
plan may be revoked by the Planning Board.
[1]
Editor's Note: The current Town Design Criteria and Construction
Standards are on file in the Town offices.
B.
Application. The original and nine copies of the final plat, an application
form and copies of all offers of cession, covenants and easements
and two prints of all construction drawings shall be submitted to
the Secretary of the Planning Board. Unless there has been an increase
in the number of lots from the preliminary plan or unless a new public
hearing is required, there will be no additional application fee.
C.
Date officially submitted. The time of submission of the 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 this chapter, has been filed with the Secretary of the Planning
Board.
E.
Planning Board review and public hearing. If the Planning Board finds that the plat submitted for final approval is in substantial agreement with the preliminary plan approved under § 254-17 of this article and modified in accordance with the requirements of such approval, if any, the Planning Board may waive the requirements for a public hearing. If the plat is not found to be in substantial agreement with the preliminary plan, the Board shall direct that a public hearing be held. Such hearing shall be held within 62 days of the submission of the plat in final form. This hearing shall be advertised once in a newspaper of general circulation in the Town at least five days prior to the public hearing, and all property owners within 200 feet of the subdivision shall be mailed notice within five days of such hearing.
[Amended 12-13-1995 by L.L. No. 9-1995]
F.
Action by Planning Board. The Planning Board shall by resolution
conditionally approve, with or without modification, disapprove or
grant final approval and authorize the signing of the plat within
62 days after the date of the receipt of the plat by the Secretary
of the Planning Board if no public hearing is held or, if a public
hearing is required, within 62 days after such public hearing. This
time may be extended by mutual consent of the Planning Board and the
subdivider. Failure of the Planning Board to take action on the final
plat within the time prescribed shall be deemed approval of the plat.
Upon resolution of conditional approval of the final plat, the Planning
Board shall empower a duly authorized officer to sign the plat upon
completion of such requirements as may be stated in the resolution.
Within five days of the approval of the plat, the plat shall be certified
by the Secretary of the Planning Board as conditionally approved and
a copy filed in the Secretary's office and a certified copy mailed
to the subdivider. The copy mailed to the subdivider shall include
a certified statement of such requirements which, when completed,
will authorize the signing of the conditionally approved final plat.
Upon completion of such requirements, the 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 such approval, unless the requirements have been certified
as completed within that time. The Planning Board may, however, extend
for a period of 90 days each the time within which a conditionally
approved plat may be submitted for signature if, in its opinion, such
extension is warranted by the particular circumstances.
[Amended 12-13-1995 by L.L. No. 9-1995[2]]
A.
Upon completion of the requirements of this article, the subdivider
shall file the plat in the office of the Monroe County Clerk. Any
such plat not filed or recorded within 62 days of the date upon which
the plat is approved or considered to be approved by failure of the
Planning Board to act shall become null and void.[1]
B.
No changes, erasures, modifications or revisions shall be made on
any subdivision plat after approval has been given by the Planning
Board and endorsed, in writing, on the plat unless the plat is first
resubmitted to the Planning Board for modification and the Board approves
such modification. In the event that any such subdivision plat is
recorded without complying with this requirement, 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.
C.
Prior to the actual filing of the approved plat containing all signatures,
the subdivider shall furnish the Secretary of the Planning Board with
one reproducible Mylar sepia and one blue-line print of the plat.
D.
All plats so approved and filed after January 1, 2001, shall be subject
to mandatory review and reapproval by the Planning Board in the event
that significant construction upon the premises has not commenced
within five years from the date of the final approval of the plat
by the Town Planning Board.
[Added 1-24-2001 by L.L.
No. 5-2001]
E.
All plats approved and filed prior to January 1, 2001, may be subject
to review and reapproval by the Planning Board in the event that significant
construction upon the premises has not commenced within five years
from the date of the approval of the plat by the Town Planning Board.
Such review and reapproval may be required by the Building Inspector
to address such concerns as grading, drainage, design, layout, lot
size, setbacks and such other matters as may reasonably be related
to the plat under review.
[Added 1-24-2001 by L.L.
No. 5-2001]
Should the subdivision approved by the Planning Board require
that improvements be made and that these improvements shall be covered
by a letter of credit, the following procedure will apply:
A.
Before the stripping of any ground cover, construction of any sort,
site grading or any other site improvements or before the issuance
of any permit, the subdivider shall make, execute and file with the
Town Clerk a letter of credit in the amount of the estimated cost
of the total project or section thereof. The estimate shall be prepared
by the subdivider's licensed engineer, verified by the Town Engineer
and approved, as to form, by the Town Attorney. The letter of credit
shall guarantee that, upon termination of the operation, the project
shall be in conformity with both the approved specific requirements
and the standards set forth in this chapter.
B.
Default. In the event of default of compliance with the conditions
of this chapter or any other applicable laws, such credit shall be
forfeited to the Town. The Town shall return to the applicant any
amount that is not needed to cover the costs of restoration, administration
and other expenses incurred by the Town as a result of the applicant's
default.
C.
Release. The letter of credit shall continue in full force and effect until a request is made by the subdivider to the Supervisor for a release. The Supervisor shall then submit the request to the Town Engineer for the Town Engineer's recommendation. Upon receipt of the Town Engineer's recommendation and after review with the Superintendent of Highways, the Building Department and the Town Attorney, the Supervisor may authorize releases up to 90% of the total letter of credit. Before the release of the remaining 10% of the letter of credit, the Town shall draw down on the letter of credit in an amount equal to 10% of the letter of credit costs for all roadways and facilities to be dedicated to the Town, and such sums shall be retained by the Town for a period of two years after dedication of the roadways and facilities (see § 254-21) so as to assure maintenance and repair of such roadways and facilities during such two-year period. In addition, the subdivider shall provide the Supervisor with an affidavit stating that all contractors, subcontractors and suppliers have been paid or listing all exceptions with the amounts outstanding. The Supervisor shall again submit letters to the Town Engineer for the Town Engineer's recommendation, after which the Superintendent of Highways and the Building Department shall make final inspections of the improvements and forward to the Supervisor their recommendations before the Supervisor authorizes final release of the remaining letter of credit funds, less any sums retained by the Town as hereinbefore provided.
[Amended 12-13-1995 by L.L. No. 9-1995]
A.
The approval by the Planning Board of a subdivision plat shall not
be deemed to constitute or be evidence of any acceptance by the Town
of any street, easement or other open space shown on the subdivision
plat.
B.
The dedication to the Town of any street, easement or open space
shall follow the procedures set out below:
(1)
The Town shall have on deposit the maintenance funds as required in § 254-20 of this article.
[Amended 12-13-1995 by L.L. No. 9-1995]
(2)
The subdivider shall have a complete, written legal description of
the properties to be dedicated.
(3)
The subdivider shall submit a complete set of as-built maps as required
by the Town Engineer.
(4)
The subdividers shall have written certification from their engineer
that the completed construction conforms to Town standards.
[Amended 12-13-1995 by L.L. No. 9-1995]
(5)
The facilities to be dedicated to the Town shall be inspected by
the Highway Superintendent, or designee, prior to dedication.
[Added 12-13-1995 by L.L.
No. 9-1995]
(6)
The Town Attorney shall verify that all documentation is correct
and complete.
(7)
The Town Board shall, by resolution of the Board, authorize acceptance
of the offer of dedication.
[Amended 12-13-1995 by L.L. No. 9-1995]
When the subdividers seek to apply the provisions of § 278
of the New York Town Law (clustering) to their project, the following
steps are required prior to application for preliminary approval:
B.
Planning Board review. After review of the sketch plan and within the time prescribed by § 254-15 of this article, the Planning Board shall forward a written recommendation to the Town Board indicating whether or not it recommends approval of the use of § 278 for the subdivision. A copy of this recommendation shall also be sent to the subdivider.
C.
Meeting with Town Board. After the Planning Board recommendation
is forwarded to the Town Board, the subdividers shall schedule a meeting
with the Town Board to present their proposal. This presentation must
include the sketch plan. Within 30 days of said meeting, the Town
Board shall, by resolution, either authorize or prohibit the Planning
Board from considering the subdivision under § 278.
D.
Time limit. Unless the subdivider applies for preliminary or plat
approval within six months of a resolution by the Town Board authorizing
§ 278, such authorization shall expire.
[Added 12-13-1995 by L.L.
No. 9-1995]
When a site plan (or planned development) involves signs, the appropriate sign permits must be obtained as provided in Chapter 224, Signs.
