[Amended 5-11-1995 by L.L. No. 3-1995; 6-25-2020 by L.L. No. 3-2020]
When submitting materials for review and approval of a sketch
plan, the developer shall obtain copies of the Land Development Regulations
(this chapter) and application forms from the Zoning Officer. Twelve
complete application packages, including necessary fees, shall be
submitted to the Zoning Officer, who shall distribute them to the
Town Clerk, the Planning Board, Town department heads and consultants,
retaining a copy for the Planning Board file. At the next Planning
Board business meeting occurring after the submission of a complete
application, the Planning Board shall receive comments, questions
and recommendations from the Town's advisory staff. The Planning Board
shall discuss with the developer the classification of the proposed
project, questions and comments for further consideration.
[Amended 6-25-2020 by L.L. No. 3-2020]
A. Upon classification of the proposed subdivision as a minor subdivision,
the developer may prepare and file an application for the approval
of the preliminary, final plan with the Planning Board Clerk following
sketch plan approval. For minor subdivisions, the preliminary and
final approval may be obtained at one planning meeting if all submittals
are complete. The developer shall submit 12 copies for distribution
by the Planning Board Clerk.
B. The Planning Board Clerk shall distribute them to the Town Clerk,
the Planning Board members, Town department heads and consultants
and, if necessary, to the Wayne County Planning Agency pursuant to
§ 239-n of the General Municipal Law. The Planning Board
Clerk shall also give notice to adjacent municipalities in accordance
with General Municipal Law § 239-nn.
C. The plan shall be prepared and certified as accurate by a licensed
professional, in accordance with the requirements of this chapter
and any conditions imposed by the Planning Board in sketch plan approval.
The application shall be scheduled and advertised for public hearing
within 62 calendar days of receipt of a complete application by the
Planning Board Clerk. The notice of the hearing shall be published
at least once in a newspaper of general circulation in the Town at
least five calendar days prior to the hearing date. At the hearing,
all interested parties shall be given the opportunity to be heard.
D. Following the public hearing, the Planning Board shall comply with
the provisions of the State Environmental Quality Review Act (SEQR)
under Article 8 of the Environmental Conservation Law and its implementing
regulations as codified in 6 NYCRR Part 617 before proceeding to preliminary
motions of approval. Upon the close of the public hearing and within
62 calendar days thereafter, unless such time limit is extended by
mutual consent of the Board and the applicant, the Planning Board
shall conditionally approve with or without modifications, disapprove
the application or grant final approval.
[Amended 6-25-2020 by L.L. No. 3-2020]
A. Within the period contained in the resolution approving the preliminary
plan of the subdivision, the developer may construct all of the improvements
required to serve the subdivision, including streets, water, sanitary
and drainage utilities, trees, sidewalks, monuments and other improvement
shown on the preliminary plan or required by the Planning Board's
approval, provided that the plan has received final approval of the
Town Engineer and Town department heads before construction begins.
B. Upon the completion of improvements, the final plan shall be prepared
in accordance with this chapter. Record engineering drawings prepared
by the developer's engineer certifying the location and installation
of such improvements, together with the bills of sale to all utilities,
tender of dedications and deeds to all streets and easements shall
be submitted to the Planning Board Clerk. If the plan and improvements
do not comply with Town regulations, the Planning Board will reject
the plan until the necessary changes are made to allow the plan and/or
improvements to comply with Town regulations.
C. If the Board deems the final plan to be in substantial agreement
with the approved preliminary plan, it may waive public hearing on
the final plan, and it must act on the final plan within 62 calendar
days of receipt of a complete application requesting final plan approval
by the Planning Board Clerk, unless such time limit is extended by
mutual consent of the applicant and the Planning Board. Otherwise,
the Planning Board shall hold a public hearing with respect to such
final plan within 62 calendar days after the time of submission of
such plan for approval, which hearing shall be advertised in a newspaper
of general circulation in the Town at least five calendar days before
such hearing. The final plan must include the approvals of all agencies
prior to being considered for final approval by the Planning Board.
D. Upon holding the public hearing, the Planning Board may thereupon
approve, conditionally approve or disapprove such plan. The approval
or the refusal to approve shall take place within 62 calendar days
from and after the time of the hearing.
[Amended 6-25-2020 by L.L. No. 3-2020]
Once the Planning Board has granted final approval and before
the final signatures are placed on the plan, the developer shall enter
into an agreement with the Town Board for the subsequent completion
of the platted improvements. The developer shall submit with the tender
of dedication and deeds to all streets and easements an irrevocable
letter of credit so as to assure the proper and timely completion
of the required improvements, including record drawings.
The subdivider shall tender offers of cession in a form certified
as satisfactory by the Town Attorney of all land included in streets,
highways or parks not specifically reserved by him. Approval of a
plan by the Planning Board shall not constitute an acceptance by the
Town Board of the dedication of any street, highway, utility, park
or other public open space.
[Amended 6-25-2020 by L.L. No. 3-2020]
A. The approval by the Planning Board of a plan showing lots, blocks
or sites, with or without streets or highways, or the approval by
the Board of the development of a plan or plans already on file in
the office of the Wayne County Clerk or the certificate of the Macedon
Town Clerk as to date of submission for which no hearing was duly
held, or the date of the hearing for the approval or disapproval of
such plan as the case may be, and the failure of the Planning Board
to take action thereon within the time prescribed, shall expire 62
calendar days from the date of the signing of the plan by the Planning
Board or of such certificate, unless within such sixty-two-calendar-day
period such plan or a section thereof shall have been duly filed or
recorded by the owner in the office of the Wayne County Clerk.
B. If the owner shall file only a section of an approved plan, within
such sixty-two-calendar-day period, such section shall encompass at
least 10% of the total number of lots contained in the approved plan,
and the approval of the remaining sections of the approved plan shall
expire unless said sections are filed before the expiration of the
exemption period to which such plan is entitled under the provisions
of the Town Law. In the event that the owner shall file only a section
of such approved plan in the office of the Wayne County Clerk, the
entire approved plan shall be filed within 30 calendar days of the
filing of such section with the Macedon Town Clerk.
All site plans shall be prepared in accordance with this chapter
and shall require Planning Board approval. Items relating to boundary
data may be omitted if the parcel designation is on file with the
County Clerk's office. (See Site Plan Review Process Flow Chart.)
Before any construction begins on a subdivision or facilities
to be dedicated to the Town, a pre-construction meeting must be held
to address the plans and intended improvements. The installation of
improvements and development of any land shall be subject to construction
observation at all stages by representatives of the Town. For such
purposes free access shall be accorded and requested information shall
be promptly submitted. All costs of construction observation, including
testing of materials, shall be paid for solely by the developer. A
sufficient sum shall be provided by the developer in either the letter
of credit or cash for the project observation costs.