A.
The basic procedures as summarized hereafter are those as outlined
in the various aspect of Town Law, specifically but not limited to,
Town Law §§ 261-b, 271, 274-a, 276, 277, 278, 279,
280, 281 and 283-a. The applicant or designated representatives should
be aware of the approval process as outlined in the various section
of the Town Law or as modified herein.
B.
Town approval of any subdivision shall be evidenced by a final plan
containing all the required signatures, filed in the Wayne County
Clerk's office. This approval shall be prerequisite to the issuance
of any building permit or certificate of occupancy for the use of
any land. Such approval shall hereafter be initiated and processed
in accordance with the following basic procedure.
[Amended 6-25-2020 by L.L. No. 3-2020]
C.
The Town of Macedon has a three-step approval process which includes
sketch, preliminary and final. All plans submitted to the Town shall
be clearly marked for the requested action by the Planning Board and
failure to submit a complete package of information will be cause
for rejection by the Planning Board.
D.
In accordance with Town Law § 271, Subdivision 10, all
meetings of the Planning Board shall be held at the call of the chairperson
and at such other times as such board may determine. Such chairperson
or, in his or her absence, the acting chairperson may administer oaths
and compel the attendance of witnesses.
[Amended 1-14-2016 by L.L. No. 1-2016]
E.
The developer may, prior to the formal approval process, file a concept
plan with the Zoning Officer which shall be discussed by the Planning
Board with the developer at the next available meeting for purposes
of classification, initial discussion concerning the layout, availability
of utilities, services and responsibilities. No formal action will
be taken by the Board for a concept discussion, and this process is
not required by the Town.
[Amended 5-11-1995 by L.L. No. 3-1995]
F.
An application for sketch plan approval shall be submitted to the
Zoning Officer by the Wednesday before the fourth Monday of the month.
Applications for Planning Board action must be submitted to the Planning
Board Clerk, folded to legal size with the title face showing. The
project will be discussed by the next Planning Board at the first
meeting of the next month following the submittal of a complete application.
[Amended 5-11-1995 by L.L. No. 3-1995; 11-13-1997 by L.L. No. 5-1997]
G.
The Town has established a Planning Review Committee consisting of
a Planning Board Member, Zoning Officer, Town department heads and
Town Engineer. The purpose of the Committee is to provide the Planning
Board with a comprehensive overview of a project early in the review
process. This committee meets to review all applications and provides
input for the Planning Board's consideration at their workshop meeting.
[Amended 6-25-2020 by L.L. No. 3-2020]
H.
After the applicant has received sketch plan approval from the Planning
Board, the applicant may submit a formal application for preliminary
plan approval and request a public hearing on the preliminary plan
after all required documents have been submitted to the Board. Concurrent
with or preceding the preliminary phase of the approval process, the
applicant must comply with the requirements of the New York State
Environmental Quality Review Act (SEQR).
[Amended 6-25-2020 by L.L. No. 3-2020]
I.
Once an application has received preliminary approval, the applicant
may make application for final approval through a complete submittal
to the Planning Board Clerk.
[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.
A.
Upon classification of the proposed subdivision as a major subdivision,
the developer shall prepare and submit a complete application with
12 copies of the proposed preliminary plan containing information,
as outlined in this chapter, to the Planning Board Clerk for distribution.
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.
[Amended 6-25-2020 by L.L. No. 3-2020]
C.
The application shall be scheduled and advertised for a public hearing
within 62 calendar days after receipt of the complete application
by the Planning Board Clerk. A notice of the public hearing shall
be published at least five calendar days prior to the meeting in a
newspaper of general circulation in the Town. At the hearing, all
interested parties shall be given the opportunity to be heard. If
verbatim minutes of the public hearing are requested by the developer
or any third party, the cost of such minutes shall be borne by the
requester.
D.
The Planning Board shall receive comments, questions and recommendations
on the proposed preliminary plan and shall discuss such with the developer.
E.
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. Within 62 calendar days of the close of the public
hearing, unless such time limit is extended by mutual consent of the
developer and the Board, the Planning Board may either approve, conditionally
approve with or without modifications or disapprove the preliminary
plan. In the event of disapproval, the grounds of such disapproval
shall be specified in the resolution. The Planning Board may waive,
when reasonable, any requirements or improvements for the approval,
approval with modifications or disapproval of subdivisions submitted
for its approval. Any such waiver, which shall be subject to appropriate
conditions, may be exercised in the event that any such requirements
or improvements are found not to be requisite in the interest of the
public health, safety and general welfare or inappropriate because
of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision.
[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.
A.
The applicant shall submit a complete application and 12 copies to
the Planning Board Clerk for final approval following preliminary
approval. The procedure for final approval is parallel to the process
for preliminary approval as outlined in previous sections, except
that the Planning Board may waive the public hearing at its discretion.
B.
The Planning Board may, in acting on a final plan, make its approval
subject to specific conditions set forth by the resolution, and the
plan may not be filed with the County Clerk, but must await the signature
of the Planning Board Chairperson which shall be affixed only after
the foregoing conditions have been met to the Board's satisfaction.
The developer shall have 180 calendar days to meet the conditions,
extendable by the Board for additional ninety-calendar-day periods
if, in the Board's opinion, particular circumstances warrant such
extension.
[Amended 6-25-2020 by L.L. No. 3-2020]
[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.
A.
A letter of credit or other form of financial security approved by
the Town Board shall be furnished for the installation of the required
improvements in the amount fixed by the resolution of the Planning
Board and shall be approved by the Town Board as to form, sufficiency
and manner of execution. The letter of credit shall be issued in favor
of the Town of Macedon and shall ensure the complete installation
of the required improvements within such period, not longer than three
years, as shall be fixed by the Planning Board. The letter of credit
shall be issued to the Town for an initial minimum period of one year.
B.
The following guaranties will be required for the development in
the Town:
(1)
Letter of credit.
(a)
An irrevocable letter of credit shall be submitted by the developer
to ensure the installation of improvements in an amount estimated
by the developer's engineer, reviewed by the Town Engineer with a
recommendation to the Town Board and approved by the Town Board.
(b)
The amount shall include, but not be limited to, the following
items (see Appendix A for typical format):
[1]
Total estimated construction cost of all utilities, laterals,
water services, roads, gutters, earthwork, etc.
[Amended 6-25-2020 by L.L. No. 3-2020]
[2]
Minimum 10% contingency factor.
[3]
Engineering and construction observation charges, which will
be a minimum of 5% based on the project complexity and construction
schedule.
[4]
Street signs and surveyor's monuments.
[5]
Maps.
[6]
Record drawings of installed facilities.
(2)
Maintenance bond.
(a)
Upon completion of the construction and as a condition of dedication
to the Town, a maintenance bond shall be provided by the developer
guaranteeing the total value of the project against faulty workmanship
or materials for a period of two years following the acceptance date
by the Town. Individual portions of the project, i.e., sanitary system,
water system, can be bonded with their individual acceptances by the
Town.
(b)
A maintenance bond for the pavement, gutters and/or sidewalks
will not be accepted until the entire project is ready for dedication.
[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.
A.
Between the interval of preliminary and final approvals of the subdivision
plan, the developer shall petition the Town Board for the creation
of the districts or extensions as necessary for a given development.
They may include districts or extensions which could be necessary
for sanitary sewers, water mains, stormwater disposal, sidewalks,
lighting or any particular creation for a specific development.
[Amended 6-25-2020 by L.L. No. 3-2020]
B.
In order to preserve the continuity and format of the application
of the districts to the various governing authorities, the Town Attorney
and Town Engineer shall review the necessary documents and maps, and
the Town Clerk will be responsible for publication and filing requirements.
All costs for the formation of these districts shall be paid for by
the developer to the Town within 30 calendar days of its receipt of
a bill therefor.
C.
Required improvement districts must be extended or created by the
Town Board before the signature of the official of the Planning Board
may be affixed to the approved subdivision plan.
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.[1])
[1]
Editor's Note: The Site Plan Review Process Flow Chart is
included as an attachment to this chapter.
A.
If easements are required on a project, the Town has established
a procedure to facilitate the process and has a detailed handout for
applicants to follow. In summary, all proposed easements must be submitted
to the Town's Building Department with map, description, easement
form, transfer gains affidavit and filing fees. The Town will assign
a control number, and the complete package will be submitted to the
Town Attorney for review.
B.
Once approved the easement will be filed in the Wayne County Clerk's
office by the Town of Macedon and proof of such submitted to the Town
Clerk.
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.
A.
Letters of credit.
(1)
The procedure required for the release of funds is as follows:
(a)
Submission of periodic construction estimates by the contractor
to the developer and the design engineer.
(b)
The site shall be reviewed by the Town's and developer's agents
to review the comparison of the work completed to the monetary value
of the requested release of funds.
(d)
The Town Engineer shall then submit the proposed estimate to
the Town's fiscal officer for the final authorization of release of
funds from the letter of credit. Approval by the Town officials for
authorized periodic payments is not to be construed as acceptance
of the work completed to date.
(e)
Partial release from the letter of credit may be granted by
the Town Board as individual components of the subdivision development
are completed. This shall not be construed as final acceptance of
the work by the Town.
(2)
If the required improvements are not completely installed within
the period fixed or extended by the Planning Board, the Town Board
may declare the letter of credit in default and collect the amount
payable thereunder. Upon receipt of such amount, the Town shall cause
to install such improvements as were covered by the letter and as
commensurate with the extent of building development that has taken
place in the subdivision, not exceeding in cost, however, the amount
collected upon the letter of credit.
B.
Release of retainage. Retainage release shall be considered by the
Town Board after the systems have been tested and found acceptable
by the Town's representatives.
C.
Release of maintenance bond. Release of maintenance bond shall be
authorized, in writing, by the Town's fiscal officer upon final review
of the project site by Town authorities. This review will be completed
at least one month before the expiration of the bond.
