[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
All subdivisions
are required to be reviewed under the State Environmental Quality
Review Act (SEQRA). All actions will be deemed a Type I or unlisted
action under SEQRA. Depending on the determination of significance,
in which the lead agency must decide whether the action is likely
to have a significant adverse impact upon the environment, further
steps may be needed before the SEQR can be declared complete. A subdivision
application is considered complete and ready to go to the Planning
Board for preliminary review for a major subdivision, or final review
for a minor subdivision, when the SEQR is complete. From this point
in time, the sixty-two-day review process starts.
B.
A public
hearing is required during the preliminary plat for major subdivision
and, during final plat during minor subdivision [Town Law § 276,
Subdivision 5(d)(i)]. Public hearings on the SEQR can be coordinated
with the public hearing on the subdivision application.
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 subdivider or his duly authorized agent shall apply,
in writing, for approval of such proposed subdivision in accordance
with the following procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board, at least 10 days prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 261-24 for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider or his duly authorized representative shall attend
the meeting of the Planning Board to discuss the requirements of these
regulations for street improvements, drainage, sewerage, water supply,
fire protection and similar aspects, as well as the availability of
existing services and other pertinent information.
(2)
A determination is to be made at this time by the Planning Board as to whether the proposed subdivision is a minor or major subdivision as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with some or all of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 261-9, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 261-10, 261-11 and 261-13.
C.
Study of sketch plan. The Planning Board shall determine whether
the sketch plan meets the purposes of these regulations and shall,
where it deems it necessary, make specific recommendations in writing
to be incorporated by the applicant in the next submission to the
Planning Board.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a minor subdivision plat. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article V, § 261-25A. Failure to comply with any of the above will require a resubmission of the sketch plan to the Planning Board for reconsideration.
(2)
All applications for plat approval for minor subdivisions shall be
accompanied by a fee to be determined by the Town Board.
B.
Number of copies. Three copies of the minor subdivision plat shall
be presented to the Secretary of the Planning Board at least 10 days
prior to a scheduled monthly meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the minor subdivision plat.
D.
When officially submitted. The time of submission of the minor subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 261-25 of these regulations, has been filed with the Secretary of the Planning Board.
E.
A public hearing will be held by the Planning Board within 62 days
from the time of submission of the minor plat for approval. Said hearing
will be advertised in a newspaper five days before such hearing.
[Amended 7-13-1993 by L.L. No. 2-1993]
F.
The Planning Board shall, within 62 days from the date of said hearing,
approve, modify and approve or disapprove the subdivision plat.
[Amended 7-13-1993 by L.L. No. 2-1993]
B.
Number of copies. Three copies of the preliminary plat shall be presented
to the Secretary of the Planning Board at least 10 days prior to a
regular monthly meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the preliminary plat.
D.
Study of preliminary plat. The Planning Board shall study the preliminary
plat, taking into consideration the requirements of the community
and the best use of the land being subdivided. Particular attention
shall be given to the arrangement, location and width of streets,
their relation to the topography of the land, water supply, sewage
disposal, drainage, lot sizes and arrangement, the future development
of adjoining lands as yet unsubdivided and the requirements of the
Master Plan, the Official Map and Zoning Regulations.[1]
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by all data required by Article V, § 261-26 of these regulations, has been filed with the Secretary of the Planning Board.
F.
Conditional approval of the preliminary plat.
[Amended 7-13-1993 by L.L. No. 2-1993]
(1)
Within 62 days of submission of a preliminary plat, the Planning
Board will take action to approve, with or without modifications,
or disapprove such preliminary plat. Failure to act within such sixty-two-day
period shall constitute approval of the preliminary plat.
(2)
When granting approval of a preliminary plat, the Planning Board
shall state conditions of such approval with respect to specific changes,
the character and extent of required improvements for which waivers
may have been requested and may be waived without jeopardy to the
public health, safety, morals and general welfare, the amount of improvements
or the amount of all bonds. The action of the Planning Board, plus
any conditions, shall be noted on three copies of the preliminary
plat, one copy returned to the subdivider, one copy retained by the
Planning Board and one copy to the Town Board. Approval of a preliminary
plat shall not constitute approval but only deems an expression of
approval of the design submitted.
A.
The subdivider shall, within six months after the approval of a preliminary
plat, submit the final plat application in complete form and be accompanied
by the fee which is set from time to time by resolution of the Town
Board.
[Amended 7-13-1993 by L.L. No. 2-1993; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
B.
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the approval of the Planning Board shall provide the Secretary
of the Board with a copy of the application and three copies (one
copy suitable for recording with the St. Lawrence County Clerk) of
the plat, the original and one true copy of all offers of cession,
covenants and agreements and two prints of all construction drawings,
at least 10 days in advance of the regular monthly Planning Board
meeting at which it is to be officially submitted.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 261-27, of these regulations, has been filed with the Secretary of the Planning Board.
D.
Water and sewer facility proposals contained in the subdivision plat
shall be properly endorsed and approved by the Town Engineer and State
Department of Health. Applications shall be filed with all necessary
agencies.
[Amended 7-13-1993 by L.L. No. 2-1993]
E.
Public hearing. A public hearing will be held by the Planning Board
within 62 days (or other maximum time established by the Town Law)
after the subdivision plat has been submitted for approval. This hearing
will be advertised in a Town newspaper five days before such hearing.
[Amended 7-13-1993 by L.L. No. 2-1993]
F.
Action on the subdivision plat will be held within 62 days from the date of the public hearing; the Planning Board will either approve, modify or disapprove. Authorized officers will not sign the subdivision plat until the subdivider has complied with the provisions of § 261-13 of this article.
[Amended 7-13-1993 by L.L. No. 2-1993]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
Plats
subject to General Municipal Law (GML) § 239-n referral.
(1)
The
following applications for approval of preliminary or final plats
and undeveloped plats shall be subject to the referral requirements
of this section, if the application applies to real property within
500 feet of the following:
(a)
The boundary of any city, village, or town; or
(b)
The boundary of any existing or proposed county or state park or
other recreation area; or
(c)
The right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway; or
(d)
The existing or proposed right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines; or
(e)
The existing or proposed boundary of any county or state owned land
on which a public building or institution is situated; or
(f)
The boundary of a farm operation located in an agricultural district,
as defined by Article 25-AA of the Agriculture and Markets Law.
B.
The County
Planning Board has 30 days (GML § 239-n) to return to the
Town for local action stating no significant countywide or inter-community
impact, or to approve, modify, or disapprove the referred plat. If
agreed upon by all parties, this time limit may be extended mutually
by all parties.
C.
If the
County Planning Board recommends modification or disapproval of a
referred plat, the referring body shall not act contrary to such recommendation
except by a vote of a majority plus one of all the members thereof.
A.
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or Subsection A(2) below:
(1)
In an amount set by the Planning Board, the subdivider shall either
file with the Town Clerk a certified check to cover the full cost
of the required improvements or the subdivider shall file with the
Town Clerk a performance bond to cover the full cost of the required
improvements. Any such bond shall comply with the requirements of
§ 277 of the Town Law and shall be satisfactory to the Town
Board and Town Engineer as to form, sufficiency, manner of execution
and surety. A period of one year or such other period as the Planning
Board may determine appropriate, not to exceed three years, shall
be set forth in the bond within which required improvements must be
completed.
(2)
The subdivider shall complete all required improvements to the satisfaction
of the Town Engineer, who shall file with the Planning Board a letter
signifying the satisfactory completion of all improvements required
by the Board. For any required improvements not so completed, the
subdivider shall file with the Town Clerk a bond or certified check
covering the costs of such improvements and the cost of satisfactorily
installing any improvement not approved by the Town Engineer. Any
such bond shall be satisfactory to the Town Board and Town Engineer
as to form, sufficiency, manner of execution and surety.
(3)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such a map is submitted.
B.
Modification of design improvements. If at any time before or during
the construction of the required improvements it is demonstrated to
the satisfaction of a Town Engineer that unforeseen conditions make
it necessary or preferable to modify the location or design of such
required improvements, the Town Engineer may, upon approval by a previously
delegated member of the Planning Board, authorize modifications, provided
that these modifications are within the spirit and intent of the Planning
Board's approval and do not extend to a waiver or substantial
alteration of the function of any improvements required by the Board.
The Town Engineer shall issue any authorization under this section
in writing and shall transmit a copy of such authorization to the
Planning Board at their next regular meeting.
C.
Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall notify
the Town Board in writing of the time when he proposes to commence
construction of such improvements so that the Town Board may arrange
for inspections to be made to assure that all Town specifications
and requirements shall be met during the construction of required
improvements, and to assure the satisfactory completion of improvements
and utilities required by the Planning Board.
D.
Proper installation of improvements. If the Town Engineer finds,
upon inspection of the improvements performed before the expiration
date of the performance bond, that any of the required improvements
have not been constructed in accordance with plans and specifications
filed by the subdivider, he shall so report to the Town Board, Enforcement
Officer and Planning Board. The Town Board then shall notify the subdivider
and, if necessary, the bonding company and take all necessary steps
to preserve the Town's rights under the bond. No plat shall be
approved by the Planning Board as long as the subdivider is in default
on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements in §§ 261-11 and 261-13 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension which shall not exceed two additional periods of 62 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made in any subdivision plat after approval
has been given by the Planning Board and such Board approves any modifications.
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 Board shall institute proceedings to have the plat stricken
from the records of the County Clerk.
A.
Public acceptance of streets. 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 such subdivision plat.
B.
Ownership and maintenance of recreation areas. When a park, playground
or other recreation area shall have been shown on a plat, the approval
of said plat shall not constitute an acceptance by the Town of such
area. The Planning Board shall require the plat to be endorsed with
appropriate notes to this effect. The Planning Board may also require
the filing of a written agreement between the applicant and the Town
Board covering future deed and title, dedication and provision for
the cost of grading, development, equipment and maintenance of any
such recreation area.
