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 or her duly authorized agent shall
apply, in writing, for approval of such proposed subdivision in accordance
with the following procedures.
A. Plats for lot line adjustments and subdivisions as well as subsequent
development thereof shall be prepared by a New York State licensed
professional surveyor.
B. Plat size and legibility. Plats for subdivisions and lot line adjustments
shall be on sheets no smaller than 8 1/2 inches by 11 inches
and not larger than 24 inches by 36 inches. Where necessary, such
plats may be in two or more sections accompanied by a key diagram
showing relative location of the sections.
C. Plats for all proposed subdivisions as defined in Article
I, §
255-3, shall be filed with the Planning Board for approval.
D. All applications for lot line adjustments and minor and major subdivisions
shall be signed by the owner or owners of the property to verify that
the application is made with their consent.
E. Fees. See General Legislation.
F. Preapplication conferences. Preapplication conferences with the Zoning
Officer and Planning Board Representative are encouraged in order
to:
(1) Review application requirements and procedures;
(2) Discuss preliminary design of the project;
(3) Establish a probable timetable for review; and
(4) Review Town policies concerning development.
G. Sketch plans. A submission of a subdivision sketch plan is required in accordance with §
255-9 of this chapter. The Planning Board's purpose in reviewing subdivision sketch plans shall be solely to provide an opportunity for informal discussions concerning a proposed subdivision with Planning Board members at a regular meeting.
H. Open space subdivision. The Planning Board may consider any proposal for an open space subdivision submitted by an applicant pursuant to §
255-16 of this chapter and New York State Town Law § 278, as amended. The Planning Board may require clustering of lots and development to protect environmentally sensitive areas or to preserve open space.
I. Open space subdivisions and subdivisions to be developed in distinct
phases or sections shall be subject to two stages of review. Preliminary
review will consider potential impacts from the entire subdivision.
Final review will address one or more individual phases or sections
identified as part of the approved preliminary plat.
J. Where a subdivision plat covers only a part of the subject and any
adjacent parcel(s) owned by the applicant, the Planning Board may
require a separate conceptual plan for the remainder of the land,
including an estimated time schedule for subdivision and development.
K. The Planning Board shall refer applications for subdivision to the
Seneca County Planning Board as required by § 239-n of the
General Municipal Law.
L. SEQR. All applications for approval require appropriate environmental
review in accordance with the State Environmental Quality Review Act and its implementing regulations.
M. Surety. The Planning Board may require that appropriate surety be
posted with the Town to assure that specified elements of a development
are constructed as designed and/or to assure that the conditions of
approval are satisfied in conformance with the requirements the Town
Code and New York State Town Law.
N. Waivers. Pursuant to authority in New York State Town Law, 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 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.
(1) If an applicant wishes to request a waiver, said request shall be
submitted, in writing, as part of the application. The application
shall state fully the grounds of said request.
(2) The Planning Board shall make findings supporting its decision regarding
a waiver.
(3) Waivers shall be made by resolution of the Planning Board. A statement
showing the date that such waiver was granted shall be affixed to
the final plat.
(4) When granting waivers, the Planning Board may also impose additional
conditions, as needed, to achieve the objectives of the waived requirement(s).
O. All subdivision proposals require a public hearing before the Planning
Board. All owners of property located within 500 feet of the parcel
proposed for subdivision shall be notified of the public hearing by
receiving a copy of the legal notice published in the Town's
official newspaper. In addition, the Town Clerk is to provide a public
hearing notice to the municipal clerks in neighboring municipalities
when the site under review lies within 500 feet of the neighboring
municipality.
P. Complete application. In compliance with New York State Town Law,
subdivision applications shall not be considered complete until a
negative declaration has been filed or until a notice of completion
of the draft environmental impact statement has been filed in accordance
with the provisions of the State Environmental Quality Review Act. The time periods for review of a subdivision shall begin
upon filing of such negative declaration or such notice of completion.
Q. Advanced site preparation. After a Planning Board vote to approve
a subdivision and before receipt of the Planning Board Chair signature
on the approved final plat, the Planning Board may grant approval
for site preparation upon formal request by the applicant. Said application
shall describe the site preparation to be completed and be supported
by good and sufficient reasons for starting in advance of final approval.
Surety required by the Planning Board for the performance of the described
site preparation shall be accepted by the Town Board and filed with
the Town before issuance of permits.
R. Reservation of parkland. In conjunction with its review of a subdivision
containing residential dwelling units, the Planning Board shall make
findings and a determination that a proper case exists for requiring
a set-aside of parkland or payment of a fee in lieu thereof, in compliance
with New York State Town Law. See also Town Code, Fees.
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.
Pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of the Chapter
300, Zoning, in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands. The following shall be the procedure and standards:
A. Request by subdivider. A subdivider may request the use of § 278 simultaneously with or subsequent to presentation of the sketch plan according to the procedure described in this Article
III. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
B. Sketch plat. A subdivider shall present, along with a proposal in
accordance with the provisions of § 278, a standard sketch
plat which is consistent with all the criteria established by these
subdivision regulations, including but not limited to streets being
consistent with the Highway Construction Specifications and lots being consistent with Chapter
300, Zoning.
C. Park, recreation, open space or other municipal purposes. If the
application of this procedure results in a plat showing land available
for park, recreation, open space or other municipal purposes directly
related to the plat, then conditions as to ownership, use and maintenance
of such lands as are necessary to assure the preservation of such
lands for their intended purposes shall be set forth by the Planning
Board.
D. Plat submission. Upon determination that such sketch plat is suitable
for the procedures under § 278 and subsequent to the resolution
authorizing the Planning Board to proceed, a preliminary plat meeting
all of the requirements of the resolution shall be presented to the
Planning Board, and thereafter the Planning Board shall proceed with
the required public hearings and all other requirements of these regulations.
E. Filing, notation on Zoning Map. On the filing of a plat in the office
of the County Clerk in which § 278 has been used, the subdivider
shall file a copy with the Town Clerk, who shall make appropriate
notations and reference thereto in the Town Zoning Map. The Secretary of the Planning Board shall notify the Building
Inspector when such a plat is filed.
Plats for lot line adjustment shall be clearly identified as
such and shall be submitted to the Town Building Department for review
and Planning Board Chair signature before being filed with the office
of Seneca County Clerk.
A. For lot line adjustments, no additional lots shall be created, and
all resulting lots shall be of sufficient area and dimension to meet
minimum requirements for zoning and building purposes.
B. Submitted plats for lot line adjustments shall show information as described in §§
255-5 and
255-6 of this chapter.
C. The purpose for the lot line adjustment shall be shown on the plat
and described in the deeds.
D. Applications for lot line adjustments shall be reviewed by the Code Enforcement Officer for compliance with requirements in Town Code Chapter
300, Zoning, regarding lot size, dimensions and general layout.
E. Upon a finding of compliance, the plat shall be signed by the Planning
Board Chair.