Whenever any subdivision or resubdivision of land in the Town of Sodus is proposed, the subdividing owner or his authorized agent shall apply for and secure approval of such proposed subdivision before any contract for the sale of any part thereof is made. No construction, grading or land development work shall begin nor shall any permit for the erection of a structure in such proposed subdivision be granted prior to such approval. Approval of a proposed subdivision shall be obtained in accordance with the procedure specified in this article.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All subdivisions are subject to the procedures required by the New York State Environmental Quality Review Act (SEQRA), Article 8 of the New York State Environmental Conservation Law. The applicant may be required to submit information necessary for compliance with SEQRA in addition to information required under this chapter.
Before filing an application and before preparing a preliminary layout pursuant to § 109-8, the applicant shall:
A.
Meet with the Planning Board to discuss his intentions and to determine the Board's requirements; he should present a vicinity map, sketch plan and general information as specified in § 109-17.
B.
Determine the requirements of the State Health Department, whose approval is required by this chapter and which must eventually approve any subdivision plat coming within its jurisdiction.
C.
Determine the classification of the subdivision as a minor or major subdivision.
(1)
If the subdivision is classified and approved by the Planning Board as a minor subdivision, a notation to that effect will be made on the sketch plan. No further submissions of documents to the Planning Board shall be required of the subdivider. The minor subdivision shall be filed with the County Clerk within 90 days of such classification or the approval shall be null and void.
(2)
If the minor subdivision has frontage on, access to or is otherwise directly related to any county road existing or proposed on the County Official Map, the Planning Board shall take appropriate action in accord with Section 239-k[1] and 239-n of the General Municipal Law.
[1]
Editor's Note: Section 239-k was repealed by L. 1997, c. 451, effective 7-1-1998. See now § 239-f.
(3)
If the subdivision is classified as a major subdivision, the subdivider shall comply with all the other applicable sections of this chapter.
A.
Application procedure. Prior to filing an application for the approval of a subdivision plat, the applicant shall file an application for the approval of a preliminary layout. The application shall:
(1)
Be made on forms available at the Code Enforcement Office.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Include all land which the applicant proposes to subdivide.
(5)
Be submitted to the Chairman of the Planning Board or the Code Enforcement Clerk.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Study of preliminary layout. The Planning Board will carefully study the practicability of the preliminary layout, taking into consideration the requirements of the community, the best use of the land being subdivided and the policy set forth in § 109-3. Particular attention will be given to the proposed arrangement, location and width of streets; the relation of proposed streets to the topography of the land; sewage disposal; drainage; proposed lot sizes, shape and layout; future development of adjoining lands as yet unsubdivided; and such other matters as may be required by law.
C.
Applicant to attend Planning Board meeting. The applicant should be prepared to attend a regular meeting of the Planning Board to discuss the preliminary layout and the Board's tentative conclusions.
D.
The Planning Board shall approve, with or without modification, or disapprove preliminary plats in accordance with the procedures of Town Law § 275, Subdivision 5. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form. Within six months of the approval of the preliminary plat, the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Application procedure. Within six months after tentative approval of the preliminary layout is granted, the applicant shall file with the Planning Board an application for approval of a subdivision plat. The application shall:
(1)
Be made on forms provided by the Planning Board.
(2)
Include the entire subdivision or a section thereof which derives access from a street improved to Town standards or for which street a bond covering such improvements is held by the Town.
(4)
Comply in all respects with the preliminary layout as tentatively approved.
(6)
Be presented to the Chairman of the Planning Board at least two weeks prior to a regular meeting of the Board.
B.
Public hearing. Before the Planning Board acts on any subdivision plat, it shall hold a public hearing thereon in accordance with § 276 of the Town Law. The plat shall be in final and complete form before such public hearing shall be scheduled. Such hearing shall be held within 62 days after the time of submission of such plat for approval. The hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Endorsement of State Health Department. The proposed subdivision plat shall be properly endorsed by the State Health Department as meeting the standards of the State Sanitary Code before any public hearing is scheduled.
D.
Action on proposed subdivision plat. After careful study the Planning Board shall, within 62 days from the date of public hearing on the subdivision plat, approve, modify or disapprove such plat and shall advise the applicant in writing of its decision. The grounds for disapproval of any plat shall be stated on the records of the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Signing of plat.
(1)
Every subdivision plat approved by the Board shall carry a written endorsement of the Planning Board, signed by the Chairman or Secretary. In the absence of the Chairman or Secretary, the Acting Chairman or Acting Secretary, respectively, may sign in his place.
(2)
A subdivision plat shall not be signed by the authorized officers of the Board until the applicant has met all the conditions of the action granting approval of such plat.
F.
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made on any subdivision plat after approval has been given by the Board. In the event that any subdivision plat when recorded contains any such changes, the plat shall be considered null and void and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.
G.
Filing of approved subdivision plat. Within 62 days of the signing of the approval, the plat shall be filed with the County Clerk's office or become null and void.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H.
Public acceptance of proposed streets and park areas. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town of any street, park, playground or other open space shown on said plat. The Planning Board may require said 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 title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area.
I.
District improvements.
(1)
It shall be the responsibility of the subdivider to determine whether or not the proposed subdivision is situated within a sewer, lighting, park, water, drainage or other special improvement district. If an improvement or improvements shall be required for which a district has not been established, the subdivider shall, prior to application for final approval, submit a legal description of the boundaries of the subdivision or of the areas to be included within the improvement district to the Town Attorney. Prior to submission of the plat to the Planning Board for final approval, the subdivider shall enter into a subdivider's agreement with the Town of Sodus, in such form as may be prescribed by the Town Board, describing the particular improvement district, the cost thereof, security requirements for performance and quality of the improvements and such other requirements as the Planning Board, in its discretion, shall deem necessary for the orderly development and construction of subdivisions in the Town of Sodus.
(2)
After a determination has been made that an easement or easements will be required either for the purpose of ingress or egress to the subdivision or as a concomitant of any of the improvement districts to be formed therein, the subdivider shall submit to the Town Attorney for the Planning Board the proposed easement and a legal description of the property within the said easement.