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, six copies of an application for review of a proposed subdivision and a sketch plan of the proposed subdivision, which shall comply with the requirements of Article IV, § 190-18, for preliminary discussion.
B.
Discussion of requirements. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of this chapter for street improvements, drainage, sewerage, water supply, fire protection, and similar aspects, as well as the availability of existing services and other pertinent information.
C.
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of this chapter 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. The subdivider shall file an application for the consideration of a preliminary plat, so identified, of the proposed subdivision, in the form described in Article IV, § 190-19 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 7-728 and 7-730 of the Village Law and Article IV, § 190-19 of this chapter, except where a waiver may be specifically authorized by the Planning Board. The application for conditional approval of the preliminary plat shall be accompanied by a nonrefundable fee as provided in Chapter 101, Article I, Land Use Fees, and payment for all engineering services, attorney services, architect services, surveyor services, and any other costs, fees or expenses which are deemed necessary in conjunction with said application incurred by the Village through the date of submission.
[Amended 3-22-2004 by L.L. No. 1-2004; 4-27-2023 by L.L. No. 4-2023]
B.
Number of copies. Ten 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 practicability of 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 Comprehensive Plan, the Official Map, and Chapter 225, Zoning.
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 the required fee and all data required by Article IV, § 190-19 of this chapter, has been filed with the Secretary of the Planning Board.[1]
[1]
Editor's Note: Original § 3.09, Public hearing, which immediately followed this subsection, was repealed 3-22-2004 by L.L. No. 1-2004.
F.
Referral to County Planning Board.
(1)
Before action is taken on certain preliminary plats, such plats must be referred to the Onondaga County Planning Board for review and report in accordance with § 239-n of the General Municipal Law. Plats covered by this requirement include those that are within 500 feet from the boundary of the Town of Skaneateles, or from the right-of-way of any county road or highway, or from the right-of-way of any stream or drainage channel owned by the county.
(2)
Any preliminary plat which includes proposed structures, proposed new streets, or proposed buildings which shall have frontage on, or access to, or be otherwise directly related to any existing or proposed right-of-way or site shown on the County Official Map must be referred to the County Planning Board and the County Superintendent of Highways or Commissioner of Public Works for review and report in accordance with § 239-f of the General Municipal Law.
[Added 3-22-2004 by L.L. No. 1-2004]
(3)
Within 30 days of the receipt of such referred preliminary plat the County Planning Board shall report on its approval, conditional approval or disapproval of the proposed subdivision. The Village Planning Board shall not act contrary to any county recommendation for conditional approval or disapproval of the subdivision except by a vote of a majority plus one of all its members.
G.
Conditional approval of the preliminary plat.
(1)
The preliminary plat shall be reviewed and acted upon by the Planning Board in accordance with the procedures and requirements of Village Law § 7-728, Subdivision 5.
[Amended 3-22-2004 by L.L. No. 1-2004]
(2)
When granting conditional approval to a preliminary plat, the Planning Board shall state the conditions of such approval, if any, with respect to the specific changes which it will require in the preliminary plat, the character and extent of the required improvements for which waivers may have been requested and which, in its opinion, may be waived without jeopardy to the public health, safety, morals, and general welfare, and the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat. The action of the Planning Board plus any conditions attached thereto shall be noted on three copies of the preliminary plat. One copy shall be returned to the subdivider, one retained by the Planning Board and one forwarded to the Village Board. Conditional approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of this chapter and the conditions of the conditional approval, if any. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.
A.
Application for final approval and fee. The subdivider shall, after the conditional approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, using the approved application form available from the Secretary of the Planning Board. Such application shall be accompanied by a nonrefundable fee as provided in Chapter 101, Article I, Land Use Fees, and payment for all engineering services, attorney services, architect services, surveyor services, and any other costs, fees or expenses which are deemed necessary in conjunction with said application, incurred by the Village through the date of submission. If the final plat is not submitted within six months after the conditional approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
[Amended 3-22-2004 by L.L. No. 1-2004; 4-27-2023 by L.L. No. 4-2023]
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 in ink on linen or other recordable material acceptable to the 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 IV, § 190-20 of this chapter, has been filed with the Secretary of the Planning Board.
D.
Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Onondaga County Department of Health. Application for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Village, county, and state agencies. Endorsement and approval by the Onondaga County Department of Health shall be secured by the subdivider before official submission of the subdivision plat.[1]
[1]
Editor's Note: Original § 3.16, Public hearing, which immediately followed this subsection, was repealed 3-22-2004 by L.L. No. 1-2004.
E.
Action on proposed subdivision plat. The subdivision plat shall be reviewed and acted upon by the Planning Board in accordance with the procedures and requirements of Village Law § 7-728, Subdivision 6. However, the subdivision plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has complied with the provisions of § 190-7, Required improvements.
[Amended 3-22-2004 by L.L. No. 1-2004]
A.
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat 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 shall follow the procedure set forth in Subsection A(1) below:
(1)
In an amount set by the Planning Board the subdivider shall either file with the Village Clerk/Treasurer a certified check to cover the full cost of the required improvements or the subdivider shall file with the Village Clerk/Treasurer a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 7-730 of the Village Law and shall be satisfactory to the Village Attorney, Village Board and the Village 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 required improvements shall not be considered to be completed until the installation of the improvements and final site grading have been approved by the Village Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed.
B.
Modification of location or design of improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Village Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Village Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Village Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
C.
Inspection of improvements. The Planning Board shall establish a fee to be paid by the subdivider for inspection services incurred by the Village, including any professional services needed.
(1)
At least five days prior to the time that inspection of required improvements is desired by the subdivider, such inspection shall be requested in writing and the subdivider shall pay the estimated inspection fee to the Village Clerk/Treasurer. Any variance from the actual inspection expenses incurred by the Village shall be refunded to or paid by the subdivider prior to final approval.
(2)
To assure that all Village specifications and requirements have been met during installation and construction of necessary improvements and utilities, no such improvements and utilities shall be covered up or made inaccessible to the Village Engineer or anyone charged with the responsibility of approving such installation. The Village may require the subdivider to uncover any required improvements so that inspection can be made and to remove any such improvement that does not meet Village specifications.
D.
Proper installation of improvements. If the Village Engineer shall find, 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 Village Board, Code Enforcement Officer, and Planning Board. The Village Board then shall notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the Village'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 §§ 190-6 and 190-7 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 shall became null and void.[1]
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 endorsed, in writing, on the plat, unless said plat is first resubmitted to 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.
(1)
The approval of the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Village of any street, easement, or other open space shown on such subdivision plat.
(2)
The wearing surface of streets shall not be applied by the subdivider until danger of damage by subsequent construction can be minimized. The Village may refuse to accept a street until it has been determined that such street has been completed according to approved specifications and will not be damaged by subsequent construction. The subdivider may be required to provide a suitable guarantee that construction damage to finished street surfaces will be satisfactorily repaired.
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 Village 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 Village Board covering future deeds and title, dedication, and provision for the cost of grading, development, equipment, and maintenance of any such recreation area.