Planning Board approval of any subdivision shall be evidenced by a final plat containing all required signatures, filed in the Onondaga County Clerk's office, which approval shall be prerequisite to the issuance of any building permit or certificate of occupancy for construction or use of land subdivided subsequent to March 9, 1961. Such approval shall hereafter be initiated and processed in accordance with the following procedure. The developer shall file a subdivider's initial report and sketch plan, which shall be discussed by the Planning Board with the developer at the next available meeting for purposes of classification and initial discussion concerning layout, availability of utilities, services and responsibility for required improvements. If the proposed subdivision is classified by the Planning Board as a simple subdivision, the procedures set forth in § 164-8 will be followed. For all other proposed subdivisions, the procedures in § 164-9 will be followed.
The developer may obtain copies of the Subdivision Regulations, subdivision
application forms and checklist from the Department of Development and Operations.
The developer shall prepare and submit to the DD&O copies for distribution
of the subdivision application, survey and sketch plan to the Town Clerk,
the Planning Board Secretary, the Town Department of Development and Operations,
the Town Engineers and the Syracuse - Onondaga County Planning Agency. At
the next Planning Board meeting occurring more than 10 days after such distribution,
the Planning Board shall receive informal comments, questions and recommendations,
if any, from the county planning staff, the Town Engineers and the Town Department
of Development and Operations and shall discuss with the developer the classification
of the subdivision, recommended changes, if any, and subsequent procedure
before the Planning Board.
Upon classification of the proposed subdivision as a simple subdivision, the developer shall prepare and file formal application for approval and such additional forms, plats and information as the Planning Board may require. At a regularly scheduled meeting, the Planning Board may, upon a finding that the subdivision will not affect neighboring properties; that notice to the public is not necessary because the subdivision affects only the subject properties; and that the Planning Board has enough information without additional input to make a determination, waive the public hearing or such other formalities or requirements of subdivision as may be set forth in § 164-9. All provisions of § 164-9 otherwise apply unless waived by the Planning Board.
A.
Upon submission of an application for a proposed subdivision not classified as a simple subdivision, the developer shall prepare and submit to the Department of Development and Operations for distribution to the Town Clerk, the Planning Board Secretary, the Syracuse - Onondaga County Planning Agency, pursuant to General Municipal Law, § 239-k and the three-mile-limit jurisdiction of the City of Syracuse, and to the Town Engineers and the Town Department of Development and Operations paper copies of the proposed preliminary plat in the form specified in § 164-22 of this Part 1.
B.
The Planning Board shall receive comments, questions
and recommendations, if any, on the proposed preliminary plat from the county
planning staff, the Town Engineers and the Town Department of Development
and Operations and shall discuss with the developer, at the first available
meeting of the Planning Board occurring more than 10 days subsequent to the
distribution of such plan, the alterations, omissions or additions, if any,
which it deems necessary to meet the requirements of these regulations. Engineering
and legal requirements and procedures for the installation, maintenance, financing
and ownership of all required utilities and improvements in the tract shall
be established prior to formal filing of the preliminary plat for approval.
If the tract is to be developed in sections, the Board shall approve the number
and location of lots in each section which shall be designated in the preliminary
plat.
C.
Approval of preliminary plats.
(1)
Formal submission of preliminary plat. The developer
shall formally file the preliminary plat with the Planning Board for consideration.
Such a preliminary plat shall be clearly marked "Preliminary Plat" and shall
conform to the definition provided in this section.
(2)
Coordination with SEORA. The Planning Board shall comply
with the provisions of the State Environmental Quality Review Act ("SEQRA")
under Article Eight of the New York Environmental Conservation Law and its
implementing regulations.
(3)
Receipt of a complete preliminary plat. A preliminary
plat shall not be considered complete until a negative declaration has been
filed by the Planning Board or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions of SEQRA.
The time periods for review of a preliminary plat in accordance with SEQRA
shall begin upon filing of such negative declaration or such notice of completion.
(4)
Public hearing; notice; decision.
(a)
Public hearing on preliminary plat. The time within which
the Planning Board shall hold a public hearing on the preliminary plat shall
be coordinated with any hearings the Planning Board may schedule pursuant
to SEQRA, as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not required,
the public hearing on such plat shall be held within 62 days after the receipt
of a complete preliminary plat by the Planning Board; or
[2]
If such board determines that an environmental impact
statement is required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the preliminary plat and the draft
environmental impact statement shall be held jointly within 62 days after
the filing of the notice of completion of such draft environmental impact
statement in accordance with the provisions of SEQRA. If no public hearing
is held on the draft environmental impact statement, the public hearing on
the preliminary plat shall be held within 62 days of filing the notice of
completion.
[3]
If the Planning Board is not lead agency for purposes of SEQRA, the Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after the receipt of a complete preliminary plat as defined at § 164-9C(3).
(b)
Public hearing notice; length. The hearing on the preliminary
plat shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if no hearing is held on
the draft environmental impact statement, or 14 days before a hearing held
jointly therewith. The Planning Board may provide that the hearing be further
advertised in such manner as it deems most appropriate for full public consideration
of such preliminary plat. The hearing on the preliminary plat shall be closed
upon motion of the Planning Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall by resolution approve,
with or without modification, or disapprove such preliminary plat as follows:
[1]
If the Planning Board or the lead agency determines that
the preparation of an environmental impact statement on the preliminary plat
is not required, the Planning Board shall make its decision within 62 days
after the close of the public hearing on the preliminary plat; or
[2]
If the Planning Board is lead agency under SEQRA and
determines that an environmental impact statement is required and a public
hearing is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of SEQRA. If no public hearing
is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close of the
public hearing on the preliminary plat. Within 30 days of the filing of such
final environmental impact statement, the Planning Board shall issue findings
on the final environmental impact statement and make its decision on the preliminary
plat. If the Planning Board is not lead agency under SEQRA and an environmental
impact statement is required, the Planning Board shall make its own findings
and its decision on the preliminary plat within 62 days after the close of
the public hearing on such preliminary plat or within 30 days of the adoption
of findings by the lead agency, whichever period is longer.
(d)
Grounds for decision. 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. In the event of conditional approval, there shall
be specified in the resolution the precise conditions of the approval, including
the amount of the security, if any, for performance of any special conditions
imposed by the Planning Board. The Planning Board will also include in its
resolution its waiver of any conditions or requirements for improvements,
for such period as it may determine, as, in its judgment of the special circumstances
of a particular plat or plats, are not requisite in the interest of the public
health, safety and general welfare or which, in its judgment, are inappropriate
because of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision.
(5)
Filing of decision on preliminary plat. Within five business
days from the date of the adoption of the minutes containing the resolution
stating the decision of the board on the preliminary plat, the Chairman or
other duly authorized member of the Planning Board shall cause a copy of such
resolution together with a copy of the adopted preliminary plat to be filed
in the office of the Town Clerk.
(6)
Revocation of approval of preliminary plat. Within one
year of the approval of the preliminary plat the developer must submit the
plat in final form. If the final plat is not submitted within one year, approval
of the preliminary plat will be deemed revoked, unless extended by resolution
of the Planning Board.
(7)
Construction during approval process. Within the period contained in the conditional approval of the preliminary plat, the developer shall construct all of the improvements required to serve the subdivision, including streets, water, sanitary and drainage utilities, trees, sidewalks, monuments and other improvements shown on the preliminary plat or required by its conditional approval, and shall submit the final plat prepared in accordance with § 164-23 of this Part 1, together with as-built engineering drawings certifying the proper location and installation of such improvements, bills of sale to all utilities, tender of dedications and deeds to all streets and easements. Alternatively, the developer may submit the final plat with tender of dedication and deeds to all streets and easements prior to installation of all required improvements, upon entering into an agreement with the Town Board for the developer's subsequent completion of such improvements, secured by an adequate performance security of cash or letter of credit to assure proper and timely installation.
D.
Approval of final plats.
(1)
Submission of final plats. Final plats shall conform
to the definition provided by this section.
(2)
Final plats which are in substantial agreement with approved
preliminary plat. When a final plat is submitted which the Planning Board
deems to be in substantial agreement with a preliminary plat approved pursuant
to this section, the Planning Board shall by resolution conditionally approve
with or without modification, disapprove, or grant final approval and authorize
the signing of such plat, within 62 days of its receipt by the Planning Board.
(3)
Final plats when no preliminary plat is required to be submitted. A preliminary plat shall not be required to be submitted when the subdivision is treated as a simple subdivision pursuant § 164-8 herein. When no preliminary plat is required to be submitted, a final plat 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 SEQRA. The time periods for review of such plat shall begin upon filing of such negative declaration or such notice of completion.
(4)
Final plats not in substantial agreement with approved
preliminary plat, or when no preliminary plat is required to be submitted.
(a)
Public hearing; notice; decision.
[1]
Public hearing on final plats. The time within which
the Planning Board shall hold a public hearing on such final plat shall be
coordinated with any hearings the Planning Board may schedule pursuant to
SEQRA, as follows:
[a]
If such Board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plat not in
substantial agreement with a preliminary plat, or on a final plat when no
preliminary plat is required to be submitted, shall be held within 62 days
after the receipt of a complete final plat by the Clerk of the Planning Board;
or
[b]
If such Board determines that an environmental impact
statement is required and a public hearing on the draft environmental impact
statement is held, the public hearing on the final plat and the draft environmental
impact statement shall be held jointly within 62 days after the filing of
the notice of completion of such draft environmental impact statement in accordance
with the provisions of SEQRA. If no public hearing is held on the draft environmental
impact statement, the public hearing on the final plat shall be held within
62 days following filing of the notice of completion.
[c]
If the Planning Board is not lead agency under SEQRA,
the Planning Board shall, with the agreement of the lead agency, hold the
public hearing on the final plat jointly with the lead agency's hearing
on the draft environmental impact statement. Failing such agreement or if
no public hearing is held on the draft environmental impact statement, the
Planning Board shall hold the public hearing on the final plat within 62 days
after the receipt of a complete final plat by the Clerk of the Planning Board.
[2]
Public hearing notice; length. The hearing on the final
plat shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if no hearing is held on
the draft environmental impact statement, or 14 days before a hearing held
jointly therewith. The Planning Board may provide that the hearing be further
advertised in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall make its decision
on the final plat as follows:
[a]
If such Board or the lead agency determines that the
preparation of an environmental impact statement on the final plat is not
required, the Planning Board shall by resolution conditionally approve, with
or without modification, disapprove, or grant final approval and authorize
the signing of such plat, within 62 days after the close of the public hearing;
or
[b]
If such Board determines that an environmental impact
statement is required and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be filed
within 45 days following the close of such public hearing in accordance with
the provisions of SEQRA. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be filed
within 45 days following the close of the public hearing on the final plat.
Within 30 days of the filing of the final environmental impact statement,
the Planning Board shall issue findings on such final environmental impact
statement and shall by resolution conditionally approve, with or without modification,
disapprove, or grant final approval and authorize the signing of such plat.
Where the Planning Board is not the lead agency under SEQRA and an environmental
impact statement is required, the Planning Board shall make its own findings
and its decision on the final plat within 62 days after the close of the public
hearing on such final plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records of
the Planning Board.
[4]
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records of
the Planning Board.
(5)
Approval and certification of final plats.
(a)
Certification of plat. Within five business days of the
adoption of the resolution granting conditional or final approval of the final
plat, such plat shall be certified by the Chairman of the Planning Board as
having been granted conditional or final approval. A copy of such resolution
and plat shall be filed in the Town Clerk's office. A copy of the resolution
shall be mailed to the developer. In the case of a conditionally approved
plat, such resolution shall include a statement of the requirements, which,
when completed, will authorize the signing thereof by the Chairman of the
Planning Board. Upon completion of such requirements the plat shall be signed
by the Chairman of the Planning Board and a copy of such signed plat shall
be filed with the Town Clerk.
(b)
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may permit the
plat to be subdivided and developed in two or more sections and may in its
resolution granting conditional or final approval state that such requirements
as it deems necessary to insure the orderly development of the plat be completed
before said sections may be signed by the duly authorized officer of the Planning
Board. Conditional or final approval of the sections of a final plat may be
granted concurrently with conditional or final approval of the entire plat,
subject to any requirements imposed by the Planning Board.
(c)
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the resolution
granting such approval unless all requirements stated in such resolution have
been certified as completed. The Planning Board may extend, by not more than
two additional periods of 90 days each, the time in which a conditionally
approved plat must be submitted for signature if, in the Planning Board's
opinion, such extension is warranted by the particular circumstances.
(6)
Default approval of preliminary or final plat. The time
periods prescribed herein within which a Planning Board must take action on
a preliminary plat or a final plat are specifically intended to provide the
Planning Board and the public adequate time for review and to minimize delays
in the processing of subdivision applications. Such periods may be extended
only by mutual consent of the developer and the Planning Board. In the event
the Planning Board fails to take action on a preliminary plat or a final plat
within the time prescribed therefor after completion of all requirements under
SEQRA, or within such extended period as may have been established by the
mutual consent of the developer and the Planning Board, such preliminary or
final plat shall be deemed granted approval.
(7)
Filing of decision on final plat. Within five business
days from the date of the adoption of the final minutes of the Planning Board
meeting which contains the resolution stating the decision of the Planning
Board on the final plat, the Chairman or other duly authorized member of the
Planning Board shall cause a copy of such resolution to be filed in the office
of the Town Clerk.
(8)
Filing of final plat; expiration of approval. The developer
shall file in the office of the County Clerk or Registrar such approved final
plat or a section of such plat within 62 days from the date of final approval,
or such approval shall expire. The following shall constitute final approval:
the signature of the duly authorized officer of the Planning Board constituting
final approval by the Planning Board of a plat as herein provided; or the
approval by such Board of the development of a plat or plats already filed
in the office of the County Clerk; or the certificate of the Town Clerk as
to the date of the submission of the final plat and the failure of the Planning
Board to take action within the time herein provided. In the event the developer
shall file only a section of such approved plat in the office of the County
Clerk or Registrar, the entire approved plat shall be filed within 30 days
of the filing of such section with the Town Clerk in each Town in which any
portion of the land described in the plat is situated. Such section shall
encompass at least 10% of the total number of lots contained in the approved
plat, and the approval of the remaining sections of the approved plat shall
expire unless said sections are filed before the expiration of the exemption
period to which such plat is entitled under the provisions of § 265-a(2)
of the Town Law of the State of New York.
E.
Cost. The cost of subdivision improvements shall generally
be borne by the developer. The Town Board shall determine the basis and the
legal entity upon which it will accept title and future responsibility for
subdivision improvements.
F.
Inspection. The installations, improvements and development
of any subdivision shall be subject to inspection at all stages by representatives
of the Town of DeWitt, and for such purpose free access shall be accorded
and requested information shall be promptly submitted.
G.
Security for performance.
(1)
Any security for performance furnished in lieu of the
installation of the required improvements shall be in the amount fixed by
resolution of the Town Board. The security for performance shall be posted
in the form of cash or letters of credit unless the Town Board approves another
form of security, in its sole discretion. Any such security shall be approved
by the Town Board and shall be approved by the Town Board as to form, sufficiency
and manner of execution. The letter of credit or other security shall assure
the complete installation of the required improvements within such period,
not longer than three years, as shall be fixed by the Town Board. The Town
Board, may extend the period upon written application of the developer filed
with the Town Clerk prior to the expiration of such period or upon its own
motion at any time prior to a declaration of a default in the letter of credit
or other security by the Town Board.
(2)
The Town Board, upon findings either that the extent
of building development that has taken place in the subdivision is not sufficient
to warrant all the improvements covered by such security or that the required
improvements have been installed in sufficient amount to warrant reduction
in the face amount of such security, may modify its requirements.
(3)
Except as provided in the preceding subsection, the security
shall be released only upon complete installation of the required improvements
and the submission of the certified as-built drawings, as required in this
section.
(4)
If the required improvements are not completely installed
within the period fixed or extended by the Town Board, the Town Board may
declare the security for performance in default and collect the amount payable
thereunder. Upon receipt of such amount, the Town shall install such improvements
as were covered by the security and are commensurate with the extent of building
development which has taken place in the subdivision, not exceeding in cost,
however, the amount collected upon the security.
See § 15-10, Schedule of Development Fees.
Pursuant to Town Law § 278 and the resolution of the Town
Board of the Town of DeWitt adopted on March 25, 1968, the Planning Board
is authorized to modify the applicable provisions of the 1967 Zoning Ordinance
of the Town of DeWitt to provide for cluster development as defined in the
Town Law § 278. The purpose of this section is to enable and encourage
flexibility of design and development of land in such a manner as to promote
the most appropriate use of such land, to facilitate the adequate and economical
provision of streets and utilities and to preserve the natural and scenic
qualities of open lands.
A.
In the event the developer/owner desires to follow the
procedures of this section the developer/owner shall make written application
to the Planning Board for the use of this procedure, which may be followed
at the discretion of the Planning Board if, in the Board's judgment,
its application will benefit the Town. Alternatively, the Planning Board may
require the owner/developer to submit a written application for use of this
procedure if, in the Board's judgment, the application would benefit
the Town.
B.
The application shall be referred to the Town Board for
its approval of the use of Town Law § 278 to the subdivision plan
prepared by applicant.
(1)
The developer's application shall include a standard
sketch subdivision plan together with an average density subdivision sketch
plan.
(2)
If any dwelling units are to be attached, then the Town
Board shall specifically authorize such consideration by the Planning Board.
Otherwise, such cluster subdivision shall consist of detached single-family
dwelling units.
C.
Upon Town Board approval of use of § 278, the
application shall be referred to the Planning Board for final approval or
disapproval of the subdivision in conformance with § 278 of the
Town Law.
(1)
This procedure shall be applicable only to lands zoned
for residential purposes, and its application shall result in a permitted
number of dwelling units which shall in no case exceed the number which could
be permitted, in the Planning Board's judgment, if the land were subdivided
into lots conforming to the minimum lot size and density requirements of the
Zoning Ordinance applicable to the district in which such land is situated
and conforming to all other applicable requirements.
(2)
In determining the number of building lots or dwelling
units which would be permitted on the site if the land were subdivided into
lots conforming with the minimum lot size and density requirements of the
applicable zoning district, absent clustering, the Planning Board is required
to subtract from its calculation acreage which is unsuited for development
on the conventional Zoning Plan, including but not limited to such as acreage
for roads and streets, stormwater detention, buffering and land within a one-hundred-year
floodplain.
D.
The Planning Board shall then consider all issues pursuant to Town Law § 278 in the subdivision process. In carrying out the intent of this section, the controlled site use process and standards of § 192-33 of Chapter 192, Zoning, shall be instituted concurrently with subdivision review. All controlled site issues must be addressed in this process, including but not limited to architectural compatibility.
E.
The Planning Board as a condition of plat approval may
establish such conditions on the ownership, use, and maintenance of such open
lands shown on the plat as it deems necessary to assure the preservation of
the natural and scenic qualities of such open lands, without further Town
Board approval.
F.
The plat showing such cluster development may include
areas within which structures may be located, the height and spacing of buildings,
open spaces and their landscaping, off-street open and enclosed parking spaces,
streets, driveways and any other features required by the Planning Board.
A.
Where land to be subdivided contains existing structures
or uses and the proposed subdivision or resubdivision will create lots having
yard setbacks, coverage or parking areas which do not comply with the requirements
of the 1967 Zoning Ordinance of the Town of DeWitt, New York, as amended,[1] said subdivision or resubdivision will not be approved unless:
(3)
A variance of such yard setbacks, coverage or parking
is granted by the Zoning Board upon a finding that such variance will not
have the effect of nullifying the intent and purpose of these regulations,
the Zoning Ordinance or any other pertinent rules, regulations or ordinances
of the Town of DeWitt.
B.
In granting such application, the Planning Board may
impose such conditions as will, in its judgment, secure substantially the
objectives of the standards and requirements of these regulations and the
Zoning Ordinance of the Town of DeWitt.
Because of the impracticality of designating interior lot lines of business,
office and professional, high-tech and industrial uses prior to establishing
the lot size and configuration required for each specific use, the Planning
Board may approve the preliminary plat of such subdivisions without the designation
of interior lot lines, and a building permit and/or certificate of occupancy
may be issued in accordance with the procedures and requirements of these
regulations. Thereafter, the developer shall submit a final plat of the subdivision
for each lot, containing the addition or alteration of interior lot lines,
for Planning Board approval and filing in the Onondaga County Clerk's
office without the necessity for further public hearing, unless, in the judgment
of the Planning Board, the revised lot configuration might adversely affect
adjoining or neighboring lots or properties. The final plan of the last section
of the subdivision shall include all of the lots and sections previously filed.
A.
When a developer makes written application for development
of a subdivision where it is proposed that the subdivision be developed with
a private road, the developer shall obtain the Town Board's preliminary
authorization. The Town Board shall base its decision upon concluding that
the following findings are fully met:
(1)
There is a substantial reason unrelated to development
costs that would warrant a private road, such as topography, shape or size
of the parcel to be subdivided.
(2)
The granting of authorization for a private road subdivision
will be consistent with the Town Comprehensive Plan and the neighborhood character.
(3)
The proposed subdivision will result in a subdivision
of superior quality to public road subdivisions considering matters of density,
lot relationships to abutting properties, intended building sites, ease of
providing and extending public utilities and access considerations, including
safety and convenience.
B.
The Town Board, upon granting preliminary authorization,
shall refer the matter to the Planning Board. The Planning Board shall then
take action thereon only after public hearing and may approve the private
road upon the following conditions:
(1)
The developer and the Town shall enter into a covenant
which shall be filed in the Onondaga County Clerk's office and indexed
against the lots therein as a covenant running with the land.
(2)
Such covenant shall serve to notify future lot developers
that the road was made private at the request of the developer and they therefore
will be obligated to proportionately share in the maintenance thereof as long
as they own the lot(s).
(3)
The covenant will also require that the maintenance requirement
is noted on the filed subdivision map and that the following clause is inserted
in each and every deed of lot conveyance for acknowledgment by the grantee:
|
"The grantee herein acknowledges that the lot(s) conveyed herein are
served by a private road which may not be conveyed to the Town of DeWitt."
|
