The purpose of this Article is to specify the procedures that shall
be followed to subdivide land.
[Amended 7-2-1991 by L.L. 1-1991; 3-2-1993
by L.L. 1-1993]
Subdivisions shall be approved in three stages: the informal discussion
stage, the preliminary plan stage and final plan stage.
A.
The informal discussion stage requires the subdivider
to discuss the proposed subdivision with the Planning Board so that he can
become familiar with subdivision requirements, existing conditions and future
plans. This step does not require application fee or formal application.
B.
The preliminary plan stage requires the subdivider to
present all information needed to enable the Planning Board to determine that
the proposed plan is satisfactory and will serve the public interest.
C.
The final plan stage requires the subdivider to present
all data needed to enable the Planning Board to determine that the subdivision
fully complies with these regulations and conforms to the plan given preliminary
approval. After final approval has been given, the plan can be recorded.
A.
The subdivider shall consult with the Cayuga County Health Department and the Town Engineer and avail himself of the advice and assistance of these offices. He shall submit a preliminary discussion map, including all items required by § 98-14.
B.
At the sketch plan or informal discussion stage (§ 98-9, Article III, of the subdivision regulations), all subdivision proposals shall be classified by the Planning Board as a major or minor subdivision based upon the definition of these terms as set forth in the subdivision regulations.
[Amended 3-2-1993 by L.L. 1-1993]
C.
Once classified as a minor subdivision, the proposal shall be reviewed by the Planning Board upon submission of a survey drawn by a licensed surveyor, showing the boundaries of the total subdivision and each individual lot, a statement of the proposed use of the lots, and a completed environmental assessment form. At the option of the developer, this material may be submitted at the sketch plan review stage described in Article III, § 98-9, of this chapter.
[Added 3-2-1993 by L.L. 1-1993]
D.
The Planning Board may refer this material to such agencies
or individuals it deem appropriate to advise it. The Planning Board shall
render a decision regarding a minor subdivision proposal within 45 days of
submission of all required documents in a form acceptable to the Planning
Board.
[Added 3-2-1993 by L.L. 1-1993]
E.
Upon completing its review, the Planning Board shall
take one of the following actions:
[Added 3-2-1993 by L.L. 1-1993]
(1)
Determine compliance with the Town Zoning Law, the objectives
of the Subdivision Regulations and the Town Plan and that the proposal would
result in no significant environmental impacts, then all further requirements
and regulations may be waived, save the public hearing requirement.
(2)
Determine that the proposal fails to meet the requirements
of the Town Zoning Law, the objectives of the regulations or the town Plan
or that the environmental assessment form reveals significant environmental
impacts which cannot be mitigated to the Board's satisfaction and, therefore,
reclassify the proposal as a major subdivision and require compliance with
all requirements of the subdivision regulations.
A.
Submission of preliminary plan. The subdivider shall
make an application to the Planning Board for approval of a preliminary plan,
including the following:
B.
Transmission of preliminary plan. The Planning Board
shall transmit a copy of the preliminary plan and vicinity map to the following
officials and agencies for their review and recommendations:
C.
Planning Board action. The Planning Board shall, after
a public hearing in accordance with § 276 of the Town Law and within
45 days after the preliminary plan has been properly submitted, approve or
approve conditionally, stating the conditions of such approval, or disapprove
the preliminary plan. The action shall be noted on the preliminary plan and
a copy returned to the subdivider. The action shall also be entered on the
official records of the Planning Board and a copy of the preliminary plan
with the action noted kept on file.[1]
D.
Effect of approval.
(1)
Approval of a preliminary plan by the Planning Board
shall not constitute approval of the final plan or an acceptance of the subdivision
for record. It is an approval of a general plan as a guide for the preparation
of a subdivision plan for final approval and recording upon fulfillment of
all the requirements of these regulations. Approval of a preliminary plan
shall be effective for a period of six months following the date of approval
by the Planning Board unless an extension of time is granted in writing.
(2)
Upon expiration of a preliminary plan approval, no approval
of a final plan shall be given until the preliminary plan has been resubmitted
and approved.
A.
Submission of final plan. The subdivider shall make an
application to the Planning Board for approval of a final plan. The final
plan submitted shall conform to the approved preliminary plan. The final plan
may include the entire subdivision or sections thereof submitted for approval,
provided that preliminary approval has been given for the entire subdivision.
Such sections shall be numbered consecutively as they are submitted. The final
plan shall contain the following:
(1)
A letter of application.
(2)
One copy of the approved preliminary plan.
(3)
One copy of any protective covenants, if proposed.
(4)
One copy of financial guaranties approved by legal counsel
in an amount stated by the Planning Board.
(5)
An original tracing and eight copies of approved improvement
plans.
(8)
A certificate of approval from the Cayuga County Health
Department that the water and sewerage system of the proposed subdivision
comply with the standards of the Cayuga County Sanitary Code.
B.
Official submission date. The final plan shall be considered
officially submitted only at a regular meeting of the Planning Board following
the completion of the procedures outlined below:
(1)
The final plan shall be submitted to the Planning Board
through its Secretary at least two weeks prior to the regular meeting of the
Planning Board.
(2)
The Planning Board shall determine if all the required
items have been submitted. If all the required items have not been submitted,
the Planning Board shall notify the subdivider of such omissions either prior
to its regular meeting or at the regular meeting.
(3)
Upon determination by the Planning Board at its regular
meeting that the final plan has been properly submitted, the Planning Board
shall accept it as being officially submitted and shall schedule a public
hearing within 30 days of this submission date.
C.
Public hearing. The Planning Board may waive a public
hearing on any final plan if it is determined that the final plan is in substantial
agreement with the preliminary plat and any modifications prescribed by the
Planning Board.[2]
D.
Planning Board action. The Planning Board may act within
45 days from the date of official submission and shall act 45 days after the
public hearing. One of the following actions shall be taken by the Planning
Board:
(1)
Approve or modify and approve. The Planning Board may
give final approval before all required improvements are installed, provided
that a bond in an amount estimated by the Planning Board is filed with the
Town Board to secure to the town the satisfactory construction and installation
of the incompleted portion of the required improvements. A period of one year,
or such other period as the Planning Board may determine appropriate, within
which required improvements must be completed shall be specified by the Planning
Board and expressed in the bond. Such performance bond shall comply with the
requirements of § 277 of the Town Law and shall be satisfactory
to the Town Board as to form, sufficiency and manner of execution. The bond
shall provide that an amount determined adequate by the Planning Board shall
be retained for a period of one year after the date of completion of the required
improvements to assure their satisfactory condition. All required improvements
shall be made by the subdivider at his expense without reimbursement by the
town.
(2)
Disapprove. If the Planning Board disapproves the final
plan, written notice of such action, including reference to the regulation
violated by the plan, shall be mailed to the subdivider. The action shall
also be entered on the official records of the Planning Board.
(3)
Approval without Planning Board action. In the event
that the Planning Board shall fail to act upon the final plan within 45 days
from the date of its official submission, the final plan shall be deemed to
have been approved. The subdivider may obtain a certificate from the Clerk
of the Town of Cato stating the official submission date of the final plan
and the failure of the Planning Board to take action within the legally required
time. This certificate shall be issued on demand and shall be sufficient in
lieu of the written endorsement or other evidence of approval required herein.
The certificate will permit the County Clerk to file the final plan without
it being signed by the Planning Board. The County Clerk must send the Town
Board a notice of all plans that he has filed for the town.
E.
Effect of approval. The approval by the Planning Board
of a final plan shall not be deemed to constitute or imply the acceptance
by the town of any road, park, playground or other open space shown on said
plan.
F.
Recording of final plan.
(1)
After the Planning Board has given its approval of the
final plan, the plan shall be properly signed by the appropriate officers
of the Planning Board. The plan or section thereof shall be filed by the applicant
in the office of the County Clerk within 60 days of final approval or such
approval shall become null and void. If the applicant shall file only a section
of an approved plan within such ninety-day period, such section shall encompass
at least 10% of the total number of lots contained in the approved plan, and
the approval of the remaining sections of the approved plan shall expire unless
said sections are filed before the expiration of the exemption period to which
such plan is entitled under the provisions of Subdivision 2 of § 265-a
of the Town Law. In the event that the owner shall file only a section of
such approved plan in the office of the County Clerk, the entire approved
plan 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
plan is situated.
(2)
Extension for recording plan. Notwithstanding the foregoing
provisions of this subsection, the Planning Board may extend, in writing,
the time for filing and recording such plan, if, in its opinion, such extention
is warranted by the particular circumstances thereof, for not to exceed two
additional periods of 60 days each.[3]
