A.
The purpose of the sketch plan phase is to provide the
subdivider with an opportunity to consult early and informally in the subdivision
process with the Planning Board in order to save time and money and to improve
the opportunity for more desirable development.
B.
A sketch plan may be submitted to the Planning Board
for informal review for all subdivisions. The sketch plan should show the
location of the subdivision, all existing structures, wooded areas, significant
physical features, existing utilities and community resources and the proposed
pattern of lots, streets, drainage, open space, and water and sewer facilities.
C.
The subdivider may appear before the Planning Board to
present the proposed sketch plan and to receive information that may be necessary
to process the request. The subdivider may meet with the Planning Board prior
to preparing the sketch plan to discuss procedural matters as well as pertinent
development requirements and potential concerns including, but not limited
to, local development policies, the design of streets, reservations of land,
water retention facilities, drainage, erosion control and slope stabilization
measures, sewerage, water supply and fire protection.
D.
Subdividers of land adjoining state or Town highways
are advised to consult with the Resident Engineer of the New York State Department
of Transportation or the Albion Department of Public Works at the sketch plan
stage in order to resolve problems of street openings and/or stormwater drainage
at the earliest possible stage in the design process.
E.
Where public utilities are involved, the subdivider's
engineer should contact the appropriate agencies for connection specifications
and capacity requirements as well as other pertinent construction standards.
F.
The Planning Board shall determine whether the sketch
plan meets the purposes of this chapter and if the proposal is consistent
with existing or potential development of adjacent areas and the Comprehensive
Plan. The Planning Board shall inform the applicant of the actions to be taken
to meet the requirements of this chapter. The requirements for compliance
with SEQR may also be discussed at this stage. If it is deemed appropriate,
the Planning Board may refer a copy of the sketch plan to the Director of
Public Works or any other Town official for review and comment.
G.
Within 45 days following the receipt of a complete sketch
plan, the Planning Board shall consider and transmit a written report to the
applicant containing its comments concerning the design of the proposed project.
Copies of minutes of relevant meetings of the Planning Board shall be considered
a sufficient written report. The time frame within which the Planning Board
is required to act may be extended by mutual consent of the Planning Board
and the applicant. In the event the Planning Board fails to transmit a written
report within the aforementioned 45 days or such additional time as may be
mutually agreed upon by the subdivider and the Planning Board, the subdivider
shall consider the Planning Board to be in concurrence with the design of
the proposed subdivision for the purpose of preparing a preliminary plat.
A.
A preliminary plat shall be prepared and submitted to the Planning Board for all proposed subdivisions. The preliminary plat shall be clearly marked "preliminary plat" and shall satisfy the requirements for preliminary layouts as described in Article IV of this chapter. Preliminary plats should comply with the recommendations made by the Planning Board in its report on the sketch plan. A completed environmental assessment form shall also be submitted at this time.
B.
Ten copies of the preliminary plat and supplementary
materials specified herein shall be submitted to the Planning Board at least
14 days prior to the meeting at which it is to be considered.
C.
The preliminary plat shall be accompanied by a fee to
cover administrative and inspection costs in accordance with the fee schedule
adopted by the Town Board.
D.
One copy of the preliminary plat shall be returned to
the applicant with the notification of decision and one copy shall be retained
by the Planning Board. The other copies shall be used for necessary coordination
with other agencies or consultants, including the Orleans County Planning
Board as may be required pursuant to § 239-n of the General Municipal
Law.
E.
The Planning Board shall study the preliminary plat taking
into consideration the topography of the area, the requirements of the community
and the best design of the land proposed to be subdivided. Particular attention
shall be given to the arrangement, location and width of streets, their relation
to the topography of the land, water and sewer services, drainage, lot sizes
and arrangements, the future development of adjoining lands as yet unsubdivided
and the requirements of the Town's zoning regulations[1] and Comprehensive Plan. In the review of the preliminary plat,
the Planning Board may consult with the Town Director of Public Works, if
such consultation is needed, as well as with such other officials or agencies
as may be appropriate. The Planning Board, Town Director of Public Works or
other appropriate officials consulted with shall report to the Planning Board
concerning the adequacy of the features shown on the preliminary plat.
F.
Within 62 days following the receipt of a complete and
satisfactory preliminary plat and supporting documentation [NOTE: Supporting
documentation shall include a completed environmental assessment form or a
draft environmental impact statement and appropriate actions taken in accordance
with the provisions of the State Environmental Quality Review Act. (For guidance,
see the Preliminary Plat Review Procedures flowchart at the end of this chapter.)],
the Planning Board shall, pursuant to New York State Town Law, conduct a public
hearing on the proposed subdivision. The notice of hearing shall be published
at least once in a newspaper of general circulation in the Town not less than
five days before such hearing.
G.
Within 62 days following the closing of the public hearing,
the Planning Board shall approve, with or without modification, or disapprove
such preliminary plat. The grounds for a modification or disapproval, if any,
shall be stated in the records of the Planning Board. Notwithstanding the
foregoing provisions, the time within which the Planning Board must take action
on such plat may be extended by mutual consent of the subdivider and the Planning
Board. When approving a preliminary plat, the Planning Board shall state in
writing any modification it deems necessary prior to submission of the plat
in final form.
H.
Within five days of the decision on the preliminary plat,
the Planning Board shall file its decision in the Office of the Town Clerk.
In addition, the subdivider shall be provided with written notification of
the action by the Planning Board within five days of the decision. In the
event the Planning Board fails to take action on a preliminary plat within
the time frame prescribed herein, such plat shall be deemed to have been granted
preliminary approval. The certificate of the Town Clerk as to the date of
submission and the failure to take action within such prescribed time shall
be issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval.
A.
Within six months of receiving approval from the Planning
Board on a preliminary plat, with or without modification, the applicant may
submit a final plat for approval by the Planning Board. The final plat shall
be accompanied by the appropriate subdivision fees as specified in the fee
schedule adopted by the Town Board. Final plats may require further review
under the State Environmental Quality Review Act (SEQR).
B.
If more than six months have elapsed between the time
of the Planning Board's decision on the preliminary plat and the submission
of the final plat, the Planning Board may require resubmission of the preliminary
plat prior to accepting the proposed final plat, if it determines that conditions
affecting the plat have changed significantly in the interim. If the Planning
Board determines that the preliminary plat must be resubmitted, the Planning
Board shall conduct another public hearing on the proposed subdivision.
C.
The subdivider may choose to develop the subdivision
in sections. If sections are proposed, the developer shall submit the final
plat for a portion of the area encompassed by the preliminary plat, provided
that the proposed development sections were indicated on the preliminary plat
approved by the Planning Board. A section shall include at least 10% of the
total number of lots contained in the approved preliminary plat.
D.
Two reproducible Mylar tracings of the final plat map
plus 10 copies of said tracing and other exhibits required for approval, as
specified herein and as otherwise required by the Town, shall be submitted
with the application for final plat approval. When submitting a final plat
for Planning Board approval, the subdivider shall also file formal offers
of dedication to the Town or other appropriate public agencies of all streets,
parks and playgrounds and other permanent open spaces for community use as
well as all utilities and storm drainage facilities as shown in the final
plat. The approval of the plat does not constitute acceptance by the Town
of the dedication of such facilities. Evidence of all necessary easements
or easement documents, if appropriate, as well as any other legal documents
requested by the Planning Board, shall be submitted with the final plat.
E.
The final plat shall conform substantially to the preliminary
plat approved by the Planning Board. It shall incorporate any modifications
or other features that may have been specified by the Planning Board at the
preliminary plat stage.
F.
Within 62 days of the receipt of a complete and satisfactory
final plat which the Planning Board deems to be in substantial agreement with
the approved preliminary plat, the Planning Board shall by resolution conditionally
approve, with or without modification, disapprove, or grant final approval
and authorize the signing of such plat.
G.
When a final plat is submitted which the Planning Board
deems not to be in substantial agreement with the approved preliminary plat,
the following shall apply:
(1)
The Planning Board shall hold a public hearing on such
final plat not later than 62 days after the receipt of the final plat. The
hearing shall be advertised at least once in the official newspaper of the
Town at least five days before such hearing.
(2)
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 date of the
public hearing. The grounds for a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board.
H.
Written notice of the action by the Planning Board shall
be mailed to the applicant and filed in the Office of the Town Clerk within
five days of the date of the action by the Planning Board. The action of the
Planning Board shall be recorded in the Council's minutes. In the case of
the disapproval of a proposed final plat, the Planning Board minutes shall
specify the reasons for disapproval. Notwithstanding the foregoing provisions
of this chapter, the time within which the Planning Board must take action
on such plat may be extended by mutual consent of the subdivider and the Planning
Board. In the event the Planning Board fails to take action on a final plat
within the time prescribed herein, the plat shall be considered to be approved.
A certificate of the Town Clerk as to the date of submission and the failure
to take action within such prescribed time shall be issued on demand and shall
be sufficient in lieu of written endorsement or other evidence of approval.
I.
No development of any sort, site improvements or a building
permit for any structure within the proposed subdivision shall be issued by
the Code Enforcement Office until the record sheet of the final plat has been
approved by the Planning Board and the subdivision is filed by the subdivider
in the Office of the Orleans County Clerk and the libre and page numbers have
been assigned by the County Clerk. If a permit is desired for the occupancy
of a building in the subdivision prior to the completion of all of the improvements
shown on the approved construction sheet of the subdivision plat, the Town
Director of Public Works shall determine that the streets and utilities serving
the building have been sufficiently completed to adequately serve the proposed
occupancy.
J.
Every final plat submitted to the Planning Board for
its approval shall carry the following endorsement:
|
Approved by Resolution of the Planning Board of the Town of Albion,
New York, on the _____ day of ___________, ____, subject to all requirements
and conditions of said Resolution.
| |
|
Signed this _____ day of __________, ____, by
| |
|
_________________________________, Chairman, or
| |
|
_________________________________, Designee.
|
K.
If the Planning Board conditionally approves the final
plat, the Chairman or a designee may sign the plat upon the completion of
the requirements specified in the approval resolution. Within five days of
granting conditional approval, the final plat shall be certified by the Chairman,
or designee, as conditionally approved. A copy of such action shall be filed
in the Office of the Town Clerk and a copy shall be mailed to the subdivider,
including a statement listing those requirements which, upon completion, would
constitute approval of the final plat. Upon completion of the requirements,
the plat shall be signed by the Chairman or a designee. Conditional approval
of a final plat shall expire within 180 days following the date of the resolution
granting conditional approval unless all such requirements have been certified
as completed. Notwithstanding the foregoing provisions of this chapter, the
Planning Board may extend the time within which a conditionally approved plat
must be submitted for final approval. If the Planning Board determines that
such an extension is warranted, it may extend the date for no more than two
periods of 90 days each.
L.
No changes, erasures, modifications, or revisions shall
be made to any final plat following approval and endorsement of said plat
by the Planning Board. In the event that a final plat, when recorded, contains
any such changes, the plat shall be considered null and void, and the Planning
Board shall institute proceedings to have said plat stricken from the records
of the County Clerk.
M.
An approved final plat shall be filed by the subdivider
in the Office of the County Clerk within 62 days following the date said final
plat is signed by the Chairman or a designee, or the issuance of the certificate
by the Town Clerk as to the date of the submission of the final plat and failure
of the Planning Board to take action thereon within the time prescribed. If
the final plat is not filed within this time period, the final plat approval
shall become null and void. In the event the owner shall file only a section
of an approved plat in the Office of the County Clerk, the entire approved
preliminary plat shall be filed with the Town Clerk within 30 days of the
filing of such section. Any section of an approved final plat which is filed
in the Office of the County Clerk shall encompass at least 10% of the total
number of lots contained in the approved preliminary plat. The approval of
the remaining sections of the approved preliminary 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 New York State Town Law.
A.
Except for those instances which take precedence (as provided in Subsection B below), the resubdivision of property which affects the boundaries of four or more lots shall follow the same procedure as specified elsewhere in this chapter for a subdivision.
B.
A resubdivision consisting solely of the simple alteration
of lots lines and where no additional lots are proposed to be created shall
be subject to the preparation of a map by an engineer or surveyor. Said map
shall be labeled "Resubdivision Map." Once a resubdivision map has been received,
the Planning Board shall by resolution authorize the Chairman or a designee
to review the proposed resubdivision map for the purpose of determining compliance
with local zoning requirements. Pursuant to the resolution of the Planning
Board, the Chairman or a designee shall sign the resubdivision map which may
thereafter be filed by the subdivider in the County Clerk's Office. Tax Map
numbers shall be reassigned as necessary.
A.
Preliminary plats shall not be considered complete until
the subdivider has submitted all of the information required under SEQR and
either a negative declaration has been filed or a notice of completion of
the draft environmental impact statement has been filed. The time periods
for review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
B.
If the Planning Board is lead agency under the State
Environmental Quality Review Act (SEQR), any public hearing held by the Planning
Board on a preliminary plat or on a final plat which does not substantially
conform to an approved preliminary plat, shall be coordinated with the environmental
review process as follows:
(1)
If the Planning Board determines that the preparation
of an environmental impact statement is not required, the Planning Board shall
issue a negative declaration and conduct the public hearing on the proposed
plat within 62 days after the receipt of a complete preliminary plat; or,
(2)
If the Planning Board determines that the preparation
of an environmental impact statement is required and a public hearing on the
draft environmental impact statement is held, the public hearing on the proposed
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. If no public hearing is held on the draft environmental
impact statement, the public hearing on the proposed plat shall be held within
62 days of filing the notice of completion.
(3)
The hearing on the proposed plat shall be advertised
at least once in the official newspaper of the Town at least five days before
such hearing if held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith. The
hearing on the proposed plat shall be completed within 120 days after it has
begun.
(4)
If the Planning 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. If no public hearing
is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 62 days following the close of the
public hearing on the proposed plat. The Planning Board shall issue findings
on the final environmental impact statement and make its decision on the proposed
plat within 30 days of the filing of such final environmental impact statement.
C.
If the Planning Board is not lead agency under the State
Environmental Quality Review Act, any public hearing held by the Planning
Board on a preliminary plat, or on a final plat which does not substantially
conform to an approved preliminary plat, shall be coordinated with the environmental
review process as follows:
(1)
The Planning Board shall, with the agreement of the lead
agency, hold the public hearing on the proposed plat jointly with the lead
agency's hearing on the draft environmental impact statement. Failing such
agreement, the Planning Board shall hold the public hearing on the proposed
plat within 62 days after the receipt of a complete plat by the Planning Board.
(2)
The hearing on the proposed plat shall be advertised
at least once in the official newspaper of the Town at least five days before
such hearing if held independently of the hearing 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
a manner as it deems most appropriate for full public consideration of such
plat. The hearing on the final plat shall be completed within 120 days after
it has begun.
(3)
The Planning Board shall act on the proposed plat within
62 days after the close of the public hearing on such plat.[1]
[1]
Editor's Note: The Preliminary Plat Review Procedures flowchart, and
the Final Plat Review Procedures flowchart, which originally followed this
subsection, are included at the end of this chapter.
