Prior to the preparation of and the submission of a plat for approval, the subdivider should proceed to gather the necessary information and data on the existing conditions at the site. The subdivider should study the site suitability and determine opportunities for development; presumably he will discuss financing, planning and marketing with the lending institutions. The subdivider should develop a preliminary layout in sketch form which in turn should be submitted to the Planning Board for advice and assistance and should include a preliminary environmental assessment. The sketch plan should include the information identified in Articles IV and V. It is recommended that this sketch plan be prepared in consultation with a licensed land surveyor.
A.
The subdivider should request an appointment with the
Planning Board for the purpose of reviewing the sketch plan. The Planning
Board Clerk will notify the subdivider of the time, date and the place that
the Planning Board will meet to consider and review such sketch plan and the
subdivider's intentions as they relate to the Village of Morrisville's design
standards and improvement requirements. This meeting is intended to assist
the subdivider in the planning and preparation of the preliminary or final
plat to save both time and money in preparing maps and plans. This step does
not require formal application, fee or filing with the Planning Board.
B.
Enlarging a lot. Where the Planning Board finds that
a proposed purchase of a parcel of land is for the purpose of enlarging the
purchaser's existing lot; is contiguous to land already owned by the perspective
purchaser; does not require any connecting municipal facilities or streets;
will be combined by the purchaser with the original parcel and will become
one parcel; and will conform to all applicable village laws and regulations,
the Planning Board may approve such lot enlargement, subject to appropriate
conditions, if any, and may waive any or all other subdivision regulations
contained herein.
C.
Subdivision classification. The plan will be classified
as a minor or major subdivision by the Planning Board as defined by these
regulations. Subdivisions classified as minor may proceed directly to preparation
of a final plat without submission and approval of a preliminary plat which
shall be required for a major subdivision.
D.
Adverse natural features review.
(1)
The Planning Board shall review the location of the proposed
subdivision for the presence of any adverse natural considerations limiting
development on the site. If the site falls into areas on the soils map denoted
as having "moderate" or "severe" limitation, within flood hazard areas or
areas of unique hydrologic or natural habitat areas (including wetlands),
the Planning Board may require the subdivider to consult with the appropriate
technical review or assistance agencies (such as but not limited to the Soil
Conservation Service, the State Health Department, Army Corps of Engineers
and the State Department of Environmental Conservation) to determine appropriate
measures to mitigate or eliminate such problems or conflicts. The findings
or recommendations of such agencies shall not be binding on the Planning Board.
(2)
The Planning Board may require that design techniques
be used to avoid development in these critical resource areas and shall not
approve a sketch plan which has failed to adequately address these critical
resources concerns (soils, flood hazards and hydrologic and natural habitat
resources).
Madison County Department of Health approval may be required for any
subdivision containing five or more lots. Early contact by the subdivider
with this department is advised.
All major subdivisions shall be subject to the preliminary plat requirements as specified herein. The subdivider shall file an application for approval of the preliminary plat on forms available at the Village Office accompanied by all documents specified in Article IV herein.
A.
Review of subdivision. Following the review of the preliminary
plat and supplementary material submitted for conformity to these regulations
and following negotiations with the subdivider on changes deemed advisable
and the kind and extent of improvements to be made by the subdivider, the
Planning Board shall hold a public hearing. This hearing shall be held within
62 days of the official submission date of the plat. The subdivider or the
subdivider's representative is expected to attend the hearing. This hearing
may also fulfill the hearing requirements for the State Environmental Quality
Review Act. Within 62 days from the public hearing, the Planning Board shall
approve, approve with modifications or disapprove the preliminary plat and
state its reasons for disapproval.
B.
Notice of public hearing. The hearing shall be advertised
at least once in the village's designated official newspaper at least five
days before the hearing. Notice of the hearing shall be mailed to the owners
of all adjoining properties within 500 feet of the subdivided property at
least five days before the hearing.
C.
State Environmental Quality Review (SEQR). If the subdivision
meets any Type-1 thresholds or unlisted-action criteria listed in the SEQR
regulations, lead agency for the SEQR process shall be determined according
to procedures outlined respectively in the SEQR regulations. A determination
of no significant environmental impact (negative declaration) or a draft environmental
impact statement (DEIS) is required by the designated lead agency before the
subdivisions may be approved. The public hearing shall be used to solicit
comments on the DEIS under SEQR.
D.
Notice of decision. The action of the Planning Board
shall be noted on three copies of the preliminary plat and reference shall
be made to any modifications determined. One copy shall be returned to the
subdivider and the other two copies retained by the Planning Board.
E.
Effect of approval. Approval of a preliminary plat shall
not constitute approval of the final plat. The preliminary plat shall be a
guide to the preparation of the final plat. Before submission of the final
plat or any portion thereof for formal approval, the subdivider must comply
with these regulations and all requirements set forth by the Planning Board
in its review of the preliminary plat and any other County Health Department
requirements.
A.
All subdivisions, as defined herein, shall require final
plat approval by the Planning Board.
B.
The subdivider shall file an application for final plat approval on forms available at the Village Office, and the application shall be accompanied by documentation as specified in Article V herein, to the Planning Board. Such application shall be submitted at least 10 days prior to the meeting at which it is to be considered by the Planning Board and no later than six months after the date of the preliminary plat approval.
C.
Optional public hearing.
(1)
A public hearing may be held by the Planning Board after
a complete application is filed and prior to rendering a decision. This hearing
shall be held within 62 days of the official submission date of the plat.
The subdivider or the subdivider's representative is expected to attend the
hearing. The Planning Board shall approve, conditionally approve or disapprove
the final plat within 62 days of the public hearing.
(2)
If disapproved, the grounds for disapproval shall be
stated in the record of the Planning Board, including reference to the regulation
violated by the plat. Failure of the Planning Board to render a decision within
the stated 62 day period shall be deemed final approval of the plat.
D.
Notice of public hearing. The hearing shall be advertised
at least once in a newspaper of general circulation in the town at least five
days before the hearing. Notice of the hearing shall be mailed to the owners
of all adjoining properties within 500 feet of the subdivided property at
leave five days before the hearing.
E.
Waiver of public hearing. If the final plat is in substantial
agreement with the preliminary plat, the Planning Board may waive the public
hearing requirement. If no hearing is held, the Planning Board shall approve,
conditionally approve or disapprove the plat within 45 days of the official
submission date.
F.
State environmental quality review (SEQR). The Planning
Board's action on the subdivision plat shall include either a negative declaration
or the final environmental impact statement and a statement of findings on
the subdivision as required under § 8-0109-8 of the Environmental
Conservation Law.
G.
Notice of decision. The subdivider shall be notified
of the final action of the Planning Board and the subdivider shall record
the final plat, or section thereof, in the Office of the Clerk of Madison
County, New York within 60 days after the date of approval; otherwise the
plat shall be considered void and must again be submitted to the Planning
Board for approval before recording in the Office of the Clerk of Madison
County, New York.
H.
Conditional approval. Upon conditional approval of such
final plat, the Planning Board shall empower a duly authorized officer to
sign the plat upon completion of such requirements as may be stated in the
resolution. The plat shall be certified by the Village Clerk and a certified
statement of such requirements shall accompany such plat which, when completed,
will authorize the signing of the conditionally approved final plat. Upon
completion of such requirements the plat shall be signed by said duly authorized
officer of the Planning Board. If the requirements are not completed by the
deadline set in the resolution granting conditional approval, the conditional
approval shall expire, and the applicant must reapply. The Planning Board
may, however, extend the expiration time for a period not to exceed six months.
