Application forms will be available in the Town Clerk's office, and
fees should be paid to the Town Clerk.
Whenever any subdivision of land is proposed, 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.
Procedure.
(1)
When filing an application for approval of a subdivision
layout, the subdivider shall prepare a sketch of the proposed subdivision
indicating location of the property, the layout of existing and proposed streets,
subdivision lots, streams, bodies of water and watercourses, lot sizes, zoning
category, record owner and applicant, available utilities, existing structures,
woods, wetlands and other significant physical features. The plan shall be
submitted to the Caledonia Planning Board with a request for consideration
and advice. At its discretion, the Planning Board may waive this requirement
for minor subdivisions.
(2)
The applicant shall notify the Caledonia Planning Board
Chairman or Clerk at least two weeks before the meeting to be placed on the
agenda.
B.
Discussion items. At the conceptual review meeting with
the Planning Board, the subdivider shall be prepared to discuss the following
items:
(1)
The name of the proposed subdivision.
(2)
The proposed zoning use or uses.
(3)
The location of the premises with respect to existing
highways or nearby streets.
(4)
The number of acres in the entire proposed subdivision.
(5)
The topography of the premises.
(6)
The proposed location of any public or common area or
recreational site and proposed use, maintenance and ownership thereof.
(7)
The anticipated method of marketing lots, i.e., whether
the subdivider intends to build and sell homes or sell lots singly or in multiples
to prospective builders.
(8)
General statement as to type of structure(s) to be erected
(if any) and value of same.
(9)
If proposed layout covers only a portion of entire parcel
owned or controlled by the subdivider, a plan for the street layout of the
entire parcel.
(10)
Source of water supply.
(11)
Provisions for stormwater and sanitary disposal.
(12)
Plans for the establishment of special improvement districts,
if required.
(13)
Nearby land uses and structures.
(14)
Contemplated and existing deed restrictions, if any.
(15)
All other matters pertinent to the proposed subdivision.
C.
The Planning Board shall give guidance to the applicant
or his agent regarding requirements for submittal of the preliminary plat
and modifications to the plan which may be desired. The Planning Board may
choose to refer the sketch plan to the County Planning Board or the Town Engineer
for review prior to making recommendations to the applicant or other agency
reviewer.
A.
Application and fee. Any owner of land shall, prior to subdividing or resubdividing a minor subdivision, submit an application for approval of a subdivision plat to the Clerk of the Caledonia Planning Board at least two weeks prior to the next regularly scheduled meeting of the Planning Board. The plat shall conform to the requirements listed in Article IV. Application forms are available in the Town Clerk's office and, when filed, shall be accompanied by an application fee as determined by the Town Board.
B.
Number of copies. The subdivider shall submit five copies
of the plat at the time of submission of the application. The applicant may
be asked to submit additional plans for distribution to review agencies and
officials.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representatives, shall attend the meeting of the Caledonia
Planning Board to discuss the subdivision plat.
D.
Public hearing. A public hearing shall be held by the
Planning Board within 62 days from the submission of the subdivision plat
for approval. Upon mutual consent of the applicant and the Planning Board,
this time period may be extended. Said hearing shall be advertised at least
once in a newspaper of general circulation at least five days before such
hearing.
E.
Action on subdivision plat. The Planning Board shall,
within 62 days from the date of the public hearing, conditionally approve,
disapprove or grant final approval and authorize the signing of such plat.
The ground of refusal shall be stated upon the records of the Planning Board.
F.
Applications deemed to be incomplete. The Planning Board reserves the right to deem an application to be incomplete if it does not conform to submittal requirements of Article IV, § 113-26G(1), or if there are deficiencies in the environmental assessment form. An application deemed incomplete will not be scheduled for public hearing and will not be recognized as a submission under the timelines established under this section.
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in Article IV, § 113-27. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and Article IV of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(3)
Eight copies of the preliminary plat shall be presented
to the Clerk of the Caledonia Planning Board at least two weeks prior to a
regularly scheduled meeting of the Board.
B.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representatives, shall attend the meeting of the Board
to discuss the preliminary plat.
C.
Study of preliminary plat. The 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 arrangements, the future development of the adjoining lands as yet unsubdivided and the requirements of the Master Plan and Chapter 130, Zoning.
D.
Compliance with zoning. The applicant shall certify that
the application complies with all zoning requirements or, if not, shall seek
any variances from the Board of Appeals which may be needed prior to seeking
preliminary plat approval.
E.
Public hearing. A public hearing shall be held by the
Planning Board within 62 days after receipt of the plat by the Clerk of the
Planning Board. Upon mutual consent of the applicant and the Planning Board,
this time period may be extended. Said hearing shall be advertised at least
once in a newspaper of general circulation at least five days before such
hearing.
F.
Action on preliminary plat. Within 62 days after the
date of the public hearing, the Caledonia Planning Board shall approve with
or without modification or disapprove such preliminary plat. The grounds of
a modification if any, or the grounds for disapproval shall be stated upon
the records of the Planning Board. When approving a preliminary plat, the
Planning Board shall state in writing modifications if any, as it deems necessary
for submission of the plat in final form. A copy shall be filed in said Clerk's
office and a copy mailed to the owner.
A.
Application and fee. Within six months of the approval
of the preliminary plat, the owner shall file with the Caledonia Planning
Board an application for approval of the subdivision plat in final form. All
applications shall be accompanied by a fee as established by the fee schedule
adopted by the Town Board. If the final plat is not submitted within six months
of the approval of the preliminary plat, the Board may revoke the approval
of the preliminary plat.
B.
Official submittal date. The final plat shall be considered
officially submitted only at the regular meeting of the Planning Board following
completion of the application procedure outlined below:
(1)
Number of copies. The subdivider shall provide the Clerk
of the Board with a copy of the application and three copies, one in ink on
linen or plastic (six copies if substantially changed from preliminary plat,
one of which shall be in ink on plastic) of the plat, plus the original and
one true copy of all offers of cession, covenants and agreements and two prints
of all construction drawings. These documents shall be submitted at least
two weeks prior to the regularly scheduled meeting of the Board.
(2)
Endorsement of state and county agencies. Applications
for approval of plans for sewer and water facilities will be filed by the
subdivider with all necessary Town, county and state agencies. Endorsement
and approval by the Livingston County Department of Health shall be secured
by the subdivider before official submission of the subdivision plat.
(3)
Public hearing. The Planning Board may waive the requirement
for a public hearing if the Board deems the final plat to be in substantial
agreement with the preliminary plat and any recommended requirements.
(4)
Action on proposed subdivision plat.
(a)
The Planning Board shall, by resolution, conditionally approve with or without modifications, disapprove or grant final approval of the subdivision plat. The action shall be taken within 62 days of the receipt by the Clerk of the Planning Board of a completed application or, in the event a hearing is held, within 62 days after the date of such hearing. If the plat is conditionally approved, the Clerk of the Planning Board shall, within five days of such action, notify the owner by mail of such requirements which, when completed, will authorize the signing of the final plat. The subdivision plat shall not be signed for recording until the subdivider has complied with the provisions of § 113-10, Required improvements, of this article.
(b)
Prior to granting conditional or final approval of a
plat in final form, the Planning Board may permit the plat to be subdivided
into two or more sections and may in its resolution granting conditional or
final approval state that such requirements as it deems necessary to ensure
the orderly development of the plat be completed before such sections may
be signed by the authorized officer of the Planning Board.
(5)
Time schedule for completion.
(a)
Conditional approval of a final plat shall expire within
180 days after the date of the resolution granting conditional approval unless
such requirements have been certified as completed. The Planning Board may
extend the one-hundred-eighty-day limit by up to two extension periods of
90 days each based upon the particular circumstances of the project.
(b)
Notwithstanding the foregoing provisions of these regulations,
the time in which the Planning Board must take action on the final plat may
be extended by mutual consent of the applicant and the Planning Board. In
the event the Planning Board fails to take action on the final plat within
the prescribed time, the plat shall be deemed approved pursuant to § 276
of the Town Law.
(6)
Signing of the plat.
(a)
Every final plat submitted to the Board for its approval
shall carry the following endorsement:
|
Approved by resolution of the Caledonia Planning Board, subject to all
requirements and conditions of said resolution. Any change, erasure, modification
or revision of this plat, as approved, shall void this approval.
| ||
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Signed this _____ day of ____________, ___, by
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|
|
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Chairperson
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Secretary
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(b)
In the absence of the Chairman or Secretary, the Acting
Chairman or Acting Secretary, respectively, may sign.
A.
Improvements and letter of credit. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or Subsection A(2) below:
(1)
In an amount set by the Board, the subdivider shall either
file with the Town Clerk a certified check to cover the full cost of the required
improvements, or the subdivider shall file with the Town Clerk a performance
bond or letter of credit to cover the full costs of the required improvements.
Any such instrument shall comply with the requirements of § 277
of the Town Law and shall be satisfactory to the Town Board and Town Engineer
as to form, sufficiency, manner of execution and surety. A period of one year
or other period as the Planning Board may determine appropriate, not to exceeding
three years, shall be set forth in the instrument within which required improvements
must be completed.
(2)
The subdivider shall complete all required improvements
to the satisfaction of the Town Engineer, who shall file with the Planning
Board a letter signifying the satisfactory completion of all improvements
required by the Board. For any required improvements not so completed, the
subdivider shall file with the Town Clerk a letter of credit or certified
check covering the costs of such improvements and the cost of satisfactorily
installing any improvement not approved by the Town Engineer. Any such instrument
shall be satisfactory to the Town Board and Town Engineer as to form, sufficiency,
manner of execution and surety.
B.
Improvements required.
(1)
All required improvements shall be made by the applicant
at his expense without reimbursement by the Town or any district therein,
unless alternatively provided for in accord with provisions of § 277,
Subdivision 1-a, of Town Law.[2] Said improvements shall include the following, as well as those
improvements listed in said section and in the Town of Caledonia Design Criteria
and Construction Specifications for Land Development:
(a)
Streets and streetlighting facilities.
(b)
Street signs.
(c)
Gutters.
(d)
Grass curb strips.
(e)
Sidewalks or alternate pedestrian walkways.
(f)
Street shade trees.
(g)
Monuments.
(h)
Stormwater runoff system.
(i)
Sanitary sewage collection system or approved alternate,
such as septic tanks.
(j)
Water supply system, if water is available.
(k)
Park and recreation facilities.
(l)
Electrical, gas, telephone and utility lines.
(m)
Plantings and ground cover.
[2]
Editor's Note: See now § 277, Subdivision 10, of the Town
Law, as amended by L. 1992, c. 272.
(2)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location for monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2) of this section, then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a letter of credit or certified check for all required improvements as specified in Subsection A(1) of this section, such bond shall not be released until such a map is submitted.
C.
Modification of design improvements. If at any time before
or during the construction of the required improvements it is demonstrated
to the satisfaction of the Town Engineer that unforeseen conditions make it
necessary or preferable to modify the location or design of such required
improvements, the Town Engineer may, upon approval by a previously delegated
member of the Planning Board, authorize modifications, provided that 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 Town Engineer shall issue an
authorization under this section in writing and shall transmit a copy of such
authorization to the Planning Board at their next regularly scheduled meeting.
D.
Inspection of improvements. At least five days prior
to commencing construction of required improvements, the subdivider shall
notify the Town Board in writing of the time when he proposes to commence
construction of such improvements so that the Town Board may cause inspection
to be made to assure that all Town specifications and requirements shall be
met during the construction of required improvements and to assure the satisfactory
completion of improvements and utilities required by the Planning Board. The
Town shall employ an inspector to act as agent of the Planning Board for the
purpose of assuring the satisfactory completion of improvements required by
the Planning Board and shall determine an amount sufficient to defray costs
of inspection. The applicant shall pay the Town costs of inspection before
the final plat is signed for filing.
E.
Proper installation of improvements. If the Town 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 Town Board, Building Inspector and Caledonia
Planning Board. The Town Board shall then notify the subdivider and, if necessary,
the bonding company, and take all necessary steps to preserve the Town's rights
under the bond. No plat shall be approved by the Caledonia 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 §§ 113-9 and 113-10 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 or considered approved by reason of the failure of the Planning Board to act shall become null and void. The Planning Board may extend the time in which a conditionally approved plat in final form may be submitted for signature and allow the plat to be subdivided into sections as authorized by state law (Town Law § 276, Subdivisions 8 and 9, or as subsequently amended).
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 Caledonia Planning Board and endorsed in writing on
the plat, unless the 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. The approval by the Caledonia
Planning Board of a subdivision plat shall not be deemed to constitute or
be evidence of any acceptance by the Town of any street, easement or other
open space shown on such subdivision plat.
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 Town of
such area. The Caledonia 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 Town Board
covering future deed and title, dedication and provision for the cost of grading,
development, equipment and maintenance of any such recreation area.
