A.
Classification of subdivisions. Before any land is
subdivided the owner of the property proposed to be subdivided, or
his authorized agent, shall apply for and secure approval of the proposed
subdivision in accordance with the following procedures, which include
two principal steps for a minor subdivision and three principal steps
for a major subdivision:
B.
Official submission dates. For the purpose of these
regulations, for both major and minor subdivisions, the date of the
Joint Zoning Board of Appeals/Planning Commission meeting at which
the public meeting on approval of a sketch, preliminary or final subdivision
plat, is closed, shall constitute the official submission date of
the plat.
[Amended 11-8-2017 by L.L. No. 5-2017]
A.
Discussion of requirements/preapplication conference.
Before preparing the sketch plat for a subdivision, the applicant
shall schedule an appointment for a preapplication conference and
meet with the Director of Planning and other pertinent department
heads to discuss the procedure for approval of a subdivision plat
and the requirements as to general layout of streets and for reservations
of land, street improvements, drainage, sewerage, fire protection
and similar matters, as well as the availability of existing services,
including schools.
B.
Application procedure and requirements. Prior to subdividing
land and after meeting with the Director of Planning, the owner of
the land or his authorized agent shall file of an application for
approval of a sketch plat with the Joint Zoning Board of Appeals/Planning
Commission. The application shall:
[Amended 6-17-2014 by Ord. No. 14-04; 11-8-2017 by L.L. No. 5-2017]
(1)
Be made on forms available at the office of the Director
of Planning;
(2)
Include all contiguous holdings of the owner including
land in common ownership as defined in these regulations, with an
indication of the portion which is proposed to be subdivided, accompanied
by an affidavit of ownership, which shall include the dates the respective
holdings of land were acquired, together with the book and page where
each conveyance to the present owner is recorded in the Madison County
Clerk's Office. The affidavit shall advise as to the legal owner of
the property, the contract owner of the property, the date the contract
of sale was executed and if any corporations are involved, a complete
list of all directors, officers and stockholders of each corporation
owning more than 5% of any class of stock;
(3)
Be accompanied by minimum of 15 copies of the sketch
plat as described in these regulations and complying in all respects
with these regulations;
(4)
Be accompanied by the fee as established from time
to time by Common Council resolution, also;
(5)
The application shall include an address and telephone
number of an individual who shall be authorized to receive all notices
required by these regulations.
C.
Classification and approval procedure. The Director
of Planning shall determine whether the sketch plat constitutes a
minor or major subdivision and notify the applicant of the classification
within 30 days from the date that the sketch plat is submitted to
the Director of Planning.
[Amended 11-8-2017 by L.L. No. 5-2017]
(1)
Minor subdivision. If the sketch plat constitutes a minor subdivision, the Director of Planning shall place the matter on the next available regular meeting agenda of the Joint Zoning Board of Appeals/Planning Commission for formal approval, disapproval or conditional approval of the sketch plat following a public hearing. The Joint Zoning Board of Appeals/Planning Commission shall approve, conditionally approve or disapprove the sketch plat within 30 days from the official submission date. Subsequent to an approval or conditional approval by the Joint Zoning Board of Appeals/Planning Commission, the applicant may proceed directly to the filing of an application for approval of a final subdivision plat as provided in these regulations. If the sketch plat of a minor subdivision is disapproved by the Joint Zoning Board of Appeals/Planning Commission, the applicant may have the decision reviewed in the manner prescribed by Article 78 of the Civil Practice Law and Rules. (See § 155-22 hereof.) The applicant shall have six months from the date that the sketch plat is approved by the Joint Zoning Board of Appeals/Planning Commission to submit a final subdivision plat, after which time a new sketch plat must be submitted for approval. No extension of sketch plat approval shall be granted.
(2)
Major subdivision.
(a)
Notice of compliance. If the sketch plat constitutes
a major subdivision, the Director of Planning shall issue a notice
of compliance only if the sketch plat complies with all applicable
laws governing the subdivision of land. The notice of compliance shall
include, as appropriate, recommended changes in the sketch plat to
be incorporated into the preliminary plat to assist the applicant
in obtaining preliminary plat approval from the Joint Zoning Board
of Appeals/Planning Commission. If the Director of Planning determines
that the sketch plat does not comply with all applicable laws governing
the subdivision of land and the applicant refuses to modify the sketch
plat, the Director of Planning shall issue a notice of noncompliance.
The Director of Planning shall issue either the notice of compliance
or the notice of noncompliance not later than 30 days after the date
on which the sketch plat was submitted to the Director of Planning.
After receipt of a notice of compliance, the applicant must first
file an application for approval of a preliminary plat, as provided
in these regulations, before filing for final subdivision plat approval.
(b)
Referral of sketch plat. If the Director of
Planning issues a notice of compliance, the Director of Planning shall
transmit the sketch plat for review to other appropriate officials
or agencies of the local government. The Director of Planning shall
request that all officials and agencies to whom a request for review
has been made submit their reports to the Director of Planning within
30 days after receipt of the request. The Director of Planning will
consider all the reports submitted by the officials and agencies concerning
the sketch plat and shall submit a report to the Joint Zoning Board
of Appeals/Planning Commission upon the applicant's submission of
a preliminary plat.
[Amended 12-19-2000 by L.L. No. 6-2000; 6-17-2014 by Ord. No.
14-04; 11-8-2017 by L.L. No. 5-2017]
No sooner than 30 days and no later than 180
days after the date of the notice of compliance, the applicant may
apply for preliminary plat approval. If the applicant fails to apply
for preliminary plat approval within the one-hundred-eighty-day period,
a new sketch plat must be submitted. A single one-hundred-eighty-day
extension of preliminary plat approval may be granted by the Joint
Zoning Board of Appeals/Planning Commission.
A.
Application procedure and requirements. Based on the
notice of compliance, the applicant shall file 15 copies with the
Director of Planning an application for approval of a preliminary
plat if it elects to proceed. The preliminary plat shall conform substantially
with the sketch plat submitted by the applicant and which formed the
basis for the notice of compliance. The application shall:
(1)
Be made on forms available at the office of the Director
of Planning, together with the fee as established from time to time
by resolution of the Common Council.
(2)
Includes all land which the applicant proposes to
subdivide and all land immediately adjacent extending 100 feet from
the subject property, or of that directly opposite the subject property,
extending 100 feet from the street frontage of opposite land, with
the names of owners as shown in the assessor's files. This information
may be shown on a separate current tax map reproduction from the Assessor's
office showing the subdivision superimposed on the tax map.
(3)
Be accompanied by a minimum of 15 copies of the preliminary
plat as described in these regulations.
(4)
Be accompanied by a minimum of three copies of construction
plans as described in these regulations.
(5)
Comply in all respects with the sketch plat.
(6)
Be presented to the Director of Planning at least
15 days prior to the scheduled meeting of the Joint Zoning Board of
Appeals/Planning Commission.
B.
The Joint Zoning Board of Appeals/Planning Commission
shall follow the procedures of General City Law § 32, Subdivision
5, to approve, approve with conditions or disapprove the preliminary
plat.
C.
Standards for approval of preliminary plats.
(1)
No preliminary plat of a proposed subdivision shall
be approved by the Joint Zoning Board of Appeals/Planning Commission
unless the applicant proves by clear and convincing evidence that:
(a)
Definite provision has been made for a water
supply system that is sufficient in terms of quantity, dependability
and quality to provide an appropriate supply of water for the type
of subdivision proposed.
(b)
If a public sewage system is proposed, adequate
provision has been made for such a system and if other methods of
sewage disposal are proposed that such systems will comply with federal,
state and local laws and regulations.
(c)
All areas of the proposed subdivision which
may involve soil or topographical conditions presenting hazards or
requiring special precautions have been identified by the subdivider
and that the proposed uses of these areas are compatible with such
conditions.
(d)
The subdivider has the financial ability to
complete the proposed subdivision in accordance with all applicable
federal, state and local laws and regulations.
(e)
The proposed subdivision will not result in
the scattered subdivision of land that leaves undeveloped parcels
of land lacking urban services between developed parcels.
(f)
The subdivider has taken every effort to mitigate
the impact of the proposed subdivision on public health, safety, and
welfare.
(2)
The Joint Zoning Board of Appeals/Planning Commission
is authorized to disapprove the preliminary plat even though the land
proposed for subdivision is zoned for the use to which the proposed
subdivision will be put and the proposed use is consistent with the
Comprehensive Plan.
D.
Public improvements. The Joint Zoning Board of Appeals/Planning Commission may require that all public improvements be installed and dedicated prior to the signing of the final subdivision plat by the Chairman of the Joint Zoning Board of Appeals/Planning Commission. If the Joint Zoning Board of Appeals/Planning Commission does not require that all public improvements be installed and dedicated prior to signing of the final subdivision plat by the Chairman of the Joint Zoning Board of Appeals/Planning Commission, the Joint Zoning Board of Appeals/Planning Commission shall require that the applicant execute a subdivision improvement agreement and provide security for the agreement as provided in § 155-24B. The Joint Zoning Board of Appeals/Planning Commission shall require the applicant to indicate on the plat all roads and public improvements to be dedicated, all special districts for water, fire and utility improvements which shall be required to be established or extended, and any other special requirements deemed necessary by the Joint Zoning Board of Appeals/Planning Commission in order to conform the subdivision plat to the Official Map and the Comprehensive Plan of the local government.
E.
Effective period of preliminary plat approval. The
approval of a preliminary plat shall be effective for a period of
six months from the date that the preliminary plat is approved by
the Joint Zoning Board of Appeals/Planning Commission or the Common
Council, at the end of which time the applicant must have submitted
a final subdivision plat for approval. A single six-month extension
may be granted by the Joint Zoning Board of Appeals/Planning Commission.
F.
Zoning and subdivision regulations. Every preliminary
plat shall conform to existing zoning regulations and subdivision
regulations applicable at the time that the proposed preliminary plat
is submitted for the approval of the Joint Zoning Board of Appeals/Planning
Commission unless the Joint Zoning Board of Appeals/Planning Commission
or Common Council has taken official action toward amending the applicable
zoning and subdivision regulations and the applicant has reason to
know of that action.
G.
Model homes. For the purpose of allowing the early
construction of model homes in a subdivision, the Joint Zoning Board
of Appeals/Planning Commission in its sole discretion may permit a
portion of a major subdivision involving no more than two lots to
be created in accordance with the procedures for minor subdivisions,
provided that the portion derives access from an existing city, township,
county or state highway, and provided that no future road or the improvement
is anticipated where the lots are proposed. The subdivision plat for
the "minor" portion shall be submitted to the Joint Zoning Board of
Appeals/Planning Commission simultaneously with the preliminary plat
for the entire major subdivision. Subsequent to preliminary approval,
the model homes may be constructed, subject to such additional requirements
as the Joint Zoning Board of Appeals/Planning Commission may require.
[Amended 11-8-2017 by L.L. No. 5-2017]
At any time after preliminary plat approval and before submission of a final plat, the applicant may request of the Director of Planning that an amendment be made in the approval or conditional approval of the preliminary plat. Under regulations established by the Joint Zoning Board of Appeals/Planning Commission, the Director of Planning may agree to proposed amendments that are deemed to be minor. If the proposed amendment is major, the Joint Zoning Board of Appeals/Planning Commission shall hold a public hearing on the proposed major amendment in accordance with the same requirements for preliminary plat approval found in § 155-17. Any public hearing on a proposed major amendment shall be limited to whether the proposed major amendment should or should not be approved. The Joint Zoning Board of Appeals/Planning Commission shall approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions required by the Joint Zoning Board of Appeals/Planning Commission, the applicant may withdraw the proposed major amendment. A major amendment shall include, but is not limited to, any amendment that results in or has the effect of decreasing open space in the subdivision by 10% or more or increasing density in the subdivision by 10% or more. An applicant may not propose more than two amendments whether major or minor to any preliminary plat. The Joint Zoning Board of Appeals/Planning Commission shall render a decision on the proposed major amendment within 30 days after the meeting at which the public hearing was held, including any adjourned session, was closed.
[Amended 5-3-2000 by Ord. No. 00-03; 12-19-2000 by L.L. No. 6-2000; 6-17-2014 by Ord. No. 14-04; 11-8-2017 by L.L. No. 5-2017]
A.
Application procedure and requirements. Following
the approval of the sketch plat in the case of a minor subdivision
or of the preliminary plat in the case of a major subdivision, the
applicant, if he wishes to proceed with the subdivision, shall file
with the Joint Zoning Board of Appeals/Planning Commission an application
for final approval of a subdivision plat. The application shall:
(1)
Be made on forms available at the office of the Director
of Planning.
(2)
Includes the entire subdivision, or section thereof,
which derives access from an existing state, county, or local government
highway.
(3)
Be accompanied by a minimum of 15 copies of the subdivision
plat and the construction plans, as described in these regulations.
(4)
Comply in all respects with the sketch plat or preliminary
plat, as approved, whichever is applicable, depending upon the classification
of the subdivision.
(5)
Be presented to the Director of Planning at least
15 days prior to a regular meeting of the Joint Zoning Board of Appeals/Planning
Commission in order that a public meeting may be scheduled.
(6)
Be accompanied by all formal irrevocable offers of
dedication to the public of all streets, local government uses, utilities,
parks, and easements, in a form approved by the City Attorney:
(a)
The subdivision plat shall be marked with a
notation indicating the formal offers of dedication as follows:
|
The owner, or his representative, hereby irrevocably
offers for dedication to the local government all the streets, local
government uses, easements, parks, and required utilities shown on
the subdivision plat and construction plans in accordance with an
irrevocable offer of dedication dated ___________________ and recorded
in the Clerk's Office for Madison County.
| |
|---|---|
|
By
(owner or representative)
Date
|
(b)
The applicant shall deliver a full covenant
and warranty deed to all dedicated lands and improvements in proper
form for recording, together with a title policy for the local government
in the sum not less than $25,000, which sum shall be determined by
the City Attorney before signing of the final subdivision plat.
(7)
Be accompanied by an inspection fee in an amount to
be determined on the basis of the provisions of these regulations
and by written assurance from the public utility companies and improvement
districts that necessary utilities will be installed and proof that
the applicant has submitted petitions in writing for the creation
or extension of any improvement districts as required by the Joint
Zoning Board of Appeals/Planning Commission upon preliminary plat
approval.
(8)
Be accompanied by a detailed timeline for construction
of infrastructure with beginning and ending of each phase. If the
schedule changes, notification of such change must be submitted in
writing to the City Engineer, with a copy to the Planning Director,
and accompanied by an updated schedule. The timeline will be used
to schedule in-progress reviews by appropriate City Departments.
B.
The Joint Zoning Board of Appeals/Planning Commission
shall follow the procedures of General City Law § 32, Subdivision
6, to approve, approve with conditions or disapprove the final subdivision
plat.
C.
Notice to proceed. Immediately upon final plat approval,
but before any work commences, a pre-construction meeting will be
held to review all necessary approvals, agreements and documents.
This meeting is to be scheduled at or before the signing of the final
plat. The Director of Planning shall issue, to the applicant, a notice
to proceed, pursuant to the actual development of the approved final
subdivision plat, upon such time that the following documents and
assurances have been submitted:
D.
Appeal in the event of disapproval. If the Joint Zoning
Board of Appeals/Planning Commission disapproves the final plat, the
applicant may have the decision reviewed in the manner prescribed
by Article 78 of the Civil Practice Laws and Rules.
A.
Effect of approval. Except as otherwise provided in this § 155-20, no vested rights shall accrue to the owner or developer of any subdivision by reason of preliminary or final plat approval until the actual signing of the final plat by the Chairman of the Joint Zoning Board of Appeals/Planning Commission.
[Amended 11-8-2017 by L.L. No. 5-2017]
B.
Effect of recordation. Except as otherwise provided in this § 155-20, no vested rights shall accrue to the owner or developer of any subdivision by virtue of the recordation of a final plat.
C.
Applicable laws. To obtain final plat approval, the applicant shall be in compliance with all federal and state laws applicable at the time that the final plat is considered for approval by the Joint Zoning Board of Appeals/Planning Commission. The applicant also shall be in compliance with all local laws and regulations applicable at the time that the preliminary plat was submitted to the Joint Zoning Board of Appeals/Planning Commission in accordance with § 155-17F (or if a minor subdivision, at the time the sketch plat was submitted to the Director of Planning), except that the applicant shall comply with those local laws and regulations in effect at the time that the final plat is considered for approval by the Joint Zoning Board of Appeals/Planning Commission if the Joint Zoning Board of Appeals/Planning Commission makes a determination on the record that compliance with any of those local laws and regulations is reasonably necessary to protect public health and safety. If the Joint Zoning Board of Appeals/Planning Commission required the applicant to complete public improvements in the subdivision prior to final plat approval and the improvements have, in fact, been completed, the applicant may be required to comply with local laws and regulations in effect at the time that the final plat is considered for approval only if the Joint Zoning Board of Appeals/Planning Commission makes a finding on the record that such compliance is necessary to prevent a substantial risk of injury to public health, safety and general welfare.
[Amended 11-8-2017 by L.L. No. 5-2017]
D.
Development agreements. The municipality may, but
under no circumstances is it required to, enter into a development
agreement:
(1)
General. The development agreement shall constitute a binding contract between the subdivider of the proposed subdivision and the municipality (the "parties") and shall contain those terms and conditions agreed to by the parties and those required by this Subsection D. The City Attorney or designee is authorized to negotiate development agreements on behalf of the City of Oneida.
(2)
Covenants. Any covenant by the municipality contained
in the development agreement to refrain from exercising any legislative,
quasi-legislative, quasi-judicial or other discretionary power, including
rezoning or the adoption of any rule or regulation that would affect
the proposed subdivision, shall be limited to a period of five years.
The covenant shall also contain a proviso that the City may, without
incurring any liability, engage in action that otherwise would constitute
a breach of the covenant if it makes a determination on the record
that the action is necessary to avoid a substantial risk of injury
to public health, safety, and general welfare. The covenant shall
contain the additional proviso that the City may, without incurring
any liability, engage in action that otherwise would constitute a
breach of the covenant if the action is required by federal or state
law.
E.
Third party rights. Except as otherwise expressly
provided in the development agreement, the development agreement shall
create no rights enforceable by any party who/which is not a party
to the development agreement.
F.
Limitation on liability. The development agreement
shall contain a clause that any breach of the development agreement
by the municipality shall give rise only to damages under state contract
law and shall not give rise to any liability for violation of the
5th and 14th Amendments of the United States Constitution or similar
state constitutional provisions.
G.
Developer's compliance. The development agreement
shall include a clause that the government's duties under the agreement
are expressly conditioned upon the subdivider's substantial compliance
with each and every term, condition, provision, and covenant of the
agreement, all applicable federal, state and local laws and regulations,
and its obligations under the subdivision improvement agreement.
H.
Adoption. The development agreement shall be adopted
by the Common Council pursuant to applicable state and local laws
and shall be recorded in the Clerk's office of Madison County.
I.
Incorporation as matter of law. All clauses, covenants
and provisos required by these regulations to be included in a development
agreement shall be incorporated into the development agreement as
a matter of law without respect to the intent of the parties.
A.
Signing of plat.
[Amended 11-8-2017 by L.L. No. 5-2017]
(1)
When a subdivision improvement agreement and security
are required, the Chairman of the Joint Zoning Board of Appeals/Planning
Commission and the Director of Planning shall endorse approval on
the final plat after the agreement and security have been approved
by the Joint Zoning Board of Appeals/Planning Commission, and all
the conditions of the resolution pertaining to the final plat have
been satisfied.
(2)
When installation of improvements is required prior
to recordation of the final plat, the Chairman of the Joint Zoning
Board of Appeals/Planning Commission and Director of Planning shall
endorse approval on the final plat after all conditions of the resolution
have been satisfied and all improvements satisfactorily completed.
There shall be written evidence that the required public facilities
have been installed in a manner satisfactory to the City as shown
by a certificate signed by the City Engineer and City Attorney, stating
that the necessary dedication of public lands and improvements has
been accomplished.
B.
Recordation of plat.
(1)
Subsequent to the resolution of the Joint Zoning Board
of Appeals/Planning Commission, three paper copies of the construction
plans, and one copy of the original of the subdivision plat on tracing
cloth, and/or reproduction Mylar and two copies of the subdivision
plat on sepia paper and two copies of the subdivision plat on paper
shall be submitted to the Director of Planning for final review. It
is the responsibility of the applicant to file the approved final
plat with the Madison County Clerk. No final approval shall be endorsed
on the plat until a review has indicated that all requirements of
the resolution have been met.
[Amended 11-8-2017 by L.L. No. 5-2017]
(2)
It shall be the responsibility of the applicant to
file the final plat with the Madison County Clerk's Office within
62 days of the date of signature.
[Amended 12-19-2000 by L.L. No. 6-2000]
(3)
Sectionalizing major subdivision plats. Prior to granting
final approval of a major subdivision plat, the Joint Zoning Board
of Appeals/Planning Commission may permit the plat to be divided into
two or more sections and may impose such conditions upon the filing
of the sections as it may deem necessary to assure the orderly development
of the plat. The Joint Zoning Board of Appeals/Planning Commission
may require that the subdivision improvement agreement and security
be in such amount as is commensurate with the section or sections
of the plat to be filed and may defer the remaining amount of the
security until the remaining sections of the plat are offered for
filing. The developer may also file irrevocable offers to dedicate
streets and public improvements in the sections offered to be filed
and defer filing offers of dedication for the remaining sections until
those sections, subject to any conditions imposed by the Joint Zoning
Board of Appeals/Planning Commission, shall be granted concurrently
with final approval of the plat. If sectionalizing is approved, the
entire approved subdivision plat including all sections shall be filed
within 180 days after the date of final approval with the Madison
County Clerk's office. Such sections must contain at least 10% of
the total number of lots contained in the approved plat. The approval
of all remaining sections not filed with the Madison County Clerk's
office shall automatically expire unless such sections have been approved
for filing by the Joint Zoning Board of Appeals/Planning Commission,
all fees paid, all instruments and offers of dedication submitted
and subdivision improvement agreements, security and performance bonds,
if any, approved and actually filed with the Madison County Clerk's
office within three years of the date of final subdivision approval
of the subdivision plat.
[Amended 11-8-2017 by L.L. No. 5-2017]
[Amended 11-8-2017 by L.L. No. 5-2017]
The applicant aggrieved by any decision of the
Joint Zoning Board of Appeals/Planning Commission, Common Council
or any of the elected, appointed or paid officials of the City, may
have the decision reviewed in the manner prescribed by Article 78
of the Civil Practice Law and Rules, provided that the proceeding
is commenced within 30 days after the filing of the decision in the
appropriate office of the City.
If the City of Oneida suspends final plat approval for any subdivision plat under these regulations, it shall record a document with the Clerk's office for Madison County declaring that final approval for the subdivision is suspended and that the further sale, lease or development of property within the subdivision is prohibited except that this prohibition shall not apply to persons or parties who have acquired property from the subdivider unless the person or party acquiring property meets the definition of "common ownership" in Article II. If any court of competent jurisdiction invalidates final plat approval for any subdivision, the City of Oneida shall record a document with the Clerk's office for Madison County declaring that the final plat for the subdivision is no longer valid and that further subdivision activity is prohibited.
