The purpose of this article is to specify the
procedures that shall be followed to subdivide land.
Subdivisions consisting of two or more lots
shall be approved in three stages: the informal discussion stage;
preliminary plat or layout stage; and the final plat 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 plat or layout stage requires the
subdivider to present all information needed to enable the Planning
Board to determine that the proposed layout is satisfactory and will
serve the public interest. This stage also ensures that the subdivider
will not be required to expend excessive moneys without some assurance
that his plat will finally be approved.
C.
The final plat 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 approved preliminary layout. After approval has been given, the
plat can be recorded.
A.
The subdivider shall consult with the Soil and Water Conservation District and avail himself of the advice and assistance of these Offices. He shall submit a discussion map, including all items required by § 108-14.
B.
The Planning Board shall express, in writing to the
subdivider, their opinions and recommendations about potential and
actual problems which must be considered for the preparation of the
preliminary plat or layout.
A.
Submission of preliminary plat or layout. The subdividers shall make an application to the Planning Board for approval of a preliminary plat. All information required by § 108-15 shall be submitted to the Planning Board as follows:
B.
Transmission of preliminary plat or layout. The Planning
Board shall transmit a copy of the preliminary plat to the following
officials and agencies for their review and recommendations:
C.
Planning Board action. The Planning Board, within
45 days after the preliminary plat has been properly submitted, shall
hold a public hearing as provided in § 276 of the Town Law.
The Planning Board shall make its decision within 45 days of said
hearing.
D.
Effect of approval. Approval of a preliminary plat
by the Planning Board shall not constitute approval of the final plat
or an acceptance of the subdivision for record. It is an approval
of a general plat as a guide for the preparation of a subdivision
plat for final approval and recording upon fulfillment of all the
requirements of these regulations. Approval of a preliminary plat
shall be effective for a period of one year following the date of
approval by the Planning Board unless an extension of time is granted.
Upon expiration of a preliminary plat approval, no approval of a final
plat shall be given until the preliminary plat has been resubmitted
and approved.
A.
Submission of final plat.
(1)
The subdivider shall make an application to the Planning
Board for approval of a final plat. The final plat submitted shall
conform to the approved preliminary plat. The final plat 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.
(2)
All items required by § 108-16 shall be submitted to the Planning Board as follows:
(a)
Two copies of the final plat application.
(b)
One copy of the approved preliminary plat and
application.
(c)
One copy of the protective covenant, if proposed.
(d)
Reproducible tracing and four copies of approved
improvement plats.
[Amended 4-8-1996 by L.L. No. 1-1996]
(e)
A certificate of compliance by the Zoning Officer.
(f)
A certificate of approval from the State and
County Health Departments that the water and sewage systems of the
proposed subdivision comply with the standards of the State and County
Sanitary Code or other applicable codes.
B.
Official submission date. The final plat 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 plat shall be submitted to the Planning
Board through its secretary or other receiving agent at least two
weeks prior to the regular meeting of the Planning Board.
(2)
The Planning Board shall determine if all the items as required by § 108-16 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 plat has been properly submitted, the Planning
Board shall accept it as being officially submitted and schedule a
public hearing within 30 days of this submission date.
C.
Public hearing. Before the Planning Board acts on
any final plat, it shall hold a public hearing thereon, in accordance
with § 276 of the Town Law. This hearing shall be advertised
in a newspaper of general circulation or official Town newspaper at
least five days prior to such hearing.
D.
Planning Board action. The Planning Board shall act
within 45 days from the date of official submission. One of the following
actions shall be taken by the Planning Board:
(1)
Approve; 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 applicant at his expense
without reimbursement by the Town of any district therein.
(2)
Disapprove. If the Planning Board disapproves the
final plat, written notice of such action, including reference to
the regulation or regulations violated by the plat, 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 plat within
45 days from the date of its official submission, the final plat shall
be deemed to have been approved. The subdivider may obtain a certificate
from the Clerk of the Town stating the official submission date of
the final plat 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 enforcement
of other evidence of approval required herein. The certificate will
permit the County Clerk to file the final plat without it being signed
by the Planning Board.
E.
Effect of approval. The approval by the Planning Board
of a final subdivision plat shall not be deemed to constitute or imply
the acceptance by the Town of any street, park, playground or other
open space shown on said plat.
F.
Recording of final plat. After the Planning Board
has given its final approval of a plat, the plat shall be properly
signed and sealed by the Planning Board. If approved, the plat shall
be filed by the applicant in the office of the County Clerk. Any subdivision
plat not so filed within 90 days of final approval shall become null
and void.
[Amended 4-8-1996 by L.L. No. 1-1996]
G.
Waiver of final plat requirements for minor subdivisions. In the case of a small subdivision, when the parcel to be subdivided will result in no more than one new lot being formed from a parcel that was shown on Cayuga County Tax Maps for the Town of Brutus as of the date of this enactment, contains no new streets or other physical improvements, the Planning Board may waive the following final plat requirements: § 108-12B(3), C, D and E.
[Amended 11-4-1996 by L.L. No. 6-1996; 2-10-2008 by L.L. No.
1-2008]
