[Amended 3-8-1999 by L.L. No. 2-1999]
A.
When a subdivision of land is proposed to be made
and before a contract for the sale of any lots 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 owner or his duly authorized agent shall apply,
in writing, for approval of such proposed subdivision in accordance
with the procedures set forth in this article.
B.
The owner of land subdividing as a simple subdivision must submit a notice of simple subdivision form with an attached sketch plan. The sketch plan shall comply with the provisions of § 135-14A. Upon the proper filing of the notice and sketch plan with the Planning Board, the owner shall receive a letter acknowledging receipt of the notice and sketch plan and stating that the application procedure is complete. In the event that there are errors or omissions in the notice and sketch plan, the owner shall be so advised.
A.
Submission of sketch plan. Any owner of land may, prior to subdividing or resubdividing land, submit to the Town Clerk at least 10 days prior to the regular meeting of the Planning Board four copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 135-14, for the classification and preliminary discussion.
[Amended 8-21-1995 by L.L. No. 5-1995]
B.
Discussion of requirements and classification.
(1)
The applicant or his duly authorized representative
may attend the meeting of the Planning Board to discuss the requirements
of these regulations or of this Code for street improvements, drainage,
sewerage, water supply, flood protection and similar aspects, as well
as the availability of existing services and other pertinent information.
[Amended 8-21-1995 by L.L. No. 5-1995]
(2)
At the time of the Planning Board meeting to review
the sketch plan, the applicant or his duly authorized representative
shall be provided with an environmental assessment form. If the proposed
subdivision has been classified as a minor subdivision, the applicant
or his representative shall receive a short environmental assessment
form unless the Planning Board determines that a full environmental
assessment form will be necessary. If the proposed subdivision has
been classified as a major subdivision, the applicant or his representative
shall be provided with a full environmental assessment form. The form
shall be submitted with the preliminary plat in the case of a major
subdivision or with the final plat in the case of a minor subdivision.
[Amended 3-14-2016 by L.L. No. 1-2016]
(3)
At this time the Planning Board shall classify the sketch plan as to whether it is a simple, minor or major subdivision as defined in these regulations. (See Article II.) The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the applicant shall then comply with the procedure outlined in §§ 135-7, 135-10 and 135-11 of these regulations. If such subdivision is classified as a major subdivision, the applicant shall comply with the procedures outlined in §§ 135-8 through 135-11.
[Amended 3-14-2016 by L.L. No. 1-2016]
C.
Study of sketch plan and submission of survey. The
Planning Board shall determine whether the sketch plan meets the purposes
of these regulations and shall, where it deems it necessary, make
specific recommendations, in writing, to be incorporated by the applicant
in the next submission to the Planning Board. Upon final approval
by the Planning Board, the applicant shall provide to the Board a
survey map incorporating all of the provisions required by the Board
and this subdivision chapter.
[Amended 3-14-2016 by L.L. No. 1-2016]
D.
Review of location.
(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 as indicated by the Natural Resource
Composite Maps on file in the Town offices. If the site falls into
areas on the soils map denoted as having "moderate," "severe" or "very
severe" limitation or within flood hazard areas or areas of unique
hydrologic or natural habitat areas (including wetlands), the Planning
Board may require the applicant to consult with the appropriate technical
review or assistance agencies (such as, but not limited to, the Soil
Conservation Service, the State or County Health Departments, the
Army Corps of Engineers and the Department of Environmental Conservation)
to determine appropriate measures to mitigate or eliminate such problems
or conflicts. The finding or recommendations of such agencies shall
not be binding on the Planning Board or applicant.
(2)
The Planning Board may require that design techniques such as clustering (in accordance with § 135-13) 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, hydrologic and natural habitat resources).
A.
Within six months after Planning Board classification of the sketch plan as a minor subdivision, the applicant shall submit an application for approval of a minor subdivision plat. Failure to do so may require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall be a survey map that conforms to the layout shown on the sketch plan, plus any conditions established by the Planning Board. Said application shall also conform to the requirements listed in § 135-15. All submissions for minor subdivision plat consideration shall be accompanied by a flat fee as set forth from time to time by resolution by the Town Board.
[Amended 8-21-1995 by L.L. No. 5-1995; 3-14-2016 by L.L. No. 1-2016]
B.
Four copies of the subdivision (final) plat for a
minor subdivision shall be presented to the Town offices at least
10 days prior to a scheduled meeting of the Planning Board. The applicant
or his duly authorized representative shall attend the meeting of
the Planning Board to discuss the subdivision plat.
[Amended 8-21-1995 by L.L. No. 5-1995]
C.
An environmental assessment form for the proposed
subdivision shall be available for review at this meeting of the Planning
Board. The statement shall consider potential impacts of the development.
D.
A public hearing shall be held by the Planning Board
within 62 days of the time of submission of the subdivision plat for
approval. Said hearing shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
public hearing.
[Amended 8-21-1995 by L.L. No. 5-1995]
E.
The Planning Board shall, within 62 days from the
date of said public hearing, conditionally approve, with or without
modifications, disapprove or approve such minor subdivision plat and
so indicate on the plat. Failure to act within the stated time period
or a mutually agreed upon extension thereof shall constitute approval
of the plat. A resolution of conditional approval shall also duly
authorize and empower an officer of the Planning Board to sign the
plat subject to completion of such conditions as may be specified
in said resolution.
[Amended 8-21-1995 by L.L. No. 5-1995]
F.
Conditional approval.
(1)
Within five days of the Planning Board resolution
of conditional approval, the minor subdivision plat shall be certified
by the Planning Board as conditionally approved. A copy of such certification
shall be filed in the office of the Town Clerk and a copy mailed to
the applicant, including any conditions that must be met before the
plat can be signed.
(2)
Conditional approval of the plat shall expire 180 days after the date of the resolution of approval. The Planning Board may extend this time for an additional two ninety-day periods. Within such one-hundred-eighty-day period, or any extension thereof granted by the Planning Board, the conditionally approved plat must be submitted for the Planning Board signature of final approval required by § 135-7E of these regulations.
A.
Within six months after Planning Board classification of the sketch plan as a major subdivision, the applicant shall submit a preliminary plat in accordance with § 135-16 of these regulations, except where a waiver of any requirements may be specifically authorized by the Planning Board.
B.
Four copies of the preliminary plat, clearly marked
"Preliminary," shall be on file in the Town offices no less than 10
days prior to a regular monthly meeting of the Planning Board for
review by the Code Enforcement Officer for completeness. An environmental
assessment form for the proposed subdivision shall be available for
review at this meeting of the Planning Board. The statement should
consider potential impacts of the development.
[Amended 11-5-1990; 8-21-1995 by L.L. No. 5-1995]
C.
When applicable in Chenango County, the Secretary
of the Planning Board, upon receipt of a preliminary plat, shall present
a copy of said plat to the County Planning Agency for review and report
in accordance with the provisions of § 239-n of Article
12-B of the General Municipal Law. The Chairperson of the Planning
Board or other designated member of the Planning Board shall present
a copy of the preliminary plat to any other county or state agency
which has or may have jurisdiction of review or approval of the subdivision.
This may include but is not limited to review by the New York State
Health Department or compliance with the New York State Freshwater
Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental
Conservation Law) and State Pollution Discharge Elimination System
as administered by the Department of Environmental Conservation. If
the subdivision meets any Type I thresholds listed in Part 617.12
of the SEQR regulations, lead agency for the SEQR process shall be
determined according to procedures outlined in Section 617.6 of the
SEQR regulations.
D.
The applicant or his duly authorized representative
shall attend the meeting of the Planning Board to discuss the preliminary
plat.
E.
The Planning Board shall study the suitability of
the preliminary plat, taking into consideration the requirement of
the community and the best use of the land being subdivided. Particular
attention shall be given to the arrangement, location and design of
streets and their relation to the topography, water supply, sewage
disposal, drainage, lot sizes and arrangement, potential flood hazards,
the future development of adjoining lands as yet unsubdivided and
the requirements of the Comprehensive Plan, the Official Map and zoning
regulations, if such exists.
F.
A determination of no significant environmental impact (negative declaration) or a draft environmental impact statement (EIS) is required by the designated lead agency before the subdivision may be approved (in accordance with Section 617.11 of the rules and regulations governing SEQR of the local SEQR law). The Secretary of the Planning Board shall notify any other agency which may have authority to review the subdivision (see § 135-8C above) of this determination.
G.
The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by all data required by § 135-16 of these regulations, has been filed with the Secretary of the Planning Board.
H.
Within 62 days after the time of submission of a preliminary
plat, the Planning Board shall hold a public hearing on said plat.
This hearing shall be advertised in a newspaper of general circulation
in the Town at least five days before such hearing. This public hearing
shall also be used to solicit comments on the draft EIS under SEQR
(if required). Within 62 days from the date of such public hearing,
the Planning Board shall take action to approve, with or without modifications,
or disapprove such preliminary plat, and the ground for any modification
required or the ground for disapproval shall be stated upon the records
of the Planning Board.
[Amended 8-21-1995 by L.L. No. 5-1995]
I.
Notwithstanding the foregoing provisions, the period
in which the Planning Board must take action on a preliminary plat
may be extended by mutual consent of the owner and the Planning Board.
When so approving a preliminary plat, the Planning Board shall state,
in writing, any modifications it deems necessary for submission of
the plat in final form.
[Added 8-21-1995 by L.L.
No. 5-1995]
J.
When granting approval to a preliminary plat, the
Planning Board shall state the conditions of such approval, if any,
with respect to:
(1)
The specific changes which will be required in the
final subdivision plat.
(2)
The character and extent of the required improvements
for which waivers may have been requested and which, in the opinion
of the Planning Board, may be waived without jeopardy to the public
health, safety, morals and general welfare.
(3)
The amount of improvement or the amount of all bonds
therefor which will be required as a prerequisite to the approval
of the subdivision plat.
K.
In the event that the Planning Board fails to take
action on a preliminary plat within the time prescribed therefor,
such preliminary plat shall be deemed granted preliminary approval.
The certificate of the Clerk to the Town as to the date of submission
and the failure of the Planning Board 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 herein required.
[Added 8-21-1995 by L.L.
No. 5-1995]
L.
The action of the Planning Board, plus any conditions
attached thereto, shall be noted on or attached to three copies of
the preliminary plat. One copy shall be returned to the applicant,
one retained by the Planning Board and one forwarded to the Town Clerk.
Approval of a preliminary plat shall not constitute approval of the
subdivision plat; rather, it shall be deemed an expression of approval
of the design submitted on the preliminary plat as a guide to the
preparation of the final subdivision plat, which will be submitted
for approval of the Planning Board and for recording with the County
Clerk. Prior to approval of the final subdivision plat, the Planning
Board may require additional changes as a result of further study
of the subdivision in final form or as a result of new information
obtained.
A.
The applicant shall, within six months after the approval
of the preliminary plat, submit the plat to the Planning Board in
its final form. If the final plat is not submitted within said six-month
period, approval of the preliminary plat may be revoked by the Planning
Board. All submissions for final plat consideration for major subdivisions
shall be accompanied by a flat fee per lot as set forth from time
to time by resolution by the Town Board.
[Amended 8-21-1995 by L.L. No. 5-1995]
B.
The applicant shall provide the Town Clerk with one
copy of the application and four copies of the plat and all other
drawings, and the original and one copy of all offers of cession,
covenants and agreements, at least 10 days in advance of the regular
Planning Board meeting at which the plat is to be officially submitted.
[Amended 11-5-1990]
C.
The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 135-17 of these regulations, has been filed with the Secretary of the Planning Board.
D.
Evidence shall be supplied that any proposed water
supply and sewage disposal facilities associated with the subdivision
plat requiring approval by the Department of Environmental Conservation
and/or the State or County Department of Health shall have received
at least preliminary approval(s) of such facilities.
E.
A public hearing on the subdivision plat may be held
by the Planning Board if the Board deems there are substantial changes
from the approved preliminary plat. Such hearing shall be held within
62 days after the time of submission of the subdivision plat for approval.
Such hearing shall be advertised in a newspaper of general circulation
in the Town at least five days before such hearing. This hearing may
be waived by the Planning Board.
[Amended 8-21-1995 by L.L. No. 5-1995]
F.
The Planning Board shall, within 62 days from the date of any public hearing or the date of submission of the final subdivision plat if no hearing is required, approve, conditionally approve, with or without modifications, or disapprove said plat and so indicate on the plat. This time period may be extended by mutual consent of the applicant and the Planning Board. Failure to act within the stated time period or a mutually agreed upon extension thereof shall constitute approval of the plat. A resolution of conditional approval shall also duly authorize and empower an officer of the Planning Board to sign the plat upon completion of such requirements as may be stated in the resolution and compliance with § 135-10 of these regulations.
[Amended 8-21-1995 by L.L. No. 5-1995]
G.
If a draft EIS was required, the Planning Board's
action on the subdivision plat shall include either a negative declaration
or the final EIS and a statement of findings on the subdivision as
required under § 8-0109, Subdivision 8, of the SEQR Act
of 1975, as amended.
H.
Within five days of the Planning Board resolution
of conditional approval, the final subdivision plat shall be certified
by the Clerk of the Board as conditionally approved. A copy of such
certification shall be filed in the office of the Town Clerk and a
copy mailed to the applicant. The copy mailed to the applicant shall
include a certified statement of such requirements which, when completed,
will authorize the signing of the conditionally approved plat.
I.
Upon completion of such requirements, the plat shall
be signed by said duly authorized officer of the Planning Board. Conditional
approval of a final plat shall expire 180 days after the date of the
resolution granting such approval unless the requirements have been
certified as completed within that time. The Planning Board may, however,
extend the time within which a conditionally approved plat may be
submitted for a signature if, in its opinion, such extension is warranted
in the circumstances, not to exceed two ninety-day periods.
A.
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the applicant shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
In an amount set forth by the Planning Board, the
applicant shall either file with the Town Clerk a certified check
to cover the full cost of the required improvements or the applicant
shall file with the Town Clerk a performance bond to cover the full
cost of the required improvements. Any such bond shall be satisfactory
to the Town Board as to form, sufficiency, manner of execution and
surety. A period of one year (or such other period as the Town Board
may determine appropriate, not to exceed three years) shall be set
forth in the bond, within which required improvements must be completed.
(2)
The applicant shall complete all required improvements
to the satisfaction of the Town Engineer or other representative designated
by the Town Board to fulfill such duties (hereafter referred to as
"Code Enforcement Officer") who shall file with Planning Board a letter
signifying the satisfactory completion of all improvements required
by the Board. For any required improvements not so completed and not
approved, the applicant shall file with the Town Clerk a bond or certified
check covering the costs of such improvements and the cost of satisfactorily
installing any improvement not approved by the Code Enforcement Officer.
Any such bond shall be satisfactory to the Town Board as to form,
sufficiency, manner of execution and surety.
(3)
The required improvements shall not be considered
to be completed until the installation of the improvements has been
approved by the Code Enforcement Officer.
B.
If at any time before or during the construction of
the required improvements it is demonstrated to the satisfaction of
the Code Enforcement Officer that unforeseen conditions make it necessary
or preferable to modify the location or design of such required improvements,
the Code Enforcement Officer shall, upon approval by the Planning
Board, authorize modifications, provided that these modifications
are within the spirit and intent of the Planning Board's approval
and are not tantamount to the waiver or substantial alteration of
the function of any improvements required by the Planning Board. Such
changes shall be consistent with the statement of findings made pursuant
to § 8-0109, Subdivision 8, of the SEQR Act and Section
617.9 of the statewide SEQR regulations, if applicable, or else a
separate SEQR determination of significance will be required. The
Code Enforcement Officer shall issue any authorization under this
section, in writing, and shall transmit a copy of such authorization
to the Planning Board.
C.
Proper installation of improvements. If the Code Enforcement
Officer 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 applicant, he shall so report
to the Town Board. The Town Board then shall notify the applicant
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 Planning Board as long as the subdivider is in default on a
previously approved plat.
A.
Upon completion of the requirements set forth in §§ 135-9 and 135-10 and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly authorized officer of the Planning Board 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 on which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.
[Amended 8-21-1995 by L.L. No. 5-1995]
B.
No changes, modifications or revisions shall be made
in any subdivision plat after approval has been given by the Planning
Board and endorsed, in writing, on the plat, unless 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.
The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or be evidence of any acceptance
by the Town of any street, recreation area, easement or open space
shown on such subdivision plat.
B.
Ownership and maintenance of park, recreation or open
space areas. When a park, playground or other recreation area or open
space shall have been shown on a plat, Planning Board approval of
the plat shall not constitute an acceptance by the Town of such area.
The 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, where such requirement is considered
necessary or desirable by the Planning Board to realize best use of
the site, provision for the cost of grading, development, equipment
and maintenance of any such recreation area.
[Amended 8-21-1995 by L.L. No. 5-1995]
Pursuant to a resolution of the Town Board,
the Town Planning Board has been empowered to modify the minimum lot
area, minimum width and minimum shoreline lot width requirements in
accordance with the provisions of § 278 of Town Law. In
order to enable and encourage flexibility of design and development
of land in such manner as to promote the most appropriate use of land,
to facilitate the adequate and economic use of streets and utilities
and to preserve the natural and scenic qualities of open lands and
shorelines, the following shall be standards and procedures:
A.
Standards.
(1)
The Town Planning Board may make such modifications
only with respect to the lands within special development areas.
(2)
The minimum acreage to which this section may be applicable
shall be 10 acres, except where public services, sewer and/or water
are available. The Planning Board may determine the minimum size.
(3)
No subdivision shall be approved by the Planning Board
pursuant to this section which shall not reasonably safeguard the
appropriate use of adjoining land.
(4)
In the event that the utilization of this section
results in a plat showing lands available for park, recreation or
other municipal purposes, such conditions on the ownership, use and
maintenance of such lands as the Planning Board deems necessary to
assure the preservation of such lands for their intended purposes
may be imposed, and, further, in the case of lands to be retained
in open space, the Planning Board may require that such lands be restricted
by deed restriction, restrictive covenant, conveyance of a scenic
easement or other appropriate means against any development or land
use inconsistent with their retention in open space.
(5)
The provisions of this section shall not be deemed
to authorize a change in the permission use of such lands as provided
in other Town regulations or ordinances.
B.
Procedures.
(1)
Request by applicant. An applicant may request the use of this section simultaneously with the submission of the sketch plan, as described in § 135-6. Any submission subsequent thereto shall require a resubmission of the sketch plan.
(2)
Alternate sketch plan. An applicant shall present
for the Planning Board's consideration, along with a proposal utilizing
the provisions of this section, an alternate sketch plan with lots
meeting the minimum lot area, minimum lot width and requirements of
any other Town ordinance or local law.
(3)
Plat submission. Upon determination by the Planning
Board that the sketch plan utilizing the provisions of this section
is suitable, the procedures attendant to and subsequent to the sketch
plan submission as set forth in this article shall be followed in
regular order.
(4)
Local filing; notation on Official Map. Any subdivision plat finally approved which involves modifications as provided for in this section shall be filed, in addition to the filing required in § 135-10 hereof, with the Town Clerk, who shall make appropriate notation and reference thereto on the Official Town Map.[1]
[1]
Editor's Note: The Official Town Map is on
file in the office of the Town Clerk.
