Town of Seneca Falls, NY Article III Procedures

§ 255-8 Application for approval required.

Whenever any subdivision of land is proposed to be made 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 or her duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures.

A. Plats for lot line adjustments and subdivisions as well as subsequent development thereof shall be prepared by a New York State licensed professional surveyor.

B. Plat size and legibility. Plats for subdivisions and lot line adjustments shall be on sheets no smaller than 8 1/2 inches by 11 inches and not larger than 24 inches by 36 inches. Where necessary, such plats may be in two or more sections accompanied by a key diagram showing relative location of the sections.

C. Plats for all proposed subdivisions as defined in Article I, § 255-3, shall be filed with the Planning Board for approval.

D. All applications for lot line adjustments and minor and major subdivisions shall be signed by the owner or owners of the property to verify that the application is made with their consent.

E. Fees. See General Legislation.[1]

[1] Editor's Note: Said fees are on file can be found in the Municipal Building.

F. Preapplication conferences. Preapplication conferences with the Zoning Officer and Planning Board Representative are encouraged in order to:

(1) Review application requirements and procedures;

(2) Discuss preliminary design of the project;

(3) Establish a probable timetable for review; and

(4) Review Town policies concerning development.

G. Sketch plans. A submission of a subdivision sketch plan is required in accordance with § 255-9 of this chapter. The Planning Board's purpose in reviewing subdivision sketch plans shall be solely to provide an opportunity for informal discussions concerning a proposed subdivision with Planning Board members at a regular meeting.

H. Open space subdivision. The Planning Board may consider any proposal for an open space subdivision submitted by an applicant pursuant to § 255-16 of this chapter and New York State Town Law § 278, as amended. The Planning Board may require clustering of lots and development to protect environmentally sensitive areas or to preserve open space.

I. Open space subdivisions and subdivisions to be developed in distinct phases or sections shall be subject to two stages of review. Preliminary review will consider potential impacts from the entire subdivision. Final review will address one or more individual phases or sections identified as part of the approved preliminary plat.

J. Where a subdivision plat covers only a part of the subject and any adjacent parcel(s) owned by the applicant, the Planning Board may require a separate conceptual plan for the remainder of the land, including an estimated time schedule for subdivision and development.

K. The Planning Board shall refer applications for subdivision to the Seneca County Planning Board as required by § 239-n of the General Municipal Law.

L. SEQR. All applications for approval require appropriate environmental review in accordance with the State Environmental Quality Review Act[2] and its implementing regulations.

[2] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

M. Surety. The Planning Board may require that appropriate surety be posted with the Town to assure that specified elements of a development are constructed as designed and/or to assure that the conditions of approval are satisfied in conformance with the requirements the Town Code and New York State Town Law.

N. Waivers. Pursuant to authority in New York State Town Law, the Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.

(1) If an applicant wishes to request a waiver, said request shall be submitted, in writing, as part of the application. The application shall state fully the grounds of said request.

(2) The Planning Board shall make findings supporting its decision regarding a waiver.

(3) Waivers shall be made by resolution of the Planning Board. A statement showing the date that such waiver was granted shall be affixed to the final plat.

(4) When granting waivers, the Planning Board may also impose additional conditions, as needed, to achieve the objectives of the waived requirement(s).

O. All subdivision proposals require a public hearing before the Planning Board. All owners of property located within 500 feet of the parcel proposed for subdivision shall be notified of the public hearing by receiving a copy of the legal notice published in the Town's official newspaper. In addition, the Town Clerk is to provide a public hearing notice to the municipal clerks in neighboring municipalities when the site under review lies within 500 feet of the neighboring municipality.

P. Complete application. In compliance with New York State Town Law, subdivision applications shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act.[3] The time periods for review of a subdivision shall begin upon filing of such negative declaration or such notice of completion.

[3] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

Q. Advanced site preparation. After a Planning Board vote to approve a subdivision and before receipt of the Planning Board Chair signature on the approved final plat, the Planning Board may grant approval for site preparation upon formal request by the applicant. Said application shall describe the site preparation to be completed and be supported by good and sufficient reasons for starting in advance of final approval. Surety required by the Planning Board for the performance of the described site preparation shall be accepted by the Town Board and filed with the Town before issuance of permits.

R. Reservation of parkland. In conjunction with its review of a subdivision containing residential dwelling units, the Planning Board shall make findings and a determination that a proper case exists for requiring a set-aside of parkland or payment of a fee in lieu thereof, in compliance with New York State Town Law. See also Town Code, Fees.[4]

[4] Editor's Note: Said fees are on file can be found in the Municipal Building.

§ 255-9 Sketch plan.

A. Submission of sketch plan.

(1) Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board, at least 10 days' prior to the regular meeting of the Board, two copies of a sketch plan(s) of the proposed subdivision, which shall comply with the requirements of Article II, § 255-4, for the purposes of classification and preliminary discussion.

(2) Any property owner proposing five or more residential lots shall present to the Board two sketch plans, one plan which meets all the requirements for single-lot development within the zone where it is to be located and a second plan which utilizes the provisions for open space subdivision.

B. Discussion of requirements and classification.

(1) The subdivider or his or her duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.

(2) Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor subdivision or major subdivision as defined in these regulations. The Board may require, however, when it deems it necessary for the 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 subdivider shall then comply with the procedure outlined in Article III, §§ 255-10 and 255-13, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 255-11 through 255-15.

C. Study of sketch plan. 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.

§ 255-10 Minor subdivision.

A. Application and fee.

(1) Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article II, § 255-5.

(2) All applications for plat approval for minor subdivisions shall be accompanied by a fee as set from time to time by resolution of the Town Board.

B. Number of copies. Five copies of the subdivision plat shall be presented to the Clerk of the Planning Board at the time of submission of the subdivision plat.

C. Subdivider to attend Planning Board meeting. The subdivider or his or her duly authorized representative shall attend the meeting of the Planning Board to discuss the subdivision plat.

D. When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Article II, § 255-5, of these regulations, has been filed with the Clerk of the Planning Board.

E. Public hearing. A public hearing shall be held by the Planning Board within 62 days from the time of submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing.

F. Action on subdivision plat.

(1) The Planning Board shall, within 62 days from the date of the public hearing, act to conditionally approve, conditionally approve with modification, disapprove or grant final approval and authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat.

(2) Upon granting conditional approval, with or without modification, to the plat, the Planning Board shall empower a duly authorized officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be certified by the Clerk of the Planning Board as conditionally approved, a copy shall be filed in his or her office, and a certified copy shall be mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Upon completion of such requirements, the plat shall be signed by the duly designated officer of the Planning Board. Conditional approval of a 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 signature if, in its opinion, such extension is so warranted under the circumstances, for not to exceed two additional periods of 90 days each.

G. Neighboring municipality notification. As required by § 239-nn of the General Municipal Law, notice shall be given to an adjacent municipality (town or village) whenever a public hearing is held by the Town Planning Board regarding a subdivision review and approval on property that is within 500 feet of such adjacent municipality. Such notice shall be given by mail to the clerk of the adjacent municipality at least 10 days' prior to any such hearing. Such adjacent municipality may appear and be heard.

§ 255-11 Major subdivision.

A. Preliminary plat for major subdivision.

(1) Application and fee.

(a) Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in Article II, § 255-6, hereof. 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 II, § 255-6, of these regulations, except where a waiver may be specifically authorized by the Planning Board.

(b) The application for approval of the preliminary plat shall be accompanied by a fee as set from time to time by resolution of the Town Board.

(2) Number of copies. Five copies of the preliminary plat shall be presented to the Clerk of the Planning Board at the time of submission of the preliminary plat.

(3) Subdivider to attend Planning Board meeting. The subdivider or his or her duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.

(4) Study of preliminary plat. The Planning 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 arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Master Plan, the Official Map and Chapter 300, Zoning, if such exist.

(5) When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article II, § 255-6, of these regulations, has been filed with the Clerk of the Planning Board.

(6) Approval of the preliminary plat.

(a) Within 62 days after the receipt of such preliminary plat by the Clerk of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. Within 62 days after the date of such hearing, the Planning Board shall approve, with or without modification, or disapprove such preliminary plat, and the grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When so 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. Within five days of the approval of such preliminary plat, it shall be certified by the Clerk of the Planning Board as granted preliminary approval and a copy shall be filed in his or her office, a certified copy shall be mailed to the owner and a copy shall be forwarded to the Town Board. Failure of the Planning Board to act within such forty-five-day period shall constitute approval of the preliminary plat.

(b) When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to the modifications to the preliminary plat, the character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without ieopardy to the public health, safety, morals and general welfare and the amount of improvement or the amount of all bonds therefor which it will require as a prerequisite to the approval of the subdivision plat. Approval of a preliminary plat shall not constitute approval of the subdivision plat, but, 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 plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the 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 at the public hearing.

B. Final plat for major subdivision.

(1) Application for approval and fee. The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, submitted in writing. All applications for plat approval for major subdivisions shall be accompanied by a fee as set from time to time by resolution of the Town Board. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.

(2) Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Clerk of the Board with a copy of the application and three copies (one copy, in ink, on linen or an acceptable equal) of the plat, the original and one true copy of all offers of cession, covenants and agreements and two prints of all construction drawings.

(3) When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article II, § 255-7, of these regulations, has been filed with the Clerk of the Planning Board.

(4) Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Seneca Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Town, county and state agencies. Endorsement and approval by the Seneca County Department of Health shall be secured by the subdivider before official submission of the subdivision plat.

(5) Public hearing. Within 62 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least 10 days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 255-11A of this article and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.

(6) Action on proposed subdivision plat.

(a) The Planning Board shall, by resolution, conditionally approve, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Clerk of the Planning Board if no hearing is held or, in the event that a hearing is held, within 62 days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat.

(b) Upon resolution of 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. Within five days of such resolution, the plat shall be certified by the Clerk of the Planning Board as conditionally approved and a copy filed in his or her office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements 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. 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 signature if, in its opinion, such extension is warranted under the circumstances, for not to exceed two additional periods of 90 days each.

C. Neighboring municipality notification. As required by § 239-nn of the General Municipal Law, notice shall be given to an adjacent municipality (town or village) whenever a public hearing is held by the Town Planning Board regarding a subdivision review and approval on property that is within 500 feet of such adjacent municipality. Such notice shall be given by mail to the clerk of the adjacent municipality at least 10 days' prior to any such hearing. Such adjacent municipality may appear and be heard.

§ 255-12 Required improvements.

A. Improvements and performance bond.

(1) Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1)(a) or (b) below:

(a) In an amount set by the Planning 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 to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 277 of the Town Law and, further, shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. A period of one year or such other period as the Planning Board may determine appropriate, not to exceed three years, shall be set forth in the bond within which required improvements must be completed.

(b) 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 bond 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 bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety.

(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 of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(1)(b), 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 bond or certified check for all required improvements as specified in Subsection A(1)(a), such bond shall not be released until such a map is submitted.

B. Modification of design of 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 any authorization under this subsection in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.

C. Inspection of improvements. At least five days' prior to commencing construction of required improvements, the subdivider shall pay to the Town Clerk the inspection fee required by the Town Board and shall notify the Town Board, in writing, of the time when he or she 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.

D. 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 or she shall so report to the Town Board, Zoning Officer and Planning Board. The Town Board then shall 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 Planning Board as long as the subdivider is in default on a previously approved plat.

§ 255-13 Filing of approved plat.

A. Final approval and filing. Upon completion of the requirements in §§ 255-11B and 255-12 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 duly designated 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 upon which such plat is approved or considered approved by reasons of the failure of the Planning Board to act shall become null and void.

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 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.

§ 255-14 Street acceptance.

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, easement or other open space shown on such subdivision plat.

§ 255-15 Ownership and maintenance or recreation areas and open space.

A. 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 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.

B. All open space in an open space subdivision which is to be used only for recreational, conservation or agricultural purposes shall be owned jointly or in common by the owners of the residential lots; owned by the Town, subject to acceptance; or the deed to the open space land, with permanent conservation restrictions, may remain with the original property owner, who has sold the development rights to this part of the parcel to the developer, who, in turn, has sold an undivided equal interest in these rights to each new residential parcel owner in the development.

§ 255-16 Open space subdivisions.

Pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of the Chapter 300, Zoning, in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a 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. The following shall be the procedure and standards:

A. Request by subdivider. A subdivider may request the use of § 278 simultaneously with or subsequent to presentation of the sketch plan according to the procedure described in this Article III. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.

B. Sketch plat. A subdivider shall present, along with a proposal in accordance with the provisions of § 278, a standard sketch plat which is consistent with all the criteria established by these subdivision regulations, including but not limited to streets being consistent with the Highway Construction Specifications[1] and lots being consistent with Chapter 300, Zoning.

[1] Editor's Note: See Ch. 169, Highway Construction.

C. Park, recreation, open space or other municipal purposes. If the application of this procedure results in a plat showing land available for park, recreation, open space or other municipal purposes directly related to the plat, then conditions as to ownership, use and maintenance of such lands as are necessary to assure the preservation of such lands for their intended purposes shall be set forth by the Planning Board.

D. Plat submission. Upon determination that such sketch plat is suitable for the procedures under § 278 and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all of the requirements of the resolution shall be presented to the Planning Board, and thereafter the Planning Board shall proceed with the required public hearings and all other requirements of these regulations.

E. Filing, notation on Zoning Map. On the filing of a plat in the office of the County Clerk in which § 278 has been used, the subdivider shall file a copy with the Town Clerk, who shall make appropriate notations and reference thereto in the Town Zoning Map.[2] The Secretary of the Planning Board shall notify the Building Inspector when such a plat is filed.

[2] Editor's Note: The Zoning Map is included as an attachment to Chapter 300, Zoning.

§ 255-16.1 Lot line adjustments.

Plats for lot line adjustment shall be clearly identified as such and shall be submitted to the Town Building Department for review and Planning Board Chair signature before being filed with the office of Seneca County Clerk.

A. For lot line adjustments, no additional lots shall be created, and all resulting lots shall be of sufficient area and dimension to meet minimum requirements for zoning and building purposes.

B. Submitted plats for lot line adjustments shall show information as described in §§ 255-5 and 255-6 of this chapter.

C. The purpose for the lot line adjustment shall be shown on the plat and described in the deeds.

D. Applications for lot line adjustments shall be reviewed by the Code Enforcement Officer for compliance with requirements in Town Code Chapter 300, Zoning, regarding lot size, dimensions and general layout.

E. Upon a finding of compliance, the plat shall be signed by the Planning Board Chair.