Town of Victor, NY Procedures

General description. The following is a list of key considerations governing the subdivision of land.

Subdivisions. Subdivisions proposed for the Town of Victor will be considered either as major or minor subdivisions.

Resubdivisions. Any change to an existing plat is considered a resubdivision and thus requires approval of the Planning Board and may be deemed by the Planning Board as a major or minor subdivision.

(3)

Surety. The Planning Board can require that appropriate surety be posted to assure the project is constructed as designed or to assure that conditions of approval are met.

(4)

Clustering. The Planning Board will consider any proposal for a clustered project, but that Board reserves the right to require clustering to protect environmentally sensitive areas or to preserve open space.

(5)

SEQR. All proposals require appropriate environmental reviews in accordance with the state environmental quality review procedures.

General procedure. Minor subdivisions of land are considered to be less complex projects and require a one-step process for approval. Major subdivisions are considered complex divisions of land and require a three-step process for approval.[1]

[1]

Editor's Note: Former Subsection C, Administrative approvals, added 12-11-2000 by L.L. No. 17-2000, which immediately followed this subsection, was repealed 5-8-2006 by L.L. No. 2-2006.

Open space requirements. All open space (including easements relating thereto), natural resources and landscaping shall be clearly indicated on applicable subdivision maps, including minor subdivision plats and final subdivision plats.

[Added 8-27-2012 by L.L. No. 15-2012]

§ 184-10 Subdivision applications.

Applications. All related application forms are available from the Secretary to the Planning Board.

Preapplication conferences. Preapplication conferences with the Secretary to the Planning Board and/or the Director of Development are encouraged and serve the following functions:

(1)

To review application requirements.

(2)

To identify any potential area of environmental concern.

(3)

To discuss preliminary design of the project.

(4)

To set a probable timetable for review.

(5)

To review Town policies concerning development.

Fees. All applications for subdivision approval shall be accompanied by a fee to be established by resolution of the Town Board. (See Chapter A215, Fees.) This fee shall be used to cover part of the cost of the subdivision review process, including such administrative costs as public hearing notices, inspections, communications, etc.

Public hearing. All subdivision proposals require a public hearing before the Planning Board. Notice will be sent by the Secretary to the Planning Board to all owners of property located within 500 feet of the parcel proposed for subdivision. The public hearing is held to permit the public to learn details of the proposed subdivision. Free and open discussion of the project and its impacts will be encouraged during the hearing.

Environmental review. Plats for proposed subdivisions will be referred to the Conservation Board for review and recommendations. The Conservation Board will consider the probable environmental impacts of the proposed subdivision. In most cases, the Planning Board will be the lead agency for the purpose of making a significance determination pursuant to SEQR.

Review by other governmental agencies. All subdivisions are referred to all affected local, state and federal agencies. Every subdivision plat must undergo review by the engineer for the Town who will ascertain that civil engineering standards are met. All comments received from reviewing agencies shall become a part of the permanent public record of the project.

Date of receipt. Timetables for decisions shall commence on the date of the first Planning Board meeting subsequent to the filing of a completed application.

County Planning Board review. The Secretary to the Planning Board shall, where required by § 239-n of the General Municipal Law or as may be requested by resolution of the Planning Board, submit the plat to the County Planning Board for review and recommendation. No final decision will be rendered prior to the receipt of such recommendation when the plat is referred pursuant to § 239-n.

If during the course of review a plat is determined not to be in compliance with Town zoning standards,[1] review of the plat will be tabled and the matter referred to the Zoning Board of Appeals for resolution.

[1]

Editor's Note: See Ch. 211, Zoning.

As a condition preceding to Board action, the applicant must post a "pending action" sign within 48 hours of submission of the application to the Planning Board secretary and/or the Zoning Board of Appeals secretary and/or the Town Clerk. The sign shall remain until final disposition of the application.

[Added 6-14-1999 by L.L. No. 6-1999; amended 7-23-2001 by L.L. No. 4-2001]

No preapproval site work. Where a subdivision application is pending before the Planning Board such that no final approval has been granted, no material changes shall be made to the property which is the subject thereof. Such prohibited material changes include, but are not limited to, clearing, grading, grubbing, filling and cutting/removing trees and deadfalls, particularly in areas proposed for conservation. Such prohibited activities shall not include maintaining the property in its current state, including lawn mowing, for example. Should the Planning Board determine that a material change to the property has been made during the pendency of the application, such application shall be deemed withdrawn. Should the applicant wish to continue to pursue such an application, the application must be resubmitted, along with the required fee, and shall accurately reflect the property in its most current, post-change state.

[Added 2-10-2014 by L.L. No. 2-2014]

§ 184-10.1 Administrative lot line adjustment.

[Added 6-10-2013 by L.L. No. 4-2013]

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATIVE LOT LINE ADJUSTMENT

Moving or adjusting a lot line on an approved subdivision map as set forth in this Administrative lot line adjustment section. As set forth herein, such moving or adjustment may be approved by a Town of Victor Code Enforcement Officer without formal Planning Board approval.

Eligibility criteria for administrative lot line adjustment.

(1)

Administrative lot line adjustments may be granted by a Town of Victor Code Enforcement Officer, without the need to come before the Town of Victor Planning Board for approval, where the conditions and requirements of this Administrative lot line adjustment section are met.

(2)

An administrative lot line adjustment may only be granted with respect to a subdivision which has been previously approved by the Town of Victor Planning Board.

(3)

The following shall not be eligible for an administrative lot line adjustment:

(a)

Where such adjustment would create a new parcel.

(b)

Where such adjustment would increase the number of parcels within the subject subdivision. (Note, however, that parcels may be eliminated so that two or more parcels are consolidated.)

(c)

Where such adjustment would create the need for a new street.

(d)

Where such adjustment would create the need for new or additional public improvements (such as sewer or water infrastructure).

Procedure for administrative lot line adjustment.

(1)

Where the above criteria are met, an applicant shall make application for an adjustment directly to the Town of Victor Code Enforcement Officer. Such applicant shall include the following:

(a)

A brief letter explaining the requested relief and the need for such relief.

(b)

The approved subdivision map.

(c)

A new subdivision map depicting the requested relief [i.e., the new location of the lot line(s)].

(d)

Payment of a twenty-dollar fee.

(2)

The Town Code Enforcement Officer shall make a determination as to whether such adjustment shall be made based upon his/her consideration of the lot line adjustment substantive criteria below.

(3)

Should such administrative lot line adjustment be granted, a new subdivision map depicting the requested adjustment (as prepared by a qualified engineer) shall be signed by the Chair of the Town of Victor Planning Board. After it is executed, said subdivision map shall be filed in the Town Clerk's office as well as the County Clerk's office.

Lot line adjustment substantive criteria.

(1)

The adjustment shall not cause a parcel to contain insufficient area or dimensions so that the requirements of the Victor Town Code would be in violation after such adjustment. However, these criteria shall not prevent approval of an adjustment where at least one of the parcels is nonconforming as to size prior to the adjustment and the proposed adjustment does not increase the overall degree of nonconformity.

(2)

The adjustment shall not cause any existing or proposed building or structure to come into violation of the Victor Town Code. However, these criteria shall not prevent the approval of an adjustment where an existing building or structure is nonconforming under the Zoning Ordinance[1] prior to the parcel line adjustment and the proposed adjustment will not increase the overall degree of nonconformity.

[1]

Editor's Note: See Ch. 211, Zoning.

(3)

The adjustment shall not cause any public improvement, parcel or building to be in violation of the Town Design and Construction Standards. However, these criteria shall not prevent approval of an adjustment where such public improvement, parcel or building is already nonconforming under the Town Design and Construction Standards prior to the adjustment and the proposed adjustment will not increase the overall degree of nonconformity.

(4)

The adjustment shall not significantly diminish the availability of vehicular or emergency vehicle access.

(5)

The adjustment shall not significantly diminish the availability of connection to public utilities.

(6)

The adjustment shall not cause a violation of or impinge upon open space designated on an approved subdivision map.

(7)

The adjustment shall not cause of violation of or impinge upon any easements of record.

(8)

The adjustment shall not create a new street or modify the configuration, alignments, profiles or boundaries of existing streets, whether or not these are dedicated.

(9)

The adjustment shall not alter the number, configuration, pattern, layout, extent or elevation of proposed building sites or pads, whether residential, commercial or industrial in nature.

(10)

The adjustment shall not eliminate or modify the configuration, alignments, number or profiles of driveways or other points of vehicular access serving affected parcels and/or associated easements.

(11)

The adjustment shall not eliminate or modify the configuration, alignments, locations or capacities of public improvements, including those related to public water and public sewer and their associated easements.

(12)

The adjustment shall not eliminate or modify the configuration, alignments, profiles or capacities of storm sewers and other stormwater management improvements and/or associated easements.

(13)

The adjustment shall not eliminate or modify parking spaces upon affected parcels, whether these are constructed or depicted on a site plan and held in reserve as a contingency (land banked).

(14)

The adjustment shall not modify the need for or pattern of excavation, fill or grading necessary to development.

(15)

If approved, the affected subdivision would continue to be in compliance with all conditions imposed at the time the subdivision was given preliminary and/or final subdivision approval.

(16)

If approved, the affected subdivision shall continue to be in compliance with all conditions imposed as a consequence of a completed State Environmental Quality Review (SEQR) process or imposed within an associated statement of SEQR findings.

(17)

Should the Code Enforcement Officer determine that, outside of the above criteria, the adjustment would otherwise be inconsistent with the intent of the originally approved subdivision, he/she shall deny approval of the proposed adjustment.

Expiration. An approved subdivision map reflecting an approved lot line adjustment shall be filed in the Ontario County Clerk's office within 62 days from the date of signature of the duly authorized officer of the Planning Board. Failure to file the map within this period shall constitute expiration of approval.

Appeals. The Town Code Enforcement Officer's determination herein shall not be subject to an appeal to the Town Zoning Board of Appeals. Instead, applicants denied an administrative approval under this section shall have the right to apply directly to the Town Planning Board for a nonadministrative subdivision plat approval of the proposed adjustment, which Planning Board decision may be appealed as according to law. The application to the Town Planning Board shall be processed according to the Victor Town Code.

§ 184-11 Minor subdivision review.

A minor subdivision plat shall be prepared and submitted to the Planning Board for all proposed minor subdivisions. The requirements and procedures of this process are as follows:

Requirements.

(1)

Nine copies of the minor subdivision plat, a completed application and a fee, as required by Chapter A215, Fees, shall be submitted to the Secretary of the Planning Board. Copies will be used for the following purposes:

(a)

One copy shall be returned to the subdivider with notification of decision.

(b)

One copy shall be retained by the Planning Board.

(c)

One copy shall be retained by the Building Department.

(d)

Six copies shall be used for necessary coordination with and referral to other agencies and consultants.

(2)

Additional copies may be required to be submitted to the Secretary of the Planning Board, who may determine that other officials, agencies or consultants need to be informed about the project.

(3)

The minor subdivision plat shall comply with the requirements set forth in the Design and Construction Standards for Land Development of the Town of Victor. This document is available from the Town Clerk of the Town of Victor.

Procedures shall be as follows:

(1)

Completed application. Upon the receipt of an application for a minor subdivision, the Secretary to the Planning Board shall review the application submitted to determine whether it is complete in accordance with the standards of this chapter. The Secretary also will distribute the plat to affected agencies, including the engineer for the Town and the Building Department and the Conservation Board for review and comment.

[Amended 12-29-2008 by L.L. No. 10-2008]

(2)

Public hearing. The Planning Board will set an appropriate date for the public hearing.

(a)

The Planning Board will review the completed application and the plat, taking into account the comments of the affected agencies which have reviewed the application and the plat.

(b)

The public hearing will be held within 62 days of the date of the receipt of a completed application by the Planning Board.

[Amended 1-22-1996 by L.L. No. 1-1996]

(c)

Notice. The notice of the hearing shall be advertised at least once in the official Town newspaper at least five days before such hearing is held. Owners of property located within 500 feet of the land proposed for subdivision shall be sent a copy of the public hearing notice by the Secretary to the Planning Board.

(3)

Action on minor subdivision plat.

(a)

Public hearing. The Planning Board shall, by resolution, within 62 days after the close of the public hearing, approve conditionally, approve with or without modification or disapprove such plat. The resolution shall contain the findings of fact on the project. Notification of action shall be mailed to the subdivider within seven working days of the date of Planning Board action. In the case of disapproval of a proposed plat, the Planning Board shall state its reasons for disapproval in its minutes. A letter stating the reasons for denial shall be sent by the Planning Board to the applicant. Failure of the Planning Board to act within the required time period shall constitute approval. The certificate of the Town Clerk as to the date of receipt and/or hearing and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written approval. Notwithstanding these provisions, the time in which the Board must take action may be extended by mutual consent.

[Amended 1-22-1996 by L.L. No. 1-1996]

(b)

Upon completion of the public hearing, the Planning Board shall make findings of fact on the project. Findings of fact will be based upon information generated during the public hearing and the comments made by the affected agencies and staff reports. This resolution of approval shall include findings of fact.

(c)

Conditional approval. Upon resolution of conditional approval, the Planning Board shall empower a duly authorized officer to sign the plat subject to completion of such requirements as may be stated in the resolution. Conditional approval shall expire within 180 days after the date of the resolution granting conditional approval unless all such requirements are completed. This period may be extended by the Planning Board for up to two ninety-day periods beyond the 180 days. Within five days of the resolution of conditional approval, the plat shall be certified by the Secretary of the Planning Board as conditionally approved and a copy filed in such Secretary's office.

[Amended 1-22-1996 by L.L. No. 1-1996]

(d)

Expiration of approval. An approved plat shall be filed in the Ontario County Clerk's office within 62 days from the date of signature of the duly authorized officer of the Planning Board or certification of no action by the Planning Board. Failure to file the plat within this period shall constitute expiration of approval.

[Amended 1-22-1996 by L.L. No. 1-1996]

(e)

Issuance of permits restricted. No site improvements within the subdivision shall be installed until the plat has received final approval by the Planning Board and surety has been posted pursuant to this chapter. No building permits shall be issued within the proposed subdivision until the plat has been filed in the Ontario County Clerk's office and notification of the filing has been received by the Secretary to the Planning Board and the Building Department.

§ 184-12 Sketch plat review.

[Amended 1-22-1996 by L.L. No. 1-1996; 6-14-1999 by L.L. No. 6-1999]

General principles. Major subdivisions are a three-step process consisting of a sketch plat, a preliminary site plan approval process and the final approval of the plat proposed for subdivision as follows:

(1)

Sketch plat. A concept plat which has limited information about the proposed subdivision and is used for discussion purposes.

(2)

Preliminary site plat. A subdivision map which is a more detailed refinement of the plats and is considered the major design phase of the project.

(3)

Final subdivision plat. A refinement of the project into its final acceptable form.

Sketch plat review procedure.

(1)

Purpose. The purpose of the sketch plat review is to provide the subdivider with an opportunity to consult early and informally with the Planning Board in order to save time and money to come to an understanding as to the most desirable design given the site constraints and the development requirements of the Town.

(2)

Requirements.

(a)

Nine copies of a proposed sketch plat, a completed application and a fee, as required by Chapter A215, Fees, shall be submitted to the Secretary of the Planning Board within 14 days of a Planning Board meeting. Copies will be used for the following purposes:

[1]

One copy shall be returned to the subdivider with notification of Planning Board comments.

[2]

One copy shall be retained by the Planning Board.

[3]

One copy shall be retained by the Building Department.

[4]

Six copies shall be used for necessary coordination with and referral to other agencies and consultants.

[5]

In addition, 11 copies of the layout on 11 by 17 paper are required for use and review by Planning Board members.

(b)

Additional copies may be required to be submitted to the Secretary of the Planning Board, who may determine that other officials, agencies or consultants need to be informed about the project.

(c)

The sketch plat shall comply with the Design and Construction Standards for Land Development of the Town of Victor, Chapter 55, Access Management, and the Official Map, and incorporate the recommendations of the Town Comprehensive Plan and overlay districts, if applicable.

[Amended 8-26-2019 by L.L. No. 8-2019]

(3)

Procedures.

(a)

Completed application. Upon the receipt of an application for a sketch plat review, the Secretary of the Planning Board shall review the application submitted to determine whether it is complete in accordance with the standards of this chapter. The Secretary also will distribute the sketch plat to the affected agencies, including the engineer of the Town, the Building Department and the Conservation Board for review and comment.

[Amended 12-29-2008 by L.L. No. 11-2008]

(b)

The Planning Board will notify adjacent property owners within 500 feet that the subject property is currently under sketch plat review. In addition, the Planning Board will review the sketch plat and the comments from the agencies to which the plat was referred. The Board then may refer the subdivider to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.

(c)

Action on sketch plat. The Planning Board shall study the sketch plat of a proposed subdivision in relation to existing and potential development of the adjacent area, compliance with zoning, environmentally sensitive areas and general development patterns of the Town. The Planning Board will thereafter render comments as to the proposed development.

(d)

Notification of result. No later than 62 days following the receipt of a complete sketch plat, and if certified by the Planning Board Secretary, the Planning Board shall adopt a resolution deeming the application complete. The Planning Board shall thereafter convey a written report or provide minutes of Planning Board meetings relative to the sketch plat with comments to the subdivider. The report or minutes shall contain the Board's comments concerning the design of the proposed subdivision, as well as any suggestions as to coordination with the design of adjacent subdivisions or compliance with requirements of other affected public agencies. Copies of minutes of the relevant meetings shall be considered a sufficient written report.

§ 184-13 Preliminary plat review.

Purpose. This step provides detailed information about the site so the Planning Board can make decisions about the design of the project. Some important considerations include but are not limited to:

(1)

Site improvements and lot design.

(2)

Easement requirements.

(3)

Environmental review.

(4)

Underground utilities and drainage design.

(5)

An outline of the phases of the project.

Requirements.

(1)

Nine copies of the preliminary plat and construction detail of proposed improvements, a completed application and a fee, as required by Chapter A215, Fees, shall be submitted to the Secretary to the Planning Board within 14 days of a Planning Board meeting. This must occur within six months of the date of the resolution approving the sketch plat. The Planning Board may, by resolution, authorize an extension beyond the six-month limit. The nine copies will be used for the following purposes:

(a)

One copy shall be returned to the subdivider with notification of decision.

(b)

One copy shall be retained by the Planning Board.

(c)

One copy shall be retained by the Building Department.

(d)

Six copies shall be used for necessary coordination with and referral to other agencies and consultants.

(2)

Additional copies may be required to be submitted to the Secretary of the Planning Board, who may determine that other officials, agencies or consultants need to be informed about the project.

(3)

The preliminary plat shall comply with the Design and Construction Standards for Land Development of the Town of Victor, Chapter 55, Access Management, and the Official Map.

[Amended 8-26-2019 by L.L. No. 8-2019]

(4)

The preliminary plat should comply with the recommendations made by the Planning Board in the report on the sketch plat.

(5)

The preliminary plat shall be clearly marked "preliminary plat" and shall satisfy the requirements for such plats as described in the Design and Construction Standards for Land Development of the Town of Victor.

(6)

A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 177, Stormwater Management and Erosion and Sediment Control, and Article V, Stormwater Control, of Chapter 211, Zoning, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article V, Stormwater Control, of Chapter 211, Zoning. The approved preliminary subdivision plat shall be consistent with the provisions of this Chapter 177, Stormwater Management and Erosion and Sediment Control, and Article V, Stormwater Control, of Chapter 211, Zoning.

[Added 9-12-2005 by L.L. No. 5-2005]

Procedures.

(1)

Completed application. Upon receipt of an application for a preliminary plat review, the Secretary to the Planning Board shall review the application submitted to determine whether it is complete in accordance with the standards of this chapter. The Secretary also will distribute the preliminary plat to the affected agencies, including the engineer of the Town, the Building Department and the Conservation Board for review and comment. Accompanying the preliminary plat shall be all documents showing construction details of proposed improvements, any supporting materials or engineering reports and a completed environmental review form.

(2)

Review of the preliminary plat is a two-step process conducted in parallel and consisting of an environmental review and a review conducted by the Planning Board.

(a)

Environmental review. The environmental review is an information-gathering effort. The project is reviewed to determine if any design modifications are needed to lessen potential adverse impacts on the physical or natural environment. Unless overriding circumstances exist, the Planning Board shall be the lead agency on all subdivision proposals.

(b)

Review by the Conservation Board. The Secretary to the Planning Board shall transmit the completed environmental review forms to the Conservation Board. The Conservation Board shall review and comment to the Planning Board concerning potential adverse environmental impacts. A recommendation about significance determination may also be made. Prior to preliminary plat approval, all state environmental quality review action shall be completed.

(c)

The Planning Board will review the preliminary plat and the comments from the agencies to which the plat was referred. The Board then may refer the subdivider to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.

(d)

Public hearing required. The Planning Board will set an appropriate date for the public hearing.

[1]

The Planning Board will review the completed application and the plat, taking into account the comments of the affected agencies.

[2]

The public hearing will be held within 62 days of the date of the receipt of a completed application by the Planning Board. Receipt of the completed environmental review forms is a condition of a completed application.

[Amended 1-22-1996 by L.L. No. 1-1996]

[3]

(e)

Action on preliminary subdivision plat.

[1]

The Planning Board shall, by resolution, within 62 days after the close of the public hearing, approve conditionally, approve with or without modification or disapprove such plat. The resolution shall contain the findings of fact generated from the public hearing and agency review of the project, including a finding that the project complies with Chapter 55, Access Management and the Official Map or that waivers have been approved in compliance with said Chapter 55.

[Amended 1-22-1996 by L.L. No. 1-1996; 8-26-2019 by L.L. No. 8-2019]

[2]

Recommendations for modification. Upon resolution of approval with modifications, the Planning Board shall empower a duly authorized officer to sign the plat, subject to modifications of design as may be stated in the resolution. Approval shall expire within 180 days after the date of the resolution granting approval unless all such requirements are completed. This period may be extended by the Planning Board for up to two ninety-day periods beyond the 180 days. Within five days of the resolution of approval, the plat shall be certified by the Secretary of the Planning Board as approved and a copy filed in such Secretary's office.

[Amended 1-22-1996 by L.L. No. 1-1996]

[3]

Notification. Notification of action shall be mailed to the subdivider and filed in the Town Clerk's office within seven working days of the date of Planning Board action. In the case of disapproval of a proposed plat, the Planning Board shall state its reasons for disapproval in its minutes. A letter stating the reasons for denial shall be sent by the Planning Board to the applicant. Failure of the Planning Board to act within the required time period shall constitute approval. The certificate of the Town Clerk as to the date of submission and/or hearing and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written approval. Notwithstanding these provisions, the time in which the Board must take action may be extended by mutual consent.

§ 184-14 Final plat review.

Purpose. This step provides for a refinement of information submitted in the preliminary plat review procedure, submission of additional information about site design and improvements. This information permits the Planning Board, the Building Department and the engineer for the Town to make decisions concerning the appropriateness of the proposed subdivision. Some important considerations include but are not limited to:

(1)

Conditions of the preliminary plat approval.

(2)

Mitigating measures resulting from environmental review.

(3)

Offers of dedication.

(4)

Requirements of outside agencies.

(5)

Requirements to create or extend special districts.

(6)

Drainage considerations.

(7)

Monumentation of the proposed subdivision.

(8)

Water metering during construction.

(9)

Phasing of the proposed project.

(10)

Surety.

Requirements.

(1)

Ten copies of the final plat and construction detail of proposed improvements must be submitted within six months of the date of the resolution approving the preliminary plat. The Planning Board may, by resolution, authorize an extension beyond the six-month limit.

[Amended 1-22-1996 by L.L. No. 1-1996]

(2)

Accompanying each of these copies of the final plat and construction detail must be a final drainage report and applications for the creation or extension of proposed special districts. A completed application and a fee as required by Chapter A215, Fees, also must be submitted, together with these to the Secretary to the Planning Board, within 14 days of a Planning Board meeting. Copies will be used for the following purposes:

(a)

One copy shall be returned to the subdivider with notification of the decision.

(b)

One copy shall be retained by the Planning Board.

(c)

One copy shall be retained by the Building Department.

(d)

Seven copies shall be used for necessary coordination with and referral to other agencies and consultants.

(3)

Additional copies may be required to be submitted to the Secretary of the Planning Board, who may determine that other officials, agencies or consultants need to be informed about the project.

(4)

The final plat shall conform substantially to the preliminary plat as approved by the Planning Board. It shall incorporate any modifications or other features recommended by the Planning Board at the preliminary plat stage, and all such compliances shall be clearly indicated by the subdivider on the appropriate submission.

(5)

The final plat shall be clearly marked "final subdivision plat" and shall satisfy the requirement for such plats as described in the Design and Construction Standards for Land Development of the Town of Victor.

(6)

If the subdivider wishes to develop the subdivision in stages, a subdivision plat covering a portion of the area encompassed by the preliminary plat must be submitted, provided that the proposed development stages were generally indicated on the preliminary plat approved by the Planning Board. However, no more than two individual sections shall be in process or under construction at any time.

(7)

A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 177, Stormwater Management and Erosion and Sediment Control, and Article V, Stormwater Control, of Chapter 211, Zoning, shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article V, Stormwater Control, of Chapter 211, Zoning. The approved final subdivision plat shall be consistent with the provisions of Chapter 177, Stormwater Management and Erosion and Sediment Control, and Article V, Stormwater Control, of Chapter 211, Zoning.

(8)

Waiver. The Planning Board may waive, subject to appropriate conditions and guaranties, for such period as it may determine, the provision of any or all such improvements or processes as, in its judgment of the special circumstances of a particular plat or plats, are not requisite in the interest of the public health, safety and general welfare or which in its judgment are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.

[Added 8-26-2019 by L.L. No. 8-2019]

(a)

With regard to waivers of any provisions of Chapter 55, Access Management, the Planning Board shall comply with the requirements of Chapter 55 in considering and granting said waivers.

Procedures.

(1)

Completed application. Upon receipt of an application for a final plat review, the Secretary to the Planning Board shall review the application submitted to determine whether it is complete in accordance with the standards of this chapter. The Secretary also will distribute the final plat to the affected agencies, including the engineer for the Town, the Building Department and the Conservation Board for review and comment. Accompanying the final plat shall be all documents showing final construction details of proposed improvements and any supporting materials and the final engineering reports.

(2)

The Secretary to the Planning Board at this time also shall process any requests for formation or extension of special districts.

(3)

Public hearing. If the Planning Board deems the final plat to be significantly different from the preliminary plat with required modifications, the Board may require a public hearing. A hearing shall be required in those instances where there has been a change in primary egress or ingress, an increase in the number of lots or alteration of grading plats or method of water supply and/or sanitary waste water disposal. A simple change in lot lines without causing any of the above shall not be deemed a significant change requiring a hearing. However, for just cause, the Planning Board reserves the right to hold a public hearing on a final plat approval. Such public hearing, if required, requires notice to be given. The notice of the hearing shall be advertised at least once in the official Town newspaper at least five days before such hearing is held. Owners of property located within 500 feet of the land proposed for subdivision shall be sent a copy of the public hearing notice by the Secretary of the Planning Board.

(4)

Action on final subdivision plat. The Planning Board shall, by resolution within 62 days after the date of the public hearing, approve, conditionally approve or disapprove such a plat. The resolution shall contain the findings of fact from agency reviews and from the public hearing, if one has been held. Notwithstanding these provisions, the time in which the Board must take action may be extended by mutual consent.

[Amended 1-22-1996 by L.L. No. 1-1996]

(5)

Notification of action shall be mailed to the subdivider and filed in the Town Clerk's office within seven working days of the date of Planning Board action. In the case of disapproval of a proposed plat, the Planning Board shall state its reasons for denial in its minutes. A letter stating the reasons for denial shall be sent by the Planning Board to the applicant. Failure to act within the required time period shall constitute approval. The certificate of the Town Clerk as to the date of submission and/or hearing and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written approval.

(6)

Conditional approval. Upon resolution of conditional approval, the Planning Board shall empower a duly authorized officer to sign the plat, subject to completion of such requirements as may be stated in the resolution. Conditional approval shall expire within 180 days after the date of the resolution granting conditional approval unless all such requirements are completed. This period may be extended by the Planning Board for up to two ninety-day periods beyond the one-hundred-eighty-day initial period. Within five days of the resolution of conditional approval, the plat shall be certified by the Secretary of the Planning Board as conditionally approved and a copy filed in such Secretary's office.

[Amended 1-22-1996 by L.L. No. 1-1996]

(7)

Issuance of permits restricted.

(a)

No building permits shall be issued within the proposed subdivision until the final plat has been signed by the duly authorized officer of the Planning Board and filed with the County Clerk. Notification of such filing also must be received by the Secretary to the Planning Board and by the Building Department prior to the issuance of permits. When a certificate of occupancy is requested for a new building in a subdivision prior to the completion of all improvements shown on the approved subdivision plat, the utilities and streets serving the building shall be completed to a degree satisfactory to the engineer of the Town. The decision of the engineer shall be based upon the following considerations:

[1]

Adequate vehicular access for the prospective occupant and emergency vehicles.

[2]

Services adequate or completed, including water systems and an approved means to dispose of sanitary wastes.

[3]

Structure completed to the satisfaction of the Code Enforcement Officer, who shall utilize standards set forth in the New York State Fire Prevention and Building Code.

(b)

Where such certificate of occupancy has been issued, the streets and utilities proposed for dedication shall be maintained in a suitable condition by the subdivider at his expense and liability until such time as it is accepted by the Town.

(8)

Completion of improvements; waiver; certificate of approval.

(a)

Completion of improvements. The developer shall complete all improvements in accordance with the approved final subdivision plats. The quality of the improvements must be in accordance with final subdivision plats. Their quality also must be acceptable to the engineer for the Town, the Water Department, the Building Department or any other agency having jurisdiction.

(b)

(c)

Certificates of subdivision completion. Upon completion of improvements in accordance with the approved final subdivision plat, an inspection shall be made of the project by municipal officials who have jurisdiction over the various improvements installed. Upon satisfactory review, a certificate of subdivision completion shall be issued by the Director of Development. Acceptance of offers of dedication and release of final performance bond shall be prerequisites to the issuance of the certificate.

(9)

Surety. Provisions of this section are administered as provided for in § 277 of the Town Law of the New York State statutes.

(a)

Purpose. The purpose shall be to assure compliance with proper installation of facilities and utilities being offered for dedication and to protect future property owners; the Town requires a letter of credit or other acceptable surety to be filed by the developer with the Town prior to commencement of construction of the facilities.

[Amended 2-25-2002 by L.L. No. 1-2002]

(b)

Approval of plats. After final approval of the subdivision plats, the developer will offer a proposed surety which indicates the estimated costs of facilities which will be offered for dedication or other such improvements required by the Planning Board. The engineer for the Town will review this proposed surety and, after seeking the advice of the attorney for the Town or other appropriate officials, if necessary, shall submit a recommendation to the Town Board. The Town Board may, by resolution, accept or reject the proposed value.

[Amended 1-24-2000 by L.L. No. 3-2000]

(c)

Approval of surety. When the Town Board is satisfied with the form and value of the proposed surety and is in receipt of the surety documents, the Town Board, by resolution, will accept the surety and submit it to the Town Clerk, who is charged with authorizing releases on behalf of the Town Board. The Town Clerk will authorize releases from the surety only after receiving instructions from the Town Board regarding the amount of the release, the date and the parties who will be named in the release.

(d)

Inspections. All improvements covered under a performance surety must be inspected during construction. Costs of the required inspections may be estimated by the engineer for the Town and shall be born by the developer and will be included in the initial value of the surety.

[1]

The inspection procedure is designed to determine compliance with the approved plats.

[2]

For inspection purposes, the contractor will notify the Town when construction will be undertaken on proposed improvements. Reasonable notice is required. Normally, 24 hours' notice is considered to be reasonable.

[3]

Inspections are the responsibility of the engineer for the Town or a designee of the Planning Board. Subcontracting of inspections on behalf of the engineer for the Town may be done only with the prior approval of the Town Board. Should the inspector find improvements are not being installed in compliance with approved plats, the Town shall immediately be notified. The Town will take all necessary and proper steps to rectify the situation.

(e)

The process for release of surety will be initiated when a request is made by the developer for partial or total release and is submitted to the Town for approval. The request will be submitted by the Town to the engineer for the Town, who shall compare the request with the inspection record. The engineer's determination will be forwarded to the Town Board with a recommendation for action. At that time, the Town Board will decide, by resolution, whether to honor the request and will determine the dollar value of the release. The Town Clerk will be instructed to issue the release in the amount determined by the Town Board.

[Amended 2-25-2002 by L.L. No. 1-2002]

(f)

Upon completion of improvements, the Town Board may honor a request for final release of funds.

[Amended 2-25-2002 by L.L. No. 1-2002; 6-12-2006 by L.L. No. 4-2006; 6-22-2009 by L.L. No. 8-2009]

[1]

This process begins when the developer submits a request for release to the Town. Inspection by Town officials of the improvements is required to assure improvements have been properly accomplished. A report of this inspection is submitted to the Town Board, which will make a determination concerning release of funds.

[2]

The Town Board will decide whether to accept dedication of roads, highways, utilities, facilities, parks or any other improvements as defined in this chapter. The Town Highway Superintendent then may, with the consent of the Town Board, make an order laying out such highway, upon filing and recording in the Town Clerk's office with such order a release of the land from the owner thereof.

[3]

Upon acceptance of dedication, the Town Board will require either that the developer provide the Town a letter of credit or two-year maintenance bond or that the contractor having constructed the facility provide a two-year dual obligee maintenance bond for the benefit of both the developer and the Town. Letters of credit and bonds must be in the amount of 10% of the construction cost of facilities being dedicated. The Town Board will then release the developer from the former surety or letter of credit pursuant to § 184-14C(9)(e).

(g)

All releases under surety are subject to retainage. Each time a release occurs under a surety or letter of credit pursuant to § 184-14C(9)(e), 10% of the amount of the release is retained until the facilities are dedicated. Upon dedication, a letter of credit or maintenance bond must be provided as set forth in § 184-14C(9)(f)[3]. The letter of credit or maintenance bond shall be held for a period of two years following dedication to assure correction of any work that may be found to be defective. Surety may also be required to guarantee eventual removal of any temporary access connections allowed and replacement with permanent access connection as adjacent property(ies) are developed, and to necessary landscaping/buffering, and other improvements required by subdivision approval.

[Amended 2-25-2002 by L.L. No. 1-2002; 6-12-2006 by L.L. No. 4-2006; 6-22-2009 by L.L. No. 8-2009; 8-26-2019 by L.L. No. 8-2019]

(h)

Surety can be waived in instances where the subdivider installs all improvements prior to the final plat being signed by a duly authorized officer of the Town.

§ 184-15 Special districts.

Purpose. The purpose shall be to provide certain utilities and services on an equitable basis and also to assure a means of ongoing maintenance of those utilities and services; the Town of Victor will create or extend special districts. These districts shall be formed in conformance to the provisions of New York State Town Law and as also set forth in these regulations. The formation of these special districts is accomplished to assure that only those who benefit from the installation of those utilities and services are responsible for paying for their installation and maintenance.

Requirements.

(1)

Requirements to create or extend districts are set forth in Article 12 of New York State Town Law.

(2)

Applications to create or extend a district must be accompanied by the required fee as set forth in Chapter A215, Fees, a metes and bounds description of the district and a description of any easements or other information required to form the type of district requested. One copy of any application and accompanying materials to be presented to a state agency whenever necessary is required as part of the process of obtaining final plat approval.

Procedures. Application for the formation of a district is processed as follows:

(1)

Applications for state approval are submitted to the Town Supervisor, who reviews and signs them and returns them to the developer for submission to the appropriate state agencies.

(2)

The Secretary to the Planning Board refers the Town application and accompanying documents to the Director of Development for processing.

(3)

The Director of Development is responsible for taking the following actions:

(a)

The documents are forwarded to the engineer for the Town, who prepares the maps and plats for the creation or extension of the district.

(b)

The attorney for the Town receives and reviews all documents to assure that all provisions of Article 12 of the New York State Town Law and all other legal requirements are met. If all matters are in compliance, the attorney for the Town prepares:

[1]

The petition for creation of the district.

[2]

The notice for public hearing.

[3]

The resolution creating or extending the district.

(4)

Public hearing. Upon the receipt of a completed application for the district and recommendation of the attorney for the Town, the Town Board shall schedule and hold a public hearing on the proposed district or extension of a district. The purpose of the public hearing is to permit free and open discussion of the proposed district. Notice of the public hearing shall be published in accordance with the provisions of New York State law. If the Town Board determines the proposal meets all state and local requirements, the district shall be created or extended by resolution of the Town Board.

(5)

Notification. Notification of the decision shall be the responsibility of the Town Clerk and shall be performed in accordance with all provisions of state law. Final documentation concerning the creation or extension of the district shall become a part of the permanent public record of the subdivision and distributed by the Town Clerk accordingly.