A.
Preliminary and final plans for all proposed subdivisions
of land within the Town of Farmington shall be filed with the Planning Board
for approval.
B.
Preapplication conferences. Preapplication conferences
with the Development Office are encouraged in order to:
C.
Sketch plans. The subdivider may request that the Planning
Board review subdivision sketch plans. 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.
D.
Preliminary plans. Unless clearly designated to be a sketch plan, the initial plan filed with the Planning Board shall be considered to be the official preliminary plan. The preliminary plan shall comply with the procedural requirements of § 144-11 and conform to the preliminary plan checklist in § 144-12.
F.
Approval of preliminary/final plans for certain subdivisions. At the first or subsequent consideration of a preliminary plan for a certain subdivision the Planning Board may grant final approval if the plan and supporting data comply with the requirements for the submission of final plans described in §§ 144-13 and 144-14.
G.
Final plans. The final plan submitted to the Planning Board shall contain all information required on the preliminary plan and the modifications, if any, stipulated by the Planning Board in the resolution approving the preliminary plan. The final plan shall also comply with the procedural requirements of § 144-13 and conform to the final plan checklist in § 144-14.
H.
Clustering. The Planning Board may consider any proposal for a clustered project submitted by a subdivider. Pursuant to §§ 144-16 and 144-29 of this chapter and Town Law § 278, as amended, the Planning Board may require clustering to protect environmentally sensitive areas or to preserve open space.
J.
Surety. The Planning Board may require that appropriate
surety be posted to assure that a development is constructed as designed and/or
to assure that the conditions of approval are satisfied.
K.
Fees. A fee as established by the Town Board shall accompany
all applications for subdivision approval. This fee shall be used to cover
the cost of the subdivision review and approval process, including such administrative
costs as engineering review, public hearing notices, inspections and communications.
See Town of Farmington Fee Schedule as adopted by the Farmington Town Board
and amended from time to time.
L.
Public hearing. 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 publishing a legal notice in the Town's official newspaper. The
public hearing is held to permit the public to learn details of the proposed
development and to comment thereon.
M.
Date of receipt. An application for preliminary plan
approval shall not be considered complete until the Planning Board has made
a SEQR determination of nonsignificance or, alternatively, should the Board
determine that the action may have a significant effect on the environment,
the application shall not be deemed to be complete until the Board has accepted
and filed an environmental impact statement.
N.
Issuance of permits restricted. No site improvements
within a subdivision shall be developed and no building or site development
permits for construction within the development issued until the plat has
received final approval by the Planning Board and the required surety, if
any, has been posted.
The sketch plan shall be clearly designated as such and shall identify
the existing general land features, the available utilities, the proposed
land use and zoning and the layout of lots and traffic patterns for the development.
Planning Board members may suggest modifications to, but shall not approve
or disapprove the sketch plan or concepts represented therein. Comments made
by individual Board members during sketch plan review shall not be interpreted
as constituting approval or disapproval by the Board nor shall they be interpreted
to limit the scope of any subsequent review or approval of a derivative plan.
Planning Board review of sketch plans is hereby found by the Planning Board
to be a Type II action under SEQR.
A.
Preliminary plans shall be clearly identified on the
plans as being preliminary. A minimum 10 copies of the preliminary plan shall
be submitted to the Planning Board as well as such additional copies as necessary
to notify any involved agencies under SEQR. When the proposed subdivision
involves land lying within the area to be referred to the Ontario County Planning
Board for review under § 239-n of the General Municipal Law, as
amended, then 12 copies of the preliminary plan shall be submitted to the
Planning Board as well as such additional copies as necessary to notify any
involved agencies under SEQR.
B.
Fees. See the Town Board's current Fee Schedule.
C.
Within 62 days of receipt of a complete application for
preliminary plat approval by the Clerk of the Planning Board, the Planning
Board shall hold a public hearing as required by Town Law § 276,
as amended. An application for preliminary plan approval shall not be considered
complete until the Planning Board has made a SEQRA determination of nonsignificance
or, alternatively, should the Board determine that the action may have a significant
effect on the environment, the application shall not be deemed to be complete
until the Board has accepted and filed an environmental impact statement.
The time period for review of a preliminary plat shall begin upon filing of
such negative declaration or such notice of completion.
D.
Within 62 days after the closing of the required public
hearing, the Planning Board shall by resolution approve, with or without modification,
or disapprove the preliminary plan. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the record of the Planning
Board. Within five business days of the adoption of the resolution granting
approval or disapproval of such a preliminary plat, it shall be certified
by the Clerk of the Planning Board as having been granted or denied preliminary
approval and a copy of such resolution shall be filed in the office of the
Town Clerk. A copy of the resolution approving or disapproving the plat shall
be included in the Planning Board's minutes and a copy mailed to the subdivider.
In addition, within five business days of the adoption of the resolution granting
approval of such preliminary plat, such plat shall be certified by the Clerk
of the Planning Board as having been granted preliminary approval and a copy
of the plat and resolution shall be filed in the Development Department Office.
E.
Approval of the preliminary plan shall constitute Planning
Board approval of the character and intensity of the development, the general
layout of the subdivision, the dimensions and location of streets and lots,
and the provision for and approximate location of utilities and other community
facilities, as each is proposed, but subject to those modifications, if any,
stipulated by the Board in its approval.
F.
In the event the Planning Board fails to take action
on a final plat within the time prescribed therefor by Town Law § 276,
as amended, the plat shall be deemed approved and a certificate of the Town
Clerk as to the date of submission and the failure to take action within such
a prescribed time shall be issued on demand and shall be sufficient in lieu
of written endorsement or other evidence of approval herein required.
G.
Within six months of the approval of a preliminary plat
the owner must submit the plat in final form. If the final plat is not submitted
within six months, the Planning Board may revoke approval of the preliminary
plat.
H.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP), consistent with the requirements of Article IX of the Zoning Law of the Town of Farmington and § 144-13 of this chapter, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article IX of the Zoning Law of the Town of Farmington. The approved preliminary subdivision plat shall be consistent with the provisions of Article IX of the Zoning Law of the Town of Farmington and § 144-13 of this chapter.
[Added 10-9-2007 by L.L. No. 6-2007]
A.
The preliminary subdivision plan shall show or be accompanied
by the following information:
(1)
Proposed subdivision name or identifying title;
(2)
Date, North point and scale. The plan shall be at a scale
of no more than 100 feet to the inch;
(3)
Name of the owner of the property;
(4)
Name of the engineer, surveyor, or architect responsible
for the plan;
(5)
Tract boundaries with bearings and distances;
(6)
Contours at vertical intervals of 20 feet as determined
from a topographic survey or a topographic survey map of the US Geological
Survey. In the case of steep or unusual tracts, the Planning Board may require
contours at such lesser intervals as it finds necessary for study and planning
of the tract;
(7)
Delineation of any land exceeding a slope of 10%, land within a NYSDEC Freshwater Wetland, land within a FEMA Special Flood Hazard Zone or lands otherwise designated by Chapter 165, Zoning, as being within an Environmental Protection Overlay District;
(8)
Delineation of limits of any land to be disturbed in
any manner including areas to be cut, filled, excavated, or graded and contours,
both existing and proposed, at vertical intervals of no more than five feet
for areas within such limits;
(9)
Location and description of all swales, ponds, basins,
fences, dikes or other devices required to control soil erosion and sedimentation
or otherwise comply with the provisions of the Town Soil Erosion and Sedimentation
Control Law contained elsewhere in the Town Code;
(10)
Datum to which contour elevations refer. Where reasonably
practicable, datum shall refer to USGS established elevations;
(11)
All existing watercourses, tree masses and other significant
natural features;
(12)
All existing buildings, sewers, water mains, culverts,
petroleum or petroleum product lines, fire hydrants and other significant
man-made features and utilities;
(13)
All existing streets on or adjacent to the tract, including
names, right-of-way widths and pavement widths; the Planning Board shall have
the right to name new streets in accordance with historic characteristics
of the community and in accordance with the Ontario County 911 Emergency Communications
Local Law;
(14)
All existing property lines, easements and rights-of-way
and the purpose for which the easements or rights-of-way have been established;
(15)
Location and width of all proposed streets, alleys, rights-of-way,
easements, and proposed lot lines;
(16)
Location and dimensions of all playgrounds, public buildings,
public areas and other parcels of land proposed to be dedicated to or reserved
for public use;
(17)
Location and widths of all proposed driveway intersections
with streets and sight distances therefrom. Suitable means of access must
be shown for each lot unless such lot is to be annexed to an existing parcel.
Subsequent driveway locations shall be completed in such a manner as to comply
with sight distance standards as promulgated by AASHTO and/or ITE;
(18)
Estimated location, size and invert elevations of all
proposed sanitary and storm sewers and location of all manholes, inlets and
culverts;
(19)
Estimated location and size of all proposed water mains,
laterals, hydrants, meters and valves;
(20)
Where required by New York State Department of Health
regulations, the proposed locations, sizes, and design of individual septic
tanks and associated leach fields. Regardless of such regulations the locations
and results of tests conducted to determine soil percolation capabilities
and deep soil profiles must be provided. At least one potential septic disposal
site must be tested for each individual lot unless such lot is to be annexed
to an existing parcel or unless public sanitary sewer is to be provided;
(21)
Wherever practicable, the names of owners of all abutting
unplotted land and the names of all abutting subdivisions;
(22)
Where the preliminary plan covers only a part of the
subdivider's entire holdings, a separate sketch shall be submitted of the
prospective street lot and utility layout for the remainder of the land including
an estimated time schedule for phasing of the entire project;
(23)
Copies of proposed deed restrictions, if any, shall be
attached to the preliminary plan;
(24)
Current zoning of the land including all setback dimensions
for said zoning district;
(25)
A completed agricultural data statement form identifying
whether the site lies within an area which is further regulated under § 283-a
of Town Law, as amended;
(26)
Anticipated time schedule for completing development
of the site; and
(27)
Special information on conditions identified by the Planning
Board at sketch plan review.
A.
Within six months of the approval of the preliminary
plan, whether with or without modification, the owner must submit the plan
in final form. If such plan is not so submitted, approval of the preliminary
plan is subject to revocation by the Planning Board.
B.
The final plan shall conform in all respects with the
preliminary plan previously approved by the Planning Board except that such
plan shall incorporate all modifications and revisions specified by the Planning
Board in its preliminary plan approval. A plan not so conforming shall be
considered to be a submission of a new preliminary plan the subject of a review
for preliminary approval by the Planning Board.
C.
Within 62 days of submission of the final plat to the
Planning Board and other required material as described herein which is in
substantial agreement with a preliminary plat approved pursuant to these provisions,
the Planning Board shall by resolution conditionally approve with or without
modifications, disapprove, or grant final approval and authorize the signing
of such plat.
D.
If the final plat is not in substantial agreement with
approved preliminary plats, or when no preliminary plat is required to be
submitted and a final plat clearly is marked "final plat," the provisions
of § 276, Subdivision 6(d)(i) or (ii), of New York State Town Law,
as amended, shall be complied with.
E.
The final plan shall be clearly identified on the plan as being final and shall comply fully with the requirements of this section and those of § 144-14. An application for final plat approval shall not be deemed to be complete if the requirements of this section and those of § 144-14 have not been satisfied.
F.
A minimum 10 copies of the final plan with supporting
data shall be submitted to the Planning Board by the subdivider.
G.
Upon the Planning Board's adoption of a resolution approving
a final plan, the Chairman of the Planning Board shall sign the plan, subject
to completion of such requirements as may be stated in the resolution if the
approval is conditional. Within five days of such resolution, the plan shall
be certified by the Clerk of the Planning Board as approved or as conditionally
approved, a copy of the resolution filed with the Town Clerk and a certified
copy mailed to the subdivider, including a certified statement of such requirements
which, when completed, will authorize signing of a conditionally approved
final plan. Upon completion of such requirements, if any, the Chairman of
the Planning Board shall sign the plan. Approval of a final plan by a resolution
of the Board shall expire within 180 days after the date of the resolution
granting approval if it has not been submitted for signature. The Planning
Board may extend the time in which an approved plan in final form must be
submitted for signature if, in its opinion, such extension is warranted by
the particular circumstances thereof, but for no longer than two additional
periods of 90 days each.
H.
The signature of the Planning Board Chairman pursuant
to a resolution of the Planning Board approving the final plan or conditionally
approving the final plan shall constitute final approval.
I.
Within 62 days after final approval, the subdivider must
file for recording a copy of the final plan bearing the final approval of
the Board. If the final plan is not recorded within such period, the Planning
Board's approval shall expire and become null and void.
J.
The copy of the final plan filed for recording in the
office of the County Clerk shall be a clear and legible print in accordance
with the requirements of that office.
K.
Stormwater pollution prevention plan. A stormwater pollution prevention plan, consistent with the requirements of Article IX of the Zoning Law of the Town of Farmington and § 144-13 of this chapter, and the terms of preliminary plan approval, shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article IX of the Zoning Law of the Town of Farmington. The approved final subdivision plat shall be consistent with the provisions of Article IX of the Zoning Law of the Town of Farmington and § 144-13 of this chapter.
[Added 10-9-2007 by L.L. No. 6-2007]
A.
Plan size and legibility.
(1)
The subdivision plan submitted for final approval stamp
and/or signature of various agencies as listed in the Planning Board's resolution
granting final approval shall be a clear, legible print on linen.
(2)
Final plans shall be on sheets no smaller than 8 1/2
inches by 11 inches nor larger than 34 inches by 44 inches overall. Where
necessary, final plans may be drawn in two or more sections accompanied by
a key diagram showing relative location of the sections.
B.
Plan scale and required information.
(1)
The final plan shall be at a scale of not more than 100
feet to the inch and, in addition to information required on the preliminary
plan, shall include the following information:
(a)
Subdivision name or identifying title;
(b)
Name and seal of the registered professional engineer
or surveyor responsible for the plan;
(c)
Sufficient data to determine readily the location, bearing
and length of every street, easement, lot and boundary line and to reproduce
such lines on the ground including:
(d)
The proposed building setback line for each street;
(e)
Width and location of all private driveways;
(f)
Location, size and invert elevation of all sanitary and
storm sewers, and location of all manholes, inlets and culverts;
(g)
Location and size of all water main and laterals and
associated appurtenances;
(h)
Lot numbers and area of each lot in square feet;
(i)
Proposed names of streets within the subdivision;
(j)
Permanent reference monuments shall be shown as required
by any proper authority;
(k)
Other improvements or modifications required by the Planning
Board in the resolution granting preliminary approval.
(l)
Dimensions shall all be shown in feet and in hundredths
of a foot.
(2)
The final plans shall also show thereon or be accompanied
by:
(a)
An affidavit that the applicant or applicant's principal
is the owner or equitable owner of the land proposed to be subdivided;
(b)
A statement duly acknowledged before an officer authorized
to take acknowledgment of deeds and signed by the owner or owners of the property,
to the effect that the subdivision as shown on the final plan is made with
his or their free consent and that it is desired to record the same;
(c)
Complete design specifications when water systems or
individual sewage disposal systems are to be installed. Final approval, as
indicated by the Planning Board Chairman's signature of the final plan, shall
not be given until such time as the State Department of Health and/or Department
of Environmental Conservation have granted such approvals as are required
by law;
(d)
Written verification by the Director of Development that the subdivider has met the requirements of § 144-30 of this chapter;
(e)
Typical cross-sections, street profiles and drainage
details for all streets. Such profiles shall at least show the following:
existing grade along the proposed street center line; existing grade along
each side of the proposed street right-of-way; proposed finished center-line
grade or proposed finished grad at top of curbs; sanitary sewer mains and
manholes; and storm sewer mains, inlets, manholes and culverts;
(f)
Protective covenants, if any, in a form acceptable for
recording; and
(g)
The subdivider shall tender offers of cession, in a form
certified as satisfactory by the Town Attorney, of all land included in streets,
highways or parks not specifically reserved by him. Although such tender may
be irrevocable, approval of the plan by the Planning Board shall not constitute
an acceptance by the Town of the dedication or gift of any street, highway
or park or other open public areas. A dedication or gift of any such improvements
may only be accepted by resolution of the Town Board.
(h)
Location and widths of all proposed driveway intersections
with streets and sight distances therefrom. Suitable means of access must
be shown for each lot unless such lot is to be annexed to an existing parcel.
Subsequent driveway locations shall be completed in such a manner as to comply
with sight distance standards as promulgated by AASHTO and/or ITE.
