Village of Phoenix, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 11-15-1994 by L.L. No. 6-1994 (Ch. 46 of the 1993 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 98.
Flood damage prevention — See Ch. 102.
Sewers — See Ch. 149.
Site plan review — See Ch. 153.
Streets and sidewalks — See Ch. 165.
Water — See Ch. 196.
Zoning — See Ch. 205.
This chapter provides the rules and regulations for the approval of subdivisions within the Village of Phoenix by the Planning Board in accordance with Article 7 of the Village Law of the State of New York.
When used in this chapter, the following terms shall have the respective meanings set forth herein, except where the context shows otherwise:
BOARD OF APPEALS
The Board of Appeals of the Village of Phoenix.
BOARD OF TRUSTEES
The Board of Trustees of the Village of Phoenix.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Village of Phoenix.
CONDITIONAL APPROVAL OF FINAL PLAT
Approval by the Planning Board of a final plat subject to conditions set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by the Chairperson of the Planning Board and recording of the plat in the Oswego County Clerk's office.
FINAL PLAT
A drawing prepared in a manner prescribed by § 169-5.
FINAL PLAT APPROVAL
The signing of the plat in final form by the Chairperson of the Planning Board pursuant to a Planning Board resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the Oswego County Clerk's office.
MAJOR SUBDIVISION
The division of any parcel of land into three or more lots, blocks or sites.
MINOR SUBDIVISION
The division of any parcel of land into fewer than three lots, blocks or sites.
OWNER
The person, corporation or partnership holding title to the parcel of land being subdivided or the developer having a contract or agreement to develop the parcel of land being subdivided.
PLANNING BOARD
The Planning Board of the Village of Phoenix.
PRELIMINARY PLAT
A drawing prepared in a manner prescribed by § 169-4.
PRELIMINARY PLAT APPROVAL
The approval of the layout of a proposed subdivision as set forth in a preliminary plat but subject to the approval of the plat in final form in accordance with the provisions of this chapter.
SKETCH PLAN
A drawing prepared in a manner prescribed by § 169-4.
SUBDIVISION
The division of any parcel of land into a number of lots, blocks or sites, with or without streets or highways, for the purpose of sale, transfer of ownership or development. The term "subdivision" shall include any alteration of lot lines or dimensions of any lots or sites shown on a plat previously approved and filed in the Oswego County Clerk's office.
UNDEVELOPED
Those plats where 20% or more of the lots within the plat are unimproved, unless existing conditions, such as poor drainage, have prevented their development.
VILLAGE
The Village of Phoenix.
A. 
Application for approval of minor subdivision plats. The applicant for approval of a minor subdivision shall submit an application to the Code Enforcement Officer containing the following information and documents:
(1) 
A copy of the deed to the property to be subdivided.
(2) 
An original survey of the property, dated no more than six months before the date of the application, showing the existing property boundaries, the proposed subdivision, the existing location of all structures and the proposed location of all proposed structures.
(3) 
A fee established by resolution of the Board of Trustees.
B. 
Standards for approval of minor subdivisions. Compliance with the following standards will permit the Code Enforcement Officer to issue a permit for the minor subdivision:
(1) 
All proposed lots must front on an existing public street or highway;
(2) 
All proposed lots must have frontage on an existing public street or highway at least equal to the minimum lot width required by the zoning district in which the property is located;
(3) 
No proposed lot will be permitted where the buildable portion of the proposed lot lies behind an existing or proposed lot fronting on an existing public street or highway;
(4) 
No proposed lot may share a common driveway with any proposed lot or existing lot; and
(5) 
The property to be subdivided shall not have been subdivided pursuant to this section within the 10 years prior to the application for minor subdivision approval.
A. 
Sketch plan. Prior to submitting a preliminary plat, the applicant may submit a sketch plan to allow the Planning Board to overview the proposed subdivision and comment prior to the preparation of a preliminary plat. The sketch plan shall show the entire property to be subdivided with all phases of the proposed development and shall include the following:
(1) 
The existing boundary, contours and features, shown informally and not necessarily to exact scale.
(2) 
The general layout of the entire proposed subdivision.
(3) 
The proposed density, land use and access to and from the property and the adjacent lands.
(4) 
The proposed access to and development of public utilities and the areas to be served.
(5) 
Other information as may be requested by the Planning Board.
B. 
Consideration of sketch plan. The Planning Board will consider a submitted sketch plan at the first regularly scheduled monthly meeting of the Planning Board after its submission and offer any comments on the same at that time. Only one sketch plan will be considered for any proposed subdivision by the Planning Board before a preliminary plat must be submitted.
C. 
Standard format for all plats submitted. All plats, maps or drawings submitted shall be either 18 inches by 24 inches in size or 24 inches by 36 inches in size and include the following:
(1) 
A suitable border line placed with a margin of not less than 1/2 inch on all sides and one inch on the left side.
(2) 
The date, drawing scale (not less than 100 feet to one inch) and true North arrow.
(3) 
The proposed subdivision name or identifying title and the tract in which the subdivision is located.
(4) 
The name and address of the owner of record.
(5) 
The name, address and personal signature of the designer of the subdivision.
(6) 
A location plan.
D. 
Content of preliminary plat. The applicant shall include with the preliminary plat:
(1) 
A topographic map of the property at two-foot intervals, based upon the National Geodetic Vertical Datum of 1929.
(2) 
A preliminary grading plan of the property.
(3) 
Street profiles and street cross sections.
(4) 
A preliminary storm drainage plan and drainage report describing the proposed drainage plan.
(5) 
A deed description and map of survey of the property boundary, made and certified by a licensed land surveyor, to be a closed and balanced traversal and showing the location of existing property lines, easements, buildings, watercourses and other essential or significant features.
(6) 
A preliminary plat containing the following information:
(a) 
The names of all subdivisions and owners of record for acreage and/or lots immediately adjacent to the property.
(b) 
The locations and sizes of any existing sewers, water or gas mains, electric, cable and telephone lines and poles, culverts and drains on the property and adjacent thereto as appropriate.
(c) 
The proposed layout of water mains, sanitary sewers and appurtenances.
(d) 
The proposed storm sewers and storm detention facilities.
(e) 
The locations, names and widths of existing and proposed streets, highways, parks and other public open spaces for the entire property.
(f) 
The zoning designation for the property with zoning district boundaries affecting the property and any adjacent property.
(g) 
The proposed lot lines with dimensions on all lot lines and the location of the building setback lines.
(h) 
The proposed locations and types of sidewalks, streetlighting standards and street trees, including species.
E. 
Approval procedure. The Planning Board shall follow the procedures of Village Law § 7-728, Subdivision 5, to approve, approve with conditions or disapprove the preliminary plat.
[Amended 2-16-1999 by L.L. No. 1-1999[1]]
[1]
Editor's Note: Original § 46-4F, Approval of preliminary plat, which immediately followed this subsection, was deleted 2-16-1999 by L.L. No. 1-1999.
F. 
Filing of preliminary plat. Within five days of the approval of such preliminary plat it shall be certified by the Village Clerk and/or Treasurer as having been granted preliminary approval, a copy shall be filed in the Village Clerk's office and a certified copy shall be mailed to the owner.
G. 
Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat, the owner must submit the plat in final form. If the plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.
H. 
Default approval of preliminary plat. In the event that the Planning Board fails to take action on a preliminary plat within the time prescribed therefor, or such extended period established by the mutual consent of the owner and the Planning Board, such preliminary plat shall be deemed granted preliminary approval. The certificate of the Village Clerk and/or Treasurer as to the date of submission and the failure of the Planning Board to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
I. 
Public utilities.
(1) 
Plans and specifications. Following approval of the preliminary plat and prior to construction, construction plans and specifications for proposed public utilities shall be submitted to the Planning Board for approval. The plans shall consist of the following:
(a) 
A plan at a minimum scale of one inch to 50 feet showing all water mains, sanitary sewers and drainage facilities, including all special features, such as hydrants, valves, manholes, pipe class, stream crossings and appurtenances, and all proposed elevations of the same.
(b) 
A profile showing the sanitary and storm sewer manhole stationing, size of sewers and rim and sewer invert elevations at manholes, and the grade of all sewers between adjacent manholes must be shown on the profiles. All sanitary sewers shall be sufficiently deep to serve adjacent basements.
(c) 
Details of all sewer appurtenances, such as manholes, drop manholes, inspection chambers and any special appurtenances or structures, such as regulators, pumping stations, etc.
(d) 
Details of all catch basins, open channels, culverts, bridges, conduits, ditches and headwalls.
(2) 
Design standards and approvals. All design standards for water, sanitary sewers and drainage facilities shall be reviewed and approved by the Village Engineer and shall be subject to the following standards:
(a) 
All sanitary sewers shall be designed in accordance with the current Ten States Standards.
(b) 
All water facilities shall be designed in accordance with the current Ten States Standards.
(c) 
All drainage facilities shall meet the following criteria:
Drainage Facility
Design Storm
(in years)
Streetside swales
5
Driveway culverts
5
Street culverts
10
Yard swales
25
Channels
25
Flood routes
100
Detention basins
*
*Detention basins shall be designed to the approval of the Village Engineer, with release rates determined on a case-by-case basis dependent upon field conditions and with no increase in the rate of runoff downstream from frequently occurring storms being permitted as a general case.
(d) 
Erosion and sediment control shall be in general compliance with the current United States Department of Agriculture, Soil Conservation Service, Guidelines for Urban Erosion and Sediment Control.
(e) 
Street widths and pavement widths shall be designed to the approval of the Village Engineer.
(3) 
Inspection of public utilities. The Village Engineer shall inspect all public utilities as they are constructed, and the extent and sufficiency of such inspection shall be determined by the Village Engineer so as to provide the village with an acceptable product and result. The Village Engineer shall witness all leakage tests and disinfection of water facilities and shall certify as to the same, and the owner shall provide record drawings, approved by the Village Engineer, of the completed facilities.
(4) 
Offers of dedication or cession. All offers of dedication of public utilities installed by the owner, easements or public open spaces shall be subject to the approval of the Village Attorney.
A. 
Content of final plat. The final plat shall be submitted on one cloth print and six paper prints and shall contain, in addition to the requirements of § 169-4C, the following:
(1) 
The subdivision boundary, street lines, pedestrianways, lots, easements and areas dedicated to public use, if any.
(2) 
All property lines, including lot lines and curves, labeled with length, bearing and other information required to define their features, with dimensions shown in feet and decimals of a foot.
(3) 
Lots numbered in accordance with the direction of the Planning Board.
B. 
Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this chapter, the Planning Board shall, by resolution, 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 Village Clerk and/or Treasurer.
C. 
Approval procedure. The Planning Board shall follow the procedures of Village Law § 7-728, Subdivision 6, to approve, approve with conditions or disapprove the final subdivision plat.
[Amended 2-16-1999 by L.L. No. 1-1999]
D. 
Approval by default. In the event that the Planning Board fails to take action on a final plat within the time prescribed herein, or such extended period established by the mutual consent of the owner and the Planning Board, such final plat shall be deemed granted preliminary approval. The certificate of the Village Clerk and/or Treasurer as to the date of submission and the failure of the Planning Board to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
E. 
Conditional approval of final plats.
(1) 
Certification of plat. Upon resolution granting conditional approval of a final plat, the Planning Board shall empower the Chairperson of the Planning Board to sign the plat, subject to completion of any requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Village Clerk and/or Treasurer as conditionally approved and a copy filed in the Village Clerk and/or Treasurer's office. A copy of the resolution shall be mailed to the owner, which copy shall include a statement of such requirements which when completed will authorize the signing of the conditionally approved final plat.
(2) 
Duration of conditional approval. Upon completion of such requirements, the plat shall be signed by the Chairperson of the Planning Board. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting conditional approval unless such requirements have been certified as completed.
(3) 
Extension of time. Notwithstanding the provisions of Subsection E(2), the Planning Board may extend the time in which a conditionally approved plat in final form must be submitted for signature if, in its opinion, such extension is warranted by the particular circumstances thereof, which time shall not exceed two additional periods of 90 days each.
F. 
Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may, in its resolution granting conditional or final approval, state that such requirements as it deems necessary to ensure the orderly development of the plat shall be completed before said sections may be signed by the Chairperson of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.
G. 
Expiration of approval.
(1) 
The signature of the Chairperson of the Planning Board constituting final approval by the Planning Board of a plat as herein provided or the approval by the Planning Board of the development of a plat or plats already filed in the Oswego County Clerk's office, if such plats are entirely or partially undeveloped, or the certificate of the Village Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided shall expire within 62 days from the date of such approval or from the date such certificate is issued, unless within such sixty-two-day period such plat or a section thereof shall have been duly filed or recorded by the owner in the Oswego County Clerk's office.
(2) 
In the event that the owner shall file only a section of such approved plat in the Oswego County Clerk's office, the entire approved plat shall be filed within 30 days of the filing of such section with the Village Clerk and/or Treasurer. Such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed within three years of the filing of the subdivision plat or first section thereof.
A. 
The Planning Board shall require that:
(1) 
The land shown on the plat shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, drainage or other menace to neighboring properties or the public health, safety and welfare.
(2) 
The streets and highways shall be of sufficient width and suitable grade and be suitably located to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection and to provide access of fire-fighting equipment to buildings.
(3) 
Monuments shall be placed at all block corners, angle points, points of curvature in streets and points of tangency for horizontal curves and at such other intermediate points as shall be required by the Village Engineer and shall be of granite or concrete with an iron pin in the center, and the location thereof shall be shown on the map of such plat.
(4) 
All streets or other public places shown on such plats shall be suitably graded and paved; street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices (including necessary ducts and cables or other connecting facilities), sanitary sewers and storm drains shall be installed by the owner all in accordance with standards, specifications and procedures acceptable to the appropriate village departments or officers, or alternatively that security shall be furnished to the village as hereinafter provided in § 169-8.
(5) 
Where the proposed subdivision will be developed in sections consisting of only a portion of the developer's entire property holding, the proposed street system for the entire property holding shall be shown on the preliminary plat and approved by the Planning Board.
(6) 
Easements to service public areas and utilities shall not be less than 20 feet in width unless parallel and adjacent to a public street or open space.
(7) 
All lot corner markers shall be permanently located to the satisfaction of the Village Engineer and shall be at least 3/4 inches in diameter and at least 24 inches in length and installed in the ground to proposed finished grade.
B. 
Compliance with zoning regulations. The lots shown on such plat shall at least comply with the requirements of Chapter 205, Zoning, of the Code of the Village of Phoenix.
C. 
Preliminary drainage report. A preliminary drainage report in form and substance satisfactory to the Village Engineer and not otherwise inconsistent with the requirements of Chapter 164 shall be required for preliminary subdivision plat approval and minor subdivision plat approval.
[Added 4-17-2007 by L.L. No. 1-2007]
D. 
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 164 and with the terms of preliminary plan approval shall be implemented prior to any land development activity not exempted hereunder, and in any event, shall be operational or bonded (secured) prior to final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §§ 164-7 through 164-10. The approved final subdivision plat shall be consistent with the provisions of Chapter 164.
[Added 4-17-2007 by L.L. No. 1-2007]
A. 
Before the Planning Board may approve a subdivision plat containing residential units, such subdivision plat shall also show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes.
B. 
Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the village based on projected population growth to which the particular subdivision plat will contribute.
C. 
In the event that the Planning Board makes a finding pursuant to Subsection B that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Board of Trustees.
(1) 
In making such determination of suitability, the Planning Board shall assess the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood.
(2) 
Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the village exclusively for park, playground or other recreational purposes, including the acquisition of property.
[Amended 2-16-1999 by L.L. No. 1-1999]
D. 
In making such determination regarding parks, the Planning Board shall take into consideration the prospective character of the development, whether dense residence or open residence.
A. 
Furnishing of security. As an alternative to the installation of infrastructure and improvements, prior to Planning Board approval, security sufficient to cover the full cost of the same, as estimated by the Planning Board or the Village Engineer, shall be furnished to the village by the owner.
B. 
Security where plat approved in sections. In the event that the owner shall be authorized to file the approved plat in sections, approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the Oswego County Clerk's office or the furnishing of security covering the costs of such improvements. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the Oswego County Clerk's office and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.
C. 
Form of security. Any such security must be provided pursuant to a written security agreement with the village, approved by the Planning Board and also approved by the Village Attorney as to form, sufficiency and manner of execution, and shall be limited to:
(1) 
The deposit of funds in, or a certificate of deposit issued by, a bank or trust company located and authorized to do business in the State of New York;
(2) 
An irrevocable letter of credit from a bank located and authorized to do business in the State of New York;
(3) 
Obligations of the United States of America; or
(4) 
Any obligations fully guaranteed as to interest and principal by the United States of America having a market value at least equal to the full cost of such improvements.
D. 
If not delivered to the village, such security shall be held in a village account at a bank or trust company.
E. 
Term of security agreement. Any such security agreement shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years; provided, however, that the term of such security agreement may be extended by the Planning Board with the consent of the parties thereto. If the Planning Board shall decide at any time during the term of the security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security or that the required improvements have been installed as provided in this chapter or in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Planning Board, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.
F. 
Default of security agreement. In the event that any required improvements have not been installed as provided in this chapter within the term of such security agreement, the Planning Board may thereupon declare said security agreement to be in default and collect the sum remaining payable thereunder, and, upon the receipt of the proceeds thereof, the village shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision, but not exceeding in cost the amount of such proceeds.
G. 
Public utilities integrity security. For all improvements constructed by the owner which are to be dedicated to the village, including street construction, sanitary sewers, water mains, storm sewers and appurtenances, security to assure the integrity of the same shall be provided to the village in an amount and for a duration established by the Planning Board upon the recommendation of the Village Engineer and the Village Attorney.
Notwithstanding any provision of law to the contrary, where a plat contains one or more lots which do not comply with the provisions of Chapter 205, Zoning, of the Code of the Village of Phoenix, application may be made to the Board of Appeals for an area variance without the necessity of a decision or determination of the Code Enforcement Officer. In reviewing such application the Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.
A. 
The owner shall pay a fee established by resolution of the Board of Trustees at the time of application for preliminary subdivision approval.
B. 
The owner shall make an initial deposit with the village in the following amounts, payable upon application for preliminary subdivision approval:
(1) 
A basic deposit in an amount established by resolution of the Board of Trustees.
(2) 
A deposit where new roads are required in an additional amount established by resolution of the Board of Trustees.
(3) 
A deposit where an extension of the village water system is required in an additional amount established by resolution of the Board of Trustees.
(4) 
A deposit where an extension of the village sewer is required in an additional amount established by resolution of the Board of Trustees.
C. 
Said deposits shall be used by the village for the payment of fees of engineers, attorneys and other consultants or experts retained by the village in connection with the review of the application and all related submissions, the inspection of the subdivision and improvements therein and other consulting services rendered to the Planning Board in connection with the review process.
D. 
Additional deposits may be requested of and shall be paid by the owner, when and if required.
E. 
Initial and additional deposits shall be held in a separate account for each application and any balance remaining shall be refunded to the applicant after final approval of the last section of the subdivision or when the application is denied.
F. 
Failure to make deposits when due shall be grounds for denying the application.
G. 
Withdrawals from deposit accounts shall be made only after approval by the Planning Board and the Chairperson of the Planning Board or his or her designee of a statement for services rendered and voucher from the expert or consultant in accordance with usual village procedures. Such statements shall contain a brief description of services rendered, date of services, number of hours expended or other basis for the charge and the hourly rate, if applicable. Rates charged for services to be reimbursed from deposit accounts shall not exceed rates charged to the village for comparable contractual services in other matters. The owner shall be entitled, upon request and the payment of any applicable copying charge, to a copy of vouchers and statements reflecting charges reimbursed from the owner's deposit account and to a copy of the village's records reflecting the balance of the owner's deposit account.