Town of Pompey, NY Article II Procedures

§ 144-4 Establishment.

The following procedures are specified for the guidance of the subdivider. Since the development of land affects many aspects of community growth, the subdivider is advised to consult with officials concerned with engineering, health, assessments, schools, recreation and other public functions in addition to those designated in this chapter. The procedures are divided into five parts, as follows.

§ 144-5 Simple subdivision procedures.

[Added 5-1-2000 by L.L. No. 1-2000[1]]

A. Upon receipt of a request for a simple subdivision as defined in § 144-3 above, including a location survey plan map showing all buildings, easements, existing infrastructure, existing and proposed lot lines, as well as receipt of the fee therefor as specified by the Town Board, the Town Zoning Enforcement Officer shall review such request and approve the same, providing that the proposed simple subdivision plan map complies with all Town zoning and other laws, rules and regulations.

B. In the event that such subdivision plan map does not comply with all Town zoning and other laws, rules and regulations, the Zoning Enforcement Officer shall disapprove such request and advise of the nature of the defect.

C. Upon approval of a simple subdivision, the Zoning Enforcement Officer shall endorse said map, indicating his approval for filing in the County Clerk's office pursuant to the authority of this Code.

D. The applicant for simple subdivision approval shall provide such number and type of copies of the approved plan as the Zoning Enforcement Officer shall specify for the Town's records.

E. Notwithstanding the above, the Code Enforcement Officer may, in his sole discretion, refer any such request to the Planning Board for its advice and/or approval.

[1] Editor's Note: This local law provided that it shall supersede Town Law Article 16, particularly §§ 276, 277 and 278 thereof, to the extent that it is inconsistent therewith.

§ 144-6 Sketch plan procedure.

A. Prior to applying for approval of a preliminary plat, the subdivider shall submit to the Planning Board a sketch plan and data as specified in Article V.

B. The Planning Board shall designate a date for a conference with the subdivider, which date shall be within 30 days from the date of submission, notice of which shall be given not less than 10 days prior to such conference.

C. The subdivider and the Planning Board, or its designated representatives, shall discuss the property with respect to zoning requirements; existing private and public developments, facilities and services and those proposed by any Master Plan or contemplated by any public agency; and any special community or site problems that may be encountered of which the Planning Board has knowledge.

D. Possible changes or modifications in the sketch plan shall be discussed if the plan, as submitted, does not meet the objectives or standards of this chapter.

§ 144-7 Preliminary plat procedure.

A. The subdivider shall consult with the Onondaga County Department of Health if his proposed subdivision consists of five or more lots.

B. If the subdivision is to utilize a form of subsurface leaching for waste disposal, percolation tests shall be made before the subdivider proceeds to the preparation of the preliminary plat.

C. If the installation of a sewer system is involved, the subdivider shall consult with the County Public Works Department.

D. The subdivider shall submit to the Planning Board a preliminary plat, together with supplementary materials as specified in Article V.

E. Four copies of the preliminary plat and all required supplementary material, together with two copies of the application for tentative approval, shall be submitted.

F. The subdivider shall pay a fee in an amount as set from time to time by the Town Board to cover a portion of the cost of administration of this chapter.

[Amended 12-4-1995 by L.L. No. 5-1995]

G. A preliminary plat of a subdivision showing proposed new streets or building sites having frontage on or access to or otherwise directly related to any county road shown on the County Official Map (highways) shall be submitted by the Planning Board to the Onondaga County Department of Planning for review as provided by § 239-k of the General Municipal Law.[1]

[1] Editor's Note: Section 239-k of the General Municipal Law was repealed by L. 1997, c. 451, § 2, effective 7-1-1998. See now General Municipal Law § 239-f.

H. The Planning Board shall review the preliminary plat and other material submitted for conformity with this chapter and with preliminary agreements reached with the subdivider and for the type and extent of improvements.

I. Within 45 days from the date of submission of the preliminary plat, which period may be extended with the subdivider's consent, the Planning Board shall take action to conditionally approve, with or without modifications, or disapprove such preliminary plat, and the grounds for any modifications required or the grounds for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such forty-five-day period shall constitute a conditional approval of the preliminary plat.

J. For any subdivision or portion of a subdivision, the Planning Board will state, in writing, the character and extent of the public improvements required by statute for which waivers may have been requested by the subdivider and which in the opinion of the Planning Board may be waived without jeopardy to public health, safety, morals and general welfare or which are inappropriate because of inadequacy or lack of connecting facilities adjacent to or in proximity to the proposed subdivision.

K. Approval of a preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to be closely followed in the preparation of the final plat, which will be submitted by the subdivider to the Planning Board for approval and for recording upon fulfillment of the requirements of this chapter and the conditions of approval, if any.

L. Approval of the preliminary plat may not be revoked by the Planning Board unless a substantial change in the character of the area or the availability of new information about the site and its surroundings indicates the unsuitability of the development as shown on the preliminary plat. Before such revocation, the subdivider shall be informed, in writing, of the reasons therefor and shall be given an opportunity to be heard before the Planning Board.

M. Approval of a preliminary plat shall expire after six months from the date of approval. Extensions for periods of six months may be granted by the Planning Board upon application. Such applications for extensions shall be granted unless changed conditions or new information indicates the unsuitability of the development as shown on the preliminary plat.

N. Submission of preliminary plats. All plats shall be submitted to the Planning Board for the approval in final form. However, in the case of a major subdivision, the owner may submit a preliminary plat for consideration. Such a preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in this chapter. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 165, Zoning, Article VI, Stormwater Management and Erosion and Sediment Control, of the Town Code shall be required for preliminary plat approval. The SWPPP shall meet the performance and design criteria and standards of Chapter 165, Article VI, of the Town Code. The approval of preliminary subdivision plats shall be consistent with Local Law No. 2 of 2007.

[Added 2-5-2007 by L.L. No. 2-2007]

§ 144-8 Final plat procedure.

A. The final plat shall conform substantially to the preliminary plat, as approved, and, if desired by the subdivider, it may constitute only that section of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such section comprises at least 10% of the total number of lots shown on said preliminary plat.

B. Four cloth-backed copies of the final plat and all required supplementary material, as specified in Article V, together with two copies of the application for final approval, shall be submitted. This application, copies of the final plat and any supplementary material shall be received within six months of approval of the preliminary plat unless an extension of time is applied for and granted by the Planning Board.

C. At the time of filing the final plat, the subdivider shall also submit the following:

(1) A certificate as to adequacy of the proposed water supply and sewerage system by the Onondaga County Department of Health and the New York State Water Resources Commission, where applicable.

(2) A certificate by a licensed professional engineer that any required improvements constructed by the subdivider have been designed and inspected and meet the minimum standards in this chapter or as otherwise required by law.

(3) A performance bond, approved by the Planning Board and the Town Board as to form, sufficiency, manner of execution and surety, for the completion of such required improvements as have not been constructed.

(4) Offers of cession, in a form certified as satisfactory by the Town Attorney, of all land to be dedicated for streets, highways, easements, parks or other public facilities.

(5) A certified check, in the amount of 1% of the cost of the required improvements, as determined by the Town Engineer, to meet the costs of inspection of required improvements, unless the improvements are to be provided by special district.

(6) Drawings, certified by a licensed land surveyor, showing the location of all improvements as may have been constructed prior to final plat submission.

(7) A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 165, Zoning, Article VI, Stormwater Management and Erosion and Sediment Control, of the Town Code and with the terms of preliminary plat approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design standards contained in Chapter 165, Article VI, and in Local Law No. 2 of 2007. Final plat approval shall be consistent with said Chapter 165, Article VI, of the Town Code and said local law.

[Added 2-5-2007 by L.L. No. 2-2007]

D. A public hearing shall be held by the Planning Board within 30 days after the time of submission of a plat in final form for approval, which hearing shall be advertised in a newspaper of general circulation in such Town at least five days before such hearing. The applicant/subdivider, in turn, shall be responsible for notifying, by certified mail, all property owners of record within 1,000 feet of the boundary line of the property to which the application relates of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property tax records of the Town Assessor. At least seven days prior to such public hearing, the applicant shall file with the Planning Board an affidavit verifying that notice was properly mailed to nearby property owners. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.

[Amended 12-2-2013 by L.L. No. 6-2013]

E. The Planning Board, within 45 days from and after the time of the hearing for the final plat, shall approve, modify and approve or disapprove such plat. If the final plat is approved, the Planning Board shall make an appropriate notation to that effect on the face of the original drawing or on the cloth prints. Three copies will be retained by the Planning Board.

F. In the event that such hearing shall not be held or that such plat shall not have been disapproved after such hearing within the time prescribed therefor, such plat shall be deemed to have been approved, and the certificate of the Clerk of such Town as to the date of submission or hearing for the approval or disapproval of the plat, as the case may be, and the failure to take action thereon within such time shall be issued on demand and shall be sufficient in lieu of the written endorsement or other evidence of approval herein required. The grounds of refusal of any plat submitted shall be stated upon the records of such Planning Board.

G. The approval by the Planning Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval by such Board of the development of a plat or plats already on file in the office of the Clerk of the county in which such plat or plats are situated or the certificate of the Town as to the date of the submission for which no hearing was duly held or the date of the hearing for the approval or disapproval of such plat, as the case may be, and the failure of the Planning Board to take action thereon within the time prescribed shall expire 90 days from the date of such approval or of such certificate, unless within such ninety-day period such plat or a section thereof shall have been duly filed or recorded by the owner in the office of the County Clerk or duly filed or recorded by the owner in the office of the County Clerk or register. Prior to granting its approval, the Town Planning Board may permit the plat to be subdivided into two or more sections as it may deem necessary to assure the orderly development of the plat. Approval of the sections, subject to any conditions imposed by the Board, shall be granted concurrently with the approval of the plat. If the owner shall file only a section of an approved plat within such ninety-day period, 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 before the expiration of the exemption period to which such plat is entitled under the provision of Subdivision 2 of § 265-a of the Town Law. In the event that the owner shall file only a section of such approved plat in the office of the County Clerk or register, the entire approved plat shall be filed within 30 days of the filing of such section with the Town Clerk.

H. Within 30 days from the recording of the final plat or any approved section thereof, the owner shall file with the Planning Board a photostat copy of the plat certified by the County Clerk to be a true copy of the recorded plat.

I. In the event of disapproval, the grounds for such action shall be stated in the records of the Planning Board, and a copy of such decision shall be sent to the subdivider.

J. Drawings showing the location of all required improvements as built shall be certified by a licensed land surveyor or licensed engineer and filed with the Planning Board within 30 days prior to the acceptance of the improvements by the Town. Until such as-built plans are filed, no performance bond guaranteeing the completion of such improvements shall be released.

K. Performance bonds may be changed only under the provisions of § 277 of the Town Law.

§ 144-9 Procedure for modifying zoning requirements at time of plat approval.

A. When authorized by the Town Board through resolution, the Planning Board may, at the time of plat approval, modify applicable provisions of Chapter 165, Zoning. Such modifications shall be made only for land zoned for residential purposes and only for such areas of the Town as shall be specified by the Board in its resolution of authorization.

B. If the owner makes written application for the use of this procedure, it may be followed at the discretion of the Planning Board if, in its judgment, its application would benefit the Town.

C. The subdivider shall submit a proposed site plan showing areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways and all other physical features of the proposed development. The subdivider shall also submit a statement setting forth the nature of any requested zoning modifications, changes or supplementations as are not shown on the site plan.

D. The dwelling units permitted may be, at the discretion of the Planning Board and subject to any conditions set forth by the Town Board in its resolution, in detached, semidetached, attached or multistory structures.

E. In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes directly related to the plat, then the Planning Board, as a condition of plat approval, shall establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The Town Board may require that such conditions shall be approved for recording.

F. Before any such modification is made in the zoning regulations, there shall be a public hearing pursuant to § 144-8D of this chapter on the proposed site plan by the Planning Board as is required in § 278 of the Town Law.

[Amended 12-2-2013 by L.L. No. 6-2013]

G. On the recording of the plat in the office of the County Clerk, a copy shall be filed with the Town Clerk, who shall make appropriate notations and references thereto in Chapter 165, Zoning, or the Zoning Map.