Town of Kendall, NY
Orleans County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
A. 
The subdivider shall submit a sketch plan to the Town Clerk, for referral to the Planning Board. After review and classification by the Board, the subdivider shall submit a preliminary plan to the Town Clerk, for referral to the Secretary of the Planning Board. After such submission, a public hearing shall be held on the plan by the Planning Board. The purpose of the submission of these plans, and the public hearing, shall be for the convenience of the subdivider, and for the purpose of assisting the subdivider in meeting the requirements of these regulations at a minimum expense and cost, with maximum practical convenience. All final subdivision plans and applications, together with the required supporting data, shall be submitted to the Town Clerk, for referral to the Planning Board. The Planning Board, with the building official, shall then determine the conformity of the final plan with these regulations, and if the final plan is in substantial agreement with the approved preliminary plan, and shall thereupon approve, modify and approve, or disapprove such plan.
B. 
In accordance with General Municipal Law §§ 239-n and 239-nn, the Town will submit certain land use actions to the County Planning Board and/or neighboring municipalities for review, when necessary.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All plans, applications, and supporting data shall be submitted to the Town Clerk, for referral to the Planning Board, who with the building official, shall check their compliance with these regulations. The Planning Board shall then take any action required under these regulations. The official date of the submission shall in all cases be recorded as the next regular scheduled meeting date of the Planning Board, after receipt by the Town Clerk.
A. 
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, file with the Town Clerk, who will forward same to the secretary of the Planning Board, at least 10 days prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article VI, § 210-25, for the purpose of classification and preliminary discussion.
B. 
Discussion of requirements and classification.
(1) 
The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection, and similar aspects, as well as the availability of existing services and other pertinent information.
(2) 
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivison, the subdivider shall then comply with the procedure lined in Article III, § 210-8, of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 210-9 and 210-10.
C. 
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purpose of these regulations and shall, where it deems it necessary, make specific recommendation in writing to be incorporated by the applicant in the next submission to the Planning Board.
A. 
Applications and fee. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so within six months shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements in Article VI, § 210-28. All applications for plat approval for minor subdivisions shall be accompanied by a fee as set from time to time by resolution of the Town Board, payable to the Town of Kendall, at the Town Clerk's Office.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Number of copies. Five copies of the subdivision plan shall be presented to the Town Clerk, with the application and fee, to be forwarded to the Secretary of the Planning Board, at least 10 days prior to the scheduled meeting of the Planning Board.
C. 
Subdivider to attend Planning Board meeting. The subdivider, or his duly authorized representative shall attend the meeting of the Planning Board to discuss the subdivision plat.
D. 
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article VI, § 210-28, of this chapter, has been filed with the Town Clerk.
E. 
Public hearing. A public hearing shall be held by the Planning Board within 62 days from the time of the submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Action on subdivision plat. The Planning Board shall, within 62 days from the date of the public hearing, approve, and modify and approve or disapprove the subdivision plat. This time may be extended by mutual consent of the owner and the Planning Board.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Preliminary plats and supporting data shall comply with the provisions of Article VI, § 210-26, of this chapter.
B. 
Six copies of the preliminary plat shall be submitted to the Town Clerk, for referral to the Secretary of the Planning Board, by the subdivider.
C. 
A fee to defray the cost of subdivision review shall be paid (to the order of the Town of Kendall) at filing of the preliminary plats in an amount as set from time to time by resolution of the Town Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Upon the official submission of a preliminary plat for consideration at a regular meeting, the Board shall give notice that a public hearing will be held upon such plat. Public notice of the hearing shall be advertised in a newspaper of general circulation in the Town, at least five days before such hearing. The public hearing on the preliminary plat must be held within 62 days after submission.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Within 62 days from the date of the hearing, the Planning Board may either approve (with or without modifications) or disapprove the preliminary plat. The time within which the Planning Board must act on the preliminary plat may be extended by mutual consent of the owner and the Planning Board.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Final plat with supporting data shall be submitted to the Town Clerk, for referral to the Secretary of the Planning Board, for final approval within six months after conditional approval of the preliminary plat; provided, that an extension of time may be granted by the Board upon written request. The final plat shall be accompanied by a fee per lot, payable to the Town of Kendall, in such amount as shall be set from time to time by resolution of the Town Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
After six months, the plat submitted shall be considered as a new preliminary plat.
C. 
The final plat shall conform in all-important respects with the preliminary plat as previously reviewed by the Board and shall incorporate all modifications and revisions specified by the Board in its conditional approval of the preliminary plat. Otherwise, the plat shall be considered as a revised preliminary plat.
D. 
The Board may permit submission of the final plat in sections, each covering a portion of the entire proposed subdivision as shown on the preliminary plat.
E. 
Upon the official submission of a final plat for consideration at a regular meeting, the Board shall give notice that a public hearing will be held upon such plat. Public notice of the hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing. The public hearing on the final plat must be held within 62 days after submission. This Public Hearing may be waived, if the Planning Board deems the final plat to be in "substantial agreement" with an approved preliminary plat.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Six copies of the final plat with supporting data shall be submitted to the Board by the subdivider.
G. 
Within 62 days of the Public Hearing, the Board shall notify the subdivider, in writing, of its approval or disapproval. If the Public Hearing is waived, the Planning Board's action must be taken within 62 days of receipt of the final plat. If approval or refusal to approve does not take place within this period, such plat shall be deemed to have been approved. If approval is refused, the grounds of refusal shall be stated in the Board's records with a copy to the subdivider. The approval endorsement of the Planning Board shall state that the plat is not in conflict with the County Official Map, if one exists, and in cases where plats do not front on or have access to, or are otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved as specified by § 239-f of the General Municipal Law.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
The Planning Board, in acting on a final plat, may make a conditional approval. This approval does not entitle the owner to immediately file the plat with the County Clerk, but is instead an approval subject to conditions set forth by the Planning Board. Upon satisfaction of these, the plat must be signed by an official of the Planning Board before it may be filed. The owner shall have 180 days to meet the conditions, and the Planning Board may extend this time by not more than two additional periods of 90 days each.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
Within 62 days after final approval, the subdivider shall file for recording a copy of the final plat, or sections thereof, bearing the approval of the Board (signature of Board Chairman). If the final plat is not recorded within such period, the Board's approval shall expire and become null and void.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
Within 10 days after final approval, the County Planning Board will be notified in writing and supplied with three copies of the final plan.
K. 
The copy of the final plat filed for recording in the office of the County Clerk shall be a clear and legible white print on linen, in accordance with the requirements of said office.