The purpose of this article is to establish the procedure for
review and action on applications for subdivision approval in the
Village of Liverpool. The procedure is intended to provide orderly
and expeditious processing of such applications.
Minor subdivisions shall be processed in the following steps:
Major subdivisions shall be processed in the following steps:
B.
Application for preliminary plat approval.
C.
Village Engineer review.
D.
Planning Board review and environmental review.
E.
Public hearing. (Some steps may be concurrent.)
F.
Planning Board action on preliminary plat.
G.
Application for final plat approval.
H.
Planning Board review.
I.
Public hearing (optional).
J.
Planning Board action on final plat.
A.
For the purpose of expediting applications and reducing design and
development costs, the applicant may request a sketch plan conference
with the Planning Board and other appropriate municipal representatives
for the purpose of reviewing a sketch plan of the proposed plat.
B.
The applicant shall submit at least four copies of a sketch plan
to the Code Enforcement Officer, who shall review such sketch plan
for a preliminary determination of completeness and inform the applicant
if the sketch plan appears to be complete. If the Code Enforcement
Officer determines the sketch plan appears to be complete he shall
notify the applicant of the time, date and the place that the Planning
Board will meet to consider and review such sketch plan as it relates
to the Comprehensive Plan, design standards and improvement requirements.
C.
This meeting is intended to assist the applicant in the planning
and preparation of the preliminary or final plat. The plan will be
classified as a minor or major subdivision by the Planning Board as
defined by this chapter. Subdivisions classified as minor may proceed
directly to preparation of a final plat without submission and approval
of a preliminary plat.
D.
Applicants seeking a sketch plan conference shall submit the information as stipulated in Article IV, § 334-25, of this chapter at least two weeks prior to the date of the scheduled conference. This step does not require formal application, fee or filing with the Planning Board. The applicant shall not be bound by the determination of this conference, nor shall the Planning Board be bound by any such review. Subdividers of land adjoining state or county highways are advised to consult with the District Engineer of the New York State Department of Transportation or the County Department of Transportation at the sketch plan stage in order to resolve problems of highway access or stormwater drainage at the earliest possible stage in the design phase.
E.
Where public utilities are involved, contact with appropriate agencies
for connection, specifications, capacities and other requirements
should be made.
The New York State Department of Health, Onondaga County Highway
Department, Onondaga County Planning Board, Onondaga County Department
of Health and New York State Department of Environmental Conservation
approval may be required for any subdivision containing five or more
lots. Early contact by the applicant with these departments is advised.
A subdivision application shall be considered complete for purposes of commencing the applicable time period for action when certified as complete by the Planning Board. In the event that such certification is not made within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information specified in Article IV of this chapter and the information lacking is provided, in writing, to the applicant by the Clerk of the Planning Board, the Village Engineer, or the Code Enforcement Officer. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the law, as is reasonably necessary to make an informed decision. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents.
A.
All major subdivisions shall be subject to the preliminary plat requirements of this chapter. The applicant shall file an application for approval of the preliminary plat on forms available from the Code Enforcement Officer accompanied by all documents specified in Article IV of this chapter. Such application shall be filed at least 10 business days prior to the meeting at which it is to be considered. Such a preliminary plat shall be clearly marked "preliminary plat."
B.
Coordination with the State Environmental Quality Review Act. The
Planning Board shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the New York State Environmental
Conservation Law and its implementing regulations.
C.
Receipt of a complete preliminary plat. A preliminary plat shall
not be considered complete until a negative declaration has been filed
or until a notice of completion of the draft environmental impact
statement has been filed in accordance with the provisions of the
State Environmental Quality Review Act. The time periods for review
of a preliminary plat shall begin upon filing of such negative declaration
or such notice of completion.
D.
Planning Board as lead agency under the State Environmental Quality
Review Act; public hearing; notice; decision.
(1)
Public hearing on preliminary plats. The time within which the Planning
Board shall hold a public hearing on the preliminary plat shall be
coordinated with any hearings the Planning Board may schedule pursuant
to the State Environmental Quality Review Act, as follows:
(a)
If the Planning Board determines that the preparation of an
environmental impact statement on the preliminary plat is not required,
the public hearing on such plat shall be held within 62 days after
the receipt of a complete preliminary plat by the Village Clerk; or
(b)
If the Planning Board determines that an environmental impact
statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, the public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
(2)
Public hearing; notice, length. The hearing on the preliminary plat
shall be advertised at least once in a newspaper having general circulation
in the Village at least five days before such hearing if no hearing
is held on the draft environmental impact statement, or 14 days before
a hearing held jointly therewith. The Planning Board may provide that
the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such preliminary plat.
The hearing on the preliminary plat shall be closed upon motion of
the Planning Board within 120 days after it has been opened.
(3)
Decision. The Planning Board shall approve, with or without modification,
or disapprove such preliminary plat as follows:
(a)
If the Planning Board determines that the preparation of an
environmental impact statement on the preliminary plat is not required,
the Planning Board shall make its decision within 62 days after the
close of the public hearing; or
(b)
If the Planning Board determines that an environmental impact
statement is required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing in
accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the preliminary plat. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary
plat.
(4)
Grounds for decision. The grounds for a modification, if any, or
the grounds for disapproval shall be stated upon the records of the
Planning Board. When so approving a preliminary plat, the Planning
Board shall state, in writing, any modifications it deems necessary
for submission of the plat in final form.
E.
Planning Board not as lead agency under the State Environmental Quality
Review Act; public hearing; notice; decision.
(1)
Public hearing on preliminary plats. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the preliminary
plat jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement, or if no public hearing
is held on the draft environmental impact statement, the Planning
Board shall hold the public hearing on the preliminary plat within
62 days after the receipt of a complete preliminary plat by the Village
Clerk.
(2)
Public hearing; notice; length. The hearing on the preliminary plat
shall be advertised at least once in a newspaper of general circulation
in the Village at least five days before such hearing if held independently
of the hearing on the draft environmental impact statement, or 14
days before a hearing held jointly therewith. The Planning Board may
provide that the hearing be further advertised in such a manner as
it deems most appropriate for full public consideration of such preliminary
plat. The hearing on the preliminary plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
(3)
Decision. The Planning Board shall, by resolution, approve, with
or without modification, or disapprove the preliminary plat as follows:
(a)
If the preparation of an environmental impact statement on the
preliminary plat is not required, the Planning Board shall make its
decision within 62 days after the close of the public hearing on the
preliminary plat.
(b)
If an environmental impact statement is required, the Planning
Board shall make its own findings and its decision on the preliminary
plat within 62 days after the close of the public hearing on such
preliminary plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer.
(4)
Grounds for decision. The grounds for a modification, if any, or
the grounds for disapproval shall be stated upon the records of the
Planning Board. When so approving a preliminary plat, the Planning
Board shall state, in writing, any modifications it deems necessary
for submission of the plat in final form.
F.
Certification and filing of preliminary plat. Within five business
days of the adoption of the resolution granting approval of such preliminary
plat, such plat shall be certified by the Village Clerk as having
been granted preliminary approval, and a copy of the plat and resolution
shall be filed in the Village Clerk's office. A copy of the resolution
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 final plat is not submitted within six months,
approval of the preliminary plat may be revoked.
A.
Submission of final plats. Final plats shall conform to the definition in Article II of this chapter. Final plats may require further review under the State Environmental Quality Review Act.
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 article, 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.
C.
Final plats when no preliminary plat is required to be submitted;
receipt of complete final plat. When no preliminary plat is required
to be submitted, a final plat shall not be considered complete until
a negative declaration has been filed or until a notice of completion
of the draft environmental impact statement has been filed in accordance
with the provisions of the State Environmental Quality Review Act.
The time periods for review of such plat shall begin upon filing of
such negative declaration or such notice of completion.
D.
Final plats not in substantial agreement with approved preliminary plats or when no preliminary plat is required to be submitted. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this article, or when no preliminary plat is required to be submitted and a final plat clearly marked "final plat" is submitted conforming to the definition in Article II herein, the following shall apply:
(1)
Planning Board as lead agency; public hearing; notice; decision.
(a)
Public hearing on final plats. The time within which the Planning
Board shall hold a public hearing on such final plat shall be coordinated
with any hearings the Planning Board may schedule pursuant to the
State Environmental Quality Review Act, as follows:
[1]
If the Planning Board determines that the preparation of an
environmental impact statement is not required, the public hearing
on a final plat not in substantial agreement with a preliminary plat,
or on a final plat when no preliminary plat is required to be submitted,
shall be held within 62 days after the receipt of a complete final
plat by the Village Clerk; or
[2]
If the Planning Board determines that an environmental impact
statement is required and a public hearing on the draft environmental
impact statement is held, the public hearing on the final plat and
the draft environmental impact statement shall be held jointly within
62 days after the filing of the notice of completion of such draft
environmental impact statement in accordance with the provisions of
the State Environmental Quality Review Act. If no public hearing is
held on the draft environmental impact statement, the public hearing
on the final plat shall be held within 62 days following filing of
the notice of completion.
(b)
Public hearing; notice, length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the Village at least five days before such hearing if no hearing
is held on the draft environmental impact statement or 14 days before
a hearing held jointly therewith. The Planning Board may provide that
the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such final plat. The
hearing on the final plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall make its decision on the
final plat as follows:
[1]
If the Planning Board determines that the preparation of an
environmental impact statement on the final plat is not required,
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 after the date of the public
hearing; or
[2]
If the Planning Board determines that an environmental impact
statement is required and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing in
accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the final plat. Within 30 days of the filing of the final environmental
impact statement, the Planning Board shall issue findings on such
final environmental impact statement and shall, by resolution, conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of such plat.
(d)
Grounds for decision. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Planning Board.
(2)
Planning Board not as lead agency; public hearing; notice; decision.
(a)
Public hearing. The Planning Board shall, with the agreement
of the lead agency, hold the public hearing on the final plat jointly
with the lead agency's hearing on the draft environmental impact
statement. Failing such agreement, or if no public hearing is held
on the draft environmental impact statement, the Planning Board shall
hold the public hearing on the final plat within 62 days after the
receipt of a complete final plat by the Village Clerk.
(b)
Public hearing; notice, length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the Village at least five days before such hearing if held independently
of the hearing on the draft environmental impact statement, or 14
days before a hearing held jointly therewith. The Planning Board may
provide that the hearing be further advertised in such manner as it
deems most appropriate for full public consideration of such final
plat. The hearing on the final plat shall be closed upon motion of
the Planning Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall, by resolution, conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of such plat as follows:
[1]
If the preparation of an environmental impact statement on the
final plat is not required, the Planning Board shall make its decision
within 62 days after the close of the public hearing on such final
plat.
[2]
If an environmental impact statement is required, the Planning
Board shall make its own findings and its decision on the final plat
within 62 days after the close of the public hearing on such final
plat or within 30 days after the close of the public hearing on such
final plat or within 30 days of the adoption of findings by the lead
agency, whichever period is longer. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
A.
Certification of plat. Within five business days of the adoption
of the resolution granting conditional or final approval of the final
plat, the plat shall be certified by the Village Clerk as having been
granted conditional or final approval, and a copy of the resolution
and plat shall be filed in the office of the Village Clerk. A copy
of the resolution shall be mailed to the applicant. In the case of
a conditionally approved plat, the resolution shall include a statement
of the requirements which, when completed, will authorize the signing
thereof. Upon completion of such requirements, the plat shall be signed
by a duly authorized Village official, and a copy of the signed plat
shall be filed in the office of the Village Clerk. Conditional approval
of a final plat shall expire 180 days after the date of the resolution
granting conditional approval unless all requirements stated in such
resolution have been certified as completed. The Planning Board may,
however, extend the expiration time not to exceed two additional periods
of 90 days each.
B.
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 such requirements
as it deems necessary to ensure that the orderly development of the
plat be completed before said sections may be signed by the duly authorized
Village official. 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.
The time periods prescribed herein within which the Planning
Board must take action on a preliminary plat or a final plat are specifically
intended to provide the Planning Board and the public adequate time
for review and to minimize delays in the processing of subdivision
applications. Such periods may be extended only by mutual consent
of the applicant and the Planning Board. In the event that the Planning
Board fails to take action on a preliminary plat or a final plat within
the time prescribed therefor after completion of all requirements
under the State Environmental Quality Review Act or within such extended
period as may have been established by the mutual consent of the applicant
and the Planning Board, such preliminary or final plat shall be deemed
granted approval. The certificate of the Village Clerk as to the date
of submission of the preliminary or final plat and the failure of
the Planning Board to take action within the prescribed time shall
be issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval herein required.
Within five business days from the date of the adoption of the
resolution approving the final plat, the Chairman of the Planning
Board or other duly authorized Village official shall cause a copy
of such resolution to be filed in the office of the Village Clerk.
When the County Planning Board has been authorized to review
subdivision plats pursuant to § 239-n of the General Municipal
Law of the State of New York, the Code Enforcement Officer shall refer
all applicable preliminary and final plats to the County Planning
Board as provided in that section.
The applicant shall file in the office of the County Clerk such
approved final plat or a section of such plat within 62 days from
the date of final approval or such approval shall expire. The following
shall constitute final approval: the signature of the duly authorized
officer of the Planning Board constituting final approval by the Planning
Board of a plat as herein provided; or the approval by such Planning
Board of the development of a plat or plats already filed in the office
of the County Clerk 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. In the event that the applicant shall
file only a section of such approved plat in the office of the County
Clerk, the entire approved plat shall be filed within 30 days of the
filing of such section with the Village Clerk. 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 provisions
of Subdivision 2 of § 7-728 of the Village Law of the State
of New York.
In order that the Village has the assurance that construction
and installation of public improvements will be guaranteed, the applicant
shall enter into one of the following agreements with the Village:
If at any time before or during construction of the public improvement
it is demonstrated that unforeseen conditions make it necessary to
modify the location or design of public improvements, the Code Enforcement
Officer or Village Engineer may authorize such modifications, provided
that these modifications are within the spirit and intent of the Planning
Board's approval and do not substantially alter the function
of any such improvement required by the Planning Board. Any such authorization
issued under this section shall be in writing.
The owner of an approved subdivision may abandon such subdivision
pursuant to the provisions of § 560 of the Real Property
Tax Law of the State of New York.
