Town of Wilna, NY Article III Review and Approval Procedure

§ 198-8 Sketch plan conference.

All potential subdividers are encouraged to meet with the Planning Board prior to the submission of a formal application for a subdivision approval. Such a meeting may be used to expedite the review process by allowing the Planning Board and the applicant to be advised of the following:

A. The potential classification of the subdivision as minor or major;

B. The requirements under the State Environmental Quality Review Act;

C. The possible involvement of other government agencies in the review process; and

D. The determination of wetlands and floodplains.

§ 198-9 Procedural waiver.

The Planning Board may waive the application and review procedure as provided for in this chapter if the Planning Board determines that the proposed subdivision is of minor significance. Such waiver shall be in writing, and shall include the following findings:

A. The proposed subdivision does not involve the creation of more than two lots.

B. The applicant has provided evidence acceptable to the Planning Board that all proposed lots conform to the requirements of Chapter 250, Zoning. Such evidence may consist of proposed deeds, plot plans or surveys of the lands included in the proposed subdivision, or of part of the lands included in the proposed subdivision where such part provides the Planning Board with evidence sufficient to make a determination.

C. The proposed subdivision has no negative environmental significance pursuant to 6 NYCRR Part 617.

§ 198-10 Subdivision process.

Proposed subdivisions shall be determined by the Planning Board to be either minor or major as defined in this chapter and shall follow the procedures as summarized below:

A. Minor subdivision shall follow the procedures of § 198-12 of this chapter, summarized as follows:

(1) Submission of application for final plat approval.

(2) Planning Board review.

(3) Public hearing.

(4) Planning Board action on final plat.

(5) Filing of plat in office of County Clerk by subdivider.

B. Major subdivisions shall follow the procedures of § 198-13 of this chapter, summarized as follows:

(1) Submission of application for preliminary plat approval.

(2) Planning Board review.

(3) Public hearing.

(4) Planning Board action on preliminary plat.

(5) Submission of application for final plat approval.

(6) Planning Board review.

(7) Public hearing (optional).

(8) Planning Board action on final plat.

(9) Filing of plat in office of County Clerk by subdivider.

§ 198-11 Waiver of required improvements.

Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions, provided that such waiver will not have the effect of nullifying the intent and purpose of Chapter 250, Zoning. In granting waivers, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived.

§ 198-12 Minor subdivision review procedure.

A. Submission of application. Applications shall be submitted to the Planning Board. Fees shall be submitted to the Town Clerk. The application shall contain all items as required in Article IV of this chapter.

B. Acceptance of completed application, official submission date.

(1) The application shall not be considered complete until:

(a) All information as required in Article IV of this chapter is provided;

(b) Either a negative declaration has been filed, or a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of 6 NYCRR Part 617; and

(c) A nonrefundable application fee has been paid.

(2) Upon acceptance of a completed application, the Planning Board shall establish the official submission date of the application.

C. Area variance. In order to expedite the review process, where the application shows lots which are not in compliance with Chapter 250, Zoning, the Planning Board may, at its discretion and upon agreement with the applicant, stay the review process and refer the application to the Zoning Board of Appeals for the consideration of an area variance review without the necessity of disapproving the application and requiring its resubmission.

D. Public hearing. Following the review of the application and supplementary material submitted in conformance with this chapter, and following negotiations with the subdivider on changes deemed advisable, the Planning Board shall hold a public hearing. This hearing shall be held within 62 days of the official submission date of the application. The subdivider shall attend the hearing. This hearing shall also fulfill the requirements of the State Environmental Quality Review Act for the draft environmental impact statement, where such hearing may be required. The hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before the hearing. The hearing shall be closed within 120 days after it has been opened.

E. Action on application. The Planning Board shall by resolution 1) grant final approval by the signature of the Planning Board Chairman on the plat, 2) conditionally approve, with or without modifications (see Subsection F below), or 3) disapprove the application. Such action shall be taken within 62 days of the close of the public hearing. The time in which the Planning Board must take action may be extended by mutual consent of the subdivider and the Planning Board. The subdivider shall be notified of the final action of the Planning Board. If disapproved, the grounds for disapproval shall be stated in the record of the Planning Board, including reference to the provisions violated by the application.

F. Conditional approval of application. The application shall be certified by the Planning Board within five days of conditional approval. A copy shall be filed with the Planning Board, and a copy provided to the subdivider along with a statement of the requirements that shall accompany the application which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of an application shall expire 180 days after the date of the resolution granting conditional approval. The Planning Board may extend the expiration time for additional periods of 90 days each. Upon Planning Board acceptance of the completion of the conditional approval requirements as stated in the conditional approval resolution, the Planning Board Chairman shall sign the plat, granting final approval.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

G. Filing of plat. The subdivider shall file the plat, or section thereof, in the office of the County Clerk within 62 days after the date of final approval; otherwise, the plat shall be considered void and must again be submitted along with complete application and appropriate fees to the Planning Board for approval before filing in the office of the County Clerk. When filing a plat which has been approved pursuant to the provisions of Article VII, Cluster Development, of this chapter, a copy of the plat shall be filed with the Town Clerk who shall make appropriate notations and references thereto in the Chapter 250, Zoning, or the Town Zoning Map.

H. Modification of designs after approval. If at any time it is demonstrated that unforeseen conditions make it necessary to modify the location or design of improvements required by the Planning Board, the Board may authorize such modifications, provided these modifications are within the spirit and intent of the Board's approval and do not substantially alter the function of any such improvement required by the Board. Any such authorization issued under this section shall be in writing and shall be entered into the record of the Board.

§ 198-13 Major subdivision review procedure.

A. Preliminary plat procedure. The preliminary plat review procedure shall follow the steps outlined for minor subdivision approval as set forth in § 198-12A, Submission of applications, through § 198-12D, Public hearing, of this chapter, and shall then continue with the provisions of this article as follows.

B. Preliminary action. Within 62 days of the close of the public hearing, the Planning Board shall approve, with or without modifications, or disapprove the preliminary application and state its reasons for disapproval. The time in which the Planning Board must take action may be extended by mutual consent of the subdivider and the Planning Board. Within five days of approval, the action of the Planning Board shall be noted on three copies of the preliminary plat and reference made to any modifications determined. One copy shall be returned to the subdivider and the other two copies retained by the Planning Board.

C. Effect of approval. Approval of a preliminary application shall not constitute approval of the final application, but shall be a guide to the preparation of the final plat. Before submission of the final plat or any portion thereof for formal approval, the subdivider shall comply with this chapter and all requirements set forth by the Planning Board in their review of the preliminary plat.

D. Application, final plat. All major subdivisions shall require final application approval by the Planning Board. If the final application is not submitted for approval within six months of preliminary application approval, the Planning Board may revoke the preliminary application approval. The subdivider shall file an application with appropriate fees for final application approval, accompanied by documentation as specified in Article IV, Documents to Be Submitted, of this chapter, with the Planning Board. Such application shall be submitted at least 10 days prior to the meeting at which it is to be considered by the Planning Board.

E. Official submission date. The Planning Board shall establish an official submission date for the major subdivision final application. Such date shall be the date that the Planning Board determines the application to be complete, including all information required in Article IV, Documents to Be Submitted, of this chapter.

F. Public hearing. A public hearing may be held by the Planning Board after a complete application is filed and prior to rendering a decision. This hearing shall be held within 62 days of the official submission date of the application. The subdivider shall attend the hearing. The hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before the hearing. The hearing shall be closed within 120 days after it has been opened. The public hearing may be waived by the Planning Board if the final application is in substantial agreement with the preliminary application. If the final application is not in substantial agreement with the approved preliminary application, then the public hearing shall be conducted.

G. Guarantees for required improvements. In order that the Town has the assurance that construction and installation of public improvements will be guaranteed, the applicant shall either:

(1) Construct all improvements as required by this chapter, and by the Planning Board, prior to final approval of the application; or

(2) Furnish guarantee as provided in Town Law § 277.

H. Final action. The Planning Board shall by resolution grant final approval by the signature of the Planning Board Chairman on the plat, conditionally approve, with or without modifications (see Subsection I below), or disapprove the application; within 62 days of the close of the public hearing. If the public hearing has been waived, the Planning Board shall act within 62 days of the final application official submission date. The time in which the Planning Board must take action may be extended by mutual consent of the subdivider and the Planning Board. The subdivider shall be notified of the final action of the Planning Board. If disapproved, the grounds for disapproval shall be stated in the record of the Planning Board, including reference to the provisions violated by the application.

I. Conditional approval. The application shall be certified by the Planning Board within five days of conditional approval. A copy shall be filed with the Planning Board, and a copy provided to the subdivider along with a statement of the requirements that shall accompany the application which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of an application shall expire 180 days after the date of the resolution granting conditional approval. The Planning Board may extend the expiration time for additional periods of 90 days each. Upon Planning Board acceptance of the completion of the conditional approval requirements as stated in the conditional approval resolution, the Planning Board Chairman shall sign the plat, granting final approval.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

J. Approval of plats in sections. Prior to granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be divided into two or more sections and may in its resolution granting conditional or final approval state such requirements as it deems necessary to ensure the orderly development of the plat be completed before such sections may be signed by the Planning Board Chairman. Conditional or final approval of the sections of a final plat, subject to any conditions imposed by the Planning Board, shall be granted concurrently with conditional or final approval of the plat. In the event the owner shall file only a section of such approved plat in the office of the County Clerk, two copies of the entire approved plat shall be filed within 30 days of the filing of such section with the Town 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 in the office of the County Clerk within three years of the filing of the first section with the County Clerk.

K. Filing of plat. The subdivider shall file the plat, or section thereof, in the office of the County Clerk within 62 days after the date of final approval; otherwise the plat shall be considered void and must again be submitted along with complete application and appropriate fees to the Planning Board for approval before filing in the office of the County Clerk. When filing a plat which has been approved pursuant to the provisions of Article VII, Cluster Development, of this chapter, a copy of the plat shall be filed with the Town Clerk who shall make appropriate notations and references thereto in Chapter 250, Zoning, or the Town Zoning Map.

L. Modification of designs after approval. If at any time it is demonstrated that unforeseen conditions make it necessary to modify the location or design of improvements required by the Planning Board, the Board may authorize such modifications, provided these modifications are within the spirit and intent of the Board's approval and do not substantially alter the function of any such improvement required by the Board. Any such authorization issued under this section shall be in writing and shall be entered into the record of the Board.

M. Public acceptance of improvements. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any road, park, playground, recreation area, easement, public utility, or any other improvement. The plat shall be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication, and provision for the costs of developing and maintaining any such improvements.