The following procedure is specified for the
guidance of the applicant. Since the development of land affects many
aspects of community growth, the applicant is advised to consult with
officials concerned with engineering, health, assessments, schools,
recreation and other public functions in addition to those designated
in these regulations. The procedure is divided into three mandatory
parts and a fourth part if the applicant is seeking § 278
approval.
In scheduling public hearings and review time
frames on all subdivision plats, the Planning Board shall comply with
the provisions of the State Environmental Quality Review Act under
Article 8 of the Environmental Conservation Law and its implementing
regulations, as set forth in Town Law § 276.
A.
Prior to applying for approval of a preliminary plat the applicant 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 applicant, 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 applicant 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. Possible
changes or modifications in the sketch plan shall be discussed if
the plan, as submitted, does not meet the objectives or standards
of these regulations.
A.
The applicant should consult with the New York State
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 should be made before
the applicant proceeding to the preparation of the preliminary plan.
C.
If the installation of a sewer system is involved
the applicant should consult with the Onondaga County Public Works
Commissioner.
D.
If the subdivision is of 50 units or more not connected
to publicly owned utilities or if it is 250 or more units connected
to publicly owned utilities a draft environmental impact statement
must be submitted. For all other subdivisions an Environmental Assessment
Form must be submitted.
F.
Four copies of the preliminary plat and all required
supplementary material, together with two copies of the application
for tentative approval shall be submitted.
G.
The applicant shall pay a fee as set from time to
time by resolution of the Town Board to cover a portion of the cost
of the administration of these regulations. In addition the applicant
shall deposit with the Town as set from time to time by resolution
of the Town Board in payment of the fees and expenses of the Town
Engineer(s) assigned to the project; the Attorney for the Planning
Board, and any other expert retained by the Planning Board for the
review of the application for preliminary plat. Should the fees and
expenses be less than the deposit the difference shall be returned
to the applicant; should they be more, additional deposit will be
required.
[Amended 5-22-1992 by L.L. No. 3-1992[1]]
H.
The Planning Board shall review the preliminary plat
and other material submitted for conformity to these regulations and
to preliminary agreements reached with the applicant and the kind
and extent of improvements to be made by the applicant. Within 62
days from the date of submission of the complete application the Planning
Board shall hold a public hearing.[2]
I.
A preliminary plat of a subdivision showing proposed
new streets or building sites having frontage on, access to, or otherwise
directly related to any county road shown on any county official map
shall be submitted by the Planning Board to the Onondaga County Department
of Planning and the Commissioner of Public Works of Onondaga County
for review as provided by § 239-k of the General Municipal
Law.
J.
Within 62 days after the date of such hearing, the
Planning Board shall approve with or without modification or disapprove
such preliminary plat, and the ground of a modification, if any, or
the ground for disapproval shall be stated upon the records of the
Planning Board. Notwithstanding the foregoing provisions of the subdivision
the time in which a Planning Board must take action on such plat may
be extended by mutual consent of the applicant and the Planning Board.
When so approving a preliminary plat, the Planning Board shall state
in writing modifications, if any, as it deems necessary for submission
of the plat in final form. Within five days of the approval of such
preliminary plat it shall be certified by the Clerk of the Planning
Board as granted preliminary approval and a copy filed in his office
and a certified copy mailed to the applicant.[3]
K.
Approval of a preliminary plat shall not constitute
approval of the final plat. Rather, it shall be deemed an expression
of approval to the layout submitted on the preliminary plat as a guide
to the preparation of the final plat which will be submitted by the
applicant to the Planning Board for approval and for recording upon
fulfillment of the requirements of these regulations and the conditions
of approval, if any.
L.
Approval of the preliminary plat may not be revoked
by the Planning Board unless a change in the character of the area
or the availability of new information about the site and its surroundings
indicate the unsuitability of the development, as shown on the preliminary
plat. Before such revocation the applicant shall be informed, in writing,
of the reasons therefor and shall be given an opportunity to be heard
before the Planning Board.
A.
The final plat shall conform substantially to the
preliminary plat, as approved; and, if desired by the applicant, it
may constitute only that portion of the approved preliminary plat
which he proposes to record and develop at the time; provided, however,
that such portion conforms to all requirements of these regulations.
B.
Four 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 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. Such extension shall not be longer than six months.
C.
At the time of filing the final plat the applicant
shall also submit the following:
(1)
A certificate as to adequacy of the proposed water
supply and sewage system by the New York State Department of Health
or Onondaga County Health Department, the Onondaga County Water Authority
and the New York State Water Resources Commission, where applicable.
(2)
A certificate by a licensed engineer that any required
improvements constructed by the applicant have been designed and inspected
and meet the minimum standards in these regulations, or as otherwise
required by law.
(3)
A performance bond approved by the Planning 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 defined 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 such required improvements as may have been constructed
prior to final plat submission.
E.
If the final plat is approved, the Planning Board
shall make an appropriate notation to that effect on the face of the
original drawings or prints. Five copies will be required by the Planning
Board.
F.
Approval of the final plat shall expire within 90
days from the date of approval unless within such ninety-day period
the plat shall have been duly recorded by the applicant in the office
of the County Clerk.
G.
The Planning Board may permit the final plat to be
divided into two or more sections (specified parts of the subdivision),
subject to such conditions as it deems necessary to assure orderly
development of the subdivision. Approval of such section shall be
granted concurrently with the approval of the plat for that section.
The approved plat, or any approved section thereof, shall be recorded
within 90 days of approval, subject to any conditions imposed, and
shall encompass at least 10% of the total number of lots shown on
the final plat. Approval of any section, not recorded in County Clerk's
office, shall expire unless recorded before the expiration of three
years.
H.
Within 62 days from the recording of the final plat
or any approved section thereof, the applicant shall file with the
Planning Board a photostatic copy of the plat certified by the County
Clerk to be a true copy of the recorded plat.[2]
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 applicant upon request.
J.
No performance bond guaranteeing the completion of
improvements shall be released until certified to by an appropriate
licensed engineer.
K.
Performance bonds may be changed only under provisions
of § 277 of the Town Law.
As authorized by the Town Board by resolution dated August 14, 1978, the Planning Board may, at the time of plat approval, modify applicable provisions of Chapter 280, Zoning. Such modification shall be made only for land zoned for single-family purposes and only for such areas of the Town as shall be specified by the Board in its resolution of authorization.
A.
If the applicant 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.
B.
The applicant 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 developments. The applicant 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.
C.
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 may 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.
D.
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 the Zoning Ordinance
or Map.
