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Town of Chili, NY
Monroe County
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Table of Contents
Table of Contents
[Amended 2-4-1998 by L.L. No. 1-1998]
A. 
Minor subdivision approval. Except for major subdivisions, whenever any subdivision of land is proposed, before any division of land occurs, before any permit for the erection of a permanent building in such proposed subdivision shall be granted and before any subdivision plat may be filed in the office of the Monroe County Clerk, the subdivider shall apply for and secure approval of such proposed subdivision in accordance with the procedures in Article IV of this chapter.
B. 
Major subdivision approval. Except for minor subdivisions, whenever any subdivision of land is proposed, before any division of land occurs, before any permit for the erection of a permanent building in such proposed subdivision shall be granted and before any subdivision plat may be filed in the office of the Monroe County Clerk, the subdivider shall apply for and secure approval of such proposed subdivision in accordance with the following procedure.
The purpose of this step is to afford the subdivider an opportunity to consult early and informally with the Planning Board in order to save time and money and to make the most of opportunities for desirable development. This review and approval is for the purpose of concept approval of the plan. Material submitted by the subdivider shall be in sufficient detail to permit a clear understanding of the concept.
A. 
Requirements. A sketch plan shall be prepared and submitted along with a fee as set by Town Board resolution. The number of copies as required by the Town shall be submitted to the Planning Board and shall comply with the requirements set forth in § 439-30 of this chapter. Before preparing a sketch plan, the subdivider may discuss with the Planning Board, Town Supervisor or any other Town boards, committees, departments and officials the general requirements as to design of streets, reservations of land, Town frontage road policy, drainage and erosion control and slope stabilization measures, water retention facilities, sewerage, water supply, fire protection and other improvements as well as procedural matters. The Town Engineer shall review the sketch plan in regard to engineering features and shall report on this review to the Planning Board. Subdividers of land adjoining state or county highways shall consult with the District Engineer of the New York State Department of Transportation or the Monroe County Director of Public Works at the sketch plan stage in order to resolve problems of traffic congestion, street openings or stormwater drainage at the earliest possible stage in the design process. Where public utilities are involved, the subdivider's engineer shall contact the agencies for connection specifications, capacities and any other requirements of the respective agencies. The Planning Board shall study the sketch plan of a proposed subdivision in relation to existing or potential development of the adjacent area, the Town and County Master Plans, if any, and in the course of its review may consult with other interested public agencies.
[Amended 12-3-2008 by L.L. No. 4-2008]
B. 
County Department of Planning Review. Upon receipt of a complete application for sketch plan approval, the Planning Board may refer said application to the Monroe County Department of Planning for its review and report which shall be made to the Planning Board within 30 days of receipt of said complete referral, certified as such by the Building Department.
C. 
Notification of result of sketch plan layout review. Not later than 62 days following the receipt of a complete sketch plan, as certified by the Building Department, the Planning Board shall convey a written report to the subdivider containing its comments concerning the design of the proposed subdivision, including, in appropriate cases, suggestions as to coordination with the design of adjacent subdivisions or compliance with requirements of other interested public agencies. A letter to the applicant conveying the Planning Board's comments shall be considered a sufficient written report. The time frame required may be extended upon mutual consent.
[Amended 12-3-2008 by L.L. No. 4-2008]
[Amended 12-3-2008 by L.L. No. 4-2008]
A preliminary plat shall be prepared and submitted to the Planning Board for all proposed subdivisions.
A. 
Requirements. The preliminary plat shall be clearly marked "preliminary plat" and shall satisfy the requirements for preliminary layouts as described in § 439-31 and should comply with the recommendations made by the Planning Board in its report on the sketch layout, if any, and shall be accompanied by the fee required and set by Town Board resolution. The number of copies as required by the Town of the preliminary plat and supplementary material specified shall be submitted to the Planning Board. Copies shall be used for necessary coordination with other consultants or agencies. The Planning Board shall study the preliminary plat in connection with the topography of the area, existing requirements of the Zoning Ordinance,[1] the Master Plan and any other plans of the Town and the Town Official Map, if any, and shall take into consideration the general requirements of the Town. In reviewing a preliminary plat, the Planning Board shall consult with the Town Engineer and such other officials or agencies as may be appropriate in each case. The Town Engineer shall report to the Planning Board concerning the adequacy of engineering features shown on the preliminary plat.
[1]
Editor's Note: See Ch. 500, Zoning.
B. 
County Department of Planning review and establishing a public hearing date. Upon receipt of a complete and satisfactory preliminary plat application, as certified by the Building Department, the Planning Board shall pursuant to Article VII of the Monroe County Charter, or such other sections or articles as may be applicable, refer seven copies of said plan to the Monroe County Department of Planning for its review and report and schedule a public hearing within 62 days after the receipt of such preliminary plat by the Building Department. The notice of hearing shall be as set forth in § 500-86B of Chapter 500, Zoning, of the Code of the Town of Chili.
C. 
Action by Planning Board. Within 62 days after the date of such hearing, the Planning Board shall approve, approve with modification, or disapprove such preliminary plat. The grounds for modification or disapproval shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions of the chapter, the time in which a Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing any modification it deems necessary prior to submission of the plat in final form.
D. 
Notification of decision. Within five days of the approval of such preliminary plat, a notice of the Planning Board's decision shall be mailed to the applicant as having been granted preliminary approval and a copy filed in the Town Building Department. In the event that the Planning Board fails to take action on the preliminary plat within the time prescribed therefor, such plat shall be deemed to have been granted preliminary approval. The certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
After receiving approval, or approval with modification, from the Planning Board on a preliminary plat, the subdivider may prepare his final subdivision plat and submit it to the Planning Board for approval; except that if more than six months has elapsed between the time of the Planning Board's decision on the preliminary plat and the submission of the final subdivision plat, and the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary plat for further review and possible revision prior to accepting the proposed final subdivision plat for review. In this case a public hearing shall be held on the revised plan.
A. 
Requirements. The final subdivision plat shall conform substantially to the preliminary plat as approved, or approved with modifications, by the Planning Board. It shall incorporate any modifications or other features that may have been recommended by the Planning Board at the preliminary plat stage, and all such compliances shall be clearly indicated by the subdivider on the appropriate submission. If the subdivider wishes to develop the subdivision in stages, he may prepare and submit a subdivision plat for a portion of the area encompassed by the preliminary plat, provided that the proposed development stages were indicated on the preliminary plat reviewed by the Planning Board. However, no more than two individual sections of a subdivision shall be in process or under construction at the same time.
B. 
Application for final subdivision plat. Copies of the final subdivision plans as required by the Town and other exhibits required for approval, as specified in § 439-32, shall be submitted with the application for approval along with the number of copies and fee as required and set by the Town. When submitting a subdivision plat for approval the subdivider shall also file with the Planning Board formal offers of dedication to the Town or other appropriate public agencies of all streets and associated storm drainage facilities, parks and playgrounds and other permanent open spaces for community use, as shown in the subdivision plat. The approval of the plat does not constitute an acceptance by the Town of the dedication of those facilities. Also evidence of all necessary easements for stormwater discharge, sanitary sewer and water, petitions for creation of any needed special districts or any other legal documents that may be requested by the Planning Board should be submitted with the final subdivision plat.
[Amended 12-3-2008 by L.L. No. 4-2008]
C. 
Public hearing. Within 62 days from the date of the submission of a plat in final form for approval by the Planning Board, a hearing shall be advertised at least once in the official Town newspaper at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with the approved preliminary plat, modified in accordance with any recommendation accompanying such approval, the Planning Board may waive the requirements for a public hearing. The notice of hearing shall be as set forth in § 500-86B of Chapter 500, Zoning, of the Code of the Town of Chili.
[Amended 12-3-2008 by L.L. No. 4-2008]
D. 
Notification of decision.
(1) 
The Planning Board shall by resolution conditionally approve, approve with modifications, disapprove, or grant final approval and authorize the signing of such plat, within 62 days of its receipt by the Building Department if no such hearing is held, or in the event such hearing is held, within 62 days after the date of such hearing. Notification shall be mailed to the applicant and filed in the Building Department within five days of the date of Planning Board action. Notwithstanding the foregoing provisions of this chapter, the time in which a Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. In the event that a Planning Board fails to take action on a final plat within the time prescribed therefor, the plat shall be considered approved. A certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
[Amended 12-3-2008 by L.L. No. 4-2008]
(2) 
In reviewing a subdivision plat, the Planning Board shall consult with the Town Engineer and such other officials or agencies as may be appropriate in each case. The Town Engineer shall report to the Planning Board concerning the adequacy of engineering features shown on the subdivision plat. The action of the Planning Board shall be recorded in the Board's minutes, and the subdivider shall be notified of such action in writing and a copy of the map submitted. In case of disapproval of a proposed subdivision plat, the Planning Board shall have in its minutes its reasons for disapproval. No construction of any sort, site improvements or building permit for any permanent building within the subdivision shall be issued by the municipality until after the record sheet of the subdivision plat has been approved by the Planning Board and has been filed in the office of the Monroe County Clerk and liber and page numbers have been assigned by the County Clerk. Where a permit is desired for the occupancy of a building in the subdivision prior to the completion of all the improvements shown on the approval construction sheet of the subdivision plat, in addition to other requirements of the Town, the street serving the building shall be completed to a degree satisfactory to the Town Engineer.
E. 
Conditional approval. Upon resolution of conditional approval of such plat, the Planning Board Chairman or Vice Chairman shall sign the plat subject to completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Chairman or Chairman Pro Tem of the Planning Board as conditionally approved and a copy filed in the Clerk's office and a certified copy mailed to the subdivider including a certified statement of such requirements which when completed will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board. Conditional approval of a final plat shall expire within 180 days, after the date of the resolution granting conditional approval unless all such requirements have been certified as completed. Notwithstanding the foregoing provisions of this chapter, the Planning Board may extend the time in which a conditionally approved plat in final form must be submitted for signature, if in its opinion such extension is warranted by the particular circumstances thereof, for no more than two additional periods of 90 days each.
[Amended 12-3-2008 by L.L. No. 4-2008]
F. 
Expiration of approval.
(1) 
An approved plat must be filed in the Monroe County Clerk's office within 62 days from the date of the signature of the duly authorized officer of the Planning Board or the certificate of the Town as to the date of the submission of the final plat and the failure of the Planning Board to take action thereon within the time prescribed. If it is not, the approval expires. In the event that the owner shall file only a section of such approved plat in the office of the County Clerk, the entire approved plat shall be filed, within 62 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 before the expiration of the exemption period to which such plat is entitled under the provisions of § 265-2, Subdivision 2, of the Town Law.
[Amended 12-3-2008 by L.L. No. 4-2008]
(2) 
If at the time of filing of the subdivision plat or first section thereof referred to in Subsection F(1) above, there was in the Town both a Zoning Ordinance and a Planning Board vested with authority to approve subdivision plats, then the exemption provided for in § 265-a, Subdivision 2, of the Town Law shall apply for a period of three years after the filing of the subdivision plat or first section thereof.
G. 
Letter of credit. After the approval of the application and before filing of maps and before stripping of any ground cover, construction of any sort, site grading or any other site improvements or before the issuance of any permit, the subdivider shall make, execute and file with the Town chief financial officer a letter of credit in the amount of the estimated cost of the total project or section thereof and monumentation. Said estimate shall be prepared by the subdivider's licensed engineer, verified by the Town Engineer and approved as to form by the Town Attorney and finally by the Town Supervisor. No letter of credit will be acceptable that requires approval of the subdivider for release of funds. All letters of credit shall be subject to control by the Town Board. The above party or parties shall guarantee that upon determination of the operation, the project shall be in conformity with both the approved specific requirements and the standards set forth in this chapter. In the event of default of compliance with the conditions of this chapter and any other applicable laws, such credit shall be forfeited to the Town. The Town shall return to the applicant any amount that is not needed to cover the costs of restoration, administration and any other expenses incurred by the Town as a result of the applicant's default. Such credit shall continue in full force and effect until a request is made by the subdivider to the Supervisor for a release from the letter of credit. The Supervisor shall then submit the request by letter to the Town Engineer for his recommendation. Upon receipt of said recommendations, the Supervisor may authorize releases up to 90% of the total letter of credit. Before the engineer can recommend a ninety-percent storm drainage guaranteed release, he shall require a signed statement from a licensed professional engineer to the effect that: the job is complete according to plans and specifications; the job has been inspected by a licensed professional engineer; all storm sewers have been successfully balled or lamp-tested. Before the final ten-percent release can be requested by the subdivider, all roads shall have been dedicated to the Town of Chili for at least one year. When this has been done, the Supervisor shall again submit letters to the Town Engineer and Superintendent of Highways for their recommendations, after which the Supervisor submits his sign-off letter to the Town Board indicating final release of said letter of credit.
H. 
Road dedication procedure. The dedication of roads to the Town of Chili shall follow the steps set out below.
(1) 
The subdivider shall have posted the letter of credit as required in Subsection G.
(2) 
The subdivider shall have a complete, written, legal description of the properties to be dedicated.
(3) 
The subdivider shall submit a complete set of as built maps as required by § 439-30.
(4) 
The subdivider shall have written certification from the subdivider's engineer and the Town Engineer or Highway Superintendent that the as-built roads were constructed to required Town standards.
(5) 
The Town Attorney shall verify that all documentation is correct and complete.
(6) 
The Town Board shall, by resolution of the Board, authorize acceptance of the offer of dedication.