§ 88-14. General procedures., Article IV. Major Subdivisions, Chapter 88. Subdivision of Land, Code of Ordinances, Oneonta, Town

Preapplication review (optional). The first submission to be prepared by the applicant as part of the major subdivision review process is the preapplication. This should be submitted prior to taking any action to subdivide the land. The primary purpose of the preapplication is to allow the subdivider to outline the general nature of his proposal for subdivision so that the Planning Board can advise him of the proper method of application, the general acceptability of his concept, the consistency (or inconsistency) of his proposal with the Master Plan of the town or any special considerations he should make in the development of his final subdivision plat (e.g., accommodation of any special soil conditions, handling potential flooding problem, developing open space areas, etc.).

(1)

Submission of preapplication (optional).

(a)

The completed preapplication may be submitted to the Planning Board for its review. Within 30 days of the receipt of the preapplication, the Planning Board shall meet to review and discuss the proposed subdivision. The Planning Board shall formally notify the subdivider, giving at least five days' advance notice of the meeting date at which his proposal will be reviewed, and either the subdivider or his agent shall be present to participate in the review.

(b)

Within 30 days after the preapplication review meeting, the Planning Board shall determine whether the preapplication sketch plan meets the purposes of this chapter and shall, where it deems necessary, make specific recommendations in writing to be incorporated by the applicant in the next submission to the Planning Board.

(2)

Review considerations. The Planning Board's review of the preapplication shall include, at least, a review of the following considerations:

(a)

Zoning requirements, adjustments, variances, etc., that may be applicable to the proposed subdivision concept.

(b)

The potential impact of the proposal on the cost and extent of public services to be required.

(c)

The impact of the proposed development on existing private and public development in the area.

(d)

The degree to which the proposal is consistent or inconsistent with the Master Plan for the area.

(e)

The nature of the soil in the area of proposed development.

(f)

The topography of the proposed site.

(g)

Other special site or community problems that may be involved in the successful development of a subdivision in the area proposed.

Preliminary subdivision plat. The subdivider shall prepare a preliminary subdivision plat for submission to the Planning Board. Such a preliminary plat shall contain all of the items and supplementary materials specified in § 88-16.

(1)

Submission of preliminary plat. The submission of the preliminary subdivision plat shall include the following:

(a)

A preliminary subdivision application (to be prepared on a form supplied by the town).

(b)

A preliminary subdivision plat which conforms to the guidelines specified in § 88-16. Such preliminary plat shall be clearly marked "preliminary."

Editor's Note: Former Subsection B(1)(c), which established a processing fee of $10 per lot, was repealed 2-12-1992 by L.L. No. 5-1992.

(2)

Filing. Four copies of all items and related supplementary materials shall be submitted to the Planning Board office for its review at least 15 days prior to the Planning Board meeting at which it is to be considered, at which time the subdivider or his agent should attend to be heard at that particular meeting. Only a complete preliminary subdivision plat will be accepted for filing with the Planning Board.

(3)

Distribution of preliminary plat. The Chairman of the Planning Board shall distribute copies of the preliminary subdivision plat to the Enforcement Officer, the Town Engineer, the Town Board and any other agency which may have a specific interest in the proposal.

(4)

Review of preliminary subdivision plat.

(a)

The Planning Board shall have 45 days from the time that the preliminary subdivision plat was filed to hold a public hearing on the proposal. The public hearing shall be advertised in the official Town newspaper at least five days in advance of the meeting date. Failure of the Planning Board to hold a public hearing within the required time period shall be deemed to be the equivalent to Planning Board approval of the preliminary plat. Any subdivider/developer must notify residents within a two-hundred-foot radius of any proposed subdivision.

[Amended 6-10-1987]

(b)

The Planning Board must act on the preliminary subdivision plat within 45 days of the date of the public hearing. Any comments received from the Enforcement Officer, the Town Engineer, the Town Board or other agencies with a specific interest in the proposed subdivision should be taken into consideration by the Planning Board when making its review. 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.

(5)

Approval or disapproval.

(a)

If the Planning Board approves the proposed subdivision plat as submitted, it shall direct the Chairman to notify the subdivider, in writing, of the Board's action. Approval of a preliminary plat shall not be construed as approval of a final plat. Such approval shall merely express the acceptance of the subdivision layout as a guide for the development of the final plat.

(b)

If the Planning Board does not approve the preliminary subdivision plat as submitted or wishes to approve it subject to certain modifications, it shall move to direct the Chairman of the Planning Board to contact the subdivider, in writing, clearly explaining the reasons for disapproval or the modifications to which approval is subject.

(c)

Failure of the Planning Board to act on the proposal within 45 days after the public hearing or within the period agreed upon by the owner and the Planning Board shall be equivalent to the Planning Board having given its approval to the preliminary subdivision proposal.

(6)

Expiration. If a final plat is not submitted to the Planning Board within six months after the date on which the Planning Board approved the preliminary plat, the Planning Board shall not approve the final plat unless it has first determined that there has not been any material change in the circumstances existing at the time of the preliminary approval. If the final plat is not submitted to the Planning Board within one year after the date on which the Planning Board approved the preliminary plat, approval of the plat shall lapse.

[Amended 5-12-2004 by L.L. No. 7-2004]

Final subdivision plat. Upon receiving the approval of the Planning Board, the subdivider may then proceed with the development of a final subdivision plat. Such a plat shall be based exclusively on the design features presented in the preliminary subdivision plat, subject to those changes which had been agreed upon at the time of the preliminary plat review. The final subdivision plat shall conform to the requirements for such plats described in § 88-17.

(1)

Submission.* The final subdivision plat shall be submitted to the Town Planning Board. Such submission shall contain the following:

(a)

A formal application for final plat approval (on a form to be supplied by the town).

(b)

A copy of the final subdivision plat corresponding to the requirements outlined in § 88-17.

(c)

A performance bond estimate for all public improvements and utilities included on the final plat and the public utilities plan and profile.

(d)

Detailed plans and profile drawings of all proposed public utilities and improvements.

(e)

Evidence that the Board of Education for the area in which the subdivision is to be built has been made aware of the nature and extent of the proposed project.

(f)

Copies of all easement agreements, deeds, offers of cession, right-of-way acquisitions, planting areas, covenants and any other legal instruments which may require review as part of the subdivision proposal.

(g)

Letters in appropriate cases directed to the Chairman of the Planning Board, signed by a responsible official of the State Department of Transportation or County Public Works Department, approving proposed construction on state or county rights-of-way and indicating that the necessary permits have been issued by their office, or submit copy of permits.

(h)

Evidence that the proposed subdivision has been reviewed and approved by the New York State Department of Health and New York State Department of Environmental Conservation, as required.

(i)

Letters in appropriate cases directed to the Chairman of the Planning Board, signed by a responsible official of the agency, utility company, government authority or special district which has jurisdiction in the area of gas, electric, telephone, public sewer or public water improvements, approving such proposed installation.

* NOTE: Submission requirements [§ 88-14C(1)(g), (h) and (i)] may be waived by the Planning Board prior to final plat approval, said requirements in such event to be required to be a condition of approval pursuant to § 88-14C(6).

(2)

Filing. Unless otherwise specified in this chapter, four copies of all of the required materials in the final plat submission shall be placed on file with the Planning Board. No application will be accepted for filing unless it is complete, as defined by the requirements of this chapter.

(3)

Distribution. Upon receipt of the completed final plat submission, the Chairman of the Planning Board shall transmit copies of the final submission to the Enforcement Officer, the Town Engineer. Town Board and any other agency which may have a specific interest in the proposed subdivisions.

(4)

Public hearing.

(a)

The Planning Board may waive holding a public hearing on a final plat if it finds that the final plat is in substantial agreement with the preliminary plat. If the hearing is waived, the Planning Board shall act within 45 days from the date that the final plat was filed with the Planning Board.

(b)

If the Planning Board does not wish to waive the public hearing, such a hearing shall be held within 45 days of the date of receipt of the final plat by the Planning Board in accordance with the requirements of the General Municipal Law of New York State.

(c)

If the Planning Board has been empowered to modify the provisions of the Zoning Ordinance at the time of final plat approval (according to the provisions of § 281 of the Town Law) and wishes to do so in the case of subdivision proposal, a hearing must be held on the final plat; moreover, in carrying out such a modification, a public hearing by the Planning Board on the zoning amendment is required. Separate but parallel notice of the hearing with respect to the zoning modification should accompany public notice of the hearing with respect to the final plat.

(5)

Approval or disapproval. Unless extended by the mutual consent of the Planning Board and the subdivider, the Planning Board must act on the final subdivision plat within 45 days of the receipt of the application if the public hearing is waived, or within 45 days after the date of the public hearing. Failure of the Planning Board to take action within either of these required time periods will be deemed an act of approval by the Planning Board, granting to the subdivider all of the rights and privileges which such approval conveys.

(6)

Review.

(a)

The Planning Board shall review the final subdivision plat in accordance with the guidelines outlined in § 88-17. It shall examine the final plat to see that it is consistent with the concept presented in the preliminary subdivision plat and all of the required elements of submission have been placed on file with the Board.

(b)

After the public hearing has been held on the final plat, if one is held, or within 45 days of receipt as specified above, the Planning Board shall meet to take action on the final plat submission. If the Board moves to approve the final plat as submitted, it shall direct the Planning Board Chairman to sign the final plat. The Chairman is required to sign the plat, subject to the following conditions:

[1]

All of the requirements for final subdivision plat submission have been met.

[2]

All required corrections and modifications have been made or a sufficient guaranty has been accepted by the Planning Board for such corrections and modifications. All such conditions must be met before the plat is signed by the Chairman of the Planning Board.

[3]

Any performance bonds requested by the Planning Board have been obtained by the subdivider and are in a form as approved by the Town Attorney.

[4]

A statement is submitted by the Town Attorney approving as to the legal sufficiency of all offers of cession or covenants governing the maintenance of unceded public open space.

(c)

The Planning Board may move to conditionally approve the final plat. This type of approval does not entitle the subdivider to immediately file the plat with the County Clerk, but is instead an approval subject to any conditions set forth by the Planning Board. Upon satisfaction of these, the final plat must be signed by the Chairman of the Planning Board before it may be filed. The subdivider shall have 180 days to meet the conditions set forth by the Planning Board for final plat approval and the Planning Board may extend this time for up to 180 additional days.

(d)

If the final plat is disapproved, the applicant shall be formally notified in writing by the Planning Board Chairman of the reason(s) for Planning Board disapproval.

(7)

Recording and filing.

(a)

Within 30 days after the Planning Board has approved a final plat, one opaque cloth print of the subdivision shall be filed in the office of the Otsegc County Clerk. Failure to make such a filing with the Otsego County Clerk will result in a revocation of Planning Board approval of the final plat.

(b)

No building permits may be issued prior to the time that such a filing is made with the Otsego County Clerk.

(8)

Streets and roads. Planning Board approval of a final plat shall not be deemed an acceptance by the town of any street or other land shown as offered for dedication to public use.