§ 174-7. General procedural requirements.

A. 

Plats for lot line adjustments and subdivisions as well as subsequent development thereof shall be prepared by a New York State licensed professional surveyor.

B. 

Plat size and legibility. Plats for subdivisions and lot line adjustments shall be on sheets no smaller than 8 1/2 inches by 11 inches and not larger than 24 inches by 36 inches. Where necessary, such plats may be in two or more sections accompanied by a key diagram showing relative location of the sections.

C. 

Plats for all proposed subdivisions as defined in Chapter 1, Article II, shall be filed with the Planning Board for approval.

D. 

All applications for lot line adjustments and preliminary and final subdivisions shall be signed by the owner or owners of the property to verify that the application is made with their consent.

E. 

Fees. See Chapter 111, Fees, Administrative.

F. 

Preapplication conferences. Preapplication conferences with the Development Office are encouraged in order to:

(1) 

Review application requirements and procedures;

(2) 

Discuss preliminary design of the project;

(3) 

Establish a probable timetable for review; and

(4) 

Review Town policies concerning development.

G. 

Sketch plans. The applicant may request or the Planning Board may require submission of a subdivision sketch plan in accordance with § 174-9 of this chapter. The Planning Board's purpose in reviewing subdivision sketch plans shall be solely to provide an opportunity for informal discussions concerning a proposed subdivision with Planning Board members at a regular meeting.

H. 

Conservation subdivision. The Planning Board may consider any proposal for a conservation subdivision submitted by an applicant pursuant to § 174-16 of this chapter and New York State Town Law § 278, as amended. The Planning Board may require clustering of lots and development to protect environmentally sensitive areas or to preserve open space.

I. 

Conservation subdivisions and subdivisions to be developed in distinct phases or sections shall be subject to two stages of review. Preliminary review will consider potential impacts from the entire subdivision. Final review will address one or more individual phases or sections identified as part of the approved preliminary plat.

J. 

All other subdivisions shall be subject to a single stage review. Refer to § 174-10 of this chapter.

K. 

Where a subdivision plat covers only a part of the subject and any adjacent parcel(s) owned by the applicant, the Planning Board may require a separate conceptual plan for the remainder of the land, including an estimated time schedule for subdivision and development.

L. 

The Planning Board shall refer applications for subdivision to the Ontario County Planning Board as required by § 239-n of the General Municipal Law.

M. 

SEQR. All applications for approval require appropriate environmental review in accordance with the State Environmental Quality Review Act and its implementing regulations.

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

N. 

Surety. The Planning Board may require that appropriate surety be posted with the Town to assure that specified elements of a development are constructed as designed and/or to assure that the conditions of approval are satisfied in conformance with the requirements in § 174-32 of this chapter and New York State Town Law.

O. 

Waivers. Pursuant to authority in New York State Town Law, the Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.

(1) 

If an applicant wishes to request a waiver, said request shall be submitted, in writing, as part of the application. The application shall state fully the grounds of said request.

(2) 

The Planning Board shall make findings supporting its decision regarding a waiver.

(3) 

Waivers shall be made by resolution of the Planning Board. A statement showing the date that such waiver was granted shall be affixed to the final plat.

(4) 

When granting waivers, the Planning Board may also impose additional conditions, as needed, to achieve the objectives of the waived requirement(s).

P. 

All subdivision proposals require a public hearing before the Planning Board. All owners of property located within 500 feet of the parcel proposed for subdivision shall be notified of the public hearing by receiving a copy of the legal notice published in the Town's official newspaper. In addition, the Town Clerk is to provide a public hearing notice to the municipal clerks in neighboring municipalities when the site under review lies within 500 feet of the neighboring municipality.

Q. 

Complete application. In compliance with New York State Town Law, subdivision applications 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 subdivision shall begin upon filing of such negative declaration or such notice of completion.

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

R. 

Advanced site preparation. After a Planning Board vote to approve a subdivision and before receipt of the Planning Board Chair signature on the approved final plat, the Planning Board may grant approval for site preparation upon formal request by the applicant. Said application shall describe the site preparation to be completed and be supported by good and sufficient reasons for starting in advance of final approval. Surety required by the Planning Board for the performance of the described site preparation shall be accepted by the Town Board and filed with the Town before issuance of permits.

S. 

Reservation of parkland. In conjunction with its review of a subdivision containing residential dwelling units, the Planning Board shall make findings and a determination that a proper case exists for requiring a set-aside of parkland or payment of a fee in lieu thereof, in compliance with New York State Town Law. See also Town Code Chapter 111, Fees, Administrative, Article II.