Town of Elma, NY Article IV Approval Procedure

[Amended 4-15-2015 by L.L. No. 2-2015; 6-14-2017 by L.L. No. 3-2017]

§ 123-5 Approval required.

Whenever any subdivision of land is proposed, and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of any structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures.

§ 123-6 Preapplication and classification.

A. Submission of a sketch plan. Any owner of land shall, prior to subdividing land, submit to the Town Clerk at least 10 days prior to the regular meeting of the Town Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article VII, § 123-19, of these regulations for the purposes of classification and preliminary discussion. The Town Board shall discuss the application and supply input to the owner. If the Town Board finds that this application is in general accordance with the Town's regulation, they then will refer it to the Planning Board for their input in accordance with the following.

B. Discussion of requirements and classification.

(1) The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, stormwater management, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.

(2) Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. A notation regarding classification shall be made by the Planning Board directly on the sketch plan. The Planning Board may require, however, when it deems necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article IV, § 123-7, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article IV, §§ 123-8 and 123-9.

C. Study of sketch plan. The Planning Board shall, within 30 days after submission, determine whether the sketch plan meets the objectives of these regulations and specific recommendations to be incorporated by the applicant in the next submission to the Planning Board and, in the case of a minor subdivision, obtain a review and recommendation from the Town Highway Superintendent, Water Superintendent and Town Engineer.

D. Preapplication does not require formal application to the Planning Board or payment of a fee, nor does it permit filing of a plat with the County Clerk.

§ 123-7 Minor subdivision plat.

A. Application and fee. Within six months of a classification by the Planning Board of a proposed subdivision as a minor subdivision, the subdivider shall submit an application for approval of a minor subdivision plat. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Town Board and Planning Board. Said application shall also conform to the requirements listed in Article VII, § 123-18. All applications for plat approval for a minor subdivision shall be accompanied by a fee as set by the Town Board by resolution from time to time.

B. Number of copies. The application for approval of a minor subdivision plat, complete with seven copies of the subdivision plat, shall be filed with the Clerk of the Planning Board.

C. Subdivider to attend Planning Board and Town Board meetings. The subdivider, or his duly authorized representative, shall attend meetings of the Planning Board and Town Board to discuss the proposed minor subdivision plat.

D. Approval procedure.

(1) The minor subdivision application shall be placed on the next available Town Board meeting agenda. (Submission must take place prior to the deadline for the Town Board Agenda.)

(2) The Town Board shall complete a cursory review of the application (with input from the Building Department) and refer the application to the Planning Board with any comments they have. If warranted, the Town Board could also begin the SEQR process by authorizing a coordinated review.

(3) The Planning Board, within 62 days of referral of the plan to them, shall act by resolution on the application. In the event the Planning Board does not act within the sixty-two-day period, the application will automatically be placed on the next Town Board agenda.

(4) The Planning Board shall either recommend approval, conditional approval with or without modifications, or disapproval of the plat. The Planning Board may also provide input on SEQR to the Town Board. The Planning Board shall specify, in writing, its supporting reasons for recommending approval with conditions or disapproval of the minor subdivision.

(5) The Town Board will receive the recommendation and make a SEQR decision on the minor subdivision. If a SEQR negative declaration is issued, the Town Board can set a public hearing on the application.

(6) Once the public hearing is scheduled, noticed and held in accordance with Town Law, the Town Board can act on the application; approve, approve with conditions, with or without modifications, or disapprove.

§ 123-8 Major subdivision preliminary plat.

A. Application and fees.

(1) Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for consideration with a preliminary plat for the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form prescribed by Article VII, § 123-20, hereof. The preliminary plat shall, in all respects, comply with the requirements of §§ 276 and 277 of the Town Law and as set forth in these regulations, except where a waiver may be specifically authorized by the Town Board.

(2) Payment of a fee shall accompany all applications for approval of a preliminary plat. Plats for commercial, industrial or multifamily developments shall be accompanied by a fee, with a minimum fee for any subdivision application. All fees will be set by resolution of the Town Board from time to time.[1] Fees are not refundable and shall be in addition to fees charged by the Building Inspector or other Town agencies but shall not be duplicated by site plan review fees required under the Zoning Ordinance.[2]

[1] Editor's Note: The Fees Resolution is on file in the Town Clerk's office and may be inspected during regular business hours.

[2] Editor's Note: See Ch. 144, Zoning.

B. Purpose. The preliminary plat and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Town Board. One copy shall later become the official record of the Town Clerk. They show the layout of the subdivision and its public improvement, so that the Town Board can indicate its approval or disapproval of the subdivision prior to the time that the final plat, including the design and detailing of the public improvements and utilities, is completed. Approval of the preliminary plat does not constitute an approval of the final plat, nor should it be considered a valid basis for the construction of site improvements or other commitments which depend upon its design characteristics.

C. Number of copies. The application for approval of the preliminary plat, complete with seven paper copies of the preliminary plat, shall be filed with the Clerk of the Planning Board. A proposed submission which does not include all the required drawings and documents shall not be considered for such filing.

D. Subdivider to attend Town Board and Planning Board meetings. The subdivider or their duly authorized representative shall attend the meeting of the Town Board and Planning Board to discuss the preliminary plat.

E. Approval procedure.

(1) Upon receipt of the preliminary plat application by the Town Clerk, the application shall be placed on the next available Town Board agenda.

(2) At the Town Board meeting, the Town Board shall review the application, provide input to the applicant, and refer the application to the Planning Board for their review, comment, and recommendation.

(3) The Town Board may also begin a SEQR coordinated review process by authorizing the mailing of SEQR lead agency documentation to appropriate interested and involved agencies.

(4) The application will then be placed on the next available Planning Board meeting agenda.

(5) The Planning Board, within 62 days of receipt of the referred action, shall, by resolution, either recommend to approve with or without modifications or recommend to disapprove such preliminary plat. The Planning Board shall also provide input to the Town Board on SEQR.

(6) The Town Board, based upon input from the Planning Board and, if requested, other involved and interested agencies, shall act in accordance with the State Environmental Quality Review Act.

(7) If the Town Board issues a negative declaration or conditioned negative declaration, then the application shall be considered complete and the Town Board shall schedule and hold a public hearing within 62 days of the complete application.

(8) If the Town Board decides that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provision of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion.

(9) Notice of the public hearing shall be advertised at least once in the official newspaper as legally designated by the Elma Town Board at least five days before such hearings. (If an EIS is required, follow SEQR requirements.)

(10) Within 62 days from the date of such public hearing, the Town Board shall act by resolution of the preliminary plat. The Town Board shall either approve, with or without modifications, or disapprove the preliminary plat.

(a) Notwithstanding the foregoing provisions, the time in which the Town Board must take action may be extended by mutual consent of the owner and the Town Board.

(b) When approving the preliminary plat, the Town Board shall state, in writing, the modifications and/or waivers under Article 9 of the Real Property Law that, if any, it deems necessary for submission of the plat in final form with respect to:

[1] The specific changes which it will require in the preliminary plat.

[2] The character and extent of the required improvements for which waivers may have been specifically requested and which, in its opinion, may be waived without jeopardy to the public health, safety, and general welfare.

[3] The categories of improvement or the amount of all bonds therefor, which the Town Board shall require as a requisite to approval of the final plat.

(c) The action of the Town Board, plus any conditions attached thereto, shall be noted on three copies of the preliminary plat. One copy shall be returned to the subdivider, one copy shall be retained by the Planning Board and one forwarded to the Town Board through the Town Clerk for preliminary approval, disapproval, or modification.

§ 123-9 Major subdivision final plat.

A. Application.

(1) Following approval, with or without modifications, of the preliminary plat, the subdivider shall prepare a final plat, together with all other supplementary documents, in accordance with Article VII, § 123-21, of these regulations.

(2) The final plat and other supplementary documents shall be filed with the Clerk of the Town Board, together with a written application for final approval, within six months after approval, with or without modification, of the preliminary plat, unless such time limit is extended by mutual consent of the applicant and the Town Board.

(3) Town Board action.

(a) Within 62 days from the date of such public hearing or from the date of submission of the final plat, if no such hearing is held, the Town Board, by resolution, shall either approve, conditionally approve, with or without modification, or disapprove the final plat and authorize the signing of such plat.

(b) If an SWPPP was submitted in accordance with § 123-21B(5) of these regulations, the Town Board shall not approve the final plat unless the plat and SWPPP comply with the requirements of Chapter 120 of this Code.

B. Partial development. If desired by the subdivider, the final plat may consist only of that portion of the approved preliminary plat which is proposed for recording and development at the time, provided that such portion conforms to all applicable requirements of these regulations and that the subdivision is being submitted for approval progressively in contiguous sections satisfactory to the Town Board.

C. Purpose. The final plat and the supporting documents for a proposed subdivision constitute the complete development of the subdivision proposal. After a public hearing, as required, and approval by the Town Board, this complete submission along with the performance bond and the general liability insurance policy, as approved by the Town Board, becomes the basis for the construction of the subdivision and the inspection services by the Town Board and by the Town Engineer or other delegated Town official or representative.

D. Number of copies. The application for approval of the final plat, complete with eight copies of the final plat, shall be filed with the Clerk of the Planning Board.

E. Approval procedure.

(1) Upon receipt of the final plat application by the Town Clerk or Clerk of the Planning Board, the application shall be placed on the next available Town Board agenda.

(2) At the Town Board meeting, the Town Board shall review the application, provide input to the applicant, and refer the application to the Planning Board for their review, comment, and recommendation.

(3) The application will then be placed on the next available Planning Board meeting agenda.

(4) The Planning Board, within 31 days of receipt of the referred action, shall, by resolution, either recommend to approve, with or without conditions, or recommend to disapprove such final plat.

(5) If recommend for approval, the application shall then be considered complete, and the Town Board, at their next meeting, shall decide if a public hearing is required or not. (If the final plat is in substantial conformance with the preliminary plat, then a public hearing may not be required.) If a public hearing is required, a public hearing shall be held within 62 days of the complete application.

(6) If a public hearing is required, a notice of public hearing shall be advertised at least once in a newspaper of general circulation in the Town of Elma at least five days before such hearings.

(7) Within 62 days from the date of such public hearing (or referral by the Planning Board if no public hearing is held), the Town Board shall act by resolution on the final plat. The Town Board shall either approve, with or without conditions, or disapprove the final plat.

(a) Notwithstanding the foregoing provisions, the time in which the Town Board must take action may be extended by mutual consent of the applicant and the Town Board.

(8) Upon signature of all parties, the subdivision plat shall be filed by the applicant in the office of the County Clerk. Any major subdivision plat not so filed or recorded within 60 days of the date upon which such plat is approved or considered approved by reason of failure of the Town Board to act shall become null and void.

(9) If conditional approval is granted, the Town Board shall empower a duly authorized person or persons to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be so certified by the Clerk of the Planning Board (or Town Clerk) as conditionally approved and a copy filed in his office, and a certified copy mailed to the subdivider shall include a statement of requirements which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Town Board may, however, extend the time within which a conditionally approved plat may be submitted for signature if, in its opinion such extension is warranted, for a period not to exceed two additional periods of 90 days each.

F. Filing. Upon completion of the requirements in this section and those in §§ 123-11 and 123-12 of Article V and notation to that effect upon the subdivision plat, the subdivision plat shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Town Board upon receipt of notification that the required bond and insurance has had the approval of the Town Attorney. The final plat may then be filed by the applicant in the office of the Erie County Clerk. Town 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 cession to public use.

G. Expiration of approval.

(1) The final approval of a final plat or the certificate of the Town Clerk as to the failure of the Town Board to act within the time required by law shall expire within 60 days after the date of the Town Board resolution authorizing the duly designated officer of the Town Board to sign the drawings, or from the date the certificate is issued unless filing of the plat or a section thereof is accomplished within that time period in the office of the Erie County Clerk in accordance with § 278 of the Town Law.

(2) Expiration of an approval shall mean that any further action shall require payment of a new filing fee, as well as Town Board review of all previous findings. On and after such expiration of plat approval, any formal offers of cession submitted by the subdivider shall be deemed to be invalid, void and of no effect.

H. Filing in sections. At the time the Town Board grants plat approval, it may permit the plat to be divided into two or more sections subject to any conditions the Board deems necessary in order to ensure the orderly development of the plat. In accordance with § 276 of the Town Law, the applicant may file a section of the approved plat with the County Clerk. In these circumstances, plat approval on the remaining sections of the plat shall continue in effect for a period of three years from the filing date of the first section. When a plat is filed by section with the County Clerk, the applicant shall, within 30 days, file with the Town Clerk the entire approved preliminary plat. The subdivider shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk and the required improvements have been installed and approved in such section or a bond covering the cost of such improvements has been posted.