Whenever any subdivision of land is proposed, before any contract
for the sale of any part thereof, and before any permit for the erection
of a structure in such proposed subdivision shall be granted, the
subdividing owner, or his authorized agent, shall apply for and secure
approval of such proposed subdivision in accordance with the procedures
set forth in this article.
A.
Discussion of requirements and classification.
(1)
Before preparing the preliminary plat, the applicant shall discuss
with the Planning Board, or its representative, the requirements of
land, street improvements, drainage, sewerage, water, fire protection,
and similar aspects as well as the availability of existing services.
(2)
Classification of the proposed preliminary plat 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. The Board may require,
however, when it deems it 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 in these regulations.
B.
Application procedure. Prior to filing an application for the approval
of a subdivision plat, the applicant shall file an application for
the approval of a preliminary plat.
(1)
(2)
Fees may be charged for processing applications for plat approval
for minor subdivisions, preliminary plat approval for major subdivisions
and final plat approval for major subdivisions, as well as for site
plan reviews, public hearings, consulting fees, engineering expenses,
inspection expenses, bad check charges, state environmental quality
reviews, appeals, variances, special use permits and other administrative
actions. The fees shall be set by the Town Board by resolution and
may be changed from time to time in the same manner.
C.
Study of preliminary plat. The Planning Board will carefully study
the practicability of the preliminary plat, taking into consideration
the requirements of the community and the best use of the land being
subdivided. Particular attention will be given to the arrangement,
location, and width of streets, their relation to the topography of
the land, sewage disposal, drainage, lot sizes and arrangement, the
future development of adjoining lands as yet unsubdivided, and the
requirements of the Comprehensive Plan and the Official Map as they
may be adopted.
D.
Applicant to attend Planning Board meeting. The applicant or his
representative should be prepared to attend the next regular meeting
of the Planning Board and any subsequent meetings deemed necessary
by the Chairman of the Planning Board to discuss the preliminary plat.
E.
Required changes for conditional approval. Within 45 days after the
time of submission of a preliminary plat, the Planning Board shall
take action to conditionally approve, with or without modifications,
or disapprove such preliminary plat, and the grounds of any modification
required or the grounds for disapproval shall be stated upon the records
of such Planning Board. Failure of the Planning Board to act within
such forty-five-day period shall constitute a conditional approval
of the preliminary plat.
A.
Application procedure. Within six months of the conditional approval
of the preliminary plat, the applicant shall file with the Planning
Board an application for approval of a subdivision plat. The application
shall:
(1)
Be made on forms provided by the Planning Board at the time of conditional
approval of the preliminary plat.
(2)
Include the entire subdivision.
(4)
Comply in all respects with the preliminary plat as conditionally
approved.
(5)
Be presented to the Chairman of the Planning Board at least two weeks
prior to a regular meeting of the Board in order that a public hearing
may be scheduled and the required notice given.
B.
Official submittal date. The subdivision plat shall be considered
officially submitted only at the regular meeting of the Planning Board
following completion of the application procedure outlined above.
C.
Endorsement of State Health Department. The proposed subdivision
plat shall be properly endorsed by the State Health Department as
meeting the standards of the State Sanitary Code, Public Health Law,
or other applicable health code before any public hearing is scheduled.
The plat should be in final form before State Health Department approval.
D.
County notification. The Planning Board will also, if the county
has established a County Official Map, notify the Genesee County Planning
Board and the County Superintendent of Highways or Commissioner of
Public Works if the subdivision plat proposes structures or new streets
having frontage on, access to, or otherwise directly related to any
county road, existing or proposed, as shown on the County Official
Map. The County Planning Board reports to the Planning Board within
30 days on its approval or disapproval or on its approval subject
to stated conditions of the proposed subdivision plat. The plat may
be approved by the Town subject to stated conditions, notwithstanding
such report, when the application of such report will act to deprive
the owner of the reasonable use of his land.
E.
Public hearing. Before the Planning Board acts on any subdivision
plat, it shall hold a public hearing thereon within 30 days after
the time of official submittal date in accordance with § 276
of the Town Law. If any zoning changes are to be requested at the
time of approval of the subdivision plat, a public hearing thereon
must be held in accordance with Town Law. The two public hearings
may be held at the same time.
F.
Action on proposed subdivision plat. After careful study, the Planning
Board shall, within 45 days from the public hearing on the subdivision
plat, approve, modify, or disapprove such plat. The grounds for disapproval
of any plat shall be stated on the records of the Planning Board.
A subdivision plat shall not be signed by the authorized officers
of the Planning Board until the applicant has met all the conditions
of the action granting approval of such plat.
G.
Plat void if revised after approval. No changes, erasures, modifications,
or revisions shall be made in any subdivision plat after approval
has been given by the Board and endorsed, in writing, on the plat.
In the event that any subdivision plat, when recorded, contains any
such changes, the plat shall be considered null and void, and the
Board shall institute proceedings to have said plat stricken from
the records of the County Clerk.
H.
Signing of plat.
(1)
Every subdivision plat submitted to the Board for its approval shall
carry the following endorsement:
|
Approved by resolution of the Planning Board of the Town of
Batavia, New York, on the_____ day of__________, _____, subject to
all requirements and conditions of said resolution. Any change, erasure,
modification or revision of this plat, as approved, shall void this
approval. Signed this_____ day of ______, by
| |
|
______________________________
|
______________________________
|
|
Chairman
|
Secretary
|
(2)
In the absence of the Chairman or Secretary, the Acting Chairman
or Acting Secretary, respectively, may sign in his place. If there
is a County Official Map, such endorsement shall stipulate that the
plat does not conflict with the County Official Map or, in cases where
the plat does front on, or have access to, or is otherwise related
to roads or drainage systems shown on the County Official Map, that
such plat has been approved by the County Planning Board in the manner
specified by General Municipal Law.
A.
Improvements and performance bond. Prior to an action by the Planning
Board approving a subdivision plat, the applicant shall be required
to complete, in accordance with the Planning Board's decision
and to the satisfaction of the appropriate Town departments, all the
street, sanitary, and other improvements specified in the action approving
said plat or, as an alternative, to file with the Town Board a performance
bond in an amount estimated by the Planning Board to secure to the
Town the satisfactory construction and installation of the incomplete
portion of the required improvements. A period of one year, or such
other period as the Planning Board may determine appropriate, within
which required improvements must be completed shall be specified by
the Planning Board and expressed in the bond. Such performance bond
shall comply with the requirements of § 277 of the Town
Law and shall be satisfactory to the Town Board as to form, sufficiency,
and manner of execution. The bond shall provide that an amount determined
adequate by the Planning Board shall be retained for a period of one
year after the date of completion of the required improvements to
assure their satisfactory condition. All required improvements shall
be made by the applicant at his expense without reimbursement by the
Town or any district therein. Said improvements shall include the
following:
(1)
Streets and streetlighting facilities.
(2)
Street signs.
(3)
Curbs and gutters.
(4)
Grass curb strips.
(5)
Sidewalks.
(6)
Street shade trees.
(7)
Monuments.
(8)
Stormwater runoff system.
(9)
Sanitary sewage collection system.
(10)
Water supply system.
(11)
Park and recreation facilities.
(12)
Electrical, telephone, and utility lines.
(13)
Plantings and ground cover.
B.
Inspection of improvements. The Town shall employ an inspector to
act as agent of the Planning Board for the purpose of assuring the
satisfactory completion of improvements required by the Planning Board
and shall determine an amount sufficient to defray costs of inspection.
The applicant shall pay the Town costs of inspection before the subdivision
plat is signed for filing. If the Planning Board or its agent finds,
upon inspection, that any of the required improvements have not been
constructed in accordance with Planning Board recommendations or the
approved construction detail sheets, the applicant and the bonding
company will be severally and jointly liable for the costs of completing
said improvements according to specifications.
C.
Offers of cession and release.
(1)
The plat shall be endorsed with the necessary agreements in connection
with required easements or releases. Offers of cession to the Town
shall be presented prior to plat approval.
(2)
Formal offers of cession to the Town of all streets and parks not
marked on the plat with notation to the effect that such cession will
not be offered shall be filed with the Planning Board prior to plat
approval. If the owner of the land or his agent who files the plat
does not add as part of the plat a notation to the effect that no
offer of dedication of such streets, highways, or parks or any of
them is made to the public, the filing of the plat in the office of
the County Clerk or Register shall constitute a continuing offer of
dedication of the streets, highways, or parks or any of them to the
public, and said offer of dedication may be accepted by the Town Board
at any time prior to revocation of said offer by the owner of the
land or his agent.
(3)
Before final approval of the subdivision plat, the Planning Board
will require a certificate of approval from the Town Attorney as to
the legal sufficiency of the offers of cession by the subdivider of
the areas for public use, such as parks, streets, playgrounds, and
other areas.
Upon completion of all requirements set forth in the action
approving the subdivision plat and notation to that effect upon the
subdivision plat, it shall be deemed to have final approval and shall
be properly signed by the appropriate officer of the Planning Board
and may be filed by the applicant in the office of the Genesee County
Clerk. Any subdivision plat not so filed and recorded within 90 days
of the date upon which said plat is approved or considered approved
by reason of the failure of the Planning Board to act shall become
null and void unless the particular circumstances of said applicant
warrant the Planning Board to grant an extension, which shall not
exceed two additional periods of 90 days. The applicant shall provide
the Town Clerk with a copy of the plat certified by the Genesee County
Clerk as to being the true and certified copy of said plat on file
in the county office.
The approval by the Planning Board of a subdivision plat shall
not be deemed to constitute or imply the acceptance by the Town of
any street, park, playground, or other open space shown on said plat.
The Planning Board may require said plat to be endorsed with appropriate
notes to this effect. If the Planning Board determines that a suitable
park or parks of adequate size cannot be properly located in any such
plat or are otherwise not practical, the Board may require, as a condition
to approval of any such plat, a payment to the Town of a sum to be
determined by the Town Board, which sum shall constitute a trust fund
to be used by the Town Board exclusively for neighborhood park, playground,
or recreation purposes, including the acquisition of property. The
Planning Board may require the filing of a written agreement between
the applicant and the Town Board covering future title, dedication,
and provision for the cost of grading, development, equipment, and
maintenance of any park or playground area, as well as a written agreement
covering the maintenance and plowing of all streets within the subdivision
until such time as they are accepted for public maintenance by the
Town Board.
