A.
Applicants must meet with the Planning Board Chairman or designated
administrative assistant.
B.
The developer is made aware of the subdivision requirements.
C.
The developer is given copies of the subdivision application.
D.
The developer requests that the subdivision be placed on the Planning
Board agenda for sketch plan review.
E.
There shall be no fee for this preapplication procedure.
A.
No submission of sketch plan and fee.
(1)
Any owner of land shall, prior to subdividing or resubdividing land, submit to the Administrative Assistant official application forms along with 14 copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article IV, § 220-17, for purposes of classification and preliminary discussion. The Administrative Assistant shall immediately forward seven copies to the Planning Board and one copy to the Town Board, Town Engineer, Code Enforcement Officer/Building Inspector, and Highway Superintendent and retain one file copy. All submissions for a sketch plan review shall be accompanied by a fee as described in the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.
(2)
The names and addresses of all landowners immediately adjacent to
and immediately across the street from proposed subdivision shall
be provided as shown on the Town Assessor's current maps.
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 this
chapter for street improvements, drainage, 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 as a minor or major subdivision is to be made at this time. If classified as a minor subdivision, the subdivider shall comply with Article III, §§ 220-11 and 220-15, of this chapter. The Planning Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with some or all of the requirements specified for major subdivisions. If classified as a major subdivision, the subdivider shall comply with Article III, §§ 220-12 through 220-16.
(3)
Once classified as major subdivision by the Planning Board, no alterations
or improvements to the property may be made, e.g., excavation, topsoil
stripping, etc., without final plat approval or by special permission
from the Town Board or Planning Board. Complete supervision by the
Town Engineer must also be provided.
C.
Study of sketch plan. The Planning Board shall determine whether
the sketch plan meets the purposes of this chapter and shall, where
it deems it necessary, make specific recommendation, in writing, to
be incorporated by the applicant in the next submission to the Planning
Board.
A.
Submissions and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit to the Administrative Assistant a final subdivision plan in 14 copies. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board and to the requirements listed in Article IV, § 220-18.
(2)
All submissions for final plat approval for minor subdivisions shall
be accompanied by a fee as described in the Town of Pendleton Fee
Schedule, adopted by the Town Board by resolution, as may be amended
from time to time.
B.
Distribution of copies. The Administrative Assistant shall retain
one copy of the final subdivision plat and shall immediately forward
seven copies to the Planning Board and one copy to the Town Board,
Town Engineer, Town Assessor, Code Enforcement Officer/Building Inspector,
and Highway Superintendent for review.
C.
Subdivider to attend Planning Board meeting. The subdivider or his
duly authorized representative shall attend the meeting of the Planning
Board to discuss the final subdivision plat.
D.
Review by Planning Board. The Planning Board, Highway Superintendent,
Town Assessor, Town Engineer and Code Enforcement Officer/Building
Inspector shall review the final plat prior to approval.
F.
Public hearing. A public hearing shall be held by the Planning Board
within 62 days from the time of submission of the final subdivision
plat for approval. Said hearing shall be advertised in the official
newspaper of the Town at least five days before such hearing.
G.
Action on final subdivision plat.
(1)
The Planning Board shall, within 62 days from the date of the public
hearing, act to conditionally approve, conditionally approve with
modification, disapprove or grant final approval and authorize the
signing of the final subdivision plat. This time may be extended by
mutual consent of the subdivider and the Planning Board. Failure of
the Planning Board to act within such time shall constitute approval
of the plat.
(2)
In the event of conditional approval (with or without modification)
to the plat, the Planning Board shall empower a duly authorized officer
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 certified by the Administrative Assistant as conditionally
approved, a copy shall be filed in his/her office and a copy mailed
to the subdivider. The copy mailed to the subdivider shall include
a statement of such requirements which, when completed, will authorize
the signing of the conditionally approved plat. Upon completion of
such requirements, the plat shall be signed by the duly authorized
officer. 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 Planning 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 in the circumstances, for two additional periods not
to exceed 90 days each.
H.
Any or all road frontage, lots or parcels approved by the Planning Board as part of the minor subdivision process shall meet the minimum lot area requirements in the applicable zoning districts as found in Chapter 247, Zoning, of the Town Code:
I.
Transfer of excess land within the right-of-way. Prior to dedication
of a street, any land in excess of the minimum requirement for a street
right-of-way shall be deeded to the lot adjacent to the right-of-way.
A.
The submission and fee.
(1)
Within six months after classification as a major subdivision by the Planning Board, the subdivider shall submit to the Administrative Assistant a preliminary plat in 14 copies. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. Said plat shall be clearly marked "preliminary plat" and shall be in a form as described in Article IV, § 220-19, of this chapter.
(2)
The submission for approval of the preliminary plat shall be accompanied
by a fee as described in the Town of Pendleton Fee Schedule, adopted
by the Town Board by resolution, as may be amended from time to time.
B.
Distribution of copies. The Administrative Assistant shall retain
one copy of the preliminary plat and shall immediately forward seven
copies to the Planning Board and one copy to the Town Board, Town
Engineer, Town Assessor, Code Enforcement Officer/Building Inspector
and Highway Superintendent for review.
C.
Review by Planning Board. The Planning Board shall review the preliminary
plat for major subdivisions.
D.
Subdivider to attend Planning Board meeting. The subdivider or his
duly authorized representative shall attend the meeting of the Planning
Board to discuss the preliminary plat.
E.
Study of preliminary plat. The Planning Board shall 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 shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet subdivided and the requirements of the Comprehensive Plan and Chapter 247, Zoning, of the Town Code.
F.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the submission for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article IV, § 220-19, of this chapter, has been filed with the Administrative Assistant.
G.
Public hearing. Within 62 days after the receipt of such preliminary
plat by the Administrative Assistant, the Planning Board shall hold
a public hearing, which hearing shall be advertised at least once
in the official newspaper of the Town at least five days before such
hearing. Notice by mail will be sent by the Town Clerk five days before
a public hearing for the preliminary plat approval of a subdivision
to all owners of property immediately adjacent to and immediately
across the street from the proposed subdivision.
H.
Approval of the preliminary plat.
(1)
Within 62 days after the date of such hearing, the Planning Board
shall approve, with or without modification, or disapprove such preliminary
plat, and the ground of a modification, if any, or the ground for
disapproval shall be stated upon the records of the Planning Board.
The time in which the Planning Board must take action on such plat
may be extended by mutual consent of the subdivider and the Planning
Board. When so approving a preliminary plat, the Planning Board shall
state, in writing, modifications, if any, as it deems necessary for
submission of the plat in final form. Within five days of the approval
of such preliminary plat, it shall be certified by the Administrative
Assistant as granting preliminary approval and a copy filed in his/her
office and a copy mailed to the subdivider. Failure of the Planning
Board to act within such sixty-two-day period shall constitute approval
of the preliminary plat.
(2)
When granting approval to a preliminary plat, the Planning Board
shall state the terms of such approval, if any, with respect to:
(a)
The modifications to the preliminary plat.
(b)
The character and extent of the required improvements for which
waivers may have been requested and which, in its opinion, may be
waived without jeopardy to the public health, safety and general welfare.
(c)
The amount of improvement or the amount of all the bonds which
it will require as prerequisite to the approval of the final subdivision
plat.
(3)
Approval of a preliminary plat shall not constitute approval of the
final subdivision plat, but rather it shall be deemed an expression
of approval of the design submitted on the preliminary plat as a guide
to the preparation of the final subdivision plat, which will be submitted
for approval of the Planning Board and for recording upon fulfillment
of the requirements of this chapter. Prior to approval of the final
subdivision plat, the Planning Board may require additional changes
as a result of further study of the subdivision in final form or as
a result of new information obtained at the public hearing.
A.
Submission and fee. The subdivider shall, within six months after
approval of the preliminary plat, file the final plat with the Administrative
Assistant. The submission for final plat approval for a major subdivision
shall be accompanied by a fee as described in the Town of Pendleton
Fee Schedule, adopted by the Town Board by resolution, as may be amended
from time to time. If not submitted within six months after approval
of the preliminary plat, the Planning Board may refuse to approve
the final plat and require resubmission of the preliminary plat.
B.
Number and distribution of copies. The subdivider shall provide the
Administrative Assistant with 14 copies, plus one copy, in ink on
linen or an acceptable equal, of the plat, the original and one true
copy of all offers of cession, covenants and agreements and five sets
of all construction drawings. The Administrative Assistant shall retain
one copy of the final plat and shall immediately forward seven copies
to the Planning Board and one copy to the Town Board, Town Engineer,
Town Assessor, Code Enforcement Officer/Building Inspector and Highway
Superintendent for review. Construction plans shall be sent to the
Code Enforcement Officer/Building Inspector, Highway Superintendent
and two sets to the Town Engineer.
D.
Endorsement of state and county agencies. Submissions for approval
of plans for sewer or water facilities will be filed by the subdivider
with all necessary Town, county and state agencies. Endorsement and
approval by the Niagara County Department of Health shall be secured
by the subdivider before official submission of the final subdivision
plat.
E.
Review by Planning Board. The Planning Board shall review the final
subdivision plat.
F.
Public hearing. Within 62 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in the official newspaper of the Town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 220-12 of this article and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.
G.
Action on proposed final subdivision plat.
(1)
The Planning Board shall, by resolution, conditionally approve, conditionally
approve with or without modification, disapprove or grant final approval
and authorize the signing of such plat within 62 days of its receipt
by the Administrative Assistant if no hearing is held or, in the event
that a hearing is held, within 62 days after the date of such hearing.
This time may be extended by mutual consent of the subdivider and
the Planning Board. Failure to take action on a final plat within
the time prescribed thereafter shall be deemed approval of the plat.
The subdivider will be notified of Planning Board actions.
(2)
Upon resolution of conditional approval of such final plat, the Planning
Board shall empower a duly authorized officer to sign the plat upon
completion of such requirements as may be stated in the resolution.
Within five days of such resolution, the plat shall be certified by
the Administrative Assistant as conditionally approved and a copy
filed in his/her office and a copy mailed to the subdivider. The copy
mailed to the subdivider shall include a 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.
(3)
Conditional approval of a final 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 Planning 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 in the circumstances, for two additional periods not
to exceed 90 days each.
Applicable fees shall be as described in the Town of Pendleton
Fee Schedule, adopted by the Town Board by resolution, as may be amended
from time to time.
A.
The final approval and filing. Upon completion of the requirements in § 220-13 and notation to that effect upon the final subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the applicant in the office of the County Clerk. Any final subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved or considered approved by reasons of the failure of the Planning Board to act shall become null and void. The Planning Board may grant two additional ninety-day extensions for filing the final plat.
B.
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made in any final subdivision plat after approval
has been given by the Planning Board and endorsed in writing on the
plat, unless the said plat is first resubmitted to the Planning Board
and such Board approved any modifications. In the event that any such
final subdivision plat is recorded without complying with this requirement,
the same shall be considered null and void, and the Planning Board
shall institute proceedings to have the plat stricken from the records
of the County Clerk.
C.
Vacation of plats.
(1)
Any plat, or any part of any plat, may be vacated by the owner of
the premises, at any time before the sale of any lot therein, by written
instrument, to which a copy of such plat shall be vacated.
(2)
Such an instrument shall be approved by the Planning Board in like
manner as plats of subdivisions. The governing body may reject any
such instrument which abridges or destroys any public rights in any
of its public uses, improvements, streets or driveways.
A.
Public acceptance of streets. The approval by the Planning Board
of a final subdivision plat shall not be deemed to constitute or be
evidence of any acceptance by the Town of any street, easement or
other open space shown on such final subdivision plat.
B.
Ownership and maintenance of recreation areas. When a park, playground
or other recreation area shall have been shown on a final subdivision
plat, the approval of said plat shall not constitute an acceptance
by the Town of such area. The Planning Board shall require the plat
to be endorsed with appropriate notes to this effect. The Planning
Board may also require the filing of a written agreement between the
applicant and the Town Board covering future deeds and title, dedication
and provision for the cost of grading, development, equipment and
maintenance of any such recreation area.
