A.
General description. The following is a list of key
considerations governing the subdivision of land:
(1)
Subdivisions. Subdivisions proposed for the Town of
Clarence shall be considered either as major or minor subdivisions.
The Town Board may refer all major subdivisions and applications for
open area developments to the Planning Board to initiate a review
process.
[Amended 12-1-2010 by L.L. No. 4-2010]
(2)
Resubdivisions. Any change to an existing plat is
considered a resubdivision and thus, depending on the application,
requires approval of either the Town Board or Planning Board and may
be deemed by that approving body as a major or minor subdivision.
[Amended 12-1-2010 by L.L. No. 4-2010]
(3)
Surety. The Town Board can require that appropriate
surety be posted to assure that the project is constructed as designed
or to assure that conditions of approval are met.
(4)
Clustering. The Open Space Design Development (OSDD) Overlay District Zoning, which includes open space design development and incentive lot design developments, may be considered for any proposal. The Town Board shall have final authority to allow clustering to protect environmentally sensitive areas or preserve open space. The Planning Board may recommend that clustering be employed and shall refer the application back to the Town Board for consideration of clustering. OSDD standards as defined and detailed in Chapter 229, Zoning, must be met in approving such applications.
[Amended 12-1-2010 by L.L. No. 4-2010]
(5)
SEQRA. All proposals require appropriate environmental
reviews in accordance with the State Environmental Quality Review
Act (SEQRA).
B.
Parcel line adjustments.
(1)
Any applicant wishing to make a parcel line adjustment must submit sufficient information to the Planning and Zoning Office to allow review for compliance with this section and the Town of Clarence Zoning Law (Chapter 229 of the Code). This shall include six copies of a plat map sealed by a licensed surveyor reflecting both existing and proposed parcel boundaries, wells for potable water, and septic system locations, if any.
(2)
The Planning and Zoning Office shall refer parcel
line adjustment applications to the Planning Board Chairman, Town
Engineer, Town Assessor and Town Attorney. The application shall be
reviewed for compliance with all applicable zoning requirements, applicable
subdivision and New York State Department of Health regulations pertaining
to well and septic system distances from parcel boundaries, utility
easements, proximity to existing drainage facilities, and other engineering
and legal considerations.
(3)
Parcel line adjustments shall in no way create nonconforming parcels. Any parcel line adjustment that creates a nonconformity shall be denied. The applicant may appeal a decision on parcel line adjustments to the Zoning Board of Appeals following the procedures set forth in the Zoning Law (Chapter 229 of the Code of the Town of Clarence).
(4)
After receipt of approvals from the Town Engineer,
Town Attorney, Town Assessor and Planning Board Chairman, the Director
of Community Development may approve the parcel line adjustment.
(5)
The approved parcel line adjustment must be filed
with the Erie County Clerk's Office within 180 days of the date of
approval. In the event that the approved parcel line adjustment and
respective deeds are not filed within 180 days, the altered parcel
line shall become null and void as though it had never been approved.
C.
Subdivision processes. Minor subdivisions of land
are considered to be less complex projects and require a two-step
process for approval. Major subdivisions are considered complex divisions
of land and require a three-step process for approval.
A.
Applications. All related application forms are available
from the Planning and Zoning Department.
B.
Preapplication conferences. Preapplication conferences
with the Planning Board and/or the Director of Community Development
are encouraged and serve the following functions:
C.
Fees. All applications for subdivision approval shall
be accompanied by a fee to be established by resolution of the Town
Board. This fee shall be used to cover part of the cost of the subdivision
review process, including such administrative costs as public hearing
notices, inspections, and communications.
D.
Public hearing. All major subdivision proposals require
a public hearing before the body with final approval authority, either
the Town Board or Planning Board. Notice will be served to all owners
of property located within 500 feet of the parcel proposed for subdivision.
The public hearing is held to permit the public to learn details of
the proposed subdivision. Minor subdivisions shall be agenda items
on a public meeting of the Planning Board, noticed via the approved
notification policy of the Town. Free, open and orderly discussion
of the project and its impacts will be encouraged during the hearing.
[Amended 12-1-2010 by L.L. No. 4-2010]
E.
Environmental review. For all subdivisions involving
clustering, the Town Board will act as lead agency for SEQRA. For
all other subdivisions, the Planning Board will act as lead agency
under SEQRA.
[Amended 12-1-2010 by L.L. No. 4-2010]
F.
Review by other governmental agencies. All major subdivisions
shall be referred to all affected local, state and federal agencies.
Every subdivision plat must undergo review by the Town Engineer, who
will ascertain that civil engineering standards are met. All comments
received from reviewing agencies shall become a part of the permanent
public record of the project.
[Amended 12-1-2010 by L.L. No. 4-2010]
(1)
County
Planning Department review. The Town shall, where required by § 239-n
of the General Municipal Law, submit the plat to the Erie County Department
of Environment and Planning for review and recommendation. No final
decision will be rendered prior to the receipt of such recommendation
when the plat is referred pursuant to § 239-n.
(2)
County
Health Department approvals. The Town shall not approve any building
permits for a subdivision that requires a permit for a septic field
and that permit has not been issued by the Erie County Health Department
because of New York Realty Subdivision Law requirements (Article 11,
Title II, Public Health Law, and Article 17, Title 15, of the Environmental
Conservation Law).
G.
Date of receipt. Timetables for decisions shall commence
on the date of the first meeting of the body with final approval authority,
either the Town Board or Planning Board, subsequent to the filing
of a completed application.
[Amended 12-1-2010 by L.L. No. 4-2010]
H.
Zoning compliance required. All subdivisions of land shall be made in accordance with the Town of Clarence Zoning Law (Chapter 229 of the Code of the Town of Clarence).
I.
Property posting. The applicant must post a "pending
action" sign, as approved by the Town, within one week of submission
of the application to the Planning and Zoning Office and/or the Town
Clerk. The sign shall remain on the property until final disposition
of the application.
[Amended 12-1-2010 by L.L. No. 4-2010]
A minor subdivision plat shall be prepared and
submitted to the Planning Board for all proposed minor subdivisions.
This is a two-step process that involves Town departmental review
and Planning Board review and approval. The requirements and procedures
of this process are as follows:
A.
Requirements.
(1)
Nine copies of the minor subdivision plat, a completed application, and a fee as required by Chapter 99 of the Code of the Town of Clarence (Fees) shall be submitted to the Planning and Zoning Office for necessary review coordination.
(2)
Additional copies may be required to be submitted
to the Planning and Zoning Department if it is determined that other
officials, agencies or consultants need to be informed about the project.
(3)
The minor subdivision plat shall comply with the requirements
as developed by the Town Engineering, Planning, and Highway Departments
and as may be adopted by the Town Board.
B.
Procedures shall be as follows:
(1)
Completed application. Upon the receipt of an application
for a minor subdivision, the Director of Community Development or
designee shall review the application submitted to determine whether
it is complete in accordance with the standards of this chapter. The
Director of Community Development or designee shall place the matter
on the agenda of the next available Planning Board meeting. The Director
of Community Development shall distribute the plat to affected agencies,
including but not limited to the Town Engineer, the Building Department,
the Highway Superintendent, the Traffic Safety Board, the Fire Advisory
Board, the Town Assessor, and the Town Attorney.
(2)
Action on minor subdivision plat.
(a)
Prior to taking final action on the submitted application for a minor
subdivision, comments from all involved agencies and departments shall
be forwarded to the Planning Board through the Planning and Zoning
Office.
(b)
The Planning Board shall, by resolution, within 62 days of receipt
of complete application, approve conditionally, approve with or without
modification or disapprove such application. In the case of disapproval
of a proposed minor subdivision application, the Planning Board shall
identify reasons for disapproval in its minutes. Failure of the Planning
Board to act within the required time period shall constitute approval.
The time in which the Planning Board must take action may be extended
by mutual consent between the developer and the Planning Board.
(c)
Upon approval of a minor subdivision plat by the Planning Board,
the Planning Board Chairperson shall sign such plat for filing with
the Erie County Clerk's office.
(d)
Expiration of approval. An approved minor subdivision plat shall
be filed in the Erie County Clerk's office within 62 days from the
date of the signature of the Planning Board Chairperson. Failure to
file the plat within this period shall constitute expiration of approval.
(e)
Issuance of permits restricted. No site improvements within the subdivision
shall be installed until the plat has received final plat approval
by the Planning Board and surety has been posted pursuant to this
chapter. No building permits shall be issued within the proposed subdivision
until the plat has been filed in the Erie County Clerk's office and
notification of the filing has been received by the Assessor and the
Planning and Zoning and Building Departments.
A.
General principles. Major subdivisions are a three-step
process consisting of concept plan approval, development plan approval
and final plat approval as follows:
(1)
Concept plan. A concept plan is a subdivision map/plan
that has preliminary information about the proposed subdivision and
is used for discussion purposes and to determine compatibility with
existing and proposed land use regulations, including the adopted
Master Plan, and generally describes the proposed layout of the subdivision.
The purpose of the concept plan review is to provide the subdivider
with an opportunity to consult with the Town in order to save time
and money to come to an understanding as to the most desirable design
given the site constraints and the development requirements of the
Town. This plan may also be known as the sketch plan.
(2)
Development plan. A development plan is a subdivision
map containing more detailed refinement of the plats and is considered
the major design portion of the project. Development plan approval
allows an applicant to proceed with obtaining permits to commence
construction on required infrastructure to support the project. Under
State Town Law, this plan also includes a preliminary plat.
(3)
Final plat. A final plat is a refinement of the project
into its final acceptable form for utilization as a permanent record
on the project.
B.
Concept plan procedure.
(1)
Requirements.
(a)
Nine copies of a proposed concept plan and a completed application, including completion of a concept plan checklist and a fee, as required by Chapter 99 of the Code of the Town of Clarence, shall be submitted to the Planning and Zoning Department two weeks prior to a Town Board meeting. The copies shall be utilized for departmental reviews and files and for referrals to regional regulatory agencies.
(b)
Additional copies may be required at the request
of the Planning Board. Digital files will also be required for public
presentation purposes.
[Amended 12-1-2010 by L.L. No. 4-2010]
(c)
The concept plan shall comply with the Manual
of Standards for Land Development as developed by the Town Engineering
and Highway Departments and as adopted by the Town Board.
(d)
The concept plan shall meet all of the requirements
in the concept plan review checklist made available in the Planning
and Zoning Department.
(2)
Process.
(a)
Completed application. Upon the receipt of an
application for a concept plan review, the Director of Community Development
shall review the application submitted to determine whether it is
complete in accordance with the standards of this chapter. The Director
of Community Development shall meet with the Planning Board Executive
Committee before placing the matter on the agenda of the next available
Town Board meeting for discussion purposes. The Director of Community
Development will distribute the concept plans to affected agencies
and departments for review and comment.
[Amended 12-1-2010 by L.L. No. 4-2010]
(b)
Referral. If the Town Board determines that
the proposed subdivision application is in substantial conformance
with the adopted comprehensive Master Plan in terms of land use, community
character, and substantial conformance with these regulations, the
application may be referred to the Planning Board for further review
and for coordinated review under SEQRA.
[Amended 12-1-2010 by L.L. No. 4-2010]
(c)
Notification. The Director of Community Development
will notify adjacent property owners in accordance with the Town's
adopted notification policy that the property is currently under concept
plan review. The date and time of a Planning Board meeting to introduce
the concept will be identified to welcome adjoining property owners
to comment on the proposal. The Planning Board will hold a preliminary
review of the prospective plans and alternative development scenarios
in order to achieve the best overall concept.
(d)
State Environmental Quality Review Act (SEQRA).
The Planning Board shall study the concept plan of a proposed subdivision
in relation to existing and potential development of the adjacent
area, compliance with zoning, environmentally sensitive areas and
general development patterns of the Town. Prior to taking any formal
action on the application, the lead agency shall take appropriate
actions under SEQRA.
[Amended 12-1-2010 by L.L. No. 4-2010]
(e)
Planning Board action on the concept. Upon completion
of SEQRA, the Planning Board shall thereafter convey a written report
or provide minutes of Planning Board meetings relative to the concept
plan, with comments, to the subdivider. The report or minutes shall
contain the Planning Board's comments concerning the design of the
proposed subdivision, as well as any suggestions as to coordination
with the design of the adjacent subdivisions or compliance with requirements
of other affected public agencies. Copies of minutes of the relevant
meetings shall be considered a sufficient written report.
(f)
Public hearing.
[1]
The body with final approval authority, either
the Town Board or Planning Board, shall set a date for a public hearing
to consider the concept plans and take an action.
[Amended 12-1-2010 by L.L. No. 4-2010]
[2]
The public hearing will be held within 45 days
of the receipt of a complete application.
[Amended 12-1-2010 by L.L. No. 4-2010]
[3]
The notice of the public hearing shall be advertised
at least once in the Town newspaper at least five days before such
hearing is held. Owners of property located within 500 feet of the
land proposed for subdivision shall be sent a copy of the notice by
the Director of Community Development, in accordance with the Town
Board public notification policy.
(g)
Planning Board action on concept. No later than
62 days following the initial introduction of the proposed subdivision,
unless required reviews under SEQRA have legally delayed the process,
and after the public hearing, the body with final approval authority,
either the Town Board or Planning Board, shall either approve the
concept plans as submitted, approve with modifications, or deny the
application for just cause. The resolution shall contain the findings
of fact generated from the public hearing and agency and departmental
review of the project.
[Amended 12-1-2010 by L.L. No. 4-2010]
C.
Development plan procedure.
(1)
A sufficient number of copies of the development plan and construction detail of the proposed improvements, a completed development plan checklist, an application, and the fee as required by Chapter 99, Fees, shall be submitted to the Planning and Zoning Department two weeks prior to a Planning Board meeting. This must occur within two years of the date of the resolution approving the concept plan. The body with final approval authority, either the Town Board or Planning Board, may, by resolution, authorize an extension beyond the two-year limit.
[Amended 12-1-2010 by L.L. No. 4-2010]
(2)
Additional copies may be required to be submitted
to the Planning Board, which may determine that other officials, agencies
or consultants need to be informed about the project.
(3)
The development plans shall comply with the Manual
of Standards for Land Development of the Town of Clarence and any
protective covenants or deed restrictions.
(4)
The development plans shall comply with the conditions
made in the final report on the concept plan.
[Amended 12-1-2010 by L.L. No. 4-2010]
(5)
The development plan shall be clearly marked "preliminary
plat" and shall satisfy the requirements for such plats as described
in the Manual of Standards for Land Development of the Town of Clarence.
(6)
The development plan shall comply with the development
plan review checklist made available in the Planning and Zoning Department.
D.
General procedures.
(1)
Completed application. Upon receipt of an application
for a development plan review, the Planning Board shall review the
application submitted to determine whether it is complete in accordance
with the standards of this chapter. The Director of Community Development
also may distribute the preliminary plat to the affected agencies,
including but not limited to the Town Assessor, the Town Engineer,
the Highway Superintendent and the Building Department, for comment.
Accompanying the preliminary plat shall be all documents showing construction
details of proposed improvements, any supporting materials or engineering
reports, and a completed environmental review form.
(2)
The Planning Board will review the development plan
and the comments from the agencies to which the plat was referred.
The Planning Board then may refer the subdivider to appropriate officials
or agencies to resolve any issues of design or legal requirements
of the respective agencies.
E.
Action on development plan.
[Amended 12-1-2010 by L.L. No. 4-2010]
(1)
The
Planning Board shall, within 45 days after the receipt of a completed
development plan application, including all required departmental
and regulatory agency approvals, recommend approval conditionally,
approval with or without modification or disapproval of such development
plan. The resolution shall contain the findings of fact generated
from agency review of the project.
(2)
Notification.
Notification of action shall be mailed to the subdivider and filed
in the Town Clerk's office within seven working days of the date of
the body with final approval authority, either the Town Board or Planning
Board, action. Failure of said body to act within the required time
period shall constitute approval. Notwithstanding these provisions,
the time in which the Board must take action may be extended by mutual
consent of the applicant and said body.
(3)
Approval
of development plans shall allow the applicant to proceed to pursue
the necessary permits to proceed with construction. No construction
activity shall commence without first obtaining development plan approval
from the Planning Board and the appropriate regulatory agency and
departmental permits.
F.
Completion of improvements; expiration; certificate
of approval.
(1)
Completion of improvements. The developer shall complete
all improvements in accordance with the approved development plans.
The quality of the improvements must be in accordance with final development
plans. Their quality also must be acceptable to the Town Engineer,
the Highway Superintendent, the Planning and Zoning Department, or
any other agency having jurisdiction.
(2)
Expiration. Approval shall expire two years after
the date of the resolution granting approval, unless major construction
has commenced. Major construction consists of infrastructure such
as roads, water and sewer line extensions or other such similar improvements.
Upon mutual consent of the developer and the body with final approval
authority, either the Town Board or Planning Board, the approval period
may be extended up to an additional two years.
[Amended 12-1-2010 by L.L. No. 4-2010]
(3)
Certificates of subdivision completion. Upon completion
of improvements in accordance with the approved development plans,
an inspection shall be made of the project by municipal officials
who have jurisdiction over various improvements installed. Upon satisfactory
review, a certificate of subdivision completion shall be issued by
the Town Engineer. Acceptance of offers of dedication and release
of the final performance bond shall be prerequisites to the issuance
of the certificate.
G.
Surety. Provisions of this section are administered
as provided for in § 277 of the Town Law of the New York
State statutes.
A.
Purpose. This step provides for the final refinement
and documentation of information submitted in the Development Plan
review procedure, finalizing information about site design and improvements.
This information permits the Town Board, the Planning Board and Planning
and Zoning Department, the Building Department, and the Town Engineer
and the Town Attorney to make decisions concerning the final dedication
and acceptance of the proposed subdivision. Some important considerations
include but are not limited to:
(1)
Conditions of the preliminary plat approval.
(2)
Mitigating measures resulting from environmental review.
(3)
Offers of dedication.
(4)
Requirements of outside agencies.
(5)
The final plat shall be clearly marked "final subdivision
plat" and shall satisfy the requirement for such plat as described
in the design and construction standards for land development of the
Town of Clarence.
(6)
) If the subdivider wishes to develop the subdivision
in phases, a subdivision plat covering a portion of the area encompassed
by the preliminary plat must be submitted, provided that the proposed
development phases were generally indicated on the preliminary plat
approved by the body with final approval authority, either the Town
Board or Planning Board. However, no more than two individual phases
shall be in the process or under construction at any time.
[Amended 12-1-2010 by L.L. No. 4-2010]
B.
Procedures.
(1)
Completed application. Upon receipt of an application
for a final plat review, the Director of Community Development shall
review the application submitted to determine whether it is complete
in accordance with the standards of this chapter. The Director of
Community Development also will distribute the final plat to the affected
agencies, including the Town Engineer, Town Attorney, Town Assessor,
Highway Superintendent and the Building Department for review and
comment.
(2)
The Town Board at this time shall process any requests
for formation or extension of special districts.
(3)
Action on final subdivision plat. The body with final
approval authority, either Town Board or Planning Board, shall, by
resolution within 62 days after the date of the completed submittal,
approve, conditionally approve or disapprove such a plat. The resolution
shall contain the findings of fact from agency review and from the
public hearing, if one has been held. Notwithstanding these provisions,
the time in which said body must take action may be extended by mutual
consent of the applicant and said body.
[Amended 12-1-2010 by L.L. No. 4-2010[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
B(4) through (8) as Subsection B(3) through (7), respectively.
(4)
Notification of action shall be mailed to the subdivider
and filed in the Town Clerk's office within seven working days of
the date of Town Board action. In the case of disapproval of a proposed
plat, the Town Board shall state its reasons for denial in its minutes.
A letter stating the reasons for denial shall be sent by the Town
Board to the applicant. Failure to act within the required time period
shall constitute approval. The certificate of the Town Clerk as to
the date of submission and/or hearing and the failure to take action
within such prescribed time shall be issued on demand and shall be
sufficient in lieu of written approval.
[Amended 12-1-2010 by L.L. No. 4-2010]
(5)
Conditional approval. Upon resolution by the body
with final approval authority, either the Town Board or Planning Board,
of a conditional final plat approval, the Town Clerk shall sign the
plat, subject to completion of such requirements as may be stated
in the said body’s resolution. Conditional approval shall expire
within 180 days after the date of the resolution granting conditional
approval unless all such requirements are completed. This period may
be extended by the said body for up to two ninety-day periods beyond
the initial period of 180 days. Within five days of the resolution
of conditional approval, the plat shall be certified by the Town Clerk
as conditionally approved. A sufficient number of copies shall then
be filed in the Planning and Zoning office and the Erie County Clerk's
office.
[Amended 12-1-2010 by L.L. No. 4-2010]
(6)
Issuance of building permits restricted.
(a)
No building permits shall be issued within the
proposed subdivision until the final plat has been signed by the Town
Clerk and filed with the County Clerk. Notification of such filing
must be received by the Planning Board and the Building Department
prior to the issuance of permits. When a certificate of occupancy
is requested for a new building in a subdivision prior to the completion
of all improvements shown on the approved subdivision plat, the utilities
and streets serving the building shall be completed to a degree satisfactory
to the Town Engineer. The decision of the Engineer shall be based
upon the following considerations:
[1]
Adequate vehicular access for the prospective
occupant and emergency vehicles, including permanent road signage
as approved by the Highway Superintendent.
[2]
Services adequate or completed, including water
systems and an approved means to dispose of sanitary wastes.
[3]
Structure completed to the satisfaction of the
Code Enforcement Officer, who shall utilize standards set forth in
the New York State Fire Prevention and Building Code.
[4]
Where such certificate of occupancy has been
issued, the streets and utilities proposed for dedication shall be
maintained in a suitable condition by the subdivider at his expense
and liability until such time as it is accepted by the Town Board.
(7)
Expiration of the final plat. The owner shall file
an approved final plat with the Erie County Clerk's Office within
62 days of Town Board approval or such approval shall expire.
A.
Purpose. The purpose shall be to provide certain utilities
and services, on an equitable basis, and also to assure a means of
ongoing maintenance of those utilities and services; the Town of Clarence
will create or extend special districts. These districts shall be
formed in conformance to the provisions of New York State Town Law
and as also set forth in these regulations. The formation of these
special districts is accomplished to assure that only those who benefit
from the installation of those utilities and services are responsible
for paying for their installation and maintenance. Special districts
must be in place prior to approval of any subdivision that will utilize
such facilities.
B.
Requirements.
(1)
Requirements to create or extend districts are set
forth in Article 12 of New York State Town Law.
(2)
Applications to create or extend a district must be accompanied by the required fee, as set forth in Chapter 99 of the Code of the Town of Clarence (Fees), and metes and bounds description of the district and a description of any easements or other information required to form the type of district requested. One copy of any application and accompanying materials to be presented to a state agency whenever necessary is required as part of the process of obtaining final plat approval.
(3)
Procedures. Application for the formation of a district
is processed as follows:
(a)
Applications for state approval are submitted
to the Town Board through the Planning and Zoning Department.
(b)
The Director of Community Development refers
the Town application and accompanying documents for processing.
(c)
The Town Board must ensure that the following
procedural steps are completed:
[1]
The documents are forwarded to the Town Engineer,
who prepares the maps and plats for the creation or extension of the
district.
[2]
The Town Attorney or designee receives and reviews
all documents to assure that all provisions of Article 12 of the New
York State Town Law and all other legal requirements are met. If all
matters are in compliance, the Town Attorney's office or its designee
shall prepare:
[3]
All proposed districts are in compliance with
the Town's adopted comprehensive Master Plan.
(d)
Public hearing. Upon receipt of a completed
application for the district and recommendation of the Town Attorney,
the Town Board shall schedule and hold a public hearing on the proposed
district or extension of a district. The purpose of the public hearing
is to permit free and open discussion of the proposed district. Notice
of the public hearing shall be published in accordance with the provisions
of New York State law. If the Town Board determines the proposal meets
all state and local requirements, the district shall be created or
extended by resolution of the Town Board.
(e)
Notification. Notification of the decision shall
be the responsibility of the Town Clerk and shall be performed in
accordance with all provisions of state law. Final documentation concerning
the creation or extension of the district shall become a part of the
permanent public record of the subdivision and distributed by the
Town Clerk accordingly.
