Whenever any minor or major subdivision of land,
or resubdivision of land is proposed to be made, no land may be sold
within such proposed subdivision and no structure may be erected until
said subdivider or his/her duly authorized agent shall apply in writing
for approval of such proposed subdivision in accordance with the following
procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 10 days prior to the regular meeting of the Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 437-25, of this chapter, for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider, or his/her 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 is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in this chapter. 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. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, §§ 437-7 and 437-11 of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 437-8, 437-9, 437-10 and 437-11 of this chapter.
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 recommendations in writing
to be incorporated by the applicant in the next submission to the
Planning Board. The Planning Board may also determine if the preliminary
plat shall be waived allowing the subdivider to proceed directly to
a final plat.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision or bulk land transfer by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. 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 by the Planning Board. Said application shall also conform to the requirements listed in Article V, § 437-26 of this chapter.
B.
Number of copies. Five copies of the subdivision plat
shall be presented to the Secretary of the Planning Board at least
10 days prior to a scheduled monthly meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his/her duly authorized representative, shall attend the meeting
of the Planning Board to discuss the subdivision plat.
D.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the respective regular monthly meeting of the Planning Board. Ten days, or more, prior to that meeting, the completed application and all data required by Article V, § 437-26, of this chapter shall have been filed with the Secretary of the Planning Board. The proper fees shall be paid the night of the meeting.
E.
Public hearing. A public hearing shall be held by
the Planning Board within 62 days from the time of submission of the
subdivision plat for approval. Said hearing shall be advertised in
a newspaper of general circulation in the Town at least five days
before such hearing. The newspaper shall be officially designated
by the Town Board.
F.
Action on subdivision plat or bulk land transfer.
The Planning Board shall, within 62 days from the date of the public
hearing, approve, modify and approve, or disapprove the subdivision
plat.
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application available from the Town Clerk for the consideration of a preliminary plat of the proposed subdivision, in the form described in Article V, § 437-27, hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law, and Article V, § 437-27, of this chapter, except where a waiver may be specifically authorized by the Planning Board.
B.
Number of copies. Five copies of the preliminary plat
shall be presented to the Secretary of the Planning Board at least
10 days prior to the respective regular monthly meeting of the Planning
Board.
C.
Coordination with the State Environmental Quality
Review Act. Subdivider shall comply with State Environmental Quality
Review Act (SEQRA) pursuant to the determination by the Planning Board.
D.
Receipt of a complete preliminary plat. A preliminary plat shall not be considered complete until five copies of the preliminary plat, accompanied by the required fee and all other data required by Article VI, § 437-30 hereof, has been filed with the Secretary of the Planning Board and 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 period for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
E.
Subdivider to attend Planning Board meeting. The subdivider,
or his/her duly authorized representative, shall attend the meeting
of the Planning Board to discuss the preliminary plat.
F.
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 unsubdivided, and
the requirements of the Master Plan, the Official Map, and zoning
regulations, if such exists.
G.
Planning Board as lead agency under the State Environmental
Quality Review Act; public hearing; notice; decision.
(1)
Public hearing on preliminary plats. The time within
which the Planning Board shall hold a public hearing on the preliminary
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act as
follows:
(a)
If such Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the public hearing on such plat shall be held within 62
days after receipt of a complete preliminary plat by the Secretary
of the Planning Board; or
(b)
If such Board determines 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 provisions
of the State Environmental Quality Review Act.
(2)
Public hearing; notice, length. The hearing on the
preliminary plat shall be advertised at least once in the official
newspaper so designated by the Town Board at least five days before
such hearing if no hearing is held on the draft environmental impact
statement, or 14 days before a hearing held jointly therewith. The
Planning Board shall send, by regular mail, a copy of the notice of
public hearing to all owners of property situated within 500 feet
of the subject of the preliminary plat at least 14 days before the
date of the hearing (for this purpose, the names and addresses of
owners as shown on the latest official assessment records of the Town
of Bergen shall be used). The Planning Board may provide that the
hearing be further advertised in such manner as it deems most appropriate
for full public consideration of such preliminary plat. The hearing
on the preliminary plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
(3)
Decision. The Planning Board shall approve, with or
without modification, or disapprove such preliminary plat as follows:
(a)
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, such Board shall make its decision within 62 days after
the close of the public hearing; or
(b)
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of the State Environmental
Quality Review Act. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary
plat.
(4)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
H.
Planning Board not as lead agency under the State
Environmental Quality Review Act; public hearing; decision.
(1)
Public hearing on preliminary plats. The Planning
Board shall, with the agreement of the lead agency, hold the public
hearing on the preliminary plat jointly with their lead agency's hearing
on the draft environmental impact statement. Failing such agreement,
the Planning Board shall hold the public hearing on the preliminary
plat within 62 days after receipt of a complete preliminary plat by
the Secretary of the Planning Board.
(2)
Public hearing; notice, length. The hearing on the
preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing is held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
The Planning Board shall send, by regular mail, a copy of the notice
of public hearing to all owners of property situated within 500 feet
of the subject of the preliminary plat at least 14 days before the
date of the hearing (for this purpose, the names and addresses of
owners as shown on the latest official assessment records of the Town
of Bergen shall be used). The Planning Board may provide that the
hearing be further advertised in such manner as it deems most appropriate
for full public consideration of such preliminary plat. The hearing
on the preliminary plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
(3)
Decision. The Planning Board shall by resolution approve,
with or without modification, or disapprove the preliminary plat within
62 days after the close of the public hearing on such preliminary
plat.
(a)
If the preparation of an environmental impact
statement on the preliminary plat is not required, the Planning Board
shall make its decision within 62 days after the close of the public
hearing on the preliminary plat.
(b)
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the preliminary plat within 62 days after the close of the public
hearing on such preliminary plat or within 30 days of the adoption
of findings by the lead agency, whichever period is longer.
(4)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
I.
Certification and filing of preliminary plat. Within
five business days of the adoption of the resolution granting approval
of such preliminary plat, such approved plat shall be certified by
the Secretary of the Planning Board and a copy of the plat and resolution
shall be filed with the Planning Board. A copy of the resolution shall
be mailed to the subdivider.
J.
Default approval of preliminary plat. The time periods
herein within which a Planning Board must take action on a preliminary
plat are specifically intended to provide the Planning Board and the
public adequate time for review and to minimize delays in the processing
of subdivision applications. Such periods may be extended only by
mutual consent of the subdivider and the Planning Board. In the event
a Planning Board fails to take action on a preliminary plat within
the time prescribed therefor after completion of all requirements
under the State Environmental Quality Review Act, or within such extended
period as may have been established by the mutual consent of the subdivider
and the Planning Board, such preliminary plat shall be deemed granted
approval. The subdivider may request a letter from the Secretary of
the Planning Board stating the date of submission of the preliminary
plat and the failure of the Planning Board to take action within the
prescribed time. Such letter shall be sufficient in lieu of written
endorsement or other evidence of approval herein required.
K.
Filing of decision on preliminary plat. Within five
business days from the date of the adoption of the resolution approving
the preliminary plat, the chairman or other duly authorized member
of the Planning Board shall cause a copy of such resolution to be
filed in the office of the Town Clerk.
L.
Revocation of approval of preliminary plat. Within
six months of the approval of the preliminary plat, the subdivider
must submit the plat in final form. If the final plat is not submitted
within six months, approval of the preliminary plat may be revoked
by the Planning Board.
M.
Additional considerations for approval of preliminary
plat. When granting approval of the preliminary plat, the Planning
Board shall state the terms of such approval, if any, with respect
to: the modifications to 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, morals, and general welfare;
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, morals, and general welfare;
and the amount of improvement or the amount of all bonds therefor
which it will require as prerequisite to the approval of the subdivision
plat. Approval of a preliminary plat shall not constitute approval
of the 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 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 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.
Application for approval and fee. The subdivider shall,
within six months after the conditional approval of the preliminary
plat, file with the Planning Board an application for approval of
the subdivision plat in final form, using the approved application.
All applications for plat approval for major subdivisions shall be
accompanied by a fee (see Fee Schedule).[1] If the final plat is not submitted within six months after
the conditional approval of the preliminary plat, the Planning Board
may refuse to approve the final plat and require resubmission of the
preliminary plat. Final plats may require further review under the
State Environmental Quality Review Act.
[1]
Editor's Note: Current Fee Schedule is on file in the Town
offices.
B.
Number of copies. A subdivider intending to submit
a proposed subdivision plat for the approval of the Planning Board
shall provide the Secretary of the Board with a copy of the application
and five copies on stable based material plus one Mylar copy of the
plat, the original and one true copy of all offers of cession, covenants,
and agreements, at least 10 days in advance of the regular monthly
Planning Board meeting at which it is to be officially submitted.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the respective regular monthly meeting of the Planning Board. Ten days, or more, prior to the meeting, the completed application for approval of the subdivision plat and all data required by Article V, § 437-28, of this chapter shall have been filed with the Secretary of the Planning Board. The proper fees shall be paid the night of the meeting. In addition, if the applicant elects to construct any or all required improvements [as specified in Article III, § 437-10A(2), hereof], the Town Engineer must file a certificate with the Planning Board stating that these improvements have been satisfactorily installed before the final subdivision plat shall be considered officially submitted.
D.
Endorsement of state and county agencies. Water and
sewer facility proposals contained in the subdivision plat shall be
properly endorsed and approved by the Genesee County Department of
Health. Applications 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 Genesee County Department
of Health shall be secured by the subdivider before official submission
of final subdivision plat.
E.
Final plats which are in substantial agreement with
approved preliminary plats. When a final plat is submitted which the
Planning Board deems to be in substantial agreement with a preliminary
plat approved pursuant to this section, the Planning Board shall by
resolution 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 Secretary of the Planning Board.
F.
Receipt of complete final plat when no preliminary
plat is required to be submitted. When no preliminary plat is required
to be submitted, a final plat application 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 such plat shall
begin upon filing of such negative declaration or such notice of completion.
G.
Final plats not in substantial agreement with approved
preliminary plats or when no preliminary plat is required to be submitted.
When a final plat is submitted which the Planning Board deems not
to be in substantial conformity with a preliminary plat approved pursuant
to this section, or when no preliminary plat is required to be submitted
and a final plat clearly marked "final plat" is submitted conforming
to the definition provided by this section, the following shall apply:
(1)
Planning Board as lead agency; public hearing; notice;
decision.
(a)
Public hearing on final plats. The time within
which the Planning Board shall hold a public hearing on such final
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act, as
follows:
[1]
If such Board determines that the preparation
of an environmental impact statement is not required, the public hearing
on a final plat not in substantial conformity with a preliminary plat,
or on a final plat when no preliminary plat is required to be submitted,
shall be held within 62 days after the receipt of a complete final
plat by the Secretary of the Planning Board; or
[2]
If such board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the final 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 provisions of
the State Environmental Quality Review Act.
(b)
Public hearing; notice length. The hearing on
the final plat shall be advertised at least once in the official newspaper
so designated by the Town Board at least 14 days before a hearing
held jointly therewith. The Planning Board shall send, by regular
mail, a copy of the notice of public hearing to all owners of property
situated within 500 feet which is the subject of the preliminary plat
at least 14 days before the date of the hearing (for this purpose,
the names and addresses of owners as shown on the latest official
assessment records of the Town of Bergen shall be used). The Planning
Board may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall make its
decision on the final plat as follows:
[1]
If such Board determines that the preparation
of an environmental impact statement on the final plat is not required,
the Planning Board shall by resolution conditionally approve, with
or without modification, disapprove, or grant final approval and authorize
the signing of such plat within 62 days after the date of the public
hearing; or
[2]
If such Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of the State Environmental
Quality Review Act. Within 30 days of the filing of the final environmental
impact statement, the Planning Board shall issue findings on such
final environmental impact statement and shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of the such plat.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
(2)
Planning Board not as lead agency; public hearing;
notice; decision.
(a)
Public hearing on final plat. The Planning Board
shall, with the agreement of the lead agency, hold the public hearing
on the final plat jointly with the lead agency's hearing on the draft
environmental impact statement. Failing such agreement, the Planning
Board shall hold the public hearing on the final plat within 62 days
after the receipt of a complete final plat by the Secretary of the
Planning Board.
(b)
Public hearing; notice; length. The hearing
on the final plat shall be advertised at least once in the official
newspaper so designated by the Town Board at least five days before
such hearing is held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
The Planning Board shall send, by regular mail, a copy of the notice
of public hearing to all owners of property situated within 500 feet
which is the subject of the preliminary plat at least 14 days before
the date of the hearing (for this purpose, the names and addresses
of owners as shown on the latest official assessment records of the
Town of Bergen shall be used). The Planning Board may provide that
the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such final plat. The
hearing on the final plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall by resolution
conditionally approve, with or without modification, disapprove, or
grant final approval and authorize the signing of such plat within
62 days after the close of the public hearing on such final plat.
The grounds for a modification, if any, or the grounds for disapproval
shall be stated upon the records of the Planning Board.
[1]
If the preparation of an environmental impact
statement on the final plat is not required, the Planning Board shall
make its decision within 62 days after the close of the public hearing
on the final plat.
[2]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the final plat within 62 days after the close of the public hearing
on such final plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
H.
Approval and certification of final plats.
(1)
Certification of plat. Within five business days of
the adoption of the resolution granting conditional or final approval
of the final plat, such plat shall be certified by the Secretary of
the Planning Board that conditional or final approval has been granted.
A copy of such resolution and plat shall be filed with the Planning
Board. A copy of the resolution shall be mailed to the subdivider.
In the case of a conditionally approved plat, such resolution shall
include a statement of the requirements which when completed will
authorize the signing thereof. Upon completion of such requirements,
the plat shall be signed by said duly authorized officer of the Planning
Board and a copy of such signed plat shall be filed in the office
of the Town Clerk.
(2)
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be subdivided and developed in two or more sections
and may in its resolution granting conditional or final approval state
that such requirements as it deems necessary to ensure the orderly
development of the plat be completed before said sections may be signed
by the duly authorized officer of the Planning Board. Conditional
or final approval of the sections of a final plat may be granted concurrently
with conditional or final approval of the entire plat, subject to
any requirements imposed by the Planning Board.
(3)
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval unless all requirements stated in
such resolution have been certified as completed. The Planning Board
may extend by not more than two additional periods of 90 days each
the time in which a conditionally approved plat must be submitted
for signature if, in the Planning Board's opinion, such extension
is warranted by the particular circumstances.
I.
Default approval of final plat. The time periods herein
within which the Planning Board must take action on a final plat are
specifically intended to provide the Planning Board and the public
adequate time for review and to minimize delays in the processing
of subdivision applications. Such periods may be extended only by
the Planning Board if such extension is appropriate to permit the
public adequate time to review the final plat. In the event a Planning
Board fails to take action on a final plat within the time prescribed
therefore after completion of all requirements under the State Environmental
Quality Review Act, or within such extended period as may have been
established by the mutual consent of the subdivider and the Planning
Board, such final plat shall be deemed granted approval. The certificate
of the Town Clerk as to the date of submission of the final plat and
the failure of the Planning Board to take action within the prescribed
time shall be issued on demand and shall be sufficient in lieu of
written endorsement or other evidence of approval herein required.
J.
Filing of decision on final plat. Within five business
days from the date of the adoption of the resolution approving the
final plat, the Chairperson or other duly authorized member of the
Planning Board shall cause a copy of such resolution to be filed in
the office of the Town Clerk.
K.
Notice to Genesee County Planning Board. The Secretary
of the Planning Board shall refer all applicable preliminary and final
plats to the Genesee County Planning Board as provided for in § 239-m
of the General Municipal Law and authorized by the Genesee County
Legislature.[2]
L.
Expiration of approval. The subdivider shall file
in the Office of the Genesee County Clerk such approved final plat
or a section of such plat within 62 days from the date of final approval,
or such approval shall expire. The following shall constitute final
approval: the signature of the Chairperson or other duly authorized
officer of the Planning Board following final approval by the Planning
Board of a plat as herein provided; or the approval by such board
of the development of a plat or plats already filed in the Office
of the Genesee County Clerk, if such plats are entirely or partially
undeveloped; or the certificate of the Town Clerk as to the date of
the submission of the final plat and the failure of the Planning Board
to take action within the time herein provided. In the event the subdivider
shall file only a section of such approved plat in the Office of the
Genesee County Clerk, the entire approved plat shall be filed within
30 days of the filing of such section with the Town Clerk. Such section
shall encompass at least 10% of the total number of lots contained
in the approved plat and the approval of the remaining sections of
the approved plat shall expire unless said sections are filed before
the expiration of the exemption period to which such plat is entitled
under the provisions of Subdivision 2 of § 265-a of NYS
Town Law.
M.
Subdivision abandonment. The owner of an approved
subdivision may abandon such subdivision pursuant to the provisions
of § 560 of the Real Property Tax Law.
A.
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
In an amount set by the Planning Board, the subdivider
shall either file with the Town Clerk a performance bond or letter
of credit to cover the full cost of the required improvements. Any
such bond shall comply with the requirements of § 277 of
the Town Law and shall be satisfactory to the Town Planning Board
and Town Attorney as to form, sufficiency, manner of execution and
surety. A period of one year (or such other period as the Planning
Board may determine appropriate, not to exceed three years) shall
be set forth in the performance bond within which required improvements
must be completed.
(2)
The subdivider shall complete all required improvements
to the satisfaction of the Town Engineer, who shall file with the
Planning Board a letter signifying the satisfactory completion of
all improvements required by the Board. For any required improvements
not so completed, the subdivider shall file with the Town Clerk a
performance bond or letter of credit covering the costs of such improvements
and the cost of satisfactorily installing any improvement not approved
by the Town Engineer. Any such performance bond shall be satisfactory
to the Town Planning Board and Town Attorney as to form, sufficiency,
manner of execution and surety.
(3)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a performance bond or letter of credit for all required improvements as specified in Subsection A(1), such bond or letter of credit shall not be released until such map is submitted.
B.
Modification of design improvements. If at any time
before or during the construction of the required improvements it
is demonstrated to the satisfaction of the Town Engineer that unforeseen
conditions make it necessary or preferable to modify the location
or design of such requirement improvements, the Town Engineer may,
upon approval by a previously delegated member of the Planning Board,
authorize modifications provided these modifications are within the
spirit and intent of the Planning Board's approval and do not extend
to the waiver or substantial alteration of the function of any improvements
required by the Board. The Town Engineer shall issue any authorization
under this section in writing and shall transmit a copy of such authorization
to the Planning Board at the next regular meeting.
C.
Inspection of improvements. At least five days prior
to commencing construction of required improvements, the subdivider
shall pay to the Town Clerk the inspection fee required by the Town
Board (see Fee Schedule[1]) and shall notify the Code Enforcement Officer and/or
Builder Inspector of the time when he/she proposes to commence construction
of such improvements so that inspection can be made to insure that
all Town specifications and requirements have been met during the
construction of the required improvements, and to ensure the satisfactory
completion of improvements and utilities required by the Planning
Board.
[1]
Editor's Note: Current Fee Schedule is on file in the Town
offices.
D.
Proper installation of improvements. If the Town Engineer
shall find, upon inspection of the improvements performed before the
expiration date of the performance bond, that any of the required
improvements have not been constructed in accordance with plans and
specifications filed by the subdivider, he shall so report to the
Town Board, Zoning Enforcement Officer, Code Enforcement Officer/Building
Inspector, and Planning Board. The Town Board then shall notify the
subdivider and, if necessary, the bonding company and take all necessary
steps to preserve the Town's rights under the performance bond. The
Planning Board shall approve no plat as long as the subdivider is
in default on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements in §§ 437-9 and and 437-10 above, 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 (Chairman or Acting Chairman) and may be filed by the applicant in the Office of the County Clerk. Any 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 the failure of the subdivider to act, shall result in the expiration and recision of such approval, 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. Evidence of filing or recording shall be presented to the Secretary of the Planning Board.
B.
Plat void if revised after approval. No change, erasure,
modification, or revision shall be made in any subdivision plat after
approval by the Planning Board endorsed in writing on the plat, unless
the plat is resubmitted to the Planning Board and any modification
approved is added to the endorsement. In the event that any subdivision
plat is recorded without complying with this requirement, the same
shall be null and void and the Board may take court action to have
said plat stricken from the records of the County Clerk.
A.
Public acceptance of streets. The approval by the
Planning Board of a 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 subdivision plat.
B.
Ownership and maintenance of recreation areas. When
a park, playground, or other recreation area shall have been shown
on a plat, the approval of the 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 deed and title, dedication,
and provision for the cost of grading, development, equipment, and
maintenance of any such recreation area.
The Planning Board is hereby authorized, in
its discretion, to approve cluster development simultaneously with
the approval of a plat or plats or plans pursuant to this chapter.
Such discretion shall be exercised by the Planning Board in situations
where it believes that application of cluster development is to the
benefit of the Town. The purpose of cluster development is to enable
and encourage feasibility of design and development of land is such
a manner as to preserve the natural and scenic qualities of local
land. Approval of cluster development shall be subject to the conditions
set forth in § 278 of NYS Town Law and this chapter as follows:
A.
Applicable zoning districts. Clustering shall be permitted only in those zoning districts where it is allowed under Chapter 475, Zoning.
B.
Permitted number of building lots or dwelling units. A cluster development shall result in a permitted number of building lots or dwelling units which shall not exceed the number that would be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 475, Zoning, for the district or districts in which such land is situated and all other applicable requirements. Where the plat falls into two or more contiguous districts, however, the Planning Board may approve a cluster development representing the cumulative density is derived from the summing of all units allowed in all such districts, and may authorize actual construction to take place in all or any portion of one or more of such districts.
C.
Conditions on the ownership, use and maintenance of
open lands. The Planning Board, as a requirement of plat approval,
may establish such conditions for the ownership, use and maintenance
of such open lands shown on the plat as deemed necessary to assure
the preservation of the natural and scenic qualities of such lands.
Any such conditions shall be approved by the Town Board before the
plat may be approved for filing.
D.
Plat requirements. The plat showing a cluster development
may include areas in which structures may be located, height and spacing
of buildings, open spaces and their landscaping, off street, open
and enclosed parking places, streets, driveways, and other features
required by the Planning Board. In case of a residential plat or plats,
the dwelling units permitted may be, at the discretion of the Planning
Board, undetached, semi-attached, attached or multi-storied structures.
E.
Procedures to be followed for cluster development.
(2)
A subdivider shall present along with his request for clustering, a standard sketch plan consistent with the criteria established by this chapter, including but not limited to streets being consistent with the street specifications, and lots being consistent with Chapter 475, Zoning..
(3)
If the application for clustering results in a final
plat showing land available for park, recreation, open space, or other
municipal purposes, directly related to the sketch plan, then conditions
as to ownership, use and maintenance of such lands necessary to assure
the preservation of such lands for their intended purposes shall be
made by the Planning Board and subject to Town Board approval.
(4)
Upon a determination by the Planning Board that such
Sketch Plan complies with the clustering requirements set forth herein,
a preliminary plat also meeting such requirements shall be presented
to the Planning Board, and thereafter the Planning Board shall proceed
in accordance with this chapter.
(5)
The proposed cluster development shall be subject
to review at a public hearing or hearings as required by this chapter
for approval of plats.
(6)
On the filing of a final plat in the Office of the
Genesee County Clerk, a copy shall be filed with the Town Clerk, who
shall cause to make appropriate notations and references thereto on
the Town's Zoning Map. The Town Clerk shall notify the Planning Board
Secretary, Zoning Enforcement Officer and Code Enforcement Officer/Building
Inspector when such plat is filed.
