Whenever any land separation, subdivision, or resubdivision of land is proposed, and before any contract for the sale of, or formal offer to sell any lots in such subdivision, land separation or resubdivision is made, and before any permit for the erection of a structure therein shall be granted, the subdivider shall apply in writing for approval of such proposed land separation, subdivision or resubdivision in accordance with the following procedures and/or Chapter 117, Land Separation.
A. 
Submission of sketch plan. A subdivider shall, prior to subdividing or resubdividing land, submit to the Town Clerk at least 10 days prior to the regular meeting of the Board, 10 copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article VI, § 152-17, for the purpose of preliminary discussion.
B. 
Discussion of requirements. The subdivider shall attend the meeting of the Planning Board to discuss the applicability of these regulations, including, but not limited to, those for street improvements, drainage, sewerage, water supply, and fire protection, as well as the availability of existing services, and other pertinent issues.
C. 
Study of sketch plan and classification of subdivision. The Planning Board shall determine whether the sketch plan complies with the requirements and purposes of these regulations and shall, where it deems it necessary, make specific recommendations in writing to be incorporated by the subdivider. The Planning Board shall also classify the proposed subdivision as either a major or minor subdivision and determine if preliminary plat shall be waived allowing the subdivider to proceed directly to a final plat.
A. 
Application and fee.
(1) 
Prior to the filing of an application for the approval of a final plat, the subdivider shall file an application with the Town Clerk for the approval of the preliminary plat (unless waived by the Planning Board) of the proposed subdivision, which application form shall be available at the Town Clerk's office. Such preliminary plat shall be clearly marked "preliminary plat" and shall comply with the requirements of Article VI, § 152-18. The preliminary plat shall also comply with the requirements set forth in the provisions of §§ 276 and 277 of NYS Town Law.
(2) 
The application for approval of the preliminary plat shall be accompanied by a fee as specified in the fee schedule established by separate resolution of the Town Board.
B. 
Number of copies. Twelve copies of the preliminary plat, in the form required by Article VI, § 152-18, shall be filed with the Town Clerk at the time of submission of the application for preliminary plat.
C. 
Receipt of a complete preliminary plat. A preliminary plat shall not be considered complete until 10 copies of the preliminary plat, accompanied by the required fee and all other data required by Article VI, § 152-18 hereof, has been filed with the Town Clerk 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 (SEQR). The time period for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
D. 
Subdivider to attend Planning Board meeting. The subdivider shall attend all meetings of the Planning Board during which the preliminary plat is reviewed.
E. 
Study of preliminary plat. The Planning Board shall study the practicability of the proposal set forth in the preliminary plat, taking into consideration the nature 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, stormwater drainage, erosion and sediment control, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, current zoning regulations, together with any existing Comprehensive Plan and Official Map.
F. 
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 the Planning 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 Town Clerk; or
(b) 
If the Planning 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. If no public hearing is held on the draft environmental impact statement, a public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion.
(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 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 which is the subject of the preliminary plat at least 10 days before the date of the hearing. 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. If no 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 the public hearing on the preliminary plat. 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.
G. 
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 or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after receipt of a complete preliminary plat by the Town Clerk.
(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 which is the subject of the preliminary plat at least 10 days before the date of the hearing. 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 as follows:
(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.
H. 
Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Town Clerk as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the subdivider.
I. 
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 certificate of the Town Clerk as to the date of submission of the preliminary 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 preliminary plat. Within five business days from the date of the adoption of the resolution approving the preliminary 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. 
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.
A. 
Application and fee. The subdivider shall, within six months after the approval or conditional approval of the preliminary plat, file with the Town Clerk an application for approval of the final plat, which application shall be available at the Town Clerk's office. All applications for final plat approval shall be accompanied by the fee as specified in the fee schedule established by separate resolution of the Town Board. If the final plat is not submitted within six months after the approval or conditional approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require the resubmission of the preliminary plat.
B. 
Number of copies. A subdivider shall also submit with the application and fee 12 prints of the final plat in the form required by Article VI, § 152-19, the original and eight true copies of all offers of cession, covenants, and agreements and four prints of all construction drawings.
C. 
When officially submitted. The time of submission of the final plat shall be considered to be the date on which the application for the final plat, the required fee, and all other data required by Subsection B above and Article VI, § 152-19, has been filed with the Town Clerk.
D. 
Endorsement of state and county agencies. Applications for approval of plans for water and/or sewer facilities will be filed by the subdivider with all necessary Town, county and state agencies. Water and sewer facility proposals contained in the final plat shall be properly endorsed and approved by the Genesee County Department of Health and/or the NYS Department of Environmental Conservation. Such endorsements shall be secured by the subdivider before submission of the final plat to the Town Clerk.
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 Town Clerk.
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 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 agreement 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 agreement 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 Town Clerk; 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. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days following filing of the notice of completion.
(b) 
Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the Town 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 which is the subject of the preliminary plat at least 10 days before the date of the hearing. 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 the Planning 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 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. If no 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 the public hearing on the final plat. 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 or if no public hearing is held on the draft environmental impact statement, 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 Town Clerk.
(b) 
Public hearing; notice; length. The hearing on the final 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 which is the subject of the preliminary plat at least 10 days before the date of the hearing. 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 as follows:
[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 Town Clerk as having been granted conditional or final approval, and a copy of such resolution and plat shall be filed in such Clerk's office. 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 insure 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 a 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 mutual consent of the subdivider and the Planning Board. In the event a Planning Board fails to take action on a final 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 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 Chairperson of the Planning Board shall refer all applicable preliminary and final plats to the Genesee County Planning Board as provided for in § 239-n of the General Municipal Law and authorized by the Genesee County Legislature.
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 duly authorized office of the Planning Board constituting final approval by the Planning Board of a plat as herein provided; or the approval of 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, performance bond or other security.
(1) 
Improvements. Before the Planning Board grants final approval of the final plat, 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 Planning Board and these regulations or provide a performance bond or other security as provided in Subsection A(2).
(2) 
Performance bond or other security.
(a) 
Furnishing of performance bond. As an alternative to the installation of infrastructure and improvements, as above provided, prior to Planning Board approval, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or a Town department designated by the Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Planning Board, shall be furnished to the Town by the subdivider.
(b) 
Security where plat approved in sections. In the event that the subdivider shall be authorized to file the approved plat in sections, as provided in § 152-6J, approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the office of the Genesee County Clerk or the furnishing of security covering the costs of such improvements. The subdivider shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the Genesee County Clerk and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.
(c) 
Form of security.
[1] 
Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution, and shall be limited to:
[a] 
A performance bond issued by a bonding or surety company;
[b] 
The deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state;
[c] 
An irrevocable letter of credit from a bank located and authorized to do business in this state;
[d] 
Obligations of the United States of America; or
[e] 
Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements.
[2] 
If not delivered to the Town, such security shall be held in a Town account at a bank or trust company.
(d) 
Term of security agreement. Any such performance bond or security agreement shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years; provided, however, that the term of such performance bond or security agreement may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the performance bond or security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security, or that the required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Town Board, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.
(e) 
Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board may thereupon declare the said performance bond or security agreement to be in default and collect the sum remaining payable thereunder, and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.
B. 
Mapping of completed improvements. The required improvements shall not be considered to be completed until their installation 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(1) above, then said map shall be submitted prior to endorsement of the final plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a certified check, performance bond, irrevocable letter of credit or other financial instrument as specified in Subsection A(2) above, such financial instrument shall not be released until the improvements have been completed and approved by the Town Engineer and such map is submitted.
C. 
Modification of design of 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 required improvements, the Town Engineer may, upon approval by a previously delegated member of the Planning Board, authorize such modifications, provided they are within the spirit and intent of the Planning Board's prior approval and do not extend any waiver or constitute substantial alteration of the function of any improvements required by the Planning 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 prior to its next regular meeting.
D. 
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 as specified in the fee schedule established by separate resolution of the Town Board, and shall notify the Town Board, in writing, of the time when he/she proposes to commence construction of such improvements so that the Town Board may cause proper inspection thereof.
E. 
Proper installation of improvements. If prior to the expiration date of the performance bond, irrevocable letter of credit or other applicable financial instrument, the Town Engineer determines that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he/she shall so report to the Town Board, Zoning Enforcement Officer, and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company, bank or other financial institution involved, and take all necessary steps to preserve the Town's rights under the financial instrument.
F. 
Default under previous final plat. No pending final plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved final plat.
A. 
Final approval and filing. Upon completion of the requirements of §§ 152-6 and 152-7 herein, and entry of a notation to that effect upon the final plat, it shall be deemed finally approved. The final plat shall then be signed by the Chairperson or other duly authorized officer of the Planning Board, and forwarded to the subdivider for filing at the Genesee County Clerk's office. Any final plat not so filed within 62 days of the date after which it is so signed or otherwise considered approved by the failure of the Planning Board to act as set forth in Article III, § 152-5J, shall become null and void.
B. 
Final plat void if revised after approval. No changes, erasures, modification(s), or revisions shall be made to any final plat after it has been approved by the Planning Board, and such approval has been endorsed in writing on the plat, unless the said Plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such final plat is filed without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the final plat stricken from the records of the Genesee County Clerk.
A. 
Public acceptance of streets. The approval by the Planning Board and subsequent filing of the final plat at the Genesee County Clerk's office shall not be deemed to constitute acceptance by the Town of any street, easement, or other open space shown on such final plat.
B. 
Ownership and maintenance of recreation areas. When a park, playground, or other recreation area shall have been shown on a final plat, the approval of said final plat shall not constitute an acceptance by the Town of such area, and the final plat shall be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the subdivider and the Town Board covering future deeding of title, dedication, and provision for the cost of grading, development, equipment, and maintenance of any such recreation area.
Whereas pursuant to resolution of the Town Board, adopted on April 12, 1971, the Planning Board is empowered to modify applicable provisions of Chapter 182, Zoning, of the Code of the Town of Stafford in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of the land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the procedure and standards.
A. 
Request by subdivider. A subdivider may request the use of § 278 simultaneously with or subsequent to presentation of the sketch plan as provided in Article III, Section § 152-4. However, any submission subsequent to preliminary plat approval shall require a reapplication for sketch plan review.
B. 
Sketch plan. A subdivider shall present along with a § 278 proposal 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 182, Zoning.
C. 
Park, recreation, open space or other municipal purposes. If the application of this procedure 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.
D. 
Preliminary and final plat submission. Upon determination that such sketch plan is suitable for the procedures under Section 278, a preliminary plat meeting the requirements of the Town Board enabling resolution shall be presented to the Planning Board and thereafter the Planning Board shall proceed in accordance with this Subdivision Law.
E. 
Filing, notation on Zoning Map. On the filing of a final plat at the Genesee County Clerk's office where § 278 has been used, the subdivider shall file a copy with the Town Clerk who shall make appropriate notations and reference thereto on the Town Zoning Map, and notify the Zoning Enforcement Officer when such a final plat is filed.