The Planning Board hereby establishes procedures for the administration
of the subdivision regulations as they pertain to the manner in which
a subdivision will be considered for processing by the Planning Board.
The subdivider or his authorized agent will be expected to adhere
to the prescribed steps as follows.
The subdivider obtains a copy of the adopted and approved subdivision
regulations of the Village of North Collins. Copies of such regulations
may be obtained from the Village Clerk, together with all amendments
thereto, at no cost. The subdivider reads the subdivision regulations
thoroughly and in their entirety before proceeding further in the
subdivision administration process.
The subdivider requests in writing an informal meeting with
the Planning Board to discuss possible design of his proposed subdivision.
Included in this discussion are considerations involving requirements
for reservations of land, street improvements, sidewalks, drainage,
sewerage, water, fire protection, tree planting and similar aspects,
as well as the availability of existing services. To this informal
meeting the subdivider brings two copies of the property data map,
as described in the subdivision regulations, and files said copies
with the Planning Board. The subdivider's request for such an
informal meeting is made to the Chairman of the Planning Board except
during the months of July and August, unless regular meetings of the
Planning Board are scheduled in July and August. If the Planning Board
is in recess from its regularly scheduled meetings during July and
August, the Chairman may call a special meeting of the Planning Board,
upon request of a subdivider, provided that a quorum of members of
the Planning Board is available for such special meeting.
A.
In consideration of the discussion at the informal meeting, especially
as it pertains to site development requirements specified by the Planning
Board, the subdivider prepares a preliminary plan of his proposed
subdivision, as described in the subdivision regulations. The subdivider
then files with the Chairman of the Planning Board or his designee,
together and at the same time and at least seven days prior to a regular
meeting of the Planning Board, the following to be considered by the
Planning Board at said regular meeting:
(1)
Three copies of the preliminary plan.
(2)
Such supplemental information as may be required by the subdivision
regulations or the Planning Board.
(3)
A written application for tentative approval of the preliminary plan
by the Planning Board on forms, if any, as prescribed by the Planning
Board and available from the Village Clerk.
B.
If desired by the subdivider, upon his request approved by the Chairman
of the Planning Board, the two meetings between the subdivider and
the Planning Board as outlined in Steps 2 and 3 may be combined at
one regular meeting of the Planning Board with the proviso that all
documentation, as prescribed and required in Steps 2 and 3, are filed
properly as stipulated and the timing of such filing, as outlined
in Steps 2 and 3, is observed by the subdivider.
A.
The Planning Board does not approve, modify or disapprove the subdivider's
application for tentative approval of the preliminary plan at the
meeting when such application and plan is formally presented to and
filed with the Planning Board. The main purpose of said meeting is
to afford the subdivider an opportunity to discuss his preliminary
plan with the Planning Board in detail. The Planning Board will carefully
study the practicability of the preliminary plan, taking into consideration
the arrangement, location and width of streets, their relation to
the topography of the land, water supply, sewage disposal, provision
for storm drainage, lot sizes and arrangement, the future development
of adjoining lands as yet unsubdivided, the requirements for community
development as indicated in the Master Plan of the Village of North
Collins and the Official Map, if any, of the Village of North Collins
and/or the County of Erie.
B.
Within 60 days after said meeting, the Planning Board will convene,
either at a regular or special session, and act on the application
of the subdivider by approving, modifying and approving, or disapproving
the preliminary plan as submitted. It is at this point in the subdivision
administration process that the subdivider is notified in writing
by the Planning Board of any specific changes the Planning Board will
require in the preliminary plan and the character and extent of required
improvements and reservations which it will require as prerequisite
to approval of the final plat for record, pursuant to the powers of
plat approval as stated in the subdivision regulations and the Village
Law, especially § 7-730 thereof. All actions of the Planning
Board in reviewing a preliminary plan and decisions reached by said
Board will be communicated in writing to the subdivider involved.
Action by the Planning Board to approve a preliminary plan or action
to approve subject to modifications stipulated by the Board shall
constitute tentative approval of the preliminary plan, and the Village
Engineer shall be notified of such Board action. If the Planning Board
disapproves an application for tentative approval of a preliminary
plan, it shall so state its reasons therefor in writing to the subdivider
and inform him of deficiencies which must be resolved by the subdivider
prior to his resubmission of an application for tentative approval
based on a revised preliminary plan. [1]
After the preliminary plan is approved or approved subject to
modifications by the Planning Board, the subdivider proceeds to prepare
the final plat for record, as described in the subdivision regulations,
and prepare all supporting documentation as required by the regulations
and the Planning Board. The subdivider informs the Erie County Health
Department that his proposed subdivision has received tentative approval
or tentative approval subject to modifications. The subdivider must
secure written approval from said Department for whatever system of
water supply and sanitary facilities the subdivider contemplates to
serve adequately his proposed subdivision. If water is to be supplied
from a public water district, the subdivider should receive the district's
written approval. If connection with a public sanitary sewer district
is contemplated, the subdivider should receive the district's
written approval.
A.
[1] The subdivider has six months from the date of tentative
approval of the preliminary plan, with or without modifications, by
the Planning Board in which to file with the Planning Board a final
plat for record; otherwise, the Planning Board's approval or
approval subject to modifications of the preliminary plan is null
and void. If the subdivider chooses, he may submit as a final plat
for record only that portion of the preliminary plan, as approved
or approved subject to modifications by the Planning Board, that the
subdivider intends to have approved and filed in the office of the
County Clerk of the County of Erie. When the subdivider has completed
all of the requirements of the subdivision regulations and the Planning
Board prerequisite to filing a final plat for record, he files the
following, together and at the same time, with the Chairman of the
Planning Board or his designee, at least 14 days prior to a regular
or special meeting of the Planning Board at which said filing will
be considered by the Planning Board:
(1)
Eleven copies of the final plat for record.
(2)
A written application for approval of the final plat for record by
the Planning Board on forms, if any, prescribed by the Planning Board
and available from the Village Clerk.
(3)
A written statement from the Village Clerk that all filing fees payable
as stated in the regulations have been paid, in their entirety, to
the Village of North Collins.
(4)
A written statement from the Erie County Health Department and from
public water and public sanitary sewer districts, if applicable, approving
the subdivider's proposed system of water and sanitary facilities.
(5)
All supplemental information and documentation as required by these
regulations. All supplemental information and documentation as required
by the Planning Board at the time the Board granted tentative approval,
with or without modifications, of the preliminary plan.
(6)
A written statement from the subdivider indicating whether or not
the final plat for record complies in all respects with the preliminary
plan as tentatively approved by the Planning Board. The subdivider
should indicate specifically what changes, if any, were made in the
plat subsequent to tentative approval of the preliminary plan, other
than changes required by the regulations prior to submission of a
final plat for record.
(7)
A written statement from the subdivider listing the names and known
addresses of all land surveyors, engineers, lawyers and other persons
employed or retained by the subdivider to assist him in the preparation
of any map, plan, plat or other document pertaining to a proposed
subdivision filed with the Planning Board. If any such person named
is also employed, retained, elected or appointed to serve the Village
of North Collins, with or without remuneration, and is required in
any way to review, supervise, inspect, approve, pass upon or attest
to the acceptability of any such map, plan, plat or document so filed
in the subdivision review process or must approve, inspect, supervise
or pass judgment on the installation of required improvements within
an approved final plat for record, including the construction of any
roadway or street to be offered for dedication, the Planning Board
shall require the employment of independent experts to advise the
Board as may be necessary and may also recommend to the Village Board
that it employ independent experts prior to the dedication and acceptance
of any roadway or street as a village road or street. In such cases,
the entire expense of employment of such experts as may be required
by either the Planning Board or the Village Board, or both, shall
be borne by the subdivider.
(8)
A written statement from the Village Engineer that all public improvements
for a proposed subdivision, including but not limited to roads, streets
and sidewalks, as required by these regulations and/or as required
by the Planning Board, have been completed and are acceptable according
to minimum standards, if any, of the Village of North Collins for
such improvements or a written statement from the Village Attorney
of the Village of North Collins, approved by the Village Board, attesting
to the adequacy in amount and proper form of a performance bond(s)
tendered by the subdivider to the village to cover the total estimated
cost of such required improvements for the purpose of protecting and
indemnifying the Village of North Collins in case of default by the
subdivider in providing such required improvements in accordance with
minimum standards, if any, of the Village of North Collins.
B.
Upon the filing of the final plat for record and all required supplemental
data by the subdivider, the Planning Board checks the subdivider's
submission for completeness with these regulations and other requirements
as prescribed by the Planning Board. If in any way the subdivider's
filing is incomplete, the Planning Board will so note in its meeting
minutes and inform the subdivider in writing that his subdivision
is not officially submitted and what is required of the subdivider
to have his final plat for record submitted officially prior to the
Planning Board's scheduling of a public hearing thereon. If the
subdivider's submission is complete, the Planning Board notes
such in its meeting minutes by declaring the subdivider's filing
an official submission. The Planning Board proceeds to schedule a
public hearing thereon and so notifies the subdivider in writing.
Pursuant to § 7-728 of the Village Law, the Planning
Board holds a public hearing within 30 days after the Board has so
declared the subdivider's filing an official submission. Such
public hearing is advertised in the village's official newspaper
at least five days before such hearing.
Pursuant to § 7-728 of the Village Law, after the
public hearing on the subdivider's final plat for record, the
Planning Board meets within 60 days and either approves or disapproves
said plat. If said plat is disapproved, the Planning Board states
its reasons therefor in the minutes of said meeting and communicates
the same to the subdivider in writing, along with a detailed listing
of deficiencies causing such disapproval, which deficiencies, if corrected
and submitted properly again to the Planning Board in accordance with
its procedures (including, if deemed necessary by legal counsel, another
public hearing), could result in the Planning Board's approval
of a revised final plat for record. If the final plat for record is
approved by the Planning Board, the Planning Board notes such approval
in its minutes and affixes its official approval stamp on 11 copies
of the final plat for record. The date of such approval is also placed
on each of said copies, along with the signature of the Chairman of
the Planning Board or his designee. Thereupon, the Planning Board
returns three copies of said final plat for record to the subdivider.
No changes, erasures, modifications or revisions shall be made in
any final plat for record after approval has been given by the Planning
Board and such approval has been attested by the Board's official
stamp, with signature and date, on the plat. In the event that any
final plat for record, when recorded, contains any such changes, the
plat shall be considered null and void, and the Planning Board shall
institute proper proceedings to have said plat stricken from the records
of the County Clerk.
A.
Pursuant to § 7-728 of the Village Law, the subdivider
files the approved final plat for record with the County Clerk of
the County of Erie in a manner as prescribed by law or pursuant to
any additional procedures of the County Clerk. Such filing is required
to take place within 90 days after the Planning Board has officially
approved a final plat for record; otherwise such Planning Board approval
shall expire.
B.
Notwithstanding the above, the Planning Board may extend the time
for filing and recording such plat to two additional periods of 90
days each.
