Village of North Collins, NY
Erie County
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Table of Contents
Table of Contents
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]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.