A.
Applications for subdivision, resubdivision and lot line revision
approval under this chapter shall comply fully with the applicable
provisions of Article 16 of the Town Law, the Public Health Law, and
this chapter. Due care in the preparation of the maps and other information
called for will expedite the process of obtaining approval of a subdivision,
a resubdivision or a lot line revision.
B.
When any subdivision, resubdivision or lot line revision of land
is proposed, and before any contract for the sale of land or any offer
to sell such subdivision, resubdivision or land with a lot line revision,
or any part thereof, is made, or any grading, clearing, construction
or other improvement is undertaken therein, the applicant or his duly
authorized agent shall apply in writing for approval of such proposed
subdivision, resubdivision or lot line revision in accordance with
the procedures set forth in this chapter.
A.
A sketch plan review is recommended prior to submission of a formal
application for subdivision approval. The sketch plan review is intended
to reduce the review time for Planning Board consideration of proposed
subdivisions by allowing early review of the plan. Upon the request
for sketch plan review, the Planning Board shall notify the applicant
of the place, date, and time of the meeting at which the sketch plan
is to be considered. The applicant or the applicant's representatives
shall be present at the meeting to discuss the application. The sketch
plan review shall be limited to a review of the basic concept of the
proposal with respect to the minimum area, yard and bulk requirements
of the district in which the property is located, and to identify
problems with meeting the requirements of this chapter which might
occur during formal Planning Board consideration. The sketch plan
review and consultation shall be nonbinding. After the sketch plan
review, nothing herein shall be construed to prevent an applicant
from submitting a formal application for subdivision approval to the
Planning Board. Although not required, applicants are encouraged to
commence discussions with the owners of land abutting or in proximity
to the project site to ascertain local concerns and local development
issues early in the project design process.
A.
Minor subdivision criteria. The following subsection sets forth the
criteria of a minor subdivision wherein the proposed subdivision is
exempt from Planning Board approval.
(1)
A minor subdivision is one:
(a)
That contains not more than four lots fronting on an existing
street.
(b)
That does not require the construction of any new streets or
roads.
(c)
That does not adversely affect the development of the remaining
lands of the subdivision.
(d)
That does not adversely affect the development or quiet enjoyment
of adjoining property.
(f)
Where each proposed lot is of a size and configuration so as
to provide, if applicable, the minimum separation distances and meet
the design standards for on-site water supply and sewage disposal
systems as established by the Erie County Department of Health.
(2)
A proposed minor subdivision that does not meet each of these criteria
shall be subject to the major subdivision review procedures. Nothing
herein shall be interpreted to prohibit the use of the procedures
for review of a major subdivision for any subdivision, where the Planning
Board determines that processing of the application as a major subdivision
is necessary to protect the public health, safety and welfare.
(3)
In the case of a minor subdivision, no more than four lots shall
be created either simultaneously or sequentially from a parent parcel
within a three-year period. Should more than four lots be created
within a three-year period, the Planning Board shall consider it to
be a major subdivision and shall require application as such, requiring
the applicant to provide all of the information required of a major
subdivision for the previously subdivided lots as well as for any
lots under consideration in the application.
A.
Application and fee. Prior to the filing of an application for the approval of a final plat for a major subdivision, the applicant shall submit an application for approval of a preliminary subdivision plat. All applications for preliminary subdivision approval shall be in writing and on forms and in such quantity as may be prescribed by the Planning Board, together with a fee as set by the Town Board. The preliminary plat shall, in all respects, comply with the requirements set forth in this chapter and the provisions of §§ 276 and 277 of the Town Law, except where a waiver of such requirements may be specifically authorized by the Planning Board. Said application shall also conform to the requirements listed in § 267-21.
B.
Purpose. The preliminary layout, the application, and all supporting
documents for a proposed subdivision constitute the material to be
officially submitted to the Planning Board. On the basis of the general
design of the subdivision and any proposed or required public improvements,
the Planning Board will indicate its approval or disapproval of the
preliminary plat prior to the time that the final plat, including
the design and detailing of the improvements and utilities, is completed.
Approval of the preliminary layout does not constitute an approval
of the final plat, nor shall it be considered a valid basis for filing
of the preliminary plat with the County Clerk, or the construction
of site improvements, or for other commitments which depend upon detailed
design characteristics.
C.
When officially submitted. An application submitted under this section
shall be deemed received at the next regular meeting of the Planning
Board at which the application is to be considered. An application
shall be placed on the Planning Board agenda only upon payment of
the application fee as set by the Town Board along with an environmental
assessment form and the number of copies of the plat map as specified
by the Planning Board.
D.
Applicant to attend Planning Board meetings. The applicant or his
duly authorized representative shall attend meetings of the Planning
Board at which the application is considered to discuss the preliminary
plat. Although not required, applicants are encouraged to commence
discussions with the owners of land abutting or in proximity to the
project site to ascertain local concerns and local development issues
early in the project design process.
E.
Information waiver. The Planning Board may grant a waiver from the
information requirements of this section where it determines that
such information is not relevant to, or is not otherwise required
to conduct, the review of the application.
F.
Study of preliminary plat. The Planning Board shall study the proposed
preliminary plat, taking into consideration the goals and policies
of the Town Comprehensive Plan for the district in which the parcel
is located, the needs of the community, the requirements of the Town
Zoning Law and this chapter, 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, vehicular and pedestrian access, preservation
of natural resources, relationship to improvements on adjacent and
neighboring land, drainage, lot sizes and arrangement, and the future
development of adjoining lands as yet unsubdivided, including those
lands depicted on the Official Map.
G.
Compliance with the State Environmental Quality Review Act.[1] A preliminary 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 a preliminary plat
application shall begin upon filing of such negative declaration or
such notice of completion.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation
Law.
H.
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 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. 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 may provide that
the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such preliminary plat,
including the prominent placement of one or more signs on the premises
that is the subject of the application notifying interested persons
that an application for a subdivision approval is under consideration
by the Board. All notices shall include the name of the subdivision,
the location of the land to be subdivided, and the date, place, time
and subject of the public hearing. Such notice shall not be required
for adjourned dates. 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,
the Planning Board shall make its decision within 62 days after the
close of the public hearing.
(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.
I.
Planning Board not as lead agency under the State Environmental Quality
Review Act: public hearing; notice; 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 the 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. 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 held independently
of the hearing on the draft environmental impact statement or 14 days
before a hearing held jointly therewith. 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, including the prominent placement of one or more signs on the
premises that is the subject of the application notifying interested
persons that an application for a subdivision approval is under consideration
by the Board. All notices shall include the name of the subdivision,
the location of the land to be subdivided, and the date, place, time
and subject of the public hearing. Such notice shall not be required
for adjourned dates. 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.
J.
Agricultural data statement. If any portion of the project is located
on property within an agricultural district containing a farm operation,
or on property with boundaries within 500 feet of a farm operation
located in an agricultural district, the application must include
an agricultural data statement containing the name and address of
the applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed; and a Tax Map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
K.
County referral. Prior to action on an application for subdivision
approval under this section, a copy of said application shall be forwarded
to the Erie County Department of Environment and Planning for review
pursuant to General Municipal Law § 239-n if the boundary
of the proposed subdivision is located within 500 feet of:
(1)
The boundary of any city, village, or town.
(2)
The boundary of any existing or proposed county or state park or
other recreation area.
(3)
The right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway.
(4)
The existing or proposed right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines.
(5)
The existing or proposed boundary of any county- or state-owned land
on which a public building or institution is situated.
(6)
The boundary of a farm operation located in an agricultural district,
as defined by Article 25-AA of the Agriculture and Markets Law, if
required.
L.
Referral to neighboring municipalities. Pursuant to General Municipal
Law § 239-nn, for a subdivision review under this section
involving property located within 500 feet of an adjacent municipality,
notice of any public hearing shall be given by mail or electronic
transmission to the clerk of the adjacent municipality not less than
10 days prior to the date of said hearing.
M.
Filing of notice of action. Written notice of the action of the Planning
Board, plus any conditions attached thereto, shall be provided to
the applicant, and a copy of such notice shall be filed with the Town
Clerk within five days of the approval of the preliminary plat. Approval
of the preliminary plat shall not constitute approval of the final
plat but shall be deemed an expression of approval of the design submitted
on the preliminary plat as a guide to the preparation of the final
plat which will be submitted for approval of the Planning Board and
for recording upon fulfillment of the requirements of the Town Zoning
Law and this chapter and the conditions of the approval of the preliminary
plat, if any. Prior to approval of the final subdivision plat the
Planning Board may require additional changes as a result of further
study of the final subdivision plat or as a result of new information
obtained at the public hearing.
N.
Expiration of approval. Planning Board approval of a preliminary
layout submission shall expire six months after the date the decision
of the Board is filed with the Town Clerk. Prior to the expiration
of preliminary approval, the applicant shall request in writing an
extension of the preliminary approval and shall state the reasons
for such extension. The Planning Board may extend by not more than
two additional periods of 90 days each the time for expiration of
the preliminary plat if, in the Board's opinion, such extension
is warranted by the particular circumstances. In addition, such extension
shall be granted only if the proposed subdivision fully conforms to
the zoning regulations in effect at the time such extension is applied
for.
O.
Fees. All application fees are in addition to any required escrow
fees and do not cover the cost of environmental review. The applicant
shall be responsible for the total cost of environmental reviews that
are determined to be necessary to meet the requirements of the State
Environmental Quality Review Act (SEQRA). If the Board requires professional
review of the application by designated private planning, engineering,
legal or other consultants, or if it incurs other extraordinary expense
to review documents or conduct special studies in connection with
the proposed application, reasonable fees shall be paid for by the
applicant and an escrow deposit will be required.
A.
Application for approval and fee. The applicant shall, within six months after the date of filing of the preliminary plat approval with the Town Clerk, file with the Planning Board an application for approval of all or part of the subdivision plat in final form. All applications for plan approval shall be in writing and on forms and in such quantity as may be prescribed by the Planning Board together with a fee as set by the Town Board. Said application shall also conform to the requirements listed in § 267-22.
B.
Purpose. The proposed final plat, together with drawings and documents,
shall constitute the complete development of the subdivision proposal,
shall include the conditions of the Planning Board's preliminary
subdivision approval, and shall include the detailed layout drawings
for the public improvements and utilities. The final plat shall be
in conformity with the approved preliminary plat. After approval by
the Planning Board of this submission, the approved performance surety
and the general liability insurance policy as approved by the Town
Board shall become the basis for the construction of the subdivision
and the inspection services by the Town Engineer or other delegated
Town officer. The plat itself must be recorded with the County Clerk
to have legal status, and an unrecorded plat shall not be a valid
basis for site improvements or other commitments. The plat shall be
an accurate survey record of the properties resulting from the subdivision
and shall bear the seal and signature of the licensed land surveyor
responsible for its preparation.
C.
When officially submitted. An application submitted under this section
shall be deemed received at the next regular meeting of the Planning
Board at which the application is to be considered. An application
shall be placed on the Planning Board agenda only after payment of
the application fee as set by the Town Board and submission of the
specified number of copies of the final plat map and any supporting
documentation.
D.
Applicant to attend Planning Board meeting. The applicant or his
duly authorized representative shall attend the meeting(s) of the
Planning Board at which the application is considered to discuss the
final plat.
E.
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 that the Planning Board deems not to be
in substantial agreement with a preliminary plat approved pursuant
to this chapter, 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 chapter, the following shall apply:
(1)
Planning Board as lead agency: public hearing; notice; decision.
(a)
Public hearing on final plat. 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,[1] as follows:
[1]
If the Planning 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 Secretary of the Planning Board.
[2]
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 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.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation
Law.
(b)
Public hearing notice. 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 if no hearing
is held on the draft environmental impact statement or 14 days before
a hearing held jointly therewith. 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, including
the prominent placement of one or more signs on the premises that
is the subject of the application notifying interested persons that
an application for a subdivision approval is under consideration by
the Board. All notices shall include the name of the subdivision,
the location of the land to be subdivided, and the date, place, time
and subject of the public hearing. Such notice shall not be required
for adjourned dates. 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.
[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 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. 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 if held independently
of the hearing on the draft environmental impact statement or 14 days
before a hearing held jointly therewith. 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,
including the prominent placement of one or more signs on the premises
that is the subject of the application notifying interested persons
that an application for a subdivision approval is under consideration
by the Board. All notices shall include the name of the subdivision,
the location of the land to be subdivided, and the date, place, time
and subject of the public hearing. Such notice shall not be required
for adjourned dates. 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.
F.
Filing of notice of action. Written notice of the action of the Planning
Board, plus any conditions attached thereto, shall be provided to
the applicant, and a copy of such notice shall be filed with the Town
Clerk within five days of the date of approval.
G.
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 such requirements
as it deems necessary to ensure that the orderly development of the
plat shall be completed before said sections may be signed by the
Chairman.
H.
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 Board's opinion, such extension is warranted by the particular
circumstances.
I.
Filing of final plat; expiration of approval. The applicant shall
file the approved final plat, or a section of such plat, in the office
of the County Clerk within 62 days from the date of final approval
or such approval shall expire. In the event that the applicant shall
file only a section of such approved plat with the 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 with the County Clerk within
three years of the date of filing of the first section. The signature
of the Chairman or Vice Chairman or other duly authorized officer
of the Planning Board signifying final approval and completion of
conditions of final approval by the Planning Board shall constitute
final approval.
J.
Performance surety and estimate of cost of improvements. The Planning Board may require as a condition of final plat approval that the owner/applicant establish or provide a cash escrow account, performance bond or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the required public improvements associated with development of the plat. The surety shall name the Town as beneficiary, shall be in a form satisfactory to the Town Attorney or his/her designee and shall be in an amount as determined by the Town Engineer based on an estimate of the cost of the required public improvements. The surety to guarantee completion of the improvements shall be in accordance with the requirements of § 267-12B of this chapter.
K.
Endorsement of the Chairman. Upon approval of the final plat, the
applicant shall carry out the following steps prior to obtaining the
Chairman's signature of approval:
(1)
Provide proof of compliance with Department of Health standards and
approval by that Department of the plan for water supply and sewage
disposal.
(2)
Provide proof of compliance with all other required local, state
and federal agency permits and approvals, including, but not limited
to, stream disturbance; wetland and wetland buffer disturbance; highway
work; curb cuts; stormwater connections; SPDES permit discharges;
dams and impoundments, etc.
(3)
Make all required corrections or changes to the final plat map as
outlined in the resolution of the Planning Board and provide two copies
of the corrected final plat to the Secretary of the Planning Board
for final review and approval by the Planning Board, the Town Engineer
and other designated Town officials for compliance with the resolution
of the Planning Board.
(4)
Complete all applicable conditions of final approval as set forth
in the resolution of the Planning Board.
(5)
Provide Mylar and paper copies of the final plat in such quantity
as specified by the Planning Board to the Secretary of the Planning
Board for the endorsement of the Chairman. After the Chairman has
signed the Mylar and the paper copies of the plat, the Secretary shall
immediately notify the applicant of the availability of the final
plat map. The applicant is solely responsible for filing of the final
plat with the County Clerk.
(6)
Obtain a performance surety in the amount of the estimate for the
improvements and a general liability insurance policy and submit them
to the Planning Board Attorney for approval as to form.
(7)
Pay all outstanding escrow fees and application fees to the Planning
Board Secretary or to the Town Clerk. Parkland fees, if applicable,
are due and payable at the time an application for a building permit
is made.
L.
Filed plat map. Within 30 days of the date the final plat is filed
with the County Clerk, the applicant shall submit one copy of the
final plat showing the endorsement of the County Clerk to the Secretary
of the Planning Board.
M.
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made to any subdivision plat after endorsement
of said plat by the Chairman of the Planning Board, unless said plat
is first resubmitted to the Planning Board and the Board approves
any modifications. Such modified plat shall be resubmitted to the
Planning Board for restamping and signature. In the event that any
such subdivision plat is recorded without complying with this requirement,
the same shall be considered null and void, and the Planning Board
shall institute proceedings to have the plat stricken from the records
of the County Clerk.
N.
Fees. All application fees are in addition to any required escrow
fees and do not cover the cost of environmental review. The applicant
shall be responsible for the total cost of environmental reviews that
are determined to be necessary to meet the requirements of the State
Environmental Quality Review Act (SEQRA). If the Board requires professional
review of the application by designated private planning, engineering,
legal or other consultants, or if it incurs other extraordinary expense
to review documents or conduct special studies in connection with
the proposed application, reasonable fees shall be paid for by the
applicant and an escrow deposit will be required.
A.
Improvements.
(1)
The applicant shall provide the following improvements when required
by the Planning Board:
(2)
In making a determination to require such improvements, the Planning
Board shall take into consideration the prospective character of the
development, whether dense residence, open residence, business or
industrial.
B.
Surety. As outlined below, the Town may require that a performance
surety in the form of a bond, cash, or an irrevocable letter of credit,
as determined by the Town, shall be delivered to the Town to guarantee
that the applicant will faithfully cause to be constructed and completed,
within a reasonable period of time, the required public improvements
and will convey the required lands and improvements to the Town free
and clear of encumbrances.
(1)
The Planning Board may require as a condition of final plat approval,
based upon an estimate prepared by the Town Engineer, that the applicant
shall file with the Planning Board either a performance bond, cash
escrow account, or an irrevocable letter of credit from a bank having
a credit acceptable to the Town to cover the cost of the required
public improvements. Any such surety shall comply with the requirements
of § 277 of the Town Law and, further, shall be satisfactory
to the Town Attorney or his/her designee as to form, sufficiency,
duration, renewability, and manner of execution. The term of the surety
shall be sufficient, as determined by the Town, to permit the completion
of improvements by the applicant.
(2)
The required public improvements shall not be considered to be completed
until the Town Engineer has approved the improvements as installed
and an as-built map has been submitted to the Town. The map shall
indicate the location of monuments marking all underground utilities
as actually installed. The performance surety shall not be released
until the improvements have been accepted by the Town Board upon the
recommendation of the Town Engineer.
(3)
The applicant shall complete all public improvements required for
the lots, or part thereof, to the satisfaction of the Town before
any certificate of occupancy may be issued.
(4)
If the Town Board decides at any time during the term of the performance
surety that the extent of the building development that has taken
place in the subdivision is not sufficient to warrant all the improvements
covered by such performance surety, or that required improvements
have been installed in sufficient amount to warrant reduction in the
face amount of said surety, or that the character and extent of such
development require additional improvements previously waived for
a period stated at the time of fixing the original terms of such surety,
the Town Board may modify its requirements for any or all such improvements,
and the face value of such performance surety shall thereupon be reduced
or increased by an appropriate amount so that the new face value will
cover the cost in full of the amended list of improvements required
by the Town Board and any security deposited with the surety may be
reduced or increased proportionately.
C.
General liability insurance procedures. The general contractor shall
file with the Town Attorney a general liability insurance policy at
the same time that the applicant files the performance surety. The
Town Board, upon the recommendation of the Town Attorney, shall approve
the policy as to form and amount. The policy shall insure the Town
and the general contractor and shall cover all operations of the development,
including maintenance of property and buildings and contracting operations
of every nature, and all public improvements. The policy shall remain
in force during the term of the construction of improvements and shall
be extended in conformance with any extension of the performance surety.
D.
Maintenance surety. The applicant shall file with the Town Board
a maintenance surety in an amount based on a maximum of 10% of the
improvement estimate or in such amount which shall be adequate to
assure the satisfactory condition of the initial public improvements
for a period of one year following their completion and acceptance
by the Town Board. Such surety shall be a bond, cash, or an irrevocable
letter of credit, as determined by the Town, and shall be satisfactory
to the Town Attorney as to form and manner of execution.
E.
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 required
improvements, the Town Engineer may authorize modifications, provided
that these modifications maintain 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 its next regular meeting.
F.
Supervision of improvements. The construction of all required improvements
shall be supervised by the Town Engineer who, after completion of
construction, shall certify to the Town Board that all required improvements
have been constructed as required and approved by the Planning Board
or as modified by the Planning Board.
G.
Inspections. The Town may employ an inspector for the purpose of
assuring the satisfactory completion of improvements required by the
Planning Board and shall determine an amount sufficient to defray
costs of inspection. The Town shall invoice the actual cost of the
inspection to the applicant, who shall pay all amounts due within
30 days of the date of the invoice. If the Planning Board or its agent
finds, upon inspection, that any of the required improvements have
not been constructed in accordance with the approved drawings, the
applicant and the surety company will be severally and jointly liable
for the costs of completing said improvements according to specifications.
All improvements will be inspected to ensure satisfactory completion.
In no case shall any paving work, including prime and seal coats,
be done without permission from the Town Engineer. At least 24 hours'
notice shall be given to the Town Engineer prior to any such construction
so that a representative of the Town may be present at the time work
is to be done. If the Town Engineer or other duly designated official
does not carry out inspection of required improvements during construction,
the applicant or the surety company shall not in any way be relieved
of their responsibilities. The Town Engineer shall be notified after
each of the following phases of the work has been completed so that
he or his representative may inspect the work:
(1)
Road subgrade.
(2)
Curb and gutter forms.
(3)
Road paving, after each coat in the case of priming and sealing.
(4)
Sidewalk forms.
(5)
Water lines, sanitary sewer lines, stormwater drainage pipes and
other drainage structures before backfilling.
(6)
All underground utilities prior to backfilling.
H.
Final inspection. A final inspection of all improvements will be
made to determine whether the work is satisfactory and in substantial
agreement with the approved final plat drawings and in compliance
with the Town specifications as of the time the offer of dedication
of the roads and other facilities is made to the Town Board. The general
condition of the site as to cleanup and installation of sod or landscaping
shall also be considered. Upon a satisfactory final inspection report,
the Town Engineer shall recommend to the Town Board the release of
the performance surety covering the improvements.
I.
Proper installation of improvements. If the Town Engineer finds,
upon inspection of the improvements performed before the expiration
date of the performance surety, that any of the required improvements
have not been constructed in accordance with plans and specifications
filed by the applicant, he shall so report to the Town Board, Code
Enforcement Officer and Planning Board. The Town Board then shall
notify the applicant and, if necessary, the issuer of the bond or
the irrevocable letter of credit and take all necessary steps to preserve
the Town's rights under the surety. The Town Board may thereupon
declare the applicant in default and collect the sum remaining payable
under the surety agreement, and, upon receipt of the proceeds thereof,
the Town shall install such improvements as are covered by the performance
surety commensurate with the building development that has taken place
in the subdivision, but not exceeding in cost the amount of such proceeds.
With regard to a subdivision approved in parts or phases, no subsequent
parts of such a plat shall be approved by the Planning Board as long
as the applicant is in default on a previously approved part of the
plat.
J.
Monuments. Permanent monuments shall be set at block corners and
at intervals of 500 feet, or such other distance or location as the
Town Engineer may designate. Each location must be indicated by a
suitable symbol on the subdivision plat. The type of monument must
be approved by the Town Engineer.
K.
Time for completion of improvements. All improvements, or any part
thereof required to service the lots as shown on a partial plat filing,
shall be completed to the satisfaction of the Town Engineer before
a building permit is issued with respect to any lot or dwelling fronting
on a street shown on the subdivision plat.
L.
Acceptance of improvements. The acceptance of improvements will not
be considered or processed until three sets of as-built data per Town
Highway Department standards are presented showing the improvements
and, in addition, the submission of legal documents necessary for
the dedication to the public of these improvements.
A.
Public acceptance of streets, parks and parkland areas.
(1)
The approval of the Planning Board of a subdivision plat shall not
be deemed to constitute or be evidence of any acceptance by the Town.
As a condition of final plat approval, the applicant shall submit
an irrevocable offer of cession for review by the Town Board and the
Town Attorney. The irrevocable offer of cession shall be in a form
suitable for recording and shall not be filed until approved by the
Town Board upon the recommendation of the Town Attorney.
(2)
Every street shown on a plat that is filed or recorded in the office
of the County Clerk as provided in these regulations shall be deemed
to be a private street until such time as it has been formally offered
for cession to be public and formally accepted as a public street
by resolution of the Town or, alternatively, until it has been condemned
by the Town for use as a public street.
(3)
After such plat is approved and filed, subject, however, to review by the court as hereinafter provided, the streets, highways and parks shown on such plat shall be and become a part of the Official Map or plan of the Town. The filing of the plat with the County Clerk shall constitute a continuing offer of dedication of the streets, highways or parkland areas, water supply and sewage disposal facilities, and said offer of dedication may be accepted by the Town Board at any time. In the event that the applicant or his agent shall elect not to file his plat prior to the expiration of plat approval as provided in § 267-11I, then such formal offers of cession shall be deemed to be invalid, void and of no effect on and after such expiration date.
(4)
No public street utility or improvement shall be constructed by the
Town in any street or highway unless it has been offered as a public
street or highway, except that the Town Board may authorize the construction
of a public street utility or improvement in or under a street which
has not been dedicated but which has been used by the public as a
street for five years or more prior.
B.
Street access and improvement prior to issuance of building permits.
(1)
No permit for the erection of any building shall be issued unless
the lot on which the building is proposed has frontage on a street
or highway that has been duly placed on the Official Map or plan or,
if there shall be no Official Map or plan, unless such street or highway
is:
(2)
Before such permit shall be issued, such street or highway shall
have been suitably improved to the satisfaction of the Town Board
in accordance with standards and specifications approved by the appropriate
municipal officers as adequate in respect to the public health, safety
and general welfare for the special circumstances of the particular
street or highway, or, alternatively and in the discretion of the
Town Board, a performance surety sufficient to cover the full cost
of such improvement as estimated by such Board or other appropriate
municipal departments designated by such Board shall be furnished
to the Town by the applicant. Such performance surety shall be issued
by a surety company approved by the Town Board or by the applicant
with security acceptable to the Town Board and shall also be approved
by the Town Attorney as to form, sufficiency and manner of execution.
The term, manner of notification and method of enforcement of such
surety shall be determined by the Town Board. The surety to guarantee
completion of the improvements shall be a bond, cash or an irrevocable
letter of credit as determined by the Town.
C.
Ownership and maintenance of parkland areas. When a park, playground,
natural or historic feature or other parkland or open space area shall
have been shown on a plat, the approval of said 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 parkland area.
Applicants are responsible for payment of all application, administrative
and escrow fees as set by resolution of the Town Board.
A.
Planning Board approval required. Planning Board approval shall be
required for any changes in the location of a lot line shown on a
filed final plat that was previously approved by the Planning Board.
B.
Application and fee. All applications for approval shall be in writing
and on forms and in such quantity as may be prescribed by the Planning
Board, together with a fee as set by the Town Board.
C.
Information waiver. The Planning Board may grant a waiver from the
information requirements of this chapter where it determines that
such information is not relevant to, or is not otherwise required
to conduct, the review of the application.
E.
Applicant to attend Planning Board meetings. The applicant or his
duly authorized representative shall attend meetings of the Planning
Board at which the application is considered.
F.
Lot line revision criteria. A lot line revision shall not be approved
unless the Planning Board has determined that:
(1)
The lot line revision does not adversely affect the development of
the remaining lands within the subdivision.
(2)
The lot line revision does not adversely affect the development and/or
quiet enjoyment of adjoining property.
(3)
The lot line revision is consistent with the subdivision approval(s)
originally issued by the Planning Board by which the subject parcel(s)
was (were) established or amended.
(4)
The conditions of the subdivision approval(s) originally issued by
the Planning Board have been completed or have been waived by the
Planning Board.
(5)
The lot line revision is consistent with the Town Comprehensive Plan,
Official Map of the Town, the Town Zoning Law and this chapter.
G.
Filing of notice of action. Written notice of the action of the Planning
Board, plus any conditions attached thereto, shall be provided to
the applicant, and copy of such notice shall be filed with the Town
Clerk within five days of the date of approval.
H.
Duration of conditional approval of a lot line revision. Conditional
approval of the lot line revision plat shall expire within 180 days
after the date of adoption of the resolution granting such approval
unless all applicable requirements stated in such resolution have
been 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 Board's
opinion, such extension is warranted by the particular circumstances.
I.
Filing of lot line revision plat; expiration of approval. The applicant
shall file the approved lot line revision plat in the office of the
County Clerk within 62 days from the date of final approval or such
approval shall expire. The signature of the Chairman or Vice Chairman
or other duly authorized officer of the Planning Board signifying
final approval and completion of conditions of final approval by the
Planning Board shall constitute approval.
J.
Endorsement of the Chairman. Upon approval of the lot line revision,
the applicant shall carry out the following steps prior to obtaining
the Chairman's signature of approval:
(1)
Make all required corrections or changes to the lot line revision
plat as outlined in the resolution of the Planning Board and provide
one copy of the corrected final plat to the Secretary of the Planning
Board for final review by staff for compliance with the resolution
of the Planning Board. The applicant shall also complete all applicable
conditions of the Planning Board resolution approving the final plat.
(2)
Provide Mylar and paper copies of the lot line revision in such quantity
as specified by the Planning Board to the Secretary of the Planning
Board for the endorsement of the Chairman. After the Chairman has
signed the Mylar and the paper copies of the plat, the Secretary shall
immediately notify the applicant of the availability of the lot line
revision plat. The applicant is solely responsible for filing of the
lot line revision plat with the County Clerk.
K.
Filed plat. Within 30 days of the date the lot line revision plat
is filed with the County Clerk, the applicant shall submit one copy
of the plat showing the endorsement of the County Clerk to the Secretary
of the Planning Board.
L.
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made to any lot line revision plat after the
endorsement of the Chairman of the Planning Board unless said plat
is first resubmitted to the Planning Board and the Board approves
any modifications.