A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Building Inspector at least 10 days prior to the regular meeting of the Planning Board completed official application forms along with two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article IV, § A374-24, for purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider, or his duly authorized representative, shall attend
the meeting of the Planning Board to discuss the requirements of these
regulations for street improvements, drainage, sewerage, water supply,
fire protection, and similar aspects, as well as the availability
of existing services and other pertinent information.
(2)
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with some or all of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article II, §§ A374-10 and A374-14, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article II, §§ A374-11, A374-12, A374-13, A374-14 and A374-15.
C.
Study of sketch plan. The Planning Board shall determine whether
the sketch plan meets the purposes of these regulations and shall,
where it deems it necessary, make specific recommendations in writing
to be incorporated by the applicant in the next submission to the
Planning Board.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application to the Town Clerk for approval of a final subdivision plat, five copies of which to accompany the application. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article IV, § A374-25.
(2)
All applications for final plat approval for minor subdivisions
shall be accompanied by a fee in the amount as established by the
Town Board.
B.
Distribution of copies. Copies of the final subdivision plat shall
be immediately distributed by the Town Clerk to the Planning Board,
the Town Engineer and the Town Board for prompt review.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the final subdivision plat.
D.
Review by Planning Board. The final subdivision plat shall be reviewed
by the Planning Board which, upon review and comments by the Town
Engineer and the planning consultant, shall make its recommendation
to the Town Board.
E.
Stormwater pollution prevention plan. A Stormwater Pollution Prevention
Plan ("SWPPP") consistent with the requirements of the Prohibition
of Illicit Discharges, Activities and Connections to Separate Storm
Sewer System Law and the Stormwater Management and Erosion and Sediment
Controls Stormwater Management Law (collectively herein the "Stormwater
Management Laws")[1] shall be required for final subdivision plat approval.
The SWPPP shall meet the performance and design criteria and standards
in the Stormwater Management Laws. The approved final subdivision
plat shall be consistent with the provisions of the Stormwater Management
Laws.
F.
When officially submitted. The time of submission of the final subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Article IV, § A374-25, of these regulations, has been filed with the Town Clerk.
G.
Action on final subdivision plat.
[Amended 4-16-2018]
(1)
The Town Board shall, within 62 days from the date of the submission,
act to conditionally approve, conditionally approve with modification,
disapprove or grant final approval and authorize the signing of the
final subdivision plat. This time may be extended by mutual consent
of the subdivider and the Town Board. Failure of the Town Board to
act within such time shall constitute approval of the plat.
(2)
Upon granting conditional approval with or without modification
to the plat, the Town Board shall empower a duly authorized officer
to sign the plat upon compliance with such conditions and requirements
as may be stated in its resolution of conditional approval. Within
five days of the resolution granting conditional approval, the plat
shall be certified by the Town Clerk as conditionally approved, a
copy shall be filed in his office, and a certified copy mailed to
the subdivider. The copy mailed to the subdivider shall include a
certified statement of such requirements which, when completed, will
authorize the signing of the conditionally approved plat. Upon completion
of such requirements, the plat shall be signed by the duly authorized
officer of the Town Board. Conditional approval of a plat shall expire
180 days after the date of the resolution granting such approval unless
the requirements have been certified as completed within that time.
The Town Board may, however, extend the time within which a conditionally
approved plat may be submitted for signature, if in its opinion such
extension is warranted in the circumstances, for additional periods
of 90 days each.
H.
Minor subdivision – restrictions on future subdivision of remainder
parcels. Where a minor subdivision of three lots has been approved
by the Town Board, having been subdivided from a parcel leaving a
remainder parcel, or in any series of minor subdivision of a parcel
which results in a total of three lots being subdivided leaving a
remainder parcel which is not a part of the three lots subdivided:
(1)
There shall be no further minor subdivision of any lot permitted
from the remainder parcel for a period of three years from the date
of the approval of three lot minor subdivision; or
(2)
In the case where a series of minor subdivision has resulted
in a total of three lots being subdivided, there shall be no further
minor subdivision of any lot permitted from the remainder parcel for
a period of three years from the date of the approval of third lot
so subdivided.
I.
Minor subdivision – restrictions on future subdivision of subdivided
parcels. Where a minor subdivision of lots has been approved by the
Town Board, having been subdivided from a parcel leaving a remainder
parcel or not, or in any series of minor subdivision of a parcel which
result in a total of three lots being subdivided leaving a remainder
parcel or not, there shall be no further minor subdivision of the
subdivided lots permitted for a period of three years from the date
of the approval of the original subdivision, or in the case where
a series of minor subdivision has resulted in a total of up to three
lots having been subdivided, there shall be no further minor subdivision
of any lot permitted of the lots so subdivided for a period of three
years from the date of approval of each lot so subdivided.
J.
Waiver. Where the Town Board finds that, due to the special circumstances
of the particular plot or parcel, the strict application of the provisions
contained herein would not be in the interest of the public health,
safety and general welfare or will cause undue hardship on the property
owner and/or is otherwise unjust and unfair, the Town Board may waive
such provisions or parts thereof as it deems appropriate.
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision with the Town Clerk, accompanied by five copies of the preliminary plat. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in Article IV, § A374-26, hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of Sections 276 and 277 of the Town Law, and Article IV, § A374-26, of these regulations, except where a waiver may be specifically authorized by the Town Board.
(2)
The application for approval of the preliminary plat shall be
accompanied by a fee in the amount as established by the Town Board.
B.
Distribution of copies. Copies of the preliminary subdivision plat
shall be immediately distributed by the Town Clerk to the Planning
Board, the Town Engineer, the Highway Superintendent and the Town
Board for prompt review.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the next regularly scheduled
meeting of the Planning Board to discuss the preliminary plat.
D.
Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Master Plan, the Official Map, and zoning regulations. After review by the Town Engineer, the Highway Superintendent and the planning consultant, the Planning Board shall make its recommendation to the Town Board within the time limits specified in Subsection G below.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article IV, § A374-26, of these regulations, has been filed with the Town Clerk.
F.
Public hearing. Within 62 days after the receipt of such preliminary
plat by the Town Clerk, the Town Board shall hold a public hearing,
which hearing shall be advertised at least once in a newspaper of
general circulation in the Town at least five days before such hearing.
[Amended 4-16-2018]
G.
Approval of the preliminary plat.
(1)
Within not more than 62 days after the date of such public hearing,
the Town Board shall approve with or without modification or disapprove
such preliminary plat, and the ground of a modification, if any, or
the ground for disapproval shall be stated upon the records of the
Town Board. The time in which the Town Board must take action on such
plat may be extended by mutual consent of the subdivider and the Town
Board. When so approving a preliminary plat, the Town Board shall
state in writing modifications, if any, as it deems necessary for
submission of the plat in final form. Within five days of the approval
of such preliminary plat, it shall be certified by the Town Clerk
as granted preliminary approval and a copy filed in his office, a
certified copy mailed to the owner, and a copy forwarded to the Town
Board. Failure of the Town Board to act within such sixty-two-day
period shall constitute approval of the preliminary plat.
[Amended 4-16-2018]
(2)
When granting approval to a preliminary plat, the Town Board
shall state the terms of such approval, if any, with respect to the
modifications to the preliminary plat; the character and extent of
the required improvements for which waivers may have been requested
and which in its opinion may be waived without jeopardy to the public
health, safety, morals, and general welfare; the amount of improvement
or the amount of all bonds therefor which it will require as prerequisite
to the approval of the final subdivision plat. Approval of a preliminary
plat shall not constitute approval of the final subdivision plat,
but rather it shall be deemed an expression of approval of the design
submitted on the preliminary plat as a guide to the preparation of
the final subdivision plat, which will be submitted for approval of
the Town Board and for recording upon fulfillment of the requirements
of the final subdivision plat; the Town Board may require additional
changes as a result of further study of the subdivision in final form
or as a result of new information obtained at the public hearing.
A.
Application for approval and fee. The subdivider shall, within six
months after the approval of the preliminary plat, file an application
for approval of the subdivision plat in final form with the Town Clerk.
All applications for final plat approval for major subdivisions shall
be accompanied by a fee in the amount as established by the Town Board.
If not submitted within six months after the approval of the preliminary
plat, the Town Board may refuse to approve the final plat and require
resubmission of the preliminary plat.
B.
Number of copies. The subdivider shall provide the Town Clerk with
a copy of the application and three copies (one copy in ink on linen
or an acceptable equal) of the plat, the original and one true copy
of all offers of cession, covenants, and agreements and two prints
of all construction drawings.
C.
When officially submitted. The time of submission of the final subdivision plat shall be considered to be the date on which the application for approval of the final subdivision plat, complete and accompanied by the required fee and all data required by Article IV, § A374-27, of these regulations, has been filed with the Town Clerk.
D.
Endorsement of state and county agencies. Water and sewer facility
proposals contained in the final subdivision plat shall be properly
endorsed and approved by the Erie County Department of Health. Applications
for approval of plans for sewer or water facilities will be filed
by the subdivider with all necessary Town, county and state agencies.
Endorsement and approval by the Erie County Department of Health shall
be secured by the subdivider before official submission of final subdivision
plat.
E.
Review by Planning Board. The final subdivision plat shall be reviewed
by the Planning Board which, upon review and comments by the Town
Engineer, the Highway Superintendent and the planning consultant,
shall make its recommendation to the Town Board.
F.
Stormwater pollution prevention plan. An SWPPP consistent with the
requirements of the Stormwater Management Laws[1] shall be required for final subdivision plat approval.
The SWPPP shall meet the performance and design criteria and standards
in the Stormwater Management Laws. The approved final subdivision
plat shall be consistent with the provisions of the Stormwater Management
Laws.
G.
Public hearing. Within 62 days of the submission of the plat in final form for approval, a hearing shall be held by the Town Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that when the Town Board deems the final plat to be in substantial agreement with a preliminary plat approved under § A374-11 of this article and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Town Board may waive the requirements for such public hearing.
[Amended 4-16-2018]
H.
Action on proposed final subdivision plat. The Town Board shall,
by resolution, conditionally approve, 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 if no hearing is held, or in the event a hearing is held, within
62 days after the date of such hearing. This time may be extended
by mutual consent of the subdivider and the Town Board. Failure to
take action on a final plat within the time prescribed therefor shall
be deemed approval of the plat. Upon resolution of conditional approval
of such final plat, the Town Board shall empower a duly authorized
officer to sign the plat upon completion of such requirements as may
be stated in the resolution. Within five days of such resolution,
the plat shall be certified by the Town Clerk as conditionally approved
and a copy filed in his office and a certified copy mailed to the
subdivider. The copy mailed to the subdivider shall include a certified
statement of such requirements which, when completed, will authorize
the signing of the conditionally approved final plat. Upon completion
of such requirements, the plat shall be signed by said duly authorized
officer of the Town Board. Conditional approval of a final plat shall
expire 180 days after the date of the resolution granting such approval
unless the requirements have been certified as completed within that
time. The Town Board may, however, extend the time within which a
conditionally approved plat may be submitted for signature, if in
its opinion such extension is warranted in the circumstances, for
additional periods of 90 days each.
[Amended 4-16-2018]
A.
Improvements and performance bond. Before the Town Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
In an amount set by the Town Board, the subdivider shall either
file with the Town Clerk a certified check to cover the full cost
of the required improvements or the subdivider shall file with the
Town Clerk a performance bond to cover the full cost of the required
improvements. Any such bond shall be satisfactory to the Town Board
and the Town Attorney as to form, sufficiency, manner of execution
and surety. A period of one year (or such other period as the Town
Board may determine appropriate, not to exceed three years) shall
be set forth in the bond within which required improvements must be
completed.
(2)
The subdivider shall complete all required improvements to the
satisfaction of the Town Engineer, who shall file with the Town Board
a letter signifying the satisfactory completion of all improvements
required by the Board. For any required improvements not so completed,
the subdivider shall file with the Town Clerk a bond or certified
check covering the cost of such improvement not approved by the Town
Engineer. Any such bond shall be satisfactory to the Town Board and
Town Attorney as to form, sufficiency, manner of execution, and surety.
(3)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Town Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such a map is submitted.
B.
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 Town Board, authorize modifications,
provided these modifications are within the spirit and intent of the
Town Board's approval and do not extend to the waiver of 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 under this
section in writing to the Town Board at their next regular meeting.
C.
Inspection of improvements. At least two days prior to commencing
construction of required improvements, the subdivider shall file a
public improvement permit with the Town Clerk to assure that all Town
specifications and requirements will be met during that construction
of required improvements. Fee shall be based on a percentage of the
cost of improvements and shall be subject to approval by the Town
Engineer.
D.
Proper installation of improvements.
(1)
If the Town Engineer shall find, upon inspection to the improvements
before the expiration date of the performance bond, that any of the
required improvements have not been constructed in accordance with
plans and specifications filed by the subdivider, he shall so report
to the Town Board.
(2)
The Town Board then shall notify the subdivider and, if necessary,
the bonding company, and take all necessary steps to preserve the
Town's rights under the bond. No plat shall be approved by the
Town Board as long as the subdivider is in default on a previously
approved plat.
E.
Maintenance bond. The subdivider, on completion and acceptance of
required improvements, shall furnish the Town with a maintenance bond
in the amount of 25% of the cost of such improvements guaranteeing
the maintenance of such improvements against deterioration traceable
to inadequate installation of materials during the first two years
following acceptance.
A.
Final approval and filing. Upon completion of the requirements in §§ A374-12 and A374-13 above and notation to that effect upon the final subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Town Board and may be filed by the applicant in the office of the County Clerk. Any final subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved or considered approved by reasons of failure of the Town Board to act shall become null and void.
[Amended 4-16-2018]
B.
Plat void if revised after approval. No changes, erasures, modifications,
or revisions shall be made in any final subdivision plat after approval
has been given by the Town Board and endorsed in writing on the plat,
unless the said plat is first resubmitted to the Town Board and such
Board approves any modifications. In the event that any such final
subdivision plat is recorded without complying with this requirement,
the same shall be considered null and void and the Board shall institute
proceedings to have the plat stricken from the records of the County
Clerk.
A.
Public acceptance of streets. The approval by the Town Board of a
final subdivision plat shall not be deemed to constitute or be evidence
of any acceptance by the Town of any street, easement, or other open
space shown on such final subdivision plat.
B.
Ownership and maintenance of recreation areas. When a park, playground,
or other recreation area shall have been shown on a final subdivision
plat, the approval of said plat shall not constitute an acceptance
by the Town of such area. The Town Board shall require the plat to
be endorsed with appropriate notes to this effect. The Town Board
may also require the filing of a written agreement between the applicant
and the Town Board covering future deed and title, dedication, and
provision for the cost of grading, development, equipment, and maintenance
of any such recreation area.
