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Town of Pendleton, NY
Niagara County
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Table of Contents
Table of Contents
A. 
Applicants must meet with the Planning Board Chairman or designated administrative assistant.
B. 
The developer is made aware of the subdivision requirements.
C. 
The developer is given copies of the subdivision application.
D. 
The developer requests that the subdivision be placed on the Planning Board agenda for sketch plan review.
E. 
There shall be no fee for this pre-application procedure.
A. 
Submission of sketch plan and fee.
(1) 
Any owner of land shall, prior to subdividing or resubdividing land, submit to the Administrative Assistant official application forms along with 14 copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article IV, § 220-17, for purposes of classification and preliminary discussion. The Administrative Assistant shall immediately forward seven copies to the Planning Board and one copy to the Town Board, Town Engineer, Code Enforcement Officer/Building Inspector, and Highway Superintendent and retain one file copy. All submissions for a sketch plan review shall be accompanied by a fee as established by the Town Board. All submissions of sketch plan applications for minor subdivisions shall be accompanied by a fee of $20 per lot or dwelling unit, with a maximum of $50. All submissions of sketch plan applications for major subdivisions shall be accompanied by a fee of $20 per lot or dwelling unit, with a maximum of $100.
(2) 
The names and addresses of all landowners immediately adjacent to and immediately across the street from proposed subdivision shall be provided as shown on the Town Assessor's current maps.
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 this chapter 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 as a minor or major subdivision is to be made at this time. If classified as a minor subdivision, the subdivider shall comply with Article III, §§ 220-11 and 220-15, of this chapter. 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 classified as a major subdivision, the subdivider shall comply with Article III, §§ 220-12 through 220-16.
(3) 
Once classified as major subdivision by the Planning Board, no alterations or improvements to the property may be made, e.g., excavation, topsoil stripping, etc., without final plat approval or by special permission from the Town Board or Planning Board. Complete supervision by the Town's engineer must also be provided.
C. 
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of this chapter and shall, where it deems it necessary, make specific recommendation, in writing, to be incorporated by the applicant in the next submission to the Planning Board.
A. 
Submissions and fee.
(1) 
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit to the Administrative Assistant a final subdivision plan in 14 copies. 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 and to the requirements listed in Article IV, § 220-18.
(2) 
All submissions for final plat approval for minor subdivisions shall be accompanied by a fee as established by the Town Board.
B. 
Distribution of copies. The Administrative Assistant shall retain one copy of the final subdivision plat and shall immediately forward seven copies to the Planning Board and one copy to the Town Board, Town Engineer, Assessor, Code Enforcement Officer/Building Inspector, and Highway Superintendent for 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 Planning Board, Highway Superintendent, Assessor, Town Engineer and Code Enforcement Officer/Building Inspector shall review the final plat prior to approval.
E. 
When officially submitted. The time of submission of the final subdivision plat shall be considered to be the date on which the plat, complete and accompanied by the required fee and all data required by Article IV, § 220-18, of this chapter, has been filed with the Administrative Assistant.
F. 
Public hearing. A public hearing shall be held by the Planning Board within 62 days from the time of submission of the final subdivision plat for approval. Said hearing shall be advertised in the official newspaper of the Town at least five days before such hearing.
G. 
Action on final subdivision plat.
(1) 
The Planning Board shall, within 62 days from the date of the public hearing, 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 Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat.
(2) 
In the event of conditional approval (with or without modification) to the plat, the Planning 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 Administrative Assistant as conditionally approved, a copy shall be filed in his/her office and a copy mailed to the subdivider. The copy mailed to the subdivider shall include a 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. 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 Planning 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 not to exceed two additional periods of 90 days each.
H. 
Any or all road frontage, lots or parcels approved by the Planning Board as part of the minor subdivision process shall meet the minimum lot area requirements in the applicable zoning districts as found in Chapter 247, Zoning of the Town Code:
(1) 
R1 District: § 247-10C.
(2) 
R2 District: § 247-11C.
(3) 
CO1 District: § 247-12D and E.
(4) 
CO2 District: § 247-13D and E.
(5) 
LI District: § 247-14E and F.
(6) 
SLI District: § 247-15E and F.
I. 
Transfer of excess land within the right-of-way. Prior to dedication of a street, any land in excess of the minimum requirement for a street right-of-way shall be deeded to the lot adjacent to the right-of-way.
A. 
Submission and fee.
(1) 
Within six months after classification as a major subdivision by the Planning Board, the subdivider shall submit to the Administrative Assistant a preliminary plat in 14 copies. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. Said plat shall be clearly marked "preliminary plat" and shall be in a form as described in Article IV, § 220-19, of this chapter.
(2) 
The submission for approval of the preliminary plat shall be accompanied by a fee as determined by the Town Board.
B. 
Distribution of copies. The Administrative Assistant shall retain one copy of the preliminary plat and shall immediately forward seven copies to the Planning Board and one copy to the Town Board, Town Engineer, Assessor, Code Enforcement Officer/Building Inspector Officer and Highway Superintendent for review.
C. 
Review by Planning Board. The Planning Board shall review the preliminary plat for major subdivisions.
D. 
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.
E. 
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 subdivided and the requirements of the Comprehensive Plan and Chapter 247, Zoning.
F. 
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the submission for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article IV, § 220-19, of this chapter, has been filed with the Administrative Assistant.
G. 
Public hearing. Within 62 days after the receipt of such preliminary plat by the Administrative Assistant, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in the official newspaper of the Town at least five days before such hearing. Notice by mail will be sent by the Town Clerk five days before a public hearing for the preliminary plat approval of a subdivision to all owners of property immediately adjacent to and immediately across the street from the proposed subdivision.
H. 
Approval of the preliminary plat.
(1) 
Within 62 days after the date of such hearing, the Planning 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 Planning Board. The time in which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When so approving a preliminary plat, the Planning 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 Administrative Assistant as granted preliminary approval and a copy filed in his/her office and a copy mailed to the owner. Failure of the Planning Board to act within such sixty-two-day period shall constitute approval of the preliminary plat.
(2) 
When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to:
(a) 
The modifications to the preliminary plat.
(b) 
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 and general welfare.
(c) 
The amount of improvement or the amount of all the bonds which it will require as prerequisite to the approval of the final subdivision plat.
(3) 
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 Planning Board and for recording upon fulfillment of the requirements of this chapter. Prior to approval of the final subdivision plat, the Planning 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. 
Submission and fee. The subdivider shall, within six months after approval of the preliminary plat, file the final plat with the Administrative Assistant. The submission for final plat approval for a major subdivision shall be accompanied by a fee as established by the Town Board. If not submitted within six months after approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
B. 
Number and distribution of copies. The subdivider shall provide the Administrative Assistant with 14 copies, plus 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 five sets of all construction drawings. The Administrative Assistant shall retain one copy of the final plat and shall immediately forward seven copies to the Planning Board and one copy to the Town Board, Town Engineer, Assessor, Code Enforcement Officer/ Building Inspector and Highway Superintendent for review. Construction plans shall be sent to the Code Enforcement Officer/Building Inspector, Highway Superintendent and two sets to the Town Engineer.
C. 
When officially submitted. The time of submission of the final subdivision plat shall be considered the date on which the plat, complete and accompanied by the required fee and all data required by Article IV, § 220-20, of this chapter, has been filed with the Administrative Assistant.
D. 
Endorsement of state and county agencies. Submissions 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 Niagara County Department of Health shall be secured by the subdivider before official submission of the final subdivision plat.
E. 
Review by Planning Board. The Planning Board shall review the final subdivision plat.
F. 
Public hearing. Within 62 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in the official newspaper of the Town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 220-12 of this article and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.
G. 
Action on proposed final subdivision plat.
(1) 
The Planning 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 Administrative Assistant if no hearing is held or, in the event that 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 thereafter shall be deemed approval of the plat. The subdivider will be notified of Planning Board actions.
(2) 
Upon resolution of conditional approval of such final plat, the Planning 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 Administrative Assistant as conditionally approved and a copy filed in his/her office and a copy mailed to the subdivider. The copy mailed to the subdivider shall include a 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 Planning Board.
(3) 
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 Planning 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 not to exceed two additional periods of 90 days each.
A. 
Final approval and filing. Upon completion of the requirements in § 220-13 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 Planning 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 90 days of the date upon which such plat is approved or considered approved by reasons of the failure of the Planning Board to act shall become null and void. The Planning Board may grant two additional ninety-day extensions for filing the final plat.
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 Planning Board and endorsed in writing on the plat, unless the said plat is first resubmitted to the Planning Board and such Board approved 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.
C. 
Vacation of plats.
(1) 
Any plat or any part of any plat may be vacated by the owner of the premises, at any time before the sale of any lot therein, by written instrument, to which a copy of such plat shall be vacated.
(2) 
Such an instrument shall be approved by the Planning Board in like manner as plats of subdivisions. The governing body may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets or driveways.
A. 
Public acceptance of streets. The approval by the Planning 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 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 deeds and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.