Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
Before making application to the Planning Board for approval of a subdivision, the subdivider presumably will consult with other parties potentially interested in the development, such as lending and mortgage insurance institutions, with a view to reaching firm conclusions regarding what part of the market demand should be served, the suitability of the proposed location and the most advantageous subdivision plan, The subdivider is advised to engage a land planning specialist qualified to help him resolve the major factors into a workable and profitable subdivision plan. Inasmuch as the approval of the Erie County Health Department is required for any subdivision containing five or more lots, early consultation with such Health Department is advisable.
[Amended 4-27-2011 by L.L. No. 1-2011]
At a regular Planning Board meeting, the applicant and/or his engineer shall present, in sketch form, a preapplication plan showing the following information:
A. 
Proposed plan of total area to be developed.
B. 
Desired zoning classification.
C. 
Possible states of completion (phasing).
D. 
Declaration of applicant's position with respect to title.
E. 
Wetlands delineation completed and wetlands shown on plan.
F. 
Existing topography on the site shall be shown.
G. 
Aerial photo with the proposed development overlayed.
A. 
When the preapplication plan is submitted, the Planning Board shall give its recommendations in writing concerning the following:
(1) 
Zoning to be established, if necessary.
(2) 
Access to surrounding properties.
(3) 
Recreational area requirement.
B. 
The Planning Board shall also provide the applicant with subdivision development forms.
[Amended 6-20-2007 by L.L. No. 3-2007; 4-27-2011 by L.L. No. 1-2011]
A. 
Generally. Eight sets of preliminary plat and plans showing contours, proposed road layout, proposed public improvements (pavement, drainage, storm sewers, sanitary sewers, water service, etc.), zoning of adjacent properties, boundaries of existing improvement districts, adjacent owners, and location plan shall be submitted to the Planning Board for conditional approval. Prints of the preliminary plat with Development Form No. 2 may be submitted to and reviewed by the Planning Board with or without representation of the applicant.
B. 
Signature of Highway Superintendent required. The cover sheet of these prints shall bear the dates of review and the signatures of the Town Highway Superintendent and the Town Engineer as an indication that they have reviewed the plat and have no objection to the proposal.
C. 
All appropriate review fees as set forth under Chapter 144, Attachment (Schedule of Zoning Fees), are to be submitted pursuant to the fee schedule.
[Amended 4-27-2011 by L.L. No. 1-2011]
Prints of preliminary plat and plans shall be distributed as follows:
A. 
One copy to the Building Inspector.
B. 
Three copies for the Planning Board files.
C. 
Two copies for the Town Engineering Department.
D. 
One copy for the Highway Department.
E. 
One copy for the Conservation Board files.
[Added 11-18-1981; amended 6-2-2004 by L.L. No. 6-2004; 4-27-2011 by L.L. No. 1-2011]
Within 62 days after the receipt of such preliminary plat and plans by the Clerk of the Planning Board, the Planning 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 4-20-1988; 6-2-2004 by L.L. No. 6-2004]
Within 62 days after the close of the public hearing, the Planning Board shall take action to conditionally approve, with or without modifications, or disapprove such preliminary plat, and the ground of any modification required or the ground for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such sixty-two-day period shall constitute a conditional approval of the preliminary plat.
[Amended 4-27-2011 by L.L. No. 1-2011]
The approved preliminary plat, plans and development forms shall be signed by the Planning Board's Chairman when proper.
[Amended 4-27-2011 by L.L. No. 1-2011]
After the preliminary plat and plans are approved, the applicant shall petition the Town Board for final action for any of the following:
A. 
A rezoning in keeping with the approved plat.
B. 
Creation of a sanitary sewer district or extension.
C. 
Creation of a storm sewer maintenance district or extension.
D. 
Creation of a water district or extension.
[Amended 4-20-1988; 6-20-2007 by L.L. No. 3-2007; 4-27-2011 by L.L. No. 1-2011]
A. 
Application (Form No. 3) by the owner to the Planning Board for final plat approval shall be accompanied by the following:
(1) 
Three linen prints of the final subdivision plat (Map Cover).
(2) 
Two copies of a general location of description for publication.
(3) 
Certified check as per the fee schedule, payable to the Town.
B. 
If the final plat is not submitted within six months of the conditional approval of the preliminary plat, the Planning Board may refuse to approve the final plat.
[Amended 4-27-2011 by L.L. No. 1-2011]
The applicant shall not submit the final subdivision plat to the Planning Board until all the approvals required on the Subdivision Development Form No. 3 have been obtained from the designated officials.
The Planning Board shall compare the final plat with the approved preliminary plat, and if in agreement, the Planning Board shall call for a public hearing as set forth in Subdivision 4 of § 267 of the Town Law.
[Added 1-17-1979]
Prior to the approval of the final plat, such plat shall be submitted to the Orchard Park Town Board. The Town Board may make recommendations regarding the final plat to the Planning Board.
[Amended 6-2-2004 by L.L. No. 6-2004]
The final plat shall be approved or disapproved by the Planning Board within 62 days after the close of the public hearing provided for herein.
After the public hearing and upon the approval of the final plat by the Planning Board, two of the linen prints shall be forwarded to the authorized representative of the Town Board, advising him of the approval and requesting the signing of the plat.
When the prints of the final plat have been signed, the Town Clerk shall inform the applicant that he may pick up one signed linen print and proceed to have said print recorded in the County Clerk's office. The applicant shall, upon filing the plat, forward to the Town Board three copies of the plat with the map cover number shown on said copies.