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.
[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.
[Amended 4-27-2011 by L.L. No. 1-2011]
Prints of preliminary plat and plans shall be distributed as
follows:
[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:
[Amended 4-20-1988; 6-20-2007 by L.L. No. 3-2007; 4-27-2011 by L.L. No. 1-2011]
[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.
