[Added 1-15-1997 by L.L. No. 1-1997[1]]
A.
There shall be created a Minor Subdivision Review
Committee, which shall consist of three members and will be made up
of the Planning Board Chairman (or his or her designee), the Building
Inspector/Code Enforcement Officer (or his or her designee) and the
Town Assessor (or his or her designee) or such other persons as the
Town Board may from time to time appoint by resolution passed by said
Town Board.
B.
The applicant shall submit to the Minor Subdivision
Review Committee an application (including a short environmental assessment
form), a sketch of the proposed subdivision, a survey and any required
fees, set by resolution of the Town Board, from time to time.
C.
This Minor Subdivision Review Committee shall have
the authority to review minor subdivisions for approval or referral.
(1)
Approval. The Minor Subdivision Review Committee may recommend to the Town Board the subdivisions without further Planning Board review if it is found that the proposed minor subdivision conforms to the requirements of Chapter 200, Zoning, and does not present a municipal concern which can negatively impact on the health, safety and welfare of the community or its residents, termed herein as a significant Town issue. The guidelines for such determination shall be the consideration of the Master Plan, Official Map, Chapter 200, Zoning, these provisions and the policy and policy considerations set forth in this chapter. If approved by the Minor Subdivision Review Committee, the Minor Subdivision Review Committee shall forward its recommendation for such approval to the Town Board. The Town Board shall consider the recommendation of the Minor Subdivision Review Committee for approval of said application and by resolution of the Town Board, either grant or deny the application for such minor subdivision or refer such application to the Planning Board, and such Planning Board shall thereafter follow the procedure set forth in § 178-6-b. No public hearing shall be required prior to any such action by the Town Board unless the Town Board in considering such application for such minor subdivision and such recommendation of the Minor Subdivision Review Committee, by resolution sets such public hearing, on notice specified in such resolution, prior to any decision by the Town Board on such application or such recommendation.
(2)
Following Town Board approval, the subdivider shall
file the minor subdivision plat with the County Clerk. If this is
not done within 60 days following approval by the Town, the minor
subdivision plat must be resubmitted to the Town.
[Added 5-26-2010 by L.L. No. 1-2010[2]]
[2]
Editor's Note: This local law also provided for the renumbering
of former Subsection C(2) as Subsection C(3).
(3)
Referral.
If after review by the Minor Subdivision Review Committee, it is found
that significant Town issues exist, then a minor subdivision will
be referred to the Planning Board. After referral to the Planning
Board, the Planning Board shall follow the procedure set forth in
§ 178-6-b.
[1]
Editor's Note: This local law also redesignated
former § 178-6 as § 178-6-b.
A.
For a minor subdivision not approved by the Minor Subdivision Review Committee pursuant to § 178-6-a or referred by the Town Board to the Planning Board for further review and recommendation, the Minor Subdivision Review Committee shall promptly forward to the Planning Board the aforesaid application and related documents and said Planning Board shall advise the applicant of the date set for consideration of applicant's request. The Planning Board shall discuss the project at its meeting (attended by the applicant or agent) and decide if additional information is needed or make a recommendation to the Town Board. If recommended to the Town Board, other preliminary plat requirements may be waived. The Town Board shall consider the application for final approval (see Subsections G through J and hold a public hearing.
[Amended 12-15-1993 by L.L. No. 13-1993; 1-15-1997 by L.L. No. 1-1997]
B.
For a major subdivision (before the preparation of extensive drawings), the applicant shall discuss general requirements with the Town Planning Office. A sketch plan generally following the preliminary plat requirements (see § 178-7) would be helpful at the meeting. (This step is recommended but not required.) Requests for sketch plan appearance before the Planning Office shall be made in advance of the meeting.
[Amended 12-15-1993 by L.L. No. 13-1993; 5-26-2010 by L.L. No. 1-2010]
C.
If the
subdivider or his agent chooses to proceed with the plan, an application[1] shall be filed with the Planning Office for review of a preliminary layout (§ 178-7). The subdivider shall submit 12 prints and supplemental materials (as specified in § 178-7), including complete SEQRA documents and fees. This information shall be submitted 30 days prior to the Planning Board’s next scheduled meeting date.
[Amended 5-26-2010 by L.L. No. 1-2010]
[1]
Editor's Note: Copies of the application are available in
the Planning Office.
D.
The Planning
Office shall refer the preliminary layout and supplemental materials
to the Planning Board for recommendation by the Board.
[Amended 5-26-2010 by L.L. No. 1-2010]
E.
The Planning
Board shall study the preliminary layout for compliance with preliminary
plan requirements. The Planning Board shall also review the application
with respect to SEQRA and decide whether the action is unlisted or
a Type 1. In the case of an unlisted action for which the Planning
Board would like to see a coordinated review and for all Type 1 actions
(which must receive a coordinated review), the application shall be
sent to the Town Board to begin the SEQRA process (lead agency letters,
determinations, etc.). The Planning Board may also request additional
information concerning the project prior to referring it to the Town
Board. It must be noted that all municipal time frames for review
can be interrupted until the SEQRA process is complete. Once the Town
Board has commenced the SEQRA process, the application will be sent
back to the Planning Board to complete its preliminary review. For
all actions, the Planning Board will make its recommendation to the
Town Board.
[Amended 12-15-1993 by L.L. No. 13-1993; 5-26-2010 by L.L. No.
1-2010]
F.
Preliminary plat approved.
[Amended 12-15-1993 by L.L. No. 13-1993; 5-26-2010 by L.L. No.
1-2010]
(1)
The Town Board shall hold a public hearing within
45 days from the time of referral of the plan from the Planning Board
to the Town Board for preliminary approval.
(2)
The Town Board shall, within 45 days from the date of the public hearing, approve, modify and approve, modify and send back to the Planning Board [see Subsection F(4) below] or disapprove the preliminary subdivision plat.
(3)
If approval is received from the Town Board, the subdivider shall proceed to the preparation of the final plat (see § 178-8).
(4)
If changes are required in the preliminary layout,
it must be resubmitted to the Planning Office for a recommendation
to the Town Board that the revised layout meets the preliminary plat
requirements.
G.
Final plat approval.
[Amended 12-15-1993 by L.L. No. 13-1993; 5-26-2010 by L.L. No. 1-2010]
(1)
The subdivider shall submit prints of the final plat and all related materials (see § 178-8) to the Planning Office within six months of the date of approval of the preliminary plat by the Town Board. Failure to submit the final plat within this time limit requires reapproval of the preliminary layout by the Town Board.
(2)
The
Planning Office shall provide one copy of the final approved plat
plan to the Town Clerk and one copy to the Code Enforcement Officer,
with one copy kept on file in the Planning Office.
(3)
The
Town Board shall consider the final plat for final approval and notify
the subdivider in writing as to action taken with 45 days of the date
the plat was received by the Planning Office.
(4)
Following
Town Board approval, the subdivider shall file the final plat with
the County Clerk. If this is not done within 60 days following final
plat approval by the Town, the plat must be resubmitted to the Town.
H.
(Reserved)
I.
(Reserved)
J.
(Reserved)
K.
Public improvements.
[Added 12-15-1993 by L.L. No. 13-1993]
(1)
Before beginning construction of any public improvements
to be turned over to the town, the applicant/developer shall provide
the following:
(a)
A public improvement permit inspection fee [see
Town public improvement permit (PIP) program[2]] shall be paid to the Town to allow the Town to provide
inspection services to protect the town's interest during construction.
The Town will provide the developer, prior to construction, with an
estimate of the costs of these services based upon his approved final
plan. The fee shall be based on a percentage (see current PIP program)
of the construction costs.
(b)
Copies of insurance documents, meeting Town
requirements, naming the Town and Town Engineer as additional insureds.
(c)
Current Town requirements for performance and
maintenance bonds.
(2)
The applicant/developer shall also enter into agreements
with the Town prior to commencing construction of public improvements.
[Amended 5-26-2010 by L.L. No. 1-2010]
A.
Preliminary layouts submitted to the Planning Board
shall be prepared by a licensed engineer or surveyor to a scale not
less than one inch equals 100 feet (preferred scale one inch equals
50 feet and shall show the following information:
[Amended 5-26-2010 by L.L. No. 1-2010]
(1)
The location of the property with respect to surrounding
property and streets. There shall be included an area map, at a scale
of one inch equals 400 feet, showing all streets and property within
1,000 feet of the applicant's property. All property held by the applicant
in the area shall be identified.
(2)
Zoning Location Map (copy of Zoning Map showing property
location) and a list of zoning requirements in the format of required
versus provided. With this information a listing of variances or waivers
requested shall be included.
(3)
The location and approximate dimensions of all existing
property lines (include entire area proposed to be subdivided and
remainder of the tract owned by the subdividing owner).
(4)
All pertinent features, such as existing structures,
streets, railroads, water bodies, streams, wetlands, swamps and large
trees, that may influence the design of the subdivision (subsurface
conditions if required by the Board) and topography based on United
States Geological Survey (USGS) datum at a contour interval of not
more than five feet, unless waived by the Planning Board. Information
on soils, specifically referencing hydric and potential hydric soil
conditions, must be presented.
(5)
The location, width and approximate grade of all proposed
streets. Approximate elevations shall be shown at the beginning and
end of each street at street intersections and at all points where
there is a decided change in the slope or direction.
(6)
Approximate grading plan of the site, including an
estimate of the soils to be removed or brought to the site and the
approximate finished floor elevations of proposed buildings.
(7)
The approximate location, dimensions and area of all
proposed or existing lots.
(8)
The approximate location and dimensions of all property
(if any) proposed to be set aside for playground or park use or other
use acceptable to the Town Board.
(9)
The names of all adjoining property owners of record
or the names of adjoining developments.
(10)
The name and address of the owner or owners of land
to be subdivided, the name and address of the subdivider, if other
than the owner, and the name of the land surveyor or engineer.
(11)
The date, approximate true North point and scale.
(12)
The proposed provision of water supply, fire protection, disposal of sanitary waste, stormwater drainage, street trees, streetlighting fixtures, street signs and sidewalks, data on which must be available for consideration at this stage. If applicable, calculations and support data should be supplied in an engineering report. Drainage design will be based on the Erie and Niagara County Stormwater Design Manual or the New York State Department of Environmental Conservation (NYSDEC) Design Standards (see Article III).
(13)
Proposed easements and location of areas to be in
common ownership or to be offered for dedication.
B.
Along with the preliminary layout map, the following
information should be submitted:
(1)
The land title and survey; deed description according
to official records; names and addresses of record owners; and map
of survey of tract boundary (including all pertinent bearings and
distances) made and certified by a registered land surveyor.
(2)
The application for subdivision review, including
SEQRA forms.
(3)
All applicable fees.
(4)
Any engineering reports or support documents, including
correspondence from other approval agencies (Army Corps, NYSDEC, ECDOH,
etc.).
(5)
A stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article XII of Chapter 200, Zoning, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 200-62B of the Town Code. If a SWPPP is submitted to the Town pursuant to this section, the preliminary layout shall not be approved unless the layout and SWPPP comply with the requirements of Article XII of Chapter 200, Zoning.
[Added 12-19-2007 by L.L. No. 6-2007]
[Amended 12-15-1993 by L.L. No. 13-1993; 12-19-2007 by L.L. No. 6-2007; 5-26-2010 by L.L. No. 1-2010]
Subdivision plats shall be accompanied by separate
construction detail sheets, and both shall be submitted to the Planning
Office for review as follows:
A.
Drawing, scale and size of plat and construction detail
sheets. The subdivision plat and construction detail sheets shall
be clearly and legibly drawn. Maps and profiles shall be at a scale
of one inch equals 100 feet (preferred scale one inch equals 50 feet)
or greater. Maps shall be on uniform-size sheets, not larger than
24 inches by 36 inches. Whenever any project is of such size that
more than one sheet is required, then an index map on the same size
sheet shall accompany these sheets.
B.
Information to be shown on plat (as applicable to
major and minor subdivisions). Plats shall show the following information:
(1)
The proposed subdivision name or identifying title,
which shall not duplicate or too closely approximate that of any other
development in the municipality.
(2)
The date, approximate true North and scale.
(3)
The name, address and signature of the owner, subdivider
and licensed engineer, architect or land surveyor.
(4)
The names of owners of record of abutting properties
or developments.
(5)
The locations, names and widths of existing streets,
highways and easements, building lines, parks and other public properties.
(6)
The locations and widths of all proposed streets and
sidewalks, together with the names of streets and locations, dimensions
and status of all easements proposed by the subdivider.
(7)
Lot areas in square feet.
(8)
Lot lines with accurate dimensions and bearings of
angles.
(9)
Sufficient data to determine readily the location,
bearing and length of all lines and to reproduce such lines upon the
ground.
(10)
Radii of all curves and lengths of arcs.
(11)
The location, material and approximate size of all
monuments.
(12)
The accurate outline of all property which is offered
or to be offered for dedication for public use or for conservation,
with the purpose indicated thereon, and of all property that is proposed
to be reserved by deed covenant for the common use of the property
owners of the subdivision.
C.
Construction detail sheets. Construction detail sheets
shall show the following information, except that where requirements
have been waived, applicable specifications may be omitted:
(1)
Profiles shall show existing and proposed elevations
along the center lines of all streets. Where a proposed street intersects
an existing street or streets, within 100 feet of the intersection
shall be shown. All elevations must be referred to established United
States Government or approved local bench marks, where they exist,
within 1/2 mile of the boundary of the subdivision.
(2)
The Town Planning Board may require, where steep slopes
exist, that the present elevations of all proposed streets shall be
shown every 100 feet at five points on a line at right angles to the
center line of the street, and said elevation points shall be at the
center line of the street, each property line and points 30 feet inside
each property line.
(3)
Plans and profiles showing the location and a typical
section of street pavements, including curbs and gutters, sidewalks,
manholes and catch basins; the location of street trees, streetlighting
and standards and street signs; the location, size and invert elevations
of existing and proposed sanitary sewers, stormwater drains and fire
hydrants; and the exact location and size of all water, gas or other
underground utilities or structures.
D.
All plans shall conform to the Town minimum road specifications
and shall be subject to the approval of the Town Board or its designated
representative.
E.
The final plat must be accompanied by all permits
and approvals of other jurisdictional agencies and any other information
required by the Town Planning Board and Town Board during preliminary
approval.
F.
The final plat shall be accompanied by a stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article XII of Chapter 200, Zoning, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 200-62B of the Town Code. If a SWPPP is submitted to the Town pursuant to this section, the final plat shall not be approved unless the plat and SWPPP comply with the requirements of Article XII of Chapter 200, Zoning.
