Whenever any subdivision of land is proposed
to be made and before any contract for the sale of or any offer to
sell any lots in such subdivision or any part thereof is made and
before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or his or her duly authorized
agent shall apply, in writing, for approval of such proposed subdivision
in accordance with the following procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Town Building Department at least 10 days prior to the regular meeting of the Planning Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 169-26, for purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification. The subdivider or his or her 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. 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 this chapter. The Board may require, however, when it deems 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 III, §§ 169-9 and 169-13, of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 169-10 through 169-14.
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 recommendations, in writing,
to be incorporated by the applicant in the next submission to the
Planning Board.
A.
Application. 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 Planning Board for its recommendation for approval of the final plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The final plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board during sketch plan review. Said application shall also conform to the requirements listed in Article V, § 169-27.[1]
B.
Fee and submission deadline. All applications for
final plat approval for minor subdivisions shall be accompanied by
a fee in the amount as set forth from time to time by resolution of
the Town Board. Applications must be submitted to the Town Building
Department at least 10 days prior to the regular meeting of the Planning
Board.[2]
D.
Submission of environmental assessment form. The subdivider
shall submit an environmental assessment form, duly prepared, as prescribed
in the regulations under the State Environmental Quality Review Act
(6 NYCRR Part 617), as amended. The Town Board shall make a determination
of the environmental significance of this action prior to issuing
any approval. Subsequent procedures under SEQRA will coincide as closely
as possible with the procedures under this chapter.[4]
F.
Submission schedule. The Planning Board shall make its recommendations to the Town Board within 31 days of the Planning Board's receipt of the application for its recommendation for plat approval complete and accompanied by the required fee and all data required by Article V, § 169-27, of this chapter. The Town Board shall hold a public hearing within 62 days of the Planning Board's receipt of the application for its recommendation for plat approval and after the Town Board's receipt of the Planning Board's recommendations for said approval. Said hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing if no hearing is held on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The hearing on the preliminary plat shall be closed upon motion of the Town Board within 120 days after it has been opened.[6]
G.
Action on final subdivision plat. After the SEQRA
process has been completed and the public hearing has been closed,
the Town Board shall, within 62 days, act to conditionally approve,
conditionally approve with modification, disapprove, or grant final
approval and authorize the signing of the 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.[7]
H.
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 the Clerk's 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 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 not to exceed two additional
periods of 90 days each.
I.
Approval of a minor subdivision shall expire 62 days
from the date of approval unless within such period a plat in conformity
with such approval and the provisions of this chapter or a deed clearly
describing the approved minor subdivision is filed by the applicant
with the Niagara County Clerk's office. Any such plat or deed accepted
for such filing shall have been signed by the duly authorized officer
of the Town Board. The Town Board may, for good cause shown, extend
the period for recording for an additional period not to exceed 90
days from the date of signing of the plat.
A.
Application. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application with the Planning Board for its recommendation for approval of the preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in Article V, § 169-28, hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in Article V, § 169-28, of this chapter, except where a waiver may be specifically authorized by the Town Board.
[Amended 9-15-2008 by L.L. No. 8-2008]
B.
Fee and submission deadline. The application for approval of the preliminary plat shall be accompanied by a fee in the amount as set forth from time to time by resolution of the Town Board and also by an environmental assessment form as described in § 169-9D above. Applications must be submitted to the Town Building Department at least 10 days prior to the regular meeting of the Planning Board.
C.
Number of copies. Five copies of the preliminary plat
shall be presented to the Planning Board at the time of submission.
D.
Subdivider to attend Planning Board meeting. The subdivider
or his or her duly authorized representative shall attend the next
regularly scheduled 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 land, as yet unsubdivided, and the requirements of the Comprehensive Plan; the Official Map; Chapter 200, Zoning; and the Greenspace Master Plan.
G.
The Town Board shall hold a public hearing within
62 days of receipt of a plat application and after its receipt of
the Planning Board's recommendations. Said hearing shall be advertised
at least once in a newspaper of general circulation in the Town at
least five days before such hearing if held independently of the hearing
on the draft environmental impact statement or 14 days before a hearing
held jointly therewith. The Town Board may provide that the hearing
be further advertised in such manner as it deems most appropriate
for full public consideration of such final plat. The hearing on the
final plat shall be closed upon motion of the Town Board within 120
days after if has been opened.
[Amended 9-15-2008 by L.L. No. 8-2008]
H.
Approval of the preliminary plat. After the SEQRA
process has been completed and within 62 days after the close 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 the Town
Clerk's 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 9-15-2008 by L.L. No. 8-2008]
I.
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, and 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. The Town Board shall
also state the need for the formation of any special districts necessary
for the project (such as a lighting district). 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 the approval
of the Town Board and for recording upon fulfillment of the requirements
of this chapter. Prior to approval 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.
[Amended 11-26-2018 by L.L. No. 5-2018]
A.
Application for approval and fee. The subdivider shall,
within six months after the approval of the preliminary plat, submit
an engineer's report and design plans to the Town Building Department.
Plans must conform to all requirements of the Town of Wheatfield Public
Improvement Permit (PIP) Program and to Town standard details. A check
for the appropriate review fee, as set forth from time to time by
resolution of the Town Board, which covers two reviews of the plans
by the Town Engineer, shall be submitted to the Building Department
along with the plans. If additional expenses are requested by the
Town Engineer for the third or additional reviews, such expenses shall
be approved by the Town Board upon recommendation by the Department
Heads of the Highway, Sewer, Building and Water Departments. 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.[1]
B.
Number of copies. The subdivider shall provide the
Town Building Department with two copies of an engineer's report and
five sets of design plans for distribution to the Town Engineer and
Town Highway, Sewer and Water Departments for review.
C.
Submission schedule. The Planning Board shall make its recommendations to the Town Board after the Town Engineer has reviewed the plans and recommended approval to the Planning Board. Within 62 days of the Planning Board's recommendation to the Town Board, a hearing may 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 § 169-10 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 requirement for such public hearing.
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 Niagara 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 Niagara County Department
of Health shall be secured by the subdivider before official submission
of the final subdivision plat. The final subdivision plat shall also
be referred to the County Planning Agency, when required, as provided
for under General Municipal Law, § 239-n.
E.
Approval of 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 the Planning Board's recommendation
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 shall be deemed
approval of the plat.
F.
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 the Clerk's 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.
G.
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 not to exceed two
additional periods of 90 days each.
A.
Improvements and performance bond. All public improvements in the Town of Wheatfield shall be designed and constructed in compliance with the Town's Standard Specifications, in full accord with the provisions of Chapter 138, Public Improvements.[1]
[1]
Editor's Note: Said standards are on file
at the office of the Building Department.
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 of the Town Board, authorize modifications, provided that
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 to the Town Board
at its next regular meeting.
C.
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.
D.
Modification of Town standards. The Town Standard
Specifications and/or Standard Details may be changed, modified or
updated from time to time if such changes are considered desirable
by the Town. Construction plan approval shall expire and be of no
further effect 12 months from the date of approval of the Town Board.
Extension time may be applied for if acceptable to the Town Board
and if construction plans are updated to conform to current Town requirements.
When the construction of an approved subdivision is phased, all phases
not constructed within 12 months of the date of approval of the Town
Board are subject to the above requirements.[2]
[2]
Editor's Note: Said standards are on file
at the office of the Building Department.
E.
Road and easement dedication. The subdivider must
also provide, prior to acceptance of constructed public improvements,
in a form approved by the Town Attorney, a dedication deed for all
roadways and/or easements within the subdivision which are to be dedicated
to the Town.
F.
The subdivider must also pay a fee, as set forth from
time to time by resolution of the Town Board, for recordation of each
roadway and easement dedication. The fee shall be of sufficient amount
to offset the costs of recordation and handling.[3]
[Amended 9-15-2008 by L.L. No. 8-2008]
[3]
Editor's Note: A fee schedule is on file at
the office of the Town Clerk.
G.
Lighting districts. For new subdivisions (subdivisions that have
not received final plat approval as of the date of the filing of this
amendment to this chapter) requiring new roads and the installation
of streetlighting, the applicant shall support and pay for all costs
associated with the Town of Wheatfield forming a lighting district
for the subdivision. This district must be in place prior to Town
Board approval of the final plat.
[Added 11-26-2018 by L.L.
No. 5-2018]
A.
Final approval and filing. Upon completion of the requirements in § 169-11 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 the failure of the Town Board to act shall become null and void.
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 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 for any such recreation area.
