Whenever any subdivision of land is proposed,
before any contract for the sale of any part thereof and before any
permit for the erection of a structure in such proposed subdivision
shall be granted, the subdivision owner or his authorized agent shall
apply for and secure approval of such proposed subdivision in accordance
with the procedures set forth in this chapter.
A.
Discussion of requirement. Before preparing the preliminary
plat, the applicant shall discuss with the Planning Board or its representative
the requirements of land, street improvements, drainage, sewerage,
water, fire protection and similar aspects, as well as the availability
of existing services.
B.
Application procedure.
(1)
Prior to filing an application for the approval of
a subdivision plat, the applicant shall file an application for the
approval of a preliminary plat. The application shall:
(a)
Be made on forms available at the office of
the Town Clerk.
(b)
Include all land which the applicant proposes
to subdivide as well as lands owned by the applicant adjacent to the
area proposed for subdivision.
(d)
Comply in all respects with Article IV of this chapter and with the provisions of §§ 276 and 277 of the Town Law, except where a modification may be specifically authorized by the Town Board.
(e)
Be accompanied by a fee payable to the Town
Clerk, as set forth by resolution of the Town Board from time to time,
at least two weeks before the next regularly scheduled Town Board
meeting. If the applicant subsequently elects not to file an application
for approval of a subdivision plat, no fees shall be returned.
[Amended 5-11-1993 by L.L. No. 1-1993]
(2)
The date when a preliminary plat shall be considered
submitted to the Town Board shall be the date of the next meeting
of the Town Board after receipt of the same by the Town Clerk.
[Amended 5-11-1993 by L.L. No. 1-1993]
C.
Study of preliminary plat. The Town Board will carefully
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 will be given to the arrangement,
location and width of streets, their relation to the topography of
the land, sewerage disposal, drainage, lot sizes and arrangement,
preservation of natural features, the future development of adjoining
lands as yet unsubdivided and the requirements of the Comprehensive
Plan and the Official Map as they may be adopted. In addition, the
Town Board will take into consideration utility and transportation
plans prepared by the Erie and Niagara Counties Regional Planning
Board and agencies of the State of New York. The Town Board shall
refer the preliminary plat to the Town Planning Board for its review
and recommendation within 45 days of referral.
[Amended 5-11-1993 by L.L. No. 1-1993]
D.
A public hearing shall be held by the Town Board within
45 days after the time of receipt of the report from the Town Planning
Board. This hearing shall be advertised in a newspaper of general
circulation in the Town at least five days before such hearing.
[Added 5-11-1993 by L.L. No. 1-1993]
E.
Applicant to attend Town Board meeting. The applicant
should be prepared to attend the next regular meeting of the Town
Board after the receipt of the report from the Town Planning Board
and any subsequent meetings deemed necessary by the Town Board to
discuss the preliminary plat.
[Amended 5-11-1993 by L.L. No. 1-1993]
F.
Required changes for conditional approval. Within
45 days after the time of the receipt of the report from the Town
Planning Board, the Town Board shall take action to conditionally
approve, with or without modifications, or to disapprove such preliminary
plat, and the ground of any modification required or the ground for
disapproval shall be stated upon the records of such Town Board. Failure
of the Town Board to act within such forty-five-day period shall constitute
a conditional disapproval of the preliminary plat.
[Amended 5-11-1993 by L.L. No. 1-1993]
A.
Application procedure. Within six months of the conditional
approval of the preliminary plat, the applicant shall file with the
Town Board an application for approval of a subdivision plat. Failure
to file within said six months shall deem the application withdrawn.
The application shall:
[Amended 5-11-1993 by L.L. No. 1-1993]
(1)
Be made on forms provided by the Town Board at the
time of conditional approval of the preliminary plat.
(2)
Include the entire subdivision.
(4)
Comply in all respects with the preliminary plat as
conditionally approved.
(5)
Be presented to the Town Clerk at least two weeks
prior to a regular meeting of the Board in order that the application
may be referred to the Town Planning Board for its review and recommendation
within 45 days and a public hearing may be scheduled and the required
notice given.
B.
Official submittal date. The subdivision plat shall
be considered officially submitted only at the regular meeting of
the Town Board following completion of the application procedure outlined
above.
C.
Endorsement of State Health Department. The proposed
subdivision plat shall be properly endorsed by the State and/or County
Health Department as meeting the standards of the State Sanitary Code,
Public Health Law or other applicable health codes before any public
hearing is scheduled. The plat should be in final form before State
and/or County Health Department approval.
D.
New York State environmental quality review. A New
York State environmental quality review utilizing the full environment
impact assessment procedure shall be completed by the developer and
the appropriate governmental agency before consideration by the Town
Board.
[Added 5-11-1993 by L.L. No. 1-1993]
E.
County Official Map notification. The Town Board will
also, if the county has established a County Official Map, notify
the Erie County Department of Environment and Planning and the County
Superintendent of Highways or Commissioner of Public Works if the
subdivision plat proposes structures or new streets having frontage
on or access to or is otherwise directly related to any county road,
existing or proposed, as shown on the County Official Map. The County
Planning Board shall report to the Town Board within 30 days on its
approval or disapproval or on its approval subject to stated conditions
on the proposed subdivision plat. The plat may be approved by the
Town subject to stated conditions, notwithstanding such report, when
the application of such report will act to deprive the owner of the
reasonable use of his hand.
F.
Public hearing. Before the Town Board acts on any
subdivision plat, it shall hold a public hearing thereon within 45
days after the time of receipt of the report of the Town Planning
Board. If any zoning changes are to be requested at the time of approval
of the subdivision plat, a public hearing thereon must be held in
accordance with § 281 of the Town Law. The two public hearings
may be held at the same time.
[Amended 5-11-1993 by L.L. No. 1-1993]
G.
Action on proposed subdivision plat. After careful
study, the Town Board shall, within 45 days from the public hearing
on the subdivision plat, approve, modify or disapprove such plat.
The grounds for disapproval of any plat shall be stated on the records
of the Town Board. A subdivision plat shall not be signed by the authorized
officers of the Town Board until the applicant has met all the conditions
of the action granting approval of such plat.
H.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been given by the Town Board and endorsed, in writing,
on the plat. In the event that any subdivision plat, when recorded,
contains any such changes, the plat shall be considered null and void,
and the Town Board shall institute proceedings to have said plat stricken
from the records of the County Clerk.
I.
Signing of plat.
(1)
Every subdivision plat submitted to the Board for
its approval shall carry the following endorsement:
|
"Approved by resolution of the Town Board of
the Town of New York, on the _____ day of __________, 20___, subject
to all requirements and conditions of said resolution. Any change,
erasure, modification or revision of this plat, as approved, shall
void this approval. Signed this _____ day of __________, 20___, by
____________________________."
|
(2)
In the absence of the Supervisor or Clerk, the Acting
Supervisor or Acting Clerk, respectively, may sign in his place. If
there is a County Official Map, such endorsement shall stipulate that
the plat does not conflict with the County Official Map or, in cases
where the plat does front on or have access to or is otherwise related
to roads or drainage systems shown on the County Map, that such plat
has been approved by the County Planning Board in the manner specified
by § 239-k of the General Municipal Law.
[Amended 5-11-1993 by L.L. No. 1-1993]
A.
Improvements and performance bond. Prior to an action
by the Town Board approving a subdivision plat, the applicant shall
be required to complete, in accordance with the Town Board's decision
and to the satisfaction of the appropriate Town department, all the
street, sanitary and other improvements specified in the action approving
said plat or, as an alternative, to file with the Town Board a performance
bond in an amount estimated by the Town Engineer to secure to the
Town the satisfactory construction and installation of the incompleted
portion of the required improvements. Such amount shall equal an estimated
100% of the cost of such improvements. A period of one year or such
other period as the Town Board may determine appropriate, within which
required improvements must be completed, shall be specified by the
Town Board and expressed in the bond. Such performance bond shall
comply with the requirements of § 277 of the Town Law and
shall be satisfactory to the Town Board as to form, sufficiency and
manner of execution. The bond shall provide that an amount determined
adequate by the Town Board [a minimum of 10%] is retained for a period
of one year after the date of completion of the required improvements
to assure their satisfactory condition. All required improvements
shall be made by the applicant at his expense without reimbursement
by the Town or any district therein. Said improvements shall include
the following:
(1)
Streets and streetlighting facilities.
(2)
Street signs.
(3)
Curbs and gutters.
(4)
Grass curb strips.
(5)
Sidewalks.
(6)
Street and shade trees.
(7)
Monuments.
(8)
Stormwater runoff system.
(9)
Sanitary sewage system.
(10)
Water table (drainage) control.
(11)
Flood protection measures.
(12)
Bank stabilization.
(13)
Water supply system.
(14)
Park and recreation facilities.
(15)
Electrical, telephone and utility lines.
(16)
Plantings and ground cover.
B.
Inspection of improvements. The Town Engineer shall act as agent for the Town and Planning Boards for the purpose of assuring the satisfactory completion of improvements required by the Town Board and shall determine an amount to defray costs of inspection. The applicant shall pay the Town costs of inspection before the subdivision plat is signed for filing. This cost shall be in addition to the fees required in Article III, § 181-5B(1)(e). If the Town Board or it agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with Town Board recommendations or the approved construction detail sheet, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.
C.
Offers of cession and release.
(1)
The plat shall be endorsed with the necessary agreements
in connection with required easements or releases. Offers of cession
to the Town shall be presented prior to plat approval.
(2)
Formal offers of cession to the Town of all streets
and parks not marked on the plat with notation to the effect that
such cession will not be offered shall be filed with the Town Board
prior to plat approval. If the owner of he land or his agent who files
the plat does not add as part of the plat a notation to the effect
that no offer of dedication of such streets, highways or parks or
any of them is made to the public, the filing of the plat in the office
of the County Clerk or register shall constitute a continuing offer
of cession of the streets, highways or parks or any of them to the
public, and said offer of cession may be accepted by the Town Board
at any time prior to revocation of said offer by the owner of the
land or his agent.
(3)
Before final approval of the subdivision plat, the
Town Board will require a certificate of approval from the Town Attorney
as to the legal sufficiency of the offers of cession by the subdivider
of the areas for public use such as parks, streets, playgrounds and
other areas.
Upon completion of all requirements set forth
in the action approving the subdivision plat and notation to that
effect upon the subdivision plat, it shall be deemed to have final
approval and shall be properly signed by the appropriate officer of
the Town Board and may be filed by the applicant in the office of
the Erie County Clerk. Any subdivision plat not so filed and recorded
within 90 days of the date upon which said plat is approved or considered
approved by reason of the failure of the Town Board to act shall become
null and void unless the particular circumstances of said applicant
warrant the Town Board to grant an extension which shall not exceed
two additional periods of 90 days. The applicant shall provide the
Town Clerk with a copy of said plat on file in the county office.
For a resubdivision, the same procedure, rules
and regulations apply as for a subdivision.
The approval by the Town Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town of any street, park, playground or other open space shown on said plat. The Town Board may require said plan to be endorsed with appropriate notes to this effect. If the Town Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or are otherwise not practical, the Board may require as a condition to approval of any such plat a payment to the Town of a sum to be determined by the Town Board, which sum shall constitute a trust fund to be used by the Town Board exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. Article IV, § 181-14H, may be used as a guide in determining but not limiting this sum. The Town Board may require the filing of a written agreement between the applicant and the Town Board covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area, as well as a written agreement covering the maintenance and plowing of all streets within the subdivision until such time as they are accepted for public maintenance by the Town Board.
