Whenever any subdivision is proposed, before the transfer of any lot or other interest therein and before the execution of any contract providing for such transfer, and before any permit for the erection of any structure in such proposed subdivision shall be granted, the subdivider or his authorized agent shall apply for and secure the final approval of the Planning Board for such proposed subdivision, and shall record the plat in the office of the Cattaraugus County Clerk in accordance with the procedures set forth herein.
A. 
Filing requirement. Should the subdivider interpret these regulations as defining his proposal as a minor subdivision, he must submit a letter of intent to the Planning Board on the standard form available from the Town Clerk of the Town. Attached to the letter of intent shall be a scale drawing of the proposed subdivision.
B. 
Submission requirement. The letter of intent shall be submitted in duplicate to the Town Clerk who shall forward the submittal to the Chairman of the Planning Board. Such letter shall be submitted at least seven days prior to the meeting of the Planning Board at which the matter is to be considered and the Town Clerk shall give notice of such meeting to the subdivider, who may attend but is not required to do so.
C. 
Planning Board review. The Planning Board shall review and respond to the letter of intent within 45 days of the date that the letter of intent is received by the Town Clerk.
(1) 
If the Planning Board determines that the proposal does not meet the criteria established for a minor subdivision, it shall return one copy of the letter of intent to the subdivider and require that the subdivider submit a preliminary plat as outlined in Article II, § 116-7, of this chapter.
(2) 
If the Planning Board determines that the proposal does meet the criteria established for a minor subdivision, but further determines that the proposed subdivision will have a potentially major impact on the orderly growth or development of the Town, it shall return one copy of the letter of intent to the subdivider and require that the subdivider submit a preliminary plat as outlined in Article II, § 116-7, of this chapter.
(3) 
If the Planning Board determines that the proposal does meet the criteria established for a minor subdivision and further determines that the proposed subdivision will not have a major impact on the orderly growth or development of the Town, it shall return one copy of the letter of intent to the subdivider marked as approved, dated, and signed by the Chairman of the Planning Board. The Planning Board Chairman may also be authorized by the Planning Board to sign a plat for filing in the Cattaraugus County Clerk's office if the requirements of this subsection have been met.
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
General.
(1) 
Prior to the preparation of the preliminary plat, the subdivider should seek the assistance of the Planning Board in order that he may become familiar with the requirements for subdivision and with other plans, proposals or regulations which might affect the geographic area in which the proposal subdivision is located.
(2) 
On reaching conclusions regarding his general program and objectives, the subdivider shall make application, in writing, to the Planning Board for preliminary approval of the proposed subdivisions. Included in this submission shall be three copies of the preliminary plat and all other exhibits required in Article II, §§ 116-7 and 116-8, of this chapter.
(3) 
Preliminary approval applications shall be submitted to the Town Clerk, who shall forward the application to the Chairman of the Planning Board. Applications shall be accompanied by a fee as set forth in § 116-16.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Public hearing. As required by § 276 of the Town Law, the Planning Board shall hold a public hearing within 62 days after receipt of the submission. The hearing must be advertised at least once in a newspaper of general circulation in the Town at least five days before it is held. The Town Clerk shall notify the subdivider, in writing, of the date of the public hearing.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Review of preliminary plat.
(1) 
The subdivider or his agent shall attend the next scheduled meeting of the Planning Board after the public hearing to discuss the preliminary plat.
(2) 
The Planning Board shall carefully study the practicability of the proposed layout, taking into consideration the requirements of the community, and the best use of the land being subdivided. Particular attention shall be given to the following areas:
(a) 
Arrangement, location, and width of streets.
(b) 
Relation of proposed street and lot layout to the topography of the land.
(c) 
Domestic water supply.
(d) 
Sanitary sewage disposal.
(e) 
Storm drainage.
(f) 
Lot sizes and arrangement.
(g) 
Future development of adjacent lands.
(h) 
The requirements of the future Town Zoning Ordinance[3] and any applicable Town Master Plans.
[3]
Editor's Note: See Ch. 140, Zoning.
(i) 
Setback distance from main roadway.
(j) 
Fire apparatus accessibility to residences in case of emergency (review by local Fire Department).
(k) 
Affect on traffic flow at access to main roadway.
D. 
Approved.
(1) 
Within 62 days after the public hearing, the Planning Board shall advise the applicant, in writing, of its decision. Time can be extended by mutual agreement. In its written decision, the Planning Board shall, if granting preliminary approval, state the specific changes, if any, which it will require, the character and extent of any required improvements and reservations which it will require, and any special conditions applicable as a prerequisite to the approval of a final subdivision plat.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
One copy of the preliminary plat shall be returned with the written decision having an attached notation stating that it has received preliminary approval, the date of the preliminary approval, and that the preliminary approval is revocable pending compliance with the final approval requirements.
(3) 
If the preliminary plat is disapproved, the Planning Board shall clearly state the reasons for its disapproval.
A. 
Form. The preliminary plat shall be clearly and legibly drawn. The map shall be on one or more sheets 20 inches by 20 or 40 inches. All maps of subdivisions containing less than 50 acres shall be drawn at scale no smaller than one inch equals 100 feet; larger subdivisions may be drawn at a scale of one inch equals 200 feet.
B. 
Coverage. The preliminary plat shall include all land intended for ultimate development even though only a portion of the tract is to be initially recorded.
C. 
Data and maps required for preliminary plat submission.
(1) 
Data and maps shall be provided, including the following information describing the existing conditions at the site, except when otherwise specified by the Planning Board:
(a) 
Location of tract, including name of Town or towns, and range, township and lots per the Holland Land Company's survey and recordings information of the deed, including the liber and page numbers;
(b) 
Existing property lines, easements, streets, and rights-of-way;
(c) 
Existing utility lines on or adjacent to the tract, including location, size and invert elevations;
(d) 
Existing ground elevation contours on the tract at intervals of not more than five vertical feet; other conditions on the tract, including watercourses, marshy floodable areas, wooded areas, houses, other buildings and other significant features; zoning on and adjacent to the tract; and land title and survey (if any) by deed description and map survey.
(2) 
The preliminary plat map shall include the following information, except when otherwise specified by the Planning Board:
(a) 
Proposed streets information, including names, rights-of-way and road way widths; approximate grades and gradients.
(b) 
Other proposed rights-of-way or easements and their location, width and purpose.
(c) 
Locations of proposed and existing utilities.
(d) 
Lot lines, lot numbers and block letter.
(e) 
Sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses.
(f) 
Sites, if any, for multifamily dwellings, stores or shops, shopping centers, churches, industry or restaurants or other uses exclusive of single-family dwelling.
(g) 
Minimum building setback lines.
(h) 
A table of site data, including number of residential lots, individual lot area, areas of parks, or other specified nonresidential use.
(i) 
Subdivision name or title under which it will eventually be recorded. Also, the scale of the plat, North point, date, name and address subdivider, and the name, address, and license number of designer or engineer.
(3) 
Additional data and maps shall be provided, further detailing the proposed improvements, including the following, except than otherwise specified by the Planning Board:
(a) 
Profiles along the center line of proposed streets showing existing ground surface, and proposed finished street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivisions.
(b) 
Typical cross sections of the proposed street rights-of-way showing grading, street, sidewalks (if applicable), and utility locations.
(c) 
Preliminary plans of water supply approved by the Health Department.
(d) 
Preliminary plans for sanitary sewage collection and treatment or disposal approved by the Health Department.
(e) 
Preliminary drainage plan, including proposed individual lot drainage and proposed method of collection and discharging of storm drainage.
(f) 
If the water supply proposed involves an extension to an existing municipal water system, a letter of approval shall be provided from the governing body of the concerned water district stating that they are able and willing to provide safe and reliable water service to all lots in the proposed subdivision, that sufficient water is available for adequate fire protection, and that they approve the preliminary water system plan accompanying the application.
(g) 
If the sewage collection system is an extension to an existing municipal sewage collection system, a letter of approval shall be provided from the governing body of the concerned sewage district stating that they are able and willing to accept the flows generated by the proposed subdivision and that they approve the preliminary sewage system plan accompanying the application. A letter from the governing body of the ultimate treatment facility stating that the have sufficient capacity to accept the expected flows shall be provided.
(h) 
All plans for public improvements shall be prepared by a professional engineer or land surveyor registered to practice in the State of New York, pursuant to applicable provisions of the New York State Education Law.
(4) 
In addition, a draft of protective covenants or restrictions whereby the subdivider proposes to regulate land use in the subdivision. This shall include deed restrictions, homeowners' associations, etc. The Planning Board may require inclusion of certain restrictions or covenants or the formulation of mandatory homeowners' associations as prerequisite to approval of the final plat.
A. 
General.
(1) 
Within six months of the tentative approval of the preliminary plat, the applicant shall file a final application with the Planning Board for approval of subdivision plat. The time allotment may be extended by mutual agreement between the subdivider and the Planning Board. The application shall include three copies of the plat and other exhibits required for approval as specified in Article II, §§ 116-9 and 116-10, of this chapter.
(2) 
Applications shall be submitted to the Town Clerk who shall forward the application to the Chairman of the Planning Board.
B. 
Public hearing.
(1) 
As required by § 276 of the Town Law, the Planning Board shall hold a public hearing within 62 days after the receipt of the plat in final form. The hearing must be advertised at least once in a paper of general circulation in the Town at least five days before it is held. If the Planning Board deems the final plat to be in "substantial agreement" with the approved preliminary plat, the hearing may be waived.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The Town Clerk shall notify the subdivider, in writing, of the date of the public hearing.
C. 
Review process.
(1) 
The subdivider or his agent shall attend the meeting of the Planning Board when his application is considered to present the final application for plat approval.
(2) 
Within 62 days after the public hearing, or 62 days after the final plat submission, if the hearing has been waived, the Planning Board must approve, conditionally approve, with or without modification, or disapprove the final plat.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend, for periods of 90 days each, the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances. Once the conditions are met, the plat must be signed by an official of the Planning Board before it may be filed. If a plat is disapproved, the Planning Board shall clearly state the reasons for its disapproval.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town or by the Town Special Improvement Districts of any street, park, playground, open space, water facilities, sewage facilities, drainage facilities, or other areas and improvements shown on the plat. All improvements shall meet the applicable standards of the Town.
D. 
Filing. After the satisfactory completion of the foregoing procedures and of the requirements outlined elsewhere herein and the notation to that effect upon the plat, it shall be deemed to have final approval and within 62 days thereafter the developer must file the plat with the County Clerk. Otherwise, such approval will expire as provided in § 276 of the Town Law.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Form. The final subdivision plat shall be clearly and legibly drawn or reproduced in such a manner as to be acceptable for filing by the Cattaraugus County Clerk's office. Where necessary, the plat may be several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Board.
B. 
Content. The final plat, which must be prepared and certified by a professional engineer or land surveyor, shall show, in addition to information approved in the preliminary application the following:
(1) 
Primary control points, approved by the Town Planning Board, or descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred.
(2) 
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-ways, and property lines of lots; with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
(3) 
Purpose for which lots are dedicated or reserved.
(4) 
Location and description of monuments (shown thus "X") and lot corner markers (shown thus "O").
(5) 
Adjoining properties shall be clearly indicated and shall include owner's name and recording data of relevant deeds.
(6) 
Certification of title showing the state of title of the parcel proposed to be subdivided and that the applicant has authority to act in capacity of subdivider.
(7) 
Water supply and sewage disposal facilities, together with locations and other necessary details with certification of approval by the Cattaraugus County Health Department. Where any water or sewer line, water plant or sewage treatment plant is to be installed by the subdivider and/or municipality outside existing districts, the establishment of enlargement of a water district and/or a sewer district may be required at the expense of the subdivider. The formation of private utility companies, if any, shall be in accordance with the Transportation Corporations Law in New York State. Water and sewer lines, facilities, and appurtenances will be conveyed to the Town if required by the Planning Board.
(8) 
Offers of cession by owner dedicating streets, rights-of-way and any sites proposed for public uses; and final agreements covering the improvement and maintenance of unceded public spaces and areas designated for common use and/or ownership and the conditions and time limits, if any, applying to site reservations.
(9) 
Title or name under which subdivision will be filed, scale, North point and date.
(10) 
Assurance from each public utility company whose facilities are proposed to be installed, in writing, addressed to the Planning Board, stating that such public utility company has made or shall make the installations necessary for the furnishing of its services in accordance with the approved construction detail sheets. This letter shall specify the time when service will be available. Locations of such public utilities are subject to the review and approval of the Planning Board.
C. 
Supplementary information. The final submission shall include the following data and supplementary information:
(1) 
Certification that the subdivider has complied with one of the following alternatives:
(a) 
All improvements have been installed in accordance with the requirements of these regulations and with the action of the Planning Board giving conditional approval of the preliminary layout; or
(b) 
A bond or certified check, approved by the Town Attorney, has been posted which is available to the Town and, in the judgement of the Planning Board, is sufficient in amount to assure such completion of all required improvements within a period of time to be set by the Planning Board.
(2) 
Other data. Such other certificates, affidavits, endorsements, protective covenants or other agreements as may be required by the Planning Board or the Town Attorney in the enforcement of these regulations.
(3) 
Certification that the subdivider has complied with one of the following alternatives:
(a) 
Drawings clearly and legibly drawn or reproduced on tracing cloth or Mylar on sheets 24 inches by 36 inches showing all public improvements as built; or
(b) 
A bond or certified check, approved by the Town Attorney, has been posted which is available to the Town and, in the judgement of the Planning Board, is sufficient in amount to assure the completion of all required improvements within a period of time to be set by the Planning Board of all as-built drawing.