The purpose of this article is to establish the procedure for review
and action on applications for subdivision approval in the Town of Tonawanda.
The procedure is intended to provide orderly and expeditious processing of
such applications.
Minor subdivisions shall be processed in the following steps:
A. Sketch plan conference (optional). (See §
185-12.)
B. Application for final plat approval.
D. Town Board review and environmental review.
E. Public hearing. (Some steps may be concurrent.)
F. Town Board action on final plat.
Major subdivisions shall be processed in the following steps:
A. Sketch plan conference (optional). (See §
185-12.)
B. Application for preliminary plat approval.
D. Town Board review and environmental review.
E. Public hearing. (Some steps may be concurrent.)
F. Town Board action on preliminary plat.
G. Application for final plat approval.
I. Public hearing (optional).
J. Town Board action on final plat.
The New York State Department of Health, Erie County Highway Department,
Erie County Department of Environment and Planning, Erie County Department
of Health and New York State Department of Environmental Conservation approval
may be required for any subdivision containing five or more lots. Early contact
by the applicant with these departments is advised.
[Amended 3-26-2007 by L.L. No. 2-2007]
A subdivision application shall be considered complete for purposes of commencing the applicable time period for action when certified by the Town Building Department. In the event that such certification is not made within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information specified in Article
IV of this chapter and the information lacking is provided, in writing, to the applicant by the Code Enforcement Officer. The Town Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the law, as is reasonably necessary to make an informed decision. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents.
The time periods prescribed herein within which the Town Board must
take action on a preliminary plat or a final plat are specifically intended
to provide the Town Board and the public adequate time for review and to minimize
delays in the processing of subdivision applications. Such periods may be
extended only by mutual consent of the applicant and the Town Board. In the
event that the Town Board fails to take action on a preliminary plat or a
final plat within the time prescribed therefor after completion of all requirements
under the State Environmental Quality Review Act or within such extended period as may have been established by
the mutual consent of the applicant and the Town Board, such preliminary or
final plat shall be deemed granted approval. The certificate of the Town Clerk
as to the date of submission of the preliminary or final plat and the failure
of the Town Board to take action within the prescribed time shall be issued
on demand and shall be sufficient in lieu of written endorsement or other
evidence of approval herein required.
Within five business days from the date of the adoption of the resolution
approving the final plat, the Supervisor or other duly authorized town official
shall cause a copy of such resolution to be filed in the office of the Town
Clerk.
When a county planning agency has been authorized to review subdivision
plats pursuant to § 239-n of the General Municipal Law of the State
of New York, the Town Clerk shall refer all applicable preliminary and final
plats to such county planning agency as provided in that section.
The applicant shall file in the office of the County Clerk such approved
final plat or a section of such plat within 62 days from the date of final
approval or such approval shall expire. The following shall constitute final
approval: the signature of the duly authorized officer of the Town Board constituting
final approval by the Town Board of a plat as herein provided; or the approval
by such Town Board of the development of a plat or plats already filed in
the office of the County Clerk if such plats are entirely or partially undeveloped;
or the certificate of the Town Clerk as to the date of the submission of the
final plat and the failure of the Town Board to take action within the time
herein provided. In the event that the applicant shall file only a section
of such approved plat in the office of the County Clerk, the entire approved
plat shall be filed within 30 days of the filing of such section with the
Town Clerk. Such section shall encompass at least ten 10% of the total number
of lots contained in the approved plat, and the approval of the remaining
sections of the approved plat shall expire unless said sections are filed
before the expiration of the exemption period to which such plat is entitled
under the provisions of Subdivision 2 of § 265-a of the Town Law
of the State of New York.
In order that the town has the assurance that construction and installation
of public improvements will be guaranteed, the applicant shall enter into
one of the following agreements with the town:
A. Construct all public improvements as required by this
chapter and by the Town Board prior to issuance of a building permit; or
B. In lieu of the completion of the improvements prior to issuance of a building permit, furnish guaranty as provided in Article
VI of this chapter.
[Amended 3-26-2007 by L.L. No. 2-2007]
If at any time before or during construction of the public improvement
it is demonstrated that unforeseen conditions make it necessary to modify
the location or design of public improvements, the Code Enforcement Officer
or Town Engineer may authorize such modifications, provided that these modifications
are within the spirit and intent of the Town Board's approval and do
not substantially alter the function of any such improvement required by the
Town Board. Any such authorization issued under this section shall be in writing.
The owner of an approved subdivision may abandon such subdivision pursuant
to the provisions of § 560 of the Real Property Tax Law of the State
of New York.