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 duly authorized
agent shall apply in writing for approval of such proposed subdivision
in accordance with the following procedures.
Any owner of land shall, prior to subdividing
or resubdividing land, submit to the Town Clerk at least 10 days prior
to the regular meeting of the Board three copies of a sketch plan
of the proposed subdivision, for the purposes of classification and
preliminary discussion.
A.
The subdivider, or his 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.
B.
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 it necessary for protection of the public health, safety
and welfare, that a minor subdivision comply with all or some of the
requirements specified for major subdivisions.
C.
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.
Recommendation by the Planning Board.
[Amended 5-2-1988 by L.L. No. 1-1988[1]]
(1)
Within six months after classification of the sketch
plan as a minor subdivision by the Planning Board, the subdivider
shall submit an application for approval of a minor subdivision plat
to the Planning Board. Failure to do so shall require resubmission
of the sketch plan to the Planning Board for reclassification.
(2)
The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article V.
(3)
All applications for minor subdivision plat approval
shall be accompanied by a fee in the amount set forth in the Schedule
of Fees adopted by Town Board resolution and filed in the office of
the Town Clerk.
(4)
Six copies of the minor subdivision plat shall be
presented to the Town Clerk at least 10 days prior to the scheduled
meeting of the Planning Board for study and consideration.
(5)
The subdivider or his duly authorized representative
shall attend the next regularly scheduled meeting of the Planning
Board to discuss the minor subdivision plat.
(6)
The Planning Board shall, within 60 days from the
date of its receipt of the plat application, forward the plat to the
Town Board, with recommendations to approve, modify and approve or
disapprove the minor subdivision plat.
(7)
A recreation site fee shall be charged for each building
lot in the subdivision in an amount set forth in the Schedule of Fees
adopted by Town Board resolution and filed in the office of the Town
Clerk.
B.
Public hearing by the Town Board. A public hearing
shall be held by the Town Board within 45 days from the time of submission
of the minor subdivision plat for approval. Said hearing shall be
advertised in a newspaper of general circulation in the Town of Grand
Island at least 10 days before such hearings.
C.
Action on subdivision plat by the Town Board. Upon
receipt of the plat with the recommendations of the Planning Board,
or after a lapse of 90 days after application for approval of the
plat was filed, the Town Board will approve, modify or disapprove
the plat. Approval, however, shall not be deemed final until the subdivider
has complied with the provisions with respect to certification that
required improvements have been completed, or a bond satisfactory
to the Board has been posted in lieu thereof.
A.
Preliminary plats and supporting data shall comply with the provisions of Article V of this chapter.
B.
Six copies of the preliminary plat shall be presented
to the Town Clerk at least 10 days prior to a regular meeting of the
Town Board. Two copies shall be referred by the Town Board to the
Planning Board for study and consideration.
C.
The subdivider, or his duly authorized representative,
shall attend the next regularly scheduled meeting of the Planning
Board to discuss the preliminary plat.
D.
Within 45 days after the meeting of the Planning Board
at which the preliminary plat is reviewed, the Planning Board shall
notify the subdivider of the changes and modifications, if any, which
must be incorporated into the final plat before it shall be approved.
E.
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 lands as yet unsubdivided, and the requirements of the
Master Plan, the Official Map and the Zoning Ordinance,[1] if such exist.
F.
Approval of the preliminary plat, subject to conditions,
revisions and modifications as stipulated by the Planning Board, shall
constitute conditional Board approval of the subdivision as to the
character and intensity of the development and the general layout
and approximate dimensions of streets, lots and other proposed features.
G.
It is the policy of the Town to consider reservation
of parkland in accordance with the procedures of § 274-a,
Subdivision 6 of the New York State Town Law for each site plan and
subdivision presented to the Planning Board. The Planning Board is
authorized to make a finding whether reservation of land for parks
and recreation is required based on the Planning Board's evaluation
of the present and anticipated future needs for park and recreational
facilities in the Town based on projected population growth to which
the particular site plan or subdivision will contribute. When the
Planning Board makes a finding that the proposed site plan or subdivision
presents a proper case for requiring a park or parks suitably located
for playgrounds or their recreational purposes, but that a suitable
park or parks of adequate size to meet the requirement cannot be properly
located on such site plan or subdivision plat, the Planning Board
may require a sum of money in lieu thereof. Such fee shall be paid
to the Town Clerk prior to the approval of the final plat and in the
amount as set forth in the Schedule of Fees adopted by Town Board
resolution and filed in the office of the Town Clerk. Where recreation
site fees are charged in lieu of land, such fees are to set aside
in a fund to be used exclusively for park, playground or other recreational
purposes, including the acquisition of property consistent with § 274-a,
Subdivision 6(c) of the New York State Town Law. Land dedicated by
developers along creeks and ditches for drainage rights-of-way may
be considered as part of park and recreation areas, provided that
such drainage rights-of-way are in excess of the minimum lot requirements,
and such areas are suitable for use as parks and recreation areas.
[Amended 12-20-1976; 5-2-1988 by L.L. No. 1-1988; 7-3-2000 by L.L. No.
5-2000]
H.
The Planning Board shall, within 60 days of its receipt
of the plat application, forward the plat to the Town Board with recommendations
to approve, modify and approve or disapprove the preliminary plat.
I.
On receipt of the plat with recommendations of the
Planning Board or after a lapse of 90 days after the application for
approval of the plat was received, the Town Board will approve, modify
or disapprove the plat. Approval of the preliminary plat shall constitute
conditional approval of the subdivision by the Town Board.
A.
Review by Planning Board.
[Amended 5-2-1988 by L.L. No. 1-1988; 1-21-2014 by L.L. No.
4-2014]
(1)
The subdivider shall, within six months after the
conditional approval of the preliminary plat, file with the Town Board
six copies for approval of the subdivision plat in final form. All
applications for plat approval for major subdivision shall be accompanied
by a fee as set forth in the Schedule of Fees adopted by Town Board
resolution and filed in the office of the Town Clerk. If the final
plat is not submitted within six months after the conditional approval
of the preliminary plat, the Town Board may refuse to approve the
final plat and require resubmission of the preliminary plat.
(2)
The final plat shall conform in all important respects
to the preliminary plat as previously reviewed by the Board and shall
incorporate all modifications and revisions specified by the Planning
Board in its conditional approval of the preliminary plat. Otherwise,
the plat shall be considered as a revised preliminary plat.
(3)
The Town Board may permit submission of the final
plat in sections, each covering a portion of the entire proposed subdivision
as shown on the preliminary plat, in accordance with an approved schedule.
(4)
The Planning Board shall, within 45 days from the
date of receipt, forward the plat to the Town Board, with recommendations
to approve or disapprove the final subdivision plat.
B.
[1]Offers of cession. The subdivider will be required to tender
offers of cession, in a form certified as satisfactory by the Town
Attorney, of all sewers, drains, waterlines and all land included
in streets, parks or other public areas not specifically reserved
by him, but approval of the plat by the Town Board does not constitute
an acceptance by the Town of the dedication of these facilities.
C.
Approval by the Town Board.
(1)
The final plat and supporting data shall comply with the provisions of Articles IV and V of this chapter. Failure to do so shall be cause for tabling the plat. If the final plat is accompanied by a stormwater pollution prevention plan pursuant to § 327-42B of this chapter, the Town Board shall approve such SWPPP and final plat only if they meet the requirements of Article XXXV, Stormwater Management, of Chapter 407, Zoning.
[Amended 12-17-2007 by L.L. No. 5-2007]
(2)
Within 45 days after the Planning Board's official
action, the Town Board shall notify the subdivider, in writing, of
its approval or disapproval of the final plat.
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, unless said
plat is first resubmitted to the Town Board and such Board approves
any modifications. In the event that any such subdivision plat is
recorded without complying with this requirement, the same shall be
considered null and void, and the Town Board shall institute proceedings
to have the plat stricken from the records of the County Clerk.
Upon completion of the requirements above and
notation to that effect upon the subdivision plat, it shall be deemed
to have final approval and shall be properly signed by the Town Clerk
and may be filed by the applicant in the office of the County Clerk.
Any subdivision plat not so filed or recorded within 90 days of the
date upon which such plat is approved, or considered approved by reasons
of 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.
