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.
(c) 
Be accompanied by three copies of the preliminary plat, as described in Article VI, § 181-31, of this chapter.
(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.
(3) 
Be accompanied by three copies of the subdivision plat and the construction detail sheets approved by the Town Engineer, as described in Article VI, § 181-32, of this chapter.
(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.
Upon posting of the performance bond in accordance with Article III, § 181-7A, and after approval and filing of the subdivision plat, the subdivider may initiate land sales or construction of the subdivision itself.