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 subdividing owner, or his authorized agent,
shall apply for and secure approval of such proposed subdivision in
accordance with the procedures set forth in this article.
[Amended by L.L. No. 3-1980; 10-19-2009 by L.L. No. 4-2009; 6-14-2021 by L.L. No. 3-2021]
Upon completion of all requirements set forth
in the action approving the subdivision plat and a 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 Zoning Board of Appeals and may be filed by the applicant in the
office of the Erie County Clerk. Any subdivision plat not so filed
and recorded within 62 days of the date upon which said plat is approved
or considered approved by reason of the failure of the Zoning Board
of Appeals and to act shall become null and void. The applicant shall
provide the Village Clerk with a copy of the plat certified by the
County Clerk as to being the true and certified copy of said plat
on file in the County office. The applicant shall, upon approval of
the subdivision plat as provided for by this chapter, file with the
Division of Real Property Tax Services, Edward A. Rath Building, 95
Franklin Street, Buffalo, New York, a copy of the subdivision map.
For a resubdivision, the same procedure, rules,
and regulations apply as for a subdivision.
[Amended 6-14-2021 by L.L. No. 3-2021]
The approval by the Zoning Board of Appeals
of a subdivision plat shall not be deemed to constitute or imply the
acceptance by the Village of any street, park, playground, or other
open space shown on said plat. The Zoning Board of Appeals may require
said plat to be endorsed with appropriate notes to this effect. If
the Zoning Board of Appeals 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 Village of a sum to be
determined by the Village Board, which sum shall constitute a trust
fund to be used by the Village Board exclusively for neighborhood
park, playground, or recreation purposes, including the acquisition
of property. The Zoning Board of Appeals may require the filing of
a written agreement between the applicant and the Village 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 Village Board.
Upon posting of the performance bond in accordance with §
198-6A and after approval and filing of the subdivision plat, the subdivider may initiate land sales or construction of the subdivision itself.