Whenever any land separation, subdivision, or resubdivision of land is proposed, and before any contract for the sale of, or formal offer to sell any lots in such subdivision, land separation or resubdivision is made, and before any permit for the erection of a structure therein shall be granted, the subdivider shall apply in writing for approval of such proposed land separation, subdivision or resubdivision in accordance with the following procedures and/or Chapter 117, Land Separation.
A.
Submission of sketch plan. A subdivider shall, prior to subdividing or resubdividing land, submit to the Town Clerk at least 10 days prior to the regular meeting of the Board, 10 copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article VI, § 152-17, for the purpose of preliminary discussion.
B.
Discussion of requirements. The subdivider shall attend the meeting
of the Planning Board to discuss the applicability of these regulations,
including, but not limited to, those for street improvements, drainage,
sewerage, water supply, and fire protection, as well as the availability
of existing services, and other pertinent issues.
C.
Study of sketch plan and classification of subdivision. The Planning
Board shall determine whether the sketch plan complies with the requirements
and purposes of these regulations and shall, where it deems it necessary,
make specific recommendations in writing to be incorporated by the
subdivider. The Planning Board shall also classify the proposed subdivision
as either a major or minor subdivision and determine if preliminary
plat shall be waived allowing the subdivider to proceed directly to
a final plat.
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a final plat, the subdivider shall file an application with the Town Clerk for the approval of the preliminary plat (unless waived by the Planning Board) of the proposed subdivision, which application form shall be available at the Town Clerk's office. Such preliminary plat shall be clearly marked "preliminary plat" and shall comply with the requirements of Article VI, § 152-18. The preliminary plat shall also comply with the requirements set forth in the provisions of §§ 276 and 277 of NYS Town Law.
(2)
The application for approval of the preliminary plat shall be accompanied
by a fee as specified in the fee schedule established by separate
resolution of the Town Board.
C.
Receipt of a complete preliminary plat. A preliminary plat shall not be considered complete until 10 copies of the preliminary plat, accompanied by the required fee and all other data required by Article VI, § 152-18 hereof, has been filed with the Town Clerk and a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act (SEQR). The time period for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
D.
Subdivider to attend Planning Board meeting. The subdivider shall
attend all meetings of the Planning Board during which the preliminary
plat is reviewed.
E.
Study of preliminary plat. The Planning Board shall study the practicability
of the proposal set forth in the preliminary plat, taking into consideration
the nature 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, stormwater drainage, erosion and sediment
control, lot sizes and arrangement, the future development of adjoining
lands as yet unsubdivided, current zoning regulations, together with
any existing Comprehensive Plan and Official Map.
F.
Planning Board as lead agency under the State Environmental Quality
Review Act; public hearing; notice; decision.
(1)
Public hearing on preliminary plats. The time within which the Planning
Board shall hold a public hearing on the preliminary plat shall be
coordinated with any hearings the Planning Board may schedule pursuant
to the State Environmental Quality Review Act as follows:
(a)
If the Planning Board determines that the preparation of an
environmental impact statement on the preliminary plat is not required,
the public hearing on such plat shall be held within 62 days after
receipt of a complete preliminary plat by the Town Clerk; or
(b)
If the Planning Board determines that an environmental impact
statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, a public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
(2)
Public hearing; notice; length. The hearing on the preliminary plat
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if no hearing is
held on the draft environmental impact statement, or 14 days before
a hearing held jointly therewith. The Planning Board shall send, by
regular mail, a copy of the notice of public hearing to all owners
of property situated within 500 feet which is the subject of the preliminary
plat at least 10 days before the date of the hearing. The Planning
Board may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
preliminary plat. The hearing on the preliminary plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(3)
Decision. The Planning Board shall approve, with or without modification,
or disapprove such preliminary plat as follows:
(a)
If the Planning Board determines that the preparation of an
environmental impact statement on the preliminary plat is not required,
such Board shall make its decision within 62 days after the close
of the public hearing; or
(b)
If the Planning Board determines that an environmental impact
statement is required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing in
accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the preliminary plat. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary
plat.
(4)
Grounds for decision. The grounds for a modification, if any, or
the grounds for disapproval shall be stated upon the records of the
Planning Board. When so approving a preliminary plat, the Planning
Board shall state, in writing, any modifications it deems necessary
for submission of the plat in final form.
G.
Planning Board not as lead agency under the State Environmental Quality
Review Act; public hearing; decision.
(1)
Public hearing on preliminary plats. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the preliminary
plat jointly with their lead agency's hearing on the draft environmental
impact statement. Failing such agreement or if no public hearing is
held on the draft environmental impact statement, the Planning Board
shall hold the public hearing on the preliminary plat within 62 days
after receipt of a complete preliminary plat by the Town Clerk.
(2)
Public hearing; notice; length. The hearing on the preliminary plat
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing is held independently
of the hearing on the draft environmental impact statement, or 14
days before a hearing held jointly therewith. The Planning Board shall
send, by regular mail, a copy of the notice of public hearing to all
owners of property situated within 500 feet which is the subject of
the preliminary plat at least 10 days before the date of the hearing.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such preliminary plat. The hearing on the preliminary plat shall
be closed upon motion of the Planning Board within 120 days after
it has been opened.
(3)
Decision. The Planning Board shall by resolution approve with or
without modification or disapprove the preliminary plat as follows:
(a)
If the preparation of an environmental impact statement on the
preliminary plat is not required, the Planning Board shall make its
decision within 62 days after the close of the public hearing on the
preliminary plat.
(b)
If an environmental impact statement is required, the Planning
Board shall make its own findings and its decision on the preliminary
plat within 62 days after the close of the public hearing on such
preliminary plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer.
(4)
Grounds for decision. The grounds for a modification, if any, or
the grounds for disapproval shall be stated upon the records of the
Planning Board. When so approving a preliminary plat, the Planning
Board shall state, in writing, any modifications it deems necessary
for submission of the plat in final form.
H.
Certification and filing of preliminary plat. Within five business
days of the adoption of the resolution granting approval of such preliminary
plat, such plat shall be certified by the Town Clerk as having been
granted preliminary approval, and a copy of the plat and resolution
shall be filed in such Clerk's office. A copy of the resolution
shall be mailed to the subdivider.
I.
Default approval of preliminary plat. The time periods herein within
which a Planning Board must take action on a preliminary plat are
specifically intended to provide the Planning 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 subdivider and the Planning Board. In the event
a Planning Board fails to take action on a preliminary 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 subdivider
and the Planning Board, such preliminary plat shall be deemed granted
approval. The certificate of the Town Clerk as to the date of submission
of the preliminary plat and the failure of the Planning 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.
J.
Filing of decision on preliminary plat. Within five business days
from the date of the adoption of the resolution approving the preliminary
plat, the Chairperson or other duly authorized member of the Planning
Board shall cause a copy of such resolution to be filed in the office
of the Town Clerk.
K.
Revocation of approval of preliminary plat. Within six months of
the approval of the preliminary plat, the subdivider must submit the
plat in final form. If the final plat is not submitted within six
months, approval of the preliminary plat may be revoked by the Planning
Board.
A.
Application and fee. The subdivider shall, within six months after
the approval or conditional approval of the preliminary plat, file
with the Town Clerk an application for approval of the final plat,
which application shall be available at the Town Clerk's office.
All applications for final plat approval shall be accompanied by the
fee as specified in the fee schedule established by separate resolution
of the Town Board. If the final plat is not submitted within six months
after the approval or conditional approval of the preliminary plat,
the Planning Board may refuse to approve the final plat and require
the resubmission of the preliminary plat.
D.
Endorsement of state and county agencies. Applications for approval
of plans for water and/or sewer facilities will be filed by the subdivider
with all necessary Town, county and state agencies. Water and sewer
facility proposals contained in the final plat shall be properly endorsed
and approved by the Genesee County Department of Health and/or the
NYS Department of Environmental Conservation. Such endorsements shall
be secured by the subdivider before submission of the final plat to
the Town Clerk.
E.
Final plats which are in substantial agreement with approved preliminary
plats. When a final plat is submitted which the Planning Board deems
to be in substantial agreement with a preliminary plat approved pursuant
to this section, the Planning Board shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such plat within 62 days of
its receipt by the Town Clerk.
F.
Receipt of complete final plat; when no preliminary plat is required
to be submitted. When no preliminary plat is required to be submitted,
a final plat shall not be considered complete until a negative declaration
has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions
of the State Environmental Quality Review Act. The time periods for
review of such plat shall begin upon filing of such negative declaration
or such notice of completion.
G.
Final plats; not in substantial agreement with approved preliminary
plats or when no preliminary plat is required to be submitted. When
a final plat is submitted which the Planning Board deems not to be
in substantial agreement with a preliminary plat approved pursuant
to this section, or when no preliminary plat is required to be submitted
and a final plat clearly marked "final plat" is submitted conforming
to the definition provided by this section the following shall apply:
(1)
Planning Board as lead agency; public hearing; notice; decision.
(a)
Public hearing on final plats. The time within which the Planning
Board shall hold a public hearing on such final plat shall be coordinated
with any hearings the Planning Board may schedule pursuant to the
State Environmental Quality Review Act, as follows:
[1]
If such Board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plat
not in substantial agreement with a preliminary plat, or on a final
plat when no preliminary plat is required to be submitted, shall be
held within 62 days after the receipt of a complete final plat by
the Town Clerk; or
[2]
If such Board determines that an environmental impact statement
is required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the final plat and the draft
environmental impact statement shall be held jointly within 62 days
after the filing of the notice of completion of such draft environmental
impact statement in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the public hearing on the final plat shall be held
within 62 days following filing of the notice of completion.
(b)
Public hearing; notice, length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing if no hearing is
held on the draft environmental impact statement, or 14 days before
a hearing held jointly therewith. The Planning Board shall send, by
regular mail, a copy of the notice of public hearing to all owners
of property situated within 500 feet which is the subject of the preliminary
plat at least 10 days before the date of the hearing. The Planning
Board may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall make its decision on the
final plat as follows:
[1]
If the Planning Board determines that the preparation of an
environmental impact statement on the final plat is not required,
the Planning Board shall by resolution conditionally approve, with
or without modification, disapprove, or grant final approval and authorize
the signing of such plat within 62 days after the date of the public hearing; or
[2]
If the Planning Board determines that an environmental impact
statement is required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing in
accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the final plat. Within 30 days of the filing of the final environmental
impact statement, the Planning Board shall issue findings on such
final environmental impact statement and shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of the such plat.
(d)
Grounds for decision. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Planning Board.
(2)
Planning Board not as lead agency; public hearing; notice; decision.
(a)
Public hearing on final plat. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the final
plat jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement or if no public hearing is
held on the draft environmental impact statement, the Planning Board
shall hold the public hearing on the final plat within 62 days after
the receipt of a complete final plat by the Town Clerk.
(b)
Public hearing; notice; length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing is held independently
of the hearing on the draft environmental impact statement, or 14
days before a hearing held jointly therewith. The Planning Board shall
send, by regular mail, a copy of the notice of public hearing to all
owners of property situated within 500 feet which is the subject of
the preliminary plat at least 10 days before the date of the hearing.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(c)
Decision. The Planning Board shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such plat as follows:
[1]
If the preparation of an environmental impact statement on the
final plat is not required, the Planning Board shall make its decision
within 62 days after the close of the public hearing on the final
plat.
[2]
If an environmental impact statement is required, the Planning
Board shall make its own findings and its decision on the final plat
within 62 days after the close of the public hearing on such final
plat or within 30 days of the adoption of findings by the lead agency,
whichever period is longer. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Planning Board.
H.
Approval and certification of final plats.
(1)
Certification of plat. Within five business days of the adoption
of the resolution granting conditional or final approval of the final
plat, such plat shall be certified by the Town Clerk as having been
granted conditional or final approval, and a copy of such resolution
and plat shall be filed in such Clerk's office. A copy of the
resolution shall be mailed to the subdivider. In the case of a conditionally
approved plat, such resolution shall include a statement of the requirements
which when completed will authorize the signing thereof. Upon completion
of such requirements, the plat shall be signed by said duly authorized
officer of the Planning Board, and a copy of such signed plat shall
be filed in the office of the Town Clerk.
(2)
Approval of plat in sections. In granting conditional or final approval
of a plat in final form, the Planning Board may permit the plat to
be subdivided and developed in two or more sections and may in its
resolution granting conditional or final approval state that such
requirements as it deems necessary to insure the orderly development
of the plat be completed before said sections may be signed by the
duly authorized officer of the Planning Board. Conditional or final
approval of the sections of a final plat may be granted concurrently
with conditional or final approval of the entire plat, subject to
any requirements imposed by the Planning Board.
(3)
Duration of conditional approval of final plat. 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 by
not more than two additional 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.
I.
Default approval of final plat. The time periods herein within which
a Planning Board must take action on a final plat are specifically
intended to provide the Planning 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 subdivider and the Planning Board. In the event a Planning
Board fails to take action on 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 subdivider and the Planning
Board, such final plat shall be deemed granted approval. The certificate
of the Town Clerk as to the date of submission of the final plat and
the failure of the Planning 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.
J.
Filing of decision on final plat. Within five business days from
the date of the adoption of the resolution approving the final plat,
the Chairperson or other duly authorized member of the Planning Board
shall cause a copy of such resolution to be filed in the office of
the Town Clerk.
K.
Notice to Genesee County Planning Board. The Chairperson of the Planning
Board shall refer all applicable preliminary and final plats to the
Genesee County Planning Board as provided for in § 239-n
of the General Municipal Law and authorized by the Genesee County
Legislature.
L.
Expiration of approval. The subdivider shall file in the Office of
the Genesee 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 office of the Planning Board constituting final
approval by the Planning Board of a plat as herein provided; or the
approval of such Board of the development of a plat or plats already
filed in the office of the Genesee 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 Planning Board to take action within the time herein provided.
In the event the subdivider shall file only a section of such approved
plat in the office of the Genesee 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 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 NYS Town Law.
M.
Subdivision abandonment. The owner of an approved subdivision may
abandon such subdivision pursuant to the provisions of § 560
of the Real Property Tax Law.
A.
Improvements, performance bond or other security.
(1)
Improvements. Before the Planning Board grants final approval of the final plat, the subdivider shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Planning Board and these regulations or provide a performance bond or other security as provided in Subsection A(2).
(2)
Performance bond or other security.
(a)
Furnishing of performance bond. As an alternative to the installation
of infrastructure and improvements, as above provided, prior to Planning
Board approval, a performance bond or other security sufficient to
cover the full cost of the same, as estimated by the Planning Board
or a Town department designated by the Planning Board to make such
estimate, where such departmental estimate is deemed acceptable by
the Planning Board, shall be furnished to the Town by the subdivider.
(b)
Security where plat approved in sections. In the event that the subdivider shall be authorized to file the approved plat in sections, as provided in § 152-6J, approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the office of the Genesee County Clerk or the furnishing of security covering the costs of such improvements. The subdivider shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the Genesee County Clerk and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.
(c)
Form of security.
[1]
Any such security must be provided pursuant to a written security
agreement with the Town, approved by the Town Board and also approved
by the Town Attorney as to form, sufficiency and manner of execution,
and shall be limited to:
[a]
A performance bond issued by a bonding or surety company;
[b]
The deposit of funds in or a certificate of deposit issued by a bank
or trust company located and authorized to do business in this state;
[c]
An irrevocable letter of credit from a bank located and authorized
to do business in this state;
[d]
Obligations of the United States of America; or
[e]
Any obligations fully guaranteed as to interest and principal by
the United States of America, having a market value at least equal
to the full cost of such improvements.
[2]
If not delivered to the Town, such security shall be held in a Town
account at a bank or trust company.
(d)
Term of security agreement. Any such performance bond or security
agreement shall run for a term to be fixed by the Planning Board,
but in no case for a longer term than three years; provided, however,
that the term of such performance bond or security agreement may be
extended by the Planning Board with consent of the parties thereto.
If the Planning Board shall decide at any time during the term of
the performance bond or security agreement that the extent of building
development that has taken place in the subdivision is not sufficient
to warrant all the improvements covered by such security, or that
the required improvements have been installed as provided in this
section and by the Planning Board in sufficient amount to warrant
reduction in the amount of said security, and upon approval by the
Town Board, the Planning Board may modify its requirements for any
or all such improvements, and the amount of such security shall thereupon
be reduced by an appropriate amount so that the new amount will cover
the cost in full of the amended list of improvements required by the
Planning Board.
(e)
Default of security agreement. In the event that any required
improvements have not been installed as provided in this section within
the term of such security agreement, the Town Board may thereupon
declare the said performance bond or security agreement to be in default
and collect the sum remaining payable thereunder, and upon the receipt
of the proceeds thereof, the Town shall install such improvements
as are covered by such security and as commensurate with the extent
of building development that has taken place in the subdivision but
not exceeding in cost the amount of such proceeds.
B.
Mapping of completed improvements. The required improvements shall not be considered to be completed until their installation has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(1) above, then said map shall be submitted prior to endorsement of the final plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a certified check, performance bond, irrevocable letter of credit or other financial instrument as specified in Subsection A(2) above, such financial instrument shall not be released until the improvements have been completed and approved by the Town Engineer and such map is submitted.
C.
Modification of design of improvements. If at any time before or
during the construction of the required improvements, it is demonstrated
to the satisfaction of the Town Engineer that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the Town Engineer may, upon approval by
a previously delegated member of the Planning Board, authorize such
modifications, provided they are within the spirit and intent of the
Planning Board's prior approval and do not extend any waiver
or constitute substantial alteration of the function of any improvements
required by the Planning Board. The Town Engineer shall issue any
authorization under this section in writing and shall transmit a copy
of such authorization to the Planning Board prior to its next regular
meeting.
D.
Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall pay to
the Town Clerk the inspection fee as specified in the fee schedule
established by separate resolution of the Town Board, and shall notify
the Town Board, in writing, of the time when he/she proposes to commence
construction of such improvements so that the Town Board may cause
proper inspection thereof.
E.
Proper installation of improvements. If prior to the expiration date
of the performance bond, irrevocable letter of credit or other applicable
financial instrument, the Town Engineer determines that any of the
required improvements have not been constructed in accordance with
plans and specifications filed by the subdivider, he/she shall so
report to the Town Board, Zoning Enforcement Officer, and Planning
Board. The Town Board then shall notify the subdivider and, if necessary,
the bonding company, bank or other financial institution involved,
and take all necessary steps to preserve the Town's rights under
the financial instrument.
F.
Default under previous final plat. No pending final plat shall be
approved by the Planning Board as long as the subdivider is in default
on a previously approved final plat.
A.
Final approval and filing. Upon completion of the requirements of §§ 152-6 and 152-7 herein, and entry of a notation to that effect upon the final plat, it shall be deemed finally approved. The final plat shall then be signed by the Chairperson or other duly authorized officer of the Planning Board, and forwarded to the subdivider for filing at the Genesee County Clerk's office. Any final plat not so filed within 62 days of the date after which it is so signed or otherwise considered approved by the failure of the Planning Board to act as set forth in Article III, § 152-5J, shall become null and void.
B.
Final plat void if revised after approval. No changes, erasures,
modification(s), or revisions shall be made to any final plat after
it has been approved by the Planning Board, and such approval has
been endorsed in writing on the plat, unless the said Plat is first
resubmitted to the Planning Board and such Board approves any modifications.
In the event that any such final plat is filed without complying with
this requirement, the same shall be considered null and void, and
the Planning Board shall institute proceedings to have the final plat
stricken from the records of the Genesee County Clerk.
A.
Public acceptance of streets. The approval by the Planning Board
and subsequent filing of the final plat at the Genesee County Clerk's
office shall not be deemed to constitute acceptance by the Town of
any street, easement, or other open space shown on such final plat.
B.
Ownership and maintenance of recreation areas. When a park, playground,
or other recreation area shall have been shown on a final plat, the
approval of said final plat shall not constitute an acceptance by
the Town of such area, and the final plat shall be endorsed with appropriate
notes to this effect. The Planning Board may also require the filing
of a written agreement between the subdivider and the Town Board covering
future deeding of title, dedication, and provision for the cost of
grading, development, equipment, and maintenance of any such recreation
area.
Whereas pursuant to resolution of the Town Board, adopted on April 12, 1971, the Planning Board is empowered to modify applicable provisions of Chapter 182, Zoning, of the Code of the Town of Stafford in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of the land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the procedure and standards.
B.
Sketch plan. A subdivider shall present along with a § 278 proposal a standard sketch plan consistent with the criteria established by this chapter, including, but not limited to, streets being consistent with the street specifications and lots being consistent with Chapter 182, Zoning.
C.
Park, recreation, open space or other municipal purposes. If the
application of this procedure results in a final plat showing land
available for park, recreation, open space, or other municipal purposes,
directly related to the sketch plan, then conditions as to ownership,
use and maintenance of such lands necessary to assure the preservation
of such lands for their intended purposes shall be made by the Planning
Board.
D.
Preliminary and final plat submission. Upon determination that such
sketch plan is suitable for the procedures under Section 278, a preliminary
plat meeting the requirements of the Town Board enabling resolution
shall be presented to the Planning Board and thereafter the Planning
Board shall proceed in accordance with this Subdivision Law.
E.
Filing, notation on Zoning Map. On the filing of a final plat at
the Genesee County Clerk's office where § 278 has been
used, the subdivider shall file a copy with the Town Clerk who shall
make appropriate notations and reference thereto on the Town Zoning
Map, and notify the Zoning Enforcement Officer when such a final plat
is filed.
