A. 
Prior to subdividing property, the subdivider shall obtain the applicable form(s) to apply for subdivision approval for any subdivision of land involving two or more parcels or when creation of any new roads or easements or alteration of natural drainage elements are 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 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.
B. 
Official application forms, which are available from the Building Department, shall be submitted to the Chairman of the Planning Board by the Code Enforcement Officer. A form fee, as set by the Town Board, for the application, is payable at the time the application is obtained from the Town. The requirement of subdivision approval of any nature shall be waived for the sale or exchange of parcels of land between adjacent or adjoining property owners or where such sales do not create additional lots.
A. 
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Chairman of the Planning Board by the Code Enforcement Officer, as per Planning Board regulations and not later than the first Monday of the month prior to the regular meeting of the Board, an appropriately completed official application form along with 15 copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 171-21, for the purposes of preliminary discussion. Such copies of the sketch plan are considered part of the subdivision application.
B. 
Discussion of requirements and classification. 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.
C. 
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of this chapter and shall, where it deems necessary, make specific recommendations in writing to be incorporated by the applicant in the next submission to the Planning Board.
For minor subdivisions, as defined in § 171-3, Definitions, this section shall apply. Any proposed alteration of a natural drainage course shall require application for major subdivision approval in accordance with this chapter. If property is not serviced by either public sewer or public water, approval of the Niagara County Health Department shall be required.
A. 
The Building Department of the Town of Somerset is authorized to accept applications as hereinafter referenced for minor subdivision for consideration and approval by the Planning Board, in its sole discretion, which procedure is intended to simplify and expedite the requirements for review. Said application is to include the following information:
(1) 
A copy of such covenant or deed restrictions as is intended to cover all or part of the tract.
(2) 
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearing and distances, made and certified to by a licensed land surveyor. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 20 feet. The corners of the tract and lot corners, as deemed necessary by the Planning Board, shall also be located on the ground and marked by monuments as approved by the Planning Board, and shall be referenced and shown on the final plat.
(3) 
All on-site sanitation and water supply facilities shall be designed to meet the minimum specifications of the County Department of Health, and a note to this effect shall be stated on the plat signed by a licensed engineer.
(4) 
Proposed subdivision name, name of the municipality and county in which it is located.
(5) 
The date, North point, map scale, name and address of record owner and subdivider.
B. 
The approval of any minor subdivision will not require final plat review. However, a minor subdivision plat application will not be complete until a negative declaration has been adopted and filed or a notice of completion of a draft environmental impact statement (DEIS) has been filed pursuant to the SEQRA regulations.
(1) 
Time limitations for review and determination of minor subdivision plat applications by the Planning Board commence with the filing of a negative declaration or notice of completion of a DEIS.
(2) 
If the Planning Board determines that environmental review is not required, a public hearing must be held within 62 days of receipt of a complete plat, the hearing closed within 120 days and a decision rendered within 62 days thereafter.
(3) 
If, however, the Planning Board determines, pursuant to SEQRA, that review is required, a hearing on the plat and on the DEIS will be held within 62 days of the filing of the notice of completion. The hearing will be closed within 120 days after it is commenced.
(4) 
A final environmental impact statement (FEIS) must be filed within 45 days of the close of the public hearing.
(5) 
SEQRA findings and a decision of the minor subdivision application will be provided within 30 days thereafter.
A. 
Application and fee.
(1) 
Prior to the filing for the final approval of a subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall meet the following requirements:
(a) 
A copy of such covenant or deed restrictions as is intended to cover all or part of the tract.
(b) 
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearing and distances, made and certified by a licensed land surveyor. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 20 feet. The corners of the tract and lot corners, as deemed necessary by the Planning Board, shall also be located on the ground and marked by monuments, as approved by the Planning Board, and shall be referenced and shown on the final plat.
(c) 
All on-site sanitation and water supply facilities shall be designed to meet the minimum specifications of the County Department of Health, and a note to this effect shall be stated on the final plat signed by a licensed engineer.
(d) 
The plat shall show the proposed subdivision name, the name of the municipality and of the county in which it is located.
(e) 
The plat shall show the date, North point, map scale, name and address of the owner of record and of the subdivider.
(f) 
The preliminary plat shall, in all respects, comply with the requirements of §§ 276 and 277 of the Town Law and § 171-22 of this chapter, except where a waiver may be specifically authorized by the Planning Board.
(2) 
The application for approval of the preliminary plat of the subdivision shall be accompanied by a fee as established by the Town Board. An additional fee, as established by the Town Board, per lot for each lot in the proposed subdivision and an advertising fee shall be due upon submission of the final subdivision plat application.
B. 
Number of copies. Fifteen copies of the preliminary plat shall be presented to the Planning Board at the time of submission of the preliminary plat.
C. 
Subdivider to attend Planning Board meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plat.
D. 
Study of preliminary plat. The Planning Board shall study the feasibility 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, easements, lot sizes and their arrangement, the future development of adjoining land as yet unsubdivided and the requirements of the Comprehensive Plan, the Official Map and the Zoning Regulations.[1]
[1]
Editor's Note: See Ch. 205, Zoning.
E. 
Approval of the preliminary plat.
(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 the receipt of a complete preliminary plat by the Clerk of the Planning Board; 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. If no public hearing is held on the draft environmental impact statement, the 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 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, the Planning 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 modification, if any, or the grounds for disapproval shall be stated upon the record 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.
F. 
Certification and filing of the 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 Clerk of the Planning Board 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 owner.
G. 
Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution stating the decision of the Board on the preliminary plat, the Chairman 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.
H. 
Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat, the owner 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.
I. 
When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to: (1) the modifications to the preliminary plat; (2) the character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals, and general welfare; or (3) the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the final subdivision plat. In the case of a major subdivision, the preliminary plat shall not constitute approval of the final subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final subdivision plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of this chapter. Prior to approval of the final subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in its final form or as a result of new information obtained at the public hearing.
J. 
Stormwater pollution prevention plan. A preliminary stormwater pollution prevention plan (SWPPP), consistent with the requirements of this chapter, will be required for preliminary subdivision plat approval.
A. 
Application for approval. The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in its final form, using the approved application available from the Planning Board. The final plat shall conform in all important respects to the preliminary plat and incorporate any revisions or modifications specified by the Planning Board. The plans shall also conform to all requirements of the Town of Somerset's Public Improvement Permit (PIP) Program, if any, and to Town standards. A check for the appropriate review fee, as established by the Town Board, shall be submitted along with the plans. In addition to covering expenses for Town department review, this fee covers two reviews of the construction plans by the Town Engineer. If additional reviews are required of the developer by the Town Engineer, such expenses shall be approved by the Town Board. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
B. 
Number of copies. A subdivider intending to submit a proposed final subdivision plat for the approval of the Planning Board shall provide the Planning Board with a copy of the application, two copies of the engineer's report and 15 copies of the plat. The original and one true copy of all covenants and agreements and 15 prints of all construction drawings.
C. 
When officially submitted. The time of submission of the final subdivision plat shall be considered to be the date on which the complete application for approval of the final subdivision plat, as required by § 171-23 of this chapter, has been filed with the Planning Board.
D. 
Endorsement of state and county agencies; grounds for decision.
(1) 
Endorsement of state and county agencies. Water and sewer facility proposals contained in the final subdivision plat shall be properly endorsed and approved by the Niagara County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Town, county and state agencies. Endorsement and approval by the Niagara County Department of Health and appropriate Town water and sewer districts shall be secured by the subdivider before official submission of the final subdivision plat.
(2) 
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.
E. 
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 Clerk of the Planning Board 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 owner. 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 Clerk of the Planning Board or filed with the Town Clerk as determined by the Town Board.
(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.
F. 
Filing of decision on final plat. Within five business days from the date of the adoption of the resolution stating the decision of the Board on the final plat, the Chairman 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.
A. 
Improvements and performance bond. All public improvements in the Town of Somerset shall be designed and constructed in compliance with the Town's Standard Specifications as adopted by the Town Board and the Highway Superintendent. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure as set forth below:
(1) 
The subdivider shall either file with the Town Clerk a certified check or performance bond to cover the full cost of the required improvements as determined by the Town Board. Any such bond shall comply with the requirements of § 277 of the Town Law and, further, shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.
(2) 
The subdivider shall complete all required improvements to the satisfaction of the Superintendent of the Water and Sewer Departments, the Highway Superintendent and the Town Engineer. The Superintendent of Water and Sewer, the Highway Superintendent and the Town Engineer shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Board and meeting Town specifications and guidelines.
(3) 
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Town Engineer has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements, then said map shall be submitted prior to endorsement of the plat by the Town Engineer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall be released by the Town Board after such a map is submitted.
B. 
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, upon consulting with the Code Enforcement Officer, may authorize such modifications unless there are significant changes, at which time approval will be required by the Planning Board.
C. 
Proper installation of improvements. If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, the Building Inspector, and the Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the Town's rights under the bond. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.
D. 
Maintenance bond. The subdivider, on completion and acceptance of required improvements, shall furnish the Town with a maintenance bond in the amount of 25% of the cost of such improvements, guaranteeing the maintenance of such improvements against deterioration traceable to inadequate installation or materials during the first two years following acceptance.
E. 
Modification of Town specifications and improvements. The Town specifications for improvements may be changed, modified or updated. Construction plan approval shall expire and be of no further effect 12 months from the date of approval by the Planning Board. Extension time may be applied for if acceptable to the Planning Board and if construction plans are updated to conform to current Town requirements. When the construction of any approved subdivision is phased, all phases not constructed within 12 months of the date of approval of the Planning Board are subject to the above requirements.
F. 
Road and easement dedications.
(1) 
The subdivider must provide, prior to acceptance of constructed public improvements, in a form approved by the Town Attorney, a dedication deed for all roadways and/or easements within the subdivision which are to be dedicated to the Town.
(2) 
The subdivider must also pay a fee, at a rate established by the Town Board, for the recording of each roadway and easement dedication. The fee shall be of sufficient amount to offset the costs of recordation and handling.
A. 
Final approval and filing. Upon completion of the requirements in §§ 171-8 and 171-9 above and notation to that effect upon the final subdivision plat, the subdivision plat shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and filed in the office of the County Clerk. Any final subdivision plat not so filed or recorded within 60 days of the date upon which such plat is approved, or considered approved by reasons of the failure of the Planning Board to act, shall become null and void.
B. 
Plat void if revised after approval. No changes, erasures, modifications, or revisions shall be made in any final subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless said plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such final subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
The approval by the Planning Board of a final subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement, or other open space shown on such final subdivision plat.