Whenever any subdivision of land of five or more lots is proposed
and before any permit for the erection of a structure or facilities
in or for such proposed subdivision shall be granted, the petitioner
or authorized agent shall apply for and secure approval of such proposed
subdivision in accordance with the procedures set forth in this Part.
The petitioner for subdivision approval shall schedule a pre-application
conference with the Planning Director or his or her designee to discuss
the requirements for the following, but not limited to: the general
layout of streets and lots, the reservation of land, street improvements,
drainage, soil conditions, special flood hazard areas, wetlands, sewerage,
water, fire protection, other community services and facilities, and
the availability of existing services.
The Planning Director shall classify the subdivision as requiring
a major or minor-subdivision on the basis of the pre-application conference
and in accordance with the criteria in this Section.
4-3-1.
Minor Subdivision.
A. The Planning Director shall only classify a subdivision as a minor
subdivision where the proposal meets all of the following criteria:
(1)
The subdivision contains a minimum of five lots, but not more
than nine lots fronting on an existing street;
(2)
The subdivision does not require the construction of new streets
or roads, the extension of municipal facilities or the dedication
of land;
(3)
The subdivision does not adversely affect the development of
the remainder of the parcel or adjoining property;
(4)
The subdivision is not in conflict with any provision or portion
of the Comprehensive Plan or Zoning Ordinance; and
(5)
The subdivision does not require a waiver from these Regulations.
4-3-2.
Major Subdivision. Any subdivision that contains
more than nine lots shall be considered a major subdivision.
The following requirements shall apply to all applications for
development review.
4-4-1.
Who May Submit Applications.
A. All applications shall be reviewed by the Planning Director for his
or her signature prior to filing with the Town Clerk. The Town Clerk
shall receive payment of the required fees.
B. Applications shall only be accepted from persons having the legal
authority to submit such applications. In general, applications shall
be made by the owners or lessees of property, or persons who have
contracted to purchase property contingent upon their ability to acquire
the necessary approval under these Regulations.
C. The Planning Director may require a petitioner to present additional
evidence of authority to submit the application.
4-4-2.
Forms.
A. Applications required under these Regulations shall be submitted
on forms and in such numbers as required by the Town.
B. All application forms are available from the Planning Department.
The content of such application forms shall be determined by the Planning
Director and may be amended from time to time.
4-4-3.
Fees.
A. No application shall be accepted by the Town Clerk until all applicable
fees, charges and expenses have been paid in full.
B. Filing fees shall be established from time to time by resolution
of the Town Board to defray the actual cost of processing the application.
C. All required fees shall be made payable to "The Town of Amherst."
D. A petitioner who has paid an appropriate fee pursuant to the submission
of an application, but who chooses to withdraw such application within
24 hours of application shall be entitled to a full refund upon written
request to the Town. After this 24-hour period, the petitioner may
petition the Town Board for a partial refund. The Town Board may request
a recommendation on any request for a refund considered under this
Section.
4-4-4.
Applications to be Complete.
A. An application and fee will be accepted for review when it contains all information necessary to initiate review as determined by the Planning Director or his or her designee. In addition, an application shall not be considered complete until a SEQR determination of significance under Town Code, Chapter
104, Environmental Quality Review, can be made.
B. The presumption is that all of the information required in the Town's
application forms is necessary to satisfy the requirements of this
Section. However, it is recognized that each application is unique,
and therefore more or less information may be required according to
the needs of the particular case. The petitioner may rely on the recommendations
of the Planning Director as to whether more or less information should
be submitted with the application.
C. An application not considered complete within six months after the
initial date of submittal shall be considered null and void, except
where such application is part of an ongoing SEQR review.
4-4-5.
Staff Consultation After Application Submitted.
A. Upon determination of a complete application, the Planning Director
shall review the application and confer with the petitioner to ensure
that the petitioner understands the requirements of these Regulations;
has submitted all of the information that the petitioner is required
to submit; and that the application represents precisely and completely
what the petitioner proposes to do.
B. Once the petitioner indicates that the application is as complete
as the petitioner intends to make it, the application shall be distributed
to the appropriate departments, officials and boards. However, if
the Planning Director finds that the application remains incomplete,
a recommendation to deny the application on that basis shall be provided
to the Planning Board.
4-4-6.
Notice and Public Hearings.
A. Required Hearing.
(1)
Preliminary Plat. Within 62 days after the receipt
of a preliminary plat by the Planning Board, the Planning Board shall
hold a public hearing. The hearing shall be advertised at least once
in a newspaper of general circulation in the Town at least five days
before such hearing.
(2)
Final Plat.
(a)
No public hearing shall be required for review of a minor subdivision,
or review of a final plat of a major subdivision provided that such
plat is in substantial agreement with the approved preliminary plat.
(b)
In the event that the Planning Director determines that the
final plat of a major subdivision is not in substantial agreement
with the approved preliminary plat, the Planning Board shall hold
a public hearing within 62 days from the time of submission of the
subdivision for final plat approval. The hearing shall be advertised
in a newspaper of general circulation in the Town at least five days
before such hearing.
4-4-7.
Summary of Review and Approval Authority. The following
table summarizes review and approval authority under these Regulations.
Review Procedure
|
Planning Director
|
Planning Board
|
---|
Minor Subdivision
|
Sketch Plan
|
Not Required
|
Not Required
|
Preliminary
|
Recommendation
|
Decision*
|
Final
|
Recommendation
|
Decision
|
Major Subdivision
|
Sketch Plan†
|
Recommendation
|
Decision*
|
Preliminary
|
Recommendation
|
Decision*
|
Final
|
Recommendation
|
Decision
|
* = Public hearing required
|
† = The Planning Director may waive the requirement for
a sketch plan for a major subdivision of five to nine lots.
|
A minor plat shall be submitted and reviewed consistent with
the requirements for a preliminary plat.
This Local Law may, from time to time, be revised, modified,
or amended.