A.
Whenever any subdivision of land is proposed, before any permit for
the creation of a structure in such proposed subdivision has been
granted, the subdividing owner or his authorized agent shall apply
for and secure approval for such proposed subdivision in accordance
with following formal procedure, which includes basically, two steps:
B.
Prior to the filing of the preliminary plan, the owner may request
information and advice from the Planning Board at an informal meeting.
Such meeting shall be at the convenience of the Planning Board and
the owner. The owner, at the informal meeting, may submit general
site information, a location map and a sketch plan, together with
any other information he may have about his proposed subdivision.
This step does not require formal application, a fee or the filing
of a plat.
A.
Application procedure. Prior to filing an application for the approval
of a subdivision plat, the applicant shall file an application for
the approval of a preliminary plan. The application shall:
(1)
Include all land which the applicant proposes to subdivide.
(2)
Be accompanied by three copies of the preliminary plan, as described in § 135-27 of these regulations.
(3)
Comply in all respects with Article III of these regulations and with the provisions of §§ 276 and 277 of the Town Law, except where modification may be specifically authorized by the Planning Board.
(4)
Be presented to the Chairman of the Planning Board.
B.
Applicant to attend Planning Board meeting. The applicant shall then
be prepared to attend the next regular meeting of the Planning Board
to discuss the preliminary plan.
C.
Study of preliminary plan. The Planning Board will carefully study
the practicability of the preliminary plan, 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, the relation to the topography of the
land, sewage disposal, drainage, lot sizes and arrangement, the future
development of adjoining lands as yet unsubdivided and the requirements
of the Town Plan and the Official Map as it may be adopted.
D.
Required changes for tentative approval. After discussion of the
preliminary plan, the Planning Board will advise the applicant, in
writing, of the specific changes it will require in the layout and
the character and extent of the required improvements and reservations
which it will require as prerequisite to the approval of the subdivision
plat. This shall constitute tentative approval of the preliminary
plan. The Planning Board shall communicate to the owner, in writing,
within 30 days of the regular meeting, its decision concerning the
preliminary plan. However, the Planning Board reserves the right to
extend the thirty-day period for an additional 30 days, upon written
notice to the owner. If the preliminary plan is approved, the Planning
Board shall express its approval as tentative approval.
E.
For any subdivision or portion of a subdivision, the Planning Board
will state, in writing, the character and extent of the required public
improvements for which waivers have been requested and which, in the
opinion of the Planning Board, may be waived without jeopardy to public
health, safety, morals and general welfare or which are inappropriate
because of the inadequacy or lack of connecting facilities adjacent
to or in the proximity of the subdivision.
F.
If the preliminary plat plan is disapproved, the Planning Board shall
state the reasons of its disapproval. The action of the Planning Board
shall be noted on two copies of the preliminary plat, to which shall
be attached reference statements or any conditions and requirements
determined by the Planning Board in accordance with these regulations.
One copy shall be returned to the owner and the other retained by
the Planning Board. Tentative approval of a preliminary plat will
not constitute approval of the final subdivision plat.
A.
Within six months of the receipt of the written communication of the Planning Board with respect to the preliminary plan (or layout), the owner shall file with the Planning Board two copies, drawn in ink on tracing cloth or black line prints on tracing cloth, of the final subdivision plat, together with other supplementary material as described in § 135-28 of these regulations. In the event that a final subdivision plat is not submitted within six months, the application shall be considered lapsed, unless an extension of time is applied for and specifically granted by the Planning Board.
B.
Official submittal date. The final subdivision plat shall be considered
officially submitted only at a regular meeting of the Planning Board,
following completion of the application procedure as outlined above.
The final subdivision plat must be presented to the Chairman of the
Planning Board at least two weeks prior to regular meeting of the
Board in order that a public hearing may be scheduled and the required
five days' notice given.
C.
Endorsement of the State Health Department. The final subdivision
plat shall be properly endorsed by the State Health Department or
other pertinent agency as meeting the standards of the State Sanitary
Code or other applicable health code before any public hearing is
scheduled. The plat shall be in final form before State Health Department
or other agency approval.
D.
The final subdivision plat shall conform to the approved preliminary
plan and shall contain all changes specified by the Planning Board
contained in the written notice.
E.
The owner shall at the time of filing the final subdivision plat
with the Planning Board:
(1)
File with the Planning Board a performance bond bearing the approval
of the attorney acting for the Town of LeRoy Planning Board as to
form, sufficiency and manner of execution for the completion of all
the improvements required by the Planning Board and not specifically
waived by said Planning Board. In addition, the Planning Board may
require a performance bond in an amount equal to the estimated expense
of any Town improvements which will be required in order to make certain
public utilities available to the area to be subdivided.
(2)
Tender offers of cession, in a form certified as satisfactory by
the attorney acting for the Town, of all land included in streets,
highways, walks or parks and all sewers, drainage and waterlines not
specially reserved by the owner. Approval of the final subdivision
plat by the Planning Board, however, shall not constitute acceptance
of offers of cession by the Town Board.
F.
Before the Planning Board acts on any final subdivision plat, it
shall hold a public hearing thereon in accordance with § 276
of the Town Law, and notice of such hearing shall be advertised in
a newspaper of general circulation in the Town and posted in at least
three prominent places at least five days before such hearing, and
all advertising or other expenses shall be borne by the subdivider.
G.
Action on proposed subdivision plat. After careful study, the Planning
Board may, within 45 days of the official submittal date of the final
subdivision plat, approve, modify or disapprove such plat. The grounds
for the disapproval of any plat shall be stated on the records of
the Planning Board. A final subdivision plat shall not be signed by
the authorized officers of the Planning Board until the applicant
has met all the conditions of action granting approval of such plat.
H.
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 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
Board shall institute proceedings to have the plat stricken from the
records of the County Clerk.
I.
Notification of Genesee County Planning Board. The owner, at the
time of final approval, will also notify the Genesee County Planning
Board and the County Superintendent of Highways or the Commissioner
of Public Works if the subdivision plat proposes structures or new
streets having frontage on or access to or otherwise directly related
to any county road, existing or proposed, as shown on the Official
County Map. The County Planning Board or Commission shall report to
the Planning Board within 30 days on its approval or disapproval or
on the approval subject to stated conditions of the proposed subdivision
plat. The plat may be approved by the Town Planning Board subject
to stated conditions notwithstanding such report, when the application
of such report will act or deprive the owner of a reasonable use of
his land.
J.
Signing of plat.
(1)
Every subdivision plat submitted to the Board for its approval shall
carry the following endorsement:
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Approved by resolution of the Planning Board of the Town of
LeRoy, 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.
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Signed this _____ day of __________, 20____, by
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Chairman
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Secretary
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(2)
In the absence of the Chairman or Secretary, the Acting Chairman
or Acting Secretary, respectively, may sign in his place.
A.
Improvements and performance bond. Prior to an action by the Planning
Board approving a subdivision plat, the applicant shall be required
to complete, in accordance with the Planning Board's decision and
to the satisfaction of the appropriate Town departments, 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 bond
in an amount estimated by the Planning Board to secure to the Town
the satisfactory construction and installation of the incompleted
portion of the required improvements. A period of one year or such
other period as the Planning Board may determine appropriate, within
which required improvements must be completed, shall be specified
by the Planning 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 Planning Board shall be retained for a period of one
year after the date of completion of the required improvements to
assure their satisfactory conditions. All required improvements shall
be made by the applicant at his expense without reimbursement by the
Town or any district therein. The above requirements may be dispensed
with or modified by the Planning Board in its discretion.
B.
Inspection of improvements. The Town shall employ an inspector or
may designate the Town Superintendent to act as agent of the Planning
Board for the purpose of assuring satisfactory completion of improvements
required by the Planning Board and shall determine an amount sufficient
to defray costs of inspection. The applicant shall pay to the Town
a sum equal to the costs of inspection before the subdivision plat
is signed for filing or include a sum estimated by the Planning Board
to equal said costs in the above mentioned bond. If the Planning Board
or its agent finds, upon inspection, that any of the required improvements
have not been constructed in accordance with the approved construction
detail sheets, the applicant and the bonding company will be severally
and jointly liable for the costs of completing said improvements,
according to specifications on said construction detail sheets.
C.
Utilities. As to utilities required by the Planning Board, the Board
may accept assurance from each public utility company whose facilities
are proposed to be installed. Such assurance shall be in writing,
addressed to the Board, stating that such public utility company will
make the installations necessary for the furnishing of its services
within a specified time, in accordance with the approved construction
detail sheets.
D.
Monuments. Permanent monuments shall be set at block corners and
at intervals of approximately 500 feet or such other distance as the
Planning Board may determine appropriate, and their location shall
be shown on the subdivision plat. Iron pipes shall not be considered
permanent monuments for the purpose of these regulations.
E.
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 Planning Board prior
approval.
Upon completion of all requirements set forth in the action
approving the subdivision plat, the plat shall be properly signed
by the appropriate officers of the Planning Board and shall be filed
by the applicant in the office of the County Clerk. Any subdivision
plat not so filed within 90 days of the date of Planning Board signature
shall become null and void.
For a resubdivision, the same procedure, rules and regulations
apply as for a subdivision.
The approval by the Planning Board of a final 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 Planning Board may require said plat to be endorsed with
appropriate notes to this effect. The Planning Board may also 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.
