The procedure for obtaining preliminary plat
approval is as follows:
A. The subdivider shall file with the Town Clerk the
application and pay such fees as established by the Town Board. The
Planning Director shall receive the following:
(1) Sufficient sets of prints of the preliminary plat
and legal description for review.
(2) Three signed statements describing the proposed use
of the land and a draft of any protective covenants to be applied
to the subdivision.
(3) Sufficient copies of any supplemental information
such as a topographic map.
(4) State Environmental Quality Review (SEQR) Part I assessment
form.
(5) A signed statement that identifies the type of ownership that the
development will have and what features will be owned and maintained
by it (homeowners' association, condominium, etc.).
[Added 12-18-2017 by L.L.
No. 3-2018]
B. Before acting on the preliminary plat, the Planning
Board may request a report from any person or agency directly concerned
with the proposed development, such as the Erie County Department
of Public Works, Erie County Department of Planning, Erie County Department
of Health, New York State. Department of Transportation and the Town
of Hamburg Engineering Department. Such reports shall certify compliance
with or note deviations from the requirements of this chapter and
include comments on other factors which bear upon the public interest.
C. As part of the subdivision review process for preliminary
plat approval, and to allow for proper notification of the action,
the applicant shall erect a sign, as provided by the Town of Hamburg,
on the subject property indicating that the property is proposed for
major subdivision. The sign shall be erected in accordance with Town
guidelines and a fee shall be paid in accordance with the Town’s
Fee Schedule.
[Added 12-11-2006 by L.L. No. 7-2006]
D. Such preliminary plat shall be clearly marked, "preliminary
plat," and shall conform to the definition provided in this section.
Within 62 days after the receipt of such preliminary plat by the Clerk
of the Planning Board, the Planning Board shall hold a public hearing,
which hearing shall be advertised at least once in a newspaper of
general circulation in the Town at least five days before such hearing.
The Town shall also notify all property owners within 500 feet of
the proposed subdivision by mail. This notification must be mailed
a minimum of 10 days prior to the scheduled public hearing. It should
be noted that the SEQR process must either be completed or a draft
EIS accepted as complete, before a public hearing can be held (sixty-two-day
clock does not start until one of these SEQR steps is completed).
[Amended 6-25-2012 by L.L. No. 2-2012; 12-18-2017 by L.L. No. 3-2018]
E. As part of the public hearing for the preliminary
plat, a sign-in sheet shall be provided for all parties who wish to
be notified of any and all future actions for the proposed subdivision.
When the preliminary plat has been revised to address any conditions
or comments offered by the Planning Board, the Town shall notify those
parties who provided their contact information on the sign-in sheet.
The revised preliminary plat plans shall be made available for public
review and comment for a period of 10 days prior to approval by the
Town. Any planning issues that are identified during this public review
period which cannot be resolved by Town staff shall require resubmittal
of the preliminary plat plans to the Planning Board for further review
and consideration prior to approval of the plat.
[Added 12-11-2006 by L.L. No. 7-2006]
F. Within 45 days after the date of such hearing, the
Planning Board shall approve with or without modification or disapprove
such preliminary plat, and the ground of a modification, if any, or
the ground for disapproval, shall be stated upon the records of the
Planning Board. Notwithstanding the foregoing provisions of this section,
the time in which the Planning Board must take action on such plat
may be extended by mutual consent of the owner and the Planning Board.
When so approving a preliminary plat, the Planning Board shall state,
in writing, modifications, if any, as it deems necessary for submission
of the plat in final form. Within five days of the approval of such
preliminary plat, it shall be certified by the Clerk of the Planning
Board as granted preliminary approval and a copy filed in his office
and a certified copy mailed to the owner. In the event that the Planning
Board fails to take action on a preliminary plat within the time prescribed
therefor, such plat shall be deemed granted preliminary approval.
G. Time frames upon approval.
[Amended 8-4-2003 by L.L. No. 4-2003]
(1) Within one year of the approval of the preliminary
plat, the owner must submit construction plans to the Town Engineer
for review. Within two years of the preliminary plat approval, the
developer must have secured construction plan approval from the Town
Engineer. In the event that the approval of construction plans is
delayed because the developer has pending applications which are being
reviewed by the governing regulatory agencies, a one-year extension
of time to obtain construction plan approval shall be granted upon
Town approval of application by the developer to the Planning Board
and Town Engineer. if the above time frames are not properly complied
with, the preliminary plat approval shall also expire.
(2) In the case of a multiphase development, the same
time frames shall exist for each subsequent phase. For example, after
Phase 1 construction plans are approved, the owner/developer must
submit within one year construction plans for Phase 2 to the Town
Engineer for review. Within two years of Phase 1 approval, the owner/developer
must have secured construction plan approval from the Town Engineer.
Phase 3 will have the same requirements as they relate to Phase 2
approval.
(3) In all cases, inactivity (building permits, approval
applications, etc.) on a multiphased project for over a two-year period
shall cause the preliminary approval to expire, and future phases
of the project will require a new preliminary subdivision approval
and the plans must meet all zoning and design requirements that exist
at that time.
(4) For all multiphased projects that have phases that
have not been approved after a five-year period, but meet the previous
requirements of one- and two-year time frames, the owner/developer
must appear before the Planning Board to receive reapproval of the
preliminary plat. (The subdivision will still be "grandfathered" from
any Zoning Code amendments; bulk and use requirements.)
H. During preliminary review, if the application is tabled
by the Planning Board for additional information, or upon request
of the applicant, and remains tabled for three months with no activity,
the application will be considered as being expired. Prior to the
expiration of the application, the applicant can request in writing
that the ninety-day period be extended for one additional ninety-day
period. After expiration of an application, the applicant may resubmit
a new application with the appropriate fee. A new application made
within six months of the expiration will require a fee equal to 50%
of the required application fee. After six months, a full fee will
be required.
[Added 6-14-1999 by L.L. No. 5-1999]
For any replatting or resubdivision of land,
the same procedure, rules and regulations shall apply as prescribed
herein for an original subdivision. No other procedure may be followed.