Whenever any subdivision of land is 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 the erection of a structure in a proposed subdivision or on a proposed site plan shall be granted, the developer or subdivider or their duly authorized agent shall apply in writing for approval of such subdivision or site plan in accordance with the following procedures, standards and requirements.
A. 
Sketch plan. Sketch plan review is not required but is highly recommended for site plans and subdivisions for purposes of classification, initial discussion concerning the layout, availability of utilities, services and responsibilities. While sketch plan review is conducted at an open meeting, it is not required to be conducted as a public hearing. While the Planning Board acts in good faith, nothing from sketch plan review shall be taken to mean that the application will be approved after preliminary and/or final review until the requirements for those approvals, if necessary, shall have taken place.
B. 
Subdivisions and site plans. Subdivisions and site plans are subject to the procedures set forth below.
C. 
Site plan review. For the purpose of reviewing site plans, the provisions for subdivisions shall apply and the reference to "preliminary plat" or "final plat" shall be taken to mean "preliminary site plan" or "final site plan." In cases where reference is made to the filing of a plan in the Wayne County Clerk's office, such filing shall only be necessary for site plans when required by the Planning Board.
For a resubdivision, the same procedure, rules and regulations apply as for a subdivision except, if the proposed resubdivision consists solely of the simple alteration of lot lines, then normal subdivision procedure may be waived at the discretion of the Planning Board.
A. 
Submission of preliminary plats. A preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition and requirements provided in this chapter.
B. 
Coordination with SEQRA. The Planning Board shall comply with the provisions of SEQRA under Article 8 of the Environmental Conservation Law and its implementing regulations.
C. 
Planning Board as lead agency under SEQRA; 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 SEQRA, 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 unless such time limit is extended by mutual consent of the developer and the 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 in accordance with the provisions of SEQRA unless such time limit is extended by mutual consent of the developer and the Board. 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 and 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 SEQRA. 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 records of the Planning Board. When approving a preliminary plat subject to modification, the Planning Board, or its consultants, shall state in writing any modifications it deems necessary for submission of the plat in final form.
D. 
Planning Board as involved agency under SEQRA; public hearing; notice; 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 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 preliminary plat within 62 days after the receipt of a complete preliminary plat by the clerk of the Planning Board.
(2) 
Public hearing notice and 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 held independently of the hearing 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 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 modification, if there are any or the grounds for disapproval shall be stated upon the records of the Planning Board. When approving a preliminary plat requiring modification, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.
E. 
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 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.
F. 
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.
G. 
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.
A. 
Submission of final plats. Final plats shall conform to the definition provided by this chapter. The Applicant shall submit a complete application for the Planning Board Secretary for final approval following preliminary approval.
B. 
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 article, 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 clerk of the Planning Board.
C. 
Final plats not in substantial agreement with approved preliminary plats. 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 article, 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 SEQRA, as follows:
[1] 
If the Planning 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 clerk of the Planning Board; or
[2] 
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 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 SEQRA. 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 and 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 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 SEQRA. 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 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 as involved agency; public hearing; notice; decision.
(a) 
Public hearing. 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 clerk of the Planning Board.
(b) 
Public hearing notice and 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 held independently of the hearing 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 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 closure 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 closure 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 modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
A. 
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, including the required financial security pursuant to § 151-30, 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.
B. 
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.
C. 
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.
The time periods prescribed herein within which the Planning Board must take action on a preliminary plat or a final plat are specifically intended to provide the Planning Board and the public with 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 owner and the Planning Board. In the event the Planning Board fails to take action on a preliminary plat or a final plat within the time prescribed therefor after completion of all requirements under SEQRA, or within such extended period as may have been established by the mutual consent of the owner and the Planning Board, such preliminary or final plat shall be deemed granted approval. The certificate of the Town Clerk as to the date of submission of the preliminary or 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.
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.
When required by § 239-m of the General Municipal Law, the clerk of the Planning Board shall refer all applicable preliminary and final plats to the county planning board for review as provided in that section.
A. 
The owner shall file in the office of the Wayne 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 officer of the Planning Board constituting final approval by the Planning Board of a plat as herein provided; or the approval by the Planning Board of the development of a plat or plats already filed in the office of the Wayne 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 owner shall file only a section of such approved plat in the office of the Wayne 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 the New York State Town Law.
B. 
Effect on filed subdivision. If the plat of a residential subdivision containing one or more new streets has been duly filed in the Wayne County Clerk's office prior to the adoption or any amendment of this chapter, the lots of the subdivision may be developed with the lots and yards delineated on the plat and any provision of this chapter requiring larger lots or yards shall not apply to the subdivision for a period of three years from the date of such filing. If the plat is being filed in sections, the three years shall be computed from the last date of the filing of a section prior to such adoption. If an additional section is filed after such adoption but within the three-year period and less than one year of the period remains, the three-year period shall be extended as to such section only for one year from the date of its filing.
A. 
Before the Planning Board may approve a site plan or subdivision plat containing residential units, such site plan or subdivision plat shall also show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes.
B. 
Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town, based on projected population growth to which the particular site plan or subdivision plat will contribute.
C. 
In the event the Planning Board makes a finding pursuant to Subsection B of this section that the proposed site plan or subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan or subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the site plan or subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this subsection, shall be deposited into a trust fund to be used by the Town exclusively for parks, playground or other recreational purposes, including the acquisition of property.
Notwithstanding any provision of law to the contrary, where a plat contains one or more lots which do not comply with the zoning regulations, application may be made to the zoning board of appeals for an area variance, pursuant to § 267-b of the New York State Town Law and Chapter 150 of the Ontario Code, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. In reviewing such application, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance. The failure of the Planning Board to provide a written recommendation shall not prevent the Zoning Board of Appeals from acting on the application.
The Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
A. 
Installation of improvements. Once the Planning Board has granted final approval and all the required final signatures are placed on the plan, the developer shall submit an irrevocable letter of credit so as to assure the proper and timely completion of the required improvements prior to issuance of a building permit. The irrevocable letter of credit is a financial security in a form acceptable to the Town and shall be submitted to cover the cost associated with the full cost of the installation of infrastructure and all proposed improvements, shown on the plan, such as utility and drainage improvements, construction observation, erosion control, grading, seeding, stormwater management, green infrastructure and all other areas the Town deems necessary. The final amount of security will be reviewed and approved by the Town Engineer or other appropriate consultants designated 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 owner.
B. 
Security where plat approved in sections. If the owner shall be authorized to file the approved plat in sections, as provided in this chapter, approval of the plat may be granted upon the filing of financial security sufficient to cover the costs of the required improvements in the section of the plat filed in the office of the Wayne County Clerk. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk until security covering the cost of such improvements is provided.
C. 
Term of security agreement. Any such 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 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 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.
D. 
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 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.
E. 
Formation of districts.
(1) 
Between the interval of preliminary and final approval of the subdivision plat, the developer shall petition the Town Board for the creation of the districts or extensions as necessary for a given development. They may include:
(a) 
Districts or extensions could be necessary for sanitary sewers, water mains, stormwater disposal, sidewalks, lighting, or any particular creation for a specific development.
(2) 
In order the preserve, the continuity and format of the application of the districts to the various governing authorities, the Attorney for the Town and Town Engineer shall review the necessary documents and maps, and the Town Clerk will be responsible for publication and filing requirements. All costs for the formation of these districts shall be paid for by the developer to the Town within 30 calendar days of its receipt of a bill therefor.
(3) 
Required improvement districts must be extended or created by the Town Board before the signature if the official of the Planning Board may be affixed to the approved subdivision plan.