Prior to the filing of an application for subdivision approval, the subdivider may submit general site information, a location map and a sketch plan with a request for informal consideration and advice. The purpose of the preapplication procedure is to afford the subdivider an opportunity to consult early and informally with the Planning Board before preparation of the preliminary layout, in order to save time and money and make the most of opportunities for desirable development. If the preapplication is approved by the Planning Board, the applicant shall provide four copies of the approved sketch plan to the Planning Board, one copy of which shall be distributed to each of the following: Town Board, Town Attorney, Town Engineer and Planning Board.
[Amended 5-10-1999[1]]
Whenever any subdivision of land as hereinbefore defined is proposed to be made and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made, the subdividing owner thereof or his agent shall apply in writing to the Planning Board for approval of such subdivision. Such application shall be presented to the Town Clerk, to be forwarded to the Planning Board for filing at the next regularly scheduled meeting of the Planning Board, and shall be accompanied by six copies of the preliminary layout and a filing fee of $100 per lot. In the event that the number of lots is subsequently reduced, a prorated refund shall be made by the Town Clerk. If additional lots are created in the subdivision, an additional filing fee shall be paid to the Town Clerk at the rate of $100 for each additional lot.
[1]
Editor's Note: This motion of the Town Board became effective 5-13-1999.
A. 
The Planning Board shall review the preliminary layout and may require additional information and plans as specified in § 103-10.
B. 
Following discussion with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him in accordance with the requirements of Article VI, the Planning Board may set the time for an informal public hearing thereon and shall forward a copy of the notice of hearing and a copy of the preliminary layout to the Town Board. If the preliminary layout is disapproved, the Planning Board shall state the reasons for its disapproval.
C. 
If the preliminary layout is approved, the Planning Board shall express its approval as "conditional approval" and state the specific conditions of such approval, if any. If the preliminary layout is disapproved, the Planning Board shall state the reasons for its disapproval.
D. 
The action of the Planning Board shall be noted on five copies of the preliminary layout, to which shall be attached referenced statements of any conditions and requirements determined by the Planning Board in accordance with these regulations. One copy shall be returned to the subdivider, one copy shall be retained by the Planning Board and one copy shall be transmitted to the Town Board, one copy to the Town Attorney and one copy to the Town Engineer.
E. 
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of § 102A-7 of the Stormwater Management and Erosion and Sediment Control Ordinance shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 102A-8 of the Stormwater Management and Erosion and Sediment Control Ordinance. The approved Preliminary Subdivision Plot shall be consistent with the provisions of this Chapter 102A.
[Added 6-11-2007 by L.L. No. 8-2007]
A. 
Improvement plans, when required, shall be submitted to the Engineering Department for the purpose of determining the adequacy of design of required improvements and compliance with ordinances and specifications regulating construction of public improvements.
B. 
The Engineering Department shall make comments, corrections and suggestions in writing to the subdivider's engineer so that the improvement drawings can be prepared in a final acceptable form for the approval of the Town Engineer.
C. 
Two sets of such drawings shall be submitted on regular print paper and one shall be submitted on a dimensionably stable reproducible drafting medium. At the same time, the subdivision plat shall be submitted for the endorsement of the Town Engineer as specified in § 103-12.
D. 
After approval by the Town Engineer, one set of paper print drawings and the subdivision plat shall be returned to the subdivider.
A. 
The final subdivision plat shall conform substantially to the preliminary layout as approved. If desired by the subdivider, it may constitute only that portion of the approved preliminary layout which he proposes to record and develop at the time, provided that such portion conforms to all requirements of these regulations.
B. 
Request for final approval of the subdivision plat shall be made after final Town Engineer approval and be submitted in writing to the Planning Board at a regularly scheduled meeting and shall include the original plus six copies of the plat with endorsements and documents required for approval as specified in § 103-12. Such request shall be submitted within six months after approval of the preliminary layout; otherwise, such preliminary approval shall become null and void unless an extension of time is applied for and granted by the Planning Board. A stormwater pollution prevention plan consistent with the requirements of § 102A-7 of the Stormwater Management and Erosion and Sediment Control Ordinance and with the terms of preliminary plan approval shall be required for Final Subdivision Plat approval. The SWPPP shall meet the performance and design criteria and standards in § 102A-8 of the Stormwater Management and Erosion and Sediment Control Ordinance. The approved final subdivision plat shall be consistent with the provisions of this Chapter 102A.
[Amended 1-27-1997; 6-11-2007 by L.L. No. 8-2007]
C. 
The Planning Board shall hold a public hearing within 30 days after submission of the subdivision plat for final approval in accordance with the Town Law. The Planning Board shall approve, modify and approve or disapprove such plat within 45 days after the public hearing thereon, but shall not endorse any approved plat until all conditions of the action granting approval have been met. Such endorsement shall constitute final approval by the Planning Board. If the plat is disapproved, the reasons for such action shall be stated upon the records of the Planning Board and a copy of such reasons shall be sent to the applicant.
D. 
The Planning Board shall retain one copy of the subdivision plat and other exhibits, return one copy to the subdivider and transmit one copy to the Town Board, together with a written recommendation.
E. 
The final approval by the Planning Board shall constitute authorization for the Town Clerk to sign the subdivision plat.
[Amended 1-27-1997]
F. 
Approval of the plat does not constitute an acceptance by the town of the dedication of facilities tendered by offers of cession.
[Amended 1-27-1997]
G. 
Unless the subdivider shall file such plat in the County Clerk's office within 90 days after final approval, said final approval shall expire.
[Amended 1-27-1997]
H. 
Submission of copies of subdivision plat.
[Amended 1-27-1997]
(1) 
After filing the approved subdivision plat, the subdivider shall submit to the Town Attorney seven copies (including one reproducible mylar copy on dimensionably stable drafting medium) of the subdivision plat showing the map cover number and date of filing in the County Clerk's office. These maps shall be distributed as follows:
(a) 
Planning Board, one copy.
(b) 
Assessor, one copy.
(c) 
Highway Department, one copy.
(d) 
Building Department, one copy.
(e) 
Engineering Department, one copy plus reproducible mylar copy.
(f) 
Town Attorney, one copy.
(2) 
No public improvement or building permit shall be issued until the above departments receive a copy of the filed subdivision plat.
In accordance with § 281 of the Town Law, the Planning Board, simultaneously with the approval of a subdivision plat and upon application by the owner of the land shown on the plat, may modify the zoning regulations[1] of the land so platted. In considering such application the Planning Board may require a building plan indicating lots where group houses for residence or apartment houses or local stores and shops are proposed to be built. Such building plan shall also indicate for each lot or proposed building unit the maximum density of population that may exist thereon and the minimum yard requirements. Such building plan, if approved by the Planning Board, shall modify, change or supplement the zoning regulations of the land shown on the plat, provided that such land so shown thereon shall not show a greater average density of population or cover of the land with buildings than is permitted in the district wherein such land lies, as shown on the Official Zoning Map. Such building plan shall not be approved by the Planning Board unless in its judgment the appropriate use of adjoining land is reasonably safeguarded and such plan is consistent with the public welfare. Before the Planning Board shall make any such change in the zoning regulations, there shall be a public hearing preceded by the same notice as in the case of the approval of the plat itself. However, such public hearing on any such zoning change may be held prior to the public hearing for final approval of the subdivision plat. Upon the filing of the plat in the office of the County Clerk, such change, subject, however, to review by court as provided in § 282 of the Town Law, shall be and become part of the zoning regulations of the Town of West Seneca, shall take the place of any regulations established by the Town Board, shall be enforced in the same manner and shall be similarly subject to change.
[1]
Editor's Note: See Ch. 120, Zoning.