Whenever the subdivision of land is proposed,
the subdividing owner or his agent shall apply, in writing, to the
Village Board in order to commence proceedings for approval of such
subdivision. Before any contract for the sale of such subdivision
or any part thereof is made, the original application shall be filed
with the Village Clerk in the form of a preliminary layout and subsequent
formal plat as hereinafter specified. (NOTE: Prior to the filing of
the preliminary layout, the subdivider may submit general site information,
a location map and a sketch plan with a request for informal consideration
and advice.) This step does not require formal application, fee or
the filing of a plat.
A.
On reaching conclusions regarding his general program and objectives, the subdivider shall submit a preliminary layout, together with other supplemental material as specified in § 155-15. Three copies of the preliminary layout and required supplemental material shall be submitted to the Village Clerk with the written application for conditional approval. Such data shall be forwarded to the engineer, who will consult with appropriate village department heads (water, sewer, highway, electric, etc.). The data will then be transmitted to the Planning Board with recommendations.
B.
Following review of the preliminary layout and other
material submitted therewith, the Planning Board shall act thereon
as submitted or as modified. If the preliminary layout is satisfactory,
the Planning Board shall give conditional approval and state the specific
conditions of such approval, if any. If the preliminary layout is
unsatisfactory, the Planning Board shall state the reasons for its
disapproval.
C.
The action of the Planning Board shall be noted on
two copies of the preliminary layout. The Planning Board shall approve
or recommend modifications within 62 days of the date of application
by the subdivider. Any modification shall be noted on both copies.
One copy shall be signed by the Village Clerk and returned to the
subdivider and the other retained by the Planning Board. If no action
is taken by the Planning Board within 62 days, the Planning Board
shall act on conditional approval, either approving or disapproving
the same.
D.
Conditional approval of a preliminary layout shall
not constitute approval of a subdivision plat. Rather, it shall be
deemed an expression of approval to the layout submitted in preliminary
form as a guide to the preparation of the final subdivision plat,
which will be submitted for approval of the Planning Board and for
recording.
A.
Application for approval of the subdivision plat shall be submitted, in writing, to the Village Clerk and shall include three copies of the plat and other exhibits required for the approval as specified in § 155-16. Such data shall be forwarded to the engineer, who will consult with appropriate village department heads (water, sewer, highway, electric, etc.). The data will then be transmitted to the Planning Board with recommendations. The application shall be submitted within six months after approval of the preliminary layout; otherwise such preliminary approval shall become null and void unless an extension is applied for and granted by the Planning Board.
B.
The subdivision plat shall conform to the preliminary
layout as conditionally 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.
C.
The Planning Board must approve or disapprove the
plat within the time frame set forth in § 7-728 of the Village
Law.
D.
Before final approval of such plat is given by the
Planning Board, a public hearing shall be held by said Planning Board
pursuant to the provisions of § 7-728 of the Village Law.
E.
Subdividers will be required to furnish seven additional copies of subdivision plats for final approval. These will not be submitted until after the public hearing described in Subsection D of this section. Said additional copies shall include one cloth copy or other approved copy for the Erie County Clerk's office and six paper copies as follows:
F.
After the completion of the foregoing details and
notation to that effect upon the application, all copies shall be
signed by the Village Clerk and shall be deemed to have final approval.
Within 90 days thereafter, the developer must file the plat with the
County Clerk, otherwise such approval will expire.
G.
After such plat is filed with the County Clerk, the
lots, plots, blocks or sites thereon may be offered for sale.
