A. 
The purpose of the sketch plan phase is to provide the subdivider with an opportunity to consult early and informally in the subdivision process with the Planning Board in order to save time and money and to improve the opportunity for more desirable development.
B. 
A sketch plan may be submitted to the Planning Board for informal review for all subdivisions. The sketch plan should show the location of the subdivision, all existing structures, wooded areas, significant physical features, existing utilities and community resources and the proposed pattern of lots, streets, drainage, open space, and water and sewer facilities.
C. 
The subdivider may appear before the Planning Board to present the proposed sketch plan and to receive information that may be necessary to process the request. The subdivider may meet with the Planning Board prior to preparing the sketch plan to discuss procedural matters as well as pertinent development requirements and potential concerns including, but not limited to, local development policies, the design of streets, reservations of land, water retention facilities, drainage, erosion control and slope stabilization measures, sewerage, water supply and fire protection.
D. 
Subdividers of land adjoining state or Town highways are advised to consult with the Resident Engineer of the New York State Department of Transportation or the Albion Department of Public Works at the sketch plan stage in order to resolve problems of street openings and/or stormwater drainage at the earliest possible stage in the design process.
E. 
Where public utilities are involved, the subdivider's engineer should contact the appropriate agencies for connection specifications and capacity requirements as well as other pertinent construction standards.
F. 
The Planning Board shall determine whether the sketch plan meets the purposes of this chapter and if the proposal is consistent with existing or potential development of adjacent areas and the Comprehensive Plan. The Planning Board shall inform the applicant of the actions to be taken to meet the requirements of this chapter. The requirements for compliance with SEQR may also be discussed at this stage. If it is deemed appropriate, the Planning Board may refer a copy of the sketch plan to the Director of Public Works or any other Town official for review and comment.
G. 
Within 45 days following the receipt of a complete sketch plan, the Planning Board shall consider and transmit a written report to the applicant containing its comments concerning the design of the proposed project. Copies of minutes of relevant meetings of the Planning Board shall be considered a sufficient written report. The time frame within which the Planning Board is required to act may be extended by mutual consent of the Planning Board and the applicant. In the event the Planning Board fails to transmit a written report within the aforementioned 45 days or such additional time as may be mutually agreed upon by the subdivider and the Planning Board, the subdivider shall consider the Planning Board to be in concurrence with the design of the proposed subdivision for the purpose of preparing a preliminary plat.
A. 
A preliminary plat shall be prepared and submitted to the Planning Board for all proposed subdivisions. The preliminary plat shall be clearly marked "preliminary plat" and shall satisfy the requirements for preliminary layouts as described in Article IV of this chapter. Preliminary plats should comply with the recommendations made by the Planning Board in its report on the sketch plan. A completed environmental assessment form shall also be submitted at this time.
B. 
Ten copies of the preliminary plat and supplementary materials specified herein shall be submitted to the Planning Board at least 14 days prior to the meeting at which it is to be considered.
C. 
The preliminary plat shall be accompanied by a fee to cover administrative and inspection costs in accordance with the fee schedule adopted by the Town Board.
D. 
One copy of the preliminary plat shall be returned to the applicant with the notification of decision and one copy shall be retained by the Planning Board. The other copies shall be used for necessary coordination with other agencies or consultants, including the Orleans County Planning Board as may be required pursuant to § 239-n of the General Municipal Law.
E. 
The Planning Board shall study the preliminary plat taking into consideration the topography of the area, the requirements of the community and the best design of the land proposed to be subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water and sewer services, drainage, lot sizes and arrangements, the future development of adjoining lands as yet unsubdivided and the requirements of the Town's zoning regulations[1] and Comprehensive Plan. In the review of the preliminary plat, the Planning Board may consult with the Town Director of Public Works, if such consultation is needed, as well as with such other officials or agencies as may be appropriate. The Planning Board, Town Director of Public Works or other appropriate officials consulted with shall report to the Planning Board concerning the adequacy of the features shown on the preliminary plat.
[1]
Editor's Note: See Ch. 103, Zoning.
F. 
Within 62 days following the receipt of a complete and satisfactory preliminary plat and supporting documentation [NOTE: Supporting documentation shall include a completed environmental assessment form or a draft environmental impact statement and appropriate actions taken in accordance with the provisions of the State Environmental Quality Review Act. (For guidance, see the Preliminary Plat Review Procedures flowchart at the end of this chapter.)], the Planning Board shall, pursuant to New York State Town Law, conduct a public hearing on the proposed subdivision. The notice of hearing shall be published at least once in a newspaper of general circulation in the Town not less than five days before such hearing.
G. 
Within 62 days following the closing of the public hearing, the Planning Board shall approve, with or without modification, or disapprove such preliminary plat. The grounds for a modification or disapproval, if any, shall be stated in the records of the Planning Board. Notwithstanding the foregoing provisions, the time within which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing any modification it deems necessary prior to submission of the plat in final form.
H. 
Within five days of the decision on the preliminary plat, the Planning Board shall file its decision in the Office of the Town Clerk. In addition, the subdivider shall be provided with written notification of the action by the Planning Board within five days of the decision. In the event the Planning Board fails to take action on a preliminary plat within the time frame prescribed herein, such plat shall be deemed to have been granted preliminary approval. The certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.
A. 
Within six months of receiving approval from the Planning Board on a preliminary plat, with or without modification, the applicant may submit a final plat for approval by the Planning Board. The final plat shall be accompanied by the appropriate subdivision fees as specified in the fee schedule adopted by the Town Board. Final plats may require further review under the State Environmental Quality Review Act (SEQR).
B. 
If more than six months have elapsed between the time of the Planning Board's decision on the preliminary plat and the submission of the final plat, the Planning Board may require resubmission of the preliminary plat prior to accepting the proposed final plat, if it determines that conditions affecting the plat have changed significantly in the interim. If the Planning Board determines that the preliminary plat must be resubmitted, the Planning Board shall conduct another public hearing on the proposed subdivision.
C. 
The subdivider may choose to develop the subdivision in sections. If sections are proposed, the developer shall submit the final plat for a portion of the area encompassed by the preliminary plat, provided that the proposed development sections were indicated on the preliminary plat approved by the Planning Board. A section shall include at least 10% of the total number of lots contained in the approved preliminary plat.
D. 
Two reproducible Mylar tracings of the final plat map plus 10 copies of said tracing and other exhibits required for approval, as specified herein and as otherwise required by the Town, shall be submitted with the application for final plat approval. When submitting a final plat for Planning Board approval, the subdivider shall also file formal offers of dedication to the Town or other appropriate public agencies of all streets, parks and playgrounds and other permanent open spaces for community use as well as all utilities and storm drainage facilities as shown in the final plat. The approval of the plat does not constitute acceptance by the Town of the dedication of such facilities. Evidence of all necessary easements or easement documents, if appropriate, as well as any other legal documents requested by the Planning Board, shall be submitted with the final plat.
E. 
The final plat shall conform substantially to the preliminary plat approved by the Planning Board. It shall incorporate any modifications or other features that may have been specified by the Planning Board at the preliminary plat stage.
F. 
Within 62 days of the receipt of a complete and satisfactory final plat which the Planning Board deems to be in substantial agreement with the approved preliminary plat, the Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat.
G. 
When a final plat is submitted which the Planning Board deems not to be in substantial agreement with the approved preliminary plat, the following shall apply:
(1) 
The Planning Board shall hold a public hearing on such final plat not later than 62 days after the receipt of the final plat. The hearing shall be advertised at least once in the official newspaper of the Town at least five days before such hearing.
(2) 
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. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
H. 
Written notice of the action by the Planning Board shall be mailed to the applicant and filed in the Office of the Town Clerk within five days of the date of the action by the Planning Board. The action of the Planning Board shall be recorded in the Council's minutes. In the case of the disapproval of a proposed final plat, the Planning Board minutes shall specify the reasons for disapproval. Notwithstanding the foregoing provisions of this chapter, the time within which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. In the event the Planning Board fails to take action on a final plat within the time prescribed herein, the plat shall be considered to be approved. A certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.
I. 
No development of any sort, site improvements or a building permit for any structure within the proposed subdivision shall be issued by the Code Enforcement Office until the record sheet of the final plat has been approved by the Planning Board and the subdivision is filed by the subdivider in the Office of the Orleans County Clerk and the libre and page numbers have been assigned by the County Clerk. If a permit is desired for the occupancy of a building in the subdivision prior to the completion of all of the improvements shown on the approved construction sheet of the subdivision plat, the Town Director of Public Works shall determine that the streets and utilities serving the building have been sufficiently completed to adequately serve the proposed occupancy.
J. 
Every final plat submitted to the Planning Board for its approval shall carry the following endorsement:
Approved by Resolution of the Planning Board of the Town of Albion, New York, on the _____ day of ___________, ____, subject to all requirements and conditions of said Resolution.
Signed this _____ day of __________, ____, by
_________________________________, Chairman, or
_________________________________, Designee.
K. 
If the Planning Board conditionally approves the final plat, the Chairman or a designee may sign the plat upon the completion of the requirements specified in the approval resolution. Within five days of granting conditional approval, the final plat shall be certified by the Chairman, or designee, as conditionally approved. A copy of such action shall be filed in the Office of the Town Clerk and a copy shall be mailed to the subdivider, including a statement listing those requirements which, upon completion, would constitute approval of the final plat. Upon completion of the requirements, the plat shall be signed by the Chairman or a designee. Conditional approval of a final plat shall expire within 180 days following the date of the resolution granting conditional approval unless all such requirements have been certified as completed. Notwithstanding the foregoing provisions of this chapter, the Planning Board may extend the time within which a conditionally approved plat must be submitted for final approval. If the Planning Board determines that such an extension is warranted, it may extend the date for no more than two periods of 90 days each.
L. 
No changes, erasures, modifications, or revisions shall be made to any final plat following approval and endorsement of said plat by the Planning Board. In the event that a final plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Planning Board shall institute proceedings to have said plat stricken from the records of the County Clerk.
M. 
An approved final plat shall be filed by the subdivider in the Office of the County Clerk within 62 days following the date said final plat is signed by the Chairman or a designee, or the issuance of the certificate by the Town Clerk as to the date of the submission of the final plat and failure of the Planning Board to take action thereon within the time prescribed. If the final plat is not filed within this time period, the final plat approval shall become null and void. In the event the owner shall file only a section of an approved plat in the Office of the County Clerk, the entire approved preliminary plat shall be filed with the Town Clerk within 30 days of the filing of such section. Any section of an approved final plat which is filed in the Office of the County Clerk shall encompass at least 10% of the total number of lots contained in the approved preliminary plat. The approval of the remaining sections of the approved preliminary 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 New York State Town Law.
A. 
Except for those instances which take precedence (as provided in Subsection B below), the resubdivision of property which affects the boundaries of four or more lots shall follow the same procedure as specified elsewhere in this chapter for a subdivision.
B. 
A resubdivision consisting solely of the simple alteration of lots lines and where no additional lots are proposed to be created shall be subject to the preparation of a map by an engineer or surveyor. Said map shall be labeled "Resubdivision Map." Once a resubdivision map has been received, the Planning Board shall by resolution authorize the Chairman or a designee to review the proposed resubdivision map for the purpose of determining compliance with local zoning requirements. Pursuant to the resolution of the Planning Board, the Chairman or a designee shall sign the resubdivision map which may thereafter be filed by the subdivider in the County Clerk's Office. Tax Map numbers shall be reassigned as necessary.
A. 
Preliminary plats shall not be considered complete until the subdivider has submitted all of the information required under SEQR and either a negative declaration has been filed or a notice of completion of the draft environmental impact statement has been filed. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
B. 
If the Planning Board is lead agency under the State Environmental Quality Review Act (SEQR), any public hearing held by the Planning Board on a preliminary plat or on a final plat which does not substantially conform to an approved preliminary plat, shall be coordinated with the environmental review process as follows:
(1) 
If the Planning Board determines that the preparation of an environmental impact statement is not required, the Planning Board shall issue a negative declaration and conduct the public hearing on the proposed plat within 62 days after the receipt of a complete preliminary plat; or,
(2) 
If the Planning Board determines that the preparation of an environmental impact statement is required and a public hearing on the draft environmental impact statement is held, the public hearing on the proposed 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. If no public hearing is held on the draft environmental impact statement, the public hearing on the proposed plat shall be held within 62 days of filing the notice of completion.
(3) 
The hearing on the proposed plat shall be advertised at least once in the official newspaper of 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 hearing on the proposed plat shall be completed within 120 days after it has begun.
(4) 
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. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 62 days following the close of the public hearing on the proposed plat. The Planning Board shall issue findings on the final environmental impact statement and make its decision on the proposed plat within 30 days of the filing of such final environmental impact statement.
C. 
If the Planning Board is not lead agency under the State Environmental Quality Review Act, any public hearing held by the Planning Board on a preliminary plat, or on a final plat which does not substantially conform to an approved preliminary plat, shall be coordinated with the environmental review process as follows:
(1) 
The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the proposed plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, the Planning Board shall hold the public hearing on the proposed plat within 62 days after the receipt of a complete plat by the Planning Board.
(2) 
The hearing on the proposed plat shall be advertised at least once in the official newspaper of 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 a manner as it deems most appropriate for full public consideration of such plat. The hearing on the final plat shall be completed within 120 days after it has begun.
(3) 
The Planning Board shall act on the proposed plat within 62 days after the close of the public hearing on such plat.[1]
[1]
Editor's Note: The Preliminary Plat Review Procedures flowchart, and the Final Plat Review Procedures flowchart, which originally followed this subsection, are included at the end of this chapter.