Prior to submittal of a sketch plan and/or application for a subdivision and payment of the required application fee, the applicant shall have the option to attend a preapplication conference with the Planning Board to discuss the proposed subdivision. At the preapplication conference, the applicant shall have the opportunity to discuss what the applicant is proposing with the Planning Board and receive feedback from the Planning Board as to concerns that may have to be addressed in the application.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Submission of sketch plan.
(1) 
Any owner of land may, prior to subdividing or resubdividing land, submit to the Code Enforcement Officer at least 10 days prior to the regular meeting of the Planning Board completed official application forms along with two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, General Requirements and Design Standards, for purposes of classification and preliminary discussion.
(2) 
The application for review of the sketch plan shall be accompanied by a fee in accordance with the fee schedule as set by resolution of the Town Board from time to time.[1]
[1]
Editor's Note: See Ch. 540, Fees, Land Use.
B. 
Discussion of requirements. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of this chapter for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
C. 
Study of sketch plan. The Planning Board and appropriate Town departments shall determine whether the sketch plan meets the purposes of this chapter and shall, where it deems appropriate, make specific recommendation in writing to be incorporated by the applicant in the next submission to the Planning Board.
A. 
Application and fee.
(1) 
Prior to the filing of an application for the approval of a subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision with the Town Code Enforcement Officer accompanied by 15 copies of the preliminary plat. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in Article V, General Requirements and Design Standards, of this chapter. The preliminary plat shall in all respects comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and this chapter.
(2) 
The application for approval of the preliminary plat shall be accompanied by a fee in accordance with the fee schedule as set by resolution of the Town Board from time to time.[1]
[1]
Editor's Note: See Ch. 540, Fees, Land Use.
B. 
Distribution of copies. Copies of the preliminary subdivision plat shall be immediately distributed by the Town Code Enforcement Officer to the Planning Board, the Town Engineer, the Highway Superintendent, other departments as deemed appropriate by the Code Enforcement Officer, Planning Board and/or Town Board and the Erie County Department of Environment and Planning for prompt review.
C. 
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board during discussion of the preliminary plat.
D. 
Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Comprehensive Plan and Chapter 700, Zoning, of the Code of the Town of Marilla. After review by Town departments, the Planning Board shall make its recommendation to the Town Board within the time limits specified in Subsections F and G below.
E. 
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by this section of these regulations, has been filed with the Town Code Enforcement Officer.
F. 
Public hearing. Within 62 days after the receipt of such preliminary plat by the Town Code Enforcement Officer, the Town Board shall hold a public hearing, which hearing shall be advertised at least once in the official Town newspaper(s) at least five days before such hearing.
G. 
Approval of the preliminary plat.
(1) 
Within not more than 62 days after the date of the public hearing, the Town Board shall provide written comments to the subdivider expressing approval, with or without modification, or disapproval of such preliminary plat. The justification of a modification, if any, or the justification for disapproval shall be stated upon the records of the Town Board. The time in which the Town Board must take action on such plat may be extended by mutual consent of the subdivider and the Town Board. When so approving a preliminary plat, the Town 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 Town Code Enforcement Officer as granted preliminary approval and a copy filed in their office, a certified copy mailed to the owner and a copy forwarded to the Town Board.
(2) 
When granting approval of a preliminary plat, the Town Board shall state the terms of such approval, if any, with respect to:
(a) 
The modifications to the preliminary plat.
(b) 
The amount of improvement or the amount of all bonds therefor which will be required as a prerequisite to the approval of the final subdivision plat. Approval of a preliminary plat shall not constitute approval of the final subdivision plat, but rather, it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final subdivision plat, which will be submitted for the approval of the Town Board and for recording upon fulfillment of the requirements of the final subdivision plat. The Town Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.
A. 
Application for approval and fee. The subdivider shall, within six months after the approval of the preliminary plat, file an application for approval of the subdivision plat in final form with the Town Code Enforcement Officer. All applications for final plat approval for subdivisions shall be accompanied by a fee as set by resolution of the Town Board from time to time.[1] If the application for final plat approval is not submitted within six months after the approval of the preliminary plat, the Town Board may refuse to approve the final plat and require reapplication for the preliminary plat.
[1]
Editor's Note: See Ch. 540, Fees, Land Use.
B. 
Number of copies. The subdivider shall provide the Town Code Enforcement Officer with a copy of the applications and three copies (one reproducible and two prints) of the plat, the original and one true copy of all offers of cession, covenants and agreements and two prints of all construction drawings.
C. 
When officially submitted. The time of submission of the final subdivision plat shall be considered to be the date on which the application for approval of the final subdivision plat is determined to be complete and accompanied by the required fee and all data required by this chapter is filed with the Town Code Enforcement Officer.
D. 
Endorsement of state and county agencies. Water and sewer facility proposals contained in the final subdivision plat shall be properly endorsed and approved by the Erie County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Town, county and state agencies. Endorsement and approval by the Erie County Department of Health shall be secured by the subdivider before official submission of the final subdivision plat.
E. 
Review by Planning Board. The final subdivision plat shall be reviewed by the Planning Board and appropriate Town departments, and following their review will make their recommendation to the Town Board.
F. 
Public hearing. Within 62 days of the submission of the plat in final form for approval, a hearing shall be held by the Town Board. This hearing shall be advertised at least once in the official Town newspaper(s) at least five days before such hearing. However, when the Town Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 644-11, Preliminary plat for subdivisions, and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modification, the Town Board may waive the requirement for such public hearing.
G. 
Action on proposed final subdivision plat.
(1) 
The Town 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 Town Code Enforcement Officer if no hearing is held, or in the event that a hearing is held within 62 days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Town Board.
(2) 
Upon resolution of conditional approval of such final plat, the Town Board shall empower the Town Code Enforcement Officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Town Code Enforcement Officer as conditionally approved and a copy filed in his office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the plat shall be signed by the Town Code Enforcement Officer.
(3) 
Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Town Board may, however, extend the time within which a conditionally approved plat may be submitted for signature if in its opinion such extension is warranted in the circumstances for not to exceed two additional periods of 90 days each. After such time as the final plat has expired, the subdivider must submit a reapplication for final plat approval prior to performing additional site improvements.
A. 
Improvements and performance bond. Before the Town Board grants final approval of the subdivision plat, the Town Board shall require the subdivider to follow the procedure set forth in either Subsection A(1) or (2) below:
(1) 
In an amount set by the Town Board, the subdivider shall either file with the Town Code Enforcement Officer a certified check or a performance bond to cover the full cost of the required improvements. Any such bond shall be satisfactory to the Town Board and the Town Attorney as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Town Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.
(2) 
The subdivider shall complete all required improvements to the satisfaction of the Town Engineer. When this has been accomplished, the Town Engineer shall file a letter signifying the satisfactory completion of all required improvements with the Town Board. The subdivider shall file with the Town Code Enforcement Officer a bond or certified check covering the cost of such improvement not approved by the Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety.
(3) 
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Town Board has been submitted to the Code Enforcement Officer by the applicant. This map shall indicate the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the Town Code Enforcement Officer. However, if the subdivider provides a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such a map is submitted.
B. 
Modification of design of improvements. If at any time after the filing of the final plat with the office of the County Clerk it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, and upon approval by the Code Enforcement Officer, authorize modifications, provided that these modifications are within the spirit and intent of the Town Board's approval. The Town Engineer shall issue any authorization under this section to the Town Board at its next regular meeting.
C. 
Inspection of improvements. At least two working days prior to commencing construction of required improvements, the subdivider shall notify the Town Code Enforcement Officer, in writing, to assure that all Town specifications and requirements be met during the construction of required improvements. A fee to cover the Town inspection of the construction of improvements related to the subdivision shall be charged and paid to the Town Clerk. The fee shall be based on a percentage of the cost of improvements in accordance with the current fee schedule of the Town of Marilla.[1]
[1]
Editor's Note: See Ch. 540, Fees, Land Use.
D. 
Proper installation of improvements.
(1) 
The Town Engineer shall report to the Town Board, if upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider.
(2) 
The Town Board then shall notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the Town's rights under the bond. No plat shall be approved by the Town Board as long as the subdivider is in default on a previously approved plat.
E. 
Maintenance bond. The subdivider, on completion and acceptance of required improvements, shall furnish the Town with a maintenance bond in the amount of 25% of the cost of such improvements, guaranteeing the maintenance of such improvements against deterioration traceable to inadequate installation of materials during the first two years following acceptance.
A. 
Final approval and filing. Upon completion of the requirements in §§ 644-12 and 644-13 and notation to that effect upon the final subdivision plat, it shall be deemed to have final approval and shall be properly signed by the Town Code Enforcement Officer and may be filed by the applicant in the office of the County Clerk. Any final subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved shall become null and void.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made to any final subdivision plat after approval has been given by the Town Board and endorsed in writing on the plat unless the plat is first resubmitted to the Town Board for approval of any modifications. In the event that any such final subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Town Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
A. 
Public acceptance of streets.
(1) 
Public acceptance of streets shall only be considered to be enacted after review and recommendation by the Town Highway Superintendent, the Town Attorney and the Town Engineer for the acceptance followed by formal Town Board acceptance by resolution at a public meeting.
(2) 
The approval by the Town Board of a final subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement or other open space shown on such final subdivision plat.
B. 
Ownership and maintenance of recreation areas. When a park, playground or other recreation area shall have been shown on a final subdivision plat, the approval of said plat shall not constitute an acceptance by the Town of such area. The Town Board shall require the plat to be endorsed with appropriate notes to this effect. The Town Board may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.