[Amended 12-11-2006 by L.L. No. 7-2006; 6-25-2012 by L.L. No. 2-2012]
A. Before a subdivision plat may be submitted to the
Town for final approval, all of the public improvements for that phase
of the plat subject to such final approval must be constructed and/or
installed by the developer. In the event that a developer intends
to construct the public improvements in only some portion or portions
of the total subdivision plan which has been granted preliminary plat
approval, the developer shall submit a final plat depicting only those
portions whereon said public improvements are complete.
B. When the public improvement work has been satisfactorily completed or performance bonded, the subdivider may then submit the final plat (map cover) to the Town Engineer for review. In the event it is determined by the Town Engineer that the final plat is not in substantial agreement with the approved preliminary plat, the plat will be returned to the Planning Board for further review and action in accordance with §
230-30.
The procedure for obtaining final plat approval
is as follows:
A. The final plat shall be properly signed and executed
as required by these regulations before recording by the Clerk of
Erie County. Final plats that are in substantial agreement with the
approved preliminary plat (as determined by the Town Engineer and
the Planning Board Chairperson) may be signed by the Town Engineer
and the Planning Board Chairperson without the need of appearing before
the Town Planning Board.
[Amended 6-25-2012 by L.L. No. 2-2012]
B. A final plat that is determined to be not in substantial
agreement with the approved preliminary plat will need to be processed
through the Planning Board. Within 62 days of the submission of a
plat in final form for approval by the Planning Board, a hearing shall
be held by the Planning Board, which hearing shall be advertised at
least once in a newspaper of general circulation in the Town at least
five days before such hearing.
[Amended 6-25-2012 by L.L. No. 2-2012]
C. 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 45 days of its receipt
by the Clerk of the Planning Board.
D. Notwithstanding the foregoing provisions of this section,
the time in which the Planning Board must take action on such plat
may be extended by mutual consent of the owner and the Planning Board.
In the event that the Planning Board fails to take action on a final
plat within the time prescribed therefor, the plat shall be deemed
approved and a certificate of the Clerk of the Town 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 herein required.
E. Upon resolution of conditional approval of such final
plat, the Planning Board shall empower a duly authorized officer to
sign the plat, subject to completion of such requirements as may be
stated in the resolution. Within five days of such resolution, the
plat shall be certified by the Clerk of the Planning Board as conditionally
approved and a copy mailed to the owner, including a statement of
such requirement which, when completed, will authorize the signing
of the conditionally approved final plat. Upon completion of such
requirements the plat shall be signed by said duly authorized officer
of the Planning Board.
F. Conditional approval of a final plat shall expire
within 180 days after the date of the resolution granting conditional
approval unless such requirements have been certified as completed.
The Board may, upon application and for good cause shown, extend such
limitation for one or more additional six-month periods. The final
plat as approved and so stamped by the Board must be filed or recorded
in the Erie County Clerk's office within 90 days of such approval
and stamping.
G. When the approved plat has been recorded, one linen
of the plat with the restrictive covenants will be furnished to the
Engineering Department and six photo copies for distribution to Town
departments.
No street shall be accepted and maintained by
the town, nor shall any permit be issued by the administrative agent
or department of the town, for the construction of any building upon
any land concerning which a plat is required to be approved unless
and until the final plat has been approved by the Hamburg Town Planning
Board and all public improvements have been accepted by the Town Board.
The procedure for obtaining final Board acceptance is as follows:
A. The final plat shall have been recorded by the County
Clerk.
B. The street(s) or other land(s) and easements shall
have been deeded and filed with the County Clerk.
C. All public improvement work shall have been completed
and approved by the Town Engineer. Minor improvements may be performance
bonded for final acceptance if recommended by the Town Engineer and
approved by Town Board resolution.
D. All sewer, water or other work shall have been completed
and approved by district, county, state or other authority.
E. The maintenance bonds shall be approved by the Town
Attorney.
F. The Town Board shall have all required items in place
for a regularly scheduled meeting.