Whenever any subdivision of land is proposed, before any contract for
the sale of any part thereof and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the subdividing owner or his
authorized agent shall apply for and secure approval of such proposed subdivision
in accordance with the procedures set forth in this Article.
Upon completion of all requirements set forth in the action approving
the subdivision plat and notation to that effect upon the subdivision plat,
it shall be deemed to have final approval and shall be properly signed by
the appropriate officer of the Planning Board and may be filed by the applicant
in the office of the Erie County Clerk. Any subdivision plat not so filed
and recorded within 60 days of the date upon which said plat is approved or
considered approved by reasons of the failure of the Planning Board to act
shall become null and void unless the particular circumstances of said applicant
warrant the Planning Board to grant an extension, which shall not exceed two
additional periods of 90 days. The applicant shall provide the Town Clerk
with a copy of the plat certified by the Erie County Clerk as being the true
and certified copy of said plat on file in the County Office.
For a resubdivision, the same procedure, rules and regulations apply
as for a subdivision.
The approval by the Planning Board of a subdivision plat shall not be
deemed to constitute or imply the acceptance by the town of any street, park,
playground or other open space shown on said plat. The Planning Board may
require said plat to be endorsed with appropriate notes to this effect. If
the Planning Board determines that a suitable park or parks of adequate size
cannot be properly located in any such plat or is otherwise not practical,
the Board may require a condition to approval of any such plat a payment to
the town of a sum to be determined by the Town Board, which sum shall constitute
a trust fund to be used by the Town Board exclusively for neighborhood park,
playground or recreation purposes, including the acquisition of property.
The Planning Board may require the filing of a written agreement between the
applicant and the Town Board covering future title, dedication and provision
for the cost of grading, development, equipment and maintenance of any park
or playground area, as well as a written agreement covering the maintenance
and plowing of all streets within the subdivision until such time as they
are accepted for public maintenance by the Town Board.
Upon posting of the performance bond in accordance with Article
III,
§
137-6A, and after approval and filing of the subdivision plat,
the subdivider may initiate land sales or construction of the subdivision
itself.