[Amended 3-15-1999 by L.L. No. 1-1999]
A.
Sketch plan submittal. Prior to the filing of an application for approval of a preliminary plan, the subdivider shall submit to the Planning Board a sketch plan of the proposed subdivision and supporting data as specified in Article VII. This step does not require a formal application fee or filing of a plat with the Planning Board.
B.
Sketch plan action. Within 30 days of a submittal
of a sketch plan, the Planning Board will inform the subdivider that
either the sketch plan as submitted, as modified by the Planning Board
or with conditions established by the Planning Board, meet the objectives
of regulations or, for expressed reasons, it does not meet those objectives.
C.
Preliminary sanitary studies. When the subdivider has received a favorable report on his sketch proposal, he should consult with the County Health Department and any appropriate Town water or sewer district relative to the provision of adequate water supply and sewerage facilities. State legislation requires approval by the County Health Department of sanitary facilities for any subdivision containing five or more lots, and this chapter, in Article V, requires a report from the County Health Department on the sanitary arrangements for any subdivision of less than five lots. It is suggested that the developer not proceed with preparation of his preliminary plat until full agreement has been reached on conditions necessary for providing adequate potable water and provision of adequate sewerage, including the conduct of percolation tests for proposed subsurface leaching beds.
D.
During the course of his preliminary investigation,
the subdivider is urged to meet with the Planning Board as often as
necessary to clear up any points of doubt.
A.
Application. The subdivider, on reaching conclusions as recommended above as to general programs and objectives, may present a preliminary plat, together with improvement plans and other supplementary materials in two copies as required in Articles VI and VII, to any regular or special meeting of the Planning Board.
B.
Notification of owners of abutting lands. In the instance
of any subdivision of a tract larger than five acres in area or any
subdivision involving a new street, the subdivider shall submit to
the Planning Board, along with other required materials, a map showing
the owner of record of each and every abutting lot greater than two
acres in area, together with a certified mail, postage-paid envelope
suitably addressed to each such owner. The Planning Board shall, not
less than five days prior thereto, notify each such landowner of the
Planning Board meeting at which preliminary plans for subdivision
will be considered and shall provide an opportunity at such meeting
for any interested party to be heard. A reasonable failure to notify
any particular abutting landowner shall not of itself, however, be
grounds for invalidation of these proceedings.
C.
Discussion and negotiation. Anytime following submission
of the plat the Planning Board may meet with the developer in an effort
to discuss and advise on modifications on the plat, which modifications
may be formally incorporated in the preliminary plat. The developer
may at any time, by written request, withdraw the plat and may resubmit
it at a later date.
D.
Information to Town officials. The Planning Board
shall advise the Town Board, the Town Highway Superintendent and other
appropriate Town officials of any subdivision negotiations involving
changes in the Town road or drainage systems or special district improvements
and may require extra copies of required information for review by
such officials.
E.
Reference to Town and County officials. The Planning
Board, when desirable, will request appropriate Town and County officials
to meet with it in considering a subdivision and may require the submission
of extra prints of the plat or related material for review by such
officials.
F.
Action. Within 45 days of receipt, the Planning Board,
by resolution and recorded vote, will approve, modify and approve
or disapprove the preliminary plat. In case of approval, the action
of the Planning Board, together with any conditions, shall be noted
on two cloth copies of the preliminary plat. Any accepted stage development
plan shall be referenced and attached thereto, together with any conditions.
One copy of the approved preliminary plat and all related material
shall be returned to the subdivider and one retained by the Planning
Board and maintained on file in the office of the Town Clerk. In case
of disapproval, the reasons for disapproval shall be inscribed in
the minutes of the Planning Board and a copy given or mailed to the
subdivider.
G.
Required improvements. For any approved subdivision
the Planning Board will state in writing the character and extent
of required public improvements for which waivers may have been requested
by the subdivider and which have been waived, together with the reason
for waiving.
H.
Limited nature of approval. Approval of the preliminary
plat shall not constitute approval of the final plat. Rather, it shall
be deemed an expression of approval of the layout submitted on the
preliminary plat, as a guide to the preparation of the final plat
which will be submitted for approval of the Planning Board and for
recording upon fulfillment of the requirements of these regulations
and any other conditions relating to the approval.
I.
Time limit. Approval of a preliminary plat shall expire
24 months from the date of approval. Extensions for periods of 12
months may be granted by the Planning Board upon application. Such
applications for extensions shall be granted unless changed conditions
or new information indicate the unsuitability of the development as
shown on the preliminary plat.
A.
Application. Upon completion of modifications required
by the Planning Board and upon completion of required improvements
or the alternate posting of acceptable surety, the subdivider holding
an approved preliminary plat may apply for approval of the entire
final plat or any section thereof consisting of not less than 10%
of the entire plat, provided that each section has been approved by
the Planning Board for stage development.
B.
Accompanying documentation. In addition to the requirements of Article VII, the final plat shall be accompanied by the following documents:
(1)
Sewerage facilities.
(a)
In the instance of a subdivision of five or
more lots, a certificate as to the adequacy of the proposed water
supply and sewage disposal arrangements, signed by an appropriate
official of the Niagara County Department of Health or the New York
State Department of Health, as required.
(b)
In the instance of a subdivision of fewer than
five lots where no public sewer is available, a written statement
from an appropriate official of the Niagara County Department of Health
stating that no problem in providing economically for on-lot sewage
disposal is indicated.
(c)
In the instance of a subdivision to be served
by water or sewer provided by a Town district, a certificate from
the appropriate officer of that district indicating the availability
and adequacy of such utilities.
(2)
Improvements certificate by the Town Engineer that
any required improvements installed by the subdivider are designed
and installed in accordance with the standards of this chapter and
other standards required by Town, County or state law.
(3)
Performance bond. A written statement from the Town
Board that a performance bond adequate in form to meet the requirements
of this chapter and any other applicable Town requirements and the
Town Law and adequate in amount for the completion of such required
improvements as have not been constructed in the entire plat or in
a section approved for stage development has been filed with the Town.
(4)
Cession. Offers of cession, in form certified as satisfactory
by the Town Attorney, of all land to be dedicated for streets, highways,
easements, parks or other public facilities.
(5)
Inspection costs. A certified check in an amount determined by the Town Engineer in accordance with § 112-36, to meet the costs of inspection of the improvements required to be installed by the developer.
(6)
Installed improvement plans. Drawings and specifications
proposed by a licensed professional engineer, showing the location
of any improvements constructed prior to submission to the final plat.
C.
Public hearing. The Planning Board will hold a public
hearing, as required by § 276 of the Town Law, within 30
days of submission of the final plat for approval, advertising such
hearing in the official Town newspaper at least five days before such
hearing.
D.
Action by the Planning Board.
(1)
The Planning Board, acting within 45 days of the public
hearing, may approve, modify and approve or disapprove such final
plat.
(2)
An approved plat will be signed by the Planning Board
Chairman or Acting Chairman, attested to by the Secretary or Acting
Secretary, and may be recorded in the office of the County Clerk if
presented within 90 days from the date of approval. If not recorded
within this time, the approval shall lapse.
(3)
In the instance of disapproval, the reasons for such
disapproval shall be entered in the minutes of the Planning Board
and given or mailed to the subdivider.
E.
Extended time for filing. In accordance with Subdivision
4 of § 276 of the Town Law, the Planning Board may, by resolution,
extend the time for recording an approved final plat, but not to exceed
two additional ninety-day periods, if, in its opinion, such action
is warranted by particular circumstances.
F.
Copy of filed plat to Planning Board. Within 30 days
from the recording of the final plat or any approved section thereof,
the subdivider shall file with the Planning Board a photostatic copy
of the plat certified by the County Clerk to be a true copy of the
recorded plat.
As improvements are installed they shall be
inspected by the Town Engineer, who shall be provided by the subdivider
with a map showing the as-built location and elevations of the completed
improvements as prepared by a licensed professional engineer. Said
map, together with a certification of installation by the Town Engineer,
shall be filed with the Planning Board prior to the acceptance of
any street or release of any bond. The Planning Board may authorize
the serial release or reduction of the face value of performance bonds
as improvements are installed, but only on approval of the Town Board
in accordance with the provisions in § 277 of the Town Law.
A.
When authorized. Utilization of the short procedure
may be authorized by the Planning Board in the following instances
only:
(1)
Lot-split subdivision: the division of one lot into
two or three lots when no new lot so created is sufficiently large
to permit resubdivision and no new street is created.
(2)
Boundary adjustment subdivision: a subdivision for
the purpose of boundary adjustment between two parcels when neither
of the parcels to be transferred is sufficiently large to serve as
a zoning lot.
(3)
Resubdivision without street change: the replatting
of lots in a previously approved or recorded subdivision when no street
changes are required and no changes involving drainage or utilities
are necessary.
(4)
Subdivision on existing public highways. A property
owner may sell a maximum of two lots per year, five lots in a five-year
period, provided that:
[Added 5-6-2002 by L.L. No. 2-2002]
B.
Procedure. The procedure in the instance of a request
for use of the short procedure shall be as follows:
(1)
The developer shall submit a request, in writing, for use of the short procedure under the appropriate category listed under Subsection A.
(2)
The subdivider shall meet with the Planning Board
at a regular or special meeting, submitting necessary documentation.
(3)
A designated member of the Planning Board or the Town
Road Superintendent or Town Engineer acting for the Board shall have
visited the site and reported thereon, particularly with respect to
any storm drainage requirements and the adequacy of streets.
(4)
The Planning Board shall, if it considers street and
storm drainage provisions to be adequate and the subdivision to be
otherwise in keeping with the spirit of this chapter and other Town
ordinances, by resolution, authorize the subdivider to dispense with
further preapplication procedures and with the preliminary plat procedures
and to proceed directly with the final plat procedures. In such instance
the subdivider shall note on the plat the following:
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Preliminary plat requirement waived in accordance with the provisions of Article IV of the Subdivision Regulations at (regular, special) meeting of the Planning Board on _________________, _____.
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Signed
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Secretary, Planning Board
Town of Wilson
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