[Adopted 3-10-1992 by L.L. No. 4-1992][1]
The Planning Board and the Town Board recognize
that certain pending and approved subdivision maps exhibit the kind
of rural settings where the new rural street standards may be appropriate;
however, the Boards also recognize that certain approvals granted
by the Planning Board have resulted in the commencement of construction
of public improvements. In those cases, the Board finds that certain
interests on the part of parties purchasing lots, financing construction
or those in contract to construct the improvements outweigh the interests
of modifying the street specifications. Therefore, as a policy, the
Planning Board may consider requests to modify pending or approved
road and drainage plans under the following circumstances.
The Planning Board may consider requests to
modify road and drainage plans submitted in connection with a pending
sketch plan, preliminary map and final map where a final public hearing
has not been held, as part of the normal subdivision review process.
In these cases, the request may be done by a formal letter to the
Planning Board, including any supporting documents and the appropriate
number of copies of the revised road and drainage plans. Where such
a request is made, the developer must be aware of the required time
frames that the Planning Board must take action within and seek any
extensions of time that may be necessary. The Planning Board will
consider the revised road and drainage plans as part of its normal
review of the map.
The Planning Board may consider requests to
modify road and drainage plans submitted in connection with a map
where the final hearing has been held or where final conditional approval
or final approval has been granted under the following limitations:
A.
Where authorized construction has commenced, the Planning
Board may not consider requests to modify the approved road and drainage
plans pursuant to this article.
B.
Where authorized construction has not commenced, the Planning Board may consider a request to modify the approved road and drainage plans upon submission of a letter outlining the reasons for such modification, an application and review fee and the appropriate number of copies of the revised road and drainage plans. The Planning Board shall consider such a request under its existing subdivision review authority and schedule a public hearing with notice. The Town Engineer and/or Superintendent of Highways shall provide the Planning Board with their recommendations and a revised performance bond estimate. Where such a request for a modification is made after the final public hearing has been held, but before a final decision has been made, the developer must be aware of the required time frames that the Planning Board must take action within and seek any extensions of time that may be necessary. The Planning Board may waive the required application and review fee where the developer has not yet paid the balance of the required review fee under § 292-29.
[Amended 1-27-2004 by L.L. No. 2-2004]
