Whenever any subdivision of land is proposed
to be made, and before any contract for the sale of, or any offer
to sell any lots in such subdivision or any part thereof is made,
and before any permit for the erection of a structure in such proposed
subdivision shall be granted the subdivider or his duly authorized
agent shall apply in writing for approval of such proposed subdivision
in accordance with the following procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 10 days prior to the regular meeting of the Board three copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 156-19, for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection, and similar aspects, as well as the availability of existing services and other pertinent information. Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivision. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 156-5 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 156-6, 156-7 and 156-8.
C.
Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the purposes of these regulations and
shall, where it deems it necessary, make specific recommendations
in writing to be incorporated by the applicant in the next submission
to the Planning Board.
A.
Application and fee. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article V, § 156-20A. All applications for plat approval for minor subdivisions shall be accompanied by a fee as set from time to time by resolution of the Town Board.
[Amended 4-27-2000 by L.L. No. 1-2000]
B.
Number of copies. Five copies of the subdivision plat
shall be presented to the Secretary of the Planning Board at least
10 days prior to a scheduled monthly meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of
the Planning Board to discuss the subdivision plat.
D.
Approval process.
[Amended 4-27-2000 by L.L. No. 1-2000]
(1)
Final plats when no preliminary plat is required to
be submitted; receipt of complete final plat. When no preliminary
plat is required to be submitted, a final plat shall not be considered
complete until a negative declaration has been filed or until a notice
of completion of the draft environmental impact statement has been
filed in accordance with the provisions of the State Environmental
Quality Review Act. The time periods for review of such plat shall
begin upon filing of such negative declaration or such notice of completion.
(2)
Final plats; not in substantial agreement with approved
preliminary plats, or when no preliminary plat is required to be submitted.
When a final plat is submitted which the Planning Board deems not
to be in substantial agreement with a preliminary plat approved pursuant
to this section, or when no preliminary plat is required to be submitted
and a final plat clearly marked "final plat" is submitted conforming
to the definition provided by this section the following shall apply:
(a)
Planning Board as lead agency; public hearing;
notice; decision.
[1]
Public hearing on final plats. The time within
which the Planning Board shall hold a public hearing on such final
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act, as
follows:
[a]
If such Board determines that the
preparation of an environmental impact statement is not required,
the public hearing on a final plat not in substantial agreement with
a preliminary plat, or on a final plat when no preliminary plat is
required to be submitted, shall be held within 62 days after the receipt
of a complete final plat by the Clerk of the Planning Board; or
[b]
If such Board determines that an
environmental impact statement is required, and a public hearing on
the draft environmental impact statement is held, the public hearing
on the final plat and the draft environmental impact statement shall
be held jointly within 62 days after the filing of the notice of completion
of such draft environmental impact statement in accordance with the
provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the public
hearing on the final plat shall be held within 62 days following filing
of the notice of completion.
[2]
Public hearing; notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if no hearing is held on the draft environmental impact statement,
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall make its
decision on the final plat as follows:
[a]
If such Board determines that the
preparation of an environmental impact statement on the final plat
is not required, 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 62 days after the date
of the public hearing; or
[b]
If such Board determines that an
environmental impact statement is required, and a public hearing is
held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of such public hearing in accordance with the provisions of the State
Environmental Quality Review Act. If no public hearing is held on
the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the final plat. Within 30 days of the filing
of the final environmental impact statement, the Planning Board shall
issue findings on such final environmental impact statement and shall,
by resolution, conditionally approve, with or without modification,
disapprove or grant final approval and authorize the signing of such
plat.
[4]
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
(b)
Planning Board not as lead agency; public hearing;
notice; decision.
[1]
Public hearing. The Planning Board shall with
the agreement of the lead agency, hold the public hearing on the final
plat jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement or if no public hearing is
held on the draft environmental impact statement, the Planning Board
shall hold the public hearing on the final plat within 62 days after
the receipt of a complete final plat by the Clerk of the Planning
Board.
[2]
Public hearing; notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
[3]
Decision. The Planning Board shall, by resolution,
conditionally approve, with or without modification, disapprove or
grant final approval and authorize the signing of such plat as follows:
[a]
If the preparation of an environmental
impact statement on the final plat is not required, the Planning Board
shall make its decision within 62 days after the close of the public
hearing on the final plat.
[b]
If an environmental impact statement
is required, the Planning Board shall make its own findings and its
decision on the final plat within 62 days after the close of the public
hearing on such final plat or within 30 days of the adoption of findings
by the lead agency, whichever period is longer. The grounds for a
modification, if any, or the grounds for disapproval shall be stated
upon the records of the Planning Board.
E.
Approval and certification of final plats.
(1)
Certification of plat. Within five business days of
the adoption of the resolution granting conditional or final approval
of the final plat, such plat shall be certified by the Clerk of the
Planning Board as having been granted conditional or final approval
and a copy of such resolution and plat shall be filed in such Clerk's
office. A copy of the resolution shall be mailed to the owner. In
the case of a conditionally approved plat, such resolution shall include
a statement of the requirements which when completed will authorize
the signing thereof. Upon completion of such requirements the plat
shall be signed by said duly authorized officer of the Planning Board
and a copy of such signed plat shall be filed in the office of the
Clerk of the Planning Board or filed with the Town Clerk as determined
by the Town Board.
(2)
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be subdivided and developed in two or more sections
and may in its resolution granting conditional or final approval state
that such requirements as it deems necessary to ensure the orderly
development of the plat be completed before said sections may be signed
by the duly authorized officer of the Planning Board. Conditional
or final approval of the sections of a final plat may be granted concurrently
with conditional or final approval of the entire plat, subject to
any requirements imposed by the Planning Board.
(3)
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval unless all requirements stated in
such resolution have been certified as completed. The Planning Board
may extend by not more than two additional periods of 90 days each,
the time in which a conditionally approved plat must be submitted
for signature if, in the Planning Board's opinion, such extension
is warranted by the particular circumstances.
F.
Default approval of preliminary or final plat. The
time periods prescribed herein within which a Planning Board must
take action on a preliminary plat or a final plat are specifically
intended to provide the Planning Board and the public adequate time
for review and to minimize delays in the processing of subdivision
applications. Such periods may be extended only by mutual consent
of the owner and the Planning Board. In the event that a Planning
Board fails to take action on a preliminary plat or a final plat within
the time prescribed therefor after completion of all requirements
under the State Environmental Quality Review Act, or within such extended
period as may have been established by the mutual consent of the owner
and the Planning Board, such preliminary or final plat shall be deemed
granted approval. The certificate of the Town Clerk as to the date
of submission of the preliminary or final plat and the failure of
the Planning Board to take action within the prescribed time shall
be issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval herein required.
G.
Filing of decision on final plat. Within five business
days from the date of the adoption of the resolution stating the decision
of the Board on the final plat, the Chairman or other duly authorized
member of the Planning Board shall cause a copy of such resolution
to be filed in the office of the Town Clerk.
H.
Notice to County Planning Board or agency or regional
planning council. When a County Planning Board or agency or a regional
planning council has been authorized to review subdivision plats pursuant
to § 239-n of the General Municipal Law, the Clerk of the
Planning Board shall refer all applicable preliminary and final plats
to such County Planning Board or agency or regional planning council
as provided in that section.
A.
Application and fee. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in Article V, Section 3, hereof. 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 Article V, Section 3 of these regulations, except where a waiver may be specifically authorized by the Planning Board. The application for conditional approval of the preliminary plat shall be accompanied by a fee as set from time to time by resolution of the Town Board.
[Amended 4-27-2000 by L.L. No. 1-2000]
B.
Number of copies. Five copies of the preliminary plat
shall be presented to the Secretary of the Planning Board at least
10 days prior to a regular monthly meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of
the Planning Board to discuss 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 190, Zoning, if such exists.
E.
Approval of preliminary plats.
[Amended 4-27-2000 by L.L. No. 1-2000]
(1)
Submission of preliminary plats. All plats shall be
submitted to the Planning Board for approval in final form; provided,
however, that where the Planning Board has been authorized to approve
preliminary plats, the owner may submit or the Planning Board may
require that the owner submit a preliminary plat for consideration.
Such a preliminary plat shall be clearly marked "preliminary plat"
and shall conform to the definition provided in this section.
(2)
Coordination with the State Environmental Quality
Review Act. The Planning Board shall comply with the provisions of
the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
(3)
Receipt of a complete preliminary plat. A preliminary
plat shall not be considered complete until a negative declaration
has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions
of the State Environmental Quality Review Act. The time periods for
review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
(4)
Planning Board as lead agency under the State Environmental
Quality Review Act; public hearing; notice; decision.
(a)
Public hearing on preliminary plats. The time
within which the Planning Board shall hold a public hearing on the
preliminary plat shall be coordinated with any hearings the Planning
Board may schedule pursuant to the State Environmental Quality Review
Act, as follows:
[1]
If such Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the public hearing on such plat shall be held within 62
days after the receipt of a complete preliminary plat by the Clerk
of the Planning Board; or
[2]
If such Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, the public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
(b)
Public hearing; notice, length. The hearing
on the preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if no hearing is held on the draft environmental impact statement,
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
preliminary plat. The hearing on the preliminary plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(c)
Decision. The Planning Board shall approve,
with or without modification, or disapprove such preliminary plat
as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required such board shall make its decision within 62 days after the
close of the public hearing; or
[2]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the preliminary plat. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary
plat.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
(5)
Planning Board not as lead agency under the state
environmental quality review act; public hearing; notice; decision.
(a)
Public hearing on preliminary plats. The Planning
Board shall, with the agreement of the lead agency, hold the public
hearing on the preliminary plat jointly with the lead agency's hearing
on the draft environmental impact statement. Failing such agreement
or if no public hearing is held on the draft environmental impact
statement, the Planning Board shall hold the public hearing on the
preliminary plat within 62 days after the receipt of a complete preliminary
plat by the Clerk of the Planning Board.
(b)
Public hearing; notice, length. The hearing
on the preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such preliminary plat. The hearing on the preliminary plat shall
be closed upon motion of the Planning Board within 120 days after
it has been opened.
(c)
Decision. The Planning Board shall by resolution
approve with or without modification or disapprove the preliminary
plat as follows:
[1]
If the preparation of an environmental impact
statement on the preliminary plat is not required, the Planning Board
shall make it's decision within 62 days after the close of the public
hearing on the preliminary plat.
[2]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the preliminary plat within 62 days after the close of the public
hearing on such preliminary plat or within 30 days of the adoption
of findings by the lead agency, whichever period is longer.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
(6)
Certification and filing of preliminary plat. Within
five business days of the adoption of the resolution granting approval
of such preliminary plat, such plat shall be certified by the Clerk
of the Planning Board as having been granted preliminary approval
and a copy of the plat and resolution shall be filed in such Clerk's
office. A copy of the resolution shall be mailed to the owner.
(7)
Filing of decision on preliminary plat. Within five
business days from the date of the adoption of the resolution stating
the decision of the Board on the preliminary plat, the Chairman or
other duly authorized member of the Planning Board shall cause a copy
of such resolution to be filed in the office of the Town Clerk.
(8)
Revocation of approval of preliminary plat. Within
six months of the approval of the preliminary plat the owner must
submit the plat in final form. If the final plat is not submitted
within six months, approval of the preliminary plat may be revoked
by the Planning Board.
F.
When granting conditional approval to a preliminary
plat, the Planning Board shall state the conditions of such approval,
if any, with respect to the specific changes which it will require
in the subdivision plat, the character and extent of the required
improvements for which waivers may have been requested and which in
its opinion may be waived without jeopardy to the public health, safety,
morals, and general welfare and the amount of improvement or the amount
of all bonds therefore which it will require as prerequisite to the
approval of the subdivision plat. The action of the Planning Board
plus any conditions attached thereto shall be noted on three copies
of the preliminary plat. One copy shall be returned to the subdivider,
one retained by the Planning Board and one forwarded to the Town Board.
Conditional approval of a preliminary plat shall not constitute approval
of the 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 plat, which will be submitted for approval
of the Planning Board and for recording upon fulfillment of the requirements
of these regulations and the conditions of the conditional approval,
if any. Prior to approval of the subdivision plat, the Planning 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 conditional approval of the preliminary
plat, file with the Planning Board an application for approval of
the subdivision plat in final form, using the approved application
blank available from the Secretary of the Planning Board. All applications
for plat approval for major subdivisions shall be accompanied by a
fee as set from time to time by resolution of the Town Board. If the
final plat is not submitted within six months after the conditional
approval of the preliminary plat, the Planning Board may refuse to
approve the final plat and require resubmission of the preliminary
plat.
[Amended 4-27-2000 by L.L. No. 1-2000]
B.
Number of copies. A subdivider intending to submit
a proposed subdivision plat for the approval of the Planning Board
shall provide the Secretary of the Board with a copy of the application
and four copies (one copy in ink on linen) of the plat, the original
and one true copy of all offers of cession, covenants and agreements,
and two prints of all construction drawings, at least 10 days in advance
of the regular monthly Planning Board meeting at which it is to be
officially submitted.[1]
[1]
Editor's Note: Former Subsection C, regarding
when a plat shall be considered officially submitted, which immediately
followed this subsection, was deleted 4-27-2000 by L.L. No. 1-2000.
C.
Endorsement of state and County agencies. Water and
sewer facility proposals contained in the subdivision plat shall be
properly endorsed and approved by the Columbia County Department of
Health. Application 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 Columbia County Department
of Health shall be secured by the subdivider before official submission
of subdivision plat.
D.
Approval of final plats.
[Amended 4-27-2000 by L.L. No. 1-2000]
(1)
Submission of final plats. Final plats shall conform
to the definition provided by this chapter.
(2)
Final plats which are in substantial agreement with
approved preliminary plats. When a final plat is submitted which the
Planning Board deems to be in substantial agreement with a preliminary
plat approved pursuant to this section, 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 62 days of its receipt by the Clerk of the Planning Board.
(3)
Final plats when no preliminary plat is required to
be submitted; receipt of complete final plat. When no preliminary
plat is required to be submitted, a final plat shall not be considered
complete until a negative declaration has been filed or until a notice
of completion of the draft environmental impact statement has been
filed in accordance with the provisions of the State Environmental
Quality Review Act. The time periods for review of such plat shall
begin upon filing of such negative declaration or such notice of completion.
(4)
Final plats; not in substantial agreement with approved
preliminary plats, or when no preliminary plat is required to be submitted.
When a final plat is submitted which the Planning Board deems not
to be in substantial agreement with a preliminary plat approved pursuant
to this section, or when no preliminary plat is required to be submitted
and a final plat clearly marked "final plat" is submitted conforming
to the definition provided by this chapter, the following shall apply:
(a)
Planning Board as lead agency; public hearing;
notice; decision.
[1]
Public hearing on final plats. The time within
which the Planning Board shall hold a public hearing on such final
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act, as
follows:
[a]
If such Board determines that the
preparation of an environmental impact statement is not required,
the public hearing on a final plat not in substantial agreement with
a preliminary plat, or on a final plat when no preliminary plat is
required to be submitted, shall be held within 62 days after the receipt
of a complete final plat by the Clerk of the Planning Board; or
[b]
If such Board determines that an
environmental impact statement is required, and a public hearing on
the draft environmental impact statement is held, the public hearing
on the final plat and the draft environmental impact statement shall
be held jointly within 62 days after the filing of the notice of completion
of such draft environmental impact statement in accordance with the
provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the public
hearing on the final plat shall be held within 62 days following filing
of the notice of completion.
[2]
Public hearing; notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if no hearing is held on the draft environmental impact statement
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall make its
decision on the final plat as follows:
[a]
If such Board determines that the
preparation of an environmental impact statement on the final plat
is not required, 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 62 days after the date
of the public hearing; or
[b]
If such Board determines that an
environmental impact statement is required, and a public hearing is
held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of such public hearing in accordance with the provisions of the State
Environmental Quality Review Act. If no public hearing is held on
the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the final plat. Within 30 days of the filing
of the final environmental impact statement, the Planning Board shall
issue findings on such final environmental impact statement and shall,
by resolution, conditionally approve, with or without modification,
disapprove or grant final approval and authorize the signing of such
plat.
[4]
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
(b)
Planning Board not as lead agency; public hearing;
notice; decision.
[1]
Public hearing. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the final
plat jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement or if no public hearing is
held on the draft environmental impact statement, the Planning Board
shall hold the public hearing on the final plat within 62 days after
the receipt of a complete final plat by the Clerk of the Planning
Board.
[2]
Public hearing; notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
[3]
Decision. The Planning Board shall, by resolution,
conditionally approve, with or without modification, disapprove or
grant final approval and authorize the signing of such plat as follows:
[a]
If the preparation of an environmental
impact statement on the final plat is not required, the Planning Board
shall make its decision within 62 days after the close of the public
hearing on the final plat.
[b]
If an environmental impact statement
is required, the Planning Board shall make its own findings and its
decision on the final plat within 62 days after the close of the public
hearing on such final plat or within 30 days of the adoption of findings
by the lead agency, whichever period is longer. The grounds for a
modification, if any, or the grounds for disapproval shall be stated
upon the records of the Planning Board.
E.
Approval and certification of final plats.
(1)
Certification of plat. Within five business days of
the adoption of the resolution granting conditional or final approval
of the final plat, such plat shall be certified by the Clerk of the
Planning Board as having been granted conditional or final approval
and a copy of such resolution and plat shall be filed in such Clerk's
office. A copy of the resolution shall be mailed to the owner. In
the case of a conditionally approved plat, such resolution shall include
a statement of the requirements which when completed will authorize
the signing thereof. Upon completion of such requirements the plat
shall be signed by said duly authorized officer of the Planning Board
and a copy of such signed plat shall be filed in the office of the
Clerk of the Planning Board or filed with the Town Clerk as determined
by the Town Board.
(2)
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be subdivided and developed in two or more sections
and may in its resolution granting conditional or final approval state
that such requirements as it deems necessary to ensure the orderly
development of the plat be completed before said sections may be signed
by the duly authorized officer of the Planning Board. Conditional
or final approval of the sections of a final plat may be granted concurrently
with conditional or final approval of the entire plat, subject to
any requirements imposed by the Planning Board.
(3)
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval unless all requirements stated in
such resolution have been certified as completed. The Planning Board
may extend by not more than two additional periods of 90 days each
the time in which a conditionally approved plat must be submitted
for signature if, in the Planning Board's opinion, such extension
is warranted by the particular circumstances.
F.
Default approval of preliminary or final plat. The
time periods prescribed herein within which a Planning Board must
take action on a preliminary plat or a final plat are specifically
intended to provide the Planning Board and the public adequate time
for review and to minimize delays in the processing of subdivision
applications. Such periods may be extended only by mutual consent
of the owner and the Planning Board. In the event that a Planning
Board fails to take action on a preliminary plat or a final plat within
the time prescribed therefor after completion of all requirements
under the State Environmental Quality Review Act, or within such extended
period as may have been established by the mutual consent of the owner
and the Planning Board, such preliminary or final plat shall be deemed
granted approval. The certificate of the Town Clerk as to the date
of submission of the preliminary or final plat and the failure of
the Planning Board to take action within the prescribed time shall
be issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval herein required.
G.
Filing of decision on final plat. Within five business
days from the date of the adoption of the resolution stating the decision
of the Board on the final plat, the Chairman or other duly authorized
member of the Planning Board shall cause a copy of such resolution
to be filed in the office of the Town Clerk.
H.
Notice to County Planning Board or agency or regional
planning council. When a County Planning Board or agency or a regional
planning council has been authorized to review subdivision plats pursuant
to § 239-n of the General Municipal Law, the Clerk of the
Planning Board shall refer all applicable preliminary and final plats
to such County Planning Board or agency or regional planning council
as provided in that section.
A.
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
In an amount set by the Planning Board the subdivider
shall either file with the Town Clerk a certified check to cover the
full cost of the required improvements or the subdivider shall file
with the Town Clerk a performance bond to cover the full cost of the
required improvements. Any such bond shall comply with the requirements
of § 277 of the Town Law and shall be satisfactory to the
Town Board and Town Engineer as to form, sufficiency, manner of execution
and surety. A period of one year (or such other period as the Planning
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, who shall file with the
Planning Board a letter signifying the satisfactory completion of
all improvements required by the Board. For any required improvements
not so completed the subdivider shall file with the Town Clerk a bond
or certified check covering the costs of such improvements and the
cost of satisfactorily installing any improvements not approved by
the Town Engineer. Any such bond shall be satisfactory to the Town
Board and Town Engineer as to form, sufficiency, manner of execution
and surety.
B.
Modification of design of improvements. If at any
time before or during the construction of the required improvements
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, upon
approval by a previously delegated member of the Planning Board, authorize
modifications, provided that these modifications are within the spirit
and intent of the Planning Board's approval and do not extend to the
waiver of substantial alteration of the function of any improvements
required by the Board. The Town Engineer shall issue any authorization
under this section in writing and shall transmit a copy of such authorization
to the Planning Board at their next regular meeting.
C.
Inspection of improvements. At least five days prior
to commencing construction of required improvements the subdivider
shall pay to the Town Clerk the inspection fee required by the Town
Board and shall notify the Town Board in writing of the time when
he proposes to commence construction of such improvements so that
the Town Board may cause inspection to be made to assure that all
Town specifications and requirements shall be met during the construction
of required improvements, and to assure the satisfactory completion
of improvements and utilities required by the Planning Board.
D.
Proper installation of improvements. If the Town Engineer
shall find, 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, he shall so report to the
Town Board, Building Inspector and Planning Board. 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 Planning Board as long as the
subdivider is in default on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements in §§ 156-7 and 156-8 above 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 (Chairman or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved or considered approved by reasons of the failure of the Planning Board to act, shall become null and void.
[Amended 4-27-2000 by L.L. No. 1-2000]
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been given by the Planning Board and endorsed in writing
on the plat, unless said plat is first resubmitted to the Planning
Board and such Board approves any modifications. In the event that
any such subdivision plat is recorded without complying with this
requirement, the same shall be considered null and void, and the Board
shall institute proceedings to have the plat stricken from the records
of the County Clerk.
A.
Public acceptance of streets. The approval by the
Planning Board of a 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 subdivision plat.
B.
Ownership and maintenance of recreation areas. When
a park, playground or other recreation area shall have been shown
on a plat, the approval of said plat shall not constitute an acceptance
by the Town of such area. The Planning Board shall require the plat
to be endorsed with appropriate notes to this effect. The Planning
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.
