City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[Amended 9-25-1989 by Ord. No. 24-89; 1-10-2011 by Ord. No. 3-2011]
The City Planning Board shall review the preliminary plat showing the foregoing requirements and, within 62 days of the date of submission of the preliminary application, shall:
A. 
Have the preliminary plat reviewed by the City Engineer and, if a performance bond is to be posted by the subdivider, receive the preliminary cost estimate from the subdivider approved by the City Engineer for such improvements.
B. 
Hold a public hearing on the preliminary plat. Notice of such hearing shall be published at least once in the official newspaper of the City at least 10 days before the date set for such hearing. Notice shall also be mailed at least 10 days prior to such hearing to the owners of all properties within 300 feet of the exterior boundaries of the property which is the subject of the application. The applicant shall prepare the notice and mailing and shall pay the cost of publication, mailing and the fees provided in Chapter 163, Fees, of this Code. The Secretary of the Board shall perform the mailing and arrange for the publication of the notice. The applicant shall submit to the Board affidavits of the Secretary of the Board swearing that the required mailings and publication have been performed, which documents shall become part of the application. For the purpose of the mailings required by this section, the term "owner" shall be construed to mean the owner as indicated on the assessment roll of the City of Newburgh. The notice shall set forth a description of the action sought from the Board, the name of the project, the location of the project by street location and tax map designation, the number of lots sought to be created and when and where a copy of the proposed plat is available for public inspection.
C. 
Review any approval or disapproval of the Orange County Department of Health regarding sewage disposal in the subdivision.
D. 
Approve, conditionally approve or disapprove the preliminary plat.
E. 
Communicate in writing the terms of conditional approval or the reasons for disapproval to the subdivider.
F. 
Communicate in writing the character and extent of the required public improvements for which waivers have been requested and which, in their opinion, may be waived without jeopardy to the public health and general welfare.
G. 
If conditionally approved, so endorse, together with the conditions, on the appropriate place on both the original and the photographic Mylar or equal stable material and return only the photographic Mylar to the subdivider. One print each of the approved plat may be submitted to the City Engineer, City Clerk and the City Assessor.
A subdivision fee shall be paid at the time of submission of the preliminary plat to the Planning Board. The fee shall be set from time to time by the City Council.[1]
[1]
Editor's Note: See Ch. 163, Fees.
When waivers are requested for certain required public improvements, the extent and detail of such requested waivers shall be presented by the City Planning Board at the public hearing. When such waivers are deemed justified by the City Planning Board, it shall recommend the same to the City Council. Waivers of this nature shall not be granted unless approved by majority vote of the City Council.
[Amended 1-10-2011 by Ord. No. 3-2011]
If no action is taken by the City Planning Board within 62 days from the date of its submission, such preliminary plat will stand automatically approved, and the City Clerk, upon demand, shall issue a certificate to this effect.