[Amended 3-10-1983 by L.L. No. 3-1983; 3-9-1989 by L.L. No. 2-1989]
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file, in duplicate, an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in Article XIII 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 XIII of these regulations, except where a waiver may be specifically authorized by the Planning Board.
Three copies of the preliminary plat shall be
presented to the Clerk of the Planning Board at the time of submission
of the preliminary plat.
The subdivider or his duly authorized representative
shall attend the meeting of the Planning Board to discuss the 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
Master Plan, the Official Map and zoning regulations,[1] if such exist.
The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article XIII of these regulations, has been filed with the Clerk of the Planning Board.
A.
Within 45 days after the receipt of such preliminary
plat by the Clerk of the Planning Board, the Planning Board shall
hold a public hearing, which hearing shall be advertised at least
once in a newspaper of general circulation in the Town at least five
days before such hearing. 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. Within 45
days after the date of such hearing, the Planning Board shall approve,
with or without modification, or disapprove such preliminary plat,
and the ground of a modification, if any, or the ground for disapproval
shall be stated upon the records of the Planning Board. The time in
which the Planning Board must take action on such plat may be extended
by mutual consent of the subdivider and the Planning Board. Failure
of the Planning Board to act within such forty-five-day period shall
constitute approval of the preliminary plat.
B.
When granting approval to a preliminary plat, the
Planning Board shall state the terms of such approval, if any, with
respect to the modifications to the preliminary 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 therefor which it
will require as prerequisite to the approval of the subdivision plat.
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. 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.
