When any subdivision of land is proposed to be made and before a contract for the sale of or any offer to sell such subdivision or part thereof is made and before the erection of any structure in such proposed subdivision shall commence or any grading, clearing, construction or other improvements undertaken therein, the subdivider or his duly authorized agent shall apply for approval of such proposed subdivision in accordance with the procedure stated herein.
[Amended 12-21-1988]
Where a tract of land is to be subdivided into not more than two lots in any one year, the Board may, at its discretion, grant final approval according to § A146-8 of these regulations after public hearing according to § A146-7C for preliminary plat approval, provided that preapplication procedure has been completed, and provided further that the application for final approval shall conform to the requirements of Article III of these regulations for minor subdivisions.
[Amended 12-21-1988]
Prior to the filing of an application for approval of a preliminary plat, the applicant shall appear before the Planning Board with a sketch plan of the proposed land subdivision as specified in Article III of these regulations. The purpose of such meeting is to acquaint the applicant with the objectives of the Subdivision Regulations and thus avoid undue loss of time and effort in the preparation and processing of the subdivision plat.
[Amended 12-21-1988]
A. 
After receiving the Planning Board's evaluation of the sketch plan as provided in § A146-6 above, the applicant shall submit a preliminary plat application in triplicate for the proposed subdivision as specified in Article III of these regulations.
B. 
Three copies of the preliminary plat, a check for the required filing fee and such other material as may be required shall be submitted to the Secretary of the Planning Board at least 15 days prior to the meeting at which it is to be considered. As part of the preliminary plat approval, the applicant shall submit to the Planning Board an environmental assessment form pursuant to the New York State Environmental Conservation Law and its regulations. If necessary, the Board may hold additional hearings on the environmental impact of the plat or proposed development that makes a declaration of positive impact upon the environment.
C. 
Within 62 days after the time of submission of a preliminary plat, the Planning Board shall take action to conditionally approve, with or without modifications, or disapprove such preliminary plat, and the grounds of any modification required or the grounds for disapproval shall be stated upon the records of such Planning Board. If the final plat is not submitted within six months of the conditional approval of the preliminary plat, the Planning Board may refuse to approve the final plat.
[Amended 3-14-2000]
D. 
Approval of the preliminary plat does not constitute approval of the final plat. Rather, it shall be deemed as an expression of approval of the proposal 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.
A. 
The final plat shall conform substantially to the approved preliminary plat, and, if desired by the applicant, it may constitute only that portion of the approved preliminary plat which is proposed to be developed at this time, provided that such portion meets all the requirements of these regulations and § 7-728, Subdivision 6, of the Village Law.
[Amended 12-21-1988; 3-14-2000]
B. 
Within six months of the date of preliminary plat approval or of sketch plan approval for minor subdivisions and prior to approval of the final plat, the applicant shall:
(1) 
Obtain the approval, where required, of the New York State Department of Health.
(2) 
Submit offers of cession of public roads and lands to the Village Board.
(3) 
Obtain the approval, where required, of the New York State Department of Transportation and/or the Orange County Highway Department.
(4) 
Submit to the Secretary of the Planning Board, at least 15 days prior to the meeting at which it is to be received and considered, the original drawing on Mylar or its equivalent and three copies of the final plat and other documents as specified in Article III.
[Amended 3-14-2000]
C. 
A public hearing will be held by the Planning Board after submission of a plat in final form for approval, which hearing shall be advertised at least once in the Village's official newspaper and a notice of hearing posted on the Village Clerk's Board at least seven days before such hearing. The Planning Board may thereupon approve, modify and approve or disapprove such plats or the proposed development thereof. The approval required by this section, or the refusal to approve, shall take place within 62 days from and after the time of the submission of the plat or the proposed development thereof for approval. The grounds for refusal of any plat or proposed development submitted shall be stated upon the records of such Planning Board. As part of the final approval process, the Board shall make a determination as to the environmental impact of the plat or proposed development and shall state a negative declaration of impact or a positive declaration of impact with mitigation.
[Amended 12-21-1988; 3-14-2000; 11-10-2015 by L.L. No. 5-2015]
D. 
The Board shall note such approval on the original map and one copy of the final plat, and return the original map to the subdivider and retain the approved copy for its records.
[Amended 3-12-2013 by L.L. No. 4-2013]
E. 
Filing the final plat.
(1) 
Upon completion of the above requirements and notation to that effect on the final plat by the Board, it shall be filed by the applicant in the office of the Orange County Clerk in compliance with § 7-728 of the Village Law. Any subdivision not so recorded within 62 days of the date of final plat approval, or such extension date as may be provided by the Board, shall become null and void.
[Amended 12-21-1988; 3-14-2000]
(2) 
No changes, modifications or erasures shall be made on any plat after final approval has been granted by the Planning Board and endorsed in writing on the plat, unless said plat is first resubmitted to the Board. In the event that such a 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 Orange County Clerk.
F. 
Sale of lots or construction of buildings prior to final plat approval. A building permit may be issued for one or more buildings prior to final plat approval only upon written authorization by the Planning Board specifying the lot or lots to which it is applicable after preliminary approval has been granted by the Board, and provided that the New York State Department of Health, where required, has approved the subdivision. In no case shall such buildings be occupied prior to final plat approval and recording with the Orange County Clerk as provided in these regulations.