Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Town of Greenwich, NY
Washington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
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 Clerk of the Planning Board, at least 10 days prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 167-20, for the purposes of classification and preliminary discussion.
B. 
Discussion of requirements and classification. The subdivider, or his duly authorized representative, shall, at the end of the meeting of the Planning Board, 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 necessary for protection of the public health, safety, and welfare, that in the case of a minor subdivision, the subdivider shall then comply with the procedure outlined in § 167-6 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 167-7, 167-8 and 167-9.
C. 
Study of the sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems necessary, make specific recommendations in writing to be incorporated by the applicant in the next submission to the Planning Board.
A. 
Application and fee.
(1) 
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, § 167-21A.
(2) 
All applications for plat approval for minor subdivisions shall be accompanied by a fee in the amount adopted by the Town Board pursuant to Town Code Chapter 110 and listed in the Fee Schedule.
[Amended 1-18-2000 by L.L. No. 1-2000; 11-7-2012 by L.L. No. 4-2012]
B. 
Number of copies. Five copies of the subdivision plat shall be presented to the Clerk of the Planning Board at the time of submission of the subdivision plat.
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. 
When officially submitted. The time of submission of the subdivision plat shall be the date of the regular meeting of the Planning Board at which the application is deemed complete and duly considered. The application shall be filed with the Clerk of the Planning Board at least 10 days prior to said meeting and shall be accompanied by all required fees and all data required by Article V, § 167-21, of these regulations.
E. 
Public hearing. A public hearing shall be held by the Planning Board in accordance with Town Law §  276, following submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing.
[Amended 11-7-2012 by L.L. No. 4-2012]
F. 
Action on subdivision plat.
(1) 
The Planning Board shall, in accordance with Town Law §  276, act to conditionally approve, conditionally approve with modification, disapprove or grant final approval and authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat.
[Amended 11-7-2012 by L.L. No. 4-2012]
(2) 
Upon granting conditional approval with or without modification to the plat, the Planning Board shall empower a duly authorized officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution granting conditional approval. Within five days of the resolution granting conditional approval, the plat shall be certified by the Clerk of the Planning Board as conditionally approved, and a copy filed in his/her office, and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Upon completion of such requirements, the plat shall be signed by the duly designated officer of the Planning Board. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.
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 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 V, § 167-22, hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provision of §§ 276 and 277 of the Town Law, and Article V, § 167-22 of these regulations, except where a waiver may be specifically authorized by the Planning Board. All applications for conditional approval of the preliminary plat shall be accompanied by an application fee which shall be the amount adopted by the Town Board pursuant to Town Code Chapter 110 and listed on the Fee Schedule. A full environmental assessment form (EAF)as required under SEQR for the anticipated action will be submitted at this time.
[Amended 1-18-2000 by L.L. No. 1-2000; 11-7-2012 by L.L. No. 4-2012]
B. 
Discussion of requirements and SEQR classification.
(1) 
The subdivider, or subdivider's duly authorized representative, shall attend the next meeting of the Planning Board to discuss the requirements of this chapter for street improvements, drainage, sewerage, water supply, fire protection, and similar aspects, as well as the availability of existing services and other pertinent information. Request for classification and lead agency intent under SEQR may be made at this time.
(2) 
The Planning Board may require a deed restriction limiting the resubdivision of any parcel of land large enough to be legally subdivided or resubdivided.
(3) 
No more than a total of 49 lots may be created either simultaneously or sequentially from a "parent parcel" for which neither central sewer nor water services exist, subject only to the waiver of the Commissioner of Environmental Conservation, State of New York, if warranted by soils characteristics. Should more than that total number of lots at any time be applied for, the applicant will have to include a plan for providing central sewer and water services to the previously subdivided lots at no additional costs to their present owners, as part of the present application for subdivision.
C. 
Number of copies. Five copies of the preliminary plat shall be presented to the Clerk of the Planning Board at the time of submission of the preliminary plat.
D. 
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.
E. 
Study of preliminary plat.
(1) 
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, Official Map and Zoning Ordinances, if such exist.
[Amended 9-28-2004 by L.L. No. 2-2004]
(2) 
The Planning Board, in reviewing a preliminary plat shall attempt to avoid excessive community expenditures by the Town because of necessary community improvements. This applies particularly to improvements not only viewing them as capital expenditures by the municipality but also taking into consideration excessive operating expenditures such as school bus operation, police and fire protection, etc. The Planning Board shall avoid approval of premature subdivisions in light of orderly community development.
F. 
When officially submitted. The time of submission of the preliminary plat shall be the date of the regular meeting of the Planning Board on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article V, § 167-22 of these regulations, has been duly considered.
G. 
Approval of the preliminary plat.
(1) 
After receipt of such preliminary plat by the Clerk of the Planning Board, the Planning Board shall hold a public hearing in accordance with Town Law § 276. Said 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. Failure to give notice in exact conformance with these regulations shall not be grounds to invalidate any action taken by the Board, provided that there has been substantial compliance with said requirements. Following such hearing, in accordance with Town Law § 276, the Planning Board shall approve; with or without modifications 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. When so approving a preliminary plat, the Planning Board shall state in writing modifications, if any, as it deems necessary for the submission of the plat in final form. Within five days of the approval of such preliminary plat it shall be certified by the Clerk of the Planning Board as granted preliminary approval and a copy filed in his/her office, a certified copy mailed to the owner, and a copy forwarded to the Town Board. Failure of the Planning Board to act within such period shall constitute approval of the preliminary plat.
[Amended 9-28-2004 by L.L. No. 2-2004]
(2) 
When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to: (1) the modifications to the preliminary plat, (2) 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, (3) 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 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.
A. 
Application for approval and fee. The subdivider shall, within six months after the 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 Clerk of the Planning Board. All applications for plat approval for a major subdivision shall be accompanied by a fee which shall be the amount adopted by the Town Board pursuant to Town Code Chapter 110 and listed on the Fee Schedule. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
[Amended 1-18-2000 by L.L. No. 1-2000; 11-7-2012 by L.L. No. 4-2012]
B. 
Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Clerk of the Board with a copy of the application and three copies, one copy on Mylar or an acceptable equal, of the plat, the original and one true copy of all offers of cession, covenants, and agreements and two prints of all construction drawings.
C. 
When officially submitted. The time of submission of the subdivision plat shall be the date of the regular meeting of the Planning Board at which the application is deemed complete and duly considered. The application shall be filed with the Clerk of the Planning Board at least 10 days prior to said meeting and shall be accompanied by all required fees and all data required by Article V, § 167-21, of these regulations.
D. 
Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by state and county agencies. Applications 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 New York State Department of Health shall be secured by the subdivider before official submission of the subdivision plat.
E. 
Public hearing. Following the submission of a plat in final form for approval, in accordance with Town Law § 276, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 167-7 of this article, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Action on proposed subdivision plat.
(1) 
The Planning Board shall by resolution conditionally approve, conditionally approve with or without modification, disapprove, or grant final approval and authorize the signing of such plat following its receipt by the Clerk of the Planning Board if no hearing is held or, in the event a hearing is held, after the date of such hearing, in accordance with Town Law § 276. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Upon resolution of conditional approval of such final plat the Planning Board shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution the plat shall be certified by the Clerk of the Planning Board as conditionally approved and a copy filed in his office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of such requirements the plat shall be signed by said duly authorized officer of the Planning Board. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.
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 A(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 shall 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 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 modification, provided these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or 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 its 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 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 §§ 167-8 and 167-9 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 duly designated officer of the Planning Board and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded in accordance with Town Law § 276(11) following the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.