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.
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]
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)
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]
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.
